HomeMy WebLinkAbout08-05-25 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. FYI
E. Commission Disclosures
F. Approval of Minutes
F.1 Approval of Regular Meeting Minutes: 07-15-25 City Commission Meeting Minutes, 07-22-
25 City Commission Meeting Minutes(Maas)
G. Consent
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, August 5, 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
Consider the Motion: I move to approve the combined City Commission minutes as submitted.
1
G.1 Accounts Payable Claims Review and Approval (Edwards)
G.2 Authorize the City Manager to Sign a Memorandum of Understanding with the Big Sky
Sustainability Network Organization (Big Sky SNO) and Montana State University's Office of
Sustainability for Transportation Demand Management Services(Mastel)
G.3 Authorize the Mayor to sign the Findings of Fact and Order for the Meadow Bridge
Subdivision Preliminary Plat, Application 25017 (Quasi-Judicial)(Minnich)
G.4 Ratify the Signature of the City Manager for a Professional Services Agreement with
Strategies 360 for Ballot Education Communications Services(Clark)
G.5 Authorize the City Manager to Sign a Professional Services Agreement with Morrison-
Maierle for Midtown Design Standards(DiTommaso )
G.6 Authorize the City Manager to Sign a Professional Services Agreement with Mimir Water
LLC. for Commercial, Institutional and Industrial (CII) Water Use Assessment Program
Services(Ahlstrom)
G.7 Authorize the City Manager to Sign a Professional Services Agreement with DOWL LLC for
the Hyalite Intake Dam Rehabilitation Project.(Heaston)
G.8 Authorize the City Manager to Sign an Amendment to the Professional Services Agreement
with Baker Tilly for Municipal Advisory Services Related to Fire Station 2 Tax Credit(Hodnett)
G.9 Authorize the City Manager to Sign an Amendment to the Professional Services Agreement
with Baker Tilly for Municipal Advisory Services for Arbitrage Rebate Compliance(Hodnett)
G.10 Authorize the City Manager to sign Task Order Number 1 for the Right of Way Acquisition
Project with Clear Route Real Estate, LLC for properties necessary to construct the Gooch
Hill Lift Station(Murray)
G.11 Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement
for Geographic Information Systems (GIS) Services for the Purpose of Amending the Scope
of Service(Jorgenson)
G.12 Authorize the City Manager to Sign a Task Order 12 with Economic and Planning Systems
(EPS) for a 2025 Market and Economic Conditions Report(DiTommaso )
G.13 Authorize the City Manager to Sign an Amendment One to Task Order 8 with Sanderson
Stewart for the Pedestrian Crossing at North 7th Avenue and Aspen Street(DiTommaso )
G.14 Authorize the City Manager to Sign Amendment 7 to the Professional Services Agreement
for the Field Survey Term Contract with Sanbell, to Facilitate Design of Upcoming Capital
Improvements Projects(Gamradt)
G.15 A Resolution of the City Commission of the City of Bozeman, Montana, Confirming the
Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and
7-32-4113.(Veltkamp)
2
G.16 A Resolution Approving Prime Change Orders 1, 2, 3, and 4 and Authorizing the City
Manager to Sign Amendment 001 of a Construction Agreement with Jackson Contracting
Group for Bozeman City Hall Renovation Construction Services.(Miller)
H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
I. Mayoral Proclamation
I.1 Mayoral Proclamation Proclaiming Americans with Disabilities Act Month(Cunningham)
J. Action Items
J.1 Review and reconsider the Boutique Hotel, Located at 240 E. Mendenhall, Site Plan and
Commercial Certificate of Appropriateness with a Deviation, Application 24147(Krueger)
J.2 Resolution Establishing a Three (3) Percent Increase to Tree Maintenance District
Assessments for Fiscal Year 2025-2026 (FY26).(Johnson)
J.3 Resolution Establishing a Three (3) Percent Increase to Arterial and Collector Street Special
District Assessments for Fiscal Year 2025-2026 (FY26).(Johnson)
J.4 Resolution Establishing a Three (3) Percent Increase to Parks and Trails Maintenance District
Assessments for Fiscal Year 2025-2026 (FY26).(Johnson)
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 application materials, public comment, and
all the information presented, I hereby adopt the staff findings as presented in the staff report for
application 24147 that the application does meet the criteria required for approval and move to
approve with conditions the Boutique Hotel application for the deviation requested to allow for
encroachment of open space hardscaping, a 4-foot awning, and supporting utility infrastructure into
the 35-foot watercourse setback.
Consider the Motion: I move to adopt Commission Resolution establishing a 3% increase in Tree
Maintenance District Assessments for FY26, making the assessment rate $0.004320 per assessable
square foot.
Consider the Motion: I move to adopt the Commission Resolution establishing a 3% increase in Arterial
and Collector Street Maintenance Assessments for FY26, making the assessment rate $0.008500 per
assessable square foot.
Consider the Motion: I move to adopt the Commission Resolution establishing a 3% increase in Parks
and Trails Maintenance District Assessments for FY26, making the assessment rate $0.029518 per
assessable square foot.
3
J.5 Resolution Establishing a Three (3) Percent Increase to Street Maintenance District
Assessments for Fiscal Year 2025-2026 (FY26).(Johnson)
K. Appointments
K.1 Appointments to the Historic Preservation Advisory Board (Newby)
K.2 Appointments to the Community Development Board(Newby)
K.3 Appointments to the Downtown Business Improvement District Board (Newby)
L. FYI / Discussion
M. Adjournment
Consider the Motion: I move to adopt the Commission Resolution establishing a 3% increase in Street
Maintenance District Assessments for FY26, making the assessment rate $0.040217 per assessable
square foot.
Consider the Motion: I move to reassign James Webster to the role of Historic District Representative,
with a term ending June 30, 2027.
AND
I move to reappoint Ashley Wilson to an At-large position with a term expiring June 30, 2027.
AND
I move to reappoint Michael Wiseman to the Architect position with a term expiring June 30, 2027.
AND
I move to appoint Mitchell Korus to an At-large position with a term expiring June 30, 2026.
Consider the Motion: I move to appoint Courtney Johnson to an At-large position with a term ending
December 31, 2027.
Consider the Motion: I move to appoint Randy Scully and Ileana Indreland to At-large positions with
terms ending June 30, 2027.
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.
4
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Jon Henderson, Assistant City Manager
SUBJECT:Approval of Regular Meeting Minutes: 07-15-25 City Commission Meeting
Minutes, 07-22-25 City Commission Meeting Minutes
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Minutes
RECOMMENDATION: Consider the Motion: I move to approve the combined City Commission
minutes as submitted.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s
priority of Improving Technology Utilization and Proficiency.
Improvements included:
• Live streaming broadcast of the City Commission Meeting
• Meeting efficiency
• Better access of meeting information for staff and the public
• Time savings
• Streamlined approach to citizen involvement and public comment In
addition to the City Commission, many City Boards utilize the system as well.
Beginning January 5, 2021 meetings in the Granicus platform have been
closed captioned. Those captions are searchable using the advanced search
option on our video view page.
Users are always welcome to contact the City Clerks' Office at 406.582.2320
or email BozemanClerksDepartment@bozeman.net for assistance.
UNRESOLVED ISSUES:None.
5
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:None.
Attachments:
07-15-25 City Commission Meeting Minutes.pdf
07-22-25 City Commission Meeting Minutes.docx
Report compiled on: July 25, 2025
6
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 1 of 13
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
July 15, 2025
Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode
Absent: None
Excused: None
Staff at the Dias: City Manager (CM) Chuck Winn, City Attorney (AC) Greg Sullivan, Deputy City Clerk
(DCC) Alex Newby
A) 00:02:17 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B) 00:03:44 Pledge of Allegiance and a Moment of Silence or Mindfulness
C) 00:04:27 Changes to the Agenda
• General public comment will be moved to after the last action item to accommodate finishing all
business on the agenda.
D) 00:05:52 FYI
• CM Winn announced on July 25th at 11 am in place of Coffee with the Commissioners there will
be a walk with the Commissioners, meeting in the Emerson Cultural Center Parking lot.
• CM Winn reported that the Bozeman Police Department solved the homicide of Steven Kilwein
from 2021.
• CM Winn shared that the City of Bozeman swore in 12 new Firefighters, which will take daily
staffing from 15 firefighters on shift to 19 firefighters on staff every day.
• CM Winn recognized Deputy City Clerk Alex Newby for making a large amount of public
comment accessible to the Public, Commission, and Staff over the last two days.
7
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 2 of 13
E) 00:09:00 Commission Disclosures
F) 00:09:07 Approval of Minutes
F.1 Approval of Regular Meeting Minutes:
02-25-25 City Commission Meeting Minutes
07-01-25 City Commission Meeting Minutes
02-25-25 City Commission Meeting Minutes.pdf
07-01-25 City Commission Meeting Minutes.pdf
00:09:12 Motion to approve: I move to approve the minutes of 02-25-25 and 07-01-25.
Jennifer Madgic: Motion
Joey Morrison: 2nd 00:09:21 Vote on the Motion to approve: I move to approve the minutes of 02-25-25 and 07-01-25. The
Motion carried 5 - 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Douglas Fischer
Emma Bode
Disapprove:
None
G) 00:09:40 Consent
G.1 Accounts Payable Claims Review and Approval
G.2 Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the
City's General Accounting Ledger
Write off Checks FY25.pdf
G.3 Authorize the City Manager to Submit a COPS Hiring Grant Application to US DOJ for
Four Sworn Officer Positions
Grant Application Routing Package_Updated.pdf
G.4 Approve the Meadow Bridge Subdivision Preliminary Plat Application to Subdivide Two
Parcels Zoned R-3 Into a Major Subdivision for Residential, Park, and Open Space Uses,
45 Buildable Lots, 1 Park Lot, 3 Open Space Lots, and Road Rights-of-way on a Total
25.32 Acres Generally Located Northwest of the Corner of Blackwood Road and S 23rd
Avenue; Application 25017 (Quasi-Judicial)
25017 Meadow Bridge_CC Staff Report.pdf
G.5 Authorize City Manager to Sign Metropolitan Transportation Planning Funding
Agreement for the Pass-Through of Federal Transit Administration Section 5303 Funds
to the Urban Transportation District
MPO Section 5303 Agreement.pdf
8
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 3 of 13
G.6 Authorize the City Manager's Signature for the 3rd Amendment to the Construction
Agreement with Constructive Solutions Inc. for the Downtown Alley Enhancement Pilot
Project.
3rd Amendment Alley-CSI_final.pdf
G.7 Authorize City Manager to sign the Professional Services Agreement with Clear Route
Real Estate, LLC to provide Right of Way Acquisition Services on a Term Contract Basis
for 2 years from the Date of Execution.
Right of Way Acquisition Professional Services Agreement.pdf
G.8 Authorize the City Manager to Sign Task Order No. 2 of the Professional Services Master
Task Order Agreement with HDR Engineering, Inc. Providing for UV Disinfection System
Controls Upgrades at the Water Reclamation Facility.
Task Order No. 2 - Combined.pdf
G.9 Authorize the City Manager to Sign Amendment 1 to the Professional Services
Agreement with Advanced Engineering and Environmental Services, LLC for the
Sourdough Water Treatment Facility Plan and South Pressure Zone Study
Amendment 1_PSA_AE2S_WTFP_Phase2.docx
G.10 Authorize City Manager to Sign First Amendment to Bozeman Sports Park Field 7
Contract with FieldTurf USA, Inc.
BSP-Field-7_First-Amendment.docx
Bozeman_Sports_Park_Field_7_Contract
G.11 A Resolution Approving Prime Change Order 5 and Authorizing the City Manager to Sign
Guaranteed Maximum Price Amendment 7 with Martel Construction, Inc. for the
Construction of the Fire Station 2 Relocation Project
Resolution FS2 Prime Change Order 5.docx
Bozeman Fire Station #2 Guaranteed Maximum Price Amendment No. 7.pdf
CM Winn presented the Consent Agenda Highlights
00:10:52 Public Comment on the Consent Agenda
There was no Public Comment.
00:11:28 Motion to approve: I move to approve Consent Items G.1 through G.11 as submitted.
Joey Morrison: Motion
Emma Bode: 2nd
00:11:39 Vote on the Motion to approve: I move to approve Consent Items G.1 through G.11 as submitted.
The Motion carried 5 - 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Douglas Fischer
Emma Bode
Disapprove:
None
9
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 4 of 13
H) 00:11:52 Consent II: Items Acted Upon Without Prior Unanimous Approval
H.1 Resolution Amending Resolution 5663 relating to a Project in the Northeast Urban
Renewal District known as the Bozeman Yards Project and Approving Update Legal
Description.
Resolution amending Res 5663.v1.docx
BZN Development Agreement -- Bozeman Yards.v4 20250715.docx
00:11:54 Motion to approve: I move to approve Consent II Item H.1 as submitted.
Joey Morrison: Motion
Emma Bode: 2nd
00:12:01 Vote on the Motion to approve: I move to approve Consent II Item H.1 as submitted. The Motion
carried 3 - 2.
Approve:
Terry Cunningham
Douglas Fischer
Emma Bode
Disapprove:
Joey Morrison
Jennifer Madgic
I) Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
• General Public Comment has been moved to Action Item J. 5.
J) 00:12:30 Action Items
J.1 Conduct a Public Hearing and Having Considered Public Testimony, Move to Approve a
Commission Resolution to Order the Installation of Sidewalks in Portions of Valley West
Subdivision, Phase 3A, 3B, 3C, 3D and in Portions The Lakes at Valley West Subdivision,
Phase 3
Resolution of Creation - Sidewalk Installation.docx
Resolution 2025-23 signed.pdf
00:12:34 CM Winn introduced Action Item J.1
00:13:01 Staff Presentation
Engineer Kellen Gamradt Presented the Resolution to Order the Installation of Sidewalks in Portions of
Valley West Subdivision, Background, Missing Side Walk Locations, Maps, Project Financing, Process.
Questions of Staff
00:16:48 Public Comment
10
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 5 of 13
00:17:19 Lisa Baker, Board Member of Valley West Subdivision thanked the City Staff for moving
the installation of sidewalks forward.
00:18:14 Laurenz Busch commented in favor of this Action Item.
00:18:42 Motion to approve: Having conducted a public hearing and considered written and spoken
public testimony, I hereby move to approve the Commission Resolution to Order the Installation of
Sidewalks in Portions of Valley West Subdivision, Phase 3A, 3B, 3C, 3D and in Portions The Lakes at Valley
West Subdivision, Phase 3.
Emma Bode: Motion
Douglas Fischer: 2nd
Discussion
00:21:23 Vote on the Motion to approve: Having conducted a public hearing and considered written and
spoken public testimony, I hereby move to approve the Commission Resolution to Order the Installation of
Sidewalks in Portions of Valley West Subdivision, Phase 3A, 3B, 3C, 3D and in Portions The Lakes at Valley
West Subdivision, Phase 3. The Motion carried 5 - 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Douglas Fischer
Emma Bode
Disapprove:
None
J.2 00:21:40 Approval of Public Engagement Plan for the Bozeman Community Plan
Technical Compliance Update
BCP_TCU_Community Engagement Plan CC Draft.pdf
76-25-106. Public participation, MCA.pdf
00:21:42 CM Winn presented Action Item J. 2.
00:21:58 Staff Presentation
Community Development Manager (CDM) Chris Saunders presented the Public Engagement Plan for the
Bozeman Community Plan Technical Compliance Update
Questions of Staff
00:30:42 Public Comment
There was no Public Comment.
11
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 6 of 13
00:31:20 Motion to approve: I move to approve the proposed Engagement Plan for the Bozeman
Community Plan Technical Compliance Update.
Douglas Fischer: Motion
Jennifer Madgic: 2nd
Discussion
00:36:37 Vote on the Motion to approve: I move to approve the proposed Engagement Plan for the
Bozeman Community Plan Technical Compliance Update. The Motion carried 5 - 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Douglas Fischer
Emma Bode
Disapprove:
None
J.3 00:36:50 A Resolution Establishing Intent to Negotiate a Land Exchange with
NorthWestern Energy in the City's Lower Yards Property
Resolution NorthWestern Energy Land Exchange.pdf
Attachment A - Letter of Request from NWE.pdf
Attachment B - Map Exhibit Depicting the Proposed Land Exchange.pdf
Attachment C - Preliminary Certificate of Survey.pdf
00:36:59 CM Winn introduced Action Item J.3
00:37:09 Staff Presentation
Assistant City Manager (ACM) Jon Henderson presented the Resolution Establishing Intent to Negotiate
a Land Exchange with NorthWestern Energy in the City's Lower Yards Property, Context, Overhead view
of Property, Process Moving Forward.
Questions of Staff
01:01:03 Public Comment
01:01:32 Janet Reno asked about if an environmental impact assessment on Rocky Creek had
been done.
01:02:37 CM Winn responded to the public comment.
12
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 7 of 13
01:03:04 Motion to adopt: I move to Adopt a Resolution Establishing Intent to Negotiate a Land
Exchange with NorthWestern Energy in the City's Lower Yards Property.
Jennifer Madgic: Motion
Joey Morrison: 2nd Discussion
01:08:37 Vote on the Motion to adopt: I move to Adopt a Resolution Establishing Intent to Negotiate a
Land Exchange with NorthWestern Energy in the City's Lower Yards Property. The Motion carried 5 - 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Douglas Fischer
Emma Bode
Disapprove:
None
J.4 01:08:57 Second Public Meeting Considering the Community Development Block
Grant (CDBG) Second-Year (2025) Action Plan
CC Memo July 15 2025 CDBG Action Plan v3 FINAL 7-2-25.docx
CDBG Annual Action Plan Year 2.pdf
EV Board Minutes June 4 2025.pdf
CDBG Action Plan Public Comment Period.pdf
PLACEHOLDER FOR ANY PUBLIC COMMENT.pdf
2024-2029_Consolidated_Housing_Plan_Memo.pdf
CDBG_Consolidated___Fair_Housing_Plan_Presentation.pdf
01:08:59 CM Winn introduced Action Item J.4
01:10:45 Staff Presentation
Finance Director (FD) Melissa Hodnett and Economic Director (ED) Brit Fontenot presented Community
Development Block Grant Year 2 Action Plan, Introduction and Framing, Next Steps, Action Plan
Allocations - Year 2, Citizen Participation, Family Promise Sanitary Sewer Project.
Questions of Staff
01:22:07 Public Comment
01:22:16 Rowan Larson commented in support of increasing transitional housing in the City of
Bozeman.
13
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 8 of 13
01:23:39 Motion to approve: I move to approve the Community Development Block Grant (CDBG) FY
2025 Annual Action Plan.
Joey Morrison: Motion
Emma Bode: 2nd Discussion
01:32:09 Vote on the Motion to approve: I move to approve the Community Development Block Grant
(CDBG) FY 2025 Annual Action Plan. The Motion carried 5 - 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Douglas Fischer
Emma Bode
Disapprove:
None
01:32:47 Mayor Cunningham called the meeting into recess
01:41:16 Mayor Cunningham called the meeting into order.
J.5 01:41:34 A Resolution Declaring the Pride Flag and Its Variants to be Official Flags
of the City of Bozeman
Resolution Declaring Pride Flag Municipal Flag Final.docx
01:41:58 CM Winn introduced Action Item J.5.
01:42:12 Staff Presentation
City Attorney (CA) Greg Sullivan presented the Resolution and the context to the Resolution.
01:43:12 Questions of Staff
01:54:59 Public Comment
01:58:06 Ben Carter commented in opposition to the Pride Flag representing the city.
01:59:04 Rowan Larson commented in support of the Pride Flag representing the city.
02:02:07 Andrew Jeffers commented in opposition to the Pride Flag representing the city.
02:05:01 Johanna Campbell commented in opposition to the Pride Flag representing the city.
02:06:09 Paige Culver commented in opposition to the Pride Flag representing the city.
14
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 9 of 13
02:09:03 Lauren Runye commented in opposition to the Pride Flag representing the city.
02:12:40 Natasha Ord commented in in opposition to the Pride Flag representing the city.
02:13:51 Roger Theising commented in opposition to the Pride Flag representing the city.
02:16:33 Patti Ford commented in opposition to the Pride Flag representing the city.
02:19:11 Stephen Fanning commented in opposition to the Pride Flag representing the city.
02:22:22 Karen O'Lago commented in opposition to the Pride Flag representing the city.
02:23:45 David Folsom commented in opposition to the Pride Flag representing the city.
02:27:01 Ryan Kelcher commented in opposition to the Pride Flag representing the city.
02:28:54 Mara commented commented in support of the Pride Flag representing the city.
02:30:22 Josh Bergatiker read a comment from Crystal Alegria in support of the Pride Flag
representing the city.
02:33:15 Cal commented in support of the Pride Flag representing the city.
02:34:50 Alex Grace commented in support of the Pride Flag representing the city.
02:35:46 Leif Torgeson commented in support of the Pride Flag representing the city.
02:36:14 Jay Stancliff commented in opposition to the Pride Flag representing the city.
02:38:17 Jasmine Alverino commented in opposition to the Pride Flag representing the city.
02:39:45 Shelby Bauma commented in opposition to the Pride Flag representing the city.
02:42:21 Grace Wasko commented in support of the Pride Flag representing the city.
02:45:43 Jason Baide commented in support of the Pride Flag representing the city.
02:48:17 Emma Forester commented in support of the Pride Flag representing the city.
02:50:45 Stephan Aldava commented in support of the Pride Flag representing the city.
02:51:58 Josh Macaffery commented in support of the Pride Flag representing the city.
02:54:54 Matt Polillo commented in support of the Pride Flag representing the city.
02:57:21 Maris Fessenden commented in support of the Pride Flag representing the city.
02:59:46 Kree Gullings commented in support of the Pride Flag representing the city.
15
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 10 of 13
03:02:47 Chris Warren commented in support of the Pride Flag representing the city.
03:06:05 Thomas Idle commented in support of the Pride Flag representing the city.
03:07:37 Nina Jaker commented in support of the Pride Flag representing the city.
03:10:49 Katie Fire Thunder commented in support of the Pride Flag representing the city.
03:13:20 Mike Whitaker commented in support of the Pride Flag representing the city.
03:15:48 Wyatt Murdoch commented in support of the Pride Flag representing the city.
03:18:48 Sam Forrest commented in support of the Pride Flag representing the city.
03:21:13 Conner Culver commented in opposition to the Pride Flag representing the city.
03:23:58 Andy Weis commented in support of the Pride Flag representing the city.
03:26:52 Jessica Jones commented in opposition to the Pride Flag representing the city.
03:29:33 Sofia Bielsky commented in support of the Pride Flag representing the city.
03:32:43 Erin Corsi commented in support of the Pride Flag representing the city.
03:34:28 Grant Rickert commented in support of the Pride Flag representing the city.
03:37:32 Ron Youderian commented in opposition to the Pride Flag representing the city.
03:40:58 Karen Lindell commented in opposition to the Pride Flag representing the city.
03:42:44 Ferris Monahan commented in support of the Pride Flag representing the city.
03:44:56 Steph Fouts commented in support of the Pride Flag representing the city.
03:46:59 Cami Armijo-Grover commented in support of the Pride Flag representing the city.
03:50:25 Mayor Cunningham extended the meeting to 10:30.
03:50:31 Wendy Purnell commented in support of the Pride Flag representing the city.
03:52:57 Jasmine James commented in support of the Pride Flag representing the city.
03:55:22 Karl Brandenburger commented in support of the Pride Flag representing the city.
03:58:14 Mason Hoskins commented in support of the Pride Flag representing the city.
04:00:41 Lisa Weaver commented in opposition to the Pride Flag representing the city.
16
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 11 of 13
04:04:18 Jane Oliveri commented in opposition to the Pride Flag representing the city.
04:07:29 Patrick Dennehy commented in opposition to the Pride Flag representing the city.
04:10:14 Arie Bodi-Anderson commented in support of the Pride Flag representing the city.
04:12:05 Deanna Campbell commented in opposition to the Pride Flag representing the city.
04:15:20 Matt Cook commented in opposition to the Pride Flag representing the city.
04:17:21 Darren Boyem commented in opposition to the Pride Flag representing the city.
04:19:09 Donald Stuker commented in support of the Pride Flag representing the city.
04:22:16 Vonis Veltkamp commented in opposition to the Pride Flag representing the city.
04:23:54 Aaron Nelson commented in opposition to the Pride Flag representing the city.
04:25:33 Janet Reno commented in opposition to the Pride Flag representing the city.
04:28:04 Jae Boyem commented in opposition to the Pride Flag representing the city.
04:30:49 Hilary Brown commented in opposition to the Pride Flag representing the city.
04:34:01 Peter Ferrel commented in support of the Pride Flag representing the city.
04:36:32 Pea Evener commented in opposition to the Pride Flag representing the city.
04:38:19 Wayne Hanson commented in opposition to the Pride Flag representing the city.
04:39:48 Jonathon Ford commented in opposition to the Pride Flag representing the city.
04:42:22 Suzanne Mackay commented in opposition to the Pride Flag representing the city.
04:45:39 Parry Jaeger commented in support of the Pride Flag representing the city.
04:46:40 Eli Anselmi commented in opposition to the Pride Flag representing the city.
04:50:11 Kristen Newman commented in support of the Pride Flag representing the city.
04:52:40 CJ commented in opposition to the Pride Flag representing the city.
04:56:42 Gavin Gentry commented in support of the Pride Flag representing the city.
04:59:21 Christopher Coburn commented in support of the Pride Flag representing the city.
05:01:18 Mayor Cunningham extended the meeting to 11:00.
17
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 12 of 13
05:01:24 Erika Berman commented in opposition to the Pride Flag representing the city.
05:02:49 Fern Servais commented in opposition to the Pride Flag representing the city.
05:04:50 Erin Seitel commented in support of the Pride Flag representing the city.
05:07:25 Andrew Gentry commented in support of the Pride Flag representing the city.
05:09:07 Mayor Cunningham called the meeting into recess.
05:15:05 Mayor Cunningham called the meeting back into order.
05:59:00 General Public Comment
05:15:25 Motion to adopt: I move to adopt the Resolution.
Emma Bode: Motion
Douglas Fischer: 2nd 05:15:56 Mayor Cunningham extended the meeting to 11:45.
Discussion
05:58:33 Vote on the Motion to adopt: I move to adopt the Resolution. The Motion carried 4 - 1.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Emma Bode
Disapprove:
Douglas Fischer
K) 05:59:22 FYI / Discussion
• CM Winn clarified why the POW/MIA flag is flown at City Hall.
L) 05:59:41 Adjournment
18
Bozeman City Commission Meeting Minutes, July 15, 2025
Page 13 of 13
___________________________________
Terry Cunningham
Mayor
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Alex Newby
Deputy City Clerk
Approved on: August 5, 2025
19
Bozeman City Commission Meeting Minutes, July 22, 2025
Page 1 of 7
THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA
MINUTES
July 22, 2025
Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode
Absent: None
Excused: None
Staff Present at the Dais: City Manager (CM) Chuck Winn, Chief Civil Attorney (CCA) Anna Saverud, City
Clerk (CC) Mike Maas
A) 00:04:40 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B) 00:05:58 Pledge of Allegiance and a Moment of Silence or Mindfulness
C) 00:06:36 Changes to the Agenda
D) 00:06:57 FYI
Cr. Madgic noted her interested in updating the City flag, and the Water Conservation fliers for
watering day and time restrictions.
Cr. Fischer agreed with Cr. Madgic for a future discussion on the City flag and to commend staff
for the quick completion of the S. 19th Ave construction project.
Mayor Cunningham provided educational information on the WARD Initiative.
CM Winn noted Signs and Signal Division has implemented 15 traffic calming sites with six
additional locations on the way; they installed two new Rectangular Rapid Flashing Beacons at
Kagy and Tracy and Oak and Hunters Way, and they completed six and a half miles of road
paving on S. 19th in eight days; lastly, on Friday the City will host a Disability Community Chat
from 11-1. MDT will begin their 7th Ave project upcoming after 19th Ave is completed.
E) 00:16:04 Commission Disclosures
F) 00:16:14 Approval of Minutes
F.1 Approval of Regular and Special Meeting Minutes:
06-24-25 City Commission Meeting Minutes
07-08-25 City Commission Meeting Minutes
07-14-25 City Commission Special Meeting Minutes
20
Bozeman City Commission Meeting Minutes, July 22, 2025
Page 2 of 7
06-24-25 City Commission Meeting Minutes.pdf
07-08-25 Commission Meeting Minutes.pdf
07-14-25 City Commission Special Meeting Minutes.pdf
00:16:25 Motion to approve the combined City Commission minutes as submitted.
Joey Morrison: Motion
Emma Bode: 2nd
00:16:36 Vote on the Motion to approve the combined City Commission minutes as submitted. The Motion
carried 5 - 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Douglas Fischer
Emma Bode
Disapprove:
None
G) 00:16:49 Consent
G.1 Accounts Payable Claims Review and Approval
G.2 Authorize the City Manager to Sign an Audit Engagement Letter for Fiscal Year 2025
City of Bozeman_2025_Engagement Letter_Audit and Single Audit.pdf
G.3 Authorize the City Manager to Sign a FEMA Fire Prevention and Safety Grant
Grant Application Routing form for Fire Prevention and Safety grant_.pdf
G.4 Authorize the City Manager to Sign a Memorandum of Understanding Between the City
of Bozeman, Gallatin Valley Land Trust, and Southwest Montana Mountain Bike
Association and a License Agreement for Use of City Property with Gallatin Valley Land
Trust for the Bikefill Park Project
Bikefill-MOU.pdf
Bikefill-License-Agreement.docx
G.5 Approve the Final Plat for the Northwest Crossing (NWX) Phase 2.2 Subdivision and
Authorize the Director of Transportation and Engineering to Execute the Same on Behalf
of the City of Bozeman, the Director of Community Development to Execute the
Improvements Agreements on Behalf of the City of Bozeman, Application 24386 (Quasi-
Judicial)
24386 NWX Phase 2.2 FP.pdf
24386 NWX 2.2 FP Transmittal Legal V.2.pdf
24386 Certificate of City Attorney 7-9-25.pdf
G.6 Authorize the City Manager to Sign a Building Code Enforcement Program Agreed Upon
Procedures Engagement Letter for Fiscal Year 2025
City of Bozeman_2025_Engagement Letter_Building Inspection AUP.pdf
G.7 Authorize the City Manager to Sign a Professional Service Agreement with MSR Design
for Bozeman Public Library Children's Room Renovation Design Services
21
Bozeman City Commission Meeting Minutes, July 22, 2025
Page 3 of 7
Architectural Services Agreement - MSR.pdf
G.8 Authorize the City Manager to a Professional Services Agreement with Morrison
Maierle, Inc., for the Lyman Reservoir Predesign Phase Services Project
PSA - Lyman Creek Reservoir Project_20250715 v2.pdf
G.9 Authorize the City Manager to Sign an Amendment 1 to the Professional Services
Agreement with HDR Engineering, Inc., for the WRF Phase 1 Base Hydraulic Capacity
Upgrade Project
Combined PSA Amendment No. 1_HDR_WRF Ph1 Upgrades.pdf
G.10 Authorize the City Manager to Sign Task Order 3 of the Professional Services Master
Task Order Agreement with HDR Engineering, Inc., Providing for Final Design of a Non-
Export Solar Power Installation at the Water Reclamation Facility
Task Order No. 3 - WRF Solar Installation Design - Combined.pdf
G.11 A Resolution Approving Change Order One to the Smith River Construction Contract for
Story Mill Splash Pad
Resolution_Splash-Pad_Smith-River-Construction.doc
Smith River Change Order.docx.pdf
00:16:56 City Manager Introduction
CM Winn provided the highlights of the Consent Agenda.
00:18:57 Public Comment
There were no comments on the Consent Agenda.
00:19:30 Motion to approve Consent Items 1 through 11 as submitted.
Emma Bode: Motion
Douglas Fischer: 2nd
00:19:40 Vote on the Motion to approve Consent Items 1 through 11 as submitted. The Motion carried 5
- 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Douglas Fischer
Emma Bode
Disapprove:
None
H) 00:19:52 Public Comment on Non-agenda Items Falling Within the Purview and
Jurisdiction of the Commission
Mayor Cunningham opened General Public Comments.
00:20:40 Mary Bateson commented requesting an increase to the upcoming tree maintenance
district assessment.
22
Bozeman City Commission Meeting Minutes, July 22, 2025
Page 4 of 7
00:23:20 Daniel Carty commented on the WARD Initiative ballot education Requests for Proposals
and advocacy.
00:25:40 Anja Lincke commented on the state requirement to budget for ballot education.
00:26:40 CJ commented to reallocate funds and taxes, and disappointment in the decision last
week.
I) 00:29:06 Action Items
I.1 00:29:17 Annexation and Zone Map Amendment Requesting Annexation and the
Establishment of an Initial Zoning Designation of PLI on 1.048 Acres, the 2221 South 3rd
Annexation, Application 24714
24714 2221 South 3rd ANNEX - ZMA CC SR.pdf
00:30:14 Staff Presentation
Senior Planner Tom Rogers presented the application. He entered the staff report, applicant submittal,
and all public comments into the record. He presented the site context, the Future Land Use Map
(FLUM) designation and area zoning designation, the annexation goals and policies, the zoning criteria,
there were no comments on the application, and recommendations.
00:39:51 Questions of Staff
00:44:59 Applicant Presentation
Ron Pertzborn, Intrinsik Architecture, presented the application.
00:46:10 Questions of Applicant
00:52:36 Public Comment
There were no public comments on this item.
00:53:17 Motion to approve Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings presented in the staff report
for application 24714 and move to approve the 2221 South 3rd Avenue Annexation with recommended
terms of annexation, and direct staff to prepare an annexation agreement for signature by the parties.
Douglas Fischer: Motion
Jennifer Madgic: 2nd
00:53:40 Discussion
00:56:01 Vote on the Motion to approve Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings presented in the
staff report for application 24714 and move to approve the 2221 South 3rd Avenue Annexation with
recommended terms of annexation, and direct staff to prepare an annexation agreement for signature by
the parties. The Motion carried 5 - 0.
Approve:
Terry Cunningham
23
Bozeman City Commission Meeting Minutes, July 22, 2025
Page 5 of 7
Joey Morrison
Jennifer Madgic
Douglas Fischer
Emma Bode
Disapprove:
None
00:56:16 Motion to approve Having reviewed and considered the staff report, application materials,
public comment, recommendation of the Zoning Commission, and all information presented, I hereby
adopt the findings presented in the staff report for application 24174 and move to approve the 2221
South 3rd Avenue Zone Map Amendment, with contingencies required to complete the application
processing.
Douglas Fischer: Motion
Jennifer Madgic: 2nd
00:56:44 Discussion
00:59:23 Vote on the Motion to approve Having reviewed and considered the staff report, application
materials, public comment, recommendation of the Zoning Commission, and all information presented, I
hereby adopt the findings presented in the staff report for application 24174 and move to approve the
2221 South 3rd Avenue Zone Map Amendment, with contingencies required to complete the application
processing. The Motion carried 5 - 0.
Approve:
Terry Cunningham
Joey Morrison
Jennifer Madgic
Douglas Fischer
Emma Bode
Disapprove:
None
J) 00:59:46 Special Presentation
J.1 00:59:49 Special Presentation Updating the City Commission on Ordinance 2172
Related to Camping on the Right-of-way
01:00:39 Staff Presentation
CCA Saverud presented the update on the urban camping in the right-of-way, Ordinance 2172,
preparation and implementation of the Ordinance, permit system, citations, historical and current count
data, locations of sustained camping in the rights-of-way, where people are going, affordable housing
developments, resources and staff time required, next steps for staff, and take aways.
01:40:20 CM Winn closing comments
01:43:31 Questions of Staff
24
Bozeman City Commission Meeting Minutes, July 22, 2025
Page 6 of 7
02:13:28 Recess
02:21:26 Call to Order
02:21:28 Questions of Staff continued
02:51:03 Public Comment
Mayor Cunningham opened this item for public comments.
02:51:28 Roger Blank commented to urge ending urban camping.
02:53:59 Christel Chvilicek, Family Promise, commented in support of the sunset of the Ordinance
and the need for transitional housing.
02:55:40 Kathy Tatum commented in support of ending urban camping permitting.
02:57:33 Anja Lincke commented on prioritizing housing needs, eviction prevention, and in
support of extending the permitting system.
03:00:51 Discussion
03:02:40 Sara Savage, HRDC, clarified the opening date of Homeward Point.
03:03:12 Discussion continued
03:31:01 CM Winn identified that the action was taken at the adoption of the Ordinance and
direction was to bring a report to the Commission. Any decision to end the sunset provision is within the
purview of the Commission. He provided an overview of the Point in Time Study and the need to identify
specificity within City limits, and closing thoughts on the best use of City resources.
03:33:50 Discussion continued
The Commission ultimately decided that no further action would be requested at this time.
K) 03:42:55 FYI / Discussion
Cr. Madgic noted the Walk with a Commissioner at 11 a.m. meeting at the Emerson on Friday.
L) 03:43:37 Adjournment
___________________________________
Terry Cunningham
Mayor
25
Bozeman City Commission Meeting Minutes, July 22, 2025
Page 7 of 7
ATTEST:
___________________________________
Mike Maas
City Clerk
PREPARED BY:
___________________________________
Mike Maas
Deputy City Clerk
Approved on: August 5, 2025
26
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:August 5, 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 August 6, 2025.
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
27
Memorandum
REPORT TO:City Commission
FROM:Candace Mastel, Transportation Demand Management Coordinator
Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation & Engineering
SUBJECT:Authorize the City Manager to Sign a Memorandum of Understanding with
the Big Sky Sustainability Network Organization (Big Sky SNO) and Montana
State University's Office of Sustainability for Transportation Demand
Management Services
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to sign a Memorandum of Understanding with
the Big Sky Sustainability Network Organization (Big Sky SNO) and Montana
State University's Office of Sustainability.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:In 2024 the City of Bozeman partnered with the Western Transportation
Institute, Big Sky SNO and Montana State University's Department of
Sustainability to address transportation demand management projects and
programs that served to advance the needs of the greater Bozeman
community. That MOU expires this year. In an effort to continue one of the
key programs of this partnership, the GoGallatin commuter platform (Ride
Amigos), a new MOU is planned to provide for the continuation of this
collaboration between three of the partners. The revised MOU would
include a partnership between the City, Big Sky SNO, and MSU. WTI's role in
the MOU is no longer necessary since their original role was training and
handing off the commuter platform and that task has been completed. This
MOU also establishes the funding responsibility for each partner to sustain
the license for the platform as part of the partnership for yearly renewal.
UNRESOLVED ISSUES:No unresolved issues.
ALTERNATIVES:No alternatives.
FISCAL EFFECTS:The partnership with Big Sky SNO and MSU's Department of Sustainability
will cover the annual renewal fee of the Ride Amigos platform, estimated to
be $24,000 in the first year with an annual increase of three to five percent
every year thereafter. The total cost of the platform would be split between
28
three parties in this way: 40 percent by the city of Bozeman; 40 percent by
Big Sky SNO; and 20 percent by MSU's Office of Sustainability. The
Department of Transportation and Engineering has budgeted the city's share
in the proposed FY26 Budget.
Attachments:
MoU_BS SNOW_MSU_Draft 080525.pdf
Report compiled on: July 14, 2025
29
1
Memorandum of Understanding
For Ride Amigos/GoGallatin Funding and Software Platform Administration
July 1, 2025, through June 30, 2026
This Memorandum of Understanding (“MOU”) is by and between the City of Bozeman (“City”),
the Big Sky Sustainability Network Organization (“Big Sky SNO”), and Montana State
University’s (“MSU”) Office of Sustainability, each entity referred to as a "Party" to this MOU,
and together these entities are referred to as the "Parties." The term “Partner(s)” is used
interchangeably with “Party” for purposes of this MOU.
WHEREAS: The Parties recognize the significant growth in population in the area, and recognize
the growth in traffic, specifically vehicle miles traveled ("VMT") and the number of vehicles
using area streets/road; and,
WHEREAS: The Parties desire to address the growth in traffic through a variety of methods,
including the enhancement of active transportation opportunities and encouragement of
mobility options throughout the City, Gallatin Valley, and Big Sky; and,
WHEREAS: The Parties recognize that partnering in these endeavors optimizes funding
opportunities, human resources, and outreach capabilities; and,
WHEREAS: The Parties use the Ride Amigos/GoGallatin platform (“the platform”), a web-based
service for active commuters to connect with other users and mobility services, take part in
incentive and challenge programs, and track their active transportation trips.
WHEREAS: The City, Big Sky SNO and MSU’s Office of Sustainability, in addition to administering
their own programs, commit to funding the Ride Amigos/GoGallatin platform and ensuring the
platform is procured in a timely manner to ensure continuation of services the platform offers
to users.
WHEREAS: The work to be conducted under this MOU consists of funding the platform and
providing payment to Ride Amigos to continue the service, the individual planning and
execution of programs that the platform supports, and collaborating on outreach, engagement,
and marketing of the programs to the greater community that may benefit from said programs;
and,
WHEREAS: The Parties recognize the benefit of leveraging the funding and support of the
platform to create and implement tools to achieve progress in reducing VMT and impacts to
our community by increased motor vehicle trips.
30
2
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
History/Background:
The City of Bozeman, MSU, and Big Sky SNO have been Partners in previous MOU’s as co-
administrators and managers of the GoGallatin platform. Their track record of working together
has had positive outcomes and has given rise to many programs that have been successful in
transportation demand management initiatives.
This MOU allows for the continuation of an established, formal relationship between the three
Partners into the coming year to further advance area-wide transportation demand
management initiatives and be administrators of the GoGallatin platform.
Term and Termination:
The term of this agreement shall be for a period of one (1) year, unless terminated earlier by
any Party upon sixty (60) days’ notice.
Funding:
The City will contribute funds to the budget for this MOU. The City will contribute 40 percent
(approximately $9600.00) of the renewal fee.
Big Sky SNO will contribute funds to the budget for this MOU. Big Sky SNO will contribute 40
(approximately $9600.00) percent of the renewal fee.
Montana State University’s Office of Sustainability will contribute funds to the budget for this
MOU. Montana State University’s Department of Sustainability will contribute 20 percent
(approximately $4800.00) of the renewal fee.
Roles and Responsibilities
• Under this MOU, the City of Bozeman shall:
1. Be the main contact for all City of Bozeman area challenge and incentive programs.
2. Provide payment for their portion of the Ride Amigos platform to MSU in a timely
manner to renew software subscription.
3. Provide administrative support for City of Bozeman focused challenge and incentive
programs.
4. Collaborate in providing support for area-wide challenge and incentive programs that
mutually benefit all Partners and their constituents.
5. Ensure that all staff working with data from the platform will remain up to date on the
MSU CITI training as required by IRB for data access and management.
31
3
• Under this MOU, Big Sky SNO shall:
1. Be the main contact for all Big Sky SNO focused challenge and incentive programs.
2. Provide payment for their portion of the Ride Amigos platform to MSU in a timely
manner to renew software subscription.
3. Provide administrative support for Big Sky focused challenge and incentive programs.
4. Collaborate in providing support for area-wide challenge and incentive programs that
mutually benefit all Partners and their constituents.
5. Ensure that all staff working with data from the platform will remain up to date on the
MSU CITI training as required by the IRB for data access and management.
• Under this MOU, Montana State University’s Office of Sustainability shall:
1. Be the main contact for Montana State University challenge and incentive programs.
2. Be the main contact for the Ride Amigos account; collect from Partners and submit all
payments to the software provider by the date payments are due on September 1st of
the year.
3. Provide administrative support for Montana State University focused challenge and
incentive programs.
4. Collaborate in providing support for area-wide challenge and incentive programs that
mutually benefit all Partners and their constituents.
Work Product:
All Partners will retain the right, title, and interest, including the right of copyright, in all work
reduced to writing or fixed in any media (including reports, articles, photographs, recordings,
data, computer programs and related documentation) authored by said individual Partner.
Work may be shared across Partners with the permission granted by other Partners if the need
arises. Each Partner shall retain the same rights to work authored solely by its employees and
agents. The Partners will jointly own any work jointly authored under this agreement. The
granting of perpetual, in-evocable, royalty free rights to Partners to reproduce, publish, access
data, or otherwise use and authorize others to use all work authored by it and produced under
this contract shall be agreed upon as necessary by all Partners.
Liability and Insurance:
Nothing in this MOU is intended to create a separate legal entity.
Each Party hereto agrees to be responsible and assume liability as related to this MOU for its own
wrongful or negligent acts of omissions, or those of its officers, agents or employees to the full
extent required by law. Each Party agrees to maintain reasonable coverage for such liabilities
either through commercial insurance or a reasonable self- insurance mechanism, and the nature
of such insurance coverage or self-insurance mechanism will be reasonably provided to the other
Party upon request.
32
4
Each Party will specify an individual to represent the entity regarding this MOU. This MOU,
effective upon signature by the Parties, may be modified through written agreement by the
Parties.
Signatures:
________________________________________________ _________________
City of Bozeman Date
________________________________________________ _________________
Big Sky SNO Date
________________________________________________ _________________
Montana State University, Office of Sustainability Date
33
Memorandum
REPORT TO:City Commission
FROM:Bailey Minnich, Development Review Planner
Brian Krueger, Development Review Manager
Erin George, Interim Community Development Director
SUBJECT:Authorize the Mayor to sign the Findings of Fact and Order for the Meadow
Bridge Subdivision Preliminary Plat, Application 25017 (Quasi-Judicial)
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:
Approve and authorize the Mayor to sign the Findings of Fact and Order for
the Meadow Bridge Subdivision Preliminary Plat to Subdivide 25.32 acres to
create 45 buildable lots, 3 open space lots, and 1 city park lot with
easements and associated right of way.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
The Department of Community Development received a Preliminary Plat
Application on January 10, 2025 requesting to subdivide 25.32 acres to
create 45 buildable lots, 3 open space lots, and 1 city park lot with
easements and associated right of way. The subject property is zoned R-3
(Residential Medium Density District).
On May 22, 2025 the Development Review Committee (DRC) found the
application sufficient for continued review and recommends the conditions
and code provisions identified in this report. No waivers were granted with
the pre-application plan review on August 9, 2024. Please see the Findings of
Fact for analysis of the review criteria.
The Community Development Board acting in their capacity as the Planning
Board considered the application and provided a recommendation of
approval on July 7, 2025. No public comment was received at the meeting.
34
There was one question from the board about potential duplicate files listed
in the Public Documents folder, and no discussions regarding the proposed
subdivision. A motion to recommend approval of the subdivision was passed
5-0.
This subdivision meets the criteria for review under 76-3-616 Montana Code
Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts
this subdivision from the public hearing requirement. Per BMC 38.240.100
the final decision for this preliminary plat must be made within 60 working
days from sufficiency, or by August 19, 2025.
The City Commission held a public meeting to consider the application for
approval on July 15, 2025, at 6:00 pm. A video of the meeting is available on
the City's Streaming Video Archive. No public comment was received. The
motion to approve consent items G.1 to G.11 passed unanimously.
UNRESOLVED ISSUES:None
ALTERNATIVES:As recommended by the City Commission
FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to
deliver municipal services to the property. Impact fees will be collected at
the time of building permit issuance for individual buildings along with City
sewer and water connection fees.
Attachments:
25017 Meadow Bridge_Findings of Fact.pdf
Report compiled on: July 16, 2025
35
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 1 of 33
25017 City Commission Findings of Fact and Order for the Meadow Bridge
Subdivision Preliminary Plat
Public Meeting/Hearing Dates:
Planning Board meeting was held on Monday, July 7, 2025, at 6:00 pm.
City Commission meeting was held on Tuesday, July 15, 2025, at 6:00 pm.
Project Description: A preliminary plat requesting to subdivide two parcels zoned R-3 into a
major subdivision for residential, park, and open space uses. The proposed subdivision
includes 45 buildable lots, 1 park lot, 3 open space lots, and road Rights-of-way on a total
of 25.32 acres. The project is proposed to be completed in one phase. The residential
uses are anticipated to be single household dwellings, but several of the lots are large
enough to accommodate multiple-unit dwellings. The applicant is requesting one
departure from the City of Bozeman Landscape and Irrigation Performance and Design
Standards Manual under BMC 38.550.060 related to the preservation of established tree
vegetation to meet the tree planting requirements of the landscape design manual.
Project Location: Situated in the W ½ of SE ¼ of Section 23, Township 2 South, Range 5 East,
Principal Meridian, City of Bozeman, Gallatin County, Montana. Addresses TBD, west
of S 23rd Avenue, east of Parkway Avenue, south of Commonwealth Street, and
northwest of the corner of Blackwood Road and S 23rd Avenue.
Staff Finding: The application conforms to standards and is sufficient for approval with
conditions and code provisions.
Recommended Planning Board Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 25017 and move for the Community
Development Board in its capacity as the Planning Board to recommend approval of the
subdivision with conditions and subject to all applicable code provisions.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt the findings
presented in the staff report for application 25017 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: July 16, 2025
Staff Contact: Bailey Minnich, Development Review Planner
Alicia Paz-Solis, Project Engineer
Agenda Item Type: Consent (Quasi-judicial)
36
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 2 of 33
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date.
The application materials are available in the City’s Laserfiche archive and may be accessed
through the Community Development viewer.
Unresolved Issues.
There are no unresolved issues with this application.
Project Summary
The Department of Community Development received a Preliminary Plat Application on January
10, 2025, requesting to subdivide 25.32 acres to create 45 buildable lots, 3 open space lots, and 1
city park lot with easements and associated right of way. The subject property is zoned R-3
(Residential Medium Density District).
Proposed land uses for the subdivision are primarily residential in the form of single household
dwellings on individual lots; however, several larger lots are proposed which could
accommodate multiple unit dwellings. Exhibit 6 below shows proposed uses over the entire
subdivision. Development of lots within the subdivision will be subject to Bozeman Municipal
Code (BMC) provisions at the time of development for R-3 Zoning.
One city park lot is proposed within the overall subdivision. The park totals 3.44 acres and will
connect to the existing parkland located to the east within the Southbridge Subdivision. Three
additional open space lots are proposed to facilitate stormwater retention, pedestrian right-of-
way, utilities, and watercourse and wetland buffers. A park master plan is included under
application document 005.
One collector and two local streets are proposed to be completed within the subdivision. The
extension of Blackwood Road along the southern property line running east-west, the extension
of Kurk Drive near the middle of the subdivision running east-west, and Last Loop Drive
extending north-south through the subdivision. Blackwood Road along the southern boundary is
considered a collector street and is proposed as a modified or custom street section to
accommodate adjacent unannexed property and will be constructed within a 45-foot-wide right-
of-way. This design process was reviewed under the authority of the Director of Transportation
and Engineering per BMC 38.200.010.F for modifications to the City’s street improvement
standards in BMC 38.400.010. The extensions of Kurk Drive and Last Loop Drive will be
constructed to local street standards within the required 60-foot-wide rights-of-way. Two alleys
are also proposed within the subdivision. Alley A is located within Block 1 in the northwest
corner of the subdivision, providing access to lots fronting on the proposed greenway corridor
per BMC 38.400.090.B.2.c. Alley B is located within Block 3 in the southwest corner of the
subdivision, providing additional access to lots along Blackwood Road and Last Loop Drive.
Alley A will be constructed within a 30-foot-wide right-of-way, and Alley B will be constructed
37
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 3 of 33
within a 20-foot-wide right-of-way. Both alleys will be maintained by the subdivision Property
Owners’ Association.
The subdivision is proposed to be completed in one phase and developed with uses permitted
under sketch plan review. Therefore, the application does not qualify for concurrent
construction. All subdivision improvements must be installed prior to the issuance of a building
permit for any lot within a subdivision.
A jurisdictional watercourse with associated wetlands and irrigation facility will be impacted by
the proposed subdivision. An unnamed tributary/intermittent stream/irrigation ditch crosses
north-south through the subject property, beginning near Blackwood Road and ending at
Parkway Avenue along the northern property line. A wetland delineation report is located in the
application documents under document 013. Extensions to Kurk Drive and Blackwood Road
will extend across the watercourse and wetland, however, culverts already exist and are not
proposed to be modified with the road extensions. Additionally, a 25-foot-wide public access
easement will extend across the watercourse and wetland area near the middle of the property to
provide a mid-block pedestrian crossing, mitigating overall block length requirements.
Application document 014.03 provides documentation from a water rights attorney identifying
no impacted agricultural water users. One upstream water rights owner was identified and a
notice of the proposed subdivision was provided per BMC 38.410.060.D.2.a and included as
document 014.05. The proposed subdivision is located within the Middle Creek Ditch
Company’s place of use, but it is unclear if the waterway is considered a lateral ditch or a natural
watercourse. To maintain transparency and caution, the applicant submitted notification of the
proposed subdivision to the Middle Creek Ditch Company in compliance with BMC
38.360.280.B and provided the required 45-calendar days for submittal of any written comments,
which ended on April 11, 2025. No comments have been received from the Middle Creek Ditch
Company at the time of writing this staff report. The applicant must contact the Gallatin County
Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of
Engineers regarding the proposed project and any required permits needed for impacting
watercourses and wetlands (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must
be obtained by the applicant and provided to the Community Development Department prior to
construction and final plat approval. The City’s wetlands consultant reviewed the aquatic
resources delineation and functional assessment and found the reports to be sound, with a
recommended code provision for the application to obtain the required permits prior to
commencing any construction. Watercourse plantings as trees, shrubs, and native grass seed will
be provided for restoration where impacts are proposed for necessary infrastructure construction.
Further analysis of the watercourse and associated wetlands is located below in the staff analysis
section for Surface Water.
On May 22, 2025, the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in this
report.
38
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 4 of 33
The subdivider did not request any waivers or variances with this application. The City has
received two written public comments on the application as of the writing of this report.
The final decision for this preliminary plat must be made by August 19, 2025, or 60 working
days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt
subdivisions.
The Community Development Board acting in their capacity as the Planning Board considered
the application and provided a recommendation of approval on July 7, 2025. No public
comment was received at the meeting. There was one question from the board about potential
duplicate files listed in the Public Documents folder, and no discussions regarding the proposed
subdivision. A motion to recommend approval of the subdivision was passed 5-0.
The City Commission held a public meeting to consider the application for approval on July 15,
2025 at 6:00pm. A video of the meeting is available on the City’s Streaming Video Archive. No
public comment was received. The motion to approve consent items G.1 to G.11 passed
unanimously.
Alternatives
1. Approve the application with the recommended conditions;
2. Approve the application with modifications to the recommended conditions;
3. Deny the application based on the Commission’s findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Continue the public meeting on the application, with specific direction to staff or the
subdivider to supply additional information or to address specific items.
39
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 5 of 33
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 4
SECTION 1 – MAP SERIES .......................................................................................................... 6
SECTION 2 – REQUESTED VARIANCES ............................................................................... 11
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL .......................................... 12
SECTION 4 – CODE REQUIREMENTS .................................................................................... 12
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 16
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 16
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 17
Documentation of compliance with adopted standards 38.220.060 ................................. 22
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 28
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 30
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 32
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 32
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 33
FISCAL EFFECTS ..................................................................................................................... 333
ATTACHMENTS ....................................................................................................................... 333
40
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 6 of 33
SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
41
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 7 of 33
Exhibit 2 – Future Land Use Map
42
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 8 of 33
Exhibit 3 – Preliminary Plat (see all sheets in file)
43
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 9 of 33
Exhibit 4 – Landscaping Plan (see all sheets in file)
44
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 10 of 33
Exhibit 5 – Parks and Open Space
45
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 11 of 33
Exhibit 6 – Land Use Plan
46
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 12 of 33
SECTION 2 – REQUESTED VARIANCES
No variances are requested with this application.
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to this project.
Recommended Conditions of Approval:
1. The plat shall conform to all requirements of the Bozeman Municipal Code and the
Uniform Standards for Monumentations, Certificates of Survey, and Final Subdivision
Plats (24.183.1101 ARM, 24.183.1104 ARM, 24.183.1107 ARM)) and must be
accompanied by all required documents, including certification from the City Engineer
that as-built drawings for public improvements were received, a platting certificate, and
all required and corrected certificates. The Final Plat application must include one (1)
signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent).
The Gallatin County Clerk & Recorders office has elected to continue the existing
medium requirements of 1 mylar with a 1 binding margin on one side for both plats and
COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last
same sized mylar sheet in the plat set
2. The applicant must add the following notes to the conditions of approval sheet of the plat
related to the presence of high groundwater on the property:
a. The maintenance of all stormwater facilities, including stormwater facilities
within the park parcels, is the responsibility of the property owners' association
(POA).
b. No crawl spaces will be permitted with future development of the site, unless a
professional engineer registered in the State of Montana certifies that the lowest
point of any proposed structure is located above the seasonal
high groundwater level and provide supporting groundwater data prior to the
release of building permit. In addition, sump pumps are not allowed to be
connected to the sanitary sewer system.
c. Sump pumps are also not allowed to be connected to the drainage system unless
capacity is designed into the drainage system to accept the pumped water. Water
from sump pumps may not be discharged onto streets, such as into the curb and
gutters where they may create a safety hazard for pedestrians and vehicles.
SECTION 4 – CODE REQUIREMENTS
1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that
unmet code provisions, or code provisions that are not specifically listed as conditions of
approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or state law.
47
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 13 of 33
2. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The
applicant must contact the Gallatin County Conservation District, Montana Department
of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed
project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required
permits must be obtained by the applicant and provided to the Community Development
Department prior to construction and final plat approval.
3. Sec. 38.220.070.A.3 – Noxious Weeds. Prior to final plat approval, a memorandum of
understanding must be entered into by the weed control district and the developer. The
memorandum of understanding must be signed by the district and the developer prior to
final plat approval, and a copy of the signed document must be submitted to the
community development department with the application for final plat approval.
4. Sec. 38.220.300, 310, and 320. Property Owners’ Association. Final Property Owners’
Association (POA) documents, including covenants, must be provided with the final plat
prior to being finalized and recorded. The POA documents must include the requirements
of BMC 38.220.300, 310, and 320, where applicable. Additionally, based on the provided
documents, revise and add the following.
a. Page 1 states, ‘Declarant intends to develop Meadow Bridge in phases.’ Please
remove any language mentioning phasing, as the development is proposed in only
one phase.
b. Any section that requires the construction of sidewalks needs to match the City's
one-year requirement for financially guaranteeing sidewalks in BMC
38.270.060.D.2.
c. A section addressing agricultural uses of neighboring properties must be included
in the following form: "Lot owners and residents of the subdivision are informed
that adjacent uses may be agricultural. Lot owners accept and are aware that
standard agricultural and farming practices can result in dust, animal odors and
noise, smoke, flies, and machinery noise. Standard agricultural practices feature
the use of heavy equipment, chemical sprays and the use of machinery early in the
morning and sometimes late into the evening."
d. The applicant must provide a permanent funding source, such as the levying of
assessments against all properties within the development, for alley maintenance
where alleys in the development are designed to accommodate public utility lines
and other infrastructure. The alleys in the proposed subdivision functioning as
privately maintained public streets for the purposes of utility conveyance must
provide the required documentation detailed in BMC 38.400.020.A.2 prior to final
plat approval.
5. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the
certificates on the final plat must follow the language in the corresponding certificates in
this code section.
6. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by
Developer and Property Owners’ Association. The subdivision’s stormwater
maintenance plan must clearly state the following condition. "The property owners
48
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 14 of 33
association (Insert Final Property Owners Association Name as recorded in the CC&Rs)
shall be responsible for the maintenance of all stormwater management facilities located
outside of the public right-of-way." The approved stormwater plan must be incorporated
into the property owners’ association documents and a copy of the documents
demonstrating the inclusion of the stormwater maintenance plan must be provided prior
to final plat approval.
7. Sec. 38.400.110.A and 38.270.020.B.2.c – Transportation Pathways. The applicant
must construct the Shared Use Path identified in the 2023 Parks, Recreation, and Active
Transportation Plan (PRAT) within the development’s open space lots and parkland
dedication. Any necessary permits (310, 404, etc.) for bridges must be obtained by the
developer from the appropriate agency prior to installation of the stream crossings. Trail
plans and specifications must be submitted to the planning and parks departments for
review and approval prior to installation.
8. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting
district (SILD) information shall be submitted to the City and the district formed after
preliminary plat approval in hard copy and digital form. Any final plat application will
not be deemed complete until the resolution to create the SILD has been approved by the
City Commission. The initial adoption of the special improvement lighting district shall
include the entire area of the preliminary plat. The approval to create or annex to an
existing SILD must be granted prior to Final Plat Approval.
9. Sec. 38.400.090 - Access and Sec. 38.410.040 – Blocks. All pedestrian access easements
and open space lots used to mitigate block length and provide greenway corridor lot
frontage must be developed with landscaping and walkways prior to final plat approval
and cannot be deferred to adjacent property owners.
10. Sec. 38.410.060. - Easements. All Easements indicated below must be provided on city
standard easements templates. Drafts must be prepared for review and approval by the
city. Signed hard copies of the easements must be submitted to the City prior final plat
approval. The applicant may contact the review engineer to receive standard templates.
a. The final plat must provide all necessary utility easements, and they must be
described, dimensioned and shown on each subdivision block of the final plat in
their true and correct location.
b. The applicant must submit for review and approval all easements which designate
space for public or private utilities that are not in the designated pubic right of
way. All such easements applicable to the spatial orientation of utilities on the
plat, which are not in public right of way, must be reviewed, approved, executed
by applicable owners and the City Commission, and filed with the County Clerk
and Recorder's office prior to final plat approval.
11. Sec. 38.410.060.D – Easements for agricultural water user facilities. An agricultural
water user easement meeting the requirement of 38.410.060.D.1. must be dedicated for
the un-named tributary prior to final plat approval and include notice stating that the
easements are subject to the requirements of Section 70-17-112, MCA restricting
interference with canal or ditch easements and that irrigation works are subject to Section
85-7-2211 and 85-7-2212, MCA regarding duties and liability, per 38.410.060.D.6. The
49
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 15 of 33
notice must include language to assure the duties are binding upon all successors in
interest and remain in effect until such time that the agricultural water user facility is
abandoned in accordance with the requirements of Montana Law or alternative
requirements are agreed to in writing by all applicable parties. The easements must be
prepared as documents separate from the final plat but may be referenced on a final plat.
a. The developer's professional engineer must certify prior to infrastructure approval
for the pedestrian bridge and construction of Blackwood Road or Kurk Drive, and
provide the certification with the final plat application materials, that the water
entering and exiting the realigned or relocated agricultural water user facility is
the same quality and amount of water that entered or exited the facility.
12. Sec. 38.410.130.D.3 - Water Adequacy. The city will determine the estimated increase
in annual municipal water demand attributable to the development. The applicant must
offset the estimated increase in annual municipal water demand attributable to the
development through one or more of the following means: 3. Payment to the city of cash-
in-lieu of water rights for that portion of the estimated annual municipal water demand
attributable to the development that is not offset under subsections D.1 and D.2. The
applicant has indicated they intend to pay cash-in-lieu of water to satisfy the code. The
CILWR fee determination will occur with the final plat applicant and must be paid prior
to approval of the final plat.
a. The preliminary plat sheet 3 includes a note stating ‘Cash-in-lieu of water rights
have not been provided for all lots. Cash-in-lieu of water rights must be paid for
these lots with the future City site plan development or applicant development
application.’ Please remove this note from the plat as cash-in-lieu of water rights
must be paid by the developer prior to final plat and cannot be deferred to future
property owners.
13. Sec. 38.420.020 – Park area requirements and Sec. 38.420.080 – Park Development.
a. Land dedication meeting the requirements for parkland dedication must be met at
the time of final plat. Land dedicated to meet the requirements of this section
must be provided for public use.
b. A final park master plan and construction drawings are required prior to
requesting a preconstruction meeting and commencing park construction.
c. A preconstruction meeting with the Park Division is required prior to any site
work. Applicants must provide the most recent park plans with revisions red-lined
and request meeting at least 30 days prior to commencement of parkland
construction.
d. The following note must be added the final plat: The property owners’ association
is responsible for snow removal and maintenance of all recreation pathways
within the development, outside of the City park.
e. Easements for trails within open space parcels must include agreement to utilize
citywide wayfinding and allow parks staff to install and/or repair wayfinding.
14. Sec. 38.550.060 – Landscaping and irrigation performance and design standards.
Compliance with the most recent version of the City of Bozeman Landscape and
50
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 16 of 33
Irrigation Performance and Design Standards Manual is required pursuant to this division
and chapter 40, article 2 of this Code. The applicant must demonstrate compliance with
final landscaping drawings per Sec. 38.220.070.
a. "City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual" - 3.1.3. Prior to commencing any work, the applicant must contact the
Water Conservation Division to schedule a pre-installation meeting.
b. "City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual" - 3.2.2 - "Required Elements of the Landscape Design Plan for Final Plat
and Site Plan" - and 3.3.3 - "Required Elements of the Irrigation System Design
Plan for Final Plat or Site Plan". A landscape and irrigation plan(s) following the
requirements of these sections must be submitted and approved by the Water
Conservation Division at final plat or prior to installation (whichever occurs first).
15. Sec. 38.550.070 – Landscaping of Public Lands. The developer must at the time of
initial development install landscaping, boulevard trees and an irrigation system in city
rights-of-way boulevard strips and medians along all collector or arterial streets and all
streets adjacent to parks or open space areas prior to final plat approval. Prior to installing
landscaping in these areas, the developer must submit a landscaping and irrigation plan to
the city for review and approval. The landscape and irrigation plan must be prepared by a
qualified landscaping professional meeting the requirements of this division 38.550.
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was sufficient for
continued review and recommended approval with conditions on May 22, 2025.
Planning Board meeting was held - Monday, July 7, 2025 at 6:00 pm. A summary is located
above in the project summary, and a video of the meeting is available on the City’s website. The
Community Development Board in their capacity as the Planning Board voted 5-0 to recommend
approval of the subdivision application.
The City Commission held a public meeting to consider the application for approval on Tuesday,
July 15, 2025 at 6:00 pm. A video of the meeting is available on the City’s Streaming Video
Archive. No public comment was received. The motion to approved consent items G.1 to G.11
passed unanimously.
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, plans, public comment, and all other materials available during the
review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
51
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 17 of 33
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat was prepared in accordance with the surveying and monumentation
requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered
in the State of Montana. As noted in the code requirements, the final plat must comply with State
statute, Administrative Rules of Montana, and the Bozeman Municipal Code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the Bozeman
Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not
specifically listed as a condition of approval, do not, in any way, create a waiver or other
relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3
and 4 of this report identify conditions and code provisions necessary to meet all municipal
standards. The listed code requirements address necessary documentation and compliance with
standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will
comply with the subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman Planning Board public meeting and City Commission public meetings were
properly noticed in accordance with the Bozeman Municipal Code. Based on the
recommendation of the Development Review Committee (DRC) and other applicable review
agencies, as well as any public testimony received on the matter, the City Commission will make
the final decision on the subdivider’s request. Review of this subdivision was conducted under
the terms of 76-3-616 MCA as authorized in 38.240.100.
The Department of Community Development received a preliminary plat application on January
10, 2025. The DRC reviewed the preliminary plat application and determined the submittal did
not contain the detailed, supporting information that was sufficient to allow for the continued
review of the proposed subdivision.
A revised application was received on March 7, 2025. The DRC determined the application was
still not adequate for continued review.
A revised application was received on April 23, 2025. The DRC determined the application was
adequate for continued review May 22, 2025 and recommended conditions of approval and code
corrections for the staff report.
52
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 18 of 33
The applicant posted public notice on the subject property on May 29, 2025. The applicant sent
public notice to all landowners of record within 200-feet of the subject property via first class
mail, on June 13, 2025. One public comment has been received on this application as of the
writing of this report.
On July 1, 2025, a major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board. A motion to
recommend approval of the subdivision was passed 5-0 on July 7, 2025.
On July 8, 2025, a major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for review by the City Commission. The motion to
approve consent items G.1 to G.11 passed unanimously on July 15, 2025.
4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy (DSSP) and the City of
Bozeman Modifications to Montana Public Works Standard Specifications.
Water/sewer – The subdivision will not significantly burden city's water and sewer
infrastructure with the recommended conditions of approval and code provisions. Document 017
contains the preliminary design report for water systems improvements in the proposed
subdivision, stamped by a professional engineer licensed in the State of Montana. Document
018 contains the preliminary design report for sanitary sewer system improvements in the
proposed subdivision, also stamped by a professional engineer licensed in the State of Montana.
Both reports were reviewed by the Engineering Division for compliance with state and local
Public Works Standard Specifications, the City’s design standards, the City of Bozeman Water
Facility Plan, and the City of Bozeman Fire Service Line Standard and found to meet with code
provisions the City’s review requirements. Per the water design report, “the model’s results show
the existing and proposed main extensions will adequately supply the required domestic demands
for the project during all scenarios.” Additionally, per the sewer design report, “the existing
sanitary sewer mains and proposed extensions will serve the proposed subdivision.” Final plans
and specifications will be prepared and reviewed after action on the preliminary plat. The
proposed design will utilize existing water mains within S 23rd Avenue, Last Loop Drive and
Blackwood Road. A new water main is proposed to extend within the Alley A right-of-way to
serve the lots adjacent to the alley in the northwest corner of the subdivision. Another new water
main will connect to the existing mains within Kurk Drive and Parkway Avenue. Existing
sanitary sewer mains to serve the subdivision are located within S 23rd Avenue, Last Loop Drive
53
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 19 of 33
and Parkway Avenue. New sanitary sewer mains are proposed to extend within Alley A, Alley
B, Last Loop Drive, and S 23rd Avenue to serve the proposed lots adjacent to those roadways.
Through the subdivision review process, the applicant has proposed two alley sections that will
contain either a single public utility or both water and sewer mains. Due to the requirement for a
utility line to be no more than 9 feet from the edge of the easement or less than 10 feet from a
parallel utility line, the alley widths are proposed to be either 20 feet or 30 feet to accommodate
the presence of this utility infrastructure. Code provision 4d requires funding and maintenance of
all alleys that contain public utilities by the property owners’ association. Since the alleys are
functioning as local streets for the purposes of utility conveyance, this code provision also
requires a hold harmless and indemnification agreement and a perpetual legal instrument,
acknowledging that the city will not assume dedication and maintenance of the alleys due to the
presence of the private utilities per BMC 38.400.020.A.2. Code provision 12 requires the
applicant offset estimated water demand prior to final plat approval per subsection D of BMC
38.410.130. Per this section, the application may either transfer water rights into city ownership
that are appurtenant to the land being developed or as acceptable to the city, provide payment of
cash-in-lieu of water rights at a rate established by the most recent City Commission resolution,
or a combination of both. Document 014.03 provides documentation a search of the Montana
Department of Natural Resources and Conservation (DNRC) Water Rights Query System
returned no water rights appurtenant to the subject property proposed for subdivision. The
applicant is proposing to provide cash-in-lieu of water rights to comply with the requirements of
BMC 38.410.130.D. Code provision 12 requires the developer to pay the required cash-in-lieu
of water rights fee with the final plat application.
Easements - The final plat must provide and depict all necessary utilities and required utility
easements. Code provision 10 requires that all easements, existing and proposed, must be
accurately depicted and addressed on the final plat and in the final plat application. Public utilities
will be located within dedicated street rights-of-way and alleys. The applicant must submit for
review and approval all easements, which designate space for public or private utilities that are not
in the designated pubic right of way. Additional required easements include public drainage
easements for any stormwater facilities located on private property, a 10-foot wide public sidewalk
easement along lots 1 through 7 in Block 1, which front onto the greenway corridor open space
per BMC 38.400.090.B.2.c, and 25-feet wide public access easements running east-west and north-
south through the Open Space 3 lot for the mid-block pedestrian connection and the proposed 10-
feet wide asphalt trail corridors. All easements must be provided using the City’s standard
language. Ten-foot front yard utility easements are depicted on the preliminary plat and are
proposed to be granted with the final plat in accordance with standards. Copies of additional
existing easements are required to be provided with the final plat application.
Parks – The applicant proposes to meet Park and Recreation requirements through parkland
dedication. Park and Recreation requirements using a net residential land area of 8.53 acres and
dedication of 5.28 dwelling units per acre, multiplied by 0.03 acres per dwelling unit of land,
54
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 20 of 33
result in an initial requirement of 1.35 acres of land dedication. The developer is proposing 3.45
acres to be dedicated to the City; however, only 1.66 acres of the proposed area qualifies for the
parkland dedication per BMC 38.420.020 and BMC 38.420.080.D. The proposed parkland is
located in the northeast corner of the development, with frontage along Enterprise Boulevard and
Kurk Drive. The proposed parkland will connect to an existing 1.67 acres of parkland within the
Southbridge Subdivision directly east of the subject property. The two parks together will total
approximately 5.12 acres of City parkland between the two developments. An existing
stormwater facility is located within the proposed parkland adjacent to Enterprise Boulevard. As
identified in BMC 38.420.080.D, a stormwater facility may be located within public parkland,
but the areas do not count towards the required dedication and must be maintained by the
property owner’s association. The proposed parkland dedication is described in document 005
Meadow Bridge Park Master Plan. Proposed amenities to be constructed by the developer
include walking trails, benches, various trail connections, natural areas, and dog stations.
The 2023 Parks, Recreation, and Active Transportation Plan (PRAT) identifies a future Shared
Use Path within the development area. The proposed subdivision includes a north-south 10-foot
wide asphalt transportation pathway through the southern Open Space 3 lot, connecting
Blackwood Road and Kurk Drive. The pathway will be located within a 25-foot-wide public
access easement. The southern portion of the path will be located behind Lots 13 through 23 in
Block 3, between the lots and the open space, and then will meander to align and extend along S
23rd Avenue to its connection with Kurk Drive. In order to minimize disturbance to the
watercourse and wetlands, the easement and path are located as close to the lots as possible;
however, portions of the pathway extend into the watercourse buffer. As permitted in BMC
38.410.100.A.2.e.2.a, trails and trail-related improvements may be placed within the Zone 2
watercourse setbacks. Document 014.01 identifies the portions of the trail that will extend into
the Zone 2 setback. A second 10-foot-wide asphalt pathway will extend east-west through Open
Space 3 as a mid-block pedestrian connection. This path will also be located within a 25-foot-
wide public access easement and will encroach into the Zone 1 and Zone 2 watercourse setbacks.
BMC 38.410.100.A.2.e.2.e permits trails to cross the watercourse within all zones, provided that
appropriate local, state, and federal permits are obtained. Within the proposed park dedication
lot in the northeast corner of the subdivision, the developer is proposing a 12-foot-wide asphalt
pathway connecting Kurk Drive with Enterprise Boulevard. This pathway is proposed to be
wider in order to accommodate necessary maintenance access to the proposed City park. No
portions of the northern pathway are proposed to encroach on the watercourse setbacks.
Code provision 13 identifies multiple code provisions related to the proposed parkland and trail
system. Provision 13b requires a final park master plan and construction drawings prior to
requesting a preconstruction meeting. Provision 13c requires a preconstruction meeting with the
Parks Division prior to commencement of parkland construction. These two provisions will help
the applicant to follow the correct construction process with the City. Provision 13d requires a
note on the plat that the property owners’ association is responsible for snow removal and
55
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 21 of 33
maintenance of all recreation pathways within the development, outside of the city park. The
developer will be responsible for maintaining the pathways until 50% of the lots have been sold.
This provision ensures maintenance of pathways within the development does not become a
burden to the Parks Department. Provision 13e requires that easements for trails located within
open space parcels must include the citywide wayfinding signage and allow Parks staff to install
and/or repair wayfinding signs. This provision will help connect the proposed trails to citywide
park infrastructure with consistent signage and directions for users. The proposed park master
plan meets the required parkland dedication and improvement standards with conditions and
code provisions. The Parks Department reviewed the parkland proposal for consistency with the
park master plan for Meadow Bridge Subdivision, adjacent park master plans, and area sub-
plans.
Stormwater – A preliminary stormwater design report was prepared by a professional engineer
with Sanbell and is located under application document 019. Due to the history of the
surrounding developments, the majority of the necessary infrastructure has been installed prior to
this subdivision application. However, the proposed subdivision will construct additional
stormwater control facilities, which will conform to municipal code and design standards. An
existing wet stormwater pond is located within the portion of the property to be dedicated to the
City for required parkland, but will be maintained by the developer and the future property
owners’ association. Four additional stormwater ponds (1 wet and 3 dry) will also be
constructed with the proposed development throughout the Open Space lots. Code provision 6
details the required development or maintenance of common areas and facilities to be maintained
by the property owners’ association and requires the property owners’ association to maintain all
stormwater facilities outside of the public right-of-way, with the incorporation of a maintenance
plan into the association documents prior to final plat approval. This will ensure the proper
maintenance of necessary stormwater infrastructure as the subdivision is developed and
occupied. An associated plat note is provided on preliminary plat sheet 3 to notify future
property owners of the property owners’ association requirements for ongoing maintenance of
these stormwater facilities.
Agricultural water user facility – The applicant provided document 014.03 from a water rights
attorney, which identified no impacted agricultural water users with this preliminary plat
application. One upstream water rights owner was identified, and a notice of the proposed
subdivision was provided per BMC 38.410.060.D.2.a and included as document 014.05. The
proposed subdivision is located within the Middle Creek Ditch Company’s place of use, but it is
unclear if the waterway is considered a lateral ditch or a natural watercourse. To maintain
transparency and caution, the applicant submitted notification of the proposed subdivision to the
Middle Creek Ditch Company in compliance with BMC 38.360.280.B, and provided the required
45-calendar days for submittal of any written comments, which ended on April 11, 2025. No
comments have been received from the Middle Creek Ditch Company at the time of writing this
staff report. Existing culverts are already located below the proposed Kurk Drive and
56
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 22 of 33
Blackwood Road and are not proposed to be modified with the road extensions. An agricultural
water user’s easement must be provided per code provision 11. The easements must be prepared
as documents separate from the final plat but may be referenced on the final plat. The developer's
professional engineer must certify, prior to final plat approval, that the water entering and exiting
the realigned or relocated agricultural water user facility is the same quality and amount of water
that entered or exited the facility prior to realignment or relocation. The code provision is
required to ensure that downstream agricultural water users are not impacted, and appropriate
access for maintenance is provided per state law.
Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this
subject property. The subdivision does not impact the City’s ability to provide emergency
services to the subject property. The necessary addresses will be provided to enable 911 response
to individual parcels prior to recording of the final plat. Fire protection standards require
installation of fire hydrants at designated spacing to ensure adequate protection.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements. Code
requirement 10 requires that all easements, existing and proposed, must be accurately depicted
and addressed on the final plat and in the final plat application. Public utilities are generally
located within dedicated street and alley rights-of-way. Easements for future roadways and parks
are required prior to final plat approval.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision. All of
the proposed lots will have frontage on public streets, or frontage on an improved alley and a
greenway corridor or trail corridor with public access, as allowed in BMC 38.400.090. The
proposed preliminary plat sheet 2 depicts the 10-foot wide public sidewalk easement between
Lots 1-7 of Block 1 and Open Space 1 to comply with the greenway corridor requirement.
Documentation of compliance with adopted standards 38.220.060
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on August 9, 2024 and no variances were requested. No waivers were granted during pre-
application review.
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
An unnamed tributary/intermittent stream/irrigation ditch crosses north-south through the subject
property, beginning near Blackwood Road and ending at Parkway Avenue along the northern
property line, as classified by the Gallatin County Conservation District due to the presence of
57
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 23 of 33
flowing water year-round. A wetland delineation report is located in the application documents
under document 013. Extensions to Kurk Drive and Blackwood Road will extend across the
watercourse and wetland; however, culverts already exist and are not proposed to be modified
with the road extensions. Additionally, a 25-foot-wide public access easement will extend across
the watercourse and wetland area near the middle of the property to provide a mid-block
pedestrian crossing, mitigating overall block length requirements. The proposed subdivision is
located within the Middle Creek Ditch Company’s place of use, but it is unclear if the waterway
is considered a lateral ditch or a natural watercourse. In an effort to maintain transparency and
caution, the applicant submitted notification of the proposed subdivision to the Middle Creek
Ditch Company in compliance with BMC 38.360.280.B, and provided the required 45-calendar
days for submittal of any written comments, which ended on April 11, 2025. No comments have
been received from the Middle Creek Ditch Company at the time of writing this staff report.
A wetland delineation report dated June 11, 2024 was provided by Morrison-Maierle and
reviewed by the city’s wetland consultant TerraQuatic. Per the wetland delineation, the subject
property contains 2,519 linear feet of unnamed tributary, 1.63 acres of freshwater emergent
wetlands and 0.92 acres of freshwater emergent scrub-scrub wetlands. The waterway and
wetlands are located in the middle of the subject property running north-south.
TerraQuatic provided a list of corrections for their aquatic resources analysis of the wetland and
watercourse information presented in a letter provided to the applicant dated April 11, 2025. The
main correction requested specific quantities of watercourse setback plantings meeting the
requirements of BMC 38.410.100.A.2.f.1. The applicant provided the required information on
April 23, 2025, with an updated version of drawing 022 Overall Site Plan. Because final impacts
to the waterway and associated wetlands area are subject to final infrastructure review design,
which will occur following the preliminary plat review, the applicant cannot provide exact
impacts with this application. The wetland impacts are under the purview of the U.S. Army
Corps of Engineers. The applicant has stated that a “Joint Application for Proposed Work in
Montana’s Streams, Wetlands, Floodplains, and other Water Bodies” is currently being prepared
to mitigate any relevant wetland concerns but has not been finalized or submitted. Code
provision 2 requires the applicant obtain required permits from the Gallatin County Conservation
District, Montana Department of Environmental Quality, and the U.S. Army Corps of Engineers
regarding the proposed project. These permits must be applied during infrastructure review and
provided prior to construction and final plat approval.
Water course plantings as trees, shrubs, and native grass seed will be provided for restoration and
meet BMC 38.410.100.
38.220.060.A.2 - Floodplains
The subject property is not located within the 100-year floodplain. The property is depicted on
the Flood Insurance Rate Map (FIRM) panel 30031C0814D with an effective date of September
1, 2011, and a Letter of Map Revision (LOMR) 15-08-1248P with an effective date of October
58
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 24 of 33
30, 2015. Additionally, the City of Bozeman floodplain administrator reviewed the Meadow
Bridge Subdivision – Floodplain Memorandum dated March 6, 2025 provided by document
014.07 and found it to be compliant with the requirements of BMC 38.600. Pursuant to BMC
38.600.150.D, the floodplain administrator approved the Meadow Bridge Subdivision Floodplain
Memorandum.
38.220.060.A.3 - Groundwater
A groundwater investigation was completed from January 31, 2024 to September 4, 2024 and
provided in the Preliminary Stormwater Design Report by Morrison Maierle and was stamped
and signed by a professional engineer. This is located in application document 019. The
submitted groundwater monitoring found that groundwater was located less than ½ a foot (0.371
feet) below the surface at MW-2, located in the northwest portion of the site, and approximately
3.21 feet below the surface at MW-6. The remaining sites averaged between 5 feet and 6 feet
below the ground surface. The stormwater design report states that since the bottom of the
proposed stormwater ponds are within 2 feet of seasonally high groundwater elevations, the pond
will be designed as a wet pond in compliance with City standards. This report was evaluated by
the Engineering Division against code requirements in Chapter 38 and engineering design
manuals and was found to meet standards. As a condition of approval, the developer must add a
note on the final plat stating no crawl spaces will be permitted with future development of the
site unless a professional engineer registered in the State of Montana certifies that the lower
point of any proposed structure is located above the seasonal high groundwater level and
provides supporting groundwater data prior to the release of a building permit. Additionally,
sump pumps are not allowed to be connected to the sanitary sewer system or the drainage system
and may not be discharged onto streets where they may create a safety hazard for pedestrians and
vehicles.
38.220.060.A.4 - Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils, or slopes. No significant
geological features or slopes exist on the site. A geotechnical investigation report was provided
by Rawhide Engineering Inc. and has been stamped and signed by a professional engineer
registered in the State of Montana and reviewed by the Engineering Division for compliance
with City standards.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities
identified on site. The existing watercourse and associated wetlands will be preserved in the
proposed open space lots and dedicated parkland. The applicant is requesting one departure from
the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual under
BMC 38.550.060. The departure narrative is located in document 026. Specifically, the
applicant requests the established vegetation preservation departure to preserve trees on site to
meet the tree planting requirements of the landscape design manual. Utilizing the departure
allows the development to reduce the area required for new landscaping and allows for a more
59
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 25 of 33
water-efficient landscape design in the open spaces, preserving their natural state. This is in
keeping with the City’s water conservation goals and the character of the surrounding
neighborhood. Departure criteria is located within the Landscape and Irrigation Performance
and Design Standards Manual. The City’s Water Conservation Division has reviewed and
approved the requested departure.
38.220.060.A.6 - Wildlife
This subdivision will not significantly impact wildlife. There are no known critical habitats on
the property, or observed or mapped threatened or endangered species. The property is bound by
existing city streets and residential developments to the north, east, and west. Agricultural uses
and undeveloped land are adjacent to the proposed development to the south. The aquatic
resources on the property include the existing watercourse and associated wetlands, which have
been identified and included in the wetland delineation report found in document 013. Impacts
to this area have been discussed above under Surface Water. The applicant provided an
Environmental Assessment in document 006 and contacted the State of Montana Fish, Wildlife
and Parks (FWP) for comments on the proposed project. The FWP recommended a minimum of
100 feet of vegetated buffer plus 30 additional feet for a building setback, for a total of at least
130 feet from the wetlands. Additionally, FWP recommended promoting and maintaining an
intact riparian zone along the stream within the development to help protect bank integrity as
well as downstream habitats. These recommendations from FWP conflict with the requirements
found in the City’s development regulations. The applicant is proposing a minimum 50-foot
buffer from the edge of the wetlands, as required by BMC 38.410.100, to ensure no lots are
within the area. The applicant is also required to plant watercourse plantings near the stream to
ensure the banks are maintained. Any impacts to the watercourse and wetland will be mitigated
with the required 310 and 404 permits.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. The site was originally a remainder parcel which
resulted from two previous subdivisions, Meadow Creek Subdivision to the west and South
Bridge Subdivision to the east. Although undeveloped, no agricultural uses have occurred on the
property in many years, and no agricultural activities are proposed as the subdivision is
developed. The subject property is designated as Urban Neighborhood according to the 2020
Bozeman Community Plan and is zoned R-3 Residential Medium Density District. The subject
property is adjacent to an unannexed agricultural development to the south. The adjacent
agricultural uses require the applicant to include a section in future property owners’ association
documents addressing agricultural uses of neighboring properties in the following form: "Lot
owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot
owners accept and are aware that standard agricultural and farming practices can result in dust,
animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices
feature the use of heavy equipment, chemical sprays and the use of machinery early in the
morning and sometimes late into the evening."
60
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 26 of 33
38.220.060.A.8 - Agricultural Water User Facilities
See discussion above under primary review criteria.
38.220.060.A.9 - Water and Sewer
The subdivision will not significantly impact city water and sewer infrastructure. Water and
sewer improvements will be designed to meet City of Bozeman Standards and State Department
of Environmental Quality Standards and Regulations. Also see discussion above under primary
review criteria.
38.220.060.A.10 - Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. See discussion above
under primary review criteria.
38.220.060.A.11 - Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the proposed development and nearby areas by improving
adjacent collector and local streets, enhancing multi-modal transportation, and providing local
street access to proposed developable lots.
One collector and two local streets are proposed to be completed within the subdivision. The
extension of Blackwood Road along the southern property line running east-west, the extension
of Kurk Drive near the middle of the subdivision running east-west, and Last Loop Drive
extending north-south through the subdivision. Blackwood Road along the southern boundary is
considered a collector street and is proposed as a modified or custom street section to
accommodate adjacent unannexed property and will be constructed within a 45-foot-wide right-
of-way. This design process was reviewed under the authority of the Director of Transportation
and Engineering per BMC 38.200.010.F for modifications to the City’s street improvement
standards in BMC 38.400.010. The extensions of Kurk Drive and Last Loop Drive will be
constructed to local street standards within the required 60-foot-wide rights-of-way. Two alleys
are also proposed within the subdivision. Alley A is located within Block 1 in the northwest
corner of the subdivision, providing access to lots fronting on the proposed green space per BMC
38.400.090.B.2.c. Alley B is located within Block 3 in the southwest corner of the subdivision,
providing additional access to lots along Blackwood Road and Last Loop Drive. Alley A will be
constructed within a 30-foot-wide right-of-way and Alley B will be constructed within a 20-foot-
wide right-of-way. Both alleys will be maintained by the subdivision Property Owners’
Association.
A Traffic Impact Study (TIS) dated February 2025, stamped and signed by a professional
engineer, was provided in document 012 and evaluated by the reviewing engineer for compliance
with adopted design standards and code requirements.
38.220.060.A.12 – Non-Municipal Utilities
61
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 27 of 33
The applicant has received confirmation of future service connections from Northwestern
Energy, Blackfoot Communications, Charter, CenturyLink, and Yellowstone Fiber for the
proposed subdivision. These responses are provided under application document 027.
38.220.060.A.13 - Land Use
The application has provided future land use data consistent with the R-3 zoning district.
Proposed land uses for the subdivision are primarily residential in the form of single detached
households on individual lots; however, several larger lots are proposed, which could
accommodate multiple dwellings. Exhibit 6 below shows proposed uses over the entire
subdivision. Development of lots within the subdivision will be subject to Bozeman Municipal
Code (BMC) provisions at the time of development for R-3 Zoning. The proposed subdivision
complies with the minimum density of 5 dwellings per net acre for the R-3 Zoning per BMC
38.320.030.C. The net residential density is calculated as the number of residential units per
buildable land, excluding any land to be used as street rights-of-way or parks. The proposed
subdivision contains a total of 25.32 acres and will be divided into 8.53 acres of residential lots,
3.23 acres of street rights-of-way, 3.45 acres of parkland, and 10.11 acres of open space. The
subdivision is proposing 45 dwelling units on the 8.53 net acres and will therefore have a
minimum residential density of 5.28 dwelling units per acre. The proposed subdivision is
compliant with the minimum required density of the R-3 Zoning.
38.220.060.A.14 - Parks and Recreation Facilities
The proposed subdivision will provide 3.45 acres of new dedicated City parkland. The proposal
meets the required park dedication and improvement standards with conditions and code
provisions. The Parks Department reviewed the parkland proposal. See the previous discussion
under Parks in the primary review criteria.
38.220.060.A.15 - Neighborhood Center Plan
To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size
or greater must have a neighborhood center. The proposed subdivision is 8.53 net acres and,
therefore, is exempt from the requirement of a neighborhood center.
38.220.060.A.16 - Lighting Plan
Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed
must use LED light heads and must conform to the City’s requirement for cut-off shields as
required by the City’s specifications. A Special Improvement Lighting District (SILD) must be
created prior to final plat application. Code provision 8 is related to this issue.
38.220.060.A.17 - Miscellaneous
The proposed subdivision is not located within 200 feet of any public land access or within a
delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be
created with this development.
62
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 28 of 33
38.220.060.A.19 - Affordable Housing
This application does not rely on incentives authorized in 38.380. Therefore, no analysis is
required.
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to
evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to
determine whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public meeting on July 15, 2025 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, and summarized the public comment submitted to the City prior to the public
meeting in the provided staff report.
D. The City Commission requested public comment at the public meeting on July 15, 2025
and no public comment was received.
E. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section
Chapter 38, BMC, and considering all matters of record presented with the application
and during the public comment period defined by Chapter 38, BMC, the City
Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before her regarding this
application, the City Commission makes the following decision.
F. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 4 of this report. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justify the
conditions imposed on this development to ensure that the final site plan and subsequent
construction complies with all applicable regulations, and all applicable criteria of
Chapter 38, BMC.
63
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 29 of 33
G. This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by
the City Commission, by following the procedures of Section 76-3-616, MCA. The
preliminary approval of this single-phased major subdivision shall be effective for three
(3) years from the date of the signed Findings of Fact and Order approval. At the end of
this period the City may, at the request of the subdivider, grant an extension to its
approval by the Community Development Director for a period of mutually agreed upon
time.
DATED this ________ day of _____________________, 2025
BOZEMAN CITY COMMISSION
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
64
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 30 of 33
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-3, Residential Medium Density District. The intent of the R-3
residential medium density district is to provide for the development of one- to five-household
residential structures near service facilities within the city. This purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and mixing
housing types in newly developed areas.
2. Providing for a variety of housing types, including single household dwellings, two to
four household dwellings, and townhouses to serve the varied needs of households of
different size, age and character, while reducing the adverse effect of non-residential
uses.
Use of this zone is appropriate for areas with good access to parks, community services and/or
transit.
The proposed subdivision is appropriate for this zone because of the proposed pedestrian
amenities, enhancement of the natural environment within parks and open spaces, and the
development of primarily residential single detached households on individual lots with several
larger lots which could accommodate multiple dwellings.
Adopted Growth Policy Designation:
Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use
map designations and implementing zoning districts. (See below for the Table)
65
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 31 of 33
The subject property is designated as Urban Neighborhood. This category primarily includes
urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single
type of housing are discouraged. In limited instances, an area may develop at a lower gross
density due to site constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations, churches, schools,
and some neighborhood-serving commerce provide activity centers for community gathering and
services. The Urban Neighborhood designation indicates that development is expected to occur
within municipal boundaries. This may require annexation prior to development. Applying a
66
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 32 of 33
zoning district to specific parcels sets the required and allowed density. Higher density
residential areas are encouraged to be, but are not required or restricted to, proximity to
commercial mixed-use areas to facilitate the provision of services and employment opportunities
without requiring the use of a car.
This proposed subdivision is well suited to implement the Urban Neighborhood designation by
providing residential development in the form of single detached households on individual lots
with several larger lots which could accommodate multiple dwellings along a collector and
multiple local streets. The proposed subdivision also plans pedestrian amenities across the park,
trail, and open space system, allowing access to the surrounding streets with existing pedestrian
networks. Density and individual uses will be evaluated at the time of development against the
R-3 zoning requirements.
The proposed subdivision meets the following Bozeman Community Plan 2020 goals:
N-1 Support well-planned, walkable neighborhoods.
N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities
that can be sustained over time. Maintain standards for placement of community focal points and
services with new development.
N-1.9 Ensure multimodal connections between adjacent developments.
N-1.10 Increase connectivity between parks and neighborhoods through continued trail and
sidewalk development. Prioritize closing gaps within the network.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the applicant, Intrinsik Architecture, 106 E. Babcock Suite IA,
Bozeman, MT 59715, representing owner Meadow Bridge LLC, 242 S 64th Street W, Billings,
MT 59106.
APPENDIX C – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
meeting per BMC 38.220.420. The City scheduled a public notice for this application on June
16, 2025. The applicant posted a public notice on the subject property on May 29, 2025. The
City sent a public notice to physically adjacent landowners of record within 200 feet of the
subject property via first-class mail on June 13, 2025. The City has received three written public
comments on the application as of the writing of this report. One submitted comment identified
concerns with safety and traffic with the proposed connection of Blackwood Road between the
two existing subdivisions. Another submitted comment identified concerns with another
subdivision proposal in the southern area of the City, including concerns regarding water and
traffic, and the overall population of Bozeman plus the high number of vacancies in certain
areas. The final submitted comment identified a concern with overall development in the City.
67
25017 Findings of Fact and Order for Meadow Bridge Subdivision Page 33 of 33
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Meadow Bridge LLC, c/o Derek Williams, 242 S 64th Street W, Billings, MT
59106
Applicant: Intrinsik Architecture, 106 E. Babcock Suite IA, Bozeman, MT 59715
Representative: Intrinsik Architecture, 106 E. Babcock Suite IA, Bozeman, MT 59715
Report By: Bailey Minnich, Development Review Planner
FISCAL EFFECTS
Fiscal impacts are undetermined at this time, but will include increased property tax revenues
from new development, along with increased costs to deliver municipal services to the property.
Impact fees will be collected at the time of building permit issuance for individual buildings
along with City sewer and water connection fees.
ATTACHMENTS
The full application and file of record can be viewed digitally at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-information-
portal, select the “Project Documents Folder” link and navigate to application 25017.
Project documents are available at this direct link to the public Laserfiche archive for application
25017.
The following documents and drawings are available in the online public archive:
• Meadow Bridge Subdivision Preliminary Plat sheet 2 (other individual sheets located in
the drawings folder linked above)
• Overall landscaping plan
• Plat Narrative
• Land use
• Park master plan
• Overall subdivision green plan
68
Memorandum
REPORT TO:City Commission
FROM:Takami Clark, Communications & Engagement Manager
SUBJECT:Ratify the Signature of the City Manager for a Professional Services
Agreement with Strategies 360 for Ballot Education Communications
Services
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Ratify the signature
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:
Voter education is key in encouraging turnout during local elections. Without
an educated public, voters may decide on important issues without a full
understanding of the impacts. The city aims to use communications experts to
educate on the WARD ballot initiative and encourage citizens to vote.
The City is prohibited by state law from using public resources to advocate for
or against ballot issues or voted tax increases. However, the City does have a
responsibility to educate the public on the impacts of ballot issues passing or
failing. The City’s educational efforts will include facts about the WARD ballot
initiative and the impact of passage or failure on City operations.
Included in the attachments are the winning proposal from our Ballot
Education RFP, an adjusted scope of work per suggested changes from the
team, and a signed contract. City Manager Chuck Winn signed this contract on
Friday, July 25 to ensure the project could proceed quickly ahead of summer
tabling events.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:$50,000 to be paid out of either the general fund or water fund.
Attachments:
PSA - Ballot Education.pdf
69
RFP Response - Consulting and Graphic Design Services for
Ballot Education - Strategies 360.pdf
Bozeman Ballot Education (Updated Budget).pdf
Report compiled on: July 28, 2025
70
Professional Services Agreement for Ballot Education Communications Services Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 24th day of July, 2025 (“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, __________________________, 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, 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
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.
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
Strategies 360
71363
Professional Services Agreement for Ballot Education Communications Services Page 2 of 11
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
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
72364
Professional Services Agreement for Ballot Education Communications Services Page 3 of 11
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
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]
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
73365
Professional Services Agreement for Ballot Education Communications Services 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:
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
74366
Professional Services Agreement for Ballot Education Communications Services 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
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
75367
Professional Services Agreement for Ballot Education Communications Services Page 6 of 11
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 Takami Clark, Communications & Engagement Manager, 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 _____________________ 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
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
Matt Davidson
76368
Professional Services Agreement for Ballot Education Communications Services Page 7 of 11
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 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
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
77369
Professional Services Agreement for Ballot Education Communications Services Page 8 of 11
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
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.
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
78370
Professional Services Agreement for Ballot Education Communications Services Page 9 of 11
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:
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
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
79371
Professional Services Agreement for Ballot Education Communications Services Page 10 of 11
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
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 December 2026.
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
80372
Professional Services Agreement for Ballot Education Communications 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 ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chuck Winn, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Anna Saverud, Chief Civil Attorney
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
Strategies 360
CEO
Ron Dotzauer
81373
Scope of Project: Budget Allocation
Media Planning & Buying ($20,000)
●Digital advertising campaigns (Meta & Google)
●Traditional media placement (radio, newspaper if possible)
●Programmatic display advertising
●Analytics and performance tracking across all channels
Community Engagement & Accessibility ($5,000)
●Community partnership development
●Staff and partner training materials
●Public meeting support
●Accessibility compliance and language services
●Enhanced multilingual content development
Budget Allocation - $50,000
Strategic Planning & Consultation ($15,000)
●Strategic communications plan development
●Stakeholder consultation and coordination
●Message development and refinement
●Project management and oversight
●Legal compliance review and documentation
Creative Development & Production ($10,000)
●Brand identity and logo design
●Print material design
●Creative for social media campaigns
●Digital asset creation and optimization
●Website content development
●Additional creative assets for direct mail campaign
Note: We will be flexible with budget and may reallocate as needed
Exhibit ADocusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
82374
From:Matt Davidson
To:Bozeman Procurement
Subject:[EXTERNAL]RFP Response - Consulting and Graphic Design Services for Ballot Education - Strategies 360 - July
15, 2025 5pm MST
Date:Monday, July 14, 2025 2:30:40 PM
Attachments:Strategies360_Bozeman_Ballot_Education_Proposal_July2025.pdf
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.
Dear City Clerk Mike Maas and RFP Review Committee,
Please find attached Strategies 360's proposal in response to the City of Bozeman's Request
for Proposals for Consulting and Graphic Design Services for Ballot Education.
Proposal Summary:
Submitting Firm: Strategies 360, Inc.Primary Contact: Matt Davidson, Senior Vice President, Digital Media GroupPhone: (206) 282-1990Email: mattd@strategies360.comProposed Investment: $42,000 (16% under allocated budget)
Our comprehensive proposal includes all required components as outlined in the RFP:
Executive Summary and Firm ProfileComplete scope of services addressing all nine requirements
Relevant Montana experience and case studiesProposed schedule and team structure
Competitive pricing and budget allocationClient references and work samples
Completed Affirmation of Nondiscrimination (Appendix A)
Strategies 360 brings proven Montana experience, including our successful 2018 Six-Mill
Levy campaign and ongoing partnership with Montana Department of Transportation, alongwith our local Montana team led by Melissa Shannon. We understand the critical importance
of maintaining strict neutrality while effectively educating Bozeman voters about ballotinitiatives and would be honored to help support this campaign.
We are confident in our ability to deliver exceptional ballot education services that complywith Montana election law while building community trust and engagement. And our team
stands ready to begin work immediately upon contract award. If there’s anything else I canprovide during your proposal evaluation period, please don’t hesitate to let me know.
Regards,
Matt D.
83
MATT DAVIDSON
Senior VP, Digital Marketing
C 818.599.7327 O 206.282.1990
2200 6TH AVENUE
SUITE 780
SEATTLE, WA 98121
STRATEGIES360.COM
84
Bozeman Ballot
Education
RFP RESPONSE
PROPOSED BY STRATEGIES 360, INC.
REPRESENTATIVE: MATT DAVIDSON
PHONE: 206-282-1990
EMAIL: MATTD@STRATEGIES360.COM
85
Table of Contents
PROPOSAL
Agency Overview............................................................……..Pages 1 - 7
Project Plan...……….....................................................…..…..Pages 8 - 16
Price Proposal…………..………………...........……...………Page 17
Conclusion…………………………….………..……..………Page 18
WORK SAMPLES……….………...……………..…..………Pages 19 - 24
REFERENCES……….………...……..………………………Page 25
AFFIRMATION OF NON-DISCRIMINATION……….…….Page 26 86
Bozeman Ballot
Education
CONSULTING & GRAPHIC DESIGN PROPOSAL
PROPOSED BY STRATEGIES 360, INC.
REPRESENTATIVE: MATT DAVIDSON
PHONE: 206-282-1990
EMAIL: MATTD@STRATEGIES360.COM
87
Section 1 Agency Overview
88
Executive Summary
01
Dear members of the review committee,
Strategies 360 is uniquely positioned to deliver exceptional ballot education services to the City of Bozeman. Our deep expertise in civic
engagement campaigns, proven track record in election-related communications, and comprehensive creative capabilities make us the ideal
partner for this critical democratic education initiative.
Our Core Strengths:
●Civic Education Expertise: 20+ years of election campaign experience and proven success in voter education initiatives
●Strategic Communications: Demonstrated ability to create unified, accessible messaging across diverse platforms
●Creative Excellence: Full-service creative team specializing in educational content and brand development
●Community Engagement: Proven expertise reaching diverse populations and building community trust
●Regulatory Compliance: Deep understanding of election laws and public resource limitations
We understand the delicate balance required for ballot education providing factual, educational information while maintaining strict
neutrality. Our approach will educate Bozeman voters about ballot initiatives and their impacts without advocating for any position,
ensuring full compliance with Montana state law.
Best regards,
Matt Davidson
Senior Vice President, Digital Media Group
01
89
Agency Overview
02
About Strategies 360
Strategies 360's model was inspired by Ron Dotzauer's more than 40-year career in
politics, which started in 1974, when he became the youngest elected county official in
the state of Washington. Since that time, Ron has managed successful campaigns for a
governor, two U.S. Senators, and numerous election-related initiatives, and currently
operates a public affairs firm with deep expertise in the electoral landscape.
Strategies 360 is a full-service communications and marketing agency with deep
expertise in civic engagement campaigns, government communications, and public
trust-building initiatives. Our team of 125+ communications professionals has
successfully managed 350+ annual campaigns, including numerous civic education,
election-related messaging, and democratic participation projects throughout the Western
United States.
Our team is uniquely positioned to help you navigate this critical moment in democracy.
With deep expertise in creative services, strategic communications, digital storytelling,
and stakeholder engagement, we know how to turn ambitious civic goals into tangible
community impact. We have extensive experience developing campaigns that have
delivered measurable increases in public trust, civic participation, and community
engagement with government services across Montana state. And we are ready to bring
that expertise to the Bozeman Ballot Education campaign.
+Civic education and public awareness campaigns
+Election-related voter education communications
+Government partnership and public affairs
+Messaging and brand development
+Multi-jurisdictional campaign coordination
+Community trust-building initiatives
+Multilingual content development & cultural competency
+Crisis communication for rapid misinformation response
+Research and evaluation (polling & focus groups)
+Video & audio production for public education
+Web creative/development for civic engagement platforms
Specialized Civic
Engagement Capabilities
90
Agency Overview
03
In-House Capabilities
At Strategies 360, we pride ourselves on our collaborative approach, where each team member brings their
unique strengths and expertise to the table. We have redefined best practices across multiple disciplines and
blended them to offer a seamless, tailored approach specifically designed for civic engagement and public
education campaigns:
●Election Communications: 40+ years of political and election campaign experience through
founding leadership
●Montana Presence & Experience: Deep local knowledge and community connections that will be
invaluable for the Bozeman ballot education campaign.
●Creative Services: Our team has over 100 collective years of design and strategy experience, with
particular expertise in message driven storytelling and educational content
●Strategic Communications: We craft compelling messaging that resonates with diverse audiences
and builds trust in democratic institutions
●Media Buying: We managed over $8 million in ad spend last year alone, with proven expertise in
reaching diverse and underserved communities
●Web Development: We have 17 developers pushing out nearly 100 websites every year, including
public education portals and civic engagement platforms
●Social Media Management: We have managed over 400 social media accounts to date, with
experience in government and civic organization communications
●Community Partnership Support: We've worked on a number of similar projects to help secure
favorable outcomes, increased civic participation, and community trust in government services
+ Advertising
+ Brand strategy
+ Communications
+ Design & content development
+ Paid marketing (digital & traditional)
+ Paid media strategy & management
+ Public affairs & government relations
+ Research (polling & focus groups)
+ Multilingual Translation
+ Video & audio production
+ Web creative & development
Best In Class
91
Project Management Structure
04
Account Manager (Click on individual’s name to read respective resume):
●Significant experience across the Montana political landscape
●Familiar with the electorate and issues driving voter engagement
●Working knowledge of the Montana state legislature
●University of Montana graduate with political science degree
Melissa Shannon
Strategic Advisor, Montana
Serving as the assigned account manager for this work, Melissa serves as a Strategic Advisor for S360 in Montana.
She has a strong track record of accomplishments in public affairs and a deep knowledge of Montana politics, policy makers and issues. Most
recently, Melissa was the director of government affairs for Cablevision and Charter Communications, overseeing legislation and policy in
Montana, Colorado and Wyoming. In that role, Melissa developed strategic plans to advance legislative and regulatory policies, including
fostering bipartisan relationships with policy makers and building coalitions with peer companies and organizations.
Melissa also worked for several senior members of Congress, providing counsel on telecommunications, education, labor, science, small
business, veterans, and agriculture. In addition, Melissa worked for the Montana State Legislature and the Montana Office of Public Instruction.
Melissa is a graduate of the University of Montana in political science.
Melissa Shannon
STRATEGIC ADVISOR, MONTANA 92
Kipepeo - Pep is responsible for leading and integrating all S360 creative services including brand, design, advertising and digital marketing.
Matt - As the the head of digital media, Matt can help advise on all digital media placements and has a team available to execute digital buys.
Alyson - As VP of communications, Alyson will help with strategic communications, earned media, and social media.
Mary - As the director of resources, Mary will be work to ensure that the proper creative resources are assigned to this project as needed.
Sunshine - As the group creative director, Sunshine will develop creative strategy and ensuring goals are met across all media channels.
Levana - As our web project manager, Levana will work to ensure that the proper web development resources are assigned as needed.
Matt Davidson
SENIOR VP, DIGITAL MEDIA GROUP
Team Overview (Click on any individual’s name to read their respective resume)
05
Sunshine Stevens
VP, GROUP CREATIVE DIRECTOR
Mary Menke
DIRECTOR OF RESOURCES
Levana Tirtaguna
WEB PROJECT MANAGER
Kipepeo Brown
CHIEF CREATIVE OFFICER
Alyson March-Young
VP OF COMMUNICATIONS
93
Present & Project Workloads
06
Strategies 360 maintains a robust team of 125+ professionals across multiple disciplines, ensuring adequate capacity for the Bozeman ballot
education campaign. Our project management process allows for dedicated team assignment while maintaining support from specialized
departments as needed.
Dedicated Team Members:
●Account Manager: 25% time allocation
●Creative Director: 20% time allocation
●Digital Strategist: 30% time allocation
●Community Engagement Specialist: 15% time allocation
●Supporting Team: 10% time allocation
Supporting Team Access:
●Design team for creative production
●Digital media specialists for online campaigns
●Research team for evaluation and optimization
●Administrative support for project coordination
Our current workload projections show full availability for this project timeline, with no competing priorities that would compromise our
commitment to Bozeman's ballot education initiative.
Recent & Current Work for the City of Bozeman:
This proposal represents our first opportunity to work directly with the City
of Bozeman. However, our established Montana presence, combined with
our extensive Montana experience including our work with MDOT, the
successful 2018 Six-Mill Levy campaign and a vaccine adoption campaign,
demonstrates our deep understanding of Montana's local landscape and
residential education needs.
Our local Montana team member ensures responsive support and provides
valuable insights into community dynamics and effective communication
strategies for Montana voters.
We are excited about the possibility of beginning a long-term partnership
with Bozeman and contributing to the city's democratic engagement efforts.
94
Relevant Campaign Experience
07
Our Elections and Civic Engagement Expertise
Strategies 360 has built a distinguished track record in civic engagement campaigns, public education initiatives, and community-based outreach
throughout Montana and beyond. Our experience spans multiple sectors and audiences, consistently delivering measurable results that translate
into increased civic participation, enhanced public trust, and improved community engagement with government services.
Key areas of expertise directly relevant to the Bozeman Ballot Education campaign include:
●Civic Education Campaigns: Experience managing campaigns to educate the public about democratic processes and government services
●Rural Community Coordination: Proven expertise managing complex campaigns across diverse cities and counties
●Community Trust Building: Successfully developed campaigns that enhance public confidence in government institutions and processes
●Diverse Audience Outreach: Demonstrated success reaching rural, marginalized, and underrepresented communities
●Messaging and Storytelling: Expertise in developing messaging that resonates with audiences and supports public education campaigns
Quantified Impact: Over the years, our civic engagement and public education campaigns have:
●Reached the majority of residents across Montana with our MDOT campaigns
●Generated over $3 million in earned media value for public education campaigns
●Achieved measurable behavior change and increased trust through our targeted campaigns
●Successfully coordinated campaigns across multiple jurisdictions
●Demonstrated expertise in translating complex government processes into accessible public messaging
Our approach consistently delivers results because we understand that effective civic education requires more than awareness, it demands
strategic community engagement, compelling storytelling, and sustained stakeholder support. Our work samples further serves to demonstrate
how our experience and capabilities directly apply to expanding the Bozeman Ballot Education campaign.
95
Section 2 Project Plan
96
Scope of Project: Communications Plan
08
Our comprehensive approach addresses all nine scope areas outlined in the RFP:
Overview: We will develop a multi-phase strategic communications plan designed to maximize voter education efficiency while maintaining
strict neutrality.
Key Components:
●Pre-Launch Phase: Stakeholder alignment, message development, and material preparation
●Education Phase: Sustained information distribution across multiple channels
●Peak Engagement: Intensified education efforts in the weeks leading to election
●Post-Election: Evaluation and documentation for future initiatives
Information Flow Strategy:
●Primary messaging through city-controlled channels (website, social media, newsletters)
●Secondary distribution through community partnerships and earned media
●Targeted outreach to historically underrepresented voting populations
●Accessible formats ensuring ADA compliance and multilingual accessibility
97
Scope of Project: Logo and Branding
09
Brand Identity Strategy: We will create a distinctive, memorable brand identity that clearly communicates "ballot education" while being
separate from regular city communications. This strategic separation ensures voters understand this is educational content rather than typical
city services information, while maintaining trust through professional design standards.
Visual Identity Development Process:
1.Discovery Phase: Analyze Bozeman's existing brand guidelines, community character, and voter demographics
2.Concept Development: Create 2 - 3 initial logo concepts with accompanying style guides
3.Stakeholder Review: Present concepts to city leadership for feedback and refinement
4.Legal Compliance Review: Ensure all designs meet Montana election law requirements for neutrality
5.Finalization: Deliver complete brand package with usage guidelines and templates
Key Design Elements:
●Clean, Professional Aesthetic: Modern typography and layout reflecting Bozeman's progressive yet traditional character
●Neutral Color Palette: Earth tones and blues avoiding red/partisan associations while connecting to Montana's natural landscape
●Scalable Design System: Modular components that work seamlessly from business cards to billboards
●City Brand Integration: Subtle incorporation of existing city visual elements while maintaining distinct ballot education identity
●Montana-Specific Touches: Visual references to Big Sky country, mountains, or agricultural heritage that resonate with local voters
●Accessibility Compliance: High contrast ratios and readable fonts meeting ADA requirements
Long-term Brand Sustainability: We will provide comprehensive brand guidelines documentation ensuring the ballot education brand can be
maintained and applied consistently for future elections and civic engagement initiatives after this campaign concludes.98
Scope of Project: Messaging
10
Unified Messaging Framework: We will develop a comprehensive messaging system ensuring consistency across all platforms and venues.
Key Message Development:
●Core educational messages about ballot items and their impacts
●Factual talking points for city staff and community partners
●FAQ responses addressing common voter questions
●Template responses for social media and public inquiries
●Neutral language framework complying with Montana election law
Staff Collaboration Process:
●Initial messaging workshop with city leadership
●Iterative refinement based on staff feedback
●Final approval process ensuring legal compliance
●Documentation for consistent message delivery
99
Scope of Project: Materials, Production & Creative
11
Design Process: Our proven creative development process includes:
1.Discovery and brand development
2.Concept creation and stakeholder review
3.Design refinement and approval
4.Production and quality control
5.Distribution and implementation support
Production Capabilities: We have comprehensive in-house capabilities including:
●Graphic design and layout
●Video production and editing
●Web development and digital asset creation
●Print production management
●Multi-language adaptation services
Sample Deliverables:
●Voter information mailers and rack cards
●Digital graphics for social media and website
●Educational video content
●PowerPoint presentation templates
●Infographics explaining ballot measures and voting process 100
Scope of Project: Accessible & Inclusive Communications
12
ADA Compliance Strategy:
●All digital content meeting WCAG 2.1 AA standards
●Alternative text for all images and graphics
●Video content with closed captions and transcripts
●Print materials available in large print formats
●Website compatibility with screen readers
Inclusive Outreach:
●Materials available in Spanish and other languages as needed
●Simple, clear language avoiding unnecessary jargon
●Visual design accommodating color-blind users
●Community partnerships reaching diverse populations
●Multiple format options (digital, print, audio, video)
101
Scope of Project: Social Media Integration
13
Platform Strategy:
●Facebook: Community engagement and event promotion
●Instagram: Visual storytelling and infographics
●SnapChat/TikTok: Real-time updates for younger voters
●NextDoor: Neighborhood-level engagement
●YouTube: Educational video content
Content Approach:
●Educational carousel posts breaking down complex issues
●Video explainers with engaging visuals
●Q&A opportunities with city officials
●Shareable infographics and fact sheets
●Consistent hashtag strategy (#BozemanVotes, #BallotEducation)
Cross-Platform Consistency: Unified visual identity, consistent messaging tone, coordinated posting schedule, and platform-optimized
content while maintaining core educational mission.
102
Scope of Project: Media Planning & Buying
14
Strategic Media Approach: We recommend a balanced media mix maximizing reach while staying within budget constraints.
Traditional Media:
●Local newspaper advertisements and editorial outreach
●Radio sponsorships and interview opportunities
●Community bulletin board postings
●Local TV partnerships for PSA distribution
Digital Media:
●Facebook and Instagram targeted advertising
●Google Ads for ballot-related searches
●Programmatic display advertising on local websites
●Email newsletter sponsorships
Analytics and Optimization:
●Google Analytics for website traffic measurement
●Social media engagement tracking
●Survey feedback collection
●A/B testing for message effectiveness
●ROI analysis and budget optimization 103
Scope of Project: Community Partnerships
15
Partnership Strategy: Building relationships with trusted community voices to extend educational reach beyond traditional city channels.
Potential Partners:
●Bozeman Chamber of Commerce
●Gallatin Valley Land Trust
●Local neighborhood associations
●Montana State University student organizations
●Senior centers and community groups
●Faith communities and service organizations
●Local businesses and community leaders
Partnership Benefits:
●Extended reach to diverse community segments
●Trusted messenger validation of information
●Cost-effective content distribution
●Community feedback and input opportunities
●Sustainable relationships for future initiatives
Implementation:
●Partner toolkit with ready-to-use materials
●Training documentation on ballot education messaging
●Co-branded content opportunities
●Regular communication and coordination meetings
104
Scope of Project: Proposed Schedule
16
Phase 1: Strategic Foundation (Weeks 1 - 2)
●Stakeholder meetings and goal alignment
●Research and message development
●Brand identity creation
●Strategic communications plan finalization
Phase 3: Implementation (Weeks 6 - 10)
●Media campaign launch
●Community partnership activation
●Social media content distribution
●Traditional media outreach
Phase 2: Creative Development (Weeks 3 - 5)
●Logo and visual identity completion
●Content creation and material development
●Website content and digital asset production
●Print material design and approval
Phase 4: Optimization and Evaluation (Weeks 11 - 12)
●Performance monitoring and adjustment
●Community feedback integration
●Final reporting and documentation
●Post-campaign evaluation and recommendations
105
Section 3 Price Proposal
106
Scope of Project: Budget Allocation
17
Strategic Planning & Consultation (25% - $10,500):
●Strategic communications plan development
●Stakeholder consultation and coordination
●Message development and refinement
●Project management and oversight
Creative Development & Production (40% - $16,800):
●Brand identity and logo design
●Print material design and production
●Digital asset creation
●Video production and editing
●Website content development
Media Planning & Buying (25% - $10,500):
●Digital advertising campaigns
●Traditional media placement
●Community partnership coordination
●Analytics and performance tracking
Community Engagement & Training (10% - $4,200):
●Community partnership development
●Staff and partner training materials
●Public meeting support
●Accessibility compliance and language services
Total Project Investment: $42,000
This comprehensive proposal includes all strategic planning, creative development, production, media buying, and community
engagement services outlined in the RFP. Our competitive pricing delivers exceptional value while providing the City of Bozeman
with significant budget savings of $8,000 (16% under the allocated budget).
107
Conclusion Summary of Capabilities
108
Conclusion
Strategies 360 brings the perfect combination of strategic expertise, creative capabilities, and civic engagement experience needed for
Bozeman's ballot education initiative. Our proven track record in Montana, deep understanding of election law compliance, and comprehensive
service capabilities position us to deliver a campaign that effectively educates voters while maintaining the highest standards of neutrality and
accessibility.
Our comprehensive capabilities directly support the Bozeman Ballot Education campaign through:
●Regional Authority: Deep understanding of Montana’s diverse communities, including Bozeman
●Civic Education Expertise: Proven success translating complex government processes into accessible, engaging public messaging
●Multi-Jurisdictional Experience: Demonstrated ability to coordinate consistent messaging across multiple communities
●Community Trust Building: Track record of enhancing public confidence in government institutions and democratic processes
●Messaging Development: Experience developing relatable, educational messaging and maintaining consistency across campaigns
We are committed to delivering a campaign that not only meets Bozeman’s objectives but exceeds expectations for community engagement,
trust building, and sustainable impact. Our team stands ready to begin work immediately upon contract award, bringing passion, expertise, and
unwavering dedication to protecting and strengthening Bozeman’s democratic processes through the Bozeman Ballot Education campaign.
For questions or comments, please don't hesitate to reach out to Matt Davidson at mattd@strategies360.com or 206-282-1990.
18
109
Bozeman Ballot
Education
CONSULTING & GRAPHIC DESIGN WORK SAMPLES
BY STRATEGIES 360, INC.
REPRESENTATIVE: MATT DAVIDSON
PHONE: 206-282-1990
EMAIL: MATTD@STRATEGIES360.COM
110
It’s Your Move Montana Vaccine Adoption Campaign
The Approach
Our strategy aimed to invite “fence-sitters” to consider the vaccine. This hard-to-convince audience had already been inundated with state
and national campaigns. We knew through research that their hesitancy was based in fear and uncertainty, and that anonymity was critical
to them because they did not want their neighbors to know their vaccination status.
We presented an offer to our target as opposed to a directive with the campaign “It’s Your Move, Montana.” With anonymous Montanans
looking over their local landscape, our language consistently presented the vaccine as a personal choice. We avoided fear-based
messaging, focused on economic security and personal safety (priority topics for our audience), and presented scientific data as an
opportunity for our target to do their own research. We also distanced our campaign from the public health department and reiterated at
every turn that we weren’t promoting mandates, just conversations between neighbors.’
Our media strategy was integrated and nimble. Considering the limited media budget, and urgency of the campaign we adjusted strategy
weekly considering each channel’s success in driving residents to the site, and to the map of vaccine sites. Message testing was ongoing
and informed weekly display, print, and social ad content. The earned component of the campaign paralleled the paid efforts, and engaged
community members within their sphere of influence and to their comfort level. Our earned efforts included a promotion of a “text a
local” option where one could reach out to anonymously ask questions from a trusted local.
Relevance to Bozeman Ballot Education: This campaign demonstrates
our expertise in navigating politically sensitive topics while maintaining
strict neutrality which is a skill directly applicable to ballot education
under Montana's restrictive laws.
19
111
Next Steps Idaho
The Approach
The Idaho State Board of Education (OSBE) and S360 created the Next Steps brand and site, a one-stop postsecondary education resource
that considered the unique needs of Idahoans and that was scalable to evolve with the education and workforce development programs over
the years. Strategies 360’s advertising objective: get more Idahoans to consider and eventually enroll in postsecondary education, and
develop an integrated and flexible strategy to grow with the program.
S360’s initial research and brand development has remained the cornerstone to the work that has been created over the years, laying the
groundwork for a consistent and unique voice across channels and content. We have honed a unique advertising voice for our brand with the
“What If” campaign, essentially giving Idahoans permission to imagine all the possibilities available to them. This integrated campaign
relies on a sharp media strategy and flexible creative production to serve our diverse target audiences. Next Steps has evolved to serve
students and adults alike, as well as parents, educators, and career advisors.
An example of a video we developed can be
found here: Next Steps Idaho Commercial
Relevance to Bozeman Ballot Education: This long-term public education
initiative demonstrates our expertise in creating sustainable, government
partnered campaigns that educate diverse audiences about complex civic
opportunities which is directly applicable to ballot education efforts.
20
112
Montana Department of Transportation
The Approach
The Montana public has been shown little knowledge of transportation plans that would affect them daily. Therefore, the Montana
Department of Transportation needed to better engage the community on infrastructure updates. Our goal: modernize MDOT’s approach
towards public engagement.
For each road work improvement project of MDOT, we work with the department to asses communications and support needs, building a
package of materials unique to that jobsite that can include: public polling research, digital advertising, stakeholder engagement, public
relations, digital marketing, logo design, print collateral design and production, and public meeting facilitation/support.
An example of a video commercial to help educate
the public can be found here: MDOT Commercial
Relevance to Bozeman Ballot Education: This ongoing
partnership with Montana Department of Transportation
demonstrates our expertise in modernizing government
public engagement and educating citizens about complex
issues that directly impact their daily lives which is highly
applicable to ballot education initiatives across Montana.
21
113
WA State Association of Head Start & ECEAP Advocacy Campaign
The Approach
In late 2024 and early 2025, Washington State Association of Head Start & ECEAP (WSA) partnered with our agency to launch a strategic
marketing campaign in response to proposed budget cuts that threatened vital early childhood education programs. The campaign aimed to
mobilize public support, encourage constituent advocacy, and ultimately persuade state legislators to preserve and protect ECEAP (Early
Childhood Education and Assistance Program) funding. Our campaign strategy consisted of three interconnected pillars:
1.Humanize the Impact: Showcase real families and children who benefit from these programs to illustrate the human cost of budget cuts
2.Mobilize Advocacy: Create clear paths for concerned citizens to contact legislators and participate in rallies
3.Educate on Value: Communicate the long-term economic and social benefits of early childhood education
By combining emotional storytelling with clear advocacy paths and educational content, we helped Washington State
Association of Head Start & ECEAP amplify their message and engage citizens in the democratic process to protect
essential early childhood education programs.
Here’s some news coverage about the issue: Head Start Budget Cuts
Relevance to Bozeman Ballot Education: This campaign
demonstrates our ability to create civic engagement
campaigns that build public trust and encourage democratic
participation. Our experience mobilizing stakeholders,
creating clear calls to action, and coordinating messaging
across multiple jurisdictions directly applies to expanding
your messaging and reach amongst diverse communities.
22
114
AgWest Farm Credit Rural Community Campaigns
The Approach
AgWest Farm Credit, a leading agricultural financial cooperative serving seven western states, faced declining performance in their digital
marketing efforts, with campaigns going dark during peak periods and missing key audience segments in the competitive agricultural finance
market. We aimed to develop a comprehensive, data-driven marketing strategy to optimize their paid search, increase visibility on social media,
enhance website conversion paths, and establish robust analytics infrastructure for sustained growth.
"Data tells the story." That was our first step. We conducted a thorough audit of existing paid media campaigns, analyzed website user journeys,
and assessed analytics gaps to understand what was really working. Then, we benchmarked performance against industry standards, identified
high-opportunity audience segments, and tested new campaign structures and creative approaches across their three core service areas.
Our plan included innovative campaign restructuring to reach young farmers, enhanced targeting for rural property buyers, seasonal pushes for
crop insurance and comprehensive tracking. With strategic budget reallocation, we developed an integrated approach that improved efficiency
across all digital touchpoints. Our solutions were designed to be scalable and sustainable with performance reporting and make data-driven
optimizations throughout agricultural seasons and market cycles.
Relevance to Bozeman Ballot Education: This campaign demonstrates
our ability to develop comprehensive strategies that build trust and
credibility in rural and underserved communities. Our experience
restructuring complex messaging while targeting specific demographics,
directly applies to creating a robust campaign and asset library for the
coordinated advertising campaign needed to reinforce public confidence
in Montana’s election infrastructure.23
115
Seattle Public Utilities Recycling Campaign
The Approach
In January 2024, Seattle implemented a ban on disposing E-Cycle covered electronic products (CEPs) and batteries in the waste stream.
Seattle Public Utilities is actively working to educate the public on responsible recycling practices for these items. To support this effort,
SPU worked with Strategies 360 to launch a communications campaign. SPU leveraged the campaign to raise awareness about the
disposal ban and inform the public about E-Cycle drop-off locations.
Public Awareness: Our first objective was to reach Seattle residents to make them aware of the disposal ban and the environmental
impact of improper disposal. This campaign was designed specifically to educate the community on how to properly recycle covered
electronic products through SPU and E-Cycle WA.
Action: Our second objective was to encourage participation and compliance to recycle TVs, computers, and monitors for free through
E-Cycle WA or SPU’s Special Item Pickup service by providing clear, accessible information and resources to both SPU customers and
the general public.
Relevance to Bozeman Ballot Education: This campaign
showcases our ability to translate complex government
processes into clear, accessible public education. Our
experience creating compelling messaging about civic
responsibilities and providing practical guidance directly
applies to educating Montana citizens about election
processes and voting procedures.
24
116
Bozeman Ballot
Education
CONSULTING & GRAPHIC DESIGN REFERENCES
BY STRATEGIES 360, INC.
REPRESENTATIVE: MATT DAVIDSON
PHONE: 206-282-1990
EMAIL: MATTD@STRATEGIES360.COM
117
S360 Client References
Here are three references from the case studies provided who can speak to our work:
Montana Department of Transportation
MDOT has contracted the S360 team to develop and execute a communications program to better engage the general public. Through a
combination of public involvement, communications, public affairs, research (polling), project brochures, website content, paid media
(digital marketing, newspaper display advertising, radio advertising, and direct mail), video, earned media (articles, op-eds, LTEs), display
boards, public open house meetings, and events, the team has helped to inform of ongoing construction projects, upcoming priorities for the
department and engaged around projects being driven by MDOT.
Contact: Kris Christensen | 406-444-6125 | krchistensen@mt.gov
Seattle Public Utilities
SPU has worked with Strategies 360 on a number of important projects including creating awareness around the impacts that inclement
weather will have on services, city changes around e-cycling processes and promoting special item pickup services.
Contact: Rebekah Anderson | 206-798-5354 | Rebekah.Anderson2@seattle.gov
AgWest Farm Credit
Strategies 360 has worked to increase awareness amongst the rural farming community around options that exist across rural country loans,
crop insurance and programs that exist to help support young farmers get started in the agriculture business.
Contact: Cori Draper | 509-340-5300 | Cori.Draper@agwestfc.com 25
118
Bozeman Ballot
Education
AFFIRMATION OF NON-DISCRIMINATION
BY STRATEGIES 360, INC.
REPRESENTATIVE: MATT DAVIDSON
PHONE: 206-282-1990
EMAIL: MATTD@STRATEGIES360.COM
119
26
120
Scope of Project: Budget Allocation
Direct Mail Campaign ($20,000)
●Comprehensive direct mail strategy and design
●Targeted voter mailing list development
●Print production and postal services
●Multi-piece mailer series (postcard and tri-fold formats)
●Bilingual content development for inclusive outreach
Media Planning & Buying ($20,000)
●Digital advertising campaigns (Meta & Google)
●Traditional media placement (radio, newspaper if possible)
●Programmatic display advertising
●Analytics and performance tracking across all channels
Community Engagement & Accessibility ($5,000)
●Community partnership development
●Staff and partner training materials
●Public meeting support
●Accessibility compliance and language services
●Enhanced multilingual content development
Budget Allocation - $70,000
Strategic Planning & Consultation ($15,000)
●Strategic communications plan development
●Stakeholder consultation and coordination
●Message development and refinement
●Project management and oversight
●Legal compliance review and documentation
Creative Development & Production ($10,000)
●Brand identity and logo design
●Print material design
●Creative for social media campaigns
●Digital asset creation and optimization
●Website content development
●Additional creative assets for direct mail campaign
Note: We will be flexible with budget and may reallocate as needed
121
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 Professional Services Agreement with
Morrison-Maierle for Midtown Design Standards
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a professional services agreement with
Morrison-Maierle for Midtown design standards.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The Midtown Urban Renewal District serves as a key entry-point to the City.
The Midtown Urban Renewal Plan calls for an enhanced streetscape to
foster economic vitality and create a more vibrant human-scale pedestrian
experience. The Midtown Urban Renewal Plan identifies projects to address
blight, improve infrastructure, and revitalize the district. In 2018, the City of
Bozeman voted to issue tax increment urban renewal revenue bonds to
repair, replace, or improve water and sewer system components, streets,
and alleys, and facilitate all modes of transportation such as sidewalks,
crosswalks, bike lanes, trails, and bridges. The City invested in public
infrastructure to enhance the streetscape, including lights, drought-tolerant
landscaping, pavers, and wider sidewalks.
As new development continues along the North 7th corridor, it is important
to create design standards that match the existing public infrastructure
improvements. Morrison-Maierle will development design standards to
apply within the Midtown Urban Renewal District to ensure consistency with
the Midtown Streetscape for future development. Codifying the design
standards in Midtown was included in the approved FY2026 work plan for
the Midtown Urban Renewal District.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:The total project cost is $47,250 which is available in the Midtown Urban
122
Renewal fund.
Attachments:
Midtown Design Standards FULL 072225.pdf
Report compiled on: July 21, 2025
123
Professional Services Agreement for Midtown Design Standards Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 5th day of August, 2025 (“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, Morrison-Maierle with a mailing address of 288 Technology
Boulevard, 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 for the City of Bozeman Midtown Design Standards project.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
terminate upon the satisfactory completion of 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: 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 $47,250, the amount specified in the Scope
of Services. The Contractor’s billing rates in dollars per hour for its employees is provided
herewith as Exhibit A. 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,
124
Professional Services Agreement for Midtown Design Standards Page 2 of 12
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
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.
125
Professional Services Agreement for Midtown Design Standards Page 3 of 12
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
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.
126
Professional Services Agreement for Midtown Design Standards Page 4 of 12
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
127
Professional Services Agreement for Midtown Design Standards Page 5 of 12
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
128
Professional Services Agreement for Midtown Design Standards Page 6 of 12
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, Economic Development Manager, 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
129
Professional Services Agreement for Midtown Design Standards Page 7 of 12
purpose of this Agreement shall be Cooper Krause, Senior 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
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
Criteria and Conformance Requirements as defined by the current Web Content Accessibility
Guidelines (WCAG).
130
Professional Services Agreement for Midtown Design Standards Page 8 of 12
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
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
131
Professional Services Agreement for Midtown Design Standards Page 9 of 12
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:
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
132
Professional Services Agreement for Midtown Design Standards Page 10 of 12
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
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.
133
Professional Services Agreement for Midtown Design Standards Page 11 of 12
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
134
Professional Services Agreement for Midtown Design Standards Page 12 of 12
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 MORRISON-MAIERLE
By________________________________ By__________________________________
Chuck Winn, City Manager Travis J. Eickman
Vice President, Bozeman Operations Manager
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
135
Page 1 of 3
February 28, 2025 REV #1 July 22, 2025
David Fine
City of Bozeman
Economic Development Manager
121 N. Rouse Avenue
Bozeman, MT 59715
Re: City of Bozeman Midtown Design Standards
Dear Mr. Fine:
Morrison-Maierle is pleased to provide you with a scope and budgetary fee proposal for
preparing streetscape design standards for the Midtown District in Bozeman.
Project Description
The project goal is to develop design standards for the Bozeman Midtown District which will
primarily apply to land within the Midtown Urban Renewal district along N. 7th Avenue between
Main Street and Oak Street, Aspen Street between 7th Avenue and 5th Avenue and Main Street
between 9th Avenue and 5th Avenue. The standards will focus on items within the public right of
way such as sidewalks, pavers, lighting, tree grates, and soil cells. The standards will also
reference other relevant regulations, standards, and permitting requirements as appropriate (i.e.
Bozeman UDC, Engineering Standards, etc.). The standards for many of these items have
already been established, so efforts will largely be compiling these items into an accessible,
uniform format. It is understood that requirements may differ depending on the street or area.
The intent is to provide clear guidance for consistency within the Midtown streetscape.
Scope of Services
Our Professional Services Fees are based on the anticipated Scope of Services outlined below.
Task 000 – Project Management
•Contracting, accounting, and management of personnel
•Check-in meetings every two to four weeks
Task 100 – Stakeholder Coordination
Midtown Design Standard stakeholders will be consulted during development of the proposed
standards. It is anticipated that the primary stakeholders include the City of Bozeman Engineering
Division, City of Bozeman Economic Development Department, and Montana Department of
Transportation. It is assumed that we will participate in one meeting with MDT and all other
stakeholder coordination will be performed by the client.
Task 200 – Document Preparation
•Progressive drafts of the Midtown Design Standards will be submitted to stakeholders for
review and comment. It is anticipated that Review Drafts will be submitted as follows:
Exhibit A
136
Page 2 of 3
o A detailed outline and list of the intended content
o 65% Review Draft- Maybe delete this one
o 95% Review Draft
• Final document for publication will be prepared in accordance with City of Bozeman
accessibility requirements and for consistency, the formatting will be similar to the City of
Bozeman Design and Construction Standards and the Downtown Design and
Construction Standards.
Task 300 – Standard Details
• Standard Details will be drafted in AutoCAD for consistency in appearance, text size, title
block, etc. Existing details prepared by Morrison Maierle and others provided by the client
and other consultants for previous design projects will be used as a reference and content
will be edited as needed. Assumes 15 drawings.
Figure 1 Midtown Urban Renewal District
137
Page 3 of 3
Estimated Professional Services Fees
Based on our current understanding of the Scope of Services outlined in this letter, the
estimated fees for each of the major tasks are summarized below. Fee is to be paid on a time
and materials basis, per the attached Standard Rate Schedule.
Task 000 Project Management $ 9,250
Task 100 Stakeholder Coordination $ 6,000
Task 200 Document Preparation $ 19,500
Task 300 Standard Details $ 12,500
Total $ 47,250
Additional Services
The following items are not included:
• Changes to street sections and street markings/lane configurations
• Traffic calming
• Lighting design beyond specifying poles
• Right-of-way acquisition
• Irrigation and Landscape design
Morrison-Maierle is excited to work with you to develop the Midtown Design Standards. If you
have any questions, please don’t hesitate to contact me.
Sincerely,
Morrison-Maierle
______________________________
Cooper Krause, PE
Project Manager
Attachment: Standard Rate Schedule
cc: File
138
Standard Rate Schedule
Effective Through
December 31, 2025
Standard Rate Overtime Rate
Engineer Supervising Engineer V $305.00 $305.00
Supervising Engineer IV $297.00 $297.00
Supervising Engineer III $267.00 $267.00
Supervising Engineer II $257.00 $257.00
Supervising Engineer I $242.00 $242.00
Senior Engineer II $225.00 $225.00
Senior Engineer I $203.00 $203.00
Design Engineer II $194.00 $194.00
Design Engineer I $174.00 $174.00
Engineer Intern II $143.00 $143.00
Engineer Intern I $128.00 $128.00
Planner Supervising Senior Planner $236.00 $236.00
Senior Planner $208.00 $208.00
Planner III $159.00 $159.00
Planner II $145.00 $145.00
Planner I $127.00 $127.00
Scientist Environmental Scientist III $193.00 $193.00
Environmental Scientist II $146.00 $146.00
Environmental Scientist I $126.00 $126.00
Supervising Geologist $278.00 $278.00
Senior Geologist $233.00 $233.00
Geologist III $208.00 $208.00
Geologist II $169.00 $169.00
Geologist I $144.00 $144.00
Designer and Technician Senior ICT Designer $250.00 $250.00
Senior Distribution Designer $250.00 $250.00
CAD Designer III $175.00 $175.00
CAD Designer II $149.00 $149.00
CAD Designer I $136.00 $203.00
CAD Tech III $133.00 $199.00
CAD Tech II $115.00 $173.00
CAD Tech I $102.00 $153.00
Senior Engineering Designer $190.00 $190.00
Engineering Designer $130.00 $130.00
Resident Project Representative Senior Resident Project Representative $192.00 $192.00
Resident Project Representative IV $185.00 $185.00
Resident Project Representative III $173.00 $173.00
Resident Project Representative II $146.00 $218.00
Resident Project Representative I $131.00 $197.00
Administrative Administrative Manager $132.00 $132.00
Administrative Coordinator III $122.00 $122.00
Administrative Coordinator II $116.00 $173.00
Administrative Coordinator I $94.00 $140.00
Grant Manager $125.00 $125.00
Graphic Designer $125.00 $125.00
Project Coordinator III $118.00 $118.00
Project Coordinator II $106.00 $159.00
Project Coordinator I $96.00 $144.00
Technical Intern $88.00 $133.00
Survey Survey Group Leader $238.00 $238.00
Survey Group Office Leader II $180.00 $180.00
Survey Group Office Leader I $171.00 $171.00
Land Surveyor IV $177.00 $177.00
Land Surveyor III $168.00 $168.00
Land Surveyor II $148.00 $148.00
Land Surveyor I $121.00 $121.00
Survey Technician IV $116.00 $174.00
Survey Technician III $112.00 $168.00Survey Technician II $109.00 $163.50
Survey Technician I $98.00 $147.00
Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate
of 150-200% of the standard billing rate.
139
Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Mimir Water LLC. for Commercial, Institutional and Industrial (CII) Water Use
Assessment Program Services
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
Mimir Water LLC. for Commercial, Institutional, Industrial (CII) Water Use
Assessment Program Services.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:Commercial, institutional, and industrial (CII) properties account for roughly
33% of total annual water use in the City of Bozeman, providing an
opportunity to yield significant water savings when water efficiency
measures are implemented in these facilities. The City offers several free
products and services to water customers to help them save water, including
free water use assessments for CII facilities. Assessing water use in CII
facilities is complex and challenging.
• Many CII properties share a water meter with other properties, making it
challenging to identify water uses attributed to each property and end use
connected to that meter.
• Numerous fixtures, cooling, and building systems are in place at CII
facilities. These systems differ from site to site and are complex.
• Identifying opportunities to increase efficiency extends beyond
upgrading equipment and identifying & fixing leaks. To realize meaningful
water savings, it is important to understand complex systems and work with
the property owner or manager to integrate water management into
existing routines and assist with the development of standard operating
procedures that include water efficiency.
On June 11, 2024, the City entered into an agreement with Mimir Water LLC.
to support the development of a robust CII water use assessment program.
140
This included providing on-site assessments to identify potential water
efficiency projects, correct mechanical failures, make operational
improvements, apply advanced submetering measurement technologies,
evaluate high-resolution water signatures, work with property
owners/managers to integrate water efficiency into existing management
routines, and/or identify effective equipment upgrade options. All site visits
with Mimir Water LLC. double as training opportunities to build internal
capacity and knowledge. This includes equipment and process training prior
to site assessments, on-site training, hands-on training with submeter
installation and water pattern analysis, and all other CII customer support
actions.
Over the last year, the City has saved an estimated 10.6 million gallons of
water through its CII water use assessment program, which is equivalent to
the water needed to serve 130 single households or 260 multi-household
units.
The attached professional services agreement outlines professional services
provided by Mimir Water LLC. to continue and build upon this work, reaching
more CII customers to achieve water conservation goals outlined in the 2013
Integrated Water Resources Plan and 2023 Water Conservation and
Efficiency Plan.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Total project costs are not to exceed $20,000.00 and will be paid for from
the approved Water Conservation Division professional services fund.
Attachments:
PSA_CII Water Use Assessment Program_Mimir
Water_FY2026.pdf
Exhibit A_CII Water Use Assessment Program_Scope of
Services_FY2026.pdf
Report compiled on: July 24, 2025
141
Professional Services Agreement for CII Water Use Assessment Program Page 1 of 10
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2025
(“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, Mimir’s Well, LLC (DBA Mimir Water) with a mailing
address of 819 E C ST, Deer Park, WA 99006, 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.
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
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.
142
Professional Services Agreement for CII Water Use Assessment Program Page 2 of 10
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
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
143
Professional Services Agreement for CII Water Use Assessment Program Page 3 of 10
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
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]
144
Professional Services Agreement for CII Water Use Assessment Program Page 4 of 10
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:
145
Professional Services Agreement for CII Water Use Assessment Program Page 5 of 10
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
Notice of Termination for City’s Convenience.
146
Professional Services Agreement for CII Water Use Assessment Program Page 6 of 10
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 Jessica Ahlstrom, Water Conservation Program Manager, 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 Annikki Chamberlain, President, Mimir Water, 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
147
Professional Services Agreement for CII Water Use Assessment Program Page 7 of 10
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).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
148
Professional Services Agreement for CII Water Use Assessment Program Page 8 of 10
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
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
149
Professional Services Agreement for CII Water Use Assessment Program Page 9 of 10
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.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
150
Professional Services Agreement for CII Water Use Assessment Program Page 10 of 10
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 three 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 MIMIR WATER LLC.
By________________________________ By__________________________________
Chuck Winn, Interim City Manager Annikki Chamberlain, President
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
151
Exhibit A: Scope of Services for City of Bozeman CII Water Use
Assessment Program
Introduction
Mimir Water specializes in implementing water efficiency projects at commercial
properties using a customer success strategy.
Successful water management is a goal for all commercial properties and would provide
countless benefits to operations including cost reduction, time efficiency, asset protection, and
more. Although water efficiency is desirable, there are hundreds of water-use endpoints spread
across a property's irrigation, cooling, and building systems that properties must juggle with
competing priorities. Projects or initiatives that require large departures from existing business
routines are typically seen as too cumbersome, too expensive, or not relevant enough for
businesses to adopt. Furthermore, commercial properties rarely have technical water expertise
in-house and find it difficult to understand and implement water efficiency recommendations
without technical support and guidance.
Mimir Water overcomes these common failure points by integrating practical water efficiency
solutions into existing business routines and providing ongoing technical support. Habit-stacking
water management onto existing routines minimizes disruption because it is seen as a ‘process
improvement’ as opposed to a ‘change’. Due to the nature of commercial operations, water
management projects can be derailed by a simple unforeseen challenge or gap in technical
knowledge if there is no support available to help resolve the issue. Mimir Water works directly
with facilities staff to plan, implement, and evolve water management projects to ensure
customer success. This has proven to be a successful strategy and, in fact, fosters a proactive
water efficiency partnership between the water provider and the commercial property.
Methodology
Once the customer is engaged and scheduled, Mimir Water conducts a Water Efficiency
Assessment to determine possible water management projects that will improve water efficiency.
If needed, Mimir Water uses clamp-on submeters to collect high resolution water use data for
152
specific for areas or equipment. This provides invaluable information to identify both water
volume and use patterns and can be used to diagnose the performance of irrigation systems,
cooling towers, or other specialized equipment. A submeter diagnosis of water use also provides
an invaluable benefit for commercial properties to understand water flows and efficiency and may
help to initiate a partnership with the City of Bozeman.
Mimir Water will prioritize potential water efficiency projects to correct mechanical failures, make
operational improvements, integrate water efficiency into existing management routines, and/or
identify effective equipment upgrade options. A payback period is estimated for all projects and
Mimir Water schedules a meeting to discuss the project details and benefits. Once projects are
selected, Mimir Water will work with property staff to create an implementation plan and provide
technical support through the entire implementation process. Realistically, this is a long process
since property staff are typically implementing the project in addition to normal tasks. The Water
Conservation Division can provide significant value at this point of project implementation by
providing technical support and completing tasks that include research or development (i.e. data
collection forms,
troubleshooting,
etc.).
Once the project is
implemented, Mimir
Water will fine tune
the project
deliverables, as
needed, and evaluate
the project results.
Ideally, the project
outcome is a
measurable increase
in water efficiency.
However, it may be Figure 1. CII Water Conservation Program Methodology Overview
implementing systems and practices that prevent or reduce mechanical failures (i.e. identifying
valve failures). Mimir Water will strive to conduct a statistical analysis when possible but may also
include qualitative analysis if appropriate.
153
Assessment Methodology
Mimir Water will conduct water assessments and identify water efficiency project opportunities
using a 5 Step Formula designed to systematically diagnose, treat, and eliminate root-cause water
waste issues commonly suffered by commercial water users (Figure 2). The general 5 Step
Formula includes:
1. Define Optimal Efficiency: Determine optimal operating efficiency and communicate
benchmark to relevant stakeholders such as service providers, technicians, property
managers, staff, etc.
2. Identify Mechanical Failures: Find system mechanical components that are not
operating as designed and resulting in water waste.
3. Identify Operational Adjustments: Identify operational adjustments that will improve
efficiency. These adjustments typically include refining operator preferences such as
setpoints, watering schedules, etc., to optimize water use based on available data,
industry standards, and best management practices.
4. Add Control Measures: Control measures provide ongoing monitoring and reporting
capabilities to maintain water efficiency indefinitely as part of normal operations. These
measures include a wide variety of options such as expanding existing operating
procedures, adding submeters, establishing reporting systems, etc.
5. Upgrade Equipment: Identify opportunities to replace fixtures or controllers with the
best available technology.
Figure 2 Mimir Water Efficiency Formula
154
This Mimir Water Formula, centered around in-depth water assessment and customer support, is
refined based on one of three primary water use areas: outside water use, inside water use, and
cooling water use.
Mimir Water Mobile App
Mimir Water offers a custom-built mobile application designed to streamline site assessments
and support real-time water management. The app is fully compatible with iPads, iPhones, and
Android systems and enables users to:
• Capture Site Data On-Site: Log equipment specifications, collect and organize site photos,
create submeter installation plans, and troubleshoot equipment directly in the field.
• Track Water Use Metrics: Input meter readings, calculate flow rates, calculate irrigation and
cooling tower efficiency using built-in calculators.
• Generate Instant Reports: Organize findings into clear, shareable reports to support
customer engagement and decision-making.
• Support Team Coordination: Enable City staff and consultants to access shared
assessments, reducing duplication and improving communication.
This tool saves time, ensures consistent documentation, improves communication, and
strengthens technical support throughout the water auditing process.
Scope of Work
Mimir Water will work with City staff to engage commercial customers, conduct water efficiency
and leak assessments, install submeters where relevant, provide diagnostic review of water use
and patterns based on equipment design, provide cost effective recommendations based on the
Mimir Water Efficiency Formula, help implement recommendations, integrate water management
into existing routines for sustained performance, and evaluate results. All site interactions will
double as training opportunities to build internal capacity. This includes equipment and process
training prior to site assessment, on-site training, hands-on training with submeter installation and
water pattern analysis, and all other commercial customer support actions. Mimir Water
encourages City staff to lead projects and will serve as technical and experiential support to
accelerate learning. Mimir Water is also available to work on behalf of the City of Bozeman, if
needed. Mimir Water regularly conducts audits and communications as a representative of
municipal water providers if staff is unavailable or other situations dictate.
155
Deliverables
Depending on site and program needs, deliverables may include but are not limited to:
• Commercial Water Assessments
• Submeter installations and monitoring plans
• Water system diagnostics and flow profiling
• Leak detection and inefficiency resolution
• SOPs, flow tracking tools, and audit reports
• Staff training sessions and case studies
• Policy Review and Updates
Mimir Water will work with City staff to determine deliverables for each project.
General Availability
Mimir Water is available as-needed for remote or virtual support. Mimir Water is available for in-
person services year-round with advance notice of approximately 1 month. For urgent requests or
special circumstances, Mimir Water will make every effort to accommodate visits with less notice.
Initial customer contact and scheduling will be the responsibility of the City staff.
Rates
Mimir Water charges an hourly rate for all services. Mimir Water will charge the City of Bozeman a
flat rate of $300 per visit (equivalent to 2 hours’ time) for field assessments or other tasks that
require on-site presence. This rate will assist with travel costs while allowing the majority of
program costs to go directly to field work and program support services.
Mimir Water charges a monthly fee for the deployment of submeter kits. This fee pays for the
maintenance and upkeep of the equipment while providing a cost-effective, use-based option to
supplement the City meter inventory. Rates are detailed in the tables below.
Table 1. Service Rates
Service Description Rate
Technical Support & Auditing $150/hour
Onsite Travel and Lodging $300 per trip
Submeter Use Based on size and duration (Table 2)
156
Table 2: Monthly Meter Rental Rates
Meter Size (inches) Monthly Rate
0.25 – 1.25 $49.79
1.5 – 2.0 $89.88
3.0 $112.71
4.0 – 5.0 $148.54
6.0 – 8.0 $196.46
Program Budget
Total program costs will not exceed $20,000.00.
Invoices will be submitted with itemized billing.
Project Manager Contact Information
Annikki Chamberlain
President, Mimir Water
Email: annikki@mimirwater.com
Phone: 928.910.0149
157
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Engineer III
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
DOWL LLC for the Hyalite Intake Dam Rehabilitation Project.
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
DOWL LLC for the Hyalite Intake Dam Rehabilitation Project.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The Hyalite intake dam was originally constructed in 1956. It is an integral
component of the City's water supply infrastructure that diverts municipal
water rights from Hyalite Creek to the Sourdough water treatment plant.
The intake dam consists of an earthen embankment and concrete spillway.
Spillway concrete was repaired in the the mid 2000's when the new Hyalite
diversion and supply pipeline were completed. The earthen embankment
has not been rehabilitated since its construction.
The Hyalite intake is situated on USFS land and is subject to federal and state
dam safety requirements. The attached professional services agreement
provides for the engineering investigation phase of the rehabilitation
project. The investigation will consist of a condition assessment and dam
safety evaluation to determine the hazard classification of the facility. Once
the hazard classification is determined, the project can proceed into the
design phase for the rehabilitation improvements needed to satisfy state
and federal design standards applicable to the hazard class.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The negotiated cost of the professional services agreement totals $256,455.
Funding is provided by water fund capital improvement project W115 -
Hyalite Intake Rehab. Appropriated budget available in FY26 for W115
amounts to $644,800. Sufficient budget authority exists to authorize the
professional services agreement.
158
Attachments:
Final Combined PSA - DOWL - Hyalite Intake Dam Rehab.pdf
Report compiled on: July 24, 2025
159
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 5th day of August, 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 DOWL, LLC with a mailing address of 1283 N. 14th Ave, Ste 101, Bozeman MT 59715, hereinafter referred to as “Engineer”. The City and Engineer 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 Engineer to perform for City professional services for the Hyalite Intake Dam Rehabilitation Project (the “Project”).
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: Engineer will perform the work and provide the services in accordance with the Scope of Services attached hereto as Exhibit A and by reference made a part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Engineer may, at its own risk, use or
rely upon design elements and information ordinarily or customarily furnished by others,
including, but not limited to Engineer’s Consultants, specialty contractors, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Engineer for the completion of the Scope
of Services a cost not-to-exceed the amount of $256,455.00.
a. The actual cost amount paid shall be equal to the cumulative hours charged to the Project by each class of Engineer’s personnel multiplied by the standard hourly rates for each applicable billing class for all services performed on the Project, plus
Reimbursable Expenses (defined in Section 9 of this Agreement) and any Engineer’s
Consultant charges. Engineer’s Standard Hourly Rates and Reimbursable Expenses Schedule are attached hereto as Exhibit B and are by reference made a part of this Agreement.
160
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 2 of 12
b. The standard hourly rates charged by Engineer constitute full and complete
compensation for Engineer’s services, including labor costs, overhead, and profit; the
standard hourly rates do not include Reimbursable Expenses or Engineer’s Consultant charges. c. A detailed breakdown of the cost amount for the Scope of Services, including personnel
hours directly assigned to each task and the estimated Engineer’s Consultant charges,
is attached hereto as Exhibit C and, by reference, made a part of this Agreement. d. Engineer may alter the distribution of compensation between individual tasks of the Scope of Services to be consistent with services actually rendered but shall in no case
exceed the cost not-to-exceed amount as set forth above.
5. Reimbursable Expenses: As defined in Section 9 of this Agreement, for completion of the Scope of Services and any approved Additional Services, Reimbursable Expenses shall be paid to the Engineer by the City in the actual amount of the expenses incurred per expense rates
contained in the Engineer’s Reimbursable Expenses Schedule provided in Exhibit B.
6. Engineer’s Consultants: Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.05. This factor shall cover Engineer’s overhead and profit
associated with Engineer’s responsibility for the administration of such services and costs.
7. Additional Services: The City may request Engineer to perform any Project-related Additional Services not otherwise provided for in this Agreement. If the City requests such Additional Services, it shall so instruct the Engineer in writing, and the Engineer shall perform,
or direct Engineer’s Consultants to perform, such work necessary to complete the Additional
Services requested. The City and Engineer shall mutually agree upon a cost amount and basis of payment for any Additional Services prior to Engineer proceeding with such Additional Services.
8. Times of Payments: Engineer may submit monthly billing statements to the City. Billing
amounts shall be based on the cumulative hours charged to each task of the Scope of Services during the billing period by each class of Engineer’s employees multiplied by the standard hourly rates for each applicable billing class, plus Reimbursable Expenses and Engineer’s Consultants’ charges and any approved Additional Services rendered. The billing statements
shall include an estimated percent completion for each task at the time of billing.
9. 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 Engineer’s control. Additional Services can also mean providing other
161
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 3 of 12
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 Exhibits attached hereto and referred to as if they were part of one and the same document.
c. Reimbursable Expenses: Reimbursable Expenses mean the actual expenses incurred
by the Engineer or Engineer’s Consultants directly in connection with the Project pursuant to the expense rates contained in the Engineer’s Reimbursable Expenses Schedule provided with Exhibit B, 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. d. Engineer’s Consultants: Engineer’s Consultants means any independent professional associates working on the Project that are not directly employed by Engineer and have
rather been hired by Engineer to serve a particular role or offer a particular service for
the Project. 10. Engineer’s Representations: To induce City to enter into this Agreement, Engineer makes the following representations:
a. Engineer 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. Engineer 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 manner and with that degree of care and skill ordinarily exercised under the same conditions by professionals practicing in the same field, at the same time, and
similar locality; that it has the power to enter into and perform this Agreement and grant
the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control
as to general procedures or formats necessary to have these services meet this warranty.
11. Independent Contractor Status/Labor Relations: The parties agree that Engineer is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Engineer 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. Engineer is not authorized to represent the City or otherwise bind the City in any dealings between Engineer and any third parties.
162
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 4 of 12
Engineer 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. Engineer shall maintain workers’ compensation
coverage for all members and employees of Engineer’s business, except for those members who are exempted by law. Engineer 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,
Engineer 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 Engineer shall take shall be left to the discretion of Engineer; provided, however, that Engineer shall bear all costs of any related legal action. Engineer shall
provide immediate relief to the City so as to permit the services to continue at no additional
cost to City. Engineer 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. 12. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Engineer 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, to the extent caused by or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Engineer; or (ii) any negligent,
reckless, or intentional misconduct of any of the Engineer’s agents.
For the professional services rendered, to the fullest extent permitted by law, Engineer 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 Engineer or Engineer’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).
Engineer’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City.
163
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 5 of 12
Should the City be required to bring an action against the Engineer to assert its right to
defense or indemnification under this Agreement or under the Engineer 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 Engineer 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. Engineer 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, Engineer shall at Engineer’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 Engineer in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Engineer 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.
Engineer 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 Engineer commencing work. Engineer shall notify City within two
(2) business days of Engineer’s receipt of notice that any required insurance coverage will be
terminated or Engineer’s decision to terminate any required insurance coverage for any reason.
164
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 6 of 12
13. Termination for Engineer’s Fault:
a. If Engineer 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 Engineer’s right to proceed with all or any part of the work (“Termination Notice Due to Engineer’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 13, Engineer shall be entitled to payment only for those services Engineer actually rendered.
c. Any termination provided for by this Section 13 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 13, Engineer 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. 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 Engineer (“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 Engineer. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Engineer 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. Engineer 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 14, Engineer is entitled to payment only for those services Engineer actually rendered on or before the receipt of the Notice of Termination for City’s Convenience.
d. The compensation described in Section 14.c is the sole compensation due to Engineer
for its performance of this Agreement. Engineer shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity,
165
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 7 of 12
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.
15. Limitation on Engineer’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Engineer under this Agreement, Engineer’s damages shall be limited to contract damages and Engineer 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 Engineer wants to assert a claim for damages of any kind or nature,
Engineer 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 Engineer becoming aware of the facts and circumstances giving rise to the claim. In the event Engineer fails to provide such notice, Engineer shall waive all rights to assert such claim.
16. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Brian Heaston, P.E. 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, Engineer 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. Engineer’s Representative: The Engineer’s Representative for the purpose of this Agreement shall be Jack Krusemark, P.E. or such other individual as Engineer shall
designate in writing. Whenever direction to or communication with Engineer is
required by this Agreement, such direction or communication shall be directed to Engineer’s Representative; provided, however, that in exigent circumstances when Engineer’s Representative is not available, City may direct its direction or communication to other designated Engineer 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.
166
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 8 of 12
17. Permits: Engineer 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. 18. Laws and Regulations: Engineer 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.
19. Nondiscrimination and Equal Pay: 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 Engineer 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 any of Engineer’s Consultants providing services under this Agreement. 20. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Engineer 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. Engineer 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 Engineer shall be obligated to furnish such proof.
167
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 9 of 12
The Engineer shall be responsible for instructing and training the Engineer's employees and agents in proper and specified work methods and procedures. The Engineer shall provide
continuous inspection and supervision of the work performed. The Engineer is responsible for
instructing its employees and agents in safe work practices. 21. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both Parties hereto. Engineer may not
subcontract or assign Engineer’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any of Engineer’s Consultants or assignees will be bound by all of the terms and conditions of this Agreement. 22. Reports/Accountability/Public Information: Engineer agrees to develop and/or provide
documentation as requested by the City demonstrating Engineer’s compliance with the
requirements of this Agreement. Engineer 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 Engineer pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local
law. The Engineer shall not issue any statements, releases or information for public
dissemination without prior approval of the City. 23. 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. 24. 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. 25. Taxes: Engineer is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
26. 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.
168
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 10 of 12
27. Survival: Engineer’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law.
28. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer.
29. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance
thereof shall continue in effect. 30. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana.
31. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 32. 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. 33. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument.
34. 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. 35. Standard of Care: In providing services under this Agreement, 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 City’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 City’s rights herein are in
addition to any other remedies the City may have under the law.
36. Ownership and Reuse of Documents: Upon payment in full by City to Engineer for all monies due Engineer under this Agreement, Engineer’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 Engineer or to its officers, directors, members, partners, agents, employees, and consultants.
169
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 11 of 12
37. 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 ****
170
Professional Services Agreement – Hyalite Intake Dam Rehabilitation Project Page 12 of 12
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA ENGINEER
BY: BY: Chuck Winn, Interim City Manager
Print Name: _Bradley Melocik
Print Title: Surface Water Market Sector Leader DATE: DATE:
ATTEST:
BY: Mike Maas, City Clerk
APPROVED AS TO FORM:
BY:
Greg Sullivan, City Attorney
171
Hyalite Intake Dam Rehabilitation
Phase 1 Scope of Work
Page 1
TO: Brian Heaston, PE
FROM: Jack Krusemark, PE; Russ Reed, PE, BC.WRE
DATE: 7/23/2025
PROJECT: Hyalite Intake Dam Rehabilitation
SUBJECT: Phase 1 Scope of Work
\\dowl.com\j\Projects\62\22067-00\03Scoping\HIDR_SOW_V0.docx
This document defines DOWL’s proposed scope of work for Phase 1 of the Hyalite Intake Dam
Rehabilitation Project. A deliverable schedule and fee estimate summary are provided at the end of the
document.
SCOPE OF WORK
0. MEETINGS & PROJECT MANAGEMENT
Check-in Meetings
We anticipate the need to coordinate with the City, Forest Service, and potentially other stakeholders
throughout Phase 1. The assumed basis of the attached fee estimate for check-in meetings is six one-hour
meetings over the course of the phase (not counting the Phase 1 Closeout Meeting).
Phase 1 Closeout Meeting
Following submittal of the Safety Evaluation Report, DOWL will facilitate a Phase 1 Closeout Meeting with
the City and any additional stakeholders the City wishes to include. We will provide a written summary of
this meeting to document this discussion and capture key decisions and next steps.
Project Management
Project management will be ongoing throughout the duration of the project. DOWL’s project manager
will submit monthly invoices to the City, each accompanied by a brief progress report summarizing work
completed by task and the estimated percent complete.
1. CONDITION ASSESSMENT
Dam Inspection
Following contract award, we will perform a detailed field inspection of the dam; before the inspection,
we will review record drawings and reports. The inspection will be conducted to meet the requirements
of the US Forest Service Dams Management Handbook (FSH 7509.11).
The inspection will include a detailed assessment of the embankment, including looking for signs of
deformation, instability, erosion, animal activity, deleterious vegetation, and seepage. The spillway and
intake structures will be examined for structural condition, evidence of instability, and deterioration.
Hydraulic structures will be reviewed for obstructions, signs of foundation erosion, and undercutting. We
will also inspect the concrete wall of the intake, which is the spillway’s right abutment, and the intake
headgates (i.e., the three slide gates in the creek). We will perform a visual inspection of the intake gates,
but inspection of features “downstream” of the gates (e.g., the intake building and mechanical
equipment) is excluded from this inspection.
Deliverables
1-1 Inspection Report: Following the inspection, we will prepare a report that documents our
observations and includes photographs taken during the inspection.
Exhibit A to Profesional Services Agreement 172
Hyalite Intake Dam Rehabilitation
Phase 1 Scope of Work
Page 2
Survey
We will perform a targeted topographic and bathymetric survey of the project area to support both this
phase and future phases of work. Additionally, we will collect geo-rectified aerial imagery and surface
mapping using a small unmanned aerial system (sUAS). Due to dense vegetation at the site,
photogrammetric terrain data derived from the sUAS will be unreliable in some areas. Therefore,
traditional topographic and bathymetric survey data will form the primary basis of the terrain model used
for analysis and design. The survey will be sufficient to produce one-foot contours in general conformance
to the US national map accuracy standard, and we will develop a basemap of the Hyalite Intake Dam
project area.
Bathymetric data will be collected within the creek using a combination of sound navigation and ranging
(SONAR), GNSS, and conventional survey techniques, depending on water depth and streambed
conditions.
We will utilize one-call services and coordination with City of Bozeman staff to identify existing
underground utilities. Horizontal locations of utilities will be surveyed in the field; however, potholing to
vertically locate subsurface utilities is not included in this scope and may be added later if necessary. A
legal boundary survey is excluded from this scope of work.
Survey control will be established using a combination of existing monumentation and new control points,
providing at least two total horizontal & vertical control points for the project. Control monuments may
include set rebar, existing benchmarks, or property corners as appropriate. Data will be provided in the
Bobcat low-distortion projection per the Rocky Mountain Tribal Coordinate Reference System on the
North American Vertical Datum of 1988 (NAVD).
One-meter resolution bare earth LiDAR mapping is publicly available for the project area and may be used
to supplement ground and bathymetric data in areas outside the immediate project site.
Structural Investigation & Assessment
We will conduct a visual examination of the exposed spillway and concrete apron, supplemented by non-
destructive surface impact soundings and extracting concrete core samples from select locations.
Soundings involve hand-swinging a 1.5-pound rock hammer against the concrete, and the hardened
concrete’s auditory response allows for a subjective assessment of the near-surface hardness and
integrity of the concrete matrix.
We will extract concrete core samples from the spillway and downstream apron slab; the number and
locations of core samples will be determined during the initial site visit/dam inspection. Collected cores
will undergo laboratory testing, including compressive strength testing of at least three samples and
petrographic analysis of at least one sample to characterize and quantify concrete condition.
Characterization of concrete condition includes strength, definition of cement paste matrix, air content,
carbonation, sulfate attack, and the presence or absence of alkali-silica reactivity. Sample extraction and
testing will be performed in general accordance with ASTM C42 (Standard Test Method for Obtaining and
Testing Drilled Concrete Cores and Sawed Beams of Concrete) and ASTM C856 (Standard Practice for
Petrographic Examination of Hardened Concrete). Core locations will be strategically selected to minimize
impacts to the hydraulic roughness of the concrete spillway surface while targeting areas that indicate
visual distress. All core voids will be filled using a structural grout suitable for hydraulic structure
applications.
Deliverables
1-2 Structural Assessment Report: We will perform a stability analysis, by calculation, of the spillway to
evaluate its performance under various hydraulic loading scenarios and potential seismic events.
Hydraulic, seismic, geometric, and geotechnical criteria for the analysis will be developed and
Exhibit A to Profesional Services Agreement 173
Hyalite Intake Dam Rehabilitation
Phase 1 Scope of Work
Page 3
documented. This analysis will yield calculated factors of safety against sliding and overturning for each
load case and thereby identify potential vulnerabilities to inform rehabilitation recommendations related
to the spillway’s cross section. The concrete sample laboratory test results will be included as an appendix
to the Structural Assessment Report.
Geotechnical Investigation & Assessment
We plan to use a small, geoprobe drill rig to drill at least two borings through the diversion dam
embankment and foundation. To use the non-notifying Nationwide Permit 6, and avoid a Stream
Protection Act 124 permit from Montana Fish, Wildlife, and Parks, for geotechnical exploration, tree
removal, and streambank modifications must be avoided. To facilitate drilling on the embankment and to
protect the stream bank and trees, the driller will use a crane to lift the drill rig across Hyalite Creek to the
dam crest.
Prior to mobilizing to the site, we will submit a Road Use Permit application to the USFS for the crane and,
if necessary, the drill rig.
We will drill a minimum of two borings and collect samples from the embankment and foundation near
the locations shown in Figure 1. These locations may be adjusted based on findings from the initial site
visit/dam inspection. We plan to drill through the embankment to depths of about 50 feet, or 10 feet into
rock (whichever is less) to (1) characterize the embankment materials and obtain parameters for
geotechnical analysis, and (2) support foundation recommendations for design alternatives. We will
complete both borings as piezometers and install data loggers to monitor the phreatic water level in the
dam. Depending on subsurface conditions, we anticipate performing standard penetration testing,
collecting undisturbed samples using Shelby tubes (or California sampler rings for denser soils), and
obtaining bulk samples from the cuttings. Soil samples will be transported to our laboratory in Billings for
testing, including classification, grain size, strength, and hydraulic conductivity.
Figure 1. Preliminary Boring Locations
In addition to drilling, we will perform a seismic geophysics line across the embankment. The geophysics
will be used to approximate the depth to bedrock between and beyond the borings, and will support the
determination of the seismic site classification for liquefaction and seismic stability analysis.
Deliverables
1-3 Drilling Schedule: We will submit the driller’s schedule to the City, including anticipated crane
activities and on-site duration, to support the City in potentially coordinating the use of the crane for
removing discarded trees downstream of the embankment.
Exhibit A to Profesional Services Agreement 174
Hyalite Intake Dam Rehabilitation
Phase 1 Scope of Work
Page 4
1-4 Geotechnical Data Report: We will prepare a Geotechnical Data Report that, at a minimum, includes
a map of boring locations, boring logs, field and laboratory test results, soil/rock descriptions, and
geophysical survey results. This report will be used to inform the geotechnical modeling (liquefaction,
seepage, slope stability, etc.) and foundation recommendations for rehabilitation (or replacement)
alternatives.
2. USFS DRAFT SPECIAL USE PERMIT REQUIREMENTS
Hazard Potential Classification
We will perform a Hazard Potential Classification Study of the Intake Dam in general conformance with
FEMA P-333 (Federal Guidelines for Dam Safety Hazard Potential Classification System for Dams.
Specifically, we will identify the potential downstream consequences for two hypothetical failure
scenarios: (1) a clear-weather (i.e., sunny day) failure and (2) a hydrologic failure (i.e., the flood at which
the Intake Dam embankment overtops).
We will develop a two-dimensional hydraulic model in HEC-RAS that extends from the Intake Dam pool to
a location downstream where there is no difference between the 100-year water surface elevation
without dam failure and dam failure scenarios. To determine this location, we will develop a coarse model
with a downstream limit of Black Bear Road (approximately 0.8 miles downstream) and run the 100-year
flood with and without failure. The point at which there is no difference in water surface elevations will
be the downstream extent of the model we refine and further develop.
Using results from the two-dimensional model, we will apply the USACE Risk Management Center (RMC)
LifeSim software to estimate the likely life loss of a dam failure; where there is potential for PAR
(population at risk) unrelated to a permanent structure (i.e., the campground immediately below the
Intake Dam), we will evaluate the potential for life loss by comparing the estimated depth-velocity values
to published LifeSim stability curves. We will also review available land ownership and zoning maps to
evaluate the potential for hazard creep over time.
To support this assessment, we will perform a flood-frequency analysis to estimate peak flood magnitudes
for a range of recurrence intervals, up to and including the 1,000-year event. The flood-frequency analysis
will be developed by applying US Geological Survey (USGS) Bulletin 17C methods in HEC-SSP to streamflow
records from USGS gaging station 06050000, located upstream of the intake dam, which has nearly 130
years of data, including 73 years of annual peak streamflow measurements/estimates. Recognizing that
Hyalite Creek at gage 06050000 is regulated (i.e., significantly influenced) by Hyalite Reservoir, DOWL will
evaluate the impact of Hyalite Reservoir on the flood-frequency relationship at the Intake Dam by
performing flood-frequency analysis for the entire period of record, prior to the construction of Hyalite
Reservoir, and post-Hyalite Reservoir construction. A key outcome of the flood-frequency analysis, in
conjunction with an elevation-discharge analysis of the existing ogee spillway, will be the identification of
the recurrence interval flood that results in overtopping of the embankment, which will form the basis for
the hydrologic failure scenario.
The hazard potential classification study methodology, including flood frequency analysis, hydraulic
model inputs, and hydraulic model results, including a hazard potential classification recommendation,
will be documented in a Hazard Potential Classification Study Report that will include maps of the
downstream setting that identify USFS boundaries, structures (i.e., PAR), inundation limits, maximum
depth and maximum depth-velocity throughout the inundation area, and the estimated arrival time for
the breach flood wave to reach critical locations within the hydraulic model limits.
This scope of work excludes flood hydrograph estimation; the hydrologic analysis will be limited to peak
discharge magnitude estimation only. Additionally, rainfall-runoff modeling and estimation of the
Probable Maximum Flood (PMF) are not included.
Exhibit A to Profesional Services Agreement 175
Hyalite Intake Dam Rehabilitation
Phase 1 Scope of Work
Page 5
Deliverables
2-1 Hazard Potential Classification Study Report: We will prepare a Hazard Potential Classification Report
that documents the analyses completed under this subtask and provides a recommendation for the dam’s
hazard potential classification.
Safety Evaluation Report
A Safety Evaluation Report is a dam safety requirement identified in the draft SUP. Fortunately, the Safety
Evaluation Report required by the US Forest Service (USFS) aligns closely with the Condition Assessment
Report originally proposed in our Statement of Qualifications. As such, the Safety Evaluation Report will
fulfill both the SUP requirement and the intended purpose of the Condition Assessment Report described
in DOWL’s qualifications proposal submittal. In addition to inspection and investigation results, the Safety
Evaluation will include an in-depth review and evaluation of the record documents.
The Safety Evaluation Report will provide a comprehensive assessment of the Intake Dam, including
summaries of critical design and investigation records, including investigation results completed by DOWL
as part of this project. The Safety Evaluation Report will also include appendices (e.g., the Inspection
Report, deliverable T1-1) that will provide ready access to dam records for future readers/evaluators.
Depending on the results of the inspection, investigations, and analyses, the Safety Evaluation Report will
provide a list of dam safety deficiencies and operation and maintenance recommendations, and a
recommended prioritization of the deficiencies and recommendations.
Deliverables
2-2 Safety Evaluation Report: The tentative outline below represents anticipated report sections. The
final structure will be refined in coordination with the USFS:
1. Recommendations
2. Description of Dam and Operations
3. Evaluation of Design, Construction, and Analysis
4. Inspection Report (Prepared as Deliverable 1-1)
5. Geotechnical Evaluation & Seismic Hazard
6. Structural Evaluation (Prepared as Deliverable 1-2)
7. Hazard Potential Classification (Prepared as Deliverable 2-1)
8. Key Drawings
3. ENVIRONMENTAL TASKS
Aquatic Resources Delineation
We will field-delineate the boundaries of wetlands and ordinary high-water lines of waterways at the
project site. The delineation process will follow the USACE Wetland Delineation Manual, Wetland Regional
Supplement, and the National Guide to Ordinary High Water Mark Delineations. Aquatic resource
boundaries will be mapped using a map-grade GPS unit with sub-meter accuracy.
Deliverables
3-1 Aquatic Resources Delineation Report: We will prepare an Aquatic Resources Delineation Report
following completion of the fieldwork. A delineation report is required to identify USACE jurisdictional
resources (i.e., waters of the US) and provides the basis for future Clean Water Act (CWA) Section 404 and
Stream Protection Act (SPA) 124 permitting.
Exhibit A to Profesional Services Agreement 176
Hyalite Intake Dam Rehabilitation
Phase 1 Scope of Work
Page 6
ESTIMATED LABOR, EXPENSES, AND SUBCONTRACTS
Table 1 summarizes DOWL’s estimated cost to complete this scope of work based on the assumptions
defined herein. A detailed breakdown of the cost amount, including personnel hours directly assigned to
each task, is included on the following page.
Table 1. Fee Estimate Summary
DELIVERABLES & SCHEDULE
Table 2 summarizes the deliverables associated with this scope of work and identifies the corresponding
submittal deadlines. All submittal deadlines are expressed in calendar days.
Table 2. Summary of Deliverables and Submittal Deadlines
Deliverable Submittal Deadline Anticipated Due
Date1
1-1 Inspection Report Within 90 days of NTP November 10, 2025
1-2 Structural Assessment Report Within 120 days of NTP December 10, 2025
1-3 Drilling Schedule Within 10 days of NTP August 22, 2025
1-4 Geotechnical Data Report Within 90 days of NTP November 10, 2025
2-1 Hazard Potential Classification Study Report Within 90 days of NTP November 10, 2025
2-2 Safety Evaluation Report Within 120 days of NTP December 10, 2025
3-1 Aquatic Resources Delineation Report Within 120 Days of NTP December 10, 2025
1Assuming a Notice to Proceed date of August 12, 2025.
Task Labor
Hours
Subtotal
Labor
Subtotal
Expenses
Subtotal
Subcontracts Total
0. Meetings & Project Management 92 19,140.00$ 405.00$ -$ 19,545.00$
Check-in Meetings 12 2,524.00$ -$ -$ 2,524.00$
Phase 1 Closeout Meeting 16 3,576.00$ 405.00$ -$ 3,981.00$
Project Management 64 13,040.00$ -$ -$ 13,040.00$
1. Condition Assessment 409 80,706.00$ 20,960.00$ 71,106.00$ 172,772.00$
Dam Inspection 50 10,058.00$ 472.50$ -$ 10,530.50$
Survey 72 11,204.00$ 767.50$ -$ 11,971.50$
Structural Investigation 44 9,916.00$ 485.00$ 6,300.00$ 16,701.00$
Structural Laboratory Analysis 10 2,750.00$ -$ 2,310.00$ 5,060.00$
Structural Assessment & Report 63 16,507.00$ -$ -$ 16,507.00$
Geotechnical Investigation 90 15,670.00$ 4,495.00$ 62,496.00$ 82,661.00$
Geotechnical Laboratory Analysis 5 834.00$ 14,740.00$ -$ 15,574.00$
Geotechnical Data Report 75 13,767.00$ -$ -$ 13,767.00$
2. USFS Draft Special Use Permit Requirements 312 52,456.00$ -$ -$ 52,456.00$
Hazard Potential Classification 216 33,172.00$ -$ -$ 33,172.00$
Safety Evaluation Report 96 19,284.00$ -$ -$ 19,284.00$
3. Environmental Tasks 76 11,252.00$ 430.00$ -$ 11,682.00$
Environmental Fieldwork 25 3,665.00$ 430.00$ -$ 4,095.00$
Aquatic Resources Delineation Report 51 7,587.00$ -$ -$ 7,587.00$
Total 889 163,554.00$ 21,795.00$ 71,106.00$ 256,455.00$
Exhibit A to Profesional Services Agreement 177
Principal-in-
Charge
(Eng. IX)
Project
Manager
(Eng. IV)
Engineer X Engineer IX Engineer VII Engineer VI Engineer I Geologist II
Prof. Land
Surveyor V
Survey
Tech. VII
Env.
Specialist IX
Env.
Specialist IV
Env.
Specialist I Sub - Salisbury Sub - A-CORE
Sub - Concrete
Testing
Water/Dams Water/Dams Structural Structural Geotech. Geotech. Water/Dams Geotech. Survey Survey Enviro. Enviro. Enviro.Driller Concr. Coring Concr. Testing
19,545.00$ 405.00$ -$ 92 0.0 Meetings & Project Management
2,524.00$ -$ -$ 12 Check-in Meetings 4 8
3,981.00$ 405.00$ -$ 16 Phase 1 Closeout Meeting 8 8 300
13,040.00$ -$ -$ 64 Project Management 16 48
172,772.00$ 20,960.00$ 71,106.00$ 409 1.0 Condition Assessment
10,530.50$ 472.50$ -$ 50 Dam Inspection 18 20 12 350
11,971.50$ 767.50$ -$ 72 Survey 8 4 4 56 50 700$
16,701.00$ 485.00$ 6,300.00$ 44 Structural Investigation 2 12 20 2 8 1 300 6,000$
5,060.00$ -$ 2,310.00$ 10 Structural Laboratory Analysis 8 2 2,200$
16,507.00$ -$ -$ 63 Structural Assessment & Report 1 2 40 16 4
82,661.00$ 4,495.00$ 62,496.00$ 90 Geotechnical Investigation 2 4 10 16 8 48 2 3 4 700 2,300$ 59,520$
15,574.00$ 14,740.00$ -$ 5 Geotechnical Laboratory Analysis 1 4 14,740
13,767.00$ -$ -$ 75 Geotechnical Data Report 1 2 16 16 40
52,456.00$ -$ -$ 312 2.0 USFS Draft Special Use Permit Requirements
33,172.00$ -$ -$ 216 Hazard Potential Classification 12 44 160
19,284.00$ -$ -$ 96 Safety Evaluation Report 12 32 12 16 24
11,682.00$ 430.00$ -$ 76 3.0 Environmental Tasks
4,095.00$ 430.00$ -$ 25 Environmental Fieldwork 1 12 12 2 200
7,587.00$ -$ -$ 51 Aquatic Resources Delineation Report 1 2 4 12 32
Total Hours/Units 77 190 80 20 43 32 220 92 4 56 5 26 44 3 7 1,900 14,740.00$ 3,000.00$ 59,520.00$ 6,000.00$ 2,200.00$
Unit Rate 263$ 184$ 278$ 263$ 226$ 215$ 137$ 152$ 168$ 152$ 257$ 158$ 126$ 310.00$ 80.00$ 1.35$ 1.00$ 1.00$ 1.05 1.05 1.05
256,455.00$ 21,795.00$ 71,106.00$ 889 Amount 20,251$ 34,960$ 22,240$ 5,260$ 9,718$ 6,880$ 30,140$ 13,984$ 672$ 8,512$ 1,285$ 4,108$ 5,544$ 930.00$ 560.00$ 2,565.00$ 14,740.00$ 3,000.00$ 62,496.00$ 6,300.00$ 2,310.00$
163,554.00$
21,795.00$
71,106.00$
256,455.00$
Subtotal DOWL Labor
Subtotal DOWL Expenses
Subtotal Subconsultants to DOWL
TOTAL
256,455.00$ 21,795.00$ 71,106.00$ 889
Task
Hyalite Intake Dam Rehabilitation - Phase 1 Fee Estimate
Item Cost Expenses
Subtotal
Subcontract
Subtotal
DOWL Labor
Hours
Task
Number
Lodging
(nights)
Per Diem
(days)Mileage Laboratory
Testing
Misc.
Expenses
Exhibit B to Professional Services Agreement
178
Montana Fee Schedule
Effective July 6, 2025
Until Further Notice
1 | P a g e
MONTANA FEE SCHEDULE
Personnel Billing Rates
Personnel are identified on our invoices by name and/or labor category.
Description Rate Description Rate
Accounting Manager $194
Accounting Technician $126
Administrative Assistant $100
Administrative Manager $131
Biologist I $137
Biologist II $147
Biologist III $158
Biologist IV $168
Biologist V $215
CAD Drafter I $110
CAD Drafter II $126
CAD Drafter III $137
CAD Drafter IV $147
CAD Drafter V $158
Senior CAD Drafter $179
Civil and Transportation Designer $142
Senior Civil and Transportation Designer $179
Contract Administrator I $168
Contract Administrator II $194
Corporate Development Manager $242
Cultural Resources Specialist I $126
Cultural Resources Specialist II $147
Cultural Resources Specialist III $152
Cultural Resources Specialist IV $189
Cultural Resources Specialist V $205
Cultural Resources Specialist VI $225
Cultural Resources Specialist VII $236
Cultural Resources Specialist VIII $252
Document Production Supervisor $158
Engineer I $137
Engineer II $147
Engineer III $163
Engineer IV $184
Engineer V $205
Engineer VI $215
Engineer VII $226
Engineer VIII $236
Engineer IX $263
Engineer X $278
Engineering Technician I $105
Engineering Technician II $121
Engineering Technician III $131
Engineering Technician IV $147
Engineering Technician V $163
Engineering Technician VI $187
Environmental Specialist I $126
Environmental Specialist II $142
Environmental Specialist III $147
Environmental Specialist IV $158
Environmental Specialist V $163
Environmental Specialist VI $200
Environmental Specialist VII $221
Environmental Specialist VIII $236
Environmental Specialist IX $257
Environmental Specialist X $278
Field Project Representative I $121
Field Project Representative II $131
Field Project Representative III $163
Field Project Representative IV $179
Field Project Representative V $210
Geologist I $142
Geologist II $152
Geologist III $163
Geologist IV $184
Geologist V $215
GIS Coordinator $184
GIS Manager $194
GIS Specialist $152
Exhibit B to Professional Services Agreement
179
Montana Fee Schedule
Effective July 6, 2025
Until Further Notice
Description Rate Description Rate
2 | P a g e
GIS Technician $116
Graphic Designer $158
Senior Graphic Designer $185
Hydrogeologist I $147
Hydrogeologist II $173
Hydrogeologist III $205
Sr. Hydrogeologist $240
Intern I $89
Intern II $110
Laboratory Manager $131
Laboratory Supervisor $110
Landscape Architect I $137
Landscape Architect II $152
Landscape Architect III $168
Landscape Architect IV $184
Landscape Architect V $200
Landscape Architect VI $210
Landscape Architect VII $221
Landscape Designer I $100
Landscape Designer II $121
Marketing Assistant $110
Marketing Coordinator $147
Marketing & Administrative Manager $236
Materials Technician I $100
Materials Technician II $110
Lead Materials Technician $121
Senior Materials Technician $131
Materials Manager $137
Planner I $126
Planner II $152
Planner III $168
Planner IV $184
Planner V $200
Planner VI $210
Planner VII $221
Planner VIII $236
Planner IX $252
Planner X $294
Planning Technician $116
Professional Land Surveyor I $126
Professional Land Surveyor II $137
Professional Land Surveyor III $147
Professional Land Surveyor IV $158
Professional Land Surveyor V $168
Professional Land Surveyor VI $178
Professional Land Surveyor VII $189
Professional Land Surveyor VIII $205
Professional Land Surveyor IX $221
Professional Land Surveyor X $240
Professional Land Surveyor XI $268
Project Administrator $142
Project Assistant I $121
Project Assistant II $137
Project Controller $173
Senior Project Controller $194
Project Manager I $168
Project Manager II $184
Project Manager III $200
Project Manager IV $215
Project Manager V $231
Project Manager VI $247
Project Manager VII $263
Proposal Manager $185
Senior Proposal Manager $225
Public Involvement Assistant $121
Public Involvement Coordinator $165
Public Involvement Planner $142
Public Involvement Program Manager $210
Real Estate Services Manager $189
Right of Way Agent I $131
Right of Way Agent II $147
Right of Way Agent III $163
Right of Way Agent IV $179
Right of Way Agent V $194
Right of Way Agent VI $235
Right of Way Assistant $121
Risk Manager $210
Senior Manager I $252
Exhibit B to Professional Services Agreement
180
Montana Fee Schedule
Effective July 6, 2025
Until Further Notice
Description Rate Description Rate
3 | P a g e
Senior Manager II $273
Senior Manager III $284
Senior Manager IV $310
Senior Manager V $331
Senior Manager VI $352
Survey Technician I $95
Survey Technician II $100
Survey Technician III $105
Survey Technician IV $121
Survey Technician IX $179
Survey Technician V $126
Survey Technician VI $137
Survey Technician VII $152
Survey Technician VIII $168
Survey Technician -- Supervisor $165
Systems Administrator $163
Technical Coordinator $194
Utility Operator $152
Water Resource Specialist $205
Water Rights Specialist I $168
Water Rights Specialist II $200
Water Rights Specialist III $231
Water Rights Technician I $110
Water Rights Technician II $121
Water Rights Technician III $131
Survey Crews
One-Person Survey Crew = $168 / hour
One-Person Survey Crew GPS/Robotics = $189 / hour
Two-Person Survey Crew = $252 / hour
Two-Person Survey Crew (PLS + LSIT) = $294 / hour
Two-Person Survey Crew GPS/Robotics = $268 / hour
Three-Person Survey Crew = $368 / hour
Travel, Mileage, and Miscellaneous
Lodging = Cost per night
Airfare = Cost
Vehicle Usage – Passenger Cars = $1.15/mile
Vehicle Usage – Trucks & SUV’s = $1.35/mile
Printing/Supplies/Phone/Fax/Postage = Note 3
In-House Usage Charges = Note 4
Per Diem
Unless otherwise specified contractually, per diem will be billed when travel is more than 50 miles from the office during a meal
allowance period of three or more consecutive hours or involves an overnight stay. The three meal allowance periods are
breakfast (midnight to 10:00 a.m.), lunch (10:00 a.m. to 3:00 p.m.), and dinner (3:00 p.m. to midnight).
Per diem will be charged using the most recently published federal travel rate for each location.
•Per diem rates by city: https://www.gsa.gov/travel/plan-book/per-diem-rates
Exhibit B to Professional Services Agreement
181
Montana Fee Schedule
Effective July 6, 2025
Until Further Notice
4 | P a g e
Notes
1.DOWL’s Professional Services Fee Schedule is subject to adjustment each year or at the end of a contract period,
whichever is appropriate. Should adjustments be anticipated or required, such adjustments will not affect existing
contracts without prior agreement between Client and DOWL.
2.Straight-time rates are given. Multiply by 1.5 for overtime rates. Overtime rates will be applied at the rate prescribed
by applicable state law.
3.Direct reimbursable expenses such as travel, freight, subcontractors, and request beyond those requests considered
reasonable by the project manager for phone/fax/postage, office supplies, reproduction and photography, and
laboratory analysis will be billed at cost plus the negotiated markup.
4.In-house equipment usage charges or specialized software/equipment that are not separately stated on the fee
schedule will be negotiated at rates deemed fair and reasonable.
5.Late charges will be assessed on the unpaid balance of all accounts not paid within 30 days of the billing date, at a
rate of 1.0 percent per month (12% per year).
Exhibit B to Professional Services Agreement
182
Memorandum
REPORT TO:City Commission
FROM:Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Sign an Amendment to the Professional
Services Agreement with Baker Tilly for Municipal Advisory Services Related
to Fire Station 2 Tax Credit
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve the authorization of the City Manager to sign an amendment to the
professional services agreement with Baker Tilly for municipal advisory
services.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The Inflation Reduction Act passed in August 2022 included a Clean Energy
Investment Tax Credit program. The City has completed a solar project as
part of the Fire Station 2 construction that qualifies for a tax credit under
this program. To receive the credit the City is required to file federal form
990-T with the Internal Revenue Service. To ensure compliance with tax
filing requirements of form 990-T as well as other federal tax forms that may
be applicable to the project the City has engaged Baker Tilly tax services.
Baker Tilly has been previously contracted to provide advisory services for
the City. This engagement letter for tax compliance services for calendar
year 2024 is an amendment to the advisory contract signed in March 2025.
UNRESOLVED ISSUES:None.
ALTERNATIVES:The City could elect to file form 990-T directly with the IRS. Due to the highly
technical requirements of the program preparing form 990-T internally
increases the City's risk of non-compliance and potential IRS audit.
FISCAL EFFECTS:Tax filing and compliances services for 2024 includes a filing fee of $4,500 for
the 990-T and an additional $500 each for forms 3468, 8911, and 8936, as
applicable. The credit for this solar project is estimated at $40,000. The
filing and compliance services fee will be offset by the credit once received.
Attachments:
183
Baker Tilly Appendix E_Tax Filing & Compliance Services
2024_Solar Project - Fire Station 2.pdf
Report compiled on: July 7, 2025
184
SOW 1 - Appendix E
4.4 Tax-Exempt Compliance Form 990-T
Melissa Hodnett
Bozeman, MT, City
121 N Rouse Ave
Bozeman, Montana 59715
United States
RE: Engagement Letter for Tax Compliance Services (Exempt Organization) – Solar Project - Fire
Station 2
Dear Melissa Hodnett:
Thank you for allowing Baker Tilly Advisory Group, LP (“Baker Tilly”, “we”, “our”) to serve as your tax
accountants and advisors.
This Appendix E and the Master Services Agreement (“MSA”) effective April 8, 2025 set forth the
understanding of the nature and scope of the services to be performed and the fees we will charge for
these services. In addition, this letter delineates the responsibilities of Baker Tilly and Bozeman, MT, City
in connection with the services to be provided under this engagement.
Summary of Services
We will prepare and sign as preparer the federal Form 990-T for the tax year beginning January 1, 2024
through December 31, 2024. The Form 990-T is being filed to claim the direct pay tax credits under the
Inflation Reduction Act (IRA).
The scope of our work does not include an analysis as to whether any of your activities constitute an
unrelated trade or business. If you are engaging in any unrelated business income activities, it is your
responsibility to notify us so we can determine whether these activities are required to be reported as
well.
Our work in connection with preparing your return does not include any procedures designed to assure
continued exempt status of your organization. Exempt organizations are at risk of losing exempt status if
they engage in transactions that are considered private benefit or private inurement transactions. The
client organization and its officers may be subject to certain penalties for transactions that result in an
excess benefit transaction pursuant to the intermediate sanctions rules as provided in the Internal
Revenue Code and regulations promulgated thereunder. Our work in connection with preparing your
return does not include any procedures designed to assure that private benefit and private inurement
transactions do not exist; and does not assure the prevention of intermediate sanctions.
In certain cases, Form 990-T is subject to public disclosure and therefore is open to review by the general
public. You have the final responsibility for reviewing each item on your return which may be subject to
public disclosure. If a special analysis of private benefit, private inurement or intermediate sanctions is
requested by the Organization, such services will require a separate engagement letter specifically
identifying the scope of such procedures.
185
Appendix E
Unless otherwise agreed to in writing, you will be responsible for preparing and filing all other tax or
information returns required to be filed with the applicable authorities including, for example, city and
county income or gross receipts filings, payroll tax filings, sales and use tax filings, information reporting
filings, secretary of state annual corporate renewal forms, etc.
Additional Services
During the time period covered by this Appendix E you may request that we provide services outside the
original scope of this engagement. Any such “Additional Services” may be provided under the authority of
the MSA and this Appendix E where the fee associated with the requested project or service is expected
to be less than $10,000, provided it is not a specifically “Out of Scope Service.” Out of Scope Services
and tax consulting services that require a separate engagement letter, regardless of the anticipated fee,
include but are not limited to:
•Amended tax filings for any prior tax years, including the tax year for this engagement letter.
•Asset and investment sale consultations involving more than $100,000 in proceeds.
•Consulting on current and future transactions, including structuring and due diligence.
•Consultations related to the formation and/or restructuring of business holdings.
•R&E credit consulting and/or computations
•State nexus studies
•Federal or state tax controversy assistance
•International tax
•Organizational tax issues
Any professional services outside the scope of this Appendix E as defined above must be mutually
agreed to and delineated in written or electronic communication.
If you request that we provide personal financial planning services, such services are subject to Additional
Disclosures, which are enclosed with this letter.
Your Assistance
It is your responsibility to provide all the information required for the preparation of complete and accurate
returns. You agree to bring to our attention any matters that may reasonably be expected to require
further consideration to determine the proper tax treatment of such matters. You also agree to bring to our
attention any changes in the information as originally provided to us as soon as such information
becomes available.
You represent that the information you are supplying to us is accurate and complete to the best of your
knowledge. and that any expenses for meals, entertainment, travel, business gifts, charitable
contributions, dues and memberships, vehicle use, etc. are supported by records as required by law. You
should retain all documents, canceled checks and other data that support income and deductions
reported on your returns. These may be necessary to prove the accuracy and completeness of the
returns to a taxing authority. You have the final responsibility for the income tax returns and, therefore,
you should review them carefully before you sign them. We will not audit or otherwise verify the data you
submit, although it may be necessary to ask you to clarify some of the information. To the extent
information that you provide is incorrect, incomplete, or has other errors, we are not responsible for how
those errors impact the correctness of the return. Our work in connection with the preparation of your
income tax and/or information returns does not include any procedures designed to discover defalcations,
irregularities or abusive tax shelter transactions, should any exist.
Timing
We will complete the preparation of the tax return so it can be timely filed by May 15, 2025 or filed by the
extended due date of the respective tax return. In the event unforeseen circumstances occur that impact
our ability to meet the final completion date, we will contact you to discuss an acceptable revised
186
Appendix E
completion date.
Fees
Our fee for this engagement will be as follows:
Explanation of Work Fee
Form 990-T including the direct pay election and first federal IRA tax
credit form (Forms 3468, 8911, and 8936), as applicable $4,500
Additional federal Forms 3468, 8911 and 8936 as required for multiple
projects and vehicle acquisitions $500/filing
For any Additional Services covered by this Appendix E, you will pay Baker Tilly a fee based on our
standard hourly rates for the level of staff performing the services.
In addition to our professional fees summarized above, our invoices will include a 5% administrative fee
for software, technology, and data security charge, plus travel and subsistence and other out-of-pocket
expenses related to the engagement. Interim billings will be submitted on a monthly basis as work
progresses and expenses are incurred. Our invoices are due and payable upon receipt.
In the event we believe an additional fee is required as the result of an unforeseen difficulty in completing
the assignment, a change in the underlying facts or law or your failure to provide complete information
and timely assistance, we will inform you promptly and agree on a revised fee with you at that time.
Engagement-Specific Terms and Conditions
The following terms and conditions are in addition to, and not in lieu of, the terms and conditions included
in the Agreement to which this SOW Appendix is attached. Should there be any conflict between the
terms of the Agreement and the terms listed below, the terms below shall govern.
1.Responsibilities of Client
a.To ensure an effective and efficient engagement, Client agrees to provide Baker Tilly with all
information requested, in a timely manner, and to provide any reasonable assistance as
may be required to properly perform the engagement. In performing services under this
Agreement, Baker Tilly will rely upon Client personnel for the accuracy and completeness of
its records and all other information supplied to us, without independent investigation or
verification. Inaccuracy, incompleteness, or tardiness in the delivery of information to Baker
Tilly, whether or not Client personnel knew or should have known that such information was
not complete, accurate or current, could have a material effect on tax returns, our
conclusions and the fee for services.
b.US Treasury Regulations require taxpayers to disclose any tax strategy or transaction that
the IRS identifies as: 1) a Listed Transaction; 2) substantially similar to a Listed Transaction;
or 3) any other Reportable Transaction. In addition, certain states have similar disclosure
requirements. Noncompliance with these rules may result in significant penalties. Client
agrees to inform Baker Tilly of participation in any such transactions.
c.Client agrees to file with Client’s tax returns the forms as prepared by Baker Tilly. Client
agrees that Baker Tilly assumes no responsibility and has no liability for any forms altered by
Client prior to filing with the taxing jurisdiction. Client is responsible for the timely filing of the
forms Baker Tilly prepares and agrees to inform us in writing of any failure to timely file the
forms with Client’s related tax returns.
d.Most tax returns require signatures, under penalty of perjury, by the taxpayer or an officer of
187
Appendix E
the taxpayer affirming that the tax returns and the accounting schedules and statements are
true, correct and complete to the best of his or her knowledge. Client is responsible for
understanding and agreeing with the various amounts, computations and statements made
in the tax returns and accepts responsibility for the results of the tax services rendered.
Baker Tilly’s services may include advice and recommendations, but all decisions in
connection with the implementation of such advice and recommendations shall be the
responsibility of, and made by, Client. Baker Tilly will not perform any management functions
or make management decisions for Client in connection with this engagement.
e.Client is required to maintain and retain adequate documentation to support the tax returns
as filed as penalties can be imposed by taxing authorities for the failure to produce adequate
documentation supporting the items included in a tax return. Baker Tilly has no responsibility
or liability for Client's failure to maintain adequate documentation.
f.Official IRS guidance for IRA22 has been issued as of the date of this SOW. Baker Tilly is
performing the services consistent with current prevailing guidance and interpretation under
IRA22 and will continue to monitor FAQs and subsequent guidance issued by the IRS. Client
accepts and acknowledges that Baker Tilly makes no guarantees that the IRS will issue a tax
credit and/or Client will receive or be able to utilize such tax credit.
2.Responsibilities of Baker Tilly
a.Baker Tilly's services under this Agreement are subject to and will be performed in
accordance with Treasury Department Circular 230, the American Institute of Certified
Public Accountants (AICPA) and other professional standards applicable to tax services. We
disclaim all other warranties, either express or implied.
b.Baker Tilly will perform these services on the basis of the information you have provided and
in consideration of the applicable tax laws, regulations and associated interpretations as of
the date the services are provided. Tax laws and regulations and/or their interpretation are
subject to change at any time, and such changes may be retroactive in effect and may be
applicable to advice given or other services rendered before their effective dates. Baker Tilly
has no responsibility or liability for such changes occurring after the completion date of this
engagement.
c.Client acknowledges and agrees that any advice, recommendations, information or work
product provided to Client by Baker Tilly in connection with this Agreement is for the sole
use of Client and may not be relied upon by any third party. Baker Tilly has no liability or
responsibility to any third parties as a result of this Agreement.
d.Tax returns and other filings are subject to examination by taxing authorities. Baker Tilly will
be available to assist Client in the event of an audit of any issue for which Baker Tilly has
provided services under this Agreement. Fees for these additional services will be
communicated in a separate SOW.
e.The services performed under this Agreement do not include the provision of legal advice
and Baker Tilly makes no representations regarding questions of legal interpretation. Client
should consult with its attorneys with respect to any legal matters or items that require legal
interpretation, under federal, state or other type of law or regulation.
f.Baker Tilly may utilize the services of independent contractors in providing services to Client.
All such third parties are bound by the same confidentiality requirements as Baker Tilly and
its employees. Client hereby consents to disclosure of confidential information necessary to
the provision of the related services.
g.Subject to the “Other Disclosures” section above and any other similar provisions regarding
188
Appendix E
conflicts and professional responsibilities, nothing in this Agreement prevents Baker Tilly from
providing services to other clients.
3.Beneficial Ownership Information Reporting
a.The Corporate Transparency Act (“CTA”) imposes new reporting requirements on most
small businesses, including those that may be reported on Schedule C of the Form 1040. All
domestic and foreign entities formed or registered to do business in the United States are
subject to filing requirements unless they meet one of the explicitly stated exceptions.
Affected companies will be required to submit a Beneficial Ownership Information (“BOI”)
reporting form with the Financial Crimes Enforcement Network (“FinCEN”). The report
requires companies to provide identifying information on beneficial owners and company
applicants. As of Jan. 1, 2024, filings for newly formed entities are due within 30 days of
formation; however, the initial filing deadline for existing companies is Jan. 1, 2025.
Companies are also required to file updated BOI reports.
b.Consultations and preparation of reports related to the BOI reporting requirements are
services that are considered to involve the practice of law. As such Baker Tilly will not be
responsible for advising you regarding the legal or regulatory aspects of your company’s
compliance with the CTA, nor will Baker Tilly be responsible for the preparation or
submission of any BOI reports to FinCEN. If you have any questions regarding your
compliance with the CTA, we encourage you to consult with qualified legal counsel.
4.Third Party Service Providers and Tax Return Information Disclosure Consent
a.Baker Tilly is committed to protecting the privacy and confidentiality of Client's tax return
information. Baker Tilly is also committed to providing Client with comprehensive, integrated
services that enhance and protect Client's value. To optimize Baker Tilly's service delivery
and the results Baker Tilly is able to provide, Baker Tilly would like to obtain Client's consent
to use and disclose Client's tax return information for various purposes of benefit to Client, as
detailed below.
b.For any business taxpayer subject to this Agreement, the Section 7216 consent is contained
in the body of the letter immediately below. Please read the consent below carefully before
executing. Client is not required to execute this consent to engage Baker Tilly’s tax return
preparation services, and Baker Tilly is not conditioning Baker Tilly’s provision of services on
Client’s consent. For the avoidance of doubt, by signing this SOW, Client is providing your
consent to allow Baker Tilly to use the tax return information with respect to Client’s
business for the purposes identified below. Client may request to limit the tax return
information disclosed or used, and to limit the consented uses and disclosures. Client may
terminate consent at any time by providing written notice to Baker Tilly.
I.R.C. § 7216 Client Consent to Disclosure and Use of Tax Return Information (Non-1040)
I authorize Baker Tilly Advisory Group, LP (“Baker Tilly”) to use and disclose all of Taxpayer’s
tax return information for the purposes identified below. I authorize Baker Tilly to use Taxpayer’s
tax return information for the following purposes:
•To identify and suggest useful information and services, including attest services, non-tax
services such as audit services, financial services, investment advisory services, and
consulting services, and additional tax services such as advanced federal and state
income tax, indirect tax credits & incentives, international tax, and industry-specific
services, and to determine whether such information and services would be valuable to
you.
189
Appendix E
•To aggregate and anonymize tax return information to analyze, deliver, support,
optimize, communicate, and market our services and to allow us to provide you and
others with other helpful information.
I authorize Baker Tilly to disclose Taxpayer’s tax return information to all Baker Tilly national and
international affiliates (including officers, employees, or members thereof who may be located
outside the United States; together, “Baker Tilly Entities”) and contractors inside and outside the
United States providing administrative, tax return preparation and ancillary services (“Outsource
Providers”) for the following purposes:
•To enable Baker Tilly Entities and Outsource Providers to provide administrative, tax
return preparation and ancillary services for Baker Tilly on behalf of Taxpayer.
•To enable Baker Tilly Entities to identify and suggest useful information and services,
including attest services, non-tax services such as audit services, financial services,
investment advisory services, and consulting services, and additional tax services such
as advanced federal and state income tax, indirect tax credits & incentives, international
tax, and industry-specific services, and to determine whether such information and
services would be valuable to you.
This consent will remain in effect until and unless revoked by written notice of Taxpayer.
5.Copies of Our Work Product
You have the right to review and/or be supplied with copies of any and all tax planning or research
memoranda and work papers prepared by our firm related to this engagement. The scope of this
engagement is not intended to rise to the level at which we will issue a formal tax opinion to you.
Therefore, all written tax advice provided under this engagement letter will contain the following
legend:
Tax information, if any, contained in this communication was not intended or written to be used
by any person for the purpose of avoiding penalties, nor should such information be construed
as an opinion upon which any person may rely.
6.Audit Defense
Your returns may be selected for review by the taxing authorities. Any proposed adjustments by
the examining agent are subject to certain rights of appeal. In the event of such government tax
examination, we will be available upon request to represent you at our standard hourly rates.
Please note we cannot make, nor provide, any guarantee with respect to any proposed
adjustments by a taxing authority. Any such audit defense work shall be covered under the terms
of a separate engagement letter.
7.Additional Work Due to Tax Law Changes
Congress and Treasury continue to revise the tax law, as well as issue additional guidance and
rules relating to the law changes. Any such guidance or legislative changes have the potential to
impact tax positions on your return and may require additional analysis and computations. Our
fee associated with any additional time that we spend on such issues will be based on our
standard hourly rates for the level of staff performing the services. Before we begin any
incremental work, we will provide an estimate of the additional fees expected to be incurred.
190
Appendix E
8.Tax Return Preparer Standards, Reporting, Disclosure, Privacy, and Related Matters
a.Prior to engaging our services in preparation of tax returns, it is important you are aware of
the standards that will be applied to preparing, signing and filing such returns. Internal
Revenue Code (IRC) section 6694 and the related Treasury Regulations provide that a tax
return preparer may sign a tax return only if there is substantial authority for all tax positions
reflected in the return, or alternatively, there is disclosure of any position that has a
reasonable basis but lacks the support of substantial authority. This standard corresponds
with the taxpayer standard that relates to the avoidance of a penalty for a substantial
understatement of tax. Positions claimed on a tax return that lack a reasonable basis could
subject taxpayers to a substantial understatement of tax penalty, even if such positions are
disclosed on their returns. Professionals cannot sign returns with positions that lack a
reasonable basis.
b.With respect to any transaction deemed to be a tax shelter there is a higher minimum
standard of “more-likely-than-not” which must be satisfied for any benefits to be claimed on
a tax return. Disclosure of the position does not remove this minimum standard for tax
shelter positions.
c.As a result of the existence of these standards, our professional standards and related due
diligence may require us to evaluate all positions to be reflected on your federal tax returns
to determine if such positions meet the substantial authority standard discussed above. As
noted above, certain positions may be required to be disclosed to the federal, and in some
cases, the state tax authorities.
d.It is not possible for us to know in advance whether any positions to be reflected on your
return may require additional analysis. Therefore, we cannot estimate in advance the
additional amount of fees which may be associated with any such effort if it becomes
necessary. We will, however, advise you of any positions which require additional analysis
and discuss the associated fees with you prior to undertaking the additional effort required to
reach a conclusion in compliance with these standards.
e.The federal government requires U.S. persons which have any interest in, or signature
authority over, a foreign bank, securities, or other financial account to report such interest on
Form 114, Report of Foreign Bank and Financial Accounts (formerly Form TD F 90-22.1), if
the aggregate value of such accounts exceeds $10,000 at any time during the year. U.S.
persons include U.S. citizens, U.S. residents and entities including, but not limited to
corporations, partnerships or limited liability companies created or organized in the U.S. or
under the laws of the U.S., and trusts and estates formed under the laws of the U.S. Please
inform Baker Tilly if Client has any foreign bank accounts, activities, or investments, so that
Baker Tilly can discuss how it can help Client comply with the law.
f.Revised (IRC) section 7216 and the related Treasury Regulations prescribe a penalty for
any tax return preparer that uses or discloses tax return information without securing the
consent of the taxpayer prior to any such use or disclosure. Should Client request that any
tax information be provided to a third party, Baker Tilly can provide the information directly to
Client, and Client can provide the information to the third party, or Baker Tilly can provide
the information directly to the third party. If Client requests that Baker Tilly provide the
information directly to a third party, a specific and detailed written consent with Client's
signature will be required to be furnished to Baker Tilly prior to the release of any tax return
information. Baker Tilly will bill Client for the time necessary to draft the consent, obtain
191
Appendix E
Client's signature and satisfy Client's request to provide tax information directly to a third
party.
g.The advice Baker Tilly renders may result in one or more positions that will be reflected on
Client's federal tax returns. Taxpayers will not be subject to an underpayment of tax penalty
if each position taken on the return has substantial authority. Positions that lack substantial
authority but have a reasonable basis may be claimed on the tax return if such positions are
disclosed to the IRS. Positions that lack a reasonable basis claimed on a tax return could
subject taxpayers to a substantial understatement of tax penalty, even if such positions are
disclosed on their returns. The higher more-likely- than-not standard for reportable
transactions remains. Regardless of disclosure, any position or transaction deemed to be a
reportable transaction must meet the more-likely-than-not confidence level in order to avoid
penalties. Baker Tilly will inform Client of the level of confidence Baker Tilly may have
regarding all such positions.
We look forward to working with you to complete this important project. If this engagement letter correctly
describes the engagement, please sign and return it to us. Please retain a copy for your files. If you have
any questions or comments regarding the terms of this engagement letter, please don’t hesitate to
contact us.
Sincerely,
Robert Moczulewski, Director
BAKER TILLY ADVISORY GROUP, LP
Acknowledgement
The services and terms as set forth in this Appendix E and the MSA to which this is attached or
incorporated by reference are agreed to by:
Baker Tilly Advisory Group, LP Bozeman, MT, City
Signature:
[bakerTillyAppendixESignerSignature_NTGUBBH]
Signature: [clientSignerSignature_fX7tHfW]
Name:
[bakerTillyAppendixESignerName_2OBSeXB]
Name: [clientSignerName_CPuVXQu]
Title:
[bakerTillyAppendixESignerTextField_5ECCq1H||1]
Title: [clientSignerTextField_5m0EskR||2]
Date:
[bakerTillyAppendixESignerDateField_SlEzLcS]
Date: [clientSignerDateField_HUQOx6T]
192
Memorandum
REPORT TO:City Commission
FROM:Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Sign an Amendment to the Professional
Services Agreement with Baker Tilly for Municipal Advisory Services for
Arbitrage Rebate Compliance
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve the authorization of the City Manager to sign an amendment to the
professional services agreement with Baker Tilly for municipal advisory
services.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Internal Revenue Code of 1986, as amended by the Treasury Regulations
applicable to Debt requires issuers of tax-exempt bonds to ensure
compliance with arbitrage rebate requirements. Arbitrage rebate
compliance ensures that issuers of tax-exempt bonds don't profit unfairly
from investing bond proceeds at a higher yield than the bond's interest rate.
This involves calculating the amount of excess earnings from the tax-exempt
bonds, if any, as well as determining compliance with yield restriction rules,
which limit how much issuers can earn on invested bond proceeds.
UNRESOLVED ISSUES:None.
ALTERNATIVES:The City could elect to perform the calculations internally. Arbitrage rebate
calculations can be highly technical and if done incorrectly may result in the
loss of a bond's tax-exempt status.
FISCAL EFFECTS:Arbitrage compliance services are billed at standard billing rates based upon
actual time and expenses incurred by Baker Tilly. The standard hourly rate
for the CPA performing the calculation is $290-$440. The costs of these
services are included in the finance operating budget.
Attachments:
Baker Tilly Appendix_Arbitrage Compliance_Fiscal Year
2025.pdf
193
Report compiled on: July 7, 2025
194
SCOPE APPENDIX to
Engagement Letter dated: April 8, 2025
Between City of Bozeman, Montana, and
Baker Tilly Advisory Group, LP
P a g e 1 | 4
(Scopev20250401)
RE: Arbitrage Services
DATE: July 18, 2025
This Scope Appendix is attached by reference to the above-named engagement letter (the Engagement Letter)
between the City of Bozeman, Montana (the Client) and Baker Tilly Advisory Group, LP (Baker Tilly).
SCOPE OF WORK
Baker Tilly will perform the following services:
A. Arbitrage Services
Arbitrage Reporting
Baker Tilly shall, based on information supplied by the Client, make rebate and yield reduction calculations
(while taking into consideration applicable exceptions) required by Section 148 of the Internal Revenue
Service (IRS) Code and related U.S. Treasury regulations with respect to specified Debt Obligations for the
reporting period designated for any such Debt Obligation. Baker Tilly shall prepare for submission by the
Client the form(s) with which to submit any payment amount due to the IRS relative to each specified Debt
Obligation. Periodically, Baker Tilly may provide the Client with a listing of the specified Debt Obligations
and the reporting period designated for any such Debt Obligation (an Authorization Listing) to confirm the
scope of the ongoing arbitrage services. Exhibit A reflects the Authorization Listing as of the date of this
Scope Appendix.
The Client agrees to timely provide Baker Tilly with accurate information concerning cash and investment
activity within all funds relative to the subject Debt Obligations. The information to be provided shall include:
1. Transaction ledgers that detail deposits and withdrawals of proceeds or money from other sources
within any funds subject to the IRS arbitrage rules;
2. Payments of principal and interest on the Debt Obligations; and
3. All investment activity including:
a) Date of purchase or acquisition;
b) Purchase price of investments including any accrued interest;
c) Face amount and maturity date;
d) Stated rate of interest;
e) Interest payment dates;
f) Date of sale, transfer, or other disposition;
g) Sale or disposition price; and
h) Accrued interest due on the date of sale or disposition.
4. The Client will provide copies of Debt Obligation offering or legal documents, including, but not limited
to, the official statement, the information return filed upon issuance (Form 8038 or 8038-G), the
arbitrage certificate, verification report and the bond ordinance/trust indenture.
5. Any other information necessary for Baker Tilly to make the calculations required for the specified Debt
Obligation.
195
SCOPE APPENDIX to
Engagement Letter dated: July 18, 2025
Between City of Bozeman, Montana, and
Baker Tilly Advisory Group, LP
P a g e 2 | 4
(Scopev20250401)
The Client is responsible for notifying Baker Tilly of any of the following:
additional or subsequent Debt Obligations that would require arbitrage services;
redemptions/refundings of Debt Obligations that would affect the reporting period designated in the
most recent Authorization Listing.
If the Client fails to provide any requested information in a timely and complete manner, Baker Tilly shall not
be responsible for any delays in reporting timelines or missed deadlines.
Our engagement will not include verifying that: the Client’s allocations of gross proceeds to purpose
expenditures as reflected in the transaction ledgers were proper; investments were purchased at market
price; no amounts were paid to any party in order to reduce the yield on any investment; investments are
accurately identified in the transactions ledgers as tax-exempt, the Debt Obligation was appropriately
structured or qualified as a tax-exempt offering; or information provided to us is complete and accurate.
During the performance of these procedures, it may become necessary for us to consult with your bond
counsel and/or obtain information from them concerning interpretations of the above information as affected
by applicable sections of the Internal Revenue Code.
Subsequent changes in official interpretations of the tax law may require or permit revision of calculations
by requiring or permitting a different methodology for the calculation of arbitrage rebate and yield reduction.
We will be under no obligation to update our report for any events occurring, or data or information coming
to our attention, subsequent to the issuance of our report.
Calculation and payment of any arbitrage rebate liability and yield reduction payment due is the
responsibility of the Client. As such, management has the primary responsibility for the arbitrage rebate
and/or yield reduction payment return which the Client may be required to file. You should review the report
and calculations carefully upon receipt.
COMPENSATION AND INVOICING
Fees for services set forth in the Scope Appendix will be billed at standard billing rates based upon the actual
time and expenses incurred:
Standard Hourly Rates by Job Classification
9/1/2024
Title Hourly Rate
Principals / Directors $420 - $660
Managers / Senior Managers $290 - $440
Consultants / Analysts / Senior Consultants $185 - $300
Support / Paraprofessionals / Interns $115 - $195
*Billing rates are subject to change periodically due to changing requirements and economic conditions. The
Client will be notified thirty (30) days in advance of any change to fees. If Client does not dispute such
change in fees within that thirty (30) day period, Client will be deemed to have accepted such change. The
fees billed will be the fees in place at the time services are provided. Actual fees will be based upon
experience of the staff assigned and the complexity of the engagement.
The above fees shall include all expenses incurred except for direct, project-related expenses such as travel
costs.
196
SCOPE APPENDIX to
Engagement Letter dated: July 18, 2025
Between City of Bozeman, Montana, and
Baker Tilly Advisory Group, LP
P a g e 3 | 4
(Scopev20250401)
BILLING PROCEDURES
Normally, you will receive a monthly statement showing fees and costs incurred in the prior month.
Occasionally, we may bill on a less frequent basis if the time involved in the prior month was minimal or if other
arrangements are made. The account balance is due and payable on receipt of the statement.
Nonattest Services
As part of this engagement, we will perform certain nonattest services. For purposes of the Engagement Letter
and this Scope Appendix, nonattest services include services that the Government Auditing Standards refers to
as nonaudit services.
We will not perform any management functions or make management decisions on your behalf with respect to
any nonattest services we provide.
In connection with our performance of any nonattest services, you agree that you will:
Continue to make all management decisions and perform all management functions, including approving all
journal entries and general ledger classifications when they are submitted to you.
Designate an employee with suitable skill, knowledge, and/or experience, preferably within senior
management, to oversee the services we perform.
Evaluate the adequacy and results of the nonattest services we perform.
Accept responsibility for the results of our nonattest services.
Establish and maintain internal controls, including monitoring ongoing activities related to the nonattest
function.
Conflicts of Interest
Attachment A to the Engagement Letter contains important disclosure information that is applicable to this
Scope Appendix.
We are unaware of any additional conflicts of interest related to this Scope Appendix that exist at this time.
Termination
This Scope Appendix will terminate according to the terms of the Engagement Letter.
197
SCOPE APPENDIX to
Engagement Letter dated: Juy 18, 2025
Between City of Bozeman, Montana, and
Baker Tilly Advisory Group, LP
P a g e 4 | 4
(Scopev20250401)
If this Scope Appendix is acceptable, please sign below and return one copy to us for our files. We look forward
to working with you on this important project.
Sincerely,
BAKER TILLY ADVISORY GROUP, LP
Christina L. Cromer, Managing Director
Signature Section:
The services and terms as set forth in this Scope Appendix are agreed to on behalf of the Client by:
Name: ______________________________
Title: ______________________________
Date: ______________________________
198
(Authorization Listing Dated 7.18.2025) Page AL - 1 | 1
Exhibit A
Arbitrage Services
Authorization to Engage Services (Authorization Listing)
This Authorization Listing is pursuant to the Arbitrage Services Scope Appendix (Scope Appendix) dated July
18, 2025 by and between the City of Bozeman, Montana (the Client) and Baker Tilly Advisory Group, LP (Baker
Tilly). Baker Tilly will provide the services outlined in the Scope Appendix with respect to the following Debt
Obligation(s) unless written notification is provided to Baker Tilly that the Client will not require these services
within 30 days of receipt of this Authorization Listing:
Bond Issue Closing
Date
Frequency
$4,001,000 Special Improvement District Bonds, Series 2020 8/14/2020 5th Year
$6,730,000 General Obligation Bonds, Series 2022 (Fire Station 2) 6/30/2022 Annual
$2,280,000 General Obligation Bonds, Series 2024A (Bozeman Swim
Center, Bogert Pool and Lindley Center) 4/16/2024 Annual
$3,930,000 General Obligation Bonds, Series 2024B (Bozeman Swim
Center, Bogert Pool and Lindley Center) 4/16/2024 Annual
199
Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Shawn Kohtz, Utilities Director
SUBJECT:Authorize the City Manager to sign Task Order Number 1 for the Right of
Way Acquisition Project with Clear Route Real Estate, LLC for properties
necessary to construct the Gooch Hill Lift Station
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Task Order Number 1 for the Right of
Way Acquisition Project with Clear Route Real Estate, LLC for properties
necessary to construct the Gooch Hill Lift Station.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy of Task Order Number 1 with Clear Route Real Estate, LLC
for the Right of Way Acquisition Project under the Professional Services
Agreement for Streets and Utilities Land Agent Service FY2026-FY2028. This
task order includes acquisition services to obtain land for the installation of
the Gooch Hill Lift Station.
The design phase services for the Gooch Hill Lift Station are included in the
approved FY26 budget. The Wastewater Facility Plan calls for the lift station
to be installed near the intersection of Harper Pucket Road and Valley
Center Drive. At this time, the City doesn’t have any property in this area to
install the lift station. This acquisition will be completed in two phases. The
first phase will review three different property locations near the
intersection to determine which will be the most suitable for the project.
The second will be to acquire the real property interests to allow the
installation of the lift station.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:The proposed fee for this scope of work is paid on a time and materials basis
with a total cost not to exceed amount of $9,530.00. The Gooch Hill Lift
Station project is included in the FY26 approved budget at $1,500,000.
200
Attachments:
Task Order 1 2025-7-7.pdf
Report compiled on: July 17, 2025
201
July 7, 2025
Shawn Kohtz, PE
City of Bozeman
20 East Olive St.
Bozeman, MT 59715
Subject: City of Bozeman Buyers Agent for R/W FY 2025 - FY 2026
Project Scope of Services – Task Order #1
NW Sewer Lift Station
Dear Shawn,
Clear Route Real Estate is pleased to submit this proposal to provide services for the project
referenced above, as outlined in the attached Exhibit A. If the terms of this proposal are
acceptable, please indicate your approval by signing and dating the signature page.
This document outlines the agreement between the City of Bozeman (the “Client”) and Clear
Route Real Estate. The Professional Services Agreement for Realty Professionals, under which
Clear Route Real Estate will serve as the City’s Buyer’s Agent for right-of-way acquisition during
FY 2025 – FY 2026, is hereby incorporated into and made an integral part of this contract.
Project Intent
We understand the City of Bozeman is considering locations for a new sewer lift station located
in the NW area of Bozeman in the near future. As part of the evaluation process, the City has
requested right-of-way (R/W) acquisition services, to be completed in two phases. The first
phase will be to review three different property locations to determine which property will best
suit the project needs, as shown on Exhibit B attached. The second phase will be to conduct
acquisition services to acquire real property interests to allow the City to construct a new sewer
lift station. Clear Route will coordinate with three identified properties and will conduct
negotiations with the identified property, further detailed on the attached Exhibit A.
Thank you for including our team to assist with this project. Feel free to call me at 406-208-7919
if you have any questions regarding this proposal. If it meets your approval, please mail or email
this signed and dated agreement to our office at P.O. Box 6162, Bozeman, MT 59771 or
tgaddo@clearroute-re.com. Thank you.
Sincerely,
Clear Route Real Estate
Tony Gaddo, P.E., REALTOR®
Senior R/W Consultant, Broker/Owner
Enclosures
202
NW Sewer Lift Station
Page | 1 7/3/2025
EXHIBIT A
Scope of Services
The scope of services is detailed below.
1. Project Research
a. Obtain and review available preliminary design plans and project documentation
b. Coordination meeting with the project team members
c. Obtain current deeds and ownership information for the selected property for
R/W acquisition
2. Initial Property Owner Contact
a. Compile contact information for three (3) parcels
b. Initiate contact with owners of three (3) parcels of land to begin acquisition
discussions to determine which parcel to acquire R/W from
3. Title Commitments
a. Title commitments will be secured for the selected property requiring permanent
property acquisition
b. Team coordination
4. Appraisals and Valuations
a. Full appraisal narrative reports are not included in this scope of services
b. One waiver valuation will be completed for simple property acquisitions by Clear
Route for the selected property
c. Team coordination
d. QA/QC of valuation documents
5. Prepare Contracts
a. Prepare deed/easement/construction permit agreements for the selected
property, as required
b. TD&H is completing the project’s survey and engineering design. TD&H will
prepare and provide necessary R/W exhibits with legal descriptions for
acquisition areas for the selected property, as needed. R/W exhibits will be
stamped by a professional land surveyor.
c. Clear Route will prepare acquisition documents including graphics, figures,
maps, letters, and project information
d. Prepare acquisition cost details and summary
e. QA/QC of documents
6. Acquisitions
a. Conduct acquisition meetings with property owners of the selected property
(minimum of 3 meetings)
b. Prepare final acquisition documents
c. Prepare final acquisition costs
d. QA/QC of documents
7. Title Clearing and Closing
203
NW Sewer Lift Station
Page | 2 7/3/2025
a. Prepare final title transfer documents, and schedule closing date for the selected
property
b. Obtain mortgage releases, clear taxes and leans, as required
c. Submittal of completed R/W acquisition offer packages to the City for review and
execution
d. Team coordination
e. Attend closing meetings
8. Final Submittal and Closeout
a. Prepare R/W acquisition project submittal packet
b. Deliver completed title transfer documents
c. QA/QC of deliverables
Schedule
Clear Route Real Estate and the Client will work together to create a schedule outlining key
milestones for starting and completing the project. This schedule will reflect realistic timeframes
for services provided by Clear Route and the Client’s other consultants and will incorporate
anticipated review and approval periods by the Client and any governing agencies. The
schedule will remain flexible and may be revised throughout the project to accommodate
changes in scope or design, or to address delays or other factors outside Clear Route Real
Estate’s control.
Budget and Invoicing
Clear Route will bill for its services on a time-and-materials basis with a total cost not to exceed
$9,530.00. Clear Route will begin work once this agreement has been signed by both parties.
Right-of-Way Acquisition Services
1. Project Research $360.00
2. Initial Property Owner Contact $1,390.00
3. Title Commitments $960.00
4. Appraisals and Valuations $1,550.00
5. Prepare Contracts $1,240.00
6. Acquisitions $3,100.00
7. Title Clearing and Closing $620.00
8. Final Submittal and Closeout $310.00
Total $9,530.00
Clear Route Real Estate will submit monthly invoices to the Client for services performed during
the prior billing period, typically aligning with the calendar month and spanning approximately
30 days.
204
NW Sewer Lift Station
Page | 3 7/3/2025
Each invoice will itemize, as applicable, charges based on time or unit rates, as well as any
costs for subcontracted consultants and reimbursable expenses. Invoices will be issued
promptly following the end of each billing period and will be due upon receipt by the Client.
____________________________________________________________________________
This Task Order is dated ________________, 20___ between City of Bozeman, Montana (City)
and Clear Route Real Estate (Contractor).
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 CLEAR ROUTE REAL ESTATE, LLC
By: _______________________________ By: _______________________________
Print Name: ________________________ Print Name: ________________________
Print Title: __________________________ Print Title: __________________________
Date: ______________________________ Date: ______________________________
205
Exhibit B Page 1 of 1 (1) Current Project Information PROJECT NO.: TBD PROJECT NAME: NW Sewer Lift Station PARCEL NO.: Options A, B, & C (2) RECORD OWNER: TBD Notes: Aerial image locations are approximate and may not be exact. Refer to easement exhibits for detail. East Valley Center Road Harper Pucket Road OPTION C OPTION A OPTION B 206
Memorandum
REPORT TO:City Commission
FROM:Gail Jorgenson, GIS Program Manager
Jon Henderson, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign Amendment 1 to the Professional
Services Agreement for Geographic Information Systems (GIS) Services for
the Purpose of Amending the Scope of Service
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to the Professional
Services Agreement for Geographic Information Systems (GIS) Services for
the Purpose of Amending the Scope of Service
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:On June 4, 2024, the City Commission approved a Professional Services
Agreement with NV5 Geospatial, Inc. for Geographic Information System
(GIS) Services.
This Amendment updates the Scope of Services to add additional services
related to Phase 2 - Stage 1, to include governance planning, enterprise
upgrade implementation planning, data management & cleanup,
infrastructure planning, and the initiation of a user training framework.
This work builds on the needs assessment completed during Phase 1, and is
critical for the continued success of the City's GIS program.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:Costs associated with this Amendment ($52,500) are currently allocated in
the FY26 approved Strategic Services Department budget.
Attachments:
First Amendment to Professional Service Agreement for
207
Professional Geographic Information Systems (GIS)
Services.pdf
Report compiled on: July 11, 2025
208
FIRST Amendment to Professional Services Agreement for Professional Geographic Information (GIS) Systems FY 2026 – FY 2027 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Professional Geographic Information System (GIS) Services dated the 4th day of June 2024
(the “Agreement”) is made and entered into this _____ day of ____________, 202_, by and
between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and NV5 GEOSPATIAL, INC., hereinafter referred to as
“Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Scope of Services See Attachment 1
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
209
FIRST Amendment to Professional Services Agreement for Professional Geographic Information (GIS) Systems FY 2026 – FY 2027 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 NV5 GEOSPATIAL, INC.
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
210
10033 MLK Street N, Suite 200
Saint Petersburg, FL 33716
Phone: 877.294.6434
ArcGIS Roadmap Phase 2 – Stage 1
June 26, 2025
Prepared For:
City of Bozeman, MT
Gail Jorgenson
GIS Program Manager
Docusign Envelope ID: 8570A934-7486-4D25-8EFA-1DCE75AA6817
Attachment 1
211
NV5 Geospatial – City of Bozeman, MT – ArcGIS Roadmap Phase 2 – Stage 1 1
06/26/2025
Gail Jorgenson
GIS Program Manager
City of Bozeman, MT
Dear Gail,
NV5 Geospatial, Inc (NV5) is pleased to submit our proposal for ArcGIS Roadmap Phase 2 – Stage 1. For
over 31 years, NV5’s core business has been location-based solutions. We are the largest singular
provider of end-to-end geospatial services and solutions in the U.S. serving the communities in which we
live.
Why Select the NV5 Team?
Trusted Advisor: The City of Bozeman has been collaborating with NV5 on a number of projects
over the years. This level of engagement has given NV5 the familiarity to understand what
success looks like for the City and allows us to tailor our solutions to align with the City’s
strategic objectives.
Double Platinum Partnership: NV5 is among the 18 Esri global Platinum business partners and
participates in Esri’s Partner Advisory and Product Advisory Groups. As well as a Trimble
Platinum partner. This relationship provides our team with premium support and direct access to
product teams which will benefit in support of the City of Bozeman.
Please contact me if you would like additional information. We look forward to continuing to work
together for the successful accomplishment of this project.
Sincerely,
John Garrido | Account Executive | NV5
p: 909.645.9560 | e: john.garrido@nv5.com
Docusign Envelope ID: 8570A934-7486-4D25-8EFA-1DCE75AA6817
212
NV5 Geospatial – City of Bozeman, MT – ArcGIS Roadmap Phase 2 – Stage 1 2
Company Background
NV5 aims to utilize geospatial expertise to address national security, infrastructure, and environmental
issues. It is the largest singular provider of comprehensive geospatial services in the U.S., serving various
communities.
NV5's core areas include big data services, geomatics, business solutions, cloud services, infrastructure
security, analytics, and professional services. Its clients encompass national, state, and local governments,
defense and intelligence sectors, infrastructure, utilities, energy, commercial, and environmental
customers.
Despite being a new entity by name, NV5 has over 30 years of corporate experience. It employs more than
1,300 geospatial staff and has completed over 10,000 geospatial projects, including mapping projects
across all seven continents and in over 180 countries.
Esri Partnership
NV5 is one of only 18 firms globally that have attained the level of Esri Platinum Partner. Less than 1% of
Esri partners worldwide have achieved this highest tier of distinction. In addition to Platinum Partnership,
NV5 has achieved Esri specialty status for several solutions and Esri product areas:
ArcGIS Cloud Services. With the maturity of business systems comes a
need for flexible and agile cloud environments and hybrid environments
for business continuity and resiliency.
ArcGIS System Ready. Awarded to partners that adopt the latest Esri
technology, migrate their offerings in a repeatable practice, and have a
well-trained staff to support the latest Esri software releases.
ArcGIS Indoors. A complete indoor mapping system for connecting
workspaces with employees and visitors.
ArcGIS HUB. A community engagement platform that organizes people,
data, and tools through information driven initiatives.
ArcGIS Utility Network Management Specialty. GIS based network
management for utilities, the new Utility Network (UN) management tool
provides more functionality, added flexibility and advanced access to
data. NV5 is the first Esri partner to receive the UN partner specialty
designation for water utilities.
Esri State and Local Government Specialty. This specialty is awarded to
partners that specialize in, and have a substantial track record of
success with, development and configuration of ready-to-use solutions
for local and state government clients.
Our Esri Platinum Partnership provides significant benefits for our clients, including enhanced professional
services and industry knowledge. Through our partnership, we can leverage access to premium support to
elevate technical requests through channels inaccessible to other companies. We have regular interfaces
with the Esri Product Teams and Professional Services Team to share experiences, discuss best practices,
help define upcoming capabilities, and gain insight to new technologies that will soon be available for public
consumption.
Docusign Envelope ID: 8570A934-7486-4D25-8EFA-1DCE75AA6817
213
NV5 Geospatial – City of Bozeman, MT – ArcGIS Roadmap Phase 2 – Stage 1 3
Scope of Services
The City of Bozeman, MT is currently in the process of revamping their GIS technical landscape and related
process. The first phase of this project started by contracting NV5 to perform a needs assessment that
resulted in a roadmap document for the City’s Enterprise GIS environment.
The following sections outline the approach for Phase 2, Stage 1 – Foundation.
Planning & Analysis
The Planning & Analysis phase begins with project award and continues through final acceptance and
project closure. This is a communications centric phase, through which NV5 will provide facilitation,
coordination, logistics, analysis, and reporting services.
Core activities within Planning & Analysis include:
Project Initiation: Setup and Kickoffs
Technical Oversight: System Access and Scope Guidance
Daily Coordination: Task Assignments and Resource Allocation
Recurring Meetings: Facilitation of Status Meetings (Bi-Weekly)
Reporting: Preparation and Delivery of Status Reports
Deliverables:
Project Kickoff
Project Status Meetings (During Core Deployment/Configuration)
Monthly Reports (During Core Deployment/Configuration)
Technical Approach
As presented within the Enterprise GIS Roadmap, Phase 2 is comprised of multiple stages spanning the
next several years to advance and sustain GIS as a critical infrastructure that seamlessly underlies many
City business processes. The scope outlined below aligns with Stage 1 – Foundation, representing an
extension of the planning and visioning exercise to seed initiatives in the near-term that support
subsequent activities.
Governance Planning
Enterprise programmatic governance can be an intimidating or daunting concept, yet the organizational
benefits are significant. From a cohesive vision to technical awareness or functional adoption through to
data quality, governance provides a framework to sustain and advance the enterprise.
Dissecting the overarching concept into more discrete patterns and processes allows governance to
become more approachable and achievable. As part of the proposed scope of services, NV5 will help the
City define the initial elements of a governance framework that can evolve and expand with time, to
include:
Establishing GIS Steering Committee. Establishing a GIS Steering Committee is ultimately an
internal task and will be the responsibility of City staff to create and facilitate. NV5 will, however,
collaborate with the City to discuss the approach and provide direction. Likewise, NV5 will review
candidates to serve as departmental liaisons for a data stewardship program that will fall under
Docusign Envelope ID: 8570A934-7486-4D25-8EFA-1DCE75AA6817
214
NV5 Geospatial – City of Bozeman, MT – ArcGIS Roadmap Phase 2 – Stage 1 4
Steering Committee direction. To facilitate this process, NV5 has allocated up to 8-hours of
support.
Review & Inform Organizational Structure. NV5 will provide guidance and review the
organizational structure (up to 4-hours) for GIS and Asset Management, including facilitation of
discussions regarding long-term staffing plan to identify and inform resources necessary for
organizational success.
Establish Standard Operating Procedures. As part of Stage 1, NV5 proposes to help draft high-
level standard operating procedures (SOPs) for critical workflows and ArcGIS Enterprise content
management. The SOPs will take the form of diagrams, tables, and brief narrative bullets to
capture requirements and parameters to guide user behavior and responsibilities to establish
consistent and reliable data and derivative content. More verbose SOPs or additional SOPs may
evolve from the initial baseline SOPs in future stages.
User Type Crosswalk. NV5 will review current City licensing within the context of shifting Esri user
types and provide guidance, as appropriate/necessary, to help ensure all requisite City
functionality will be persisted into the new model.
Approval/Authorization Discussions. NV5 will collaborate with the City to identify pathways and
seek budgetary approvals related to the new hires and funding GIS technology initiatives and
related upgrades.
Deliverables:
SOPs for Critical Workflows & Content Management
Esri User Type Crosswalk
Enterprise Upgrade Implementation Planning
Consistent with discussions with the City during the Roadmap exercise, during Stage 1, NV5 will prepare
an implementation plan and scope of work to facilitate the upgrade of core GIS-centric, enterprise
systems (Esri, Cityworks, VertiGIS). If approved, the upgrades are anticipated to occur during Stage 2
Short Term Implementation.
Esri. NV5 will perform a comprehensive review of system requirements and dependencies to
design an implementation plan within the context of the latest Esri documentation to ensure
alignment with the proposed changes. All relevant ArcGIS Enterprise licenses will be verified for
compatibility with the new version and upgrade packages will be securely downloaded from My
Esri. Likewise, a detailed backup strategy will be implemented to safeguard critical system
configurations and business/data continuity throughout the upgrade process.
Cityworks. NV5 will establish an implementation plan and corresponding budget to transition the
City from Cityworks 15.8.3 into Respond, including the migration of Crystal Reports to Active
reports along with a strategy to accommodate customizations and integrations, where
appropriate. The implementation plan will include a defined structure for training of both users
and administrators to streamline the transition. This task will produce a technical pathway and
cost analysis associated with the transition.
VertiGIS. As with the previous enterprise systems, NV5 will evaluate the deployment and adoption
pattern of the current iteration of Geocortex within the City to produce an upgrade strategy and
implementation plan to advance the deployment to VertiGIS. We will collaborate with the City to
Docusign Envelope ID: 8570A934-7486-4D25-8EFA-1DCE75AA6817
215
NV5 Geospatial – City of Bozeman, MT – ArcGIS Roadmap Phase 2 – Stage 1 5
distinguish key functionality to be persisted from legacy configurations that may be retired (if
any) as part of the migration.
The result of this task will be a defined implementation path and refined budgetary requirements (costs)
associated with the respective enterprise upgrades.
Deliverables:
Enterprise Upgrade Implementation Plan & Budgetary Requirements
Data Management & Cleanup
Data and derivative information products are essential elements of an enterprise GIS, supporting core
business processes and day-to-day decision-making. As such, maintaining reliable and authoritative
content is critical to successful implementation of the technology. Fortunately, sharing and accessing
data is easier than ever. An unfortunate side effect of that convenience, however, is the potential for data
redundancy and duplication via parallel workflows by different groups and users. As part of this scope
item, NV5 aims to help the City inventory current content and establish controls to guide content
management in a manner that will support authoritative confidence.
Inventory & Analysis. NV5 will perform a comprehensive inventory of City GIS data (as traceable
through the ArcGIS Enterprise deployment), including both current and legacy data, to help
identify redundancies or inconsistencies. NV5 has allocated 4 hours to perform the inventory and
to develop the resulting report for review and direction by City staff, who will be responsible for
deciding on a reconciliation pathway to resolve the issues.
Roles & Responsibilities. As a parallel exercise to the inventory, NV5 will develop a formalized
roles and responsibilities matrix for data stewardship to help guide subsequent activity and
maintain enterprise GIS authority.
Data Cleanup. The proposed data cleanup (up to 80-hours) will be the direct result of the
inventory, analysis, and City input/direction. NV5 will work to archive outdated content to
preserve historical reference, and we will work to consolidate duplicate datasets to enhance data
integrity and authority while simultaneously mitigating redundancy. As feasible, NV5 will evaluate
data layers that will be persisted for accuracy, completeness, and currency to help ensure an
enterprise founded on high quality data. As appropriate, NV5 will create and deploy a
corresponding enterprise geodatabase(s) with appropriate security and access control policies.
Throughout the cleanup task, NV5 may consult and coordinate with City GIS staff for inputs and
decision.
Deliverables:
Data Inventory Report
Roles & Responsibilities Matrix (Data Stewardship)
Data Cleanup Support (80-Hours)
Docusign Envelope ID: 8570A934-7486-4D25-8EFA-1DCE75AA6817
216
NV5 Geospatial – City of Bozeman, MT – ArcGIS Roadmap Phase 2 – Stage 1 6
Infrastructure Planning
The proposed infrastructure planning task focuses on a comprehensive assessment of the
virtual/physical infrastructure hosting the enterprise GIS to evaluate stability, performance, and
scalability. Key activities include deploying monitoring tools (e.g., PRTG, ArcGIS Monitor) to offer insight
into actual system behavior that will guide proposed system design to enhance availability and reliability.
City participation and input with respect to network capacity not only for this assessment, but also as
Bozeman looks toward a contemporary, services-based architecture for GIS data access. As part of this
task, NV5 will conduct a capacity planning exercise against existing systems, servers, and resources to
assess the ability of the system to support current demands and establish objectives for future
scalability. NV5 will collaborate with the City to identify and implement quick-win improvements related to
data management and access to demonstrate system potential and promote interest.
The infrastructure planning task will produce a concise document outlining observations and
recommendations for the enterprise GIS infrastructure with corresponding deployment pattern and
system specifications wherever feasible.
Deliverables:
Enterprise GIS Infrastructure Design Document
Initiate User Training Framework
Supporting a broad user base with diverse thematic interests, functional requirements, and technical skill
is truly challenging. Successful programs rely on structured coordination, effective communication, and
adapted training. Fortunately, coordination, communication, and training are highly correlated with each
other, creating an opportunity for a strong positive feedback loop within the organization.
User Group Planning & Framework. The utility and value of user groups is often overlooked but
represents a powerful opportunity to solicit input that may inform strategy as well as a forum to
communicate capability and promote adoption. The specific strategy behind user groups is
tailored to the organization, including such things as participation/audience, cadence/frequency,
and content/agenda. NV5 will collaborate with the City to identify a user group pattern
appropriate to the user base. The initial design may focus on enhanced city-wide engagement but
additional groups with increasingly specific functional or thematic interests may emerge with
time. As with the Steering Committee, launching and facilitating the user group will be an internal
effort and primarily the responsibility of City staff.
Training Agenda Development. Similar to the case for establishing user groups, devising an
organizational training program is a powerful way to enhance user engagement, which in turn can
help streamline operational efficiency. NV5 will help craft an initial training agenda based on
inputs from City staff regarding key knowledge gaps and functional/operational trajectory along
with coordination with Esri to help construct relevant training paths.
Identify Cross Training Opportunities. Bozeman has an established GIS team with a range of
technical responsibilities and skills to support tasks ranging from data editing to enterprise
administration. As demands continue to evolve and expand, the City has the need and desire to
have increased overlap in the range of technical responsibilities to create additional capacity and
redundancy. NV5 will collaborate with City staff to identify the opportunities for cross training and
alignment to training approach and resources, whether that be internal knowledge sharing or Esri-
Docusign Envelope ID: 8570A934-7486-4D25-8EFA-1DCE75AA6817
217
NV5 Geospatial – City of Bozeman, MT – ArcGIS Roadmap Phase 2 – Stage 1 7
based offerings. Where possible, we will help identify a quick win, wherein a nominal increase in
exposure will result in immediate additional and overlapping capability.
Deliverables:
Training Pathways Agenda/Outline
Cross Training Documentation & Direction
Assumptions & Conditions
All software licensing (Esri, Cityworks, Geocortex, other third-party, etc.) will be provided by the City.
Data inventories will focus only on content visible through the ArcGIS Enterprise deployment,
including ArcGIS Online (if necessary). Data sources owned or maintained either locally or on
network devices that are not published via ArcGIS Enterprise will be excluded from the inventory.
All work will be performed remotely.
The project duration for the proposed scope of services is 3 to 6 months.
Docusign Envelope ID: 8570A934-7486-4D25-8EFA-1DCE75AA6817
218
NV5 Geospatial – City of Bozeman, MT – ArcGIS Roadmap Phase 2 – Stage 1 8
Pricing and Acceptance
The City of Bozeman, MT will be invoiced based on milestones completed. The Firm-Fixed price for each
milestone is listed in the table below.
Service Milestones Totals
Governance Planning
Establishing GIS Steering Committee (up to 8 hours)
Review and Inform Organizational Structure (up to 4 hours)
Establish Standard Operating Procedures
Esri User Type Crosswalk
Approval/Authorization Discussions
SOPs for Critical Workflows & Content Management
$8,100
Enterprise Upgrade Implementation Planning
Esri Plan & Budgetary Requirements
Cityworks Plan & Budgetary Requirements
VertiGIS Plan & Budgetary Requirements
$8,200
Data Management & Cleanup
Inventory & Analysis (up to 4 hours)
Roles & Responsibilities Matrix (Data Stewardship)
Data Cleanup Support (up to 80 Hours)
Data Inventory Report
$28,900
Infrastructure Planning
Enterprise GIS Infrastructure Design Document $4,300
Initiate User Training Framework
User Group Planning & Framework
Training Pathways Agenda/Outline
Cross Training Documentation & Direction
$3,000
Phase 2 – Stage 1 Foundation Total $52,500
You may indicate your acceptance of the above proposal with a signature from authorized personnel from
City of Bozeman, MT.
City of Bozeman, MT
Signature: Title:
Name: Date:
QUOTATION TERMS AND CONDITIONS
This confidential quotation is valid for sixty (60) days unless otherwise stated and does not include shipping or tax
unless otherwise stated. This quotation information is proprietary and may not be copied or released other than for the
express purpose of system and service selection and purchase. This information may not be given to outside parties or
used for any other purpose without written consent from NV5 Geospatial (NV5).
Docusign Envelope ID: 8570A934-7486-4D25-8EFA-1DCE75AA6817
GIS Program Manager
Gail Jorgenson 7/1/2025
219
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Coordinator
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Task Order 12 with Economic and
Planning Systems (EPS) for a 2025 Market and Economic Conditions Report
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a task order 12 with Economic and
Planning Systems (EPS) for a 2025 market and economic conditions report.
STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and
local business sectors while welcoming and encouraging new and existing
businesses, in coordination with the Economic Development Plan.
BACKGROUND:Economic and Planning Systems (EPS), a land economics consulting firm, has
created a Market Report for the City of Bozeman since 2022. The report is
focused on the housing market, but includes other economic data and
trends. The goal of the report is to provide accurate and current data to
assist the City and broader community in understanding the Bozeman
market. Additional data around the hotel market and short-term rentals has
been requested this year.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:The total cost of the task order is $28,300 which is available in the Economic
Development Department budget.
Attachments:
Task Order 12 - 2025 Q2 Market Report full.pdf
Report compiled on: July 22, 2025
220
City of Bozeman Term Contract with Economic & Planning Systems, Inc.
Task Order Number 12: Annual Market and Economic Conditions Report
PROJECT: Annual Market Report and Economic Conditions Update Report Issued under the authority of the City of Bozeman Professional Services Agreement
Term Contract with Economic and Planning Systems, Inc. to support Economic
Development and Community Housing programs. This Task Order is dated August 5, 2025 between the City of Bozeman Economic Development Department and Economic & Planning Systems, Inc. (EPS) (Contractor).
The following representatives have been designated for the work performed under this Task Order: City: Jesse DiTommaso, Economic Development Coordinator
Contractor: Brian Duffany, Principal, Economic & Planning Systems SCOPE OF WORK: EPS will gather data and create the Q2 2025 Annual Market and Economic Conditions Report. The report includes a base market study, expanded
multifamily market conditions, short-term rental market summary, and hotel market study. Additional details provided in the attached Exhibit A. COMPENSATION: EPS will bill for its services on a time and materials basis not to exceed $28,300
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Economic & Planning Systems
Chuck Winn Brian Duffany City Manager Principal
221
Economic & Planning Systems, Inc.
233073-2025 Market Update Scope.docx 1
Background
EPS prepares an annual market and economic conditions update for the City
under our on-call services contract with the City. The base cost of these annual
updates is $15,000. The City has requested that EPS include additional
information in the 2025 Q2 report. EPS has prepared this cost revision for the new
task order.
Scope of Work
Task 1 – Base Market Study
The base market study includes the following elements:
• Population and demographic trends
• Demographic and economic comparisons to benchmark cities
• Economic trends: jobs by industry, wages, unemployment rate
• Commercial real estate trends: office, industrial, retail, and notable
development projects
• Housing trends
o Residential construction
o Home prices
o Multifamily rents and vacancies
o Notable projects
o Housing affordability metrics
• Job and housing demand projection
EPS will update these data for 2025Q2.
Task 2 – Expanded multifamily market conditions
EPS will conduct a more detailed assessment of the multifamily market as
outlined below.
• Trend analysis of inventory, rental rates, and vacancy rates. This analysis will
evaluate how supply and demand are affecting rental rates, a key affordability
measure.
• Collect data on vacancy rates for market rate and income restricted (LIHTC)
properties for comparison. This may include contacting property managers.
• Compile and report the pipeline of market rate and affordable projects with
estimated development timing. Work with City staff to compile this list and
perform follow-up research as needed. May include contacting property
representatives.
222
2Q2025 Market Update Scope
2
• Interview 2-4 local property managers or building owners.
• Make conclusions on how supply and demand factors are affecting rental rates
and vacancy rates.
Task 3 – Short-term rental summary
This section will report high level metrics on the STR market.
• Obtain an inventory of STR properties from the City’s license database
• Map STRs by City Tier classification
• Estimate the City total bed base and estimate the portion of the bed base
supported by STRs and traditional hotels
• Obtain data from AirDNA (EPS subscription) and report metrics such as annual
occupancy and average daily rate (ADR). Note that the AirDNA market
boundary for Bozeman may include areas outside city limits.
Task 4 – Hotel market
The hospitality market, including hotels and STRs, is important to the City as
Bozeman is also a tourism destination. EPS will obtain hotel market data from
CoStar, who acquired Smith Travel Research several years ago. We will develop a
hotel inventory by property class (e.g. economy, upscale) and report key metrics
and trends in occupancy and ADR.
223
Economic & Planning Systems
3
Budget
Description
Principal in
Charge Assoicate Total
Billing Rate $255 $160
Task 1 – Base Market Study $15,000
Task 2 – Expanded multifamily market conditions 4 32 $6,140
Task 3 – Short-term rental summary 4 16 $3,580Task 4 – Hotel market 4 16 $3,580
Hours by Person 12 64
Dollars by Person $3,060 $10,240
Total Project Cost $28,300
Source: Economic & Planning Systems
Z:\Shared\Projects\DEN\233073 Bozeman MT Advisory Services\Admin\[233073 2025Q2 Market Budget.xlsx]Sheet1
224
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 an Amendment One to Task Order 8 with
Sanderson Stewart for the Pedestrian Crossing at North 7th Avenue and
Aspen Street
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an amendment one to Task Order 8 with
Sanderson Stewart for the pedestrian crossing at North 7th Avenue and
Aspen Street.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Task Order 008 was approved on January 28, 2025. Task Order 008 with
Sanbell provided for 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. Amendment One modifies the scope
of work, project schedule, and project amount in order to conduct a speed
study of North 7th for the location of the proposed RRFB.
Enhanced multimodal transportation is a pillar of the Midtown Urban
Renewal District Plan and the Midtown Urban Renewal District Action Plan.
This task order aims to realize that goal with safe pedestrian connections in
the District.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:The proposed fee for Amendment One is $7,500. This brings the project total
budget to $37,100 which is available in the Midtown Urban Renewal Fund.
Attachments:
safe_print_Amendment 1 To Services
Agreement_Sanbell_061625.pdf
Complete_with_Docusign_G15_Task_Order_008_F.pdf
225
Report compiled on: July 11, 2025
226
This is a safe-printed document.
The original attachment had 1 page(s).
Safeprint maximum page count configuration is 10 page(s).
Number of pages truncated are 0 page(s).
227
228
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, Interim City Manager Danielle Scharf, Principal
Docusign Envelope ID: 0728D9F5-18FA-4887-BCF9-9438499F8D6B
January 28, 2025
229354
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.
Docusign Envelope ID: 0728D9F5-18FA-4887-BCF9-9438499F8D6B
230355
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
Docusign Envelope ID: 0728D9F5-18FA-4887-BCF9-9438499F8D6B
231356
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.
Docusign Envelope ID: 0728D9F5-18FA-4887-BCF9-9438499F8D6B
232357
Certificate Of Completion
Envelope Id: 0728D9F5-18FA-4887-BCF9-9438499F8D6B Status: Completed
Subject: Complete with Docusign: G.15 Task_Order_008_Full w Sanbell for N7th Ped Crossing.pdf
Source Envelope:
Document Pages: 4 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Mike Maas
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US &
Canada)
Stamps: 1 PO Box 1230
Bozeman, MT 59771
Mmaas@bozeman.net
IP Address: 208.94.236.114
Record Tracking
Status: Original
1/30/2025 11:55:24 AM
Holder: Mike Maas
Mmaas@bozeman.net
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bozeman Location: DocuSign
Signer Events Signature Timestamp
Danielle Scharf
dscharf@sandersonstewart.com
Principal/Bozeman Region Manager
Sanderson Stewart
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 63.239.65.234
Sent: 1/30/2025 11:56:26 AM
Viewed: 1/30/2025 1:14:11 PM
Signed: 1/30/2025 1:14:32 PM
Electronic Record and Signature Disclosure:
Accepted: 1/30/2025 1:14:11 PM
ID: 1d2acaa7-31ac-4f31-b231-84e5ede0c564
Chuck Winn
cwinn@bozeman.net
City Manager
City of Bozeman
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.94.236.113
Sent: 1/30/2025 1:14:34 PM
Viewed: 1/30/2025 1:39:31 PM
Signed: 1/30/2025 1:39:40 PM
Electronic Record and Signature Disclosure:
Accepted: 1/30/2025 1:39:31 PM
ID: 08df006d-1f6c-4869-8ffd-2f2bbe8415fa
Mike Maas
mmaas@bozeman.net
City Clerk
City of Bozeman
Security Level: Email, Account Authentication
(None)
Signed
Using IP Address: 208.94.236.114
Sent: 1/30/2025 1:39:41 PM
Viewed: 1/31/2025 11:20:13 AM
Signed: 1/31/2025 11:20:19 AM
Electronic Record and Signature Disclosure:
Accepted: 1/6/2020 4:08:14 PM
ID: 79370d6f-72a4-4837-866f-9ec31f00062f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
233358
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jesse DiTommaso
jditommaso@bozeman.net
Economic Development Specialist
City of Bozeman
Security Level: Email, Account Authentication
(None)
Sent: 1/31/2025 11:20:21 AM
Viewed: 2/4/2025 2:32:46 PM
Electronic Record and Signature Disclosure:
Accepted: 3/25/2022 2:34:30 PM
ID: 46577c8a-5eb2-4ca4-bc57-d65950eb4b8f
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/30/2025 11:56:26 AM
Certified Delivered Security Checked 1/31/2025 11:20:13 AM
Signing Complete Security Checked 1/31/2025 11:20:19 AM
Completed Security Checked 1/31/2025 11:20:21 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
234359
CONSUMER DISCLOSURE
From time to time, City of Bozeman (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign, Inc.
(DocuSign) electronic signing system. Please read the information below carefully and
thoroughly, and if you can access this information electronically to your satisfaction and agree to
these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the
bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a
DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your
consent to receive required notices and disclosures electronically from us and you will no longer
be able to use the DocuSign system to receive required notices and consents electronically from
us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM
Parties agreed to: Danielle Scharf, Chuck Winn, Mike Maas, Jesse DiTommaso
235360
How to contact City of Bozeman:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: jolson@bozeman.net
To advise City of Bozeman of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at jolson@bozeman.net and in the
body of such request you must state: your previous e-mail address, your new e-mail address. We
do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in the DocuSign system.
To request paper copies from City of Bozeman
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to jolson@bozeman.net and in the body
of such request you must state your e-mail address, full name, US Postal address, and telephone
number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bozeman
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to jolson@bozeman.net and in the body of such request you must
state your e-mail, full name, US Postal Address, and telephone number. We do not need
any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer
time to process..
Required hardware and software
Operating
Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X
Browsers:
Final release versions of Internet Explorer® 6.0 or above (Windows only);
Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above
(Mac only)
PDF Reader: Acrobat® or similar software may be required to view and print PDF files
Screen
Resolution: 800 x 600 minimum
236361
Enabled Security
Settings: Allow per session cookies
** These minimum requirements are subject to change. If these requirements change, you will be
asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and
browsers are not supported.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the ‘I agree’ button below.
By checking the ‘I agree’ box, I confirm that:
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC CONSUMER DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify City of Bozeman as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Bozeman during the course of my relationship with you.
237362
Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign Amendment 7 to the Professional
Services Agreement for the Field Survey Term Contract with Sanbell, to
Facilitate Design of Upcoming Capital Improvements Projects
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve and authorize the City Manager to Sign Amendment 7 to the
Professional Services Agreement for the Field Survey Term Contract with
Sanbell to Facilitate Design of Upcoming Capital Improvements Projects
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Attached is a copy of the contract amendment with Sanderson Stewart. This
amendment will add survey on South Grand Avenue, South 3rd Avenue, and
near MDT’s property off of Nelson Road as described in the attached scope
of work and payment schedule. These surveys will be used by the City’s
Engineering Department for the design of upcoming water and sewer
renovations projects and will add work to our existing survey contract. Staff
has reviewed the amendment and found it to be commensurate with the
work involved.
UNRESOLVED ISSUES:None
ALTERNATIVES:As Suggested by the Commission
FISCAL EFFECTS:If approved, this amendment will increase the fee on a fixed fee basis with a
cost of $33,260 bringing the total contract amount from $219,701.00 to
$252,961.00. Funding has been appropriated in the FY26 Budget as project
WW07 and W03 for $33,260 and paid for equally from the City’s Water and
Wastewater Fund
Attachments:
PSA Amendment No 7.docx
Scope and Fee Amendment 7 - 072325.pdf
Report compiled on: July 23, 2025
238
239
7th Amendment to Professional Services Agreement for Field Survey Term Contract
Page 1 of 2
SEVENTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SEVENTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Field Survey Term Contract dated July 12, 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 Sanbell,
106 E Babcock Street, Suite L1, Bozeman, MT 59718 hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Addition to Scope of Work. Attached Amendment 7
1. Addition to Payment. Attached Rate Schedule
2. Agreement still valid. All remaining terms and provisions of the original Agreement
remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
240
7th Amendment to Professional Services Agreement for Field Survey Term Contract
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 SANBELL
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name: Danielle Scharf
Title: Principal/Region Manager
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
241
242
9,0280.3
Miles
This product is for informational purposes and may not have been
prepared for, or be suitable for legal, engineering, or surveying purposes.
Users of this information should review or consult the primary data and
information sources to ascertain the usability of the information.
Feet
1,0500
Legend
525
Location
1,050
07/22/2025
Created By:
Created For:
Date:
Title
Manholes
Abandoned Mains
Force Mains
Gravity Mains
Street Names
City Limits
World Imagery
Low Resolution 15m Imagery
High Resolution 60cm Imagery
High Resolution 30cm Imagery
Citations
2.4m Resolution Metadata
243
Memorandum
REPORT TO:City Commission
FROM:Jim Veltkamp, Chief of Police
SUBJECT:A Resolution of the City Commission of the City of Bozeman, Montana,
Confirming the Appointment of Police Officers in Accordance with Montana
Code Annotated 7-32-4108 and 7-32-4113.
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve the Resolution.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:Section 7-32-4108, Montana Code Annotated, provides that all appointments
to the “police force” must be confirmed by the City Commission.
Section 7-32-4113, Montana Code Annotated, requires that in order to be
submitted to the City Commission for confirmation, every applicant will have
passed an examination and received a certificate from the police commission
noting that the applicant has qualified for appointment. Additionally, the
applicant must successfully complete a probationary period before being
submitted to the City Commission for confirmation as a member of the
“police force.”
Officers Jonathan Salo, Thomas Giermek, Kendall Carden, and Patrick
MacKinnon have met the above noted requirements and have successfully
completed their probationary period. As such, the resolution was written to
confirm the appointment of these officers.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Commission Resolution Confirming Officers
Report compiled on: July 24, 2025
244
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CONFIRMING THE APPOINTMENT OF POLICE OFFICERS IN
ACCORDANCE WITH MONTANA CODE ANNOTATED 7-32-4108 AND 7-32-4113.
WHEREAS, Section 7-32-4108, Montana Code Annotated, provides that all appointments
to the “police force” must be confirmed by the city council or commission; and
WHEREAS, the following listed officers have passed the required examinations, have
been certified by the Police Commission, have successfully completed the probationary period,
and have been appointed to the City’s police force by the chief of police.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana: that the following listed officers are confirmed as members of the Bozeman
Police Department.
JONATHAN SALO
THOMAS GIERMEK
KENDALL CARDEN
PATRICK MACKINNON
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 5th day of August, 2025.
245
__________________________________ TERRY CUNNINGHAM
Mayor ATTEST:
____________________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
246
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Assistant City Manager
David Arnado, Facilities Superintendent
Shane Miller, Facilities Project Coordinator
SUBJECT:A Resolution Approving Prime Change Orders 1, 2, 3, and 4 and Authorizing
the City Manager to Sign Amendment 001 of a Construction Agreement with
Jackson Contracting Group for Bozeman City Hall Renovation Construction
Services.
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Adopt a Resolution Approving Prime Change Orders 1, 2, 3, and 4 and
Authorize the City Manager to Sign Amendment 001 of a Construction
Agreement with Jackson Contracting Group for Bozeman City Hall
Renovation Construction Services.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:On January 22, 2025 the City Commission approved a Construction
Agreement for the construction of the City Hall Renovation Project. This
amendment contains provisions for altering the conditions of the agreement
as authorized by the owner (City) with an increase of $111,808.99 to the
overall Construction Agreement. Changes that will be addressed with this
amendment include a number of modifications to the project as described in
the attached Prime Change Orders #1, #2, #3, and #4 documents. While
every reasonable attempt was made to include everything in the original
project plans and specs, projects of this size and complexity require changes
during construction.
UNRESOLVED ISSUES:None
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:The changes included in this request result in an overall increase of
$111,808.99 to the Construction Agreement. Adequate funds necessary to
cover these costs are included in the overall project budget contingency.
Attachments:
PSA Amendment 001 - Jackson Contracting Group.pdf
247
Resolution City Hall Renovation Prime Change Order(s) 001,
002, 003 & 004.pdf
Report compiled on: July 15, 2025
248
001 Amendment to Professional Services Agreement for [2025 City Hall Renovation]
FY 2025 – FY 2026
Page 1 of 2
001 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS 001 AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Jackson Contracting Group, Inc 1/22/2025 (the “Agreement”) is made and entered into this 5th
day of August 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 _Jackson Contracting Group, Inc_,
hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Payment Section 4 of the Agreement is altered to include an additional charge in the
amount of $111,808.99 for modifications. Please see Exhibit A.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
249
001 Amendment to Professional Services Agreement for [2025 City Hall Renovation]
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 JACKSON CONTRACTING GROUP, INC.
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name: Rylan Oakland
Title: Director of Operations
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
250
EXHIBIT A
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
Version April 2020
RESOLUTION 2025__
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING PRIME CHANGE ORDERS 1, 2, 3, AND 4 AND
AUTHORIZING THE CITY MANAGER TO SIGN CONSTRUCTION AGREEMENT
AMENDMENT 1 WITH JACKSON CONTRACTING GROUP FOR THE
CONSTRUCTION OF THE CITY HALL RENOVATION PROJECT.
WHEREAS, the City Commission did, on January 22, 2025, authorize Construction
Agreement for construction of City Hall Renovation with Jackson Contracting Group, Inc.; 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 made by resolution;
and
WHEREAS, it has become necessary in the prosecution of the work to make alterations
and 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 alternates to Construction Agreement
for Construction of the City Hall Renovation project, as contained in Prime Change Order #1, #2,
#3, and #4 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., to wit:
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 5th day of August 2025.
268
Version April 2020
___________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
269
EXHIBIT A
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
Memorandum
REPORT TO:City Commission
FROM:Mayor Terry Cunningham
SUBJECT:Mayoral Proclamation Proclaiming Americans with Disabilities Act Month
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Mayoral Proclamation Proclaiming Americans with Disabilities Act Month
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:To proclaim July as American's with Disabilities Act Month
UNRESOLVED ISSUES:none
ALTERNATIVES:none
FISCAL EFFECTS:none
Attachments:
2025 Proclamation of 35th Anniversary of ADA Month.docx
Report compiled on: July 24, 2025
287
Proclamation Regarding 35th Anniversary of ADA Month
WHEREAS, the Americans with Disabilities Act (ADA) was passed on July 26, 1990 to ensure the civil
rights of citizens with disabilities.
WHEREAS, Bozeman affirms the principals of equality and inclusion for persons with disabilities as set
forth for the State of Montana and as embodied in the ADA, the laws of the State of Montana and
ordinances of Bozeman.
WHEREAS, numerous organizations in Bozeman and Montana work with constituents and communities
to bring forth the promise of hope and freedom that is envisioned by the passage of the ADA.
WHEREAS, July 26, 2025 celebrates the 35th Anniversary of the Americans with Disabilities Act with the
Bozeman ADA 35 Year Celebration.
NOW THEREFORE, I, Terry Cunningham, the Mayor of Bozeman, MT, hereby extend greetings and best
wishes to all observing July 26, 2025 as Americans with Disabilities Act Awareness Day.
Signed _________________________________
Terry Cunningham
Mayor
Bozeman, Montana
288
Memorandum
REPORT TO:City Commission
FROM:Sarah Rosenberg, Associate Planner
Brian Krueger, Development Review Manager
Erin George, Director of Community Development
SUBJECT:Review and reconsider the Boutique Hotel, Located at 240 E. Mendenhall,
Site Plan and Commercial Certificate of Appropriateness with a Deviation,
Application 24147
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:Consider the Motion: Having reviewed and considered the application
materials, public comment, and all the information presented, I hereby adopt
the staff findings as presented in the staff report for application 24147 that
the application does meet the criteria required for approval and move to
approve with conditions the Boutique Hotel application for the deviation
requested to allow for encroachment of open space hardscaping, a 4-foot
awning, and supporting utility infrastructure into the 35-foot watercourse
setback.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:A site plan/commercial certificate of appropriateness with deviation
application at 240 E. Mendenhall Street proposing a six-story hotel with
amenities on a vacant parcel that currently serves as a parking lot. There is a
basement that provides covered bicycle parking, storage, and supporting
building service infrastructure. The first floor includes a hotel lobby,
commercial space, and back of house operations. Each subsequent floor
includes hotel rooms, and a rooftop bar is proposed on the sixth level. The
total number of hotel rooms is 71. Included with this application is a
deviation request to allow for encroachment of structures into the 35-foot
watercourse setback along Bozeman Creek. Per BMC 38.410.100, “where a
development is crossed by or is adjacent to a watercourse, the developer
must mitigate the impacts of the development on the watercourse. This
mitigation may not be less restrictive than the requirements of the city
floodplain regulations or any other applicable regulation of this chapter. The
purpose of this mitigation is bank stabilization; sediment, nutrient and
pollution removal; and flood control.”Since the subject property was platted
289
prior to July 10, 2002, the setback along Bozeman creek is 35-feet along
both sides of the watercourse. The development proposes hardscaping for
the open space, a 4-foot awning, and supporting utility infrastructure to
encroach about 30-feet into the watercourse setback along the eastern
portion of the property. The building footprint is outside of the watercourse
setback. Per BMC 38.200.010.A.1, where the deviation is for more than 20
percent of the standard, the City Commission is the review authority and
must conduct a public hearing for this application. A deviation can be
requested for properties within the NCOD due to most of historic Bozeman
preceding zoning regulations and to encourage activity that would
contribute to the overall historic character of the community. The criteria for
granting deviations from the underlying zoning requirements are outlined in
BMC 38.340.070. This site had a previous site plan application (no. 19445)
with deviation request that was approved on March 9, 2020, by the City
Commission to allow for encroachment of open space hardscaping and a 4-
foot awning into the 35-foot watercourse setback. The project was to
develop a six-story mixed-use building with open space along Bozeman
Creek. The approval of the application expired. This application was heard by
the City Commission on May 20, 2025 and resulted in denial. The City
Commission voted to reconsider the application at its regular meeting held
on Tuesday, June 24 to a certain date of August 5, 2025.
UNRESOLVED ISSUES:There are no unresolved issues with this application.
ALTERNATIVES:1. Deny the application based on the Commission’s findings of
noncompliance with the applicable criteria contained within the staff report;
or2. Approve the application;3. Approve the application with the addition of
specific conditions based on the Commission’s findings;4. Continue the
public hearing on the application, with specific direction to staff or the
applicant to supply additional information or to address specific items.
FISCAL EFFECTS:None
Attachments:
24147 staff report CC 2.0.docx
Report compiled on: July 22, 2025
290
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 1 of 21
24147; Boutique Hotel Site Plan/Commercial Certificate of Appropriateness with Deviation
Application
Public Meeting Date:
City Commission meeting will be held – Tuesday, May 20, 2025, at 6:00 pm
Project Description: Site Plan application proposes a six-story hotel with amenities on a vacant parcel
that currently serves as a parking lot. The ground floor includes a hotel lobby, commercial space, and
back of house operations. Each subsequent floor includes hotel rooms, and a rooftop bar is proposed on
the sixth level. The total number of hotel rooms is 71. Site improvements include sidewalk, streetscape,
landscaping, and additional site amenities. The applicant proposes off-site parking to accommodate the
required parking. The property is zoned B-3 and is in the Neighborhood Conservation Overlay District
(NCOD).
The project is located directly adjacent to Bozeman Creek, which requires a 35-foot setback along both
sides of the creek per BMC 38.410.100. While the proposed building is located outside of the watercourse
setback, the applicant is requesting to allow for up to a 30-foot encroachment into the watercourse setback
for open space hardscaping and patio space, a 4-foot awning, and supporting utility infrastructure. Per
BMC 38.200.010.A, the City Commission is the review authority where a deviation is more than 20
percent of the standard.
A deviation can be requested for properties within the NCOD due to most of historic Bozeman preceding
zoning regulations and to encourage activity that would contribute to the overall historic character of the
community. The criteria for granting deviations from the underlying zoning requirements are outlined in
BMC 38.340.070.
Project Location: 240 E. Mendenhall St., Bozeman Original Plat, S07, T02 S, R06 E, Block D, Parcel A
Plat C-1-H, City of Bozeman, Gallatin County, Montana
Staff Finding: The application does conform to standards and criteria and is sufficient for approval.
Recommended Motion: Having reviewed and considered the application materials, public comment, and
all the information presented, I hereby adopt the staff findings as presented in the staff report for
application 24147 that the application does meet the criteria required for approval and move to approve
with conditions the Boutique Hotel application for the deviation requested to allow for encroachment of
open space hardscaping, a 4-foot awning, and supporting utility infrastructure into the 35-foot
watercourse setback.
Report Date: May 13, 2025
Reviewing Staff: Sarah Rosenberg, AICP, Associate Planner
Simon Lindley, Project Engineer
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to date. The full
application and file of record can be viewed digitally at the Community Development Department at 20
E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-information-portal,
select the “Project Documents Folder” link and navigate to application 24147. They are also available in
the City’s Laserfische folder and may be accessed through the Community Development viewer.
291
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 2 of 21
Unresolved Issues:
There are no unresolved issues with this application.
Project Summary:
The Department of Community Development received a site plan/commercial certificate of
appropriateness with a deviation application on March 25, 2024, proposing a six-story hotel with
amenities on a vacant parcel that currently serves as a parking lot. There is a basement that provides
covered bicycle parking, storage, and supporting building service infrastructure. The first floor includes a
hotel lobby, commercial space, and back of house operations. Each subsequent floor includes hotel rooms,
and a rooftop bar is proposed on the sixth level. The total number of hotel rooms is 71.
Included with this application is a deviation request to allow for encroachment of structures into the 35-
foot watercourse setback along Bozeman Creek. Per 38.410.100, “where a development is crossed by or
is adjacent to a watercourse, the developer must mitigate the impacts of the development on the
watercourse. This mitigation may not be less restrictive than the requirements of the city floodplain
regulations or any other applicable regulation of this chapter. The purpose of this mitigation is bank
stabilization; sediment, nutrient and pollution removal; and flood control.” Since the subject property was
platted prior to July 10, 2002, the setback along Bozeman creek is 35-feet along both sides of the
watercourse. The development proposes hardscaping for the open space, a 4-foot awning, and supporting
utility infrastructure to encroach about 30-feet into the watercourse setback along the eastern portion of
the property.
Per 38.200.010.A.1, where the deviation is for more than 20 percent of the standard, the City Commission
is the review authority and must conduct a public hearing for this application. The application must meet
the standards for granting deviations in section 38.340.070 of the Unified Development Code. A
description and staff evaluation are outlined in this report.
This site had a previous site plan application (no. 19445) with deviation request that was approved on
March 9, 2020, by the City Commission to allow for encroachment of open space hardscaping and a 4-
foot awning into the 35-foot watercourse setback. The project was to develop a six-story mixed-use
building with open space along Bozeman Creek. The approval of the application expired.
On March 11, 2025, the Development Review Committee (DRC) found the application contained the
required application materials with sufficient information for the City to consider the application
adequate. The DRC finds that the application does conform to standards and criteria and is sufficient for
conditional approval.
The public noticing period ran from March 17 to April 15, 2025. The City has received twenty-nine letters
of public comment on the application as of the writing of this report. Public comment is accepted until
such time that the City Commission closes the public comment period.
Alternatives:
1. Deny the application based on the Commission’s findings of non-compliance with the applicable
criteria contained within the staff report; or
2. Approve the application.
3. Approve the application with the addition of specific conditions based on the Commission’s
findings.
4. Continue the public meeting on the application, with specific direction to staff or the applicant to
supply additional information or to address specific items.
292
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 3 of 21
Table of Contents
EXECUTIVE SUMMARY .......................................................................................................................... 1
Unresolved Issues: ................................................................................................................................ 2
Project Summary: .................................................................................................................................. 2
Alternatives: .......................................................................................................................................... 2
SECTION 1 – MAP & PLAN SERIES .................................................................................................... 4
Exhibit 1 – Location and zoning of subject property ............................................................................ 4
Exhibit 2 – Future Land Use Map ......................................................................................................... 5
Exhibit 3 – Site Plan ............................................................................................................................. 6
Exhibit 4 – Watercourse setback ........................................................................................................... 7
Exhibit 5 – Elevations ........................................................................................................................... 8
SECTION 2 – RECOMMENDED CONDITIONS OF APPROVAL .................................................... 10
SECTION 3 – CODE REQUIREMENTS .............................................................................................. 10
SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS ...................................................... 11
SECTION 5 – STAFF ANALYSIS AND FINDINGS ........................................................................... 11
BMC 38.230.100 – Plan Review Criteria ........................................................................................... 11
BMC 38.230.080 – Certificate of Appropriateness Criteria ............................................................... 15
BMC 38.250.050 – Deviations ........................................................................................................... 15
Conformance with adopted City of Bozeman Plans ........................................................................... 17
Conclusion .......................................................................................................................................... 19
APPENDIX A – NOTICING AND PUBLIC COMMENT ................................................................... 19
APPENDIX B – RELEVANT MUNICIPAL STATUTES .................................................................... 21
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF ........................................... 21
293
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 4 of 21
SECTION 1 – MAP & PLAN SERIES
Exhibit 1 – Location and zoning of subject property
294
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 5 of 21
Exhibit 2 – Future Land Use Map
295
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 6 of 21
Exhibit 3 – Site Plan
296
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 7 of 21
Exhibit 4 – Watercourse setback (in red)
297
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 8 of 21
Exhibit 5 – Elevations
298
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 9 of 21
299
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 10 of 21
SECTION 2 – RECOMMENDED CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this report.
These conditions are specific to this project.
Recommended Conditions of Approval:
1. BMC 38.340.010.F. The applicant must consult with a qualified professional, approved by the
Director of Community Development, to conduct archeological monitoring or another similar
process before and during excavation work. Any items of significance found must be reported and
cataloged. A report of the process conducted and the findings following the exploration and
monitoring must be submitted to the Community Development Department.
2. BMC 38.340.010.F. The applicant must submit a proposal to the Community Development
Department for an on-site installation that recognizes the history and significance of the site. This
may include, but is not limited to a sign, artwork, plaque, or other commemorative display. The
proposal must specify the design, content, and the intended location on the site. The content must
include, at a minimum, the site's history, historic photographs, and recognition of the creek. The
applicant is encouraged to work with the Downtown Bozeman Partnership and other appropriate
parties to adhere to the Downtown Bozeman Improvement Plan. The proposed installation must be
reviewed and approved by the Community Development Department prior to installation and must
be in place prior to planning approval of final routing for occupancy.
3. The applicant must ensure the exterior patio is a public-use area (as defined by the International
Building Code 2021) that makes exterior spaces available to the general public.
SECTION 3 – CODE REQUIREMENTS
1. BMC 38.220.020. A. Sec. 38.220.020. - Streambed, streambank and/or wetlands permits. The
developer must provide the community development department with a copy of all required
streambed, streambank or wetlands permits, or written notification from the appropriate agency that
a permit is not required, prior to the commencement of any work on the site
2. BMC 38.240.350. A subdivision exemption application is required to aggregate the underlying lots.
The amended plat must be approved and recorded with the Gallatin County Clerk & Recorder prior
to final site plan approval.
3. BMC 38.250.060. Prior to final site plan approval, the applicant must pay the departure fee to allow
an alternative to the transparency standard on the north elevation.
4. BMC 38.540.070. The use depends on off-site parking to meet parking requirements. The applicant
must provide evidence to the Community Development Department of a long-term lease agreement
for parking utilization of the off-site location prior to final site plan approval.
5. BMC 38.270.030. The applicant proposes concurrent construction of the building and the
infrastructure improvements. The applicant must fulfill the requirements of section 38.270.030 D,
BMC prior to the issuance of a building permit for the proposed development or per 38.270.030.C
complete construction of all off-site infrastructure first.
6. BMC 38.600.170.C.4 A floodplain permit must be obtained prior to final site plan approval. The
floodplain permit application and required materials shall be provided to the City floodplain
administrator electronically through the PDox electronic plan review system.
7. BMC 38.600.220.D, that prior to receiving a Certificate of Occupancy, the Applicant must submit a
certification from the design engineer or architect that the completed project conforms with the
approved floodplain permit, and a fully completed FEMA Floodproofing Certificate for Non-
Residential Structures acceptable to the Floodplain Administrator.
8. BMC 38.410.130. The development's estimated average municipal water demand is 8.80 ac-feet.
The estimate will be uploaded to the project file. The demand must be offset prior to final site plan
approval. To offset the demand by paying cash-in-lieu of water right a fee of $52,801 must be paid
prior to final site plan approval.
300
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 11 of 21
9. BMC Chapter 40, Article 4. Any work on the site must conform to the approved stormwater permit.
10. BMC 38.410.100. The applicant must work with the Engineering Division on any restoration work
beyond the approved landscaping plan. Any additional trees that need to be removed along the creek
bed during the construction process must be approved by the City Forester prior to removal.
11. BMC 34.05.060. and 34.05.070. Valet services that involve the elimination of any on-street parking
along East Mendenhall Street requires approval from the Parking Commission through the
infrastructure review process.
SECTION 4 – RECOMMENDATION AND FUTURE ACTIONS
The Development Review Committee (DRC) determined the application was adequate review on March
11, 2025. The DRC finds that the application conforms to standards and is sufficient for approval with
conditions and code provisions. Furthermore, the DRC finds that the application meets all deviation
criteria and findings to support the approval of the request which are outlined below in this staff report.
While site plan applications are typically reviewed administratively, because the applicant requests a
deviation for more than 20% of the standard, the City Commission retains to itself the review authority
and the approval of the entire application requires the approval of the deviation. The City Commission
meeting will be held Tuesday, May 20, 2025, at 6:00 pm
SECTION 5 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials, municipal
codes, standards, plans, public comment, and all other materials available during the review period.
Collectively this information is the record of the review. The analysis in this report is a summary of the
completed review.
The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as
conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or State law.
Applicable Plan Review Criteria – Section 38.230, BMC
In considering applications for plan approval, the review authority evaluates the following criteria. This
application must comply with all applicable requirements of BMC chapter 38 including overlay district
requirements. The staff provides findings analyzed under the following relevant sections of code and
applicable plans:
• BMC 38.230.100 – Plan Review Criteria
• BMC 38.230.080 – Certificate of Appropriateness Criteria
• BMC 38.250.050 – Deviations
• Conformance with other City adopted plans
BMC 38.230.100 – Plan Review Criteria
Conformance with City’s adopted Growth Policy (38.100.040.D)
The subject property is designated as Traditional Core. The Bozeman 2020 Community Plan states, “the
traditional core of Bozeman is the historic downtown. This area has an extensive mutually supportive
diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich architectural
character. Essential government services, places of public assembly, and open spaces provide the civic
and social core of town. Residential development on upper floors is well established. New residential uses
should be high density. The area along Main Street should be preserved as a place for high pedestrian
activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from
the entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well
over 1. Future development should continue to be intense while providing areas of transition to adjacent
areas and preserving the historic character of Main Street.”
301
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 12 of 21
The application conforms to the Traditional Core category as it proposes a high intensity development. It
expands upon the existing activity of downtown. It also utilizes an undeveloped site and promotes
pedestrian connectivity.
Conformance with Article 2 – Submittal Material Requirements (38.220)
The site plan and commercial certificate of appropriateness are met with this project. The project
conforms to zoning provisions, community design provisions, and project design provisions. See the
analysis below for how the required standard of each article is met.
Concurrent Construction has been requested by the applicant to allow simultaneous construction of the
proposed building and required supporting infrastructure. The required infrastructure improvements
include adjacent improvements that are subject to BMC 38.270.030.D. The requirements of this section
including City and DEQ infrastructure review, approval from the City Fire Marshall, execution of an
Irrevocable Offer of Dedication, and an acceptable concurrent construction plan, must be met prior to a
building permit being issued for the development.
Conformance with Article 3 – Zoning Provisions (38.300)
The subject property is zoned B-3, Downtown District. “The intent of the downtown B-3 business district
is to provide a central area for the community's business, government service and cultural activities with
urban residential development as an essential supporting use. The downtown B-3 district should be the
area of greatest density of development, intensity of use, and appropriate infill. Design standards
reinforcing the area's historical pedestrian-oriented context are very important.
This district encourages high volume, pedestrian-oriented uses in ground floor space in the "core area" of
the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-half
block north and south from Main Street. Lower volume pedestrian uses such as professional offices may
locate on ground floor space in the downtown B-3 area outside the above-defined core.”
Currently the parcel is vacant and is used as a parking lot. A hotel is a permitted use in the B-3 zone
district. The proposed building meets form and intensity standards as follows:
Per BMC 38.350.050, elevator and stair penthouses are exempt from height limitations provided that no
linear dimension exceed 50 percent of the corresponding street frontage line. These penthouses exceed 4-
feet above the allowable height. Mechanical facilities are exempt from height.
Conformance with Article 4 – Community Design Provisions (38.400)
The applicant provided a Traffic Impact Study conducted by 406 Traffic & Transportation Consulting,
which was thoroughly evaluated by the Engineering Division and found to satisfy standards for trip
generation and level of service evaluations. The development proposes valet service which will eliminate
some on-street parking along East Mendenhall Street. Any substantial encroachment involving the
elimination of any on-street parking within that area of the B-3 zoning district requires approval from the
Parking Commission. Compensation must be provided for each on-street parking space eliminated from
Setbacks Proposed Allowed
Front 3’ Storefront block frontage - See
Article 5 analysis below
Rear 13’ 0’
Side 1’ 0’
Alley 13’ 5’
Lot Area Proposed Allowed
Max lot coverage 49% 100%
Building Height Proposed Allowed
70’ 70’
302
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 13 of 21
the downtown business district parking inventory in accordance City code outlined in BMC 34.05.060-
070. This process is completed during the City’s infrastructure review process which is a separate process
from site plan review and is managed by the City’s Engineering Division and requires the Parking
Commission’s approval as outlined in code provision number 11.
While there is an alley to the south of the building, there is no vehicular access to the building. Parking is
proposed to be located off-site. Pedestrian improvements include updating the sidewalk along Mendenhall
to be 13 feet wide.
This is an infill project on existing lots on an existing block. A subdivision exemption is required to
aggregate the underlying lots the lots prior to final site plan approval.
The subject property is an infill site with existing infrastructure services the site. The existing 6-inch
sewer main along East Mendenhall Street will be upgraded to 8-inch to accommodate the new use. At the
City’s current CILWR fee rate, the fee for the project is $52,801. Payment must be made prior to final site
plan approval.
An on-site storm water maintenance plan and design report was prepared by TD&H. Site improvements
include area inlets, roof drain piping, trench drains, subsurface infiltration chambers, and permeable
pavers.
Bozeman Creek runs through the subject property along the eastern boundary line which requires the
development to adhere to watercourse setback provisions outlined in BMC 38.410.100. The setback along
Bozeman Creek is 35-feet on both sides. Along the stream bank is a 5-foot non-disturbance zone which
will remain in a natural state and be seeded with native seed if necessary. Between the stream bank and
open space plaza, the landscaping will be improved which includes preserving existing trees and adding
additional landscaping to meet watercourse setback planting requirements.
The open space plaza between the landscaped area and building includes hardscaping which encroaches
roughly 24-feet into the watercourse setback. Supporting utility infrastructure is located on the southern
portion of the property and encroaches roughly 30-feet into the watercourse setback. While the building
itself is out of the watercourse setback, the building awning on the east side encroaches 4-feet into the
watercourse setback. The Bozeman Municipal Code defines setback as “the space on the same lot with a
principal building, which is open and unoccupied from the ground upward or from the ground
downward.” So even though the awning is not on the ground, it still encroaches into the setback.
A deviation is requested to allow for the encroachment of all these structures into the watercourse setback.
See the analysis below on how the criteria is met to satisfy the deviation request.
Since this project is a commercial development on less than one acre, no parkland requirements are
warranted.
Conformance with Article 5 – Project Design
The building fronts onto East Mendenhall Street which is designated storefront block frontage meaning
that the building and site must be designed in a vibrant and active manner. The building is setback 3-feet
from the front property line to accommodate a wider sidewalk. There is a building entrance that faces the
street and includes an awning that wraps around the entire perimeter of the building.
The applicant requests a departure to allow façade transparency to be 55% where 60% is required. This
reduction is based on the façade articulation along the ground floor rather than a flat façade. The intent is
still met through the 5% reduction of transparency that still promotes visual interest for pedestrians. This
departure meets the criteria and is sufficient for approval.
The proposed sidewalk along East Mendenhall Street is widened to 13 feet. Landscaping, street trees, and
bike racks are incorporated into the wider sidewalk to enhance the pedestrian experience. The open space
plaza to the east of the building incorporates seating and robust landscaping that promotes circulation and
303
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 14 of 21
amenities for pedestrians. While open space is not required for the project since the parcel is less than one
acre, roughly thirty percent of the property incorporates open space area to minimize the impact on the
watercourse setback and floodplain while providing a pedestrian amenity. To ensure that the plaza can be
enjoyed by all and to support access to Bozeman Creek, condition of approval number 3 requires that the
property owner ensure that the east side patio of the building be a public use area as defined in the
International Building Code 2021. That code states that a public use area is a term utilized to describe all
interior and exterior spaces or rooms that may be occupied by the general public for any amount of time.
Spaces that are utilized by the general public may be located in facilities that are publicly or privately
owned. Examples include the lobby in an office building, a high-school gymnasium with assembly
seating, an open-air stadium, a multipurpose room, an exposition hall, a restaurant dining room, a health
club, etc.
Trash services are located at the rear of the building along the alley. No screening measures are required
for services on the alley. Utility meters are located on the east façade and screened by landscaping.
The building meets building design standards. It utilizes durable high-quality materials through limestone
veneer, cast stone, and metal cladding. The ground level creates a human-scaled façade pattern through
façade articulation features such as windows, entries, weather protection features, and a change in
materials. Furthermore, since the building is in the B-3 zone district, it adheres to the NCOD Design
Guidelines chapter 4-B which is analyzed above.
Parking for the building will be provided off-site through an off-site parking agreement. The development
proposes to use the parking lot directly east to accommodate the 46 spaces required for the use. The
development takes advantage of the allowable reductions outlined in BMC 38.540.050.C. Prior to final
site plan approval, the applicant must provide an executed off-site parking agreement. The required
bicycle parking is 10 spaces. The development proposes 5 bike racks along the sidewalk on East
Mendenhall Street and 12 covered spaces in a bike room in the basement.
The project provides the appropriate landscaping required as outlined in BMC 38.550 including adding
grated street trees along East Mendenhall Street, drought tolerant plants, and the use of permanent
irrigation. The applicant proposes to do some restoration work along the creek bed which includes the
protection of existing trees, the removal of a few, and adding a native seed mixture if necessary. Code
provision number 8 requires the applicant communicate with the City if any additional trees will be
removed and any additional restoration work needs to be done.
All site lighting meets full cutoff standards as required by code.
Conformance with Article 6 – Floodplain Regulations (38.600)
The Site lies within a FEMA-regulated special flood hazard area for Bozeman Creek, which includes the
100-year floodway and floodplain fringe. The building is located within the floodplain fringe but outside
the floodway. Building design features are intended to mitigate the flood potential to both the building and
abutting pedestrian passageways.
The floodplain regulations in BMC 38.600 allow this particular use but require floodproofing or elevating
the building to the base flood elevation (BFE) plus 2 feet. The building’s main elevation is proposed at the
BFE plus 2 feet along most of the flood reach. The openings/windows that reside on the north side of the
building are proposed to be floodproofed to the BFE plus 2 feet. Areas below the BFE, such as the
basement, are allowable as the building is elevated or floodproofed.
Code Provision 6 requires, per BMC 38.600.170.C.4, that prior to final site plan approval, the Applicant
must obtain a floodplain permit.
Code Provision 7 requires, per 38.600.220.D, that prior to receiving a Certificate of Occupancy, the
Applicant must submit a certification from the design engineer or architect that the completed project
304
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 15 of 21
conforms with the approved floodplain permit, and a fully completed FEMA Floodproofing Certificate for
Non-Residential Structures acceptable to the Floodplain Administrator.
BMC 38.230.080 – Certificate of Appropriateness Criteria
Conformance with Overlay District Standards (38.340)
The proposed project is located within the Neighborhood Conservation Overlay District (NCOD) but is
not within a historic district. As there is no building on the site, no demolition review is required. It is
reviewed under the classification of new infill and construction that falls under the standards for
certificate of appropriateness outlined in BMC 38.340.050 and the NCOD Design Guidelines, specifically
chapter 4B which applies to properties zoned B-3 and outside of the Main Street Historic District. The
building and site design meets the standards conforms to this section.
The area around the Main Street Historic District should accommodate compatible contemporary
development of greater height and density. This project provides density that meets the goals and
objectives of the Downtown Bozeman Improvement Plan. The building design uses a combination of
materials such as limestone veneer and metal and is articulated through façade plane changes and the use
of awnings and windows along the street facing and open space facades. To further incorporate into the
downtown business district, the use of a flat roof line is used.
The site design creates a strong connection for pedestrians by incorporating a wide sidewalk along East
Mendenhall Street, a visible and publicly accessible open space along Bozeman Creek, and a variety of
different landscaping.
BMC 38.250.050 – Deviations
Conformance for Granting Deviations (38.340.070)
The subject property is located directly adjacent to Bozeman Creek which requires a 35-foot setback
along both sides of the creek per BMC 38.410.100. Section 38.410.100.A.1.a.(2) states that “no fence,
residential or commercial structure, fill material, parking or other similar improvements shall be located
within required watercourse setback.” Bozeman Creek runs along the east boundary of the property and
the watercourse setback encroaches 35-feet into the parcel. The development proposes open space
hardscaping, a 4-foot awning, and supporting utility infrastructure to be in the watercourse setback. The
open space plaza encroaches roughly 24-feet into the watercourse setback. Supporting utility
infrastructure is located on the southern portion of the property and encroaches roughly 30-feet into the
watercourse setback.
While the building does not encroach into the setback, the Bozeman Municipal Code defines setback, in
the relevant portion, as “the space on the same lot with a principal building, which is open and
unoccupied from the ground upward or from the ground downward.” Therefore, the proposed awning
encroaches 4-feet into the watercourse setback and is not allowed under BMC 38.410.100 absent an
approved deviation.
A deviation can be requested for properties within the NCOD due to most of historic Bozeman preceding
zoning regulations and to encourage activity that would contribute to the overall historic character of the
community. Pursuant to Section 38.340.070 BMC, there are three criteria for granting deviations from the
underlying zoning requirement.
1. Modification must be more historically appropriate for the building and site in question and
the adjacent properties, as determined by the standards in Section 38.340.050, than would
be achieved under a literal enforcement of this chapter.
Bozeman Creek was channelized through the center of town back in the early days of the area’s
settlement, as evidenced by Sanborn maps dating from 1891. It was narrowed, straightened, and banks
armored with rock, concrete, and other materials. Since the realignment, Bozeman Creek was diverted to
305
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 16 of 21
be utilized for the built environment. Structures were built up to and over the creek. On this very parcel,
the pattern of development shows that structures were built over the creek and next to it as depicted in the
figures below.
Figure 1: Original City Plat with Bozeman Creek in natural flowing state. Figure 2: 1884 Sanborn Map depicting channelized Bozeman Creek Project site in orange box.
‘
Figure 3: 1942 Aerial of Downtown Bozeman
Although the proposed open space and building awning do not replicate what was traditional to the
construction or style of the early settlement of Bozeman, the DRC finds that the traditional placement of
structures close to the creek is historically appropriate to the site. Bozeman Creek was forced to not
meander through downtown, but instead to be utilized for industry and more recently recreation. Portions
306
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 17 of 21
of the retaining walls which form the embankments for segments of the creek are former rubble
foundations of structures no longer present.
Furthermore, along much of the historic development pattern along Bozeman Creek, there are structures
that abut up against it or are directly above Bozeman Creek. To the south of the subject property, 311 E.
Main (Bar IX) cantilevers over the creek and has an outdoor patio that is adjacent to Bozeman Creek. To
the north, 317 E. Mendenhall (Fresco restaurant) and 121 N. Rouse (City Hall) both have buildings that
front very closely to the creek within the Bozeman Creek watercourse setback.
Figure 4: Back of Bar IX building, date unknown Figure 5: Back of Bar IX building, present day
2. Modifications will have minimal adverse effects on abutting properties or the permitted
uses thereof.
The proposed deviations will have minimal adverse effects on neighboring properties and their permitted
uses. The planned open space presents an opportunity to enhance both the creek and adjacent properties,
offering guests and the public a park-like setting in Downtown Bozeman along Bozeman Creek. As noted,
many nearby properties are built up to or over the creek, and this development aligns with the established
pattern and character of the area while maintaining minimal adverse effects on neighboring properties.
3. Modifications must assure the protection of the public health, safety and general welfare.
Approvals may be conditioned to assure such protection, and such conditions may include a
time period within which alterations will be completed; landscaping and maintenance
thereof; architectural, site plan and landscape design modifications, or any other conditions
in conformity with the intent and purpose set forth in this part 1.
The DRC has identified no significant barriers to public health, safety and general welfare from the
proposed deviations. The restoration and rehabilitation activity along Bozeman Creek will affect how
people interact with the creek. Currently, Bozeman Creek is overgrown, walled and/or fenced throughout
Downtown. The requested deviation will improve the open space adjacent to the creek and revitalize the
waterway by making it visible to the public and highlighting it as a unique amenity to Bozeman.
The enhancement of the open space will allow the public to utilize the area adjacent to Bozeman Creek. A
proposed railing and retaining wall will alleviate public safety concerns regarding public access to the
creek. The permeable pavers will help reduce storm water runoff and restore a functioning creek to
enhance public health. The existing landscaping is overgrown and will be cleaned up to further promote
the health of the stream bank. The protruding awning does not have any sort of impact on the public
health, safety, and general welfare but rather provides sheltered relief within the open space.
Conformance with adopted City of Bozeman Plans
In addition to the deviation criteria above, the Uniform Development Code (chapter 38 BMC) requires
conformance with specific plans adopted by the City of Bozeman. The Downtown Bozeman
Improvement Plan and Downtown Creek Enhancement Plan are applicable to this project. Staff has made
307
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 18 of 21
three conditions of approval that are supported by these plans to help achieve the goals of enhancing and
engaging Bozeman Creek.
In 2012, the City of Bozeman developed the Downtown Creek Enhancement Plan (DCEP), which created
goals, objectives, and strategies to assist in enhancing Bozeman Creek through downtown such as
creating ways to inform residents about the creek from its ecological services to the past and present
importance to the community. The DCEP also emphasizes on restoration of the creek to create a more
functioning stream ecosystem that can be enjoyed by all.
The Downtown Bozeman Improvement Plan (DBIP) was adopted in 2019 by the City Commission. One
of the themes of the DBIP is to connect to nature and culture by enhancing the natural systems and
increasing public spaces. Bozeman Creek flows right through downtown, but it is piped, hidden under
roads and parking lots. Much of the banks of the creek are largely overgrown or fenced. The goal of
enhancing Bozeman Creek is to reveal the creek, which would help create places to linger and points to
interact with the creek. Revealing the creek can also help produce strategies that help find healthier ways
for the natural waterways to filter storm water.
Based on the goals and objectives of these two plans, the DRC has proposed three conditions of approval
to help achieve the goals of enhancing and engaging Bozeman Creek. The requested deviation to allow
for encroachment into the watercourse setback will further assist in achieving these goals. The enhanced
open space creates points of access to Bozeman Creek’s edge and allows the public to experience the
waterways. To ensure that the public can experience the creek, condition of approval number three
requires a public access easement to be created for the open space area that fronts onto Bozeman Creek.
Both plans emphasize creating some sort of commemorative display along the creek to provide
educational opportunities on the history and ecological service the creek provides. Condition of approval
number two notes that the applicant must create a commemorative display that highlights a variety of
content for the public to view. These sorts of displays are already occurring along Bozeman Creek such as
the Revitalize Relatives art installation and demonstration garden outside of City Hall and the restoration
of the creek in Bogert Park that is highlighted through educational signage.
308
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 19 of 21
Figure 6: Revitalize Relatives Art Installation outside of City Hall Figure 7: Demonstration Garden outside of City Hall
Figure 8: Restoration of Bozeman Creek in Bogert Park Figure 9: Restoration of Bozeman Creek in Bogert Park
Condition number one requires the applicant to conduct archeological monitoring or another similar
technique for the site before and during construction to ensure that if there are any artifacts that are found
that they be reported and cataloged, and to provide a report to the City of the process and findings
following initial construction. Prior to when white settlers came to this area, Native Americans relied on
the abundant resources of the valley, including this creek. When white settlers came to this area and
settled Bozeman, this area along East Mendenhall Street was considered Bozeman’s Red Light District.
An archeological dig or like process could discover artifacts that may bring forth relevant historical
information about this area.
Conclusion
The Development Review Committee finds that the application conforms with the site plan review
criteria, certificate of appropriateness criteria, and meets the criteria for granting the deviation for
encroachment into the watercourse setback and finds the application sufficient for approval. If the City
Commission denies the deviation request, the applicant will have to apply for a new site plan application
that does not have anything located in the watercourse setback per the pre-2002 watercourse setback
BMC standard.
APPENDIX A – NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting
per BMC 38.220.420. The City scheduled public notice for this application on March 14, 2025. The
applicant posted public notice on the subject property on March 14, 2025. The applicant sent public notice
to physically adjacent landowners of record within 200-feet of the subject property via first class mail on
March 14, 2025. It was also posted in the Bozeman Daily Chronicle on March 29 and April 3, 2025. On
309
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 20 of 21
April 15, 2025, the City Commission continued the review of this application to May 20, 2025. No
additional project notice was required at that time as the project was continued to a date certain for
review.
The City has received twenty nine public comments as of the writing of this staff report. A link to the
public comment received can be found here:
https://weblink.bozeman.net/WebLink/Browse.aspx?id=297513&dbid=0&repo=BOZEMAN
The public comments not in favor of the project commented on the following issues. The comments are
summarized by topic with staff response below:
Not in favor of a reduced water course setback. The code includes a deviation process to grant a
reduced setback for this property as this property is within the Neighborhood Conservation Overlay
District. The findings in the staff report conclude that the criteria have been met in order for the deviation
to be approved.
Not in favor of the use of the adjacent parking lot for off-site parking. The code allows the proposed
use of off-site parking for a project. The code includes criteria that must be met in order for the off-site
parking to be approved. The findings in the staff report conclude that the criteria can be met in order for
the off-site parking to be approved. A code provision from this code section is included in the approval
requirements for the project. It requires that an executed long term parking agreement for the proposed
offsite parking be provided to the Community Development Department prior to final site plan approval
for the Boutique Hotel. Final site plan approval is required prior to building permit issuance for the
construction of the hotel. There is an existing ten year long term lease on this parking area that expires in
2027 related to the Bozeman Hotel Conditional Use Permit for on premises consumption of alcohol. If
this project were to get an executed long term parking agreement for the current parking area leased by
the Bozeman Hotel, it would not place the Bozeman Hotel Conditional Use Permit out of compliance
with its approval as it satisfied the long term lease agreement accepted by the City Commission and the
Director of Community Development at the time the conditional use permit was granted. There is nothing
in the code that directs the property owner of the parking lot to lease to one individual/party or another.
Both the Bozeman Hotel and the Boutique Hotel can negotiate for the agreement to use the parking lot for
off-site parking as allowed by the code.
Loss of parking used by existing downtown business. The Bozeman growth policy, Downtown
Improvement Plan, and the development code support the infill and redevelopment of existing parking
areas within the City. The code does not require a district wide analysis of parking with an individual site
plan application. The code requires that an individual project must provide an analysis of the parking
demand for the proposed use of the property. The parking must be accounted for according to code
requirements that exist at the time that the application is deemed adequate. As long as the proposed
project meets the required parking by either providing it on site or offsite according to the requirements of
the code the project is sufficient for approval by the review authority.
The need for a parking analysis for the general area. The City has conducted a downtown parking
plan. There are strategies to manage parking downtown provided in that plan. The development code does
not require that an individual development application like the Boutique Hotel to implement the City’s
parking plan other than complying with the development standards within the development code. The
staff report finds that the application can meet the requirements of the code with the proposed conditions
and code provisions provided in the recommendation for approval.
That a 310 and 404 permit is required for the construction. The applicant states that these permits are
not required. The City has requested that the applicant confirm this prior to construction. A code provision
has been included in the recommended code provision that requires that these permits be provided to the
City if they are required. The code does not require that these permits be provided prior to preliminary
approval.
310
24147 Staff Report for Boutique Hotel Site Plan/CCOA/Deviation Page 21 of 21
Reduced access to Bozeman Creek. This project will enhance access to Bozeman Creek. There is not
current legal access to Bozeman Creek on this property. A condition of approval is proposed that will
require the property owner to ensure access to the patio area of the east side of the project as a public-use
area (as defined by the International Building Code 2021) that makes exterior spaces available to the
general public.
Encroachment will impede flood waters. A separate flood plain permit related to the encroachment is
required by the code to be granted that analyzes the impact of the proposed encroachment against the
City’s floodplain regulations. That permit has been applied for and is under processing by the City’s
floodplain manager. A code provision is provided in the staff report related to this issue.
The project is not the best ecological outcome for Bozeman Creek. This is not required by the code.
There are competing interests provided in the Bozeman growth policy and development code. A property
owner may propose development on property that only complies with development standards. The
development standards do not require a best ecological outcome for a property nor is that defined in either
Bozeman’s policy documents or development code.
The public comments in favor of the project commented on the following issues:
The project will improve access to Bozeman Creek.
The quality of the project will improve Downtown Bozeman.
The project will add value to Downtown Bozeman.
Support for archaeological monitoring conditions and requirements.
APPENDIX B – RELEVANT MUNICIPAL STATUTES
Bozeman Municipal Code Section 348.340.070 – Deviations from underlying zoning requirements
Because the development of much of historic Bozeman preceded zoning, subdivision and construction
regulations, some buildings within the conservation district do not conform to contemporary zoning
standards. In order to encourage restoration, rehabilitation and appropriate new construction activity that
would contribute to the overall historic character of the community, deviations from underlying zoning
requirements may be granted as described in division 38.250 of this chapter. The criteria for granting
deviations from the underlying zoning requirements are:
1. Modifications must be more historically appropriate for the building and site in question and the
adjacent properties, as determined by the standards in section 38.340.050, than would be achieved
under a literal enforcement of this chapter;
2. Modifications will have minimal adverse effects on abutting properties or the permitted uses
thereof; and
3. Modifications must assure the protection of the public health, safety and general welfare.
Approvals may be conditioned to assure such protection, and such conditions may include a time
period within which alterations will be completed; landscaping and maintenance thereof;
architectural, site plan and landscape design modifications, or any other conditions in conformity
with the intent and purpose set forth in this part 1.
APPENDIX C – OWNER INFORMATION AND REVIEWING STAFF
Owner: Paine Group, INC, 402 East Main Street, Suite 3, Bozeman, MT 59715
Applicant/Representative: Intrinsik Architecture, 106 E. Babcock, Suite 1A, Bozeman, MT 59715
Report by: Sarah Rosenberg, AICP, Associate Planner; Simon Lindley, Engineer.
311
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Kaitlin Johnson, Budget Manager
SUBJECT:Resolution Establishing a Three (3) Percent Increase to Tree Maintenance
District Assessments for Fiscal Year 2025-2026 (FY26).
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to adopt Commission Resolution establishing a
3% increase in Tree Maintenance District Assessments for FY26, making the
assessment rate $0.004320 per assessable square foot.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:On July 16, 1990, the City Commission passed Commission Resolution No.
2804 creating a city-wide tree maintenance district for the purpose of
planting and maintaining trees in all public places, rights-of-ways and parks.
On June 10, 2025, the City Commission adopted Resolution No. 2025-26
adopting the FY26 Budget, which included a 3% increase in Tree
Maintenance District Assessments to support eligible district expenditures.
UNRESOLVED ISSUES:None
ALTERNATIVES:Changes to the rate approved in the FY26 Budget may require budget
amendments to ensure a balanced budget.
FISCAL EFFECTS:The assessment rate proposed is consistent with the FY26 Budget. The
estimated annual increase to the median homeowner, on a 7,500 square
foot lot, is approximately $0.94. The total annual assessment estimated for
the median homeowner is $32.40.
Attachments:
Resolution_XXXX_Tree_Mtc_Assessments_FY26.docx
Report compiled on: July 17, 2025
312
Page 1 of 5
RESOLUTION NO XXXX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2026 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF
BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO
ENCOMPASS ANNEXED PROPERTIES.
WHEREAS, the City Commission of the City of Bozeman did on the 16th day of July
1990, following notice and public hearing, regularly pass Commission Resolution No. 2804
entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR THE
PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC PLACES,
RIGHTS-OF-WAYS AND PARKS.
Which Commission Resolution No. 2804 provides the basis and method of assessing the cost
against property herein assessed; and
WHEREAS Commission Resolution No. 2804 further provides that said special
assessments shall be made, levied, and collected in the same manner as are other special
assessments and levies of the City of Bozeman; and
WHEREAS, Section 7-12-4179, Montana Code Annotated, allows the district boundaries
to be changed by resolution; and
313
Resolution No. 25-XXXX, Tree Maintenance Assessments, FY26
Page 2 of 5
WHEREAS, the district boundaries are the city corporate limits, to include all annexed
property as of the date of this resolution; and
WHEREAS, to defray the costs of tree maintenance for the coming assessment year, the
Commission must now establish an assessment to be levied for said services.
NOW THEREFORE, pursuant to the provisions of said Commission Resolution No.
2804 and the laws of the State of Montana,
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF
THE CITY OF BOZEMAN, STATE OF MONTANA:
Section 1
To defray the estimated cost and expense of planting and maintaining trees in all public places,
rights-of-way and parks located within the maintenance district, which is hereby extended to
include the city’s corporate limits existing as of the date of this resolution, for Fiscal Year 2026,
there is hereby levied and assessed against the assessable area of the several lots, pieces and parcels
of land benefited by the maintenance district within the City of Bozeman as set forth in Schedule
A, attached hereto and by this reference made a part hereof, which describes each lot or parcel of
land with the name of the owner and/or owners, if known, and the amount assessed against the
same. The said sums shall be paid, and the collection thereof be made in the manner and in
accordance with Commission Resolution No. 2804 of the City of Bozeman, Montana, and the laws
of the State of Montana governing the collection of maintenance district assessments. Failure to
pay such assessment when the same shall become due and payable shall make such persons and
such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes
and assessments. The November assessments shall become delinquent at 5:01 p.m. on December
1, 2025, and the May assessments shall become delinquent at 5:01 p.m. on June 1, 2026.
Section 2
314
Resolution No. 25-XXXX, Tree Maintenance Assessments, FY26
Page 3 of 5
The assessment basis and method of assessing the costs of the maintenance district against property
herein assessed shall be as specified in Resolution No. 2804, which is hereby incorporated by this
reference and made a part of this Resolution.
Section 3
The per-square-foot assessment rate in said maintenance district shall be 0.004320, per square foot
of actual lot area, with a limit on the maximum square footage assessed for zones listed below.
For non-conforming residences located in business and manufacturing zoning districts without any
business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed.
Zoning Maximum assessment square footage (Cap)
R-1 15,000 sq ft
R-2 15,000 sq ft
R-3 15,000 sq ft
R-4 15,000 sq ft
R-5 15,000 sq ft
RMH 8,260 sq ft/unit
RS 15,000 sq ft
RO No Cap on developed parcels.
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
PLI (including MSU,
Schools, Govt,
Hospital, & Public
Owned property)
25% of total sq ft
REMU No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Business Zones No Cap on developed parcels
315
Resolution No. 25-XXXX, Tree Maintenance Assessments, FY26
Page 4 of 5
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Manufacturing
Zones
No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
Section 4
This assessment shall be levied for the fiscal year of July 1, 2025, through June 30, 2026, and be
billed in October 2025 as are all other special assessments. Any condominium and/or subdivision
of land recorded on or before September 30, 2025, is subject to assessment for Fiscal Year 2026.
Section 5
The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall,
121 N Rouse Ave, Bozeman, Montana, on the 5th day of August 2025 at 6:00 p.m., and the same
is hereby designated as the time and place at which objections to the final adoption of the
Resolution will be heard by said Commission.
Section 6
The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice
signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to
defray the cost and expense of planting and maintaining trees in all public places, rights-of-way
and parks located within the City’s corporate limits for the Fiscal Year 2026, against the property
on which such service was rendered, is on file in the office of the City Clerk and subject to
inspection. Said notice states the time and place at which objections will be heard by the
Commission to the final adoption of the Resolution. The final publication of said Notice was
published at least five (5) days before the date set by the Commission for hearing objections and
final adoption of this Resolution.
316
Resolution No. 25-XXXX, Tree Maintenance Assessments, FY26
Page 5 of 5
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana at a regular session thereof held on the 5th day of August 2025.
____________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
_________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
317
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Kaitlin Johnson, Budget Manager
SUBJECT:Resolution Establishing a Three (3) Percent Increase to Arterial and Collector
Street Special District Assessments for Fiscal Year 2025-2026 (FY26).
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to adopt the Commission Resolution
establishing a 3% increase in Arterial and Collector Street Maintenance
Assessments for FY26, making the assessment rate $0.008500 per assessable
square foot.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:On August 31, 2015, the City Commission passed Commission Resolution No.
4640 creating the Arterial & Collector Street Special District for the purpose
of funding the construction, improvements, and maintenance of
transportation facilities related to arterials and collector streets. On June 10,
2025, the City Commission adopted the Resolution 2025-26 adopting the
FY26 Budget, which included a 3% increase in Arterial and Collector Street
Maintenance Assessments to support eligible district expenditures.
UNRESOLVED ISSUES:None
ALTERNATIVES:Changes to the rate approved in the FY26 Budget may require budget
amendments to ensure a balanced budget.
FISCAL EFFECTS:The assessment rate proposed is consistent with the FY26 Budget. The
estimated annual increase to the median homeowner, on a 7,500 square
foot lot, is approximately $1.86. The total annual assessment estimated for
the median homeowner is $63.75.
Attachments:
Resolution_Arterial-
CollectorStreet_Mtc_Assessments_FY26.pdf
318
Report compiled on: July 22, 2025
319
Page 1 of 5
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2026 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE ARTERIAL AND COLLECTOR STREET
MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE
BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
WHEREAS, the City Commission of the City of Bozeman did on the 31st day of August,
2015, following notice and public hearing regularly pass Commission Resolution No. 4640
entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, CREATING THE ARTERIAL AND COLLECTOR STREET
SPECIAL DISTRICT FOR THE PURPOSE OF FUNDING THE CONSTRUCTION,
IMPROVEMENTS, AND MAINTENANCE OF TRANSPORTATION FACILITIES
RELATED TO ARTERIALS AND COLLECTOR STREETS.
Which Commission Resolution No. 4640 provides the basis and method of assessing the cost
against property herein assessed; and
WHEREAS, Commission Resolution No. 4640 further provides that said special
assessments shall be made, levied, and collected in the same manner as are other special
assessments and levies of the City of Bozeman; and
320
Resolution 5609, Levying and Assessing Arterial and Collector Maintenance District for FY26
Page 2 of 5
WHEREAS, in accordance with Commission Resolution No. 4640, the district boundaries
are the city corporate limits as amended from time to time by annexation; and
WHEREAS, to defray the costs of arterial and collector street maintenance for the coming
assessment year, the Commission must now establish an assessment to be levied for said services.
NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No.
4640 and the laws of the State of Montana,
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF
THE CITY OF BOZEMAN, STATE OF MONTANA:
Section 1
To defray the cost and expense of the maintenance of arterial and collector streets located within
the district, which is hereby extended to include the city’s corporate limits including all annexed
properties as of the date of this Resolution, for fiscal year 2026 the City of Bozeman hereby levies
and assesses upon all property located within the district the respective amounts listed on Schedule
A, attached hereto and by this reference made a part of this Resolution. The assessment amounts
set forth on Schedule A shall be paid and collected in accordance with Commission Resolution of
the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of
special district assessments. Failure to pay such assessment when due and payable shall make
such persons and such lots and parcels of land liable to the penalties provided by law relative to
delinquent taxes and assessments. This assessment will be billed with the 2025 Gallatin County
Property Taxes and shall become delinquent at 5:01 p.m. on December 1, 2025, and the May
assessments shall become delinquent at 5:01 p.m. on June 1, 2026, unless stated otherwise by
Gallatin County.
Section 2
The assessment basis and method of assessing the costs of the district against property herein
assessed shall be as specified in Resolution No. 4640, which is hereby incorporated by this
reference and made a part of this Resolution.
321
Resolution 5609, Levying and Assessing Arterial and Collector Maintenance District for FY26
Page 3 of 5
Section 3
That the per-square-foot assessment rate in said district shall be $0.008500 per square foot of actual
lot area, with a limit on the maximum square footage assessed for zones as listed below.
For non-conforming residences located in business and manufacturing zoning districts without any
business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed.
Zoning Maximum assessment square footage (Cap)
R-1 15,000 sq ft
R-2 15,000 sq ft
R-3 15,000 sq ft
R-4 15,000 sq ft
R-5 15,000 sq ft
RMH 8,260 sq ft/unit RS 15,000 sq ft
RO No Cap on developed parcels. Cap of 15,000 sq ft on undeveloped (parcels that have no structures and have not received subdivision review.)
PLI (including MSU, Schools, Govt,
Hospital, & Public
Owned property)
25% of total sq ft
REMU No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Business Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Manufacturing
Zones
No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.)
322
Resolution 5609, Levying and Assessing Arterial and Collector Maintenance District for FY26
Page 4 of 5
Section 4
This assessment shall be levied for the fiscal year of July 1, 2025, through June 30, 2026, and be
billed in October 2025 as are all other special assessments.
Section 5
The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall,
121 N. Rouse Ave, Bozeman, Montana, on the 5th day of August 2025 at 6:00 p.m., and the same
is hereby designated as the time and place at which objections to the final adoption of the
Resolution will be heard by said Commission.
Section 6
The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice
signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to
defray the cost and expense of maintenance of all arterial and collector streets located within the
City’s corporate limits for the fiscal year 2026, against the property on which such service was
rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the
time and place at which objections will be heard by the Commission to the final adoption of the
Resolution. Said Notice was published at least five (5) days before the date set by the Commission
for hearing objections and final adoption of this Resolution.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana at a regular session thereof held on the 5th day of August 2025.
____________________________ TERENCE CUNNINGHAM Mayor
323
Resolution 5609, Levying and Assessing Arterial and Collector Maintenance District for FY26
Page 5 of 5
ATTEST:
____________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
City Attorney
324
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Kaitlin Johnson, Budget Manager
SUBJECT:Resolution Establishing a Three (3) Percent Increase to Parks and Trails
Maintenance District Assessments for Fiscal Year 2025-2026 (FY26).
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to adopt the Commission Resolution
establishing a 3% increase in Parks and Trails Maintenance District
Assessments for FY26, making the assessment rate $0.029518 per assessable
square foot.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:On May 5, 2020 the Citizens of Bozeman voted to approve the creation of a
Parks & Trails District in an effort to solve three major issues: deferred
maintenance, operations and maintenance, and equity. On June 10, 2025,
the City Commission adopted the Resolution 2025-26 adopting the FY26
Budget, which included a 3% increase in Parks and Trails Maintenance
District Assessments to support eligible district expenditures.
UNRESOLVED ISSUES:None
ALTERNATIVES:Changes to the rate approved in the FY26 Budget may require budget
amendments to ensure a balanced budget.
FISCAL EFFECTS:The assessment rate proposed is consistent with the FY26 Budget. The
estimated annual increase to the median homeowner, on a 7,500 square
foot lot, is approximately $6.45. The total annual assessment estimated for
the median homeowner is $221.39.
Attachments:
Resolution_Parks___Trails_Maintenance_Dist_FY26.pdf
Report compiled on: July 22, 2025
325
326
Page 1 of 4
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2026 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE PARKS AND TRAILS DISTRICT IN THE CITY OF
BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO
ENCOMPASS ANNEXED PROPERTIES.
WHEREAS, on May 5, 2020, the voter of the City of Bozeman approved the creation of
a Parks and Trails District (the “District”); and
WHEREAS, the City Commission of the City of Bozeman did on the 1st day of June,
2020, following notice and public hearing pass Commission Resolution No. 5180 entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ORDERING THE CREATION OF A PARKS AND TRAILS SPECIAL
DISTRICT WITHIN THE INCORPORATED LIMITS OF THE CITY OF
BOZEMAN, MONTANA PURSUANT TO THE RESULTS OF THE MAY 5, 2020
ELECTION; and
WHEREAS, the City Commission of the City of Bozeman did on the 2nd day of
December, 2019, following notice and public hearing regularly pass Commission Resolution No.
5053, a Resolution: (i) ordering a referendum on the creation of the District; (ii) providing the
basis and method of assessing the cost against property herein assessed; and (iii) stating the City
Commission will, as part of its regular budget process, estimating the total costs of the District for
the following fiscal year; and
WHEREAS, in accordance with Commission Resolution No. 5053, the District
boundaries are the corporate limits of the City as amended from time to time by annexation; and
327
Resolution Levying and Assessing Parks and Trails District
Page 2 of 4
WHEREAS, to defray the costs of the district for the coming assessment year (fiscal year
2026), the Commission must now establish an assessment to be levied for to defray the costs of
the District.
NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No.
5053 and the laws of the State of Montana,
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF
THE CITY OF BOZEMAN, STATE OF MONTANA:
Section 1
To defray the cost and expense of the District, which is hereby extended to include the City’s
corporate limits including all annexed properties as of the date of this Resolution, for fiscal year
2026 the Bozeman City Commission hereby levies and assesses upon all property located within
the district the respective amounts listed on Schedule A, attached hereto and by this reference made
a part of this Resolution. The assessments are an amount equal to the annual cost of the programs
and improvements of the District. The assessment amounts set forth on Schedule A shall be paid
and collected in accordance with Commission Resolution No. 5053, and the laws of the State of
Montana governing the collection of special district assessments. Failure to pay such assessment
when due and payable shall make such persons and such lots and parcels of land liable to the
penalties provided by law relative to delinquent taxes and assessments. This assessment will be
billed with the 2025 Gallatin County Property Taxes and shall become delinquent at 5:01 p.m. on
December 1, 2025, and the May assessments shall become delinquent at 5:01 p.m. on June 1, 2026,
unless stated otherwise by Gallatin County.
Section 2
The assessment basis and method of assessing the costs of the District against property herein
assessed shall be as specified in Resolution No. 5053, which is hereby incorporated by this
reference and made a part of this Resolution.
Section 3
That the per-square-foot assessment rate in said district shall be $0.029518 per square foot of actual
lot area, with a limit on the maximum square footage assessed for zones as listed below.
For non-conforming residences located in business and manufacturing zoning districts without any
business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed.
328
Resolution Levying and Assessing Parks and Trails District
Page 3 of 4
Zoning Maximum assessment square footage (Cap)
R-1 15,000 sq ft
R-2 15,000 sq ft
R-3 15,000 sq ft
R-4 15,000 sq ft
R-5 15,000 sq ft
RMH 8,260 sq ft/unit
RS 15,000 sq ft
RO No Cap on developed parcels.
Cap of 15,000 sq ft on undeveloped (parcels that have
no structures and have not received subdivision
review.)
PLI (including MSU,
Schools, Govt,
Hospital, & Public
Owned property)
25% of total sq ft
REMU; NEHMU;
UMU
No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Business Zones No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Manufacturing
Zones
No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
Section 4
This assessment shall be levied for the fiscal year of July 1, 2025, through June 30, 2026, and be
billed in October 2025 as are all other special assessments.
329
Resolution Levying and Assessing Parks and Trails District
Page 4 of 4
Section 5
The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall,
121 N. Rouse Ave, Bozeman, Montana, on the 5th day of August 2025 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission.
Section 6
The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice
signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to
defray the cost and expense of maintenance of all city owned parks and trails located within the
City’s corporate limits for the fiscal year 2026, against the property on which such service was
rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the
time and place at which objections will be heard by the Commission to the final adoption of the
Resolution. Said Notice was published at least five (5) days before the date set by the Commission
for hearing objections and final adoption of this Resolution.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana at a regular session thereof held on the 5th day of August 2025.
____________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_______________________________
GREG SULLIVAN
City Attorney
330
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Kaitlin Johnson, Budget Manager
SUBJECT:Resolution Establishing a Three (3) Percent Increase to Street Maintenance
District Assessments for Fiscal Year 2025-2026 (FY26).
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to adopt the Commission Resolution
establishing a 3% increase in Street Maintenance District Assessments for
FY26, making the assessment rate $0.040217 per assessable square foot.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:On July 16, 1990, the City Commission passed Commission Resolution No.
2803 creating a city-wide maintenance district for all streets, alleys and
public places located within the city’s corporate limits, known formally as
the Street Maintenance District. On June 10, 2025, the City Commission
adopted Resolution 2025-26 adopting the FY26 Budget, which included an
3% increase in Street Maintenance District Assessments to support eligible
district expenditures.
UNRESOLVED ISSUES:None
ALTERNATIVES:Changes to the rate approved in the FY26 Budget may require budget
amendments to ensure a balanced budget.
FISCAL EFFECTS:The assessment rate proposed is consistent with the Fiscal Year 2026
Adopted Budget. The estimated annual increase to the median homeowner,
on a 7,500 square foot lot, is approximately $8.78. The total annual
assessment estimated for the median homeowner is $301.63.
Attachments:
Commission_Resolution_-
_Street_Maintenance_Dist_FY26.pdf
Report compiled on: July 22, 2025
331
332
Page 1 of 5
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL
YEAR 2026 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF
GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE
INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY
OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO
ENCOMPASS ANNEXED PROPERTIES.
WHEREAS, the City Commission of the City of Bozeman did on the 16th day of July
1990, following notice and public hearing, regularly pass Commission Resolution No. 2803
entitled:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR ALL
STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN THE CITY’S
CORPORATE LIMITS AND REPEALING COMMISSION RESOLUTION NOS. 1650,
CREATING SPRINKLING DISTRICT NO 5; 1651, CREATING SPRINKLING
DISTRICT NO 6; 1652 CREATING SPRINKLING DISTRICT NO 7; 1653, CREATING
SPRINKLING DISTRICT NO 8; AND 1654, CREATING SPRINKLING DISTRICT NO 9.
Which Commission Resolution No. 2803 provides the basis and method of assessing the cost
against property herein assessed; and
333
Resolution Levying Assessment for Street Maintenance District for FY26
Page 2 of 5
WHEREAS, Commission Resolution No. 2803 further provides that said special
assessments shall be made, levied, and collected in the same manner as are other special
assessments and levies of the City of Bozeman; and
WHEREAS, Section 7-12-4403, Montana Code Annotated, allows the district boundaries
to be changed by resolution; and
WHEREAS, the district boundaries are the city corporate limits, to include all annexed
property as of the date of this resolution; and
WHEREAS, to defray the costs of street maintenance for the coming assessment year, the
Commission must now establish an assessment to be levied for said services.
NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No.
2803 and the laws of the State of Montana,
BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF
THE CITY OF BOZEMAN, STATE OF MONTANA:
Section 1
To defray the estimated cost and expense of the maintenance of streets, alleys and public places
located within the maintenance district, which is hereby extended to include the city’s corporate
limits existing as of the date of this resolution, for Fiscal Year 2026 there is hereby levied and
assessed against the assessable area of the several lots, pieces and parcels of land benefited by the
maintenance district within the City of Bozeman as set forth in Schedule A, attached hereto and
by this reference made a part hereof, which describes each lot or parcel of land with the name of
the owner and/or owners, if known, and the amount assessed against the same. The said sums
shall be paid, and the collection thereof be made in the manner and in accordance with Commission
Resolution No. 2803 of the City of Bozeman, Montana, and the laws of the State of Montana
governing the collection of maintenance district assessments. Failure to pay such assessment when
the same shall become due and payable shall make such persons and such lots and parcels of land
liable to the penalties provided by law relative to delinquent taxes and assessments. This
assessment will be billed with the 2025 Gallatin County Property Taxes and shall become
334
Resolution Levying Assessment for Street Maintenance District for FY26
Page 3 of 5
delinquent at 5:01 p.m. on December 1, 2025, and the May assessments shall become delinquent
at 5:01 p.m. on June 1, 2026, unless stated otherwise by Gallatin County.
Section 2
The assessment basis and method of assessing the costs of the maintenance district against property
herein assessed shall be as specified in Resolution No. 2803, which is hereby incorporated by this
reference and made a part of this Resolution.
Section 3
The per-square-foot assessment rate in said maintenance district shall be $0.040217 per square
foot of actual lot area, with a limit on the maximum square footage assessed for zones as listed
below.
For non-conforming residences located in business and manufacturing zoning districts without any
business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed.
Zoning Maximum assessment square footage (Cap)
R-1 15,000 sq ft
R-2 15,000 sq ft
R-3 15,000 sq ft
R-4 15,000 sq ft
R-5 15,000 sq ft
RMH 8,260 sq ft/unit RS 15,000 sq ft
RO No Cap on developed parcels. Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.)
PLI (including MSU, Schools, Govt,
Hospital, & Public
Owned property)
25% of total sq ft
REMU No Cap on developed parcels
335
Resolution Levying Assessment for Street Maintenance District for FY26
Page 4 of 5
Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Business Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that
have no structures and have not received subdivision
review.)
All Manufacturing
Zones
No Cap on developed parcels
Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.)
Section 4
This assessment shall be levied for the fiscal year of July 1, 2025, through June 30, 2026, and be
billed in October 2025 as are all other special assessments. Any condominium and/or subdivision
of land recorded on or before September 30, 2025, is subject to assessment for Fiscal Year 2026.
Section 5
The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall,
121 N. Rouse Ave, Bozeman, Montana, on the 5th day of August 2025 at 6:00 p.m., and the same
is hereby designated as the time and place at which objections to the final adoption of the
Resolution will be heard by said Commission.
Section 6
The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice
signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to
defray the cost and expense of maintenance of all streets, alleys, and public places located within
the City’s corporate limits for the Fiscal Year 2026, against the property on which such service
was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states
336
Resolution Levying Assessment for Street Maintenance District for FY26
Page 5 of 5
the time and place at which objections will be heard by the Commission to the final adoption of
the Resolution. The final publication of said Notice was published at least five (5) days before the
date set by the Commission for hearing objections and final adoption of this Resolution.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana at a regular session thereof held on the 5th day of August 2025.
_______________________________ TERENCE CUNNINGHAM Mayor ATTEST:
____________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
____________________________________ GREG SULLIVAN City Attorney
337
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Sarah Rosenberg, Historic Preservation Officer
SUBJECT:Appointments to the Historic Preservation Advisory Board
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to reassign James Webster to the role of
Historic District Representative, with a term ending June 30, 2027.
AND
I move to reappoint Ashley Wilson to an At-large position with a term
expiring June 30, 2027.
AND
I move to reappoint Michael Wiseman to the Architect position with a term
expiring June 30, 2027.
AND
I move to appoint Mitchell Korus to an At-large position with a term expiring
June 30, 2026.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The existing Historic District Representative's term expired June 30, 2025.
Neither of the applications received are from a resident within the historic
districts; however, current At-large Member, Jim Webster, does reside in a
historic district.
Therefore, by redesignating Jim Webster to the role of Historic District
Representative would allow appointments of the reapplicant, Ashley Wilson,
and new applicant, Mitchell Korus, to be appointed to At-large positions.
In addition, the existing Architect term expired June 30, 2025. Michael
Wiseman has reapplied and will be appointed to that position.
This approach will create a fully appointed board.
UNRESOLVED ISSUES:None
338
ALTERNATIVES:As determined by Commission.
FISCAL EFFECTS:None.
Attachments:
12-11-24 - CAB Applications - James (Jim) Webster.pdf
Ashley Wilson 05-27-25.pdf
Mitchell Korus 06-21-25.pdf
06-16-23 - CAB Applications - Michael Wiseman.pdf
Report compiled on: July 28, 2025
339
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
James (Jim) Webster
* Residential Address
311 South Third Ave.
Bozeman MT 59715
* Primary Phone
(406) 581-8614
* Current Occupation
Investment Advisor
* Employer
D.A. Davidson & Co. 1999-Present)
* Email
jwebster587@gmail.com
Which position are you applying for?
Historic Preservation Advisory Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
* Have you ever served on a City or County Board or Commission?
Yes
Where, how long, and what Board?
HPAB from 1993-2008; Story Mansion Task Force from 2003-2007
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
I was an active member of the HPAB on my first "go-round" serving as Chair, Vice-Chair and Secretary over my 15 year period. I was extremely active in the city's process
of acquiring the Story Mansion in 2002-2003 and when City Manager Clark Johnson asked me to Co-Chair the Story Mansion Task Force right after the city purchased the
property, I was inspired to do so. As a result, I was drawn into many controversial discussions and worked to always act in the best interests of the community.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
We practice DEI regularly at D.A. Davidson and there are written guidelines that speak to our adherence to them as employees. These are principles that I believe in and
thus they are part of my own ethos.
References
Page | 1 340
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Todd Wilkinson
* Phone
(406) 587-4876
* Email
tawilk@aol.com
* Reference #2 Full Name
Allyson Brekke
* Phone
(406) 579-5525
* Email
allycaroline@gmail.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
I understand from the city's HPO, Sarah Rosenberg, that there is a recent vacancy.
Is there any other information that you feel we need to know?
Thank you for considering my application. I feel that I can add some constructive ideas to the mix on the HPAB and look forward to doing so. The wheel is "spinning faster"
in Bozeman, and now more than ever, we need to be thoughtful and mindful of how we face the changes that challenge our area. For the record, I have worked with my
two above references on preservation issues. Todd and I are both former HPAB members and Allyson Brekke became City HPO right after the Story Mansion purchase.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 341
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
Ashley Wilson
* Residential Address
1220 Hunters way
Bozeman MT 59718
* Primary Phone
(310) 701-9228
* Current Occupation
Interior Designer
* Employer
Envi Interior Design Studio
* Email
ashleyharville@yahoo.com
Which position are you applying for?
Historic Preservation Advisory Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
* Have you ever served on a City or County Board or Commission?
Yes
Where, how long, and what Board?
HPAB, 2 years
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
I have a deep love for the old houses and buildings in Bozeman. These places are our direct connection to history and our ancestors. Working in the building industry makes
me appreciate them even more.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
In my past career as a Clothing Designer, the company I worked for had all employees take bias training courses. It was great to learn even more ways to bring compassion
and respect into the workplace.
References
Page | 1 342
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Ryan Wilson
* Phone
(406) 570-8834
* Email
rw@bcg-mt.com
* Reference #2 Full Name
Diane Radcliffe
* Phone
(406) 599-0815
* Email
dradclifferdh@hotmail.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
I am on the board currently
Is there any other information that you feel we need to know?
**SKIPPED**
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 343
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
mitchell korus
* Residential Address
344 Kimball avenue
Bozeman Montana 59718
* Primary Phone
(406) 980-9880
* Current Occupation
Realtor/Broker
* Employer
Small Dog Realty
* Email
Mitchell@smalldogrealty.com
Which position are you applying for?
Historic Preservation Advisory Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
1-5 years
* Have you ever served on a City or County Board or Commission?
Yes
Where, how long, and what Board?
historic preservation/Police citzens /Homeless Committee over 30 years
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
Passioniate about historic preservation and History Have owned several historic properties and have developed and renovated
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
I was a founding member of AIDS.org Have been at the forfront of the movement since Stonewall
References
Please provide name, phone, and email contact information for two references.
Page | 1 344
* Reference #1 Full Name
Pam McCutcheon
* Phone
(406) 220-2013
* Email
pam@smalldogrealty.com
* Reference #2 Full Name
Chaim Shal Bruk
* Phone
(406) 600-4934
* Email
rabbi@jewishmontana.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
public posting
Is there any other information that you feel we need to know?
**SKIPPED**
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 345
Submission #2492649
IP Address 137.26.77.138
Submission Recorded On 06/09/2023 8:11 AM
Time to Take Survey 12 minutes, 12 seconds
Page 1
WELCOME
Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance
in the decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Advisory
Boards that advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the
least, the demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323.
Applicant Information
*Full Name
Michael Wiseman
*Residential Address
1465 Maiden Spirit St
Bozeman MT 59715
*Primary Phone
(406) 581-4473
*
Architect
*
Architecture 118
*
mike@arch118.com
Historic Preservation Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
11 years or more
*Have you ever served on a City or County Board or Commission?
Yes
Historic Preservation Board, 1 year
*
I'm an architect in the city and have been an active board member. I have an acute sense of the changes in Bozeman and a desire to help navigate the process, especially
with respect to historical perspectives.
*
I've been training with my daughters.
References
Please provide name, phone, and email contact information for two references.
*Reference #1 Full Name
Current Occupation
Employer
Email
Which position are you applying for?
How long have you lived in the Bozeman Area?
Where, how long, and what Board?
Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your
understanding of DEI.
346
Linda Semones
*Phone
(406) 587-1516
*
lindasemones@hotmail.com
*Reference #2 Full Name
Scott Hedglin
*Phone
(406) 404-1777
*
scott@arch118.com
*
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be
expected to take online and in person ethics training?
Yes
Current board member
**SKIPPED**
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 406-582-3232 (TDD 406-582-2301).
Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Email
Email
How did you hear about this board or vacancy?
Is there any other information that you feel we need to know?
347
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Appointments to the Community Development Board
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint Courtney Johnson to an At-large
position with a term ending December 31, 2027.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Community Development Board currently has two At-large, Mayoral
Appointment positions that are vacant.
Upon review of the submitted applications, it was determined that only one
of the candidates had the requisite qualifications for appointment -
Courtney Johnson.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by Commission.
FISCAL EFFECTS:None.
Attachments:
Courtney Johnson 01-10-25.pdf
Jonas Bieliauskas 07-09-25.pdf
Report compiled on: July 28, 2025
348
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
Courtney Johnson
* Residential Address
991 Auger Ln
Bozeman MT 59718
* Primary Phone
(406) 579-0582
* Current Occupation
Architect
* Employer
Johnson Design Works
* Email
courtneyjohnsonmt@gmail.com
Which position are you applying for?
**SKIPPED**
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
* Have you ever served on a City or County Board or Commission?
No
Where, how long, and what Board?
**SKIPPED**
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
My experience as a previous Senior Planner for Bozeman and University Architect for Montana State University has given me a deep understanding of zoning, land use
policies, and master planning. I have worked on significant civic, commercial, and educational projects that align with Bozeman's goals for smart, sustainable growth. With
forthcoming changes to the UDC, I am eager to serve and contribute to shaping Bozeman’s future through thoughtful, community-driven development.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
I have always worked to ensure my projects serve and benefit all members of the public. From designing inclusive spaces to collaborating with diverse community groups, I
strive to create equitable and accessible development that reflects the needs of the entire community.
References
Page | 1 349
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Marty Matsen
* Phone
(406) 600-8867
* Email
matsen@fallcreekplanning.com
* Reference #2 Full Name
Buzz Tarlow
* Phone
(406) 580-9714
* Email
buzztarlow@gmail.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
**SKIPPED**
Is there any other information that you feel we need to know?
I am interested in serving on the Community Development Board
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 350
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
* Full Name
Jonas Bieliauskas
* Residential Address
11 S Sweetgrass Ave
Bozeman Montana 59718
* Primary Phone
(513) 746-8296
* Current Occupation
Financial Advisor
* Employer
Stifel Investments
* Email
jonas.bieliauskas@stifel.com
Which position are you applying for?
**SKIPPED**
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
1-5 years
* Have you ever served on a City or County Board or Commission?
No
Where, how long, and what Board?
**SKIPPED**
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
Experienced financial advisor with a background in wealth management and community leadership. Former board member for nonprofit and alumni organizations, with a
passion for economic growth, civic engagement, and supporting local businesses. Committed to Bozeman’s development through strategic insight and community
connection.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
I’ve expanded my understanding of DEI through board service with the Ovarian Cancer Alliance and Cancer Support Community Montana, supporting inclusive outreach and
community engagement. I value diverse perspectives and strive to foster equity in both professional and personal settings. My business helps a diverse background of
clients from many stages of life, wealth, ethnic backgrounds and belief systems.
Page | 1 351
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Todd Frediani
* Phone
(406) 586-1385
* Email
fredianit@stifel.com
* Reference #2 Full Name
Dave Palagi
* Phone
(406) 556-4401
* Email
palagid@stifel.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
Saw vacancies on the city's website
Is there any other information that you feel we need to know?
This application is for the community development board that shows two vacancies but did not allow me to select from the dropdown.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 352
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Emily Cope, Economic Development Director of Downtown Bozeman
Partnership
SUBJECT:Appointments to the Downtown Business Improvement District Board
MEETING DATE:August 5, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint Randy Scully and Ileana Indreland to
At-large positions with terms ending June 30, 2027.
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:Two current members, Randy Scully and Ileana Indreland, have At-large,
Commission appointment positions which expired June 30, 2025.
Both members expressed interest in retaining their membership on the
Board; given the requirements and qualifications of the board, and the
transition to a new application platform, the clerks' department did not
require new applications from them. Commissioner Fischer is the
Commission Liaison to the Downtown Business Improvement District Board.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by Commission.
FISCAL EFFECTS:None.
Report compiled on: July 28, 2025
353
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, Interim City Manager Danielle Scharf, Principal
Docusign Envelope ID: 0728D9F5-18FA-4887-BCF9-9438499F8D6B
January 28, 2025
229354
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.
Docusign Envelope ID: 0728D9F5-18FA-4887-BCF9-9438499F8D6B
230355
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
Docusign Envelope ID: 0728D9F5-18FA-4887-BCF9-9438499F8D6B
231356
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.
Docusign Envelope ID: 0728D9F5-18FA-4887-BCF9-9438499F8D6B
232357
Certificate Of Completion
Envelope Id: 0728D9F5-18FA-4887-BCF9-9438499F8D6B Status: Completed
Subject: Complete with Docusign: G.15 Task_Order_008_Full w Sanbell for N7th Ped Crossing.pdf
Source Envelope:
Document Pages: 4 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Mike Maas
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-07:00) Mountain Time (US &
Canada)
Stamps: 1 PO Box 1230
Bozeman, MT 59771
Mmaas@bozeman.net
IP Address: 208.94.236.114
Record Tracking
Status: Original
1/30/2025 11:55:24 AM
Holder: Mike Maas
Mmaas@bozeman.net
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bozeman Location: DocuSign
Signer Events Signature Timestamp
Danielle Scharf
dscharf@sandersonstewart.com
Principal/Bozeman Region Manager
Sanderson Stewart
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 63.239.65.234
Sent: 1/30/2025 11:56:26 AM
Viewed: 1/30/2025 1:14:11 PM
Signed: 1/30/2025 1:14:32 PM
Electronic Record and Signature Disclosure:
Accepted: 1/30/2025 1:14:11 PM
ID: 1d2acaa7-31ac-4f31-b231-84e5ede0c564
Chuck Winn
cwinn@bozeman.net
City Manager
City of Bozeman
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 208.94.236.113
Sent: 1/30/2025 1:14:34 PM
Viewed: 1/30/2025 1:39:31 PM
Signed: 1/30/2025 1:39:40 PM
Electronic Record and Signature Disclosure:
Accepted: 1/30/2025 1:39:31 PM
ID: 08df006d-1f6c-4869-8ffd-2f2bbe8415fa
Mike Maas
mmaas@bozeman.net
City Clerk
City of Bozeman
Security Level: Email, Account Authentication
(None)
Signed
Using IP Address: 208.94.236.114
Sent: 1/30/2025 1:39:41 PM
Viewed: 1/31/2025 11:20:13 AM
Signed: 1/31/2025 11:20:19 AM
Electronic Record and Signature Disclosure:
Accepted: 1/6/2020 4:08:14 PM
ID: 79370d6f-72a4-4837-866f-9ec31f00062f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
233358
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Jesse DiTommaso
jditommaso@bozeman.net
Economic Development Specialist
City of Bozeman
Security Level: Email, Account Authentication
(None)
Sent: 1/31/2025 11:20:21 AM
Viewed: 2/4/2025 2:32:46 PM
Electronic Record and Signature Disclosure:
Accepted: 3/25/2022 2:34:30 PM
ID: 46577c8a-5eb2-4ca4-bc57-d65950eb4b8f
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 1/30/2025 11:56:26 AM
Certified Delivered Security Checked 1/31/2025 11:20:13 AM
Signing Complete Security Checked 1/31/2025 11:20:19 AM
Completed Security Checked 1/31/2025 11:20:21 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
234359
CONSUMER DISCLOSURE
From time to time, City of Bozeman (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign, Inc.
(DocuSign) electronic signing system. Please read the information below carefully and
thoroughly, and if you can access this information electronically to your satisfaction and agree to
these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the
bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a
DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your
consent to receive required notices and disclosures electronically from us and you will no longer
be able to use the DocuSign system to receive required notices and consents electronically from
us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM
Parties agreed to: Danielle Scharf, Chuck Winn, Mike Maas, Jesse DiTommaso
235360
How to contact City of Bozeman:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: jolson@bozeman.net
To advise City of Bozeman of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at jolson@bozeman.net and in the
body of such request you must state: your previous e-mail address, your new e-mail address. We
do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in the DocuSign system.
To request paper copies from City of Bozeman
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to jolson@bozeman.net and in the body
of such request you must state your e-mail address, full name, US Postal address, and telephone
number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bozeman
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign session, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to jolson@bozeman.net and in the body of such request you must
state your e-mail, full name, US Postal Address, and telephone number. We do not need
any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer
time to process..
Required hardware and software
Operating
Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X
Browsers:
Final release versions of Internet Explorer® 6.0 or above (Windows only);
Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above
(Mac only)
PDF Reader: Acrobat® or similar software may be required to view and print PDF files
Screen
Resolution: 800 x 600 minimum
236361
Enabled Security
Settings: Allow per session cookies
** These minimum requirements are subject to change. If these requirements change, you will be
asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and
browsers are not supported.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you were
able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to e-mail
this disclosure and consent to an address where you will be able to print on paper or save it for
your future reference and access. Further, if you consent to receiving notices and disclosures
exclusively in electronic format on the terms and conditions described above, please let us know
by clicking the ‘I agree’ button below.
By checking the ‘I agree’ box, I confirm that:
I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC CONSUMER DISCLOSURES document; and
I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
Until or unless I notify City of Bozeman as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Bozeman during the course of my relationship with you.
237362
Professional Services Agreement for Ballot Education Communications Services Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 24th day of July, 2025 (“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, __________________________, 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, 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
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.
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
Strategies 360
71363
Professional Services Agreement for Ballot Education Communications Services Page 2 of 11
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
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
72364
Professional Services Agreement for Ballot Education Communications Services Page 3 of 11
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
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]
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
73365
Professional Services Agreement for Ballot Education Communications Services 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:
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
74366
Professional Services Agreement for Ballot Education Communications Services 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
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
75367
Professional Services Agreement for Ballot Education Communications Services Page 6 of 11
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 Takami Clark, Communications & Engagement Manager, 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 _____________________ 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
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
Matt Davidson
76368
Professional Services Agreement for Ballot Education Communications Services Page 7 of 11
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 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
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
77369
Professional Services Agreement for Ballot Education Communications Services Page 8 of 11
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
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.
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
78370
Professional Services Agreement for Ballot Education Communications Services Page 9 of 11
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:
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
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
79371
Professional Services Agreement for Ballot Education Communications Services Page 10 of 11
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
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 December 2026.
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
80372
Professional Services Agreement for Ballot Education Communications 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 ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chuck Winn, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Anna Saverud, Chief Civil Attorney
Docusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
Strategies 360
CEO
Ron Dotzauer
81373
Scope of Project: Budget Allocation
Media Planning & Buying ($20,000)
●Digital advertising campaigns (Meta & Google)
●Traditional media placement (radio, newspaper if possible)
●Programmatic display advertising
●Analytics and performance tracking across all channels
Community Engagement & Accessibility ($5,000)
●Community partnership development
●Staff and partner training materials
●Public meeting support
●Accessibility compliance and language services
●Enhanced multilingual content development
Budget Allocation - $50,000
Strategic Planning & Consultation ($15,000)
●Strategic communications plan development
●Stakeholder consultation and coordination
●Message development and refinement
●Project management and oversight
●Legal compliance review and documentation
Creative Development & Production ($10,000)
●Brand identity and logo design
●Print material design
●Creative for social media campaigns
●Digital asset creation and optimization
●Website content development
●Additional creative assets for direct mail campaign
Note: We will be flexible with budget and may reallocate as needed
Exhibit ADocusign Envelope ID: 8120E7D9-00D9-44DE-9C09-CBF3F73FC5AA
82374