HomeMy WebLinkAbout09-23-25 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
D.1 Bozeman Community Plan Annual Implementation Report (Saunders)
E. Commission Disclosures
F. Approval of Minutes
F.1 Approval of Joint City Commission Meeting Minutes:(Newby)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, September 23, 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-
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Consider the Motion: I move to approve the joint meeting minutes as submitted.
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G. Consent
G.1 Accounts Payable Claims Review and Approval (Edwards)
G.2 Authorize the Mayor to sign the Findings of Fact and Order for the Parklands Amended
Subdivision Preliminary Plat, Application 25273 (Quasi-Judicial)(Minnich)
G.3 Authorize the City Manager to Sign a Notice of Award to Williams Civil Construction, Inc. for
Construction of the 2025 South Black Avenue Sewer Renovations Project(Gamradt)
G.4 Authorize the City Manager to sign a Joint Funding Agreement with the U.S. Geological
Survey for the continued operation of the real-time streamflow gaging stations on the East
Gallatin River and Hyalite Creek for federal fiscal year 2026.(Heaston)
G.5 Authorize City Manager to Sign on to National Opioid Settlement with Opioid Manufacturer
Purdue and the Sacker family(Rischke)
G.6 Authorize City Manager to Sign on to National Opioid Settlement with 8 Additional Opioid
Manufacturers(Rischke)
G.7 Memorandum of Understanding with Gallatin County, Grease Interceptor and Wastewater
Dump Station for Food Truck and RV Waste(Kohtz)
G.8 Authorize the City Manager to sign an End User Agreement with Accurate Background, LLC,
to Provide Background Screening Services to the City.(Redmond)
G.9 Authorize City Manager to sign Amendment No.2 with Morrison Maierle for the North 27th
Avenue (Baxter to Cattail) Improvements Project.(Murray)
G.10 Authorize the City Manager to Sign a Fourth Amendment to the Professional Services
Agreement with Advantage Spraying Services, Inc. for Snow Removal Services in the Parks
and Trails District.(Canter)
G.11 Authorize the City Manager to Sign a Fourth Amendment to the Professional Services
Agreement with Clean Slate Group, LLC. for Snow Removal and Maintenance Services in the
Parks and Trails District.(Canter)
G.12 Authorize the City Manager to Sign a Sales Order with Ford Pro for an Electric Vehicle Direct
Current Fast Charger (DCFC), Software, and Maintenance Agreement at the Shops
Complex(Meyer)
G.13 Authorize the City Manager to Sign a Sales Order with Ford Pro for the Purchase of Electric
Vehicle Level 2 Charging Stations, Software, and Maintenance Agreement for the Bozeman
Public Safety Center(Meyer)
G.14 Resolution for the Creation of Special Improvement Lighting District 793 Meadow Bridge
Subdivision(Hodnett)
G.15 Final Adoption of a Text Amendment to Replace Division 38.610 (Wetland Regulations)
Section 38.410.100 (Watercourse Setback) and Section 38.220.130 (Submittal Materials for
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Regulated Activities in Wetlands), and Amend Section 38.700.190 (U Definitions), and
Section 38.700.220 (W Definitions) within Chapter 38 of the Bozeman Municipal Code,
Application 23309(Ross/Saunders)
G.16 An Ordinance Finally Adopting of the Gallatin Center Zone Map Amendment, Modifying
Zoning from a combination of B-2 and B-P to B-2M, Community Commercial-Mixed District,
on 67.709 Acres on Property Located on the northwest corner of North 19th Avenue and
Baxter Lane, the Gallatin Center Zone Map Amendment, Application 24626(Rogers)
G.17 Second Reading of an Ordinance of the City Commission of the City of Bozeman, Montana,
Repealing Chapter 2, Article 5, Division 10 of the Bozeman Municipal Code.(Fontenot)
H. Consent II: Items Acted Upon Without Prior Unanimous Approval
H.1 An Ordinance, Final Adoption, Establishing a Zoning Designation of R-4, Residential High-
Density District, in Association with the Annexation of 10 Acres, the 5532 Fowler Lane
Annexation, Application 24492(Moon)
I. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
J. Special Presentation
J.1 Special Presentation on the Release of the Unified Development Code Update and
Upcoming Public Review Process(Saunders)
J.2 Economic and Planning Systems Analysis of the Feasibility of the Affordability Requirements
of the Water Adequacy for Residential Development (WARD) Ballot Initiative(Fine)
K. Action Items
K.1 Resolution for the Annual Assessment for Business Improvement District (BID) for Fiscal
Year 2026(Johnson)
K.2 Resolution for the Annual Lighting Assessments for Fiscal Year 2026 (Johnson)
K.3 Resolution to Levy and Assess Delinquent Snow Removal Charges (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: I move to Approve this Commission Resolution for the Annual Assessment for the
Business Improvement District (BID) for Fiscal Year 2026.
Consider the Motion: I move to Approve the Commission Resolution for the Annual Lighting
Assessments for Fiscal Year 2026
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K.4 Resolution to Levy and Assess Delinquent Weed Removal Charge (Johnson)
K.5 Resolution to Levy and Assess Delinquent Water, Sewer, Stormwater, Garbage, Recycling
and Organic Charges(Johnson)
L. Appointments
L.1 Appointment to the Board of Ethics (Maas)
L.2 Appointment of Ben Lloyd to vice chair of the Community Development Board.(Newby)
L.3 Appointment of Mike Wiseman to vice chair of the Historic Preservation Advisory
Board.(Newby)
M. FYI / Discussion
N. Adjournment
Consider the Motion: I move to Approve the Commission Resolution to levy and assess Delinquent
Snow Removal Charges.
Consider the Motion: I move to Approve the Commission Resolution to Levy and Assess Delinquent
Weed Removal Charges.
Consider the Motion: I move to Approve the Commission Resolution to Levy and Assess Delinquent
Water, Sewer, Stormwater, Garbage, Recycling and Organic Charges in FY26
Consider the Motion: I move to appoint two members to the Board of Ethics with terms expiring July
31, 2027.
Consider the Motion: I move to Appoint Ben Lloyd to vice chair of the Community Development Board.
Consider the Motion: I move to Appoint Mike Wiseman to vice chair of the Historic Preservation
Advisory Board.
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.
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Bozeman Community Plan Annual Implementation Report
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Receive information.
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 Bozeman Community Plan sets out the community's vision for future
development. Chapter 2 identifies themes, goals, and objectives to improve
and maintain the community. Chapter 4, Implementation, identifies a short
list of actions to be taken to begin implementation of objectives, establishes
a series of metrics to be tracked, and requires an annual report on actions
taken to implement the plan.
Attached is the 2025 annual report. It identifies, by objective, actions taken
and the status of actions that are currently underway. Report covers the
period from July 1, 2024 to June 30, 2025.
The City has also created a dashboard [External link] to track status of the
metrics established in Chapter 4.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:None.
Attachments:
2025 Annual Report.pdf
Report compiled on: September 9, 2025
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BOZEMAN COMMUNITY PLAN 2020 ANNUAL IMPLEMENTATION REPORT
July 1, 2024 – June 30, 2025
The Bozeman City Commission adopted the Bozeman Community Plan 2020 on November 17, 2020. The
plan includes many policies to guide public and private actions. Chapter 4 addresses implementation of
the Bozeman Community Plan 2020. To observe and monitor plan effectiveness, the plan calls for an
annual report on actions taken to implement the plan. This report fills that requirement and covers
actions taken between July 1, 2024 – June 30, 2025.
The plan horizon is 20 years. The plan will be reviewed five years after adoption and updated as needed.
Implementation of the plan occurs through a wide variety of City and partner organization actions. Plan
implementation may be a one‐time action or on‐going work. This report covers two elements of the
plan.
1) Short‐term action list ‐ A group of actions drawn from the objectives of the plan (pasted below for
reference). Each item advances a range of objects and represent items the Planning Board (now the
Community Development Board) considered important priorities. Responses to the action items are
presented in the detailed descriptions of implementation actions for each objective, starting on
page 2.
2) Goals & Objectives ‐ An item‐by‐item response for each objective. If no specific action is listed then
no individual action has been taken on that item so far, or actions taken were not provided to
Community Development.
Italics with purple font color in the Implementation Actions column indicate work that occurred
during the reporting period of July 1, 2024 – June 30, 2025
3) Plan metrics ‐ Targets for each indicator are measured over time ranges of one to three years. The
City has established an online dashboard to track and report on progress for these indicators.
SECTION 1. SHORT‐TERM ACTION LIST
The Bozeman Community Plan 2020 identifies many actions and objectives to address the listed goals.
Many actions are ongoing. Some are specific shorter‐term actions to implement this Plan. The following
list is not listed in any order of priority and is drawn from those shorter‐term actions listed in Chapter 2.
For details on implementation of each short‐term action see the referenced objectives in Section 2 of
this report.
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1. Review potential upzoning to implement objectives N‐1.1, N‐1.2, and N‐1.4.
2. Evaluate zoning map changes needed to implement objectives N‐1.3, N‐2.1, N‐2.2, and N‐3.9
consistent with factors identified in Chapter 5, Zoning Amendment Review.
3. Evaluate design standards as identified in objectives N‐1.7 and N‐2.4. Buildings are to be capable of
serving an initial residential purpose and be readily converted to commercial uses when adequate
market support for commercial services exists.
4. Evaluate revisions to maximum building height limits in multi‐household, commercial, industrial, and
mixed‐use zoning districts to account for revised building methods, building code changes, and the
effect of incremental changes on meeting goals of this plan as noted in objective DCD‐2.4.
5. Update land development standards to implement the Integrated Water Resources Plan as
identified in objective EPO‐3.5.
6. Identify missing links in the multimodal system, prioritize those most beneficial to complete, and
pursue funding for completion of those links as noted in objectives M‐1.4, M‐1.9, and M‐1.11.
7. Evaluate parking requirements and methods of providing parking as part of the overall
transportation system for and between districts as noted in objective M‐1.12.
8. Revise current intersection level of service design standards to multimodal level of service or traffic
stress for people walking, biking, and using transit as identified in objective M‐1.3.
9. Prepare for establishment of a Metropolitan Planning Organization, anticipated to be required after
the completion of the 2020 US Census and noted in objective RC‐1.6.
10. Establish standard practices for sharing development application information and exchanging
comments between the City and County as identified in objective RC‐3.5.
11. Revise the zoning map to harmonize with the future land use map as noted in objectives N‐1.3, N‐
2.1, N‐2.2, EE‐1.6, and RC‐4.4.
12. Update the UDC to reflect density increases or minimums within key districts as noted in objectives
DCD‐1.4, EPO‐1.6, and RC‐4.4.
13. Retain firm that specializes in form‐based development codes to evaluate the City's UDC, especially
with regard to completing the transition to a form‐based code and simplification so that it can be
understood by the general public and consistently applied by planning staff.
14. Work with partner organizations to implement EPO‐1.5 to identify and reduce impacts on
environmentally sensitive areas.
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SECTION 2. PLAN THEMES, GOALS, AND OBJECTIVES
THEME 1: A RESILIENT CITY | GOALS, OBJECTIVES, AND ACTIONS
Our City desires to be forward thinking, collaborative, and deliberate in planning and execution of plans
and policies to enable our community to successfully ride the waves of change.
Goal R‐1: Continue to strengthen and develop resilience
as a community.
Implementation Actions
R‐1.1. Be reflective: use past experience to inform future
decisions.
Experience in existing code and plan
usage does and will inform amendments
to improve processes and standards.
R‐1.2. Be resourceful: recognize alternative ways to use
resources.
R‐1.3. Be inclusive: prioritize broad consultation to
create a sense of shared ownership in decision making.
The Engage Bozeman community input
tool was created and is in use for the
ongoing UDC update, wetland regulation
update, and many other projects. The
UDC update expanded public outreach to
Spanish language materials and input
brochure techniques not previously used.
https://engage.bozeman.net/udc
R‐1.4. Be integrated: bring together a range of distinct
systems and institutions.
UDC update is underway and cross
issue/department coordination is part of
that, e.g., climate action plan and water
conservation plan implementation
coordination.
R‐1.5. Be robust: well‐conceived, constructed, and
managed systems.
The PRAT plan was adopted fall 2023 and
updated park and related system
priorities. The City adopted the 2023
Water Conservation and Efficiency Plan.
The wastewater collection plan update
was approved by Resolution 5664 on Dec
17, 2024. The Storm Water Facilities Plan
was approved by Resolution on May 6,
2025.
R‐1.6. Be redundant: spare capacity purposefully created
to accommodate disruption.
Annual CIP and utility maintenance
provides robust infrastructure that can
service a wide range of development
alternatives and short‐term disruption
responses.
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R‐1.7. Be flexible: willingness and ability to adopt
alternative strategies in response to changing
circumstances.
Analysis of water conservation options –
City Commission work session completed
Feb. 15, 2022. Code amendments were
developed for public review and
approved by the Commission in April
2024.
Goal R‐2: Pursue community decisions in a manner that
supports resilience.
Implementation Actions
R‐2.1. Co‐Benefits: Provide solutions that address
problems across multiple sectors, creating maximum
benefit.
UDC update is underway and cross issue
coordination is part of that, e.g. climate
action plan and water conservation plan
implementation coordination as well as
growth policy.
R‐2.2. High Risk and Vulnerability: Ensure that strategies
directly address the reduction of risk to human well‐
being, physical infrastructure, and natural systems.
Adopted Ordinance 2057 in March 2021
to update floodplain regulations to best
practices.
R‐2.3. Economic Benefit‐Cost: Make good financial
investments that have the potential for economic
benefit to the investor and the broader community both
through direct and indirect returns.
Annual capital improvement program
coordinates funding sources and
construction to create best value
outcomes in conjunction with community
priorities and plans such as supporting
compact development and
redevelopment.
R‐2.4. Social Equity: Provide solutions that are inclusive
with consideration to populations that are often most
fragile and vulnerable to sudden impacts.
PRAT plat update and UDC update
project used new outreach tools to reach
to multiple languages and user groups
less frequently engaged in planning
processes locally. Adopted new
incentives based affordable housing
program to conform to state law
changes. Adopted planned development
zone supporting affordable housing and
sustainable project design.
R‐2.5. Technical Soundness: Identify solutions that
reflect best practices that have been tested and proven
to work in similar local or regional contexts.
UDC update is underway and
incorporates local and regional lessons
and best practices. 2024 Water
conservation amendments are based on
best practice learning from around the
west.
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R‐2.6. Innovation: Advance new approaches and
techniques that will encourage continual improvement
and advancement of best practices.
UDC update is underway and cross issue
coordination is part of that work.
R‐2.7. Adaptive Capacity: Include flexible and adaptable
measures that consider future unknowns of changing
climate, economic, and social conditions.
Annual CIP and utility maintenance
provides robust infrastructure that can
service a wide range of development
alternatives. UDC update is underway
and includes additional latitude and
authority for on‐site and shared power
generation. City is researching updates to
wetland regulations to account for
changed federal regulations and local
needs.
R‐2.8. Harmonize with Existing Activity: Expand,
enhance, or leverage work being done to build on
existing efforts.
Water Conservation and Efficiency Plan
adopted in 2023. Water conservation
code amendments in review spring 2024
build on over a decade of water
conservation planning work. Engineering
design standards were updated in 2024
and are being integrated with the UDC
update.
R‐2.9. Long‐Term and Lasting Impact: Create long‐term
gains to the community with solutions that are replicable
and sustainable, creating benefit for present and future
generations.
Analysis of water conservation options –
City Commission work session completed
Feb. 15, 2022. Code amendments were
developed for public review and
approved by the Commission in April
2024. The update to the Integrated
Water Resources Plan began in 2025,
data on this project is available at
engage.bozeman.net.
THEME 2: A CITY OF UNIQUE NEIGHBORHOODS | GOALS, OBJECTIVES, AND ACTIONS
Our City desires to be diverse, healthy, and inclusive, defined by our vibrant neighborhoods, quality
housing, walkability, excellent schools, numerous parks and trails, and thriving areas of commerce.
Goal N‐1: Support well‐planned, walkable
neighborhoods.
Implementation Actions
N‐1.1. Promote housing diversity, including missing
middle housing.
Incentives for affordable housing
including missing middle housing
adopted in Oct. 2022 with Ordinances
2105 and 2011. Ongoing UDC update is
evaluating district and standard changes
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for consideration in 2025. City updated
incentives for affordable housing in
38.340 in February 20205.
N‐1.2. Increase required minimum densities in
residential districts.
UDC update is underway and
reevaluation of minimum densities is part
of that work.
N‐1.3. Revise the zoning map to lessen areas exclusively
zoned for single‐type housing.
UDC update includes consolidation of
districts that will implement this task.
N‐1.4. Promote development of accessory dwelling units
(ADUs)
Ord. 2011 created 38.320.070 which
includes additional flexibility for creating
ADUs. Ord. 2091 authorized ground level
ADUs and removed ADU parking
requirements.
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 within new
development.
Many neighborhood focal points are
parks. The PRAT plan which considers
best features and functions for parks was
updated and adopted in Fall 2023.
N‐1.6. Encourage urban agriculture as part of focal point
development, in close proximity to schools, and near
dense or multi‐unit housing.
UDC update draft includes urban
agriculture uses and standards for
evaluation.
N‐1.7. Review and where appropriate, revise block and
lot design standards, including orientation for solar
power generation throughout city neighborhoods.
Lot and block standards were reviewed in
2022 as part of evaluating potential edits
to the UDC.
N‐1.8. Install, replace, and maintain missing or damaged
sidewalks, trails, and shared use paths.
City has pursued grants for funding and
completed missing path sections along N.
19th Avenue. A gap analysis for the
ped/bike network began in May 2024.
City is pursuing federal funding for
installation of facilities.
N‐1.9. Ensure multimodal connections between adjacent
developments
a) 38.520.040 and other code sections
require connections. This code is applied
with all appropriate development.
b) Engineering staff and the TDM
Coordinator routinely review
development applications for best
practices as well as standards and code
adopted by the City.
c) The city integrates these facilities with
all road rebuild or expansion projects.
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N‐1.10. Increase connectivity between parks and
neighborhoods through continued trail and sidewalk
development. Prioritize closing gaps within the network.
This issue is included in the scope of the
Parks, Recreation, and Active
Transportation Plan [PRAT] (adopted in
Sept 2023) with a focus on establishing
an understanding of priority routes to
parks and open space amenities and
facilities in addition to identifying missing
connections and creating a
comprehensive wayfinding plan.
N‐1.11. Enable a gradual and predictable increase in
density in developed areas over time.
Ord. 2011 adopted in Oct 2022 provides
additional flexibility for small infill
development that creates additional
homes. After due public process 21 Zone
Map Amendments were approved
increasing allowed intensity of
development on previously zoned
property. One was completed during the
reporting period. Revisions to the UDC
are opening opportunities by increasing
allowed scope of allowed development in
districts and combining residential
districts.
N‐1.12. Encourage major employers to provide
employee housing within walking/biking distance of
place of employment.
The Transportation Demand
Management (TDM) plan has a provision
to focus on programmatic and
educational outreach and engagement to
reach out to workplaces to encourage
them to support staff using active modes
and alternative work environments (e.g.,
work from home), in turn making
employment and housing more flexible.
Goal N‐2: Pursue simultaneous emergence of
commercial nodes and residential development
through diverse mechanisms in appropriate locations.
Implementation Actions
N‐2.1. Ensure the zoning map identifies locations for
neighborhood and community commercial nodes early
in the development process.
Correspondence between the future land
use map and the zoning map provide this
surety.
N‐2.2. Revise the zoning map to support higher intensity
residential districts near schools, services, and
transportation.
Two applications for zone map
amendments increasing allowed intensity
at 1920 W Babcock and 1519 Alder Court
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was approved during this reporting
period.
N‐2.3. Investigate and encourage development of
commerce concurrent with, or soon after, residential
development. Actions, staff, and budgetary resources
relating to neighborhood commercial development
should be given a high priority.
The UDC update is considering expanding
options for where in residential districts
services and retail may be constructed.
N‐2.4. Evaluate design standards. Encourage
development in appropriate districts of buildings that
are capable of serving an initial residential purpose and
be readily converted to commercial uses when adequate
market support for commercial services exists.
UDC update includes review of design
standards.
N‐2.6. Ensure that new development includes
opportunities for urban agriculture, including rooftop
and home gardens, community gardens, or urban farms.
Included with ongoing UDC update and
replacement
Goal N‐3: Promote a diverse supply of quality housing
units.
Implementation Actions
N‐3.1. Establish standards for provisions of diversity of
housing types in a given area.
N‐3.2. Review zoning districts to assess the range of
housing types in each district.
Included for public review and comment
with UDC update and replacement.
N‐3.3. Encourage distribution of affordable housing units
throughout the City with priority given to locations near
commercial, recreational, and transit assets.
Zoning map decisions have expanded
locations where LIHTC can practically be
constructed to all community quadrants.
Adopted affordable housing incentives in
38.380.030 are available anywhere in the
community. Several Low‐Income Housing
Tax Credit projects have been completed
or are under construction and more are in
the design, review, and permitting phase.
Sites are in all quadrants of the
community.
N‐3.4. Require development of affordable housing
through coordination of funding for affordable housing
and infrastructure.
City coordinated $5M grant funding
support to construct a sewer lift station
in exchange for a land dedication for
affordable housing. Extension of N 15th
Avenue with city funding to required lot
frontage for a LIHTC 155 home project,
and to meet transportation connectivity
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requirements for a senior living and a 2nd
LIHTC project totaling 232 homes.
N‐3.5. Strongly discourage private covenants that restrict
housing diversity or are contrary to City land
development policies or climate action plan goals.
City Commission identified creation of
sample covenants as a priority for the
2022‐2023 work period. A work session
was held on November 15, 2022. Final
draft model covenants were presented to
commission on November 21, 2023.
N‐3.6. Include adequate residentially designated areas
for anticipated future housing in the future land use
map.
The future land use map provides the
necessary area shown as needed in
Appendix D of the growth policy.
N‐3.7. Support compact neighborhoods, small lot sizes,
and small floor plans, especially through mechanisms
such as density bonuses.
Included for public review and comment
with UDC update and replacement.
N‐3.8. Promote the development of "Missing Middle"
housing (side by side or stacked duplex, triplex, live‐
work, cottage housing, group living,
rowhouses/townhouses, etc.) as one of the most critical
components of affordable housing.
Additional flexibility in location and
design are Included for public review and
comment with UDC update and
replacement. Updates to 38.340 revised
incentives for “missing middle” types of
housing.
N‐3.9. Ensure an adequate supply of appropriately
designated land to accommodate Low Income Housing
Tax Credit development in qualifying census tracts.
Zoning is in place. Qualifying census tract
designation is outside of the City’s
control. Revisions happened with release
with the 2020 Census information.
Goal N‐4: Continue to encourage Bozeman’s sense of
place.
Implementation Actions
N‐4.1. Continue to recognize and honor the unique
history, neighborhoods, neighborhood character, and
buildings that contribute to Bozeman’s sense of place
through programs and policy led by both City and
community efforts.
Updates to the historic preservation
program are underway. A consultant has
been selected to assist and the first phase
of the project concluded in spring of
2025. Phase 2 is now underway which
examines code revisions and updates to
the existing design guidelines.
N‐4.2. Incorporate features, in both public and private
projects, to provide organization, structure, and
landmarks as Bozeman grows.
N‐4.3. Revise Design Guidelines within the Conservation
Overlay District to distinguish Downtown from the
residential neighborhoods, to encourage neighborhoods
Phase 2 of the Landmark project is now
underway which examines code revisions
and updates to the existing design
guidelines.
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and neighborhoods near transition areas, both north and
south of Downtown.
N‐4.4. Ensure an adequate supply of off‐leash facilities to
meet the demand of Bozeman dog owners.
This issue is included in the scope of the
Parks, Recreation, and Active
Transportation Plan [PRAT] (adopted in
Sept 2023).
THEME 3: A CITY BOLSTERED BY DOWNTOWN AND COMPLEMENTARY DISTRICTS | GOALS,
OBJECTIVES, AND ACTIONS
Our City is bolstered by our Downtown, Midtown, University and other commercial districts and
neighborhood centers that are characterized by higher densities and intensities of use.
Goal DCD‐1: Support urban development within the
City.
Implementation Actions
DCD‐1.1. Evaluate alternatives for more intensive
development in proximity to high visibility corners,
services, and parks.
Evaluation of building height transitions
and impact mitigation is part of overall
UDC update.
DCD‐1.2. Remove regulatory barriers to infill. Ord. 2011 adopted in Oct 2022 provides
additional flexibility for small infill
development that creates additional
homes. Definition of infill was adopted as
part of Ord. 2011. After due public
process 18 Zone Map Amendments were
approved increasing allowed intensity of
development on previously zoned
property. The City updated its annexation
policy to simplify process in spring 2025,
Resolution 2025‐07. 15 of 27 annexations
since plan adoption have wholly or
partially closed existing “holes” in the
City.
DCD‐1.3. Work with state regulatory agencies and the
legislature to remove disincentives in state law and
regulations to municipal development.
Staff engages with state rule making and
agencies to identify disincentives and
advocate for changes to support
equitable application of the laws. This is
an ongoing activity.
DCD‐1.4. Update the Unified Development Code (UDC)
to reflect density increases or minimums within key
districts.
Minimum density requirement changes
were directed by City Commission during
work session. Included for public review
and comment with UDC update and
replacement.
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DCD‐1.5. Identify underutilized sites, vacant, and
undeveloped sites for possible development or
redevelopment, including evaluating possible
development incentives.
The City’s annual land use inventory is
available online and can be cross
connected to zoning to identify possible
sites. The update to the Bozeman
Community Plan now underway is
identifying locations where
redevelopment may be appropriate.
DCD‐1.6. Investigate expansion of existing or creation of
new urban renewal areas to encourage redevelopment
of key properties.
The Pole Yard District was created in
December 2020.
DCD‐1.7. Coordinate infrastructure construction,
maintenance, and upgrades to support infill
development, reduce costs, and minimize disruption to
the public.
This is part of daily work activities across
multiple departments. Annual Capital
Improvement Program (CIP)
development formalizes these
evaluations.
DCD‐1.8. Collaborate with the Montana State University
School of Architecture and the Sustainable Foods and
Bioenergy Systems department to develop educational
materials and opportunities for local architects,
community planners, and citizens on how to do quality
urban design for infill and greenfield sites.
DCD‐1.9. Promote mixed‐use developments with access
to parks, open space, and transit options.
Update of standards for planned unit
development (Ord 2104) includes
method to remove property from
existing PUD and use current zoning
which is more favorable so such projects.
City has approved upzonings and initial
zonings for REMU and other districts that
support mixed use development. The
PRAT Plan (adopted fall 2023) address
access to parks, open space, and the
provision for transit options. In addition,
the plan will explore the “level of
comfort” associated with accessing these
spaces throughout the community.
DCD‐1.10. Support University efforts to attract
development near campus.
Reviewed and approved MSUIC PDZ
spring 2024.
DCD‐1.11. Pursue annexations consistent with the future
land use map and adopted facility plans for development
at urban intensity.
Privately initiated annexations consistent
with this goal are encouraged.
City is not initiating annexations
currently. The City has approved all
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requested annexations during the
reporting period. 27 annexations
encompassing approximately 680 acres
have been finalized since adoption of the
Bozeman Community Plan.
DCD‐1.12. Prioritize the acquisition and/or preservation
of open space that supports community values,
addresses gaps in functionality and needs, and does not
impede development of the community.
Resolution 5353 authorized purchase of
12 acres to expand Burke Park. City
completed purchase of the southern end
of Burke Park in early spring 2022. The
PRAT plan was completed in fall 2023
and includes park design and recreation
guidelines and policies to align with
relevant Climate Plan priorities.
DCD‐1.13. Pursue acquisition and development of
diverse water sources and resources.
This is on‐going work for the Engineering
division. Planning and testing for a well
field on the southwest side of town is an
active project.
Goal DCD‐2: Encourage growth throughout the City,
while enhancing the pattern of community
development oriented on centers of employment and
activity. Support an increase in development intensity
within developed areas.
Implementation Actions
DCD‐2.1. Coordinate infrastructure development, land
use development, and other City actions and priorities
through community planning.
This is part of daily work activities across
multiple departments. CIP development
formalizes these evaluations.
DCD‐2.2. Support higher density development along
main corridors and at high visibility street corners to
accommodate population growth and support
businesses.
Projects advancing this objective and
consistent with adopted standards have
been approved as their review was
completed.
DCD‐2.3. Review and update minimum development
intensity requirements in residential and non‐residential
zoning districts.
City Commission directed increase at
work session on districts during UDC
update. Work is ongoing.
DCD‐2.4. Evaluate revisions to maximum building height
limits in all zoning districts to account for contemporary
building methods and building code changes.
Ordinance 2070 amending residential
building heights took effect in July 2021.
UDC update considers changes to how
heights are measured and proposes
increased heights in some commercial
districts, review continues.
DCD‐2.5. Identify and zone appropriate locations for
neighborhood‐scale commercial development.
Locations are identified in the future land
use map in the growth policy. Zoning
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occurs with new annexations or
requested by landowner.
DCD‐2.6. Evaluate and pursue joint mitigation of
development impacts across multiple developments.
Urban Renewal Districts established to
provide infrastructure create a tool to
share impact mitigation. MSUIC PDZ
approved to coordinate mitigation from
multiple building projects within the
boundary of the MSUIC PDZ.
DCD‐2.7. Encourage the location of higher density
housing and public transit routes in proximity to one
another.
The city coordinates with Streamline
during service plan updates. No new
routes were created during the reporting
period.
DCD‐2.8. Revise the zoning ordinance, reducing the
number of zoning districts to be more consistent with
the designated land use classifications, to simplify the
development process, and support affordability
objectives of the plan.
Adopted new planned development zone
and affordable housing incentives. UDC
update is further evaluating district
consolidation.
DCD‐2.9. Evaluate increasing the number of stories
allowed in centers of employment and activity while also
directing height transitions down to adjacent
neighborhoods.
Change to height allowances in
commercial zones and transition
standards is ongoing as part of the UDC
update.
Goal DCD‐3: Ensure multimodal connectivity within the
City.
Implementation Actions
DCD‐3.1. Expand multimodal accessibility between
districts and throughout the City as a means of
promoting personal and environmental health, as well as
reducing automobile dependency.
The Park Recreation and Active
Transportation plan adopted in fall 2023
evaluates locations and design standards
for multimodal travel ways.
DCD‐3.2. Identify missing links in the multimodal system,
prioritize those most beneficial to complete, and pursue
funding for completion of those links.
Opportunities will be investigated, where
applicable, during plan review and in the
CIP development process, on an ongoing
basis.
The Park Recreation and Active
Transportation plan adopted in fall 2023
partially address these missing links. The
City obtained federal funding for closing
gaps in the N 19th Ave pathway and along
Valley Center. The Engineering division is
undertaking a ped/bike gap analysis
project in spring 2024 which completed
during this reporting period.
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DCD‐3.3. Identify major existing and future destinations
for biking and walking to aid in prioritization of route
planning and completion.
The Park Recreation and Active
Transportation plan adopted in fall 2023
identifies priority routes and
destinations.
DCD‐3.4. Support implementation of the Bozeman
Transportation Master Plan strategies.
Chapter 5 of the Transportation Master
Plan supports walk, bike, car share,
linked trips, and mixed‐use policies to
reduce travel demand. The PRAT plan,
and UDC standards allow for or actively
support these policies. The UDC update
now in public review updates intersection
level of service standards and traffic
study requirements. The zoning districts
support mixed‐uses.
DCD‐3.5. Encourage increased development intensity in
commercial centers and near major employers.
Tax increment districts support
redevelopment within their boundaries.
The UDC update now in public review
revises commercial building heights and
parking that support this objective.
DCD‐3.6. Evaluate parking requirements and methods of
providing parking as part of the overall transportation
system for and between districts.
City Commission directed consolidation
of non‐residential parking requirements
at Feb 2023 UDC work session. The City
Commission considered active parking
management in the Downtown area. The
UDC update now in public review revised
parking requirements. The state adopted
legislation that limits city ability to
require parking, the UDC draft has been
updated in response.
Goal DCD‐4: Implement a regulatory environment that
supports the Community Plan goals.
Implementation Actions
DCD‐4.1. Ensure that the Planning Department is
supported with the resources required to effectively
implement this plan, to dedicate staff to long range and
regional planning efforts, and to process development
applications expeditiously.
DCD‐4.2. Continuously invite and give due consideration
to the input of design and development professionals in
the improvement of the city's project evaluation
processes and development code.
The City meets with design professionals
in a regular monthly meeting and has
also sought their input during the UDC
update.
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DCD‐4.3. Complete the transition to a form‐based code
and simplification so that it can be understood by the
general public and consistently applied by planning staff.
Code Studio is contracted to support the
UDC update and has completed several
public outreach efforts to gather
information and draft a more user
friendly code. The UDC update now in
public review simplifies language used,
rearranges document flow for clarity,
adds graphics, and makes the standards
easier to understand. Additional form
based elements are included.
DCD‐4.4. Differentiate between development and
redevelopment. Allow relaxations of code provisions for
developed parcels to allow redevelopment to the full
potential of their zoning district.
Ordinance 2011 adopted a definition of
infill. The UDC update includes several
revisions to simplify redevelopment.
THEME 4: A CITY INFLUENCED BY OUR NATURAL ENVIRONMENT, PARKS, AND OPEN LANDS | GOALS,
OBJECTIVES, AND ACTIONS
Our City is home to an outdoor‐conscious population that honors and protects our natural environment
and our well‐managed open space and parks system.
Goal EPO‐1: Prioritize strategic acquisition of parks to
provide a variety of recreational opportunities
throughout the City.
Implementation Actions
EPO‐1.1. Coordinate the location of existing and future
parks to create opportunities for linear parks to connect
larger parks. Prioritize quality locations and features in
parks over quantity of parks.
Final locations for trails are set during
development review with easements as
needed. The PRAT Plan adopted in fall
2023 provides guidance for priority
routes and development standards.
EPO‐1.2. Collaborate with partner agencies and
organizations to establish sustainable funding sources
for ongoing acquisition, construction, and operations of
City parks, trails, gardens, and open space.
EPO‐1.3. Incorporate unique and inclusive recreational
and artistic elements into parks.
This is an operational issue addressed
with plans for individual parks.
EPO‐1.4. Research and implement multi‐use features
within parks to promote increased use and visitation.
Wherever possible, parks are connected to multi‐modal
transportation options and accessible for people with
disabilities.
This is an operational issue addressed
with plans for individual parks.
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EPO‐1.5. Work with partner organizations to identify and
reduce impacts on at‐risk, environmentally sensitive
areas that contribute to water quality, wildlife corridors,
or wildlife habitat, specifically wildlife habitat as we
continue outward growth.
a) Sensitive lands protection plan was
completed and accepted by the City
Commission in December 2023.
b) Community Development funded
creation of an updated streams and
ditches GIS layer that will help with early
identification of protected waters. Data
has been collected and is being mapped
in collaboration with MSU and other City
departments. .
EPO‐1.6. Upon completion of an update to the City’s
park master plan, review standards of the UDC for
adequacy and update, as needed, to coordinate with
development review standards and practices.
The PRAT Plan was adopted in fall 2023.
Standards update will follow completion
of the plan.
Goal EPO‐2: Work to ensure that development is
responsive to natural features.
Implementation Actions
EPO‐2.1. Where appropriate, activate connections to
waterways by creating locations, adjacent trails, and
amenities encouraging people to access them.
This is an operational issue addressed
with plans for individual parks.
EPO‐2.2. Work with the U.S. Army Corps of Engineers to
keep wetlands mitigation within the Gallatin Valley
rather than locating to other watersheds.
The Engineering division has been tasked
with investigating this option. Recent US
supreme court decision has changed
scope of Corps authority over wetlands.
Draft amendments to municipal code
were prepared and Commission will hear
them on Sept 9, 2025.
EPO‐2.3. Identify, prioritize, and preserve key wildlife
habitat and corridors.
Sensitive lands protection plan was
completed and accepted by the City
Commission in December 2023.
Goal EPO‐3: Address climate change in the City’s plans
and operations.
Implementation Actions
EPO‐3.1. Support development of maintenance
standards including sidewalk clearing, sidewalk surfaces,
bike lanes, and procedures for consistent
implementation.
The Transportation and Engineering
division piloted an alternating side snow
plowing approach to improve snow
management which will also affect
corner crossings.
EPO‐3.2. Ensure complete streets and identify long‐term
resources for the maintenance of year‐round bike and
Appropriate complete street elements
were included as part of the UDC update
(ongoing) and in the update to the
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multi‐use paths to improve utilization and reduce annual
per capita vehicle miles traveled.
Engineering Design Standards completed
in winter of 2024.
EPO‐3.3. Support water conservation, use of native
plants in landscaping, and development of water reuse
systems.
Code amendments were developed by
the Water Conservation division and
adopted by the City Commission in May
2024 which advance this objective.
EPO‐3.4. Review and update landscape and open space
standards for public and private open spaces to reduce
water use. Likewise, review and update standards for
reuse systems.
Code amendments were developed by
the Water Conservation division and
adopted by the City Commission in May
2024.
EPO‐3.5. Update land development standards to
implement the Integrated Water Resources Plan.
Code amendments were developed by
the Water Conservation division and
adopted by the City Commission in May
2024.
EPO‐3.6. Review and revise stormwater standards to
address changing storm profiles.
Stormwater standards are being
addressed in the Engineering Design
Standards update now underway.
Stormwater post‐construction facilities
maintenance is being addressed in the
Stormwater Facilities Plan adopted in
May 2025.
EPO‐3.7. Review and update development regulations to
implement facility and service plans when those plans
are updated.
This is an ongoing effort as each plan is
updated. An update to the sewer facility
plan is presently underway. The PRAT
plan was adopted last fall. Amendments
as needed will follow completion.
EPO‐3.8. In coordination with the Sustainability Division,
provide public education on energy conservation and
diversified power generation alternatives.
UDC update includes amendments to
facilitate shared solar and other
alternatives. Education on these
alternatives has occurred during the UDC
update.
EPO‐3.9. Integrate climate change considerations into
development standards.
Stormwater standards are being
addressed in the Engineering Design
Standards update now underway.
Stormwater post‐construction facilities
maintenance is being addressed in the
Stormwater Facilities Plan adopted in
May 2025.
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EPO‐3.10. Inclusion of community gardens, edible
landscaping, and urban micro‐farms as part of open
spaces outside of watercourses and wetlands in
subdivisions is encouraged where appropriate.
The PRAT plan adopted last fall discusses
community gardens within public parks
as a priority. The UDC update includes
provisions for urban agriculture.
EPO‐3.11. Support resource conservation through
recycling, composting, and other appropriate means.
The Solid Waste Division operates a
recycling service, has completed a pilot
composting project, and now includes the
service through its solid waste division.
Goal EPO‐4: Promote uses of the natural environment
that maintain and improve habitat, water quantity,
and water quality, while giving due consideration to
the impact of City regulations on economic viability.
Implementation Actions
EPO‐4.1. Eliminate reliance on private maintenance of
public infrastructure, including public parks, trail
systems, and stormwater facilities. Identify a sustainable
and reliable public funding source for this infrastructure.
Electors approved formation of a park
and trail maintenance district in May of
2020. Implementation is ongoing.
EPO‐4.2. Update floodplain and other regulations that
protect the environment.
The Engineering Division has been tasked
with reviewing wetland regulations.
Recent US Supreme Court decisions have
changed the legal standards for
wetlands. Revised standards will go to
public hearing at the Commission on Sept
9, 2025.
EPO‐4.3. Pursue an inter‐jurisdictional effort to establish
baseline information on air quality trends and enhance
monitoring facilities.
EPO‐4.4. Collaborate with other Montana cities working
with regulatory agencies to establish fair and
technologically feasible water treatment standards.
Department of Utilities staff are engaged
with the Montana League of Cities and
DEQ on review of draft water treatment
standards. Staff supported passage of
revised nutrient standards in the 2025
legislature.
EPO‐4.5. Complete the update for an integrated Hazard
Management and Mitigation Plan.
The updated plan was approved by
Resolution 5256 in 2021.
EPO‐4.6. Develop a plan to mitigate conflicts between
humans and wildlife through the use of proactive, non‐
lethal measures.
The Solid Waste Division completed a
bear resistant contain pilot test and is
now expanding availability of bear
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resistant totes. A grant was obtained to
reduce costs to the City.
THEME 5: A CITY THAT PRIORITIZES ACCESSIBILITY AND MOBILITY | GOALS, OBJECTIVES, AND ACTIONS
Our City fosters the close proximity of housing, services, and jobs, and desires to provide safe, efficient
mobility for pedestrians, cyclists, transit users, and drivers.
Goal M‐1: Ensure multimodal accessibility. Implementation Actions
M‐1.1. Prioritize mixed‐use land use patterns. Encourage
and enable the development of housing, jobs, and
services in close proximity to one another.
All zoning districts enable diverse uses.
Most districts specifically authorize
mixed residential and service/
commercial uses. The UDC update
includes revisions to parking
requirements that will make it easier to
construct mixed uses.
M‐1.2. Make transportation investment decisions that
recognize active transportation modes and transit as a
priority.
Capital Improvement programming,
prepared annually, includes funding to
close system gaps. The City included
active transportation as part of the PRAT
update (Goal 3). The City engages with
the Urban Transportation District
through the MPO planning process and
provides financial support for transit.
M‐1.3. Develop service standard levels for multimodal
travel.
The PRAT plan partially addresses this, as
will revision of engineering standards
completed in winter 2024 and alignment
with other plans and policies.
M‐1.4. Develop safe, connected, and complementary
transportation networks for pedestrians, bicyclists, and
users of other personal mobility devices (e‐bikes, electric
scooters, powered wheelchairs, etc.).
Like other objectives, this will be covered
by the PRAT plan, the CIP, the revisions
of the UDC, and the revision of
engineering standards to be employed
with all private and public projects that
include transportation components or
the opportunity for “affordances” of
concurrent planning and
implementation.
M‐1.5. Identify locations for key mobility hubs (e.g.
rideshare drop off/ pick up areas, bike/scooter share,
transit service, bike, and pedestrian connections).
Partially accomplished through the
routing map in the PRAT.
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M‐1.6. Integrate consideration of rideshare and other
mobility choices into community planning regulations.
The Transportation and Engineering
Department coordinated with private
companies to develop and implement a
plan to manage e‐scooters.
M‐1.7. Develop a trunk network of high‐frequency,
priority transit service connecting major commercial
nodes and coinciding with increased density.
Voters approved creation of an Urban
Transportation District in May 2023. The
UTD is now responsible for creation and
administration of the transit system. The
UTD participates in the Metropolitan
Planning Organization.
M‐1.8. Establish standards and procedures for
placement of bus shelters in City rights of way.
The City has established a memorandum
of understanding for placement of transit
shelters.
M‐1.9. Prioritize and construct key bicycle infrastructure,
to include wayfinding signage, connections, and
enhancements with emphasis on completing network
connectivity.
Partially accomplished through the
routing map and design standards in the
PRAT. Construction is planned and
funded through the CIP and budget
systems.
M‐1.10. In conjunction with the transportation plan,
work to develop a core network of “AAA” (appropriate
for all ages and abilities) bike routes covering at least 75
percent of households and 75 percent of jobs within ½
mile of the network.
The PRAT plan supports the development
of “AAA” bike routes, including bike
boulevards, buffered bike lanes and off‐
street facilities where appropriate or
feasible. The city can investigate grant
opportunities to offset the cost to fund
retrofitting existing facilities. The PRAT
plan will prioritize key off‐street routes
and have the provision for how to
provide wayfinding.
M‐1.11. Prioritize and construct key sidewalk
connections and enhancements.
The Engineering division is undertaking a
ped/bike gap analysis project in spring
2024 that was recently completed.
M‐1.12. Eliminate parking minimum requirements in
commercial districts and affordable housing areas and
reduce parking minimums elsewhere, acknowledging
that demand for parking will still result in new supply
being built.
Parking requirements are being
evaluated as part of the UDC update. City
Commission gave direction at a work
session on specific implementation.
M‐1.13. Work with community partners to expand the
Main Street to the Mountains network and integrate the
larger community recreational travel network.
The PRAT plan addresses this with Goal 3
in addition to ongoing partnerships with
GVLT and other community organizations
that focus on this network. In addition,
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the plan will explore additional sections
of the network, branding and naming.
M‐1.14. Identify possible routes for future bicycle and
pedestrian beltway/greenway.
The PRAT plan addresses this with Goal 3.
Goal M‐2: Ensure multimodal safety. Implementation Actions
M‐2.1. Work with the Public Works Department, Police
Department, and other partners to provide education on
safe travel behaviors and rules.
Bozeman's Streets Are For Everyone
(SAFE) Plan has been developed,
adopted, and implementation has begun.
M‐2.2. Review and, as appropriate, update the City’s
complete streets policy.
Review was completed. Appropriate
elements were included as part of the
UDC update (ongoing) and in the recently
completed update to the Engineering
Design Standards.
M‐2.3. Work with School District #7 and other
community partners in planning and operating safe
routes to local schools.
The City has coordinated with BSD7 and
the Western Transportation Institute to
identify infrastructure improvements as
well as organize a Walking School Bus
program and host several bicycle safety
events.
M‐2.4. Encourage the design of school sites to support
walking and biking.
M‐2.5. Develop safe crossings along priority and high
utilization pedestrian and biking corridors.
Bozeman's Streets Are For Everyone
(SAFE) Plan has been developed,
adopted, and implementation has begun.
THEME 6: A CITY POWERED BY ITS CREATIVE, INNOVATIVE, AND ENTREPRENEURIAL ECONOMY|
GOALS, OBJECTIVES, AND ACTIONS
Our City benefits from and desires to further an expanding economy that is powered by the talents of its
residents, a dedicated and engaged business community, and strong regional partnerships.
Goal EE‐1: Promote the continued development of
Bozeman as an innovative and thriving economic
center.
Implementation Actions
EE‐1.1. Support the goals and objectives outlined in the
Bozeman Economic Development Strategy.
EE‐1.2. Invest in those infrastructure projects that will
strengthen business and higher education communities
as coordinated through the annual capital improvement
plan.
City supported the MSU Innovation
Campus with $3.6M in public
infrastructure support.
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EE‐1.3. Continue to facilitate live/work opportunities as a
way to support small, local businesses in all zoning
districts.
This calls for continuation of existing
policy and code. No reductions in
emphasis in this area are expected.
EE‐1.4. Support employee retention and attraction
efforts by encouraging continued development of
affordable housing in close proximity to large employers.
The City uses a variety of incentives,
financial and others, to encourage
construction of affordable housing.
EE‐1.5. Support expansion of current and emerging
infrastructure technologies including fiber optic service
and other communication infrastructure.
City Engineering has coordinated right of
way encroachments for fiber optic
installation.
EE‐1.6. Update the zoning map to correct deficiencies
identified in the annual land use inventory report.
Annual land use report has not identified
deficiencies at this point.
Goal EE‐2: Survey and revise land use planning and
regulations to promote and support economic
diversification efforts.
Implementation Actions
EE‐2.1. Ensure the future land use map contains
adequate areas of land for anticipated diverse users.
The future land use map in the growth
policy contains enough area to
accommodate all uses identified in the
plan development process.
EE‐2.2. Review and revise, or possibly replace, the
Business Park Mixed Use zoning district to include urban
standards and consider possible alterations to the
allowed uses.
This is being reviewed as part of the
overall UDC update.
EE‐2.3. Adopt zoning regulations that establish and
define the range of urban agricultural practices,
including vertical farms and other forms of urban
farming, as a permitted or conditional use in appropriate
locations. Urban agriculture can be compatible with a
variety of land use designations shown on the Future
Land Use Map.
This is being reviewed as part of the
overall UDC update.
THEME 7: A CITY ENGAGED IN REGIONAL COORDINATION | GOALS, OBJECTIVES, AND ACTIONS
Our City, in partnership with Gallatin County, Montana State University, and other regional authorities,
desires to address the needs of a rapidly growing and changing regional population through strategic
infrastructure choices and coordinated decision‐making.
Goal RC‐1: Improve communication and coordination
with Gallatin County, the City of Belgrade, public
schools, and other regional public entities regarding
community planning and associated matters.
Implementation Actions
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RC‐1.1. Consider regional impacts when making policy
decisions affecting areas outside the City.
a) A joint project between the City,
County, and other partners to evaluate
environmentally sensitive lands in the
valley was completed in Dec 2023.
b) A study of water and sewer system
regionalization was completed in 2024.
c) The City is working with partners
investigating housing issues and possible
solutions throughout the county.
RC‐1.2. Coordinate planning activities to promote
consistency throughout the region for parks,
transportation, bus service, and other community
infrastructure.
a) The City and other jurisdictions formed
a Metropolitan Planning Organization to
coordinate transportation planning. The
first long‐range transportation plan
began development in spring 2025.
RC‐1.3. Research, understand, and collaboratively
construct infrastructure and transportation
improvements that benefit the region.
a) A study of water and sewer system
regionalization was completed in 2024.
b) The City and other jurisdictions formed
a Metropolitan Planning Organization to
coordinate transportation planning.
RC‐1.4. Participate in regularly scheduled coordination
meetings with Gallatin County and the City of Belgrade
planning departments and planning boards to
coordinate planning issues.
The Planning Coordinating Committee
meets six times per year and hosts
roundtables for shared board
engagement.
RC‐1.5. Implement the Triangle Community Plan in
coordination between Bozeman, Belgrade, and Gallatin
County.
The city coordinates policy on an ongoing
basis with the Triangle plan such as
supporting compact development on
centralized utilities, protection of
watercourses, coordination of
transportation.
RC‐1.6. Prepare for establishment of a Metropolitan
Planning Organization, anticipated to be required by
federal law after the completion of the 2020 US Census.
The City and other jurisdictions formed a
Metropolitan Planning Organization to
coordinate transportation planning.
Goal RC‐2: Continue and build on successful
collaboration with Gallatin County, neighboring
municipalities, and other agencies to identify and
mitigate potential hazards and develop coordinated
response plans.
Implementation Actions
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RC‐2.1. Prohibit development in environmentally‐
sensitive or hazard‐prone areas.
a) Updated floodplain regulations were
adopted in March 2021.
b) A joint project between the City,
County, and other partners to evaluate
environmentally sensitive lands in the
valley was completed in Dec 2023.
c) City is researching updates to wetland
regulations to account for changed
federal regulations and local needs.
RC‐2.2. Identify effective, affordable, and regionally‐
appropriate hazard mitigation techniques through the
Gallatin County Hazard Mitigation and Community
Wildfire Protection Plan and other tools. As a group,
annually review the Gallatin County Hazard Mitigation
Plan, and determine the need for updates and
enhancements.
Updated floodplain regulations were
adopted in March 2021.
RC‐2.3. Along with non‐profit and agency partners,
identify, map, and utilize geographic information
systems (GIS) data to locate and monitor developments
on environmentally sensitive and hazard‐prone areas.
A watercourse map update project is
underway.
RC‐2.4. Review and revise land use regulations and
standards that affect the wildland urban interface to
provide adequate public safety measures, mitigate
impacts on public health, and encourage fiscal
responsibility.
The City has adopted the Wildland Urban
Interface building code appendix.
RC‐2.5. Through coordination with non‐profit and agency
partners, identify and prioritize lands for acquisition or
placement of conservation easements with the goal of
lessening or eliminating development in environmentally
sensitive areas and/or preserving areas consistent with
the other priorities of this Growth Policy.
A joint project between the City, County,
and other partners to evaluate
environmentally sensitive lands in the
valley was completed in Dec 2023.
Goal RC‐3: Collaborate with Gallatin County regarding
annexation and development patterns adjacent to the
City to provide certainty for landowners and taxpayers.
Implementation Actions
RC‐3.1. Work with Gallatin County to create compact,
contiguous development and infill to achieve an efficient
use of land and infrastructure, reducing sprawl and
preserving open space, agricultural lands, wildlife
habitat, and water resources.
a) Gallatin County and City of Bozeman
exchange information on development
proposals which affect each other.
b) The city continues to support and
approve
29
Page 25 of 26
annexations that are filling in the holes in
the city.
RC‐3.2. Work with Gallatin County to keep rural areas
rural and maintain a clear edge to urban development
that evolves as the City expands outwards.
Staff coordinate information and
comment on proposed projects and
implications for utility extensions and city
growth.
RC‐3.3. Prioritize annexations that enable the
incremental expansion of the City and its utilities.
Resolution 2025‐07 was adopted spring
202025 and establishes annexation
policies that advance this objective.
RC‐3.4. Encourage annexation of land adjacent to the
City prior to development and encourage annexation of
wholly surrounded areas.
Resolution 2025‐07 was adopted spring
202025 and establishes annexation
policies that advance this objective.
RC‐3.5. Establish standard practices for sharing
development application information and exchanging
comments between the City and County.
Resolution 2025‐07 was adopted spring
202025 and establishes annexation
policies that advance this objective.
RC‐3.6. Develop shared information on development
processes.
Gallatin County and City of Bozeman
exchange information on development
proposals which affect each other. The
City and County both worked on the
sensitive lands plan completed in Dec
2023.
RC‐3.7. Provide education and information on the value
and benefits of annexation, including existing un‐
annexed pockets surrounding the City, to individual
landowners and the community at large. Establish
interlocal agreements, when appropriate, to formalize
working relationships and procedures.
Ongoing process of information sharing.
RC‐3.8. Coordinate with Gallatin County for siting,
development, and redevelopment of regional parks,
emergency services, fairgrounds, transportation
facilities, interchanges, or other significant regional
services.
a) A study of water and sewer system
regionalization was completed in 2024.
b) The City and other jurisdictions formed
a Metropolitan Planning Organization to
coordinate transportation planning.
Goal RC‐4. Ensure that all City actions support
continued development of the City, consistent with its
adopted Plans and standards.
Implementation Actions
RC‐4.1. Enhance collaboration between City agencies to
ensure quality design and innovation across public and
private areas.
The City has implemented ProjectDox
software to support more collaborative
application review across departments.
The same software is used for Building,
Planning, Engineering, and Fire review
30
Page 26 of 26
processes. Departments are collaborating
on code revisions that address multiple
priorities.
RC‐4.2. Further develop reasonable and relevant metrics
for community development within the City’s Planning
Area to determine whether the intent of this Plan is
being accomplished.
The GIS Division has completed and
released for use a growth policy metrics
tracking website.
RC‐4.3. Prioritize human well‐being and health in the
creation and implementation of land development
standards.
This is part of all code development and
review processes.
RC‐4.4. Update the Unified Development Code (UDC) to:
Implement a twice‐yearly code revision cycle.
Identify and make revisions to optimize the UDC
current conditions.
This practice was started. The twice‐
yearly cycle is paused during the overall
UDC update. Public suggestions during
the process have been considered and
where appropriate integrated.
Incorporate development minimums in
designated growth areas.
These have been established in
residential zoning districts and are being
reevaluated with the update of the
Unified Development Code.
Revise the zoning map to harmonize with the
future land use map.
A draft zoning map was prepared as part
of the UDC update.
31
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Jon Henderson, Assistant City Manager
SUBJECT:Approval of Joint City Commission Meeting Minutes:
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Consider the Motion: I move to approve the joint meeting 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.
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:None.
Attachments:
06-30-25 Joint Belgrade Bozeman Workshop Minutes.pdf
32
Report compiled on: September 17, 2025
33
CITY OF BELGRADE JOINT BELGRADE/BOZMAN WORKSHOP MINUTES
BELGRADE LIBRARY – COMMUNITY ROOM June 30th, 2025 6:00 pm This meeting was open to the public and attended in person.
Mayor Russell C. Nelson called the meeting to order. Council Members in attendance were Jason Guffey, Mike Meis, Jim Simon, Kristine Menicucci, Erin Bell, and Renae Mattimoe. City staff in attendance were City Manager Neil Cardwell, Assistant City Manager Greg
Tryon, City Attorney Kyla Murray, City Clerk Camille Gregory, Executive Assistant Dana
Jambor, Executive Finance Director Charity VanKirk, Chief of Police Dustin Lensing, Municipal Court Judge Chris Gregory, Executive Consultant Jason Karp, Chief Building Official Lucas Sobeck, Director of Human Resources Becky Wilbert, Director of Community and Economic Development Katharine King, Public Works Director Camaree Uljua, Library Director Alina
Prunean, Manager of Information Technology Justin Clevidence, and Information Technology
Tech Jon Engel. Others in attendance were Bozeman City Manager Chuck Winn, Bozeman City Commissioners Emma Bode, Douglas Fischer, Jennifer Madgic, Bozeman Deputy Mayor Joey
Morrison, Bozeman Mayor Terry Cunninham, Bozeman City Attorney Greg Sullivan, Mike
Maas, John Rosa, Jeffrey Butts, Mark Bond, Nick Ross, Natsuki Nakamura, Shawn Kohtz, and Nora Shelly. CALL TO ORDER BELGRADE
• Mayor Nelson Called the Belgrade City Council to Order
• The Belgrade City Clerk Conducted Belgrade Roll Call CALL TO ORDER BOZEMAN
• Mayor Cunningham Called the Bozeman Commission to Order
• The Bozeman Commission Were Introduced
PLEDGE OF ALLEGIANCE
• Mayor Nelson (Belgrade) called for the Pledge DISCUSSION AGENDA
Discuss Metropolitan Planning Organization (MPO) Bozeman Mayor Cunningham explained that the Metropolitan Planning Organization
(MPO) was formed because the Gallatin Valley area surpassed a population of 50,000. The MPO is one of many committees to which the Cities of Bozeman and Belgrade have joint membership.
34
Mayor Cunningham then introduced Jeff Butts, the Chief Staff Member of the MPO. Cunningham also listed the Belgrade City Manager Cardwell, Belgrade Mayor Nelson, Bozeman
Commissioner Douglas Fischer, and himself as members of the MPO.
Jeff Butts explained that the MPO is a regional transportation planning organization designed to increase collaboration between regional entities when planning the future transportation network. The MPO’s region currently extends from Bozeman out to Belgrade and
Four Corners. Butts also noted that the organization is currently working on a long-range
transportation plan and that these projects can be federally funded. Mayor Nelson asked if the recent change(s) to the speed limits on I-90 were influenced by the MPO and what had changed as a result.
Butts answered that the MPO could potentially have some influence in the highway speed limit process. However, highways fall under federal jurisdiction, so the Federal Highway Administration (FHWA) and the Montana Department of Transportation (MDT) have significant control over the highway speed limit processes.
Commissioner Bode asked what local commissioners should be considering or contributing to the MPO’s project(s). Butts answered that the commissioners should consider how Bozeman and Belgrade can maintain their own distinct identities as they grow together geographically.
Cunningham commented that one project that could benefit from Belgrade and Bozeman’s collaboration is the perimeter trail loop, which has an off-road shared-use path. He noted that Belgrade has already started implementing this project at Jackrabbit Lane and Valley Center, while Bozeman would like to follow suit by connecting the areas with a 40-mile loop.
Commissioner Madgic asked Butts how the funding for a project like this works. She also inquired about Butts’ background. Butts explained that the project is 86.7% federally funded and 13.4% state funded. Those
funds cover the salaries and the required planning. However, these funds do not cover additional
planning, but some grants may be applicable. Butts then offered background on himself. Discuss Urban Transportation District (UTD / Streamline)
Belgrade Council Member Mike Meis explained that, over the last couple of years, the
Urban Transportation District (UTD) has been working to achieve its first major milestone. Meis also advised that Sunshine Ross will become UTD’s Executive Director effective July 1, 2025. He noted that Ross had previously been with Streamline. He also noted the HRDC has been awarded the Fiscal Agent for the UTD for a 3-year term.
Commissioner Bode added that she had joined the UTD Board several months ago and attended the celebration of Ross's transition to the UTD. She also noted the Board had awarded
35
contracts to Kart Stage, which is the same company that provided transit for Streamline. Bode explained that Jefferson Lines had recently acquired Kart Stage.
She also noted the Board had selected HRDC to continue providing paratransit services for seniors and individuals with disabilities. It was further added that UTD had established a line of credit through First Security Bank to ensure access to the funds necessary to move the UTD forward, and it subsequently passed the budget for fiscal year 2026.
The District has been receiving money from the federal government to help transition from a non-profit group to an official transportation district. It is anticipated that the federal dollars will run out by 2029, and there may be a time in the near future when the District will need to fund itself through a tax levy.
Bode also mentioned that one of the funding ideas discussed was asking other entities that utilize Streamline (Livingston, Bozeman Deaconess Hospital, the airport) to contribute to the UTD in the future.
Discuss Regional Housing Collaborative
Mark Bond, the Community Engagement Manager at One Valley Community Foundation, gave a brief presentation on the One Valley Foundation.
Bond explained that One Valley’s mission is, "To connect people who care, to causes that
matter to ensure all can thrive in Gallatin County". He then discussed the four ways One Valley accomplishes their goal, including… 1. Supporting Donors;
2. Amplifying the Local Non-profit Sector;
3. Multiplying Grassroots Generosity; and 4. Facilitating Community Collaboration. He then spoke about the Housing Coalition Collaboration that both the Mayor of
Belgrade and the Mayor of Bozeman are a part of.
There was a brief Recess to reboot the sound system in the room. Discuss Planning Coordination Committee (PCC) Mike Meis, as Chair of the Planning Coordination Committee, invited Belgrade's
Executive Consultant, Jason Karp, and Bozeman Community Development Manager Chris Saunders to discuss the PCC. Karp explained that the Planning Coordination Committee is composed of members from Gallatin County, the City of Bozeman, and the City of Belgrade. Each entity has a staff member,
an elected official, and a planning board member sitting on the Committee. He explained that Karp and Saunders represent Belgrade and Bozeman, respectively.
36
Karp advised that the Committee was established concurrently with the creation of the Triangle Community Plan and Triangle Rail Plan, which resulted from a study conducted several
years ago. He also advised the Committee generally meets quarterly.
It was further explained that the PCC hears from several entities on various topics of discussion from the Valley’s communities. He noted that the results of those discussions are recommendations only and non-binding.
Belgrade City Manager Cardwell added that Bozeman and Belgrade are the only two cities in Montana with populations over 10,000 that are located so closely together. Because of this, there are many things Bozeman and Belgrade are doing that are unique, including the MPO conversation.
Cardwell further explained that the new Montana Land Use Planning Act (MLUPA), under which both cities now fall, grants both cities the ability to consider zoning and planning outside of their boundaries.
Discuss Potential Utilities Collaboration (Water, Wastewater, Stormwater etc.)
Belgrade City Manager Cardwell advised that neither the City of Bozeman, the City of Belgrade, nor Gallatin County was happy with the latest water study. He also noted that Belgrade is required to double its water and wastewater capacity before demand increases, which will
leave the City with excess capacity.
Cardwell noted this excess water, along with Bozeman’s need for more of it, could offer an opportunity for the communities to share water. He explained that a variety of factors make such a water sharing agreement attractive. Amongst those factors are the fact that Belgrade is
downhill, that Bozeman is continuing to grow, and the fact that Belgrade produces the most
water when Bozeman’s need is greatest while Bozeman produces more when Belgrade needs it. Cardwell expressed optimism of an interconnected water sharing system, as a result. Belgrade Public Works Director Camaree Uljua and Bozeman Transportation and
Engineering Director Nick Ross discussed the engineering factors and possible benefits of such a
water collaboration. They also discussed how to develop a relationship that crosses the city limit boundary. Discuss Planning for Land Between Bozeman and Belgrade
Karp Introduced Belgrade's Community and Economic Development Director Katharine King. Director King, Karp, and Saunders discussed the land between Bozman and Belgrade.
They also offered ideas for collaboration and planning, as the two municipalities grow together.
37
PUBLIC FORUM
Mayor Nelson called for public comment. Natsuki Nakamura, residing at 1706 Westview in Bozeman, thanked the Council and
Commission for the interesting discussion. She also stated she was glad to hear that the idea of
the Canyon Fairy Pipeline was a nonstarter for the Commission and Council. She then stated that she is a little confused about the water conversations, noting that it was said there is plenty of water yet there are irrigation restrictions in place and that Belgrade has water rights, but they are not for municipal use.
Mayor Nelson called two more times for public comment. There being none, the Public Forum was closed. Mayor Nelson thanked the Bozeman Commission, the Belgrade Council, the city
managers, and staff for coming together and participating in discussion. He hoped there will be
more opportunities to do so again. ADJOURN
Bozeman Mayor Cunningham and Belgrade Mayor Nelson adjourned the meeting at 8:40 p.m.
______________________________
Russell Nelson, Mayor
Attest:____________________________
Camille Gregory, City Clerk
______________________________
Terry Cunningham, Bozeman Mayor
Attest:____________________________
Mike Maas, Bozeman City Clerk
38
Memorandum
REPORT TO:City Commission
FROM:Serena Axelson, 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:September 23, 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 September 17, 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
39
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 Parklands
Amended Subdivision Preliminary Plat, Application 25273 (Quasi-Judicial)
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Community Development - Quasi-Judicial
RECOMMENDATION:
Approve and Authorize the Mayor to sign the Findings of Fact and Order for
the Parklands Amended Subdivision Preliminary Plat to Subdivide 1.201
acres to create 8 buildable lots.
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 May 23, 2025, requesting to subdivide 1.201 acres to create 8
buildable lots. The subject property is zoned R-4 (Residential High Density
District).
On July 16, 2025 the Development Review Committee (DRC) found the
application sufficient for continued review and recommends the conditions
and code provisions identified in this report. The subdivider requested
waivers with this application. The requested waivers were approved by the
Development Review Committee (DRC) on June 11, 2025 and included BMC
38.220.060.A.1 Surface Water, BMC 38.220.060.A.2 Floodplain, BMC
38.220.060.A.3 Groundwater, BMC 38.220.060.A.4 Geology, BMC
38.220.060.A.5 Vegetation, BMC 38.220.060.A.6 Wildlife, BMC
38.220.060.A.7 Agriculture, BMC 38.220.060.A.8 Agricultural water user
facilities, BMC 38.220.060.A.9 Water and Sewer, BMC 38.220.060.A.10
Stormwater, BMC 38.220.060.A.11 Streets, BMC 38.220.060.A.12 Utilities,
40
BMC 38.220.060.A.13 Land use, BMC 38.220.060.A.14 Parks and recreation
facilities, BMC 38.220.060.A.15 Neighborhood Center, BMC 38.220.060.A.16
Lighting Plan, BMC 38.220.060.A.17 Miscellaneous, and BMC
38.220.060.A.18 Affordable Housing. 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 September 8, 2025. No public comment was received at the
meeting. There was one question from the board about the capacity of the
installed water and sewer lines for multiple dwelling units. 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 October 8, 2025.
The City Commission held a public meeting to consider the application for
approval on September 9, 2025. 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 F.1 to F.13 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:
25273 Parklands Amended PP_Findings of Fact.pdf
Report compiled on: September 16, 2025
41
25273 Findings of Fact and Order for Parklands Amended Subdivision Page 1 of 22
25273 City Commission Findings of Fact and Order for Parklands Amended
Subdivision Preliminary Plat
Public Meeting/Hearing Dates:
Planning Board meeting was held Monday, September 8, 2025, at 6:00 pm.
City Commission meeting was held Tuesday, September 9, 2025, at 6:00 pm.
Project Description: A preliminary plat requesting to subdivide one parcel zoned R-4 into a
major subdivision for residential uses. The proposed subdivision includes 8 buildable
lots on a total of 1.201 acres. The project is proposed to be completed in one phase.
Village Downtown Boulevard and Audubon Way are currently constructed, and no new
street connections are required or proposed with the subdivision. Residential lots 2
through 8 are proposed to contain two dwelling units to comply with the minimum
required density of the R-4 zoning, while Lot 1 will have the option of either a single-
household dwelling or a two-household dwelling unit.
Project Location: Lot 1 of Block 1 of Parklands at Village Downtown Subdivision, per Plat J-
700A in Section 8, Township 2 South, Range 6 East, Principal Meridian, City of
Bozeman, Gallatin County, Montana. Addresses TBD, west of Village Downtown
Boulevard, east of Audubon Way, and south of Audubon Way.
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 25273 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 25273 and move to approve the subdivision
with conditions and subject to all applicable code provisions.
Report Date: September 16, 2025
Staff Contact: Bailey Minnich, Development Review Planner
Simon Lindley, Project Engineer
Agenda Item Type: Consent (Quasi-judicial)
42
25273 Findings of Fact and Order for Parklands Amended Subdivision Page 2 of 22
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 May
23, 2025, requesting to subdivide 1.201 acres to create 8 buildable lots. The subject property is
zoned R-4 (Residential High Density District).
Proposed land uses for the subdivision are primarily residential in the form of single-household
dwellings and two-household dwellings on individual lots. Residential lots 2 through 8 are
proposed to contain two dwelling units to comply with the minimum required density of the R-4
zoning, while lot 1 will have the option of either a single-household dwelling or two dwelling
units. Development of lots within the subdivision will be subject to Bozeman Municipal Code
(BMC) provisions at the time of development for R-4 Zoning.
The site is surrounded by existing local streets with Village Downtown Boulevard located to the
west, and Audubon Way to the south and east. No additional street extensions are proposed or
required with the subdivision application. Additionally, all water, sewer and stormwater
infrastructure was already installed with the original subdivision.
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.
On July 16, 2025, the Development Review Committee (DRC) found the application sufficient
for continued review and recommends the conditions and code provisions identified in this
report.
The subdivider requested waivers with this application. The requested waivers were approved
by the Development Review Committee (DRC) on June 11, 2025 and included BMC
38.220.060.A.1 Surface Water, BMC 38.220.060.A.2 Floodplain, BMC 38.220.060.A.3
Groundwater, BMC 38.220.060.A.4 Geology, BMC 38.220.060.A.5 Vegetation, BMC
38.220.060.A.6 Wildlife, BMC 38.220.060.A.7 Agriculture, BMC 38.220.060.A.8 Agricultural
water user facilities, BMC 38.220.060.A.9 Water and Sewer, BMC 38.220.060.A.10
Stormwater, BMC 38.220.060.A.11 Streets, BMC 38.220.060.A.12 Utilities, BMC
38.220.060.A.13 Land use, BMC 38.220.060.A.14 Parks and recreation facilities, BMC
38.220.060.A.15 Neighborhood Center, BMC 38.220.060.A.16 Lighting Plan, BMC
43
25273 Findings of Fact and Order for Parklands Amended Subdivision Page 3 of 22
38.220.060.A.17 Miscellaneous, and BMC 38.220.060.A.18 Affordable Housing. The City has
received no written public comment on the application as of the writing of this report.
The final decision for this preliminary plat must be made by October 8, 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 September 8, 2025. No public
comment was received at the meeting. There was one question from the board about the
capacity of the installed water and sewer lines for multiple dwelling units. 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
September 9, 2025. 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 F.1 to F.13 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.
44
25273 Findings of Fact and Order for Parklands Amended Subdivision Page 4 of 22
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues. .............................................................................................................. 2
Project Summary ................................................................................................................. 2
Alternatives ......................................................................................................................... 3
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ................................................................................. 8
SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 8
SECTION 4 – CODE REQUIREMENTS ...................................................................................... 9
SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ............................................ 10
SECTION 6 – STAFF ANALYSIS and findings ......................................................................... 10
Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 10
Documentation of compliance with adopted standards 38.220.060 ................................. 14
SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS..…..…....……. 17
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 21
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 21
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 21
FISCAL EFFECTS ....................................................................................................................... 22
ATTACHMENTS ......................................................................................................................... 22
45
25273 Findings of Fact and Order for Parklands Amended Subdivision Page 5 of 22
SECTION 1 – MAP SERIES
Exhibit 1 – Zoning
46
25273 Findings of Fact and Order for Parklands Amended Subdivision Page 6 of 22
Exhibit 2 – Future Land Use Map
47
25273 Findings of Fact and Order for Parklands Amended Subdivision Page 7 of 22
Exhibit 3 – Preliminary Plat
48
25273 Findings of Fact and Order for Parklands Amended Subdivision Page 8 of 22
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. Ownership of all common open space lots, areas and trails, and responsibility of
maintenance thereof and for city assessments levied on the common open space
lands are that of the property owners association. Maintenance responsibility
includes, in addition to the common open space and trails, all vegetative ground
cover, boulevard trees and irrigation systems in the public right-of-way boulevard
strips along all external perimeter development streets and as adjacent to public
parks, greenway corridors or other common open space areas.
b. The property owners' association must be responsible for the maintenance of
stormwater infrastructure located within the common open spaces. All areas
within the subdivision that are designated herein as common open space including
trails are for the use and enjoyment by residents of the development and the
general public.
c. The property owners association shall be responsible for levying annual
assessments to provide for the maintenance, repair, and upkeep of all common
open space lots, areas and trails.
d. The City of Bozeman shall be responsible for the maintenance of boulevard trees
along Village Downtown Boulevard.
e. 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
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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.
f. 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.
2. 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.
3. 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. The property owners' association must be responsible for the maintenance of
stormwater infrastructure located within the common open spaces. All areas
within the subdivision that are designated herein as common open space including
trails are for the use and enjoyment by residents of the development and the
general public.
b. The property owners’ association shall be responsible for levying annual
assessments to provide for the maintenance, repair, and upkeep of all common
open space lots, areas, and trails.
4. 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.
5. 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
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
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demonstrating the inclusion of the stormwater maintenance plan must be provided prior
to final plat approval.
6. 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.
7. 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.
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 July 16, 2025.
The Planning Board meeting was held Monday, September 8, 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,
September 9, 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 F.1 to
F.13 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
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review period. Collectively this information is the record of the review. The analysis in this
report is a summary of the completed review.
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 May 23,
2025. The DRC reviewed the preliminary plat application and determined the application was
adequate for continued review July 16, 2025 and recommended conditions of approval and code
corrections for the staff report.
The applicant posted public notice on the subject property on July 24, 2025. The applicant sent
public notice to all landowners of record within 200-feet of the subject property via first class
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mail, on July 24, 2025. No public comments have been received on this application as of the
writing of this report.
On August 12, 2025, a major subdivision staff report was completed and forwarded with a
recommendation of conditional approval for consideration to the Planning Board at their meeting
on Monday, August 18, 2025. However, the lack of a quorum required the meeting to be cancelled,
and all agenda items rescheduled to Monday, September 8, 2025. A motion to recommend
approval of the subdivision was passed 5-0 on September 8, 2025.
On August 29, 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 F.1 to F.13 passed unanimously on September 9, 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. Water and
sewer will be provided by connections to the City’s water system and existing sanitary sewer
collection system. The water and sewer mains and services to each of the proposed 8 lots were
constructed during the original subdivision in 2020 and exist within the Audubon Way and Front
Street rights-of-way. Appendix A contains the water and sewer design report for the original
Parklands Subdivision, stamped by a professional engineer licensed in the State of Montana. The
report was 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 during the previous subdivision approval. No
additional improvements are required with the current subdivision application. Code provision 7
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. 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 7 requires the
developer to pay the required cash-in-lieu of water rights fee with the final plat application.
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Easements - The final plat must provide and depict all necessary utilities and required utility
easements. Code provision 6 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. The applicant must submit for review and approval
all easements, which designate space for public or private utilities that are not in the designated
public right of way. All easements must be provided using the City’s standard language. Ten-foot
utility easements are depicted on the preliminary plat along Audubon Way 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 – Supplemental information regarding Parks and Recreation facilities was waived during
the pre-application process. The proposed amended plat does not increase the overall net
residential density of the underlying subdivision. Previous parkland dedication provides
sufficient parkland for the newly proposed lots. No additional parkland dedication is required
per BMC 38.420.020.2.B.5. A pedestrian trail was constructed during the initial subdivision
along the southeastern boundary of the subdivision along the old railway berm. The Parklands
Subdivision constructed a 10-feet wide asphalt trail that connects the Village Downtown
Boulevard along the Front Street right of way, through the 60-feet wide Linear Park to a 6-feet
wide gravel trail that runs within the easement adjacent to the Parklands Subdivision. This
creates a trail network that completely surrounds the entire subdivision.
Stormwater – Stormwater within the subdivision will be conveyed by surface gutter flow to
curb inlets and then underground through storm drain piping to an existing stormwater detention
pond located in the existing Common Open Space A. All stormwater infrastructure was installed
during the original Parklands Subdivision in 2020 and the design accounted for the future
development of these 8 lots. Appendix B contains the stormwater design report for the original
Parklands Subdivision. Code provision 5 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.
Agricultural water user facility – The proposed subdivision is a redevelopment of an existing
subdivision lot from The Parklands Subdivision. No agricultural water user facilities are located
within the subdivision boundaries. Supplemental information regarding agricultural users was
waived during the pre-application process.
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.
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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 6 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.
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 and an improved alley as allowed in BMC
38.400.090.
Documentation of compliance with adopted standards 38.220.060
The Development Review Committee (DRC) completed a subdivision pre-application plan
review on June 11, 2025 and no variances were requested. Waivers to the following code
sections were granted during pre-application review and included BMC 38.220.060.A.1 Surface
Water, BMC 38.220.060.A.2 Floodplain, BMC 38.220.060.A.3 Groundwater, BMC
38.220.060.A.4 Geology, BMC 38.220.060.A.5 Vegetation, BMC 38.220.060.A.6 Wildlife,
BMC 38.220.060.A.7 Agriculture, BMC 38.220.060.A.8 Agricultural water user facilities, BMC
38.220.060.A.9 Water and Sewer, BMC 38.220.060.A.10 Stormwater, BMC 38.220.060.A.11
Streets, BMC 38.220.060.A.12 Utilities, BMC 38.220.060.A.13 Land use, BMC
38.220.060.A.14 Parks and recreation facilities, BMC 38.220.060.A.15 Neighborhood Center,
BMC 38.220.060.A.16 Lighting Plan, BMC 38.220.060.A.17 Miscellaneous, and BMC
38.220.060.A.18 Affordable Housing
Staff offers the following summary comments on the documents required with Article
38.220.060, BMC.
38.220.060.A.1 – Surface water
The subject property does not contain any surface water. Supplemental information regarding
surface water was waived during the pre-application process.
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 30031C0817E with an effective date of April 21,
2021. All issues related to the floodplain were addressed with the pervious subdivision.
Supplemental information regarding floodplains was waived during the pre-application process.
38.220.060.A.3 - Groundwater
All issues related to groundwater monitoring were addressed during the previous subdivision
approval. Supplemental information relating to groundwater was waived during the pre-
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application process. As a condition of approval for this current subdivision the Engineering
Department will require 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. Supplemental information relating to geology,
soils, or slopes was waived during the pre-application process.
38.220.060.A.5 - Vegetation
This subdivision will not significantly impact vegetation. No critical plant communities
identified on site. The current application is for the creation of 8 lots within an existing lot
previously platted through the subdivision process. Supplemental information related to
vegetation on the subject property was waived during the pre-application process.
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 future residential developments to the north, south, east, and west. The
current application is for the creation of 8 lots within an existing lot previously platted through
the subdivision process. Supplemental information related to wildlife on the subject property
was waived during the pre-application process.
38.220.060.A.7 - Agriculture
This subdivision will not impact agriculture. The current application is for the creation of 8 lots
within an existing lot previously platted through the subdivision process. Supplemental
information related to agriculture was waived during the pre-application process
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.
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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. All public rights-of-
way to serve the subdivision were dedicated with the underlying Parklands Subdivision final plat
in 2020. Village Downtown Boulevard is considered a local street and includes an 80-foot-wide
right-of-way. Audubon Way is considered an alley and includes a 30-foot wide right-of-way
which serves the proposed 8 new lots and the existing 9 lots from Block 2 of The Parklands
Subdivision. Audubon Way is privately maintained by the Property Owners Association. No
new access is proposed to the current subdivision, and no modifications to existing streets are
proposed.
The applicant requested a waiver to the Traffic Impact Study (TIS) requirement. The
Engineering Department evaluated and approved the waiver request. A previous TIS was
prepared for the Village Downtown in 2003. The current subdivision calculations provided by
the applicant indicate the proposed project will generate 238 weekday trips which are well below
the Institute of Transportation Engineers (ITE) guidance.
38.220.060.A.12 – Non-Municipal Utilities
The applicant received confirmation of service connections from non-municipal utilities during
the previous Parklands Subdivision in 2021. Northwestern Energy confirmed the existing
utilities in the area can supply the proposed 8-lot subdivision.
38.220.060.A.13 - Land Use
Proposed land uses for the subdivision are primarily residential in the form of single-household
dwellings and two-household dwellings on individual lots. Residential lots 2 through 8 are
proposed to contain two dwelling units to comply with the minimum required density of the R-4
zoning, while lot 1 will have the option of either a single-household dwelling or two dwelling
units. Development of lots within the subdivision will be subject to Bozeman Municipal Code
(BMC) provisions at the time of development for R-4 Zoning. Supplemental information
regarding Land Use was waived during the pre-application process.
38.220.060.A.14 - Parks and Recreation Facilities
The Parks Department reviewed the subdivision proposal. The proposed amended plat does not
increase the overall net residential density of the underlying subdivision. Previous parkland
dedication provides sufficient parkland for the newly proposed lots. No additional parkland
dedication is required per BMC 38.420.020.2.B.5. Supplemental information regarding Parks
and Recreation facilities was waived during the pre-application process. See the previous
discussion under Parks in the primary review criteria.
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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 1.201 net acres and,
therefore, is exempt from the requirement of a neighborhood center.
38.220.060.A.16 - Lighting Plan
No additional subdivision or street lighting is required or proposed with this application.
Supplemental information for a required lighting plan was waived during the pre-application
process.
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.
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 September 9, 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 September 9,
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
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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.
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:
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_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The subject property is zoned R-4, Residential High Density District. The intent of the R-4
residential high density district is to provide for high-density residential development through a
variety of housing types within the city with associated service functions. 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 compatible housing types, including single and multi-
household dwellings to serve the varying needs of the community's residents.
3. Allowing office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services.
The proposed subdivision is appropriate for this zone because the development will provide
primarily residential single and multi-household dwellings on individual lots within an
established developed area. The site is surrounded by existing City streets and municipal
services, including water and sewer, sidewalks, and pedestrian trails.
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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)
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.
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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
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 multiple dwelling units on the majority of the
lots and either a single detached household or multiple dwelling units on Lot 1. Density and
individual uses will be evaluated at the time of development against the R-4 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, Caddis Engineering and Land Surveying, 226
Timberline Drive, Bozeman, MT 59718, representing owners Delaney Indreland Living Trust
and The Village Investment Group Inc., 101 E Main Street, Suite D, Bozeman, MT 59715.
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 July 16
16, 2025. The applicant posted a public notice on the subject property on July 24, 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 July 24, 2025. No comments have been received on the
proposed subdivision at the time of this report.
APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF
Owner: Delaney Indreland Living Trust, c/o Michael Delaney and The Village Investment
Group Inc., 101 E Main Street, Suite D, Bozeman, MT 59715
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Applicant: Caddis Engineering and Land Surveying, 226 Timberline Drive, Bozeman, MT
59718
Representative: Caddis Engineering and Land Surveying, 226 Timberline Drive, Bozeman, MT
59718
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 25273.
Project documents are available at this direct link to the public Laserfiche archive for application
25273.
The following documents and drawings are available in the online public archive:
• Parklands Amended Subdivision Preliminary Plat
• Plat Narrative
• Additional Preliminary Plat Supplements
63
Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Notice of Award to Williams Civil
Construction, Inc. for Construction of the 2025 South Black Avenue Sewer
Renovations Project
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign the Notice of Award to Williams Civil
Construction, Inc. for the Total Schedule 1 plus miscellaneous work, in the
amount of $332,839.60
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project.
The project generally involves removal and replacement of the existing
sewer main in South Black Avenue from College Street to the dead end. The
contract is to be completed within 70 calendar days of the issuance of the
notice to proceed. Bids for the above-referenced project were opened on
September 15th with 7 bids being submitted. The low bid was submitted by
Williams Civil Construction, Inc in the amount of $332,839.60 for the base
bid plus miscellaneous work. The Bid Tabulation for the project is attached.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:Funding has been appropriated in the FY26 Budget as project WW09 for
$332,839.60. This project will be paid from the Wastewater Fund.
Attachments:
Bid Tab - 2025 S Black.pdf
Notice_of_AWARD_-
_2025_S_Black_Ave_Sewer_Renovations.pdf
Report compiled on: September 16, 2025
64
Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total:
Williams Civil Construction 158949 x x $332,839.60
Omdahl Excavation & Utilities 37068 x x $404,783.00
Big Sky Contracting 274476 x x $421,155.05
Central Plumbing and Heating 4443 x x $438,474.00
4050 Development 265916 x x $531,213.00
CK May Excavating, Inc 35949 x x $558,387.50
AX&T Dirtworks 252369 x x $744,175.00
Mike Maas Kellen Gamradt
City Clerk Engineer II
Bid Check:Delivered to Finance:Accepted By:Date:
Bid Tab - 2025 S Black Sewer Renovations
These bids were opened and read before the undersigned at 2:00 pm on Thursday, April 3rd, 2025
65
NOTICE OF AWARD
Dated: September 23, 2025
TO: Williams Civil Construction, Inc
ADDRESS: 370 Companion Way, Belgrade, MT 59714
PROJECT: City of Bozeman 2025 South Black Avenue Sewer Renovations
CONTRACT FOR: Schedules 1 & Miscellaneous Work
You are notified that your Bid dated September 15th, 2025, for the above Contract has been considered. You
are the apparent Successful Bidder and have been awarded a Contract for Sewer Renovations on South
Black Avenue.
The Contract Price of your Contract is: Three hundred Thirty Two Thousand Eight Hundred Thirty Nine
60/100 Dollars ($332,839.60).
A digital copy of the proposed Contract Documents accompany this Notice of Award.
You must comply with the following conditions precedent within fifteen (15) days of the date of this
Notice of Award, that is, by October 8, 2025 .
1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the
Instruction to Bidders (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions
(paragraph SC-5.02).
3. List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in
the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04).
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________ BY: ____________________________
(CITY MANAGER) (CITY CLERK)
DATE: _______________________________
66
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Engineer III
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to sign a Joint Funding Agreement with the U.S.
Geological Survey for the continued operation of the real-time streamflow
gaging stations on the East Gallatin River and Hyalite Creek for federal fiscal
year 2026.
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to sign a Joint Funding Agreement with the U.S.
Geological Survey for the continued operation of the real-time streamflow
gaging stations on the East Gallatin River and Hyalite Creek for federal fiscal
year 2026.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The U.S. Geological Survey (USGS) operates a real-time streamflow gaging
station on the East Gallatin River near the City’s Water Reclamation Facility
and on Hyalite Creek near the mouth of Hyalite Canyon. These gages record
continuous real-time streamflow data that are made publicly available on
the USGS website. Real-time flow gaging provides beneficial data for the City
that may be utilized for a multitude of purposes, including: issuing flood
warnings, local drought stage monitoring, assessing climate impacts to long-
term water availability trends, and discharge permit compliance.
The City and USGS have historically partnered on funding the annual
maintenance and operations costs for the East Gallatin River gage. The
addition of joint funding for the Hyalite Creek gage was a new funding share
for the City for federal fiscal year 2023. Continued joint funding for both the
East Gallatin and Hyalite gages for the upcoming federal FY26 (Oct 1 – Sept
30) is provided for in the attached Joint Funding Agreement.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The City’s cost share for the federal FY26 JFA totals $27,470 ($13,735 for
each of the two gages). The FY26 Wastewater Reclamation Facility operating
67
budget has sufficient line item budget to cover the East Gallatin River gage
costs. The FY26 Water Conservation Division operating budget has sufficient
line item budget to cover the Hyalite Creek gage costs.
Attachments:
USGS_JFA_26RSJFA005_00.pdf
Report compiled on: September 9, 2025
68
Form 9-1366
(May 2018)
U.S. Department of the Interior
U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Customer #: 6000001514
Agreement #: 26RSJFA005
Project #: RS00FN6
TIN #: 81-6001238
Fixed Cost Agreement YES[ X ] NO[ ]
THIS AGREEMENT is entered into as of October 1, 2025, by the U.S. GEOLOGICAL SURVEY, Wyoming-Montana
Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of
Bozeman party of the second part.
1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective
authorities there shall be maintained in cooperation for negotiated deliverables (see attached), herein called the
program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work
directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00
(a) $13,930 by the party of the first part during the period
October 1, 2025 to September 30, 2026
(b) $27,470 by the party of the second part during the period
October 1, 2025 to September 30, 2026
(c) Contributions are provided by the party of the first part through other USGS regional or national programs,
in the amount of: $0
Description of the USGS regional/national program:
(d) Additional or reduced amounts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between the parties.
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters
between the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review
by an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or
their authorized representatives. The methods employed in the field and office shall be those adopted by the party of
the first part to insure the required standards of accuracy subject to modification by mutual agreement.
6. During the course of this program, all field and analytical work of either party pertaining to this program shall be
open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner,
either party may terminate this agreement upon 60 days written notice to the other party.
7. The original records resulting from this program will be deposited in the office of origin of those records. Upon
request, copies of the original records will be provided to the office of the other party.
8. The maps, records or reports resulting from this program shall be made available to the public as promptly as
possible. The maps, records or reports normally will be published by the party of the first part. However, the party of
the second part reserves the right to publish the results of this program, and if already published by the party of the
first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared. The maps, records or reports published by
either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that
scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS
review, approval, and release requirements, which are available on the USGS Fundamental Science Practices
website (https://www.usgs.gov/office-of-science-quality-and-integrity/fundamental-science-practices).
69
9. Billing for this agreement will be rendered quarterly. Invoices not paid within 60 days from the billing date will bear
Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at
31 U.S.C. § 3717) established by the U.S. Treasury.
USGS Technical Point of Contact
Name: Cheryl Miller
Supervisory Hydrologist
Address: 521 Progress Circle Suite 6
Cheyenne, WY 82007-9660
Telephone: (307) 287-1907
Fax: (n/a)
Email: cemiller@usgs.gov
Customer Technical Point of Contact
Name: Brian Heaston
Project Engineer
Address: P.O. Box 1230
Bozeman, MT 59771-1230
Telephone: (406) 582-2924
Fax: (n/a)
Email: bheaston@bozeman.net
USGS Billing Point of Contact
Name: Charles Murphy
Budget Analyst
Address:
Helena, MT 59601
Telephone: (406) 457-5900
Fax: (n/a)
Email: charlesmurphy@usgs.gov
Customer Billing Point of Contact
Name: Brian Heaston
Project Engineer
Address: P.O. Box 1230
Bozeman, MT 59771-1230
Telephone: (406) 582-2924
Fax: (n/a)
Email: bheaston@bozeman.net
U.S. Geological Survey
United States
Department of Interior
Signature
By_______________________ Date: 8/19/2025
Name: John Kilpatrick
Title: Center Director
City of Bozeman
Signatures
By_______________________ Date: _________
Name:
Title:
By_______________________ Date: _________
Name:
Title:
By_______________________ Date: _________
Name:
Title:
Form 9-1366
(May 2018)
U.S. Department of the Interior
U.S. Geological Survey
Joint Funding Agreement
FOR
Water Resource Investigations
Customer #: 6000001514
Agreement #: 26RSJFA005
Project #: RS00FN6
TIN #: 81-6001238
70
Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
Kelley Rischke, Assistant City Attorney
SUBJECT:Authorize City Manager to Sign on to National Opioid Settlement with Opioid
Manufacturer Purdue and the Sacker family
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize City Manager to Sign on to this National Opioid Settlement with
Opioid Manufacturer Purdue and the Sackler Family Estate, agreeing to the
terms of the settlement and releasing the City's claims against these
defendants in exchange for a direct payment of settlement funds to the City.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The State of Montana has negotiated a settlement with Purdue Pharma,
manufacturer of oxycontin and other opioid drugs for their role in the
diversion, misuse, and abuse of drugs that fueled the opioid crisis in
America. The City of Bozeman qualifies to receive direct payment from the
settlement funds to be used for abatement and remediation of the effects of
the opioid crisis in the community, if the City signs on to the settlement.
Some political subdivisions decided to retain counsel and file suit against
some of the defendants in the nationwide opioid litigation; the City of
Bozeman did not choose to litigate, so its best opportunity to receive any
funds to address opioids is through this settlement.
Since 2021, the City of Bozeman has joined 11 opioid settlements with
various manufacturers, distributors, and pharmacy chains, including:
manufacturers Janssen, Teva, Allergan, and Endo; distributors McKesson,
Cardinal, and Amerisource Bergen; and pharmacy chains Kroger, Walmart,
Walgreens, and CVS. The City has received $130,966.06 directly to-date
from these settlements. In addition to settlement funds, each settlement
requires injunctive relief designed to address the marketing and sales tactics,
manufacturing and distribution processes, and incentive programs that
caused the opioid epidemic.
In signing on to this settlement, the City must release it's claims against
Purdue Pharma and the Sackler family defendants. Due to the amount of
time and resources required to independently litigate this case and the fact
71
that the State of Montana and a handful of local governments have
investigated or litigated this case against these defendants for many years,
the City Attorney does not recommend pursuing independent litigation.
Settlement funds must be used for evidence-based strategies, programing,
and services to address the misuse and abuse of opioids, treat or mitigate
opioid misuse or related disorders, and mitigate other harms from
overprescribing opioids, including the misuse or abuse of Fentanyl. For
instance, funds could be used to aid recovery from addiction or support for
law enforcement. A document from the national opioid settlement with
approved uses of settlement funds is attached to this memorandum.
To join the settlement, the City must sign a Participation Agreement and
Release. The Settlement Agreement and other documents related to this
and many other opioid settlements are found at
www.nationalopioidsettlement.com. The Attorney General's cover letter
along with the participation and release form are attached to this
memorandum. The deadline to sign on to this settlement is September 30,
2025.
UNRESOLVED ISSUES:None
ALTERNATIVES:Decline to join this opioid settlement and do not sign the required
documents.
FISCAL EFFECTS:The precise amount the City will receive is unknown at this time. Because
the amount of money distributed to the State of Montana depends on the
level of participation in the settlement by its local governments, it is
impossible at this juncture to determine the amount of money the City of
Bozeman will receive. If insufficient numbers of local governments
participate, the settlements may not be finalized.
From these nation-wide settlements, if full participation and incentives are
reached, Purdue Pharma and the Sackler family will pay a total of
approximately $3.485 billion over several years to governmental entities and
shareholders nationally. Assuming full participation, then the maximum
estimated distributions for the State of Montana, paid over 16 years are as
follows:
a. Payment 1: $2,543,505.47
b. Payment 2: $861,148.91
c. Payment 3: $1,067,147.68
d. Payment 4: $968,313.72
e. Payment 5: $484,712.87
f. Payment 6: $777,339.80
g. Payment 7: $874,386.48
h. Payment 8: $711,554.76
i. Payment 9: $737,237.06
72
j. Payment 10: $662,085.98
k. Payment 11: $731,466.07
l. Payment 12: $731,466.07
m. Payment 13: $731,466.07
n. Payment 14: $1,370,641.91
o. Payment 15: $1,370,641.91
p. Payment 16: $1,395,966.54
Of each of those payments, 15 percent is allocated to local governments, 15
percent is allocated to the State of Montana, and 70 percent is allocated to
the Montana Opioid Abatement Trust (“the Trust”). The Trust considers
proposals and awards funds within various subregions of the State. The City
of Bozeman and Gallatin County are one such subregion that may receive
distributions from the Trust.
Of the 15 percent allocated to local governments, The City of Bozeman's
share is roughly 2.02 percent. Therefore, the maximum annual payments
made directly to the City of Bozeman may be between $7,707 from the first
payment to $2,006 from the smallest annual payment.
All of the settlement funds must be used by participating states and
subdivisions to remediate and abate the impacts of the opioid crisis.
Attachments:
Atty Gen cover letter and participation form.pdf
List-of-Opioid-Remediation-Uses.pdf
Report compiled on: September 5, 2025
73
D E P A R T M E N T O F J U S T I C E
215 North Sanders
PO Box 201401
Helena, MT 59620-1401
(406) 444-2026
Contactdoj@mt.gov
mtdoj.gov
07/23/2025
Greetings City and County Officials
I am pleased to announce that the continuing dedicated work by State Attorneys General and their
staffs has resulted in an opioid settlement with Purdue and the Sackler family. This settlement will
provide more than 16 million dollars to the State and its local governments, with approximately
80% allocated to county and city governments for your local use.
With this letter is a longer explanation of the settlement, a form for your government to approve
participation in the settlement and a form to approve a slightly modified memorandum for
continuing the administrative structure for distribution of settlement funds created by the
Memoranda of Understanding of November 26, 2021 and the Amendment of January 27, 2022
which you approved for each of the prior settlements. The only modification is deletion of the
backstop provision in the earlier Memoranda which is not required in the Purdue and Sackler
settlement.
I urge you to review the materials and approve your continued participation in these settlements to
allow the State and all local governments to obtain the maximum amount of settlement funds. In
the prior settlements we have had 100% participation and that has resulted in the State obtaining the
maximum settlement value because of the incentive bonuses for full participation of all local
governments.
The deadline for approving your participation is September 30. I hope you will all promptly read
these materials and agree to your participation.
Thank you for your consideration. If you have any questions, please contact me in the Office of
Consumer Protection at brent.mead2@mt.gov or (406)-444-4500.
Sincerely,
Brent Mead
Docusign Envelope ID: EBC55E78-45CD-4023-BC4B-95018084CD30
74
New National Opioids Settlement: Purdue
Opioids Implementation Administrator
opioidsparticipation@rubris.com
Bozeman city, MT
Reference Number: CL-1734541
TO LOCAL POLITICAL SUBDIVISIONS:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW
NATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TO
PARTICIPATE.
Deadline: September 30, 2025
A new proposed national opioids settlement has been reached with Purdue (and
certain of its affiliates) and the Sackler family. This Participation Package is a follow-
up communication to the Notice of New National Opioids Settlement recently received
electronically by your subdivision.
The proposed settlement is being implemented in connection with Purdue’s
bankruptcy proceedings, and consists of, among other things, a settlement of
Purdue’s claims against the Sacklers and certain other parties (referred to as the
“Purdue Estate Settlement”), and settlements of direct claims against the Sacklers
held by States, local governments and other creditors (collectively, the “Purdue Direct
Settlement”, and together with the Estate Settlement, the “Purdue Settlement”). The
Purdue Direct Settlement for States and local governments is documented in the
Governmental Entity and Shareholder Direct Settlement Agreement.
You are receiving this Participation Package because all eligible States and territories,
including Montana, are participating in the Purdue Direct Settlement.
This electronic envelope contains:
The Participation Form for the Purdue Direct Settlement, including a release of
any claims
The Participation Form must be executed, without alteration, and submitted
on or before September 30, 2025, in order for your subdivision to be
considered for initial participation calculations and payment eligibility under
the Purdue Direct Settlement.
Based upon subdivision participation forms received on or before September 30,
2025, the subdivision participation rate will be used to determine whether
participation is sufficient for the Purdue Settlement to move forward and whether a
state earns its maximum potential payment under the Purdue Direct Settlement. If
the Purdue Settlement moves forward and goes effective, your release will become
Docusign Envelope ID: EBC55E78-45CD-4023-BC4B-95018084CD30
75
effective. If the Purdue Settlement does not move forward, that release will not
become effective.
Any subdivision that does not participate in the Purdue Direct Settlement cannot
directly share in the Purdue Direct Settlement funds, even if other subdivisions in the
state are participating and sharing in those Purdue Direct Settlement funds. Any
subdivision that does not participate may also reduce the amount of money for
programs to remediate the opioid crisis in its state. Please note, a subdivision will not
necessarily directly receive Purdue Settlement funds by participating; decisions on
how Purdue Settlement funds will be allocated within a state are subject to intrastate
agreements or state statutes.
You are encouraged to discuss the terms and benefits of the Purdue Settlement with
your counsel, your Attorney General’s Office, and other contacts within your state.
Many states are implementing and allocating funds for the Purdue Settlement the
same as they did for the prior opioids settlements but states may choose to treat the
Purdue Settlement differently.
Information and documents regarding the Purdue Settlement, including a complete
copy of the Governmental Entity and Shareholder Direct Settlement Agreement, and
how it is being implemented in your state and how funds will be allocated within your
state can be found on the national settlement website at
https://nationalopioidsettlement.com/purdue-sacklers-settlements/. This website
will be supplemented as additional documents are created.
How to return signed forms:
There are three methods for returning the executed Participation Form and any
supporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign: Executing the Participation Form
electronically through DocuSign will return the signed form to the
Implementation Administrator and associate your form with your subdivision’s
records. Electronic signature is the most efficient method for returning the
Participation Form, allowing for more timely participation and the potential to
meet higher settlement payment thresholds, and is therefore strongly
encouraged.
(2)Manual Signature returned via DocuSign: DocuSign allows forms to be
downloaded, signed manually, then uploaded to DocuSign and returned
automatically to the Implementation Administrator. Please be sure to complete
all fields. As with electronic signature, returning a manually signed
Participation Form via DocuSign will associate your signed forms with your
subdivision’s records.
(3)Manual Signature returned via electronic mail: If your subdivision is unable to
return an executed Participation Form using DocuSign, the signed Participation
Form may be returned via electronic mail to opioidsparticipation@rubris.com.
Docusign Envelope ID: EBC55E78-45CD-4023-BC4B-95018084CD30
76
Please include the name, state, and reference ID of your subdivision in the
body of the email and use the subject line Settlement Participation Form –
[Subdivision Name, Subdivision State] – [Reference ID].
Detailed instructions on how to sign and return the Participation Form, including
changing the authorized signer, can be found at
https://nationalopioidsettlement.com/purdue-sacklers-settlements/. You may also
contact opioidsparticipation@rubris.com.
YOU MUST PARTICIPATE IN THE PURDUE DIRECT SETTLEMENT BY
RETURNING YOUR PARTICIPATION FORM IN ORDER TO RECEIVE THE
BENEFITS OF THE PURDUE SETTLEMENT.
Please note that this is NOT a solicitation or a request for subdivisions to
submit votes on the Purdue bankruptcy plan. This settlement package only
pertains to a decision to participate in the Purdue Direct Settlement. If you
receive a package to vote on the plan you should follow the applicable
instructions for voting. PLEASE NOTE THAT VOTING ON THE PLAN IS
SEPARATE FROM PARTICIPATION IN THE PURDUE DIRECT SETTLEMENT.
The sign-on period for subdivisions ends on September 30, 2025.
If you have any questions about executing the Participation Form, please contact
your counsel, the Implementation Administrator at
opioidsparticipation@rubris.com, or Brent Mead at brent.mead2@mt.gov or 406-
444-4500.
Thank you,
Implementation Administrator for the Purdue Direct Settlement
The Implementation Administrator is retained to provide the settlement notice
required by the Purdue Direct Settlement to manage the collection of the participation
forms for it.
Docusign Envelope ID: EBC55E78-45CD-4023-BC4B-95018084CD30
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EXHIBIT K
Subdivision Participation and Release Form
Governmental Entity: Bozeman city State: MT
Authorized Signatory: /officialname_purdue/
Address 1: /address1_purdue/
Address 2: /address2_purdue/
City, State, Zip: /cit_pd/ /state_pd/ /zi_pd/
Phone: /phone_purdue/
Email: /email_purdue/
The governmental entity identified above (“Governmental Entity”), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to that certain
Governmental Entity & Shareholder Direct Settlement Agreement accompanying this
participation form (the “Agreement”)1, and acting through the undersigned authorized official,
hereby elects to participate in the Agreement, grant the releases set forth below, and agrees as
follows.
1.The Governmental Entity is aware of and has reviewed the Agreement, and agrees that by
executing this Participation and Release Form, the Governmental Entity elects to
participate in the Agreement and become a Participating Subdivision as provided therein.
2.The Governmental Entity shall promptly after the Effective Date, and prior to the filing of
the Consent Judgment, dismiss with prejudice any Shareholder Released Claims and
Released Claims that it has filed. With respect to any Shareholder Released Claims and
Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804,
the Governmental Entity authorizes the Plaintiffs’ Executive Committee to execute and file
on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice
substantially in the form found at https://nationalopioidsettlement.com.
3.The Governmental Entity agrees to the terms of the Agreement pertaining to Participating
Subdivisions as defined therein.
4.By agreeing to the terms of the Agreement and becoming a Releasor, the Governmental
Entity is entitled to the benefits provided therein, including, if applicable, monetary
payments beginning following the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the Agreement
solely for the purposes provided therein.
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as and to the extent provided in, and for resolving disputes to the extent provided in, the
1 Capitalized terms used in this Exhibit K but not otherwise defined in this Exhibit K have the meanings given to
them in the Agreement or, if not defined in the Agreement, the Master Settlement Agreement.
K-1
Docusign Envelope ID: EBC55E78-45CD-4023-BC4B-95018084CD30
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Agreement. The Governmental Entity likewise agrees to arbitrate before the National
Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Agreement.
7.The Governmental Entity has the right to enforce the Agreement as provided therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in the Agreement, including without limitation all provisions of Article 10
(Release), and along with all departments, agencies, divisions, boards, commissions,
districts, instrumentalities of any kind and attorneys, and any person in his or her official
capacity whether elected or appointed to serve any of the foregoing and any agency, person,
or other entity claiming by or through any of the foregoing, and any other entity identified
in the definition of Subdivision Releasor, to the maximum extent of its authority, for good
and valuable consideration, the adequacy of which is hereby confirmed, the Shareholder
Released Parties and Released Parties are, as of the Effective Date, hereby released and
forever discharged by the Governmental Entity and its Subdivision Releasors from: any
and all Causes of Action, including, without limitation, any Estate Cause of Action and any
claims that the Governmental Entity or its Subdivision Releasors would have presently or
in the future been legally entitled to assert in its own right (whether individually or
collectively), notwithstanding section 1542 of the California Civil Code or any law of any
jurisdiction that is similar, comparable or equivalent thereto (which shall conclusively be
deemed waived), whether existing or hereinafter arising, in each case, (A) directly or
indirectly based on, arising out of, or in any way relating to or concerning, in whole or in
part, (i) the Debtors, as such Entities existed prior to or after the Petition Date, and their
Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv) Covered Conduct and (B) as to
which any conduct, omission or liability of any Debtor or any Estate is the legal cause or is
otherwise a legally relevant factor (each such release, as it pertains to the Shareholder
Released Parties, the “Shareholder Released Claims”, and as it pertains to the Released
Parties other than the Shareholder Released Parties, the “Released Claims”). For the
avoidance of doubt and without limiting the foregoing: the Shareholder Released Claims
and Released Claims include any Cause of Action that has been or may be asserted against
any Shareholder Released Party or Released Party by the Governmental Entity or its
Subdivision Releasors (whether or not such party has brought such action or proceeding) in
any federal, state, or local action or proceeding (whether judicial, arbitral, or
administrative) (A) directly or indirectly based on, arising out of, or in any way relating to
or concerning, in whole or in part, (i) the Debtors, as such Entities existed prior to or after
the Petition Date, and their Affiliates, (ii) the Estates, (iii) the Chapter 11 Cases, or (iv)
Covered Conduct and (B) as to which any conduct, omission or liability of any Debtor or
any Estate is the legal cause or is otherwise a legally relevant factor.
9.As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and
irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought,
filed, or claimed, or to otherwise seek to establish liability for any Shareholder Released
Claims or Released Claims against any Shareholder Released Party or Released Party in
any forum whatsoever, subject in all respects to Section 9.02 of the Master Settlement
Agreement. The releases provided for herein (including the term “Shareholder Released
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79
Claims” and “Released Claims”) are intended by the Governmental Entity and its
Subdivision Releasors to be broad and shall be interpreted so as to give the Shareholder
Released Parties and Released Parties the broadest possible release of any liability relating
in any way to Shareholder Released Claims and Released Claims and extend to the full
extent of the power of the Governmental Entity to release claims. The Agreement shall be a
complete bar to any Shareholder Released Claim and Released Claims.
10.To the maximum extent of the Governmental Entity’s power, the Shareholder Released
Parties and the Released Parties are, as of the Effective Date, hereby released and
discharged from any and all Shareholder Released Claims and Released Claims of the
Subdivision Releasors.
11.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Agreement.
12.In connection with the releases provided for in the Agreement, each Governmental Entity
expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other
jurisdiction, or principle of common law, which is similar, comparable, or equivalent to
§ 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her, would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Shareholder Released Claims or such
other Claims released pursuant to this release, but each Governmental Entity hereby
expressly waives and fully, finally, and forever settles, releases and discharges, upon the
Effective Date, any and all Shareholder Released Claims or such other Claims released
pursuant to this release that may exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no fault
whatsoever, and which, if known, would materially affect the Governmental Entities’
decision to participate in the Agreement.
13.Nothing herein is intended to modify in any way the terms of the Agreement, to which
Governmental Entity hereby agrees. To the extent any portion of this Participation and
Release Form not relating to the release of, or bar against, liability is interpreted differently
from the Agreement in any respect, the Agreement controls.
14.Notwithstanding anything to the contrary herein or in the Agreement, (x) nothing herein
shall (A) release any Excluded Claims or (B) be construed to impair in any way the rights
and obligations of any Person under the Agreement; and (y) the Releases set forth herein
shall be subject to being deemed void to the extent set forth in Section 9.02 of the Master
Settlement Agreement.
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I have all necessary power and authorization to execute this Participation and Release Form
on behalf of the Governmental Entity.
Signature:/signer_1_purdue/
Name:/name_1_purdue/
Title:/title_1_purdue/
Date:/date_1_purdue/
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81
APPROVAL OF USE OF NOVEMBER 26, 2021 MEMORANDUM OF
UNDERSTANDING AND JANUARY 27, 2022 AMENDMENT TO THE MEMORANDUM
FOR THE ALLOCATION, ADMINISTRATION, AND DISBURSEMENT OF
SETTLEMENT FUNDS BUT NOT INCLUDING THE PROVISON OF
THE 5.5% BACKSTOP FROM THE PURDUE DIRECT SETTLEMENT
I, /name_1_purdue/, on behalf of Bozeman city, MT, do hereby approve the use of the
November 26, 2021 Memorandum of Understanding and the January 27, 2022
Amendment to the Memorandum of Understanding for the allocation, administration, and
disbursement of settlement funds from the PURDUE DIRECT settlement.
Signature:/signer_1_purdue/
Name:/name_1_purdue/
Title:/title_1_purdue/
Date:/date_1_purdue/
Docusign Envelope ID: EBC55E78-45CD-4023-BC4B-95018084CD30
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EXHIBIT E
List of Opioid Remediation Uses
Schedule A
Core Strategies
Settling States and Participating Subdivisions listed on Exhibit G may choose from among the
abatement strategies listed in Schedule B. However, priority may be given to the following core
abatement strategies (“Core Strategies”).1
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
1. Expand training for first responders, schools, community
support groups and families; and
2. Increase distribution to individuals who are uninsured or
whose insurance does not cover the needed service.
B. MEDICATION-ASSISTED TREATMENT (“MAT”)
DISTRIBUTION AND OTHER OPIOID-RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as
residential and inpatient treatment, intensive outpatient
treatment, outpatient therapy or counseling, and recovery
housing that allow or integrate medication and with other
support services.
1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for
new or existing programs.
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C. PREGNANT & POSTPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to
Treatment (“SBIRT”) services to non-Medicaid eligible or
uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder (“OUD”) and other
Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum;
and
3. Provide comprehensive wrap-around services to individuals
with OUD, including housing, transportation, job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)
1. Expand comprehensive evidence-based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infant-
need dyad; and
3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on-call teams to
begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery
services;
3. Broaden scope of recovery services to include co-occurring
SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals
in recovery, including housing, transportation, job
placement/training, and childcare; and
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5. Hire additional social workers or other behavioral health
workers to facilitate expansions above.
F. TREATMENT FOR INCARCERATED POPULATION
1. Provide evidence-based treatment and recovery support,
including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for jails to provide treatment to inmates
with OUD.
G. PREVENTION PROGRAMS
1. Funding for media campaigns to prevent opioid use (similar to
the FDA’s “Real Cost” campaign to prevent youth from
misusing tobacco);
2. Funding for evidence-based prevention programs in schools;
3. Funding for medical provider education and outreach regarding
best prescribing practices for opioids consistent with the CDC
guidelines, including providers at hospitals (academic
detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in pre-
arrest diversion programs, post-overdose response teams, or
similar strategies that connect at-risk individuals to behavioral
health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
1. Provide comprehensive syringe services programs with
more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and
treatment of infectious diseases.
I. EVIDENCE-BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
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Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder
or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use
Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:2
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S.
Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American Society
of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-occurring
SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and
other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-based
or evidence-informed practices such as adequate methadone dosing and low threshold
approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions and for persons who have
experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault,
human trafficking, or adverse childhood experiences) and family members (e.g.,
surviving family members after an overdose or overdose fatality), and training of
health care personnel to identify and address such trauma.
2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for
new or existing programs.
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7. Support evidence-based withdrawal management services for people with OUD and
any co-occurring mental health conditions.
8. Provide training on MAT for health care providers, first responders, students, or other
supporting professionals, such as peer recovery coaches or recovery outreach
specialists, including telementoring to assist community-based providers in rural or
underserved areas.
9. Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care, instructors,
and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers
involved in addressing OUD and any co-occurring SUD/MH or mental health
conditions, including, but not limited to, training, scholarships, fellowships, loan
repayment programs, or other incentives for providers to work in rural or underserved
areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
13. Disseminate web-based training curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based
training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of Addiction
Psychiatry’s Provider Clinical Support Service for Medication–Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any co-
occurring SUD/MH conditions, including housing, transportation, education, job
placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD and
any co-occurring SUD/MH conditions, including supportive housing, peer support
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services and counseling, community navigators, case management, and connections
to community-based services.
3. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow or
integrate FDA-approved mediation with other support services.
5. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.
6. Support or expand peer-recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-
occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for
persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
support the person with OUD in the family.
11. Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to individuals with or in recovery from
OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD
and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
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15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to, those that:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including
SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients on
post-discharge planning, including community referrals for MAT, recovery case
management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions or
persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
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occurring SUD/MH conditions or to persons who have experienced an opioid
overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons
with OUD and any co-occurring SUD/MH conditions, including established strategies
such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team (“DART”)
model;
3. “Naloxone Plus” strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion (“LEAD”) model;
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5. Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions to evidence-informed treatment, including MAT, and related
services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left jail
or prison, are on probation or parole, are under community corrections supervision, or
are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with
dual-diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal justice-
involved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment, recovery,
harm reduction, case management, or other services offered in connection with any of
the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, and the needs of their families, including babies with neonatal
abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MAT, recovery
services and supports, and prevention services for pregnant women—or women who
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could become pregnant—who have OUD and any co-occurring SUD/MH conditions,
and other measures to educate and provide support to families affected by Neonatal
Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for
up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS
babies; expand services for better continuum of care with infant-need dyad; and
expand long-term treatment and services for medical monitoring of NAS babies and
their families.
5. Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for parenting women with OUD and any co-
occurring SUD/MH conditions.
7. Provide enhanced family support and child care services for parents with OUD and
any co-occurring SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any co-occurring
SUD/MH conditions, including, but not limited to, parent skills training.
10. Provide support for Children’s Services—Fund additional positions and services,
including supportive housing and other residential services, relating to children being
removed from the home and/or placed in foster care due to custodial opioid use.
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PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing practices
for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain
from the U.S. Centers for Disease Control and Prevention, including providers at
hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs (“PDMPs”), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD in a manner that complies
with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy and
security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
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G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the Strategic
Prevention Framework developed by the U.S. Substance Abuse and Mental Health
Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed school
and community education programs and campaigns for students, families, school
employees, school athletic programs, parent-teacher and student associations, and
others.
9. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
10. Create or support community-based education or intervention services for families,
youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.
11. Support evidence-informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health workers
or other school staff, to address mental health needs in young people that (when not
properly addressed) increase the risk of opioid or another drug misuse.
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H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach workers,
persons being released from jail or prison, or other members of the general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer support
services, referrals to treatment, fentanyl checking, connections to care, and the full
range of harm reduction and treatment services provided by these programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons that
use opioids or persons with OUD and any co-occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students, peer
recovery coaches, recovery outreach specialists, or other professionals that provide
care to persons who use opioids or persons with OUD and any co-occurring SUD/MH
conditions.
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13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes of
addiction and overdose, goals for reducing harms related to the opioid epidemic, and
areas and populations with the greatest needs for treatment intervention services, and
to support training and technical assistance and other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid- or
health-related indicators and supports as identified through collaborative statewide,
regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
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K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care, primary
care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and strategies
described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to opioid use
disorders.
4. Research on novel harm reduction and prevention efforts such as the provision of
fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection
of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g., Hawaii HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations,
including individuals entering the criminal justice system, including, but not limited
to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction
opportunities within illicit drug markets, including surveys of market participants
who sell or distribute illicit opioids.
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9. Geospatial analysis of access barriers to MAT and their association with treatment
engagement and treatment outcomes
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Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
Kelley Rischke, Assistant City Attorney
SUBJECT:Authorize City Manager to Sign on to National Opioid Settlement with 8
Additional Opioid Manufacturers
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize City Manager to Sign on to this group of national opioid
settlements with Opioid Manufacturers Alvogen, Amneal, Apotex, Hikma,
Indivior, Mylan, Sun and Zydus, agreeing to the terms of each settlement
and releasing the City’s claims against each of these defendants in exchange
for a direct payment of settlement funds to the City.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND: The State of Montana has negotiated settlements with eight manufacturers
of opioid medications for their alleged role in the diversion, misuse, and
abuse of drugs that fueled the opioid crisis in America. The City of Bozeman
qualifies to receive direct payment from the settlement funds to be used for
abatement and remediation of the effects of the opioid crisis in the
community, if the City signs on to the settlement. Some political subdivisions
decided to retain counsel and file suit against some of the defendants in the
nationwide opioid litigation; the City of Bozeman did not choose to litigate,
so its best opportunity to receive any funds to address opioids is through
this settlement.
Since 2021, the City of Bozeman has joined 11 opioid settlements with
various manufacturers, distributors, and pharmacy chains, including:
manufacturers Janssen, Teva, Allergan, and Endo; distributors McKesson,
Cardinal, and Amerisource Bergen; and pharmacy chains Kroger, Walmart,
Walgreens, and CVS. The City has received $130,966.06 directly to-date
from these settlements. In addition to settlement funds, each settlement
requires injunctive relief designed to address the marketing and sales tactics,
manufacturing and distribution processes, and incentive programs that
caused the opioid epidemic.
In signing on to this settlement, the City must release its claims against each
of the eight manufacturer defendants. Due to the amount of time and
99
resources required to independently litigate this case and the fact that the
State of Montana and a handful of local governments have investigated or
litigated this case against these defendants for many years, the City Attorney
does not recommend pursuing independent litigation.
Settlement funds must be used for evidence-based strategies, programing,
and services to address the misuse and abuse of opioids, treat or mitigate
opioid misuse or related disorders, and mitigate other harms from
overprescribing opioids, including the misuse or abuse of Fentanyl. For
instance, funds could be used to aid recovery from addiction or support for
law enforcement. A document from the national opioid settlement with
approved uses of settlement funds is attached to this memorandum.
To join the settlement, the City must sign a Participation Agreement and
Release. The Settlement Agreement and other documents related to this
and many other opioid settlements is found at
www.nationalopioidsettlement.com. The Attorney General’s cover letter
along with the participation and release form are attached to this
memorandum. The deadline to sign on to this settlement is October 8,
2025.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Decline to join this opioid settlement and do not sign the required
documents.
FISCAL EFFECTS:The precise amount the City will receive is unknown at this time. Because
the amount of money distributed to the State of Montana depends on the
level of participation in the settlement by its local governments, it is
impossible at this juncture to determine the amount of money the City of
Bozeman will receive. If insufficient numbers of local governments
participate, the settlements may not be finalized.
From these nation-wide settlements, if full participation and incentives are
reached, the manufacturers will pay the following amounts nationally:
* Alvogen to immediately pay up to approximately $19 million;
* Amneal to pay up to approximately $74 million over 10 years, and to
provide either approximately $177 million of its generic version of the drug
Narcan or up to an additional approximately $44 million in cash;
* Apotex to immediately pay up to approximately $65 million;
* Hikma to immediately pay up to approximately $98 million, and to provide
either approximately $35 million of its naloxone product or up to an
additional approximately $7 million in cash;
* Indivior to pay up to approximately $75 million over 5 years, a portion of
which, at the election of the state, could be paid in the form of Indivior’s
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branded buprenorphine and/or nalmefene products with a value of up to
$140 million;
* Mylan to pay up to approximately $290 million over 9 years;
* Sun to immediately pay up to approximately $32 million; and
* Zydus to immediately pay up to approximately $15 million.
The above amounts reflect the total each defendant will pay nationally. Of
those amounts, the State of Montana will receive its allocation. The State of
Montana’s anticipates that its share of the settlements will total roughly
$2.5 million. Of the State’s allocation, 15% of the amount is allocated to
local governments, 15% is allocated to the State of Montana, and 70% is
allocated to the Montana Opioid Abatement Trust (“the Trust”). Of the 15%
allocated to local governments, The City of Bozeman’s share is roughly
2.02%.
The Trust considers proposals and awards funds within various subregions of
the State. The City of Bozeman and Gallatin County are one such subregion
that may receive distributions from the Trust.
All of the settlement funds must be used by participating states and
subdivisions to remediate and abate the impacts of the opioid crisis.
Attachments:
AG Cover letter and sign on materials.pdf
List-of-Opioid-Remediation-Uses.pdf
Report compiled on: September 5, 2025
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mtdoj.gov
August 26, 2025
Greetings City and County Officials
I am pleased to announce that the continuing dedicated work by State Attorneys General and their
staffs has resulted in an opioid settlement with Secondary Manufacturers. This settlement will
provide more than 16 million dollars to the State and its local governments, with approximately
80% allocated to county and city governments for your local use.
With this letter is a longer explanation of the settlement, a form for your government to approve
participation in the settlement and a form to approve a slightly modified memorandum for
continuing the administrative structure for distribution of settlement funds created by the
Memoranda of Understanding of November 26, 2021and the Amendment of January 27, 2022
which you approved for each of the prior settlements. The only modification is deletion of the
backstop provision in the earlier Memoranda which is not required in the Secondary Manufacturers
settlement.
I urge you to review the materials and approve your continued participation in these settlements to
allow the State and all local governments to obtain the maximum amount of settlement funds. In
the prior settlements we have had 100% participation and that has resulted in the State obtaining
the maximum settlement value because of the incentive bonuses for full participation of all local
governments.
The deadline for approving your participation is October 8, 2025. I hope you will all
promptly read these materials and agree to your participation.
Thank you for your consideration. If you have any questions, please contact me in the Office of
Consumer Protection at brent.mead2@mt.gov or (406)-444-4500.
Brent Mead
D E P A R T M E N T O F J U S T I C E
215 North Sanders
PO Box 201401
Helena, MT
59620-1401
(406) 444-2026
Contactdoj@mt.gov
Sincerely,
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New National Opioids Settlement: Secondary Manufacturers
Opioids Implementation Administrator
opioidsparticipation@rubris.com
Bozeman city, MT
Reference Number: CL-1765834
TO LOCAL POLITICAL SUBDIVISIONS:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW
NATIONAL OPIOIDS SECONDARY MANUFACTURERS SETTLEMENTS. YOU
MUST TAKE ACTION IN ORDER TO PARTICIPATE.
Deadline: October 8, 2025
A new proposed national opioids settlement (“Secondary Manufacturers
Settlements”) has been reached with eight opioids manufacturers: Alvogen, Amneal,
Apotex, Hikma, Indivior, Mylan, Sun, and Zydus (“Settling Defendants”). This
Combined Participation Package is a follow-up communication to the Notice of
National Opioids Settlement recently received electronically by your subdivision.
You are receiving this Combined Participation Package because Montana is
participating in the Secondary Manufacturers Settlements.
If a state is not eligible to or does not participate in the settlement with a particular
manufacturer, the subdivisions in that state are not eligible to participate in that
manufacturer’s settlement.
This electronic envelope contains:
A Combined Participation Form for the Secondary Manufacturers Settlements
that your subdivision is eligible to join, including a release of any claims.
The Combined Participation Form must be executed, without alteration, and
submitted on or before October 8, 2025, in order for your subdivision to be
considered for initial participation calculations and payment eligibility under
the Secondary Manufacturers Settlement.
Based upon Combined Participation Forms received on or before October 8, 2025, the
subdivision participation rate will be used to determine whether participation is
sufficient for each settlement to move forward and whether a state earns its
maximum potential payment under each settlement. If a settlement moves forward,
your release will become effective. If a settlement does not move forward, that
release will not become effective.
Any subdivision that does not participate cannot directly share in the settlement
funds, even if the subdivision’s state is settling and other participating subdivisions
are sharing in settlement funds. Any subdivision that does not participate may also
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reduce the amount of money for programs to remediate the opioid crisis in its state.
Please note, a subdivision will not necessarily directly receive settlement funds by
participating; decisions on how settlement funds will be allocated within a state are
subject to intrastate agreements or state statutes.
You are encouraged to discuss the terms and benefits of the Secondary
Manufacturers Settlements with your counsel, your Attorney General’s Office, and
other contacts within your state. Many states are implementing and allocating funds
for this new settlement the same as they did for the prior opioids settlements but
states may choose to treat this settlement differently.
Information and documents regarding the Secondary Manufacturers Settlements,
implementation in your state, and how funds will be allocated within your state can be
found on the national settlement website at
https://nationalopioidsettlement.com/. This website will be supplemented as
additional documents are created.
This Participation Packet is different than the participation packet you recently
received from Rubris concerning a settlement with Purdue Pharma, L.P, and the
Sackler Family. The Secondary Manufacturers Settlements discussed in this
Participation Packet are different than the settlement with Purdue and the Sacklers,
and you may participate in the Secondary Manufacturers Settlements regardless of
whether you join the Purdue and Sackler settlement.
How to return signed forms:
There are three methods for returning the executed Combined Participation Form and
any supporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign: Executing the Combined Participation Form
electronically through DocuSign will return the signed form to the
Implementation Administrator and associate your form with your subdivision’s
records. Electronic signature is the most efficient method for returning the
Combined Participation Form, allowing for more timely participation and the
potential to meet higher settlement payment thresholds, and is therefore
strongly encouraged.
(2)Manual Signature returned via DocuSign: DocuSign allows forms to be
downloaded, signed manually, then uploaded to DocuSign and returned
automatically to the Implementation Administrator. Please be sure to complete
all fields. As with electronic signature, returning a manually signed Combined
Participation Form via DocuSign will associate your signed forms with your
subdivision’s records.
(3)Manual Signature returned via electronic mail: If your subdivision is unable to
return an executed Combined Participation Form using DocuSign, the signed
Combined Participation Form may be returned via electronic mail to
opioidsparticipation@rubris.com. Please include the name, state, and
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reference ID of your subdivision in the body of the email and use the subject
line Combined Settlement Participation Form – [Subdivision Name, Subdivision
State] – [Reference ID].
Detailed instructions on how to sign and return the Combined Participation Form,
including changing the authorized signer, can be found at
https://nationalopioidsettlement.com/additional-settlements/. You may also contact
opioidsparticipation@rubris.com.
The sign-on period for subdivisions ends on October 8, 2025.
If you have any questions about executing the Combined Participation Form, please
contact your counsel, the Implementation Administrator at
opioidsparticipation@rubris.com, or Brent Mead at brent.mead2@mt.gov or 406-
444-4500.
Thank you,
Secondary Manufacturers Settlements Implementation Administrator
The Implementation Administrator is retained to provide the settlement notice
required by the Secondary Manufacturers Settlements and to manage the collection
of the Combined Participation Form.
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EXHIBIT K
Secondary Manufacturers’ Combined Subdivision Participation and Release Form
(“Combined Participation Form”)
Governmental Entity: Bozeman city State: MT
Authorized Official: /officialname_som/
Address 1: /address1_som/
Address 2: /address2_som/
City, State, Zip: /cit_sm/ /state_sm/ /zi_sm/
Phone: /phone_som/
Email: /email_som/
The governmental entity identified above (“Governmental Entity”), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to each of the
settlements which are listed in paragraph 1 below (each a “Secondary Manufacturer’s Settlement”
and collectively, “the Secondary Manufacturers’ Settlements”), and acting through the
undersigned authorized official, hereby elects to participate in each of the Secondary
Manufacturers’ Settlements, release all Released Claims against all Released Entities in each of the
Secondary Manufacturers’ Settlements, and agrees as follows.
1.The Participating Entity hereby elects to participate in each of the following Secondary
Manufacturers’ Settlements as a Participating Entity:
a.Settlement Agreement for Alvogen, Inc. dated April 4, 2025.
b.Settlement Agreement for Apotex Corp. dated April 4, 2025.
c.Settlement Agreement for Amneal Pharmaceuticals LLC dated April 4, 2025.
d.Settlement Agreement for Hikma Pharmaceuticals USA Inc. dated April 4, 2025.
e.Settlement Agreement for Indivior Inc. dated April 4, 2025.
f.Settlement Agreement for Viatris Inc. (“Mylan”) dated April 4, 2025.
g.Settlement Agreement for Sun Pharmaceutical Industries, Inc. dated April 4, 2025.
h.Settlement Agreement for Zydus Pharmaceuticals (USA) Inc. dated April 4, 2025.
2.The Governmental Entity is aware of and has reviewed each of the Secondary
Manufacturers’ Settlements, understands that all capitalized terms not defined in this
Combined Participation Form have the meanings defined in each of the Secondary
Manufacturers’ Settlements, and agrees that by executing this Combined Participation
Form, the Governmental Entity elects to participate in each of the Secondary
Manufacturers’ Settlements and become a Participating Subdivision as provided in each of
the Secondary Manufacturers’ Settlements.
3.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed against any Released Entity in each of the Secondary
Manufacturers’ Settlements. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
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authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice for each of the
manufacturers listed in paragraph 1 above substantially in the form found at
https://nationalopioidsettlement.com/additional-settlements/.
4.The Governmental Entity agrees to the terms of each of the Secondary Manufacturers’
Settlements pertaining to Participating Subdivisions as defined therein.
5.By agreeing to the terms of each of the Secondary Manufacturers’ Settlements and
becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein,
including, if applicable, monetary payments beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through each of the
Secondary Manufacturers’ Settlements solely for the purposes provided therein.
7.The Governmental Entity submits to the jurisdiction of the court and agrees to follow the
process for resolving any disputes related to each Secondary Manufacturer’s Settlement as
described in each of the Secondary Manufacturers’ Settlements.1
8.The Governmental Entity has the right to enforce each of the Secondary Manufacturers’
Settlements as provided therein.
9.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all
purposes in each of the Secondary Manufacturers’ Settlements, including without
limitation all provisions related to release of any claims,2 and along with all departments,
agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, and any person in his or her official capacity whether elected or appointed to
serve any of the foregoing and any agency, person, or other entity claiming by or through
any of the foregoing, and any other entity identified in the definition of Releasor, provides
for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity
hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or
to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish
liability for any Released Claims against any Released Entity in each of the Secondary
Manufacturers’ Settlements in any forum whatsoever. The releases provided for in each of
the Secondary Manufacturers’ Settlements are intended by the Parties to be broad and shall
be interpreted so as to give the Released Entities in each of the Secondary Manufacturers’
Settlements the broadest possible bar against any liability relating in any way to Released
1 See Settlement Agreement for Alvogen, Inc. Section VII.F.2; Settlement Agreement for Apotex Corp. Section
VII.F.2; Settlement Agreement for Amneal Pharmaceuticals LLC Section VII.F.2; Settlement Agreement for Hikma
Pharmaceuticals USA Inc. Section VII.F.2; Settlement Agreement for Indivior Section VI.F.2; Settlement Agreement
for Mylan Section VI.F.2; Settlement Agreement for Sun Pharmaceutical Industries, Inc. Section VII.F.2; Settlement
Agreement for Zydus Pharmaceuticals (USA) Inc. Section VII.F.2.
2 See Settlement Agreement for Alvogen, Inc. Section XI; Settlement Agreement for Amneal Pharmaceuticals LLC
Section X; Settlement Agreement for Apotex Corp. Section XI; Settlement Agreement for Hikma Pharmaceuticals
USA Inc. Section XI; Settlement Agreement for Indivior Section X; Settlement Agreement for Mylan Section X;
Settlement Agreement for Sun Pharmaceutical Industries, Inc. Section XI; Settlement Agreement for Zydus
Pharmaceuticals (USA) Inc. Section XI.
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Claims and extend to the full extent of the power of the Governmental Entity to release
claims. Each of the Secondary Manufacturers’ Settlements shall be a complete bar to any
Released Claim against that manufacturer’s Released Entities.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in each of the Secondary Manufacturers’ Settlements.
11.In connection with the releases provided for in each of the Secondary Manufacturers’
Settlements, each Governmental Entity expressly waives, releases, and forever discharges
any and all provisions, rights, and benefits conferred by any law of any state or territory of
the United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims in each of the Secondary
Manufacturers’ Settlements, but each Governmental Entity hereby expressly waives and
fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and
all Released Claims that may exist as of such date but which Releasors do not know or
suspect to exist, whether through ignorance, oversight, error, negligence or through no fault
whatsoever, and which, if known, would materially affect the Governmental Entities’
decision to participate in each of the Secondary Manufacturers’ Settlements.
12.The Governmental Entity understands and acknowledges that each of the Secondary
Manufacturers’ Settlements is an independent agreement with its own terms and
conditions. Nothing herein is intended to modify in any way the terms of any of the
Secondary Manufacturers’ Settlements, to which Governmental Entity hereby agrees, aside
from the exceptions in paragraph 13 below. To the extent this Combined Participation
Form is interpreted differently from any of the Secondary Manufacturers’ Settlements in
any respect, the individual Secondary Manufacturer’s Settlement controls.
13.For the avoidance of doubt, in the event that some but not all of the Secondary
Manufacturers’ Settlements proceed past their respective Reference Dates, all releases and
other commitments or obligations shall become void only as to those Secondary
Manufacturers’ Settlements that fail to proceed past their Reference Dates. All releases and
other commitments or obligations (including those contained in this Combined
Participation Form) shall remain in full effect as to each Secondary Manufacturer’s
Settlement that proceeds past its Reference Date, and this Combined Participation Form
need not be modified, returned, or destroyed as long as any Secondary Manufacturer’s
Settlement proceeds past its Reference Date.
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I have all necessary power and authorization to execute this Combined Participation Form
on behalf of the Governmental Entity.
Signature:/signer_1_som/
Name:/name_1_som/
Title:/title_1_som/
Date:/date_1_som/
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APPROVAL OF USE OF NOVEMBER 26, 2021, MEMORANDUM OF
UNDERSTANDING AND JANUARY 27, 2022, AMENDMENT TO THE MEMORANDUM
FOR THE ALLOCATION, ADMINISTRATION, AND DISBURSEMENT OF
SETTLEMENT FUNDS FROM THE SECONDARY MANUFACTURERS SETTLEMENT
I, /name_1_som/ ,on behalf of Bozeman city, MT do hereby approve the use of
the November 26, 2021 Memorandum of Understanding and the January 27, 2022,
Amendment to the Memorandum of Understanding for the allocation, administration,
and disbursement of settlement funds from the Secondary Manufacturers settlement.
Signature:/signer_1_som/
Name:/name_1_som/
Title:/title_1_som/
Date:/date_1_som/
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EXHIBIT E
List of Opioid Remediation Uses
Schedule A
Core Strategies
Settling States and Participating Subdivisions listed on Exhibit G may choose from among the
abatement strategies listed in Schedule B. However, priority may be given to the following core
abatement strategies (“Core Strategies”).1
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO
REVERSE OPIOID OVERDOSES
1. Expand training for first responders, schools, community
support groups and families; and
2. Increase distribution to individuals who are uninsured or
whose insurance does not cover the needed service.
B. MEDICATION-ASSISTED TREATMENT (“MAT”)
DISTRIBUTION AND OTHER OPIOID-RELATED
TREATMENT
1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;
2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;
3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and
4. Provide treatment and recovery support services such as
residential and inpatient treatment, intensive outpatient
treatment, outpatient therapy or counseling, and recovery
housing that allow or integrate medication and with other
support services.
1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for
new or existing programs.
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C. PREGNANT & POSTPARTUM WOMEN
1. Expand Screening, Brief Intervention, and Referral to
Treatment (“SBIRT”) services to non-Medicaid eligible or
uninsured pregnant women;
2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder (“OUD”) and other
Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum;
and
3. Provide comprehensive wrap-around services to individuals
with OUD, including housing, transportation, job
placement/training, and childcare.
D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)
1. Expand comprehensive evidence-based and recovery
support for NAS babies;
2. Expand services for better continuum of care with infant-
need dyad; and
3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.
E. EXPANSION OF WARM HAND-OFF PROGRAMS AND
RECOVERY SERVICES
1. Expand services such as navigators and on-call teams to
begin MAT in hospital emergency departments;
2. Expand warm hand-off services to transition to recovery
services;
3. Broaden scope of recovery services to include co-occurring
SUD or mental health conditions;
4. Provide comprehensive wrap-around services to individuals
in recovery, including housing, transportation, job
placement/training, and childcare; and
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5. Hire additional social workers or other behavioral health
workers to facilitate expansions above.
F. TREATMENT FOR INCARCERATED POPULATION
1. Provide evidence-based treatment and recovery support,
including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and
2. Increase funding for jails to provide treatment to inmates
with OUD.
G. PREVENTION PROGRAMS
1. Funding for media campaigns to prevent opioid use (similar to
the FDA’s “Real Cost” campaign to prevent youth from
misusing tobacco);
2. Funding for evidence-based prevention programs in schools;
3. Funding for medical provider education and outreach regarding
best prescribing practices for opioids consistent with the CDC
guidelines, including providers at hospitals (academic
detailing);
4. Funding for community drug disposal programs; and
5. Funding and training for first responders to participate in pre-
arrest diversion programs, post-overdose response teams, or
similar strategies that connect at-risk individuals to behavioral
health services and supports.
H. EXPANDING SYRINGE SERVICE PROGRAMS
1. Provide comprehensive syringe services programs with
more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and
treatment of infectious diseases.
I. EVIDENCE-BASED DATA COLLECTION AND
RESEARCH ANALYZING THE EFFECTIVENESS OF THE
ABATEMENT STRATEGIES WITHIN THE STATE
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Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder
or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to, the following:
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use
Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:2
1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S.
Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American Society
of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-occurring
SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and
other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-based
or evidence-informed practices such as adequate methadone dosing and low threshold
approaches to treatment.
5. Support mobile intervention, treatment, and recovery services, offered by qualified
professionals and service providers, such as peer recovery coaches, for persons with
OUD and any co-occurring SUD/MH conditions and for persons who have
experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault,
human trafficking, or adverse childhood experiences) and family members (e.g.,
surviving family members after an overdose or overdose fatality), and training of
health care personnel to identify and address such trauma.
2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for
new or existing programs.
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7. Support evidence-based withdrawal management services for people with OUD and
any co-occurring mental health conditions.
8. Provide training on MAT for health care providers, first responders, students, or other
supporting professionals, such as peer recovery coaches or recovery outreach
specialists, including telementoring to assist community-based providers in rural or
underserved areas.
9. Support workforce development for addiction professionals who work with persons
with OUD and any co-occurring SUD/MH conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care, instructors,
and clinical research for treatments.
11. Offer scholarships and supports for behavioral health practitioners or workers
involved in addressing OUD and any co-occurring SUD/MH or mental health
conditions, including, but not limited to, training, scholarships, fellowships, loan
repayment programs, or other incentives for providers to work in rural or underserved
areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
13. Disseminate web-based training curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based
training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of Addiction
Psychiatry’s Provider Clinical Support Service for Medication–Assisted Treatment.
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any co-
occurring SUD/MH conditions, including housing, transportation, education, job
placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD and
any co-occurring SUD/MH conditions, including supportive housing, peer support
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services and counseling, community navigators, case management, and connections
to community-based services.
3. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow or
integrate FDA-approved mediation with other support services.
5. Provide community support services, including social and legal services, to assist in
deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.
6. Support or expand peer-recovery centers, which may include support groups, social
events, computer access, or other services for persons with OUD and any co-
occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services for
persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college recovery
programs, and provide support and technical assistance to increase the number and
capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
support the person with OUD in the family.
11. Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to individuals with or in recovery from
OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with OUD
and any co-occurring SUD/MH conditions, including new Americans.
14. Create and/or support recovery high schools.
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15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to, those that:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for OUD
treatment.
2. Fund SBIRT programs to reduce the transition from use to disorders, including
SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the technology.
5. Expand services such as navigators and on-call teams to begin MAT in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients on
post-discharge planning, including community referrals for MAT, recovery case
management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
8. Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions or
persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support specialists,
to connect individuals to treatment or other appropriate services following an opioid
overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar settings;
offer services, supports, or connections to care to persons with OUD and any co-
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occurring SUD/MH conditions or to persons who have experienced an opioid
overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons
with OUD and any co-occurring SUD/MH conditions, including established strategies
such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team (“DART”)
model;
3. “Naloxone Plus” strategies, which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion (“LEAD”) model;
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5. Officer intervention strategies such as the Leon County, Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions to evidence-informed treatment, including MAT, and related
services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MAT, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left jail
or prison, are on probation or parole, are under community corrections supervision, or
are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with
dual-diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional settings.
7. Provide training on best practices for addressing the needs of criminal justice-
involved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment, recovery,
harm reduction, case management, or other services offered in connection with any of
the strategies described in this section.
E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring
SUD/MH conditions, and the needs of their families, including babies with neonatal
abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs
or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MAT, recovery
services and supports, and prevention services for pregnant women—or women who
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could become pregnant—who have OUD and any co-occurring SUD/MH conditions,
and other measures to educate and provide support to families affected by Neonatal
Abstinence Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for
up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with
pregnant women and their families regarding treatment of OUD and any co-occurring
SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for NAS
babies; expand services for better continuum of care with infant-need dyad; and
expand long-term treatment and services for medical monitoring of NAS babies and
their families.
5. Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
NAS get referred to appropriate services and receive a plan of safe care.
6. Provide child and family supports for parenting women with OUD and any co-
occurring SUD/MH conditions.
7. Provide enhanced family support and child care services for parents with OUD and
any co-occurring SUD/MH conditions.
8. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
9. Offer home-based wrap-around services to persons with OUD and any co-occurring
SUD/MH conditions, including, but not limited to, parent skills training.
10. Provide support for Children’s Services—Fund additional positions and services,
including supportive housing and other residential services, relating to children being
removed from the home and/or placed in foster care due to custodial opioid use.
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PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing practices
for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain
from the U.S. Centers for Disease Control and Prevention, including providers at
hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid prescribing,
dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs (“PDMPs”), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality, or
format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MAT referrals and follow-up for individuals identified
within PDMP data as likely to experience OUD in a manner that complies
with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy and
security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
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G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse.
2. Corrective advertising or affirmative public education campaigns based on evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the Strategic
Prevention Framework developed by the U.S. Substance Abuse and Mental Health
Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed school
and community education programs and campaigns for students, families, school
employees, school athletic programs, parent-teacher and student associations, and
others.
9. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
10. Create or support community-based education or intervention services for families,
youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.
11. Support evidence-informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health workers
or other school staff, to address mental health needs in young people that (when not
properly addressed) increase the risk of opioid or another drug misuse.
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H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach workers,
persons being released from jail or prison, or other members of the general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses for
first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer support
services, referrals to treatment, fentanyl checking, connections to care, and the full
range of harm reduction and treatment services provided by these programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons that
use opioids or persons with OUD and any co-occurring SUD/MH conditions.
12. Providing training in harm reduction strategies to health care providers, students, peer
recovery coaches, recovery outreach specialists, or other professionals that provide
care to persons who use opioids or persons with OUD and any co-occurring SUD/MH
conditions.
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13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
2. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes of
addiction and overdose, goals for reducing harms related to the opioid epidemic, and
areas and populations with the greatest needs for treatment intervention services, and
to support training and technical assistance and other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid- or
health-related indicators and supports as identified through collaborative statewide,
regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to support
collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any
co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
4. Provide resources to staff government oversight and management of opioid abatement
programs.
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K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve the
capability of government, community, and not-for-profit entities to abate the opioid
crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care, primary
care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and strategies
described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to opioid use
disorders.
4. Research on novel harm reduction and prevention efforts such as the provision of
fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved detection
of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g., Hawaii HOPE and Dakota 24/7).
7. Epidemiological surveillance of OUD-related behaviors in critical populations,
including individuals entering the criminal justice system, including, but not limited
to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and harm reduction
opportunities within illicit drug markets, including surveys of market participants
who sell or distribute illicit opioids.
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9. Geospatial analysis of access barriers to MAT and their association with treatment
engagement and treatment outcomes
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Memorandum
REPORT TO:City Commission
FROM:Shawn Kohtz, Utilities Director
SUBJECT:Memorandum of Understanding with Gallatin County, Grease Interceptor
and Wastewater Dump Station for Food Truck and RV Waste
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign Memorandum of Understanding with
Gallatin County for a food truck and RV waste dump site.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The Gallatin City-County Health Department reached out noting ongoing
issues with disposal of food truck waste. There currently is not a designated
location for discharge of grease-laden waste from food trucks into the City’s
sanitary sewer system. The health department has indicated cases of waste
being dumped directly onto ground surfaces, which is illegal waste dumping.
Other instances of dumping grease laden wastes into sanitary sewer services
without treatment for grease are also occurring. Further, payment for this
sanitary sewer collection and treatment service for illegal dumping is not
being captured.
To correct this issue and provide a legal location for food truck waste
dumping, County and City staff worked together to determine a location to
create a waste dump site and facilities. Per the attached MOU, the County
will provide the dump site on the Fairgrounds property adjacent to E.
Tamarack Street. The City would provide the design, construction oversight,
and funds for the facility. The County would pay for and install the per-use
charging station.
The facility would simultaneously provide a separate sewer connection for
RV waste dumping at the same location.
The City would charge standard sewer billing rates to the County for the
sewer connections. The County would charge per-use fees to users to
recover their costs for City sewer service billing as well as maintenance and
operation of the dump station.
Capital funds for the project were approved in the fiscal year 2026 budget
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per capital improvement plan project code WW148.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:The fiscal year 2026 budget includes $86,000 from the Wastewater Fund to
fund the food truck and RV dump site; the capital improvements plan (CIP)
description is project code WW148 – Food Truck and RV Dump Site Joint
Project with Gallatin County.
Attachments:
Interceptor-dump station MOU 081425
Report compiled on: September 8, 2025
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) between the City of Bozeman,
Montana (City), and Gallatin County, Montana (County), is entered into for the
purpose of outlining the duties and responsibilities of each entity with respect to the
design, installation and use of a grease interceptor and wastewater dump station on
County property located in the SW ¼ of Section 6, Township 2 South, Range 6 East,
Principle Meridian in Gallatin County, Montana (“Fairgrounds”).
WHEREAS, the City seeks the availability of a grease interceptor and wastewater
dump station (the “Project”) to alleviate the dumping of grease-laden waste into the
sanitary sewer system and unsanitary waste onto its streets and into its stormwater
systems; and,
WHEREAS, the Project includes the installation of a grease interceptor which will
provide mobile food vendors access to an appropriate site to deposit grease-laden
wastewater generated by their operations; and
WHEREAS, the Project also consists of the installation of a dump station for
wastewater which will provide a conveniently-located service for recreationalists
and others desiring to appropriately dispose of wastewater; and
WHEREAS, the County owns the Fairgrounds property (the Site) and is considering
allowing the City to encumber a portion with the installation of the Project; and,
WHEREAS, the County would derive benefit for its own operations and events as
well as a revenue source from the Project; and,
WHEREAS, the City and County believe it is important to set forth an agreement to
identify the intentions and actions of each party in furtherance of the Project.
NOW THEREFORE, in furtherance of the Project, and anticipated operations, the
City and County, where referenced, agree as follows:
I. Design and Installation.
a. The City agrees to design the Project, internally or at its expense, in
consultation with and to be approved by the County.
b. The County will determine the location of the Project on the Site, in
consultation with the City.
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c. The City will obtain all required permits and complete any processes
required by the City or Health Department at its expense. Any
development on the Site will follow all applicable City and Health
Department codes and regulations.
d. The City will procure, manage, and pay for the installation of the
Project.
e. The County will procure, manage, and pay for any payment and/or use
monitoring systems associated with the Project.
f. If any indirect infrastructure improvements are determined to be
required on the Site to complete the Project, the County may choose to
pay for those improvements, to discontinue the Project, or to negotiate
a cost-share with the City for these improvements.
g. The County will allow installation of the Project on the Site at no
additional cost to the City beyond the Project costs contained in this
agreement.
II. Operation
a. The County owns, maintains and operates the Site and will manage and
operate the Project upon completion. The County is responsible for all
repair and maintenance costs.
b. The Project will be available for general public use. The City will
determine and charge utility fees subject to its rate-determining
processes; the County will then determine rates for the services
provided by the Project at its discretion to cover such fees as well as
operation and maintenance, overhead, revenue generation, etc.
c. The County, to the best of its ability, will not allow inappropriate use
of the Project that would damage City infrastructure including but not
limited to dumping of porta-potty waste or hazardous wastes.
d. The Parties will negotiate in good faith the free or reduced-cost use of
the Project for items upon the City’s request, including but not limited
to City operations.
III. Indemnification.
a. To the fullest extent allowable by law, the City and County waive any
and all claims and recourse against the other and its officers, agents and
employees, including the right of contribution for loss or damage to
person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement,
except claims arising from the intentional misconduct, recklessness, or
negligence of the City or County or its officers, agents or employees.
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b. To the fullest extent allowable by law, the City and County will
mutually indemnify, hold harmless, and defend each other and their
officers, agents, and employees against any claim, damage, liability,
loss, expense, fee, action or charge (including liability where activity is
inherently or intrinsically dangerous), including attorney’s fees
(including fees of the internal attorneys) arising out of acts, errors,
omissions, or negligence or from failure to comply with the
requirements of this Agreement or with any applicable law relevant to
the performance of this Agreement.
City of Bozeman: Gallatin County
______________________________ _________________________
Chuck Winn Date Jennifer Boyer Date
City Manager County Commission, Chair
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Memorandum
REPORT TO:City Commission
FROM:
Eilis Redmond, HR Generalist
Cassandra Tozer, HR Director
SUBJECT:Authorize the City Manager to sign an End User Agreement with Accurate
Background, LLC, to Provide Background Screening Services to the City.
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an agreement with Accurate Background,
LLC.
STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained,
qualified and motivated team capable of delivering superior performance.
Be accountable and expect accountability from others. Make demonstrated
use of good judgement a part of the evaluation process for promotions.
BACKGROUND:The City's Human Resources Department uses a third party vendor to
conduct routine background checks on new employees, returning
employees, and volunteers. The City is entering into a contract with a new
vendor to provide these services.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:None.
Attachments:
End User Agreement with City of Bozeman.pdf
Report compiled on: September 3, 2025
132
END USER AGREEMENT
This End User Agreement (“Agreement”) is entered into by Accurate Background, LLC, a California limited liability company,
and its wholly owned Subsidiaries, with its principal place of business at 200 Spectrum Center Drive, Suite 1100, Irvine CA
92618 (hereinafter referred to as “Provider”) and City of Bozeman, with its principal place of business at 121 North Rouse
Avenue, Bozeman, Montana 59715, United States together with its Affiliates who elect to utilize this Agreement, (hereinafter
referred to as “End User”), with an effective date of October 1, 2025(“Effective Date”). Provider and End User are hereinafter
collectively referred to as “Parties” and individually as a “Party”.
WHEREAS, Provider is a Consumer Reporting Agency in the business of providing Consumer Reports and background screening
solutions, drug testing and other administrative services (“Services”).
WHEREAS, End User is in the industry of Municipal Government and desires to purchase the Services pursuant to the terms
and conditions set forth in this Agreement and its Exhibits and Addendums.
NOW THEREFORE, in consideration of the Parties’ mutual covenants and agreements set forth herein and for other good,
valuable, and adequate consideration received, the Parties agree as follows:
1. SERVICES.
a. Services. Provider will provide End User with certain Services included in the Pricing Exhibit of this Agreement or if
applicable, a Scope of Work (“SOW”) executed by the Parties.
b. Definitions. Any capitalized terms in this Agreement shall have the meaning as defined and contemplated in the Fair
Credit Reporting Act 15 USC § 1681 et seq. (“FCRA”)
c. Affiliates. End User’s Affiliates may order Provider’s Services under the same terms and conditions as this Agreement,
provided that (i) End User’s Affiliates enter into a Participation Agreement and (ii) End User’s Affiliate satisfies the
credentialing requirements. Unless such terms and conditions are expressly amended in the Participation Agreement,
the execution by an End User’s Affiliate of the Participation Agreement constitutes its agreement to be bound by and
entitled to the benefits, terms and conditions of this Agreement as if such End User Affiliate were a signatory hereto.
Any reference to End User throughout this Agreement shall include such End User Affiliate. For the purposes of this
provision, “Affiliate” means any entity controlling, controlled by or under common control with End User.
2. TERM AND TERMINATION.
a. Term. The term of this Agreement shall become effective as of the Effective Date above and shall continue until
terminated by either Party in a manner and method as described herein. Provider will be the exclusive provider
for the End User, except for services not obtained under this Agreement. End User and Provider agree to cooperate
in good faith to expedite the implementation of End User’s account.
b. Termination.
i. Termination For Cause. In addition to any and all other rights a Party may have available according to law, if a
Party materially breaches this Agreement or defaults by failing to perform any provision, term or condition of this
Agreement, the other Party may terminate the Agreement by providing written notice to the defaulting Party.
This notice shall describe in detail the nature of the default. The Party receiving notice shall have thirty (30) days
from the receipt of such notice to cure the default(s). Unless waived by the Party providing notice, the failure to
cure the defaults shall result in termination of this Agreement. In addition, Provider has the right to immediately
suspend Services to the End User if Provider reasonably believes End User is in violation of any applicable law or
puts Provider in a risk of non-compliance with applicable international, state, local or federal law, including but
not limited to, End User’s failure or refusal to sign any additional documentation Provider reasonably believes is
necessary in order to maintain compliance with any applicable laws. 133
ii. Termination for Convenience. Either Party may terminate this Agreement without cause or without penalty
upon at least sixty (60) days’ prior written notice of termination to the other.
c. Either Party has the right to terminate this Agreement, effective upon written notice of the other Party, if (i) the
other Party becomes insolvent or admits its inability to pay its debts generally as they become due; (ii) becomes
subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law,
which is not fully stayed or is not dismissed or vacated within 60 days after filing; or has a receiver, trustee, custodian
or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material
portion of its property or business.
d. Changes in Law/Regulatory Termination. In the event any law, regulation or rule is enacted or modified or there is
any substantial change in the judicial or administrative interpretation of any existing law, regulation or rule that will
materially and adversely affect either Party’s ability to perform under this Agreement or to realize the intended
benefits of this Agreement, the Parties will use their best efforts to modify this Agreement in a manner that will
mitigate the effect of such change. If no reasonable modification or the Parties cannot mutually agree to an
amendment, then either Party may terminate this Agreement by providing thirty (30) days’ written notice.
e. Inactivity. Any account that remains inactive for a period of twelve months may be deemed a termination by End
User, and Provider may terminate the account.
3. PAYMENT AND BILLING.
a. Invoicing. End User agrees to provide credit card or ACH banking information for recurring payment on services
rendered at the rates stated in the Pricing Exhibit. Provider will use the payment information on file to initiate an
automatic payment thirty (30) days after the invoice email date. Provider does not accept one-time or virtual
credit cards to enroll in automatic payment. If Provider is unable to process payment using the credit card or
ACH banking information provided, the account may be suspended by Provider until End User provides valid
credit card or ACH banking information for recurring payment. All credit card payments are subject to a 3%
service fee.
b. Accounts with an outstanding balance forty (40) days after the due date may be placed on hold until the entire
amount is paid in full. Should an account be suspended for non-payment, no additional requests will be processed
until the balance due is paid in full or arrangements have been made with Provider’s Accounts Receivable
Department. End User shall pay interest at the rate of one and one-half percent (1 ½%) per month, or as allowed by
law, on all unpaid and undisputed charges and any interest thereof, from the date such charges, or portions thereof,
became due until paid.
c. Statutory Fees. End User agrees to pay all third-party fees, charges or costs incurred by Provider in connection with
the Services (“Statutory Fees”). Statutory Fees include, but are not limited to, charges, cost or access fees levied by
federal, state, county or local courts, governmental agencies, law enforcement agencies, state departments of motor
vehicles, educational institutions, schools, employer verifications, drug testing laboratories, third party collection
sites or other information sources which are incurred by Provider in retrieving the results that will be included in the
Consumer Report and in connection with the Services. End User understands that Statutory Fees are subject to
change without prior notice due to changes by the applicable third party that is the source of the fee, but Provider
will give notice of such change as promptly as practicable. End User acknowledges that Provider does not directly
mark up the Statutory Fees but End User acknowledges and agrees that the Statutory Fees payable by End User are
charged without volume or other commitment discounts that Provider may have or may receive as such are not
guaranteed and subject to various contingencies that make them variable and uncertain at the time incurred.
d. Taxes. All fees and charges for Services are exclusive of any sales or use taxes and other federal, state, municipal or
governmental taxes or levies applicable to the sale or use of the Services hereunder or any addendum attached
hereto now in force or enacted in the future. Where applicable, Provider will include such taxes on the invoice
provided to End User, and End User shall pay any applicable taxes in accordance with the payment terms in this 134
Agreement. If End User is exempt from said taxes, End User will supply Provider with a tax exemption certificate
acceptable to the taxing authorities.
e. Cancellation. If End User elects to cancel a search after the request has been submitted to Provider, End User will be
charged for any search that has been sent to research or has been completed on behalf of End User prior to the End
User notifying Provider of the cancellation.
4. CONFIDENTIALITY AND INFORMATION SECURITY.
a. Confidential Information. As part of carrying out a Party’s obligations under this Agreement, either Party (“Disclosing
Party”) may make available to the other Party (“Receiving Party”) certain Confidential or Proprietary Information
(“Confidential Information”). Confidential Information means any and all non-public information provided by or on
behalf of the Disclosing Party, including without limitation, financial information, commercial information, technical
data, proprietary data, sales or pricing information, future products or Services, employee information, including
personal identifying information of Consumers, software, trade secrets, processes, procedures, know-how, the
Consumer Report, and any other information that may be reasonably deemed confidential regardless if said
information is marked confidential or the method of disclosure (oral, written, visual or otherwise). Confidential
Information shall not include any information disclosed by the Disclosing Party that i) is or becomes publicly available
other than as a result of the Receiving Party’s breach hereof, (ii) was in the Receiving Party’s possession prior to its
receipt hereunder from the Disclosing Party, (iii) is independently developed by the Receiving Party without breach
hereof, or (iv) is disclosed to the Receiving Party by a third party rightfully in possession of such information who is
not otherwise subject to an obligation to keep such information confidential.
b. Non-Disclosure. Except as required by law, the Receiving Party agrees: (i) to keep all Confidential Information in strict
confidence; (ii) to take all reasonable precautions to protect the Confidential Information; (iii) to not use any
Confidential Information except as necessary for the performance of its obligation under this Agreement; (iv) to not
disclose any Confidential Information to any third party, except as necessary for the performance of the Parties’
obligations hereunder, but only if the third party has agreed to confidentiality and non-disclosure provisions as
required herein; and (v) will not reverse engineer or disassemble any products, technology or reports that contain
such Confidential Information. Notwithstanding the foregoing, Provider is not (i) restricted from disclosing to a
Consumer their Consumer Report or Consumer file as required by applicable law or (ii) restricted from providing any
Confidential Information as necessary to conduct the Consumer Report.
c. Notice to Employees or Representatives. Receiving Party shall notify all of its employees, agents and other
approved representatives who require access to Confidential Information of the obligations of confidentiality
contained herein. Receiving Party shall be responsible for any breaches of this Confidentiality Agreement by any
person or entity to which it provides or makes available Confidential Information received hereunder.
d. In the event the Receiving Party is required by applicable law, regulation or other legal process to disclose any
Confidential Information, the Receiving Party will provide the Disclosing Party with prompt written notice in order to
enable the Disclosing Party to object to the disclosure or seek the appropriate protective order.
e. Remedies. The Receiving Party agrees that the Disclosing Party will suffer irreparable harm or injury and the remedies
available at law may not be adequate to redress such harm and injury. Accordingly, the Receiving Party agrees that
the Disclosing Party shall be entitled to temporary or permanent injunctive relief to prevent or discontinue such
disclosures without the necessity of proving damages or posting bond.
f. Information Security. Each Party understands that the performance of the Services in this Agreement requires the
transfer of personal identifying information and other personal information pertaining to a Consumer. The Parties
agree to implement administrative, physical and technical safeguards to protect such Personal Information, Services
and the Consumer Report(s) from unauthorized access, acquisition, disclosure, destruction, alteration, loss, misuse or
damage that are no less rigorous than generally accepted industry standards and shall ensure that all safeguards
including the manner in which Personal Information is disclosed, shared, stored, used, processed and disposed of
135
comply with the applicable data protection and privacy laws. End User agrees to the requirements contained in
Exhibit A (“Access Security and Data Disposal Requirements”).
5. DATA OWNERSHIP. End User acknowledges that Provider has pre-existing property rights in certain materials and
software that Provider uses in performing the Services (“Provider’s Property”). All title, ownership and intellectual
property rights of the Provider’s Property shall remain the property of Provider and/or its licensors or suppliers. Provider
hereby grants End User a limited, non-exclusive, non-transferable, revocable license to access Provider’s Property during
the term of this Agreement as necessary to achieve the purpose of this Agreement and access the Consumer Report.
End User shall retain the perpetual right to maintain its copies of Consumer Reports in accordance with and subject to
this Agreement. Any Consumer data and/or personal identifying information provided by End User to Provider and used
by Provider directly or indirectly in the performance of this Agreement shall remain at all times the property of End User.
Following the termination of this Agreement, End User will be provided a reasonable opportunity to (i) download for its
records any Consumer Reports or other data contained in the Provider’s Property or (ii) obtain from Provider, in a
mutually agreed upon format, at Provider’s then current fees, copies of the End User’s Consumer Reports or other data.
Thereafter, Provider will have no responsibility to End User to maintain copies of the Consumer Reports, except in order
to comply with Provider’s legal and contractual obligations and in accordance with its internal data retention policy.
6. AUDIT. End User agrees to cooperate with Provider and/or Provider’s data supplier to assure compliance with the terms
of this Agreement. Provider retains the right, at its own expense and upon reasonable notice, to examine and request
copies of the authorization, disclosure or consents signed by the End User’s applicant, employee or Consumer; the
adverse action notifications; or any other legally required documents to ensure End User is complying with the FCRA and
other state or local regulations. Such audit may also verify that basic company information has not changed, the
permissible purpose for procuring the Consumer Report is still valid, and that the appropriate data and security
certifications are being maintained. Breaches of this Agreement and/or reasonable belief by Provider that End User is in
violation of applicable law or otherwise places Provider at risk of non-compliance with applicable law(s), including data
security laws, may result in immediate suspension and/or termination of the Services. In addition to the foregoing, any
breaches and violations of service usage as alleged by one of Provider’s data providers may be subject to corrective
action to include suspension and/or termination of those Services.
7. WARRANTY.
a. Mutual Warranties. Each Party represents and warrants to the other that: (i) it is duly organized, validly existing and
in good standing as a corporation or other entity as represented herein under the laws and regulations of its
jurisdiction of incorporation, organization or chartering; (ii) it has the full right, power and authority to enter into this
Agreement, to grant the rights and licenses granted hereunder and to perform its obligations hereunder; (iii) the
execution of this Agreement by its representative who has knowledge of the facts certified and whose signature is set
forth at the end hereof has been duly authorized by all necessary corporate action of the Party; and (iv) when
executed and delivered by such Party, this Agreement will constitute the legal, valid and binding obligation of such
Party, enforceable against such Party in accordance with its terms.
b. Provider’s Warranty.
i. Provider acknowledges that it will provide Services to End User consistent with generally accepted and
reasonable industry standards in obtaining information from third parties and will further comply with its
responsibilities under the Fair Credit Reporting Act and other applicable laws. End User expressly acknowledges
and agrees that it is responsible for determining if its use of the system, Services, reports, and data offered by
and through Provider is compliant with End User’s responsibilities under applicable laws, and Provider is making
no representation that End User’s use of the Services are compliant with applicable laws. End User
acknowledges that the information compiled in the Report may have been derived from third parties, including
but not limited to, third party databases, records, individual references, educational institutions and/or
governmental agencies and records, and the information maintained by those third parties may not be under the
control of Provider and is being provided “AS IS”. As such, Provider cannot be a guarantor of such information.
ii. Education and Materials. End User understands that any templates, compliance updates, education, best
practices, recommendations, conversation or communication with Provider are not to be considered a legal 136
opinion. End User understands that Provider may provide samples of certifications, consumer consents, forms,
notices, summary of rights, disclosures, authorizations, pre- adverse action letters or other materials or
information (hereinafter referred to as “Material”) which End User may find helpful in meeting its obligations
under the FCRA and other applicable state or local laws. Provider fully disclaims any and all liability relating to
the content compliance or effectiveness of any such Material or education. End User acknowledges and agrees:
(a) any provision of Material provided by Provider relating to the FCRA or other applicable laws is provided for
informational purposes only and does not constitute legal advice and should not be considered legal opinion; and
(b) neither the End User Agreement nor any Material provided by Provider purport to reflect the totality of the
End User’s legal obligations with respect to the procurement and use of Consumer Reports. Provider may
provide administrative services on behalf of End User and as directed by End User to assist End User with
providing and collecting the appropriate Materials. End User understands that this service is purely
administrative and clerical, and Provider does not make any representation or warranty regarding this
administrative service, except that Provider will provide the Material as directed in the Compliance Packet.
iii. Adjudication. End User understands that Provider’s Risk Reduction Technology (adjudication scoring), if
provided, is solely as a convenience to End User. Provider may score Consumer Reports based on criteria
established and provided by End User (“Criteria”). Provider makes no representation regarding the legality or
appropriateness of the Criteria. Adjudication services rendered by Provider are purely clerical in nature and shall
be performed by Provider on behalf of End User. All decisions, including hiring, contracting, site access,
promotion or otherwise, are made solely by the End User and not by Provider. End User shall ensure all statuses
are appropriately reviewed and changed, in particular any “Needs Review” will be appropriately changed within
thirty (30) days.
c. End User. End User represents that it has or will consult with its own legal or other counsel regarding all
obligations under the FCRA or other laws, including (1) required notices and forms and to ensure that End User is
complying with any and all applicable federal, state, and local law or regulation; (2) overall screening program
compliance; and (3) the use of background screening information, including but not limited to, the legality of
using or relying on reported information. End User agrees that it is solely responsible for having adequate and
legally compliant Materials/documents under applicable laws.
d. EXCEPT AS SPECIFICALLY STATED HEREIN, NO ORAL OR WRITTEN INFORMATION OR ADVICE NOR ANYTHING
CONTAINED HEREIN SHALL CREATE A WARRANTY, AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH RESPECT TO THE ACCURACY, VALIDITY, COMPLETENESS OR BREADTH AND DEPTH OF ANY
INFORMATION PRODUCTS OR CONSUMER REPORTS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES, CONDITIONS MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT OR NON-INFRINGEMENT OF THIRD PARTY.
8. END USER REPRESENTATIONS AND OBLIGATIONS. Any capitalized term in this Section shall have the meaning as
contemplated in the FCRA.
a. Legal Compliance. End User shall comply with and will not violate any applicable federal, state, local and
international laws and regulations applicable to End User in connection with its procurement and use of the
Consumer Reports furnished by Provider, including but not limited to the FCRA, the Driver’s Privacy Protection Act
(18USC § 2721 et seq., “DPPA”), the Gramm-Leach-Bliley Act, Title VII of the Civil Rights Act of 1964h, State and
Federal EEOC compliance, the Americans with Disabilities Act (42 USC § 12101 et seq.), PIPEDA, the European
General Data Protection Regulation (EU 2016/679, “GDPR”) or any local ordinances.
b. FCRA Certifications.
i. Permissible Purpose. End User hereby certifies that it has a permissible purpose under the FCRA to obtain the
Consumer Report and that the Consumer Report will only be used for the following permissible purpose and
certifies it will not be used for any other purpose.
1. End User’s permissible purpose is employment purposes, as defined in the FCRA, including evaluating a
Consumer for employment, promotion, reassignment or retention as an employee. 137
ii. Disclosure and Authorizations. Prior to End User requesting a Consumer Report and/or Investigative Consumer
Report for employment purposes, End User certifies that for every Consumer Report:
1. a clear and conspicuous disclosure will be provided to the Consumer before the report may be obtained for
employment purposes, in a document that consists solely of the disclosure, and such disclosure comports with
all the requirements identified in the FCRA as well as any applicable state or local laws;
2. the Consumer has authorized in writing the procurement of the report by Provider; and
3. the information from the report will not be used in violation of any applicable federal or state equal
employment opportunity law or regulation;
4. the report will not be ordered prior to the time allowed under any applicable federal, state or local restriction,
commonly referred to as “ban-the-box” laws.
iii. Pre-Adverse Action. End User further certifies if it wants to deny the Consumer employment or otherwise take any
adverse action, based in whole or in part on the information or products provided by Provider, End User will comply
with the FCRA and will:
1. Before taking any adverse action, provide the Consumer with (a) a pre-adverse action notice, which includes
Provider’s information; (b) a copy of the Consumer Report; (c) description in writing, of the rights of the
Consumer entitled: “A Summary of Your Rights Under the Fair Credit Reporting Act”; (d) any state, local or
industry specific notices or requirements.
2. Before taking any final adverse action, End User will give the Consumer reasonable time, after the copy of the
report and FCRA Summary of Rights have been delivered, to dispute the accuracy and completeness of the
information in the Consumer Report and will comply with all applicable laws.
iv. Adverse Action. If End User decides, after waiting the appropriate waiting period, to take adverse action with
respect to the Consumer, End User certifies it will send the Consumer notice of the adverse action taken, including
the statutorily required notices identified in section 615 of the FCRA, including (1) the name, address, and phone
number of Provider, (2) a statement that Provider did not make any decision to the adverse action and cannot give
any specific reasons for it, (3) a notice that the Consumer has the right to dispute the accuracy or completeness of
the information contained in the Consumer Report, and (4) to obtain a free copy of the Consumer Report from
Provider within sixty (60) days.
v. Investigative Consumer Report. End User further certifies that it will comply with FCRA §606 et seq. and will not
request an Investigative Consumer Report as defined by the FCRA (report containing information on Consumer’s
character, general reputation, personal characteristics, or mode of living through personal interviews), unless:
1. It is clearly and accurately disclosed to the Consumer that an Investigative Consumer Report including
information as to his character, general reputation, personal characteristics and/or mode of living may be
made, and such disclosure is made in writing and includes a statement informing the Consumer of his rights to
request additional disclosures of the nature and scope of the investigation and a written summary of rights;
and
2. In addition to the disclosure requirements identified above, if the Consumer makes a written request within a
reasonable amount of time End User will provide: (1) information about whether an Investigative Consumer
Report has been requested; (2) if an Investigative Consumer Report has been requested, written disclosure of
the nature and scope of the investigation requested; and (3) Provider’s contact information, including
complete address and toll-free telephone number. This information will be provided to the Consumer no later
than five (5) days after the request for such disclosure was received from the Consumer or such report was
first requested, whichever is the latter.
vi. Continuing Certification. End User certifies that each and every time it places an order or requests a Consumer
Report regardless of the ordering method, it is at the time of that order reaffirming its certifications contained in
the foregoing sections (i)-(v).
c. State Certifications. If applicable, End User agrees to the following: 138
i. California Requirements. End User hereby certifies that it will comply with the Investigative Consumer Reporting
Agencies Act (“ICRA”), California Civil Code Sections 1786 et seq., the Consumer Credit Reporting Agencies Act
(“CCRAA”), and California Civil Code Sections 1785.1 et seq. if the End User is located in the State of California,
and/or the End User’s request for and/or use of information products pertains to a California resident or worker.
ii. Vermont Certification. If End User is a user of Vermont Consumer Reports, End User certifies that it will comply
with the applicable provisions of Vermont law, including without limitation, Section 2480e of the Vermont Fair
Credit Reporting Statute.
d. Acknowledgment. End User certifies that it has received a copy of the Notice to Users of Consumer Reports (16 C.F.R.
Part 601, Appendix C), as provided in Exhibit B, and agrees to abide by the requirements therein (either directly or
through End User third party vendors), or the most current version issued by the Consumer Financial Protection
Bureau (“CFPB”). End User further certifies it has received a copy of the Summary of Consumer’s Rights under the
FCRA (16 C.F.R. Part 601, Appendix A), as provided in Exhibit C, and End User agrees to provide a copy, or the most
current version issued by the CFPB, to the Consumer when required under applicable law.
e. General Obligations for the use and security of Consumer Reports.
i. End User agrees that data obtained from Public Records and contained in a Consumer Report may not be used to
threaten, intimidate, harass, or injure any individual, including sex offender registrants or family members.
ii. End User agrees not to resell, sub-license, deliver, display or otherwise distribute any of the information products
as described in the Description of Service or as otherwise addressed herein, whether alone, in conjunction with
End User own data, or otherwise, except as required by law or as consented to by the Consumer.
iii. End User agrees that it shall use the Consumer Reports for a one-time use, shall hold the report in strict
confidence, and will not disclose it to any third parties that are not involved in the employment decision, except if
required by law or other legal responsibility; however, End User may share the Consumer Report or portions
thereof with a third party for legal, contractual or audit requirement provided End User has disclosed to Consumer
that the report may be shared and the Consumer has authorized End User to do so. End User must obtain a
certification from the third party that the third party will comply with applicable laws and any data, storage or
confidentiality provisions contained herein prior to disclosing the Consumer Report.
iv. End User shall make commercially reasonable efforts to ensure that its designated and authorized users shall not
attempt to obtain any Consumer Reports on themselves, associates, or any other person except in the exercise of
their official duties.
v. End User agrees to maintain copies of any written authorizations obtained by End User for at least five (5) years.
vi. End User understands that anyone who knowingly and willfully obtains information on a Consumer from a
Consumer Reporting Agency under false pretenses shall be fined under Title 18, United States Code, imprisoned
for not more than two (2) years, or both.
f. Specific Product Requirements.
i. Requirements for Motor Vehicle Reports (MVRs) and Driving Record. If applicable, End User hereby certifies that
Motor Vehicle Reports and/or Driving Records (“MVRs”) shall only be ordered in strict compliance with the Driver
Privacy Protection Act (“DPPA”, at 18 U.S.C. § 2721 et seq.) and any related state laws. END USER further certifies
that no MVRs shall be ordered without first obtaining the written consent of the Consumer to obtain MVRs.
ii. Requirements for Statewide/National Criminal Repository. In accordance with federal and state laws, End User
agrees that if End User seeks to use a statewide criminal repository or national criminal search, and that report
contains any adverse information, End User agrees to permit Provider to conduct a county level search to obtain
the most up to date information. The information contained in statewide and national criminal repositories may
not be complete, up-to-date, or accurate. Provider does not guarantee, warrant or assume any responsibility for
the completeness, accuracy, or validity of the information contained in the statewide or national criminal
repository. 139
iii. International Records and Searches. End User understands that searches may be conducted through the services
of a third-party international researcher, and by ordering such component, End User is hereby consenting to the
use of the international researcher. Provider cannot be the insurer or guarantor of the accuracy of the
information reported. End User therefore releases Provider and its affiliated companies, officers, agents, and
employees from any liability in connection with erroneous information received as a result of any Non-US search,
except to the extent it was directly caused by the gross negligence or willful misconduct of Provider.
iv. DBS/DS/ANI. Where End User requests Provider to supply Information which Provider sources from the UK’s
Disclosure & Barring Service (“DBS”), Disclosure Scotland (“DS”) and/or AccessNI (“ANI”), End User undertakes
that, to the extent required of End User under applicable laws, it will: (i) observe and fully comply with the DBS /
DS / ANI Code of Practice; (ii) only request the standard, enhanced or PVG checks for roles that meet the
appropriate legislation; (iii) make all Consumers aware of the DBS / DS / ANI Code of Practice at the start of the
recruitment process and make a copy available to any Consumer on request; (iv) have a satisfactory written policy
on the recruitment of ex-offenders and issue a copy of that policy to all Consumers at the start of the recruitment
process; (v) include a statement on its application forms or accompanying documentation that DBS / DS / ANI
information on the Consumer will be requested in the event of the Consumer being offered a position; (vi) include
a statement on its application forms or accompanying documentation that a criminal record will not necessarily be
a bar to obtaining a position; (vii) have a written policy on the secure storage, handling, retention and disposal of
information which Accurate sources from the DBS / DS / ANI; (viii) ensure that identity validation of Consumers is
undertaken in accordance with DBS / DS / ANI guidelines; (ix) confirm that Provider or its data suppliers play no
part in the recruitment decision; (x) assist Provider with any audit by DBS and/or will otherwise ensure that the
End User is complying fully with the DBS / DS / ANI Code of Practice.
v. Data Sources. Notwithstanding anything contrary in the Agreement, the data sources which make up the
Services have been created and are maintained by others, including various data suppliers, the department of
motor vehicles, employers, educational institutions, individual references or state and federal courts and other
agencies which are not under the control of Provider. Therefore, Provider cannot guarantee that the information
provided from these sources is absolutely accurate or current. Responsibility for the accuracy and the currency of
the data rests solely with the various state agencies, data suppliers and other contributors who create and
maintain said data sources. Provider utilizes Transunion, Equifax, Themis, and The Work Number as data
suppliers for certain criminal, credit and employment components of the Consumer Report. In order to receive the
data provided by these data providers, End User agrees to hold harmless and waive any claims against The Work
Number, Transunion, Equifax, Themis and any future Provider data supplier relating to the accuracy or currency of
the information contained in the data sources.
vi. Privacy. The Parties agree to the following:
1. End User agrees, to the extent that End User receives personal data from Provider which Provider has
transferred, transfers, or causes or caused to be transferred to the United States from a third country with
enhanced data protection laws, End User, in addition to complying with applicable law, shall: (1) use such
personal data for the permissible purpose to which is has certified and in accordance with the terms of the
notice provided to, and the consent obtained from, the individual to whom the personal data pertains; (2)
take reasonable and appropriate measures to protect such personal data from loss, misuse and unauthorized
access, disclosure, alteration and destruction, taking into due account the risks involved in the use of the data
and the nature of the personal data; (3) use such personal data only in ways that are compatible with the
purposes for which it has been collected or subsequently authorized by the individual; (4) provide individuals
with access to such personal data and afford them the opportunity to correct, amend, or delete such personal
data, except where the burden or expense of providing access would be disproportionate to the risks to the
individual’s privacy in the case in question, or where the rights of persons other than the individual would be
violated; and (5) notify Provider if End User subsequently determines that it can no longer meet the
aforementioned obligations and, in such case, shall either cease using the personal data or take other
reasonable and appropriate steps to remediate the situation which prompted End User to provide such notice
to Provider.
2. To the extent that Provider, acting as a processor/agent for End User, receives personal data from End User
that End User has transferred, transfers or causes to be transferred from a third country with enhanced data
protection laws for Provider to process under the Agreement, Provider shall (1) process such personal data 140
only for the limited and specified purpose of carrying out its obligations under the Agreement as instructed by
End User and otherwise as required by applicable law, (2) take reasonable and appropriate measures to
protect such personal data from loss, misuse and unauthorized access, disclosure, alteration and destruction,
taking into due account the risks involved in the use of the data and the nature of the personal data (3)
cooperate with reasonable and appropriate steps by End User to ensure that Provider is processing the data
consistent with End User’s instructions under the applicable data protection laws, and (4) will notify End User
if Provider subsequently determines it can no longer meet the obligations contained herein and will either
cease processing the personal data or take other reasonable and appropriate steps to remediate the situation
which prompted Provider to provide such notice to End User.
3. Data Protection. If End User places an order for personal data which must be transferred from a European
Union member state, European Economic Area member state, Switzerland, or the United Kingdom, End
User confirms and agrees that Provider is a “Processor” with respect to the personal data collected and
processed at its discretion as the data “Controller.” End User further agrees to use reasonable and
adequate technical and organizational security measures to safeguard the information. In order to
adduce adequate safeguards with respect to the protection of data, the Parties agree to the provisions
specified in Exhibit D –Standard Contractual Clauses (Processors to Controllers) as well as the
International Data Privacy Addendum to the EU Commission Standard Contractual Clauses (Attachment
1) and the Switzerland Data Protection Adaptation to the EU Commission Standard Contractual Clauses
(Attachment 2).
g. Non-standard Processing. End User has requested customized searches, products, and services beyond Accurate’s
standard product offerings (“Special Processing Services”). Descriptions and terms of Special Processing Services
requested by End User are detailed in the Special Processing Services Exhibit.
9. INDEMNIFICATION.
a. End User shall indemnify, defend and hold harmless Provider, its successors and assigns, officers, directors,
employees, agents, vendors, credit bureaus and suppliers from and against any and all third-party claims, suits,
proceedings, damages, costs, expenses (including without limitation reasonable attorneys’ fees and court costs)
arising from: i) End User’s negligence, willful misconduct or intentional wrongdoing; ii) End User’s violation of any of
its responsibilities under any applicable federal, state or local law, ordinance or regulation or the End User’s
application of any law or legal interpretation thereof; iii) End User’s Materials provided in connection with the
Services under this Agreement; iv) the scope and comprehensiveness of the Consumer Report being requested; and
v) End User’s breach of any of its representations, warranties or certifications made in this Agreement, which may
include Amendments thereto.
b. Provider shall indemnify, defend and hold harmless End User, its successors and assigns, officers, directors, and
employees, from third party claims, suits, proceedings, damages, costs, expenses (including without limitation
reasonable attorneys’ fees and court costs) arising from: i) Provider’s willful misconduct or intentional wrong doing in
the performance of its Services; and ii) any claim that the Provider’s Services infringe or misappropriate any
intellectual property right of third party.
c. The Parties’ intend for the indemnity obligations set forth above to apply even if a claim or loss arises in part by the
Indemnified Party. In such event the Indemnifying Party’s obligations shall be reduced in proportion to the
contributing willful misconduct, negligence or other contributing fault of the Indemnified Party.
d. The Indemnified Party shall give Indemnifying Party prompt written notice (a “Claim Notice”) of any losses or discovery
of facts on which Indemnified Party intends to base a request for indemnification. Indemnified Party’s failure to
provide a Claim Notice to Indemnifying Party does not relieve Indemnifying Party of any liability that Indemnifying
Party may have to Indemnified Party except to the extent the Indemnifying Party is directly prejudiced as a result of
the Indemnified Party’s failure to give Claim Notice. Each Claim Notice must contain a description of the third-party
claim and the nature and amount of the related losses (to the extent that the nature and amount of the losses are
known at the time). Indemnified Party shall furnish promptly to Indemnifying Party copies of all papers and official
documents received in respect of any losses. The Indemnifying Party will have control over the defense and
settlement of any claim with counsel of its own choosing which is acceptable to the Indemnified Party, whose consent
shall not be unreasonably withheld. The Indemnified Party shall have the right to participate, at its own expense and 141
with counsel of its choice, in the defense of any claim or suit that has been assumed by the Indemnifying Party. The
Indemnified Party shall reasonably cooperate with the Indemnifying Party, at the Indemnifying Party’s expense, in the
defense of the claim. The Indemnifying Party shall not settle or compromise any claim which requires a finding or
admission of fault without the prior written consent of the Indemnified Party, whose consent shall not be
unreasonably withheld.
10. LIMITATION OF LIABILITY.
a. TO THE FULLEST EXTENT UNDER APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOST REVENUES,
INCOME, OPPORTUNITY, OR PROFIT) ARISING FROM PROVIDER SERVICES. WHETHER ARISING IN CONTRACT, TORT OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b. PROVIDER’S AGGREGATE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT PAID BY END USER TO PROVIDER FOR
THE SERVICES PERFORMED OVER THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11. MISCELLANEOUS.
a. Notices. Any notices relating to this Agreement must be in writing. Notice to the Parties will be sent to the Parties’
respective principal business offices via private mail courier service, or registered or certified mail, postage prepaid,
and will be deemed given on the date of delivery. Notices may be sent via email for expedited delivery, but a copy
must also be sent using one of the afore-mentioned methods. Emails to Provider may be sent to
legal@accurate.com. Emails to End User should be sent to humanresources@bozeman.net.
b. Governing Law. This Agreement is entered into in the State of California and shall be governed by and construed
according to the laws of the State of California without regard to any conflict of law provision. Any claims or
proceedings shall be brought only in the State or Federal Courts sitting in Orange County, California and each Party
consents to the exclusive jurisdiction of such court.
c. Force Majeure. Neither Party is responsible for any events or circumstances beyond its control (e.g., including but not
limited to war, riots, embargoes, strikes, acts of God, states of emergency, and/or public health crises) that prevent it
from meeting its obligations under this Agreement.
d. Interpretation. This Agreement shall be construed as if it were jointly prepared. Both Parties agree that this
Agreement constitutes all conditions of service, present and future. Changes to these conditions may be made only
by mutual written consent of an authorized representative of End User and an officer of Provider. The headings of
each section shall have no effect upon the construction or interpretation of any part of this Agreement.
e. Entire Agreement. This Agreement (which shall include all current and future exhibits hereto) and Scope of Work, if
any, embodies the entire understanding between Provider and End User with respect to the subject matter hereof
and supersedes any and all prior understandings and agreements, oral or written relating thereto. If there are any
conflicts between this Agreement and any Scope of Work, the terms and provisions in this Agreement shall prevail
unless stated otherwise in the Scope of Work.
f. Amendment. This Agreement may only be amended, modified or updated by mutual agreement of the Parties.
Unless otherwise provided for in the relevant pricing exhibit or Scope/Statement of Work, Provider may change
the price of the Service(s) with thirty (30) days written notice to End User. End User’s use of the Service(s) after
such thirty (30) day period shall constitute its agreement to such change(s), without prejudice to its right to
terminate this Agreement as otherwise provided in this Agreement.
g. Assignment. Neither Party shall assign this Agreement or any interest herein or allow the same to be assigned by
operation of law or otherwise without the prior written consent of the other Party; provided however, Provider may
transfer or assign this Agreement to any of its Affiliates or successor of all or substantially all of the assets of such
Party through merger, reorganization, consolidation or acquisition. Any attempted assignment, transfer or other
142
conveyance in violation of the foregoing shall be null and void. This Agreement shall be binding upon and shall inure
to the benefit of the Parties hereto and their respective successors and permitted assigns.
h. Attorney’s Fees. The prevailing party in any action to enforce the terms of this Agreement shall be entitled to an
award of reasonable attorneys’ fees and costs. End User’s obligation to pay invoiced amounts is not subject to any
offset, defense, or counterclaim.
i. Waiver. No delay or omission by either Party in exercising any right, power or remedy hereunder or otherwise
afforded by contract, at law, in equity or by statute, shall constitute an acquiescence therein, impair any other right,
power or remedy hereunder, or otherwise afforded by contract, at law in equity or by statute, or operate as a waiver
of such right, power or remedy.
j. Severability. If any one or more of the provisions contained in this Agreement or any applicable Participation
Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such validity, illegality or
unenforceability shall not affect any other provision of this Agreement or any applicable Participation Agreement, but
it shall be construed as if such invalid, illegal or unenforceable provision had never been contained in the applicable
Agreement or Participation Agreement.
k. Relationship of the Parties. It is understood and agreed to by the Parties that they are independent entities, and
nothing contained herein, or any Addendum hereto, shall be construed as creating a joint venture, partnership,
licensor-licensee, principal-agent, master-servant, employer-employee, mutual agency relationship or association
between or among the Parties.
l. Electronic Signature. This Agreement may be executed through the use of electronic signature, which each party
acknowledges is a lawful means of obtaining signatures. Each party agrees that its electronic signature is the legal
equivalent of its manual signature on this Agreement.
m. Survival of Terms. The rights and obligations of the Parties which by their nature survive, shall survive this
Agreement. Specifically, all obligations to indemnify a Party shall survive the termination or expiration of this
Agreement and any security or confidentiality provisions.
THE REMAINING PORTION OF THIS PAGE IS INTENTIONALLY LEFT BLANK
143
IN WITNESS WHEREOF, the Parties executed this End User Agreement on the dates indicated below.
City of Bozeman
“End User” (Company Name)
Accurate Background, LLC
“Provider”
Signature: [riotqf4_____________________]
Signature: [pm2xi0e_____________________]
Name: [yupikmg_____________________]
Name: [5vb7w7o_____________________]
Title: [1qej5xk_____________________]
Title: [ftte0n4_____________________]
Date: [qtqswvq_________]
Date: [y3yq5lv_________]
144
Exhibit A – Access Security and Data Disposal Requirements
For the purposes of this Exhibit, the term “Authorized User” means an End User employee that the End User has authorized to
order and/or access the Services and who is trained on the End User obligations under this Agreement with respect to the
ordering and use of the Services.
With respect to handling Consumer Reports from Provider, End User will:
1. Ensure that only Authorized User can order or have access to the Services. Any hard copies are securely stored in a
locked cabinet. Each Authorized User must have his own individual and unique login to access the Services.
2. Ensure that Authorized Users do not order Consumer Reports for personal reasons or provide them to any third party
except as permitted by the Agreement.
3. Ensure that all devices used by End User to order or access the Services are accessible only by Authorized Users, and
that such devices are secured when not in use through such means as screen locks, shutting power controls off, or
other commercially reasonable security procedures.
4. Take all necessary measures to prevent unauthorized ordering of or access to the Services by any person other than an
Authorized User for permissible purposes, including, without limitation, limiting the knowledge of the user IDs, and
any passwords End User may use, to those individuals with a need to know.
5. If End User electronically sends, transfers or ships any Consumer Reports, End User shall encrypt the Consumer Report
using the following minimum standards, which standards may be modified from time to time by End User: Advanced
Encryption Standard (AES), minimum 128-bit key, encrypted algorithms.
6. Monitor compliance with the obligations of this Agreement, and immediately notify Provider if End User suspects or
knows of any unauthorized access or attempt to access the Services, including, without limitation, a review of each
End User invoice for the purpose of detecting any unauthorized activity.
7. Use commercially reasonable efforts to assure data security when disposing of Consumer Reports or records obtained
from Provider. Such efforts must include the use of those procedures issued by the federal regulatory agency charged
with oversight of End User activities (e.g. the Federal Trade Commission) applicable to the disposal of Consumer
information or records. End User will either shred or otherwise permanently destroy all hard copies of Consumer
Reports when no longer needed. End User will erase and overwrite or scramble any electronic files containing any
Consumer Reports and Consumer information when no longer needed and in accordance with applicable laws.
145
EXHIBIT B – Notice to Users of Consumer Reports
All users of consumer reports must comply with all applicable regulations. Information about applicable
regulations currently in effect can be found at the Consumer Financial Protection Bureau’s website,
www.consumerfinance.gov/learnmore.
NOTICE TO USERS OF CONSUMER REPORTS:
OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681-1681y, requires that this notice be provided to inform users
of consumer reports of their legal obligations. State law may impose additional requirements. The text of the FCRA is set
forth in full at the Consumer Financial Protection Bureau’s (CFPB) website at www.consumerfinance.gov/learnmore. At the
end of this document is a list of United States Code citations for the FCRA. Other information about user duties is also
available at the CFPB’s website. Users must consult the relevant provisions of the FCRA for details about their
obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer
reports. The subsequent sections discuss the duties of users of reports that contain specific types of information, or that
are used for certain purposes, and the legal consequences of violations. If you are a furnisher of information to a
consumer reporting agency (CRA), you have additional obligations and will receive a separate notice from the CRA
describing your duties as a furnisher.
I. OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS
A. Users Must Have a Permissible Purpose
Congress has limited the use of consumer reports to protect consumers’ privacy. All users must have a
permissible purpose under the FCRA to obtain a consumer report. Section 604 contains a list of the permissible purposes
under the law. These are:
• As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
• As instructed by the consumer in writing. Section 604(a)(2)
• For the extension of credit as a result of an application from a consumer, or the review or collection of a
consumer’s account. Section 604(a)(3)(A)
• For employment purposes, including hiring and promotion decisions, where the consumer has given written
permission. Sections 604(a)(3)(B) and 604(b)
• For the underwriting of insurance as a result of an application from a consumer. Section 604(a)(3)(C)
• When there is a legitimate business need, in connection with a business transaction that is initiated by the
consumer. Section 604(a)(3)(F)(i)
• To review a consumer’s account to determine whether the consumer continues to meet the terms of the
account. Section 604(a)(3)(F)(ii)
• To determine a consumer’s eligibility for a license or other benefit granted by a governmental instrumentality
required by law to consider an applicant’s financial responsibility or status. Section 604(a)(3)(D)
• For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or
prepayment risks associated with an existing credit obligation. Section 604(a)(3)(E)
• For use by state and local officials in connection with the determination of child support payments, or
modifications and enforcement thereof. Sections 604(a)(4) and 604(a)(5)
In addition, creditors and insurers may obtain certain consumer report information for the purpose of making
“prescreened” unsolicited offers of credit or insurance. Section 604(c). The particular obligations of users of “prescreened”
information are described in Section VII below.
B. Users Must Provide Certifications 146
Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA)
unless the person has certified to the CRA the permissible purpose(s) for which the report is being obtained and certifies
that the report will not be used for any other purpose.
C. Users Must Notify Consumers When Adverse Actions Are Taken
The term “adverse action” is defined very broadly by Section 603. “Adverse actions” include all business, credit,
and employment actions affecting consumers that can be considered to have a negative impact as defined by Section
603(k) of the FCRA – such as denying or canceling credit or insurance, or denying employment or promotion. No
adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer.
1. Adverse Actions Based on Information Obtained From a CRA
If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information
contained in a consumer report, Section 615(a) requires the user to notify the consumer. The notification may be done in
writing, orally, or by electronic means. It must include the following:
• The name, address, and telephone number of the CRA (including a toll-free telephone number, if it is a
nationwide CRA) that provided the report.
• A statement that the CRA did not make the adverse decision and is not able to explain why the decision was
made.
• A statement setting forth the consumer’s right to obtain a free disclosure of the consumer’s file from the CRA if
the consumer makes a request within 60 days.
• A statement setting forth the consumer’s right to dispute directly with the CRA the accuracy or completeness
of any information provided by the CRA.
2. Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting
Agencies
If a person denies (or increases the charge for) credit for personal, family, or household purposes based either
wholly or partly upon information from a person other than a CRA, and the information is the type of consumer information
covered by the FCRA, Section 615(b)(1) requires that the user clearly and accurately disclose to the consumer his or her
right to be told the nature of the information that was relied upon if the consumer makes a written request within 60 days
of notification. The user must provide the disclosure within a reasonable period of time following the consumer’s written
request.
3. Adverse Actions Based on Information Obtained From Affiliates
If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the
consumer, based on information of the type covered by the FCRA, and this information was obtained from an entity
affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the user to notify the
consumer of the adverse action. The notice must inform the consumer that he or she may obtain a disclosure of the nature
of the information relied upon by making a written request within 60 days of receiving the adverse action notice. If the
consumer makes such a request, the user must disclose the nature of the information not later than 30 days after
receiving the request. If consumer report information is shared among affiliates and then used for an adverse action, the
user must make an adverse action disclosure as set forth in I.C.1 above.
D. Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identify theft, or an active duty military alert
with a nationwide consumer reporting agency as defined in Section 603(p) and resellers, Section 605A(h) imposes
limitations on users of reports obtained from the consumer reporting agency in certain circumstances, including the
establishment of a new credit plan and the issuance of additional credit cards. For initial fraud alerts and active duty alerts,
the user must have reasonable policies and procedures in place to form a belief that the user knows the identity of the
applicant or contact the consumer at a telephone number specified by the consumer; in the case of extended fraud alerts,
the user must contact the consumer in accordance with the contact information provided in the consumer’s alert.
E. Users Have Obligations When Notified of an Address Discrepancy
Section 605(h) requires nationwide CRAs, as defined in Section 603(p), to notify users that request reports when 147
the address for a consumer provided by the user in requesting the report is substantially different from the addresses in
the consumer’s file. When this occurs, users must comply with regulations specifying the procedures to be followed.
Federal regulations are available at www.consumerfinance.gov/learnmore.
F. Users Have Obligations When Disposing of Records
Section 628 requires that all users of consumer report information have in place procedures to properly dispose of
records containing this information. Federal regulations have been issued that cover disposal.
II. CREDITORS MUST MAKE ADDITIONAL DISCLOSURES
If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of,
credit to a consumer on material terms that are materially less favorable than the most favorable terms available to a
substantial proportion of consumers from or through that person, based in whole or in part on a consumer report, the
person must provide a risk-based pricing notice to the consumer in accordance with regulations prescribed by the CFPB.
Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real
property (one to four units) and that use credit scores. These persons must provide credit scores and other information
about credit scores to applicants, including the disclosure set forth in Section 609(g)(1)(D) (“Notice to the Home Loan
Applicant”).
III. OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR EMPLOYMENT PURPOSES
A. Employment Other Than in the Trucking Industry
If the information from a CRA is used for employment purposes, the user has specific duties, which are set forth in
Section 604(b) of the FCRA. The user must:
• Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document
that consists solely of the disclosure, that a consumer report may be obtained.
• Obtain from the consumer prior written authorization. Authorization to access reports during the term of
employment may be obtained at the time of employment.
• Certify to the CRA that the above steps have been followed, that the information being obtained will not be
used in violation of any federal or state equal opportunity law or regulation, and that, if any adverse action is
to be taken based on the consumer report, a copy of the report and a summary of the consumer’s rights will
be provided to the consumer.
• Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the
summary of consumer’s rights. (The user should receive this summary from the CRA.) A Section 615(a)
adverse action notice should be sent after the adverse action is taken.
An adverse action notice also is required in employment situations if credit information (other than transactions
and experience data) obtained from an affiliate is used to deny employment. Section 615(b)(2)
The procedures for investigative consumer reports and employee misconduct investigations are set forth below.
B. Employment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the consumer and the potential employer
is by mail, telephone, or computer. In this case, the consumer may provide consent orally or electronically, and an
adverse action may be made orally, in writing, or electronically. The consumer may obtain a copy of any report relied
upon by the trucking company by contacting the company.
IV. OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED
Investigative consumer reports are a special type of consumer report in which information about a consumer’s
character, general reputation, personal characteristics, and mode of living is obtained through personal interviews by an
entity or person that is a consumer reporting agency. Consumers who are the subjects of such reports are given special
rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 requires the following:
• The user must disclose to the consumer that an investigative consumer report may be obtained. This must be 148
done in a written disclosure that is mailed, or otherwise delivered, to the consumer at some time before or not
later than three days after the date on which the report was first requested. The disclosure must include a
statement informing the consumer of his or her right to request additional disclosures of the nature and scope
of the investigation as described below, and the summary of consumer rights required by Section 609 of the
FCRA. (The summary of consumer rights will be provided by the CRA that conducts the investigation.) • The user must certify to the CRA that the disclosures set forth above have been made and that the user will
make the disclosure described below.
• Upon the written request of a consumer made within a reasonable period of time after the disclosures
required above, the user must make a complete disclosure of the nature and scope of the investigation. This
must be made in a written statement that is mailed or otherwise delivered, to the consumer no later than five
days after the date on which the request was received from the consumer or the report was first requested,
whichever is later in time.
V. SPECIAL PROCEDURES FOR EMPLOYEE INVESTIGATIONS
Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for
compliance with Federal, state or local laws and regulations or the rules of a self-regulatory organization, and compliance
with written policies of the employer. These investigations are not treated as consumer reports so long as the employer or
its agent complies with the procedures set forth in Section 603(x), and a summary describing the nature and scope of the
inquiry is made to the employee if an adverse action is taken based on the investigation.
VI. OBLIGATIONS OF USERS OF MEDICAL INFORMATION
Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other than
payment information that appears in a coded form that does not identify the medical provider). If the information is to be
used for an insurance transaction, the consumer must give consent to the user of the report or the information must be
coded. If the report is to be used for employment purposes – or in connection with a credit transaction (except as provided
in federal regulations) – the consumer must provide specific written consent and the medical information must be relevant.
Any user who receives medical information shall not disclose the information to any other person (except where necessary
to carry out the purpose for which the information was disclosed, or as permitted by statute, regulation, or order).
VII. OBLIGATIONS OF USERS OF “PRESCREENED” LISTS
The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with
unsolicited offers of credit or insurance under certain circumstances. Sections 603(1), 604(c), 604(e), and 615(d). This
practice is known as “prescreening” and typically involves obtaining from a CRA a list of consumers who meet certain
preestablished criteria. If any person intends to use prescreened lists, that person must (1) before the offer is made,
establish the criteria that will be relied upon to make the offer and to grant credit or insurance, and (2) maintain such
criteria on file for a three-year period beginning on the date on which the offer is made to each consumer. In addition, any
user must provide with each written solicitation a clear and conspicuous statement that:
• Information contained in a consumer’s CRA file was used in connection with the transaction. • The consumer received the offer because he or she satisfied the criteria for credit worthiness or insurability
used to screen for the offer.
• Credit or insurance may not be extended if, after the consumer responds, it is determined that the consumer
does not meet the criteria used for screening or any applicable criteria bearing on credit worthiness or
insurability, or the consumer does not furnish required collateral.
• The consumer may prohibit the use of information in his or her file in connection with future prescreened
offers of credit or insurance by contacting the notification system established by the CRA that provided the
report. The statement must include the address and toll-free telephone number of the appropriate notification
system.
In addition, the CFPB has established the format, type size, and manner of the disclosure required by Section
615(d), with which users must comply. The relevant regulation is 12 CFR 1022.54.
VIII. OBLIGATIONS OF RESELLERS
A. Disclosure and Certification Requirements 149
Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:
• Disclose the identity of the end-user to the source CRA.
• Identify to the source CRA each permissible purpose for which the report will be furnished to the end-user.
• Establish and follow reasonable procedures to ensure that reports are resold only for permissible purposes,
including procedures to obtain:
(1) the identity of all end-users;
(2) certifications from all users of each purpose for which reports will be used; and
(3) certifications that reports will not be used for any purpose other than the purpose(s) specified to the
reseller. Resellers must make reasonable efforts to verify this information before selling the report.
B. Reinvestigations by Resellers
Under Section 611(f), if a consumer disputes the accuracy or completeness of information in a report prepared by
a reseller, the reseller must determine whether this is a result of an action or omission on its part and, if so, correct or
delete the information. If not, the reseller must send the dispute to the source CRA for reinvestigation. When any CRA
notifies the reseller of the results of an investigation, the reseller must immediately convey the information to the
consumer.
C. Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting
agency to include these in their reports.
IX. LIABILITY FOR VIOLATIONS OF THE FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as
well as private lawsuits. Sections 616, 617, and 621. In addition, any person who knowingly and willfully obtains a
consumer report under false pretenses may face criminal prosecution. Section 619.
The CFPB’s website, www.consumerfinance.gov/learnmore, has more information about the FCRA, including publications
for businesses and the full text of the FCRA.
Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1681 et seq.:
Section 602 15 U.S.C. 1681
Section 603 15 U.S.C. 1681a
Section 604 15 U.S.C. 1681b
Section 605 15 U.S.C. 1681c
Section 605A 15 U.S.C. 1681cA
Section 605B 15 U.S.C. 1681cB
Section 606 15 U.S.C. 1681d
Section 607 15 U.S.C. 1681e
Section 608 15 U.S.C. 1681f
Section 609 15 U.S.C. 1681g
Section 610 15 U.S.C. 1681h
Section 611 15 U.S.C. 1681i
Section 612 15 U.S.C. 1681j
Section 613 15 U.S.C. 1681k
Section 614 15 U.S.C. 1681l
Section 615 15 U.S.C. 1681m
Section 616 15 U.S.C. 1681n
Section 617 15 U.S.C. 1681o
Section 618 15 U.S.C. 1681p
Section 619 15 U.S.C. 1681q
Section 620 15 U.S.C. 1681r
Section 621 15 U.S.C. 1681s
Section 622 15 U.S.C. 1681s-1
Section 623 15 U.S.C. 1681s-2
Section 624 15 U.S.C. 1681t
Section 625 15 U.S.C. 1681u 150
Section 626 15 U.S.C. 1681v
Section 627 15 U.S.C. 1681w
Section 628 15 U.S.C. 1681x
Section 629 15 U.S.C. 1681y
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EXHIBIT C – Summary of Consumer’s Rights under the FCRA
Para información en español, visite www.consumerfinance.gov/learnmore o escribe a la Consumer
Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of
information in the files of consumer reporting agencies. There are many types of consumer reporting
agencies, including credit bureaus and specialty agencies (such as agencies that sell information about
check writing histories, medical records, and rental history records). Here is a summary of your major
rights under FCRA. For more information, including information about additional rights, go to
www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street
NW, Washington, DC 20552.
• You must be told if information in your file has been used against you. Anyone who uses a credit
report or another type of consumer report to deny your application for credit, insurance, or
employment – or to take another adverse action against you – must tell you, and must give you
the name, address, and phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and obtain all the information
about you in the files of a consumer reporting agency (your “file disclosure”). You will be required
to provide proper identification, which may include your Social Security number. In many cases,
the disclosure will be free. You are entitled to a free file disclosure if:
o a person has taken adverse action against you because of information in your credit
report;
o you are the victim of identity theft and place a fraud alert in your file;
o your file contains inaccurate information as a result of fraud;
o you are on public assistance;
o you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months upon request from
each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See
www.consumerfinance.gov/learnmore for additional information.
• You have the right to ask for a credit score. Credit scores are numerical summaries of your credit-
worthiness based on information from credit bureaus. You may request a credit score from
consumer reporting agencies that create scores or distribute scores used in residential real
property loans, but you will have to pay for it. In some mortgage transactions, you will receive
credit score information for free from the mortgage lender.
• You have the right to dispute incomplete or inaccurate information. If you identify information
in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the
agency must investigate unless your dispute is frivolous. See
www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
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• Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable
information. Inaccurate, incomplete, or unverifiable information must be removed or corrected,
usually within 30 days. However, a consumer reporting agency may continue to report
information it has verified as accurate.
• Consumer reporting agencies may not report outdated negative information. In most cases, a
consumer reporting agency may not report negative information that is more than seven years
old, or bankruptcies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about you
only to people with a valid need – usually to consider an application with a creditor, insurer,
employer, landlord, or other business. The FCRA specifies those with a valid need for access.
• You must give your consent for reports to be provided to employers. A consumer reporting
agency may not give out information about you to your employer, or a potential employer,
without your written consent given to the employer. Written consent generally is not required in
the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.
• You may limit “prescreened” offers of credit and insurance you get based on information in your
credit report. Unsolicited “prescreened” offers for credit and insurance must include a toll-free
phone number you can call if you choose to remove your name and address from the lists these
offers are based on. You may opt out with the nationwide credit bureaus at 1-888-567-8688.
• The following FCRA right applies with respect to nationwide consumer reporting agencies:
CONSUMERS HAVE THE RIGHT TO OBTAIN A SECURITY FREEZE
You have a right to place a “security freeze” on your credit report, which will prohibit a
consumer reporting agency from releasing information in your credit report without your
express authorization. The security freeze is designed to prevent credit, loans, and services from
being approved in your name without your consent. However, you should be aware that using a
security freeze to take control over who gets access to the personal and financial information in
your credit report may delay, interfere with, or prohibit the timely approval of any subsequent
request or application you make regarding a new loan, credit, mortgage, or any other account
involving the extension of credit.
As an alternative to a security freeze, you have the right to place an initial or extended fraud alert
on your credit file at no cost. An initial fraud alert is a 1-year alert that is placed on a consumer’s
credit file. Upon seeing a fraud alert display on a consumer’s credit file, a business is required to
take steps to verify the consumer’s identity before extending new credit. If you are a victim of
identity theft, you are entitled to an extended fraud alert, which is a fraud alert lasting 7 years.
A security freeze does not apply to a person or entity, or its affiliates, or collection agencies acting
on behalf of the person or entity, with which you have an existing account that requests
information in your credit report for the purposes of reviewing or collecting the account.
Reviewing the account includes activities related to account maintenance, monitoring, credit line
increases, and account upgrades and enhancements.
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• You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user
of consumer reports or a furnisher of information to a consumer reporting agency violates the
FCRA, you may be able to sue in state or federal court.
• Identity theft victims and active duty military personnel have additional rights. For more
information, visit www.consumerfinance.gov/learnmore.
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases,
you may have more rights under state law. For more information, contact your state or local consumer
protection agency or your state Attorney General. For information about your federal rights, contact:
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TYPE OF BUSINESS: CONTACT:
1.a. Banks, savings associations, and credit unions with
total assets of over $10 billion and their affiliates
b. Such affiliates that are not banks, savings associations,
or credit unions also should list, in addition to the CFPB:
a. Consumer Financial Protection Bureau
1700 G Street NW
Washington, DC 20552
b. Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
(877) 382-4357
2. To the extent not included in item 1 above:
a. National banks, federal savings associations, and federal
branches and federal agencies of foreign banks
b. State member banks, branches and agencies of foreign
banks (other than federal branches, federal agencies, and
Insured State Branches of Foreign Banks), commercial
lending companies owned or controlled by foreign banks,
and organizations operating under section 25 or 25A of the
Federal Reserve Act.
c. Nonmember Insured Banks, Insured State Branches of
Foreign Banks, and insured state savings associations
d. Federal Credit Unions
a. Office of the Comptroller of the Currency
Customer Assistance Group
P.O. Box 53570
Houston, TX 77052
b. Federal Reserve Consumer Help Center
P.O. Box 1200
Minneapolis, MN 55480
c. Division of Depositor and Consumer Protection
National Center for Consumer and Depositor Assistance
Federal Deposit Insurance Corporation
1100 Walnut Street, Box #11
Kansas City, MO 64106
d. National Credit Union Administration
Office of Consumer Financial Protection
1775 Duke Street
Alexandria, VA 22314
3. Air carriers Assistant General Counsel for Office of Aviation Consumer Protection
Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
4. Creditors Subject to the Surface Transportation Board Office of Public Assistance, Governmental Affairs, and Compliance
Surface Transportation Board
395 E Street SW
Washington, DC 20423
5. Creditors Subject to the Packers and Stockyards Act, 1921 Nearest Packers and Stockyards Division Regional Office
6. Small Business Investment Companies Associate Administrator, Office of Capital Access
United States Small Business Administration
409 Third Street SW, Suite 8200
Washington, DC 20416
7. Brokers and Dealers Securities and Exchange Commission
100 F Street NE
Washington, DC 20549
8. Institutions that are members of the Farm Credit System Farm Credit Administration
1501 Farm Credit Drive
McLean, VA 22102-5090
9. Retailers, Finance Companies, and All Other Creditors
Not Listed Above
Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
(877) 382-4357
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EXHIBIT D
STANDARD CONTRACTUAL CLAUSES
Processor to Controller
SECTION I
Clause 1
Purpose and scope
(a) The purpose of these standard contractual clauses is to ensure compliance with the requirements of
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of
such data (General Data Protection Regulation) (1) for the transfer of personal data to a third country.
(b) The Parties:
(i) the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter
‘entity/ies’) transferring the personal data, as listed in Annex I.A (hereinafter each ‘data
exporter’), and
(ii) the entity/ies in a third country receiving the personal data from the data exporter, directly or
indirectly via another entity also Party to these Clauses, as listed in Annex I.A (hereinafter each
‘data importer’)
have agreed to these standard contractual clauses (hereinafter: ‘Clauses’).
(c) These Clauses apply with respect to the transfer of personal data as specified in Annex I.B.
(d) The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these
Clauses.
Clause 2
Effect and invariability of the Clauses
(a) These Clauses set out appropriate safeguards, including enforceable data subject rights and effective
legal remedies, pursuant to Article 46(1) and Article 46(2)(c) of Regulation (EU) 2016/679 and, with
respect to data transfers from controllers to processors and/or processors to processors, standard
contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not
modified, except to select the appropriate Module(s) or to add or update information in the Appendix.
This does not prevent the Parties from including the standard contractual clauses laid down in these
1 Where the data exporter is a processor subject to Regulation (EU) 2016/679 acting on behalf of a Union institution or body as controller,
reliance on these Clauses when engaging another processor (sub-processing) not subject to Regulation (EU) 2016/679 also ensures
compliance with Article 29(4) of Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and
on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018,
p. 39), to the extent these Clauses and the data protection obligations as set out in the contract or other legal act between the controller
and the processor pursuant to Article 29(3) of Regulation (EU) 2018/1725 are aligned. This will in particular be the case where the
controller and processor rely on the standard contractual clauses included in Decision 2021/915.
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Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do
not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of
data subjects.
(b) These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of
Regulation (EU) 2016/679.
Clause 3
Third-party beneficiaries
(a) Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data
exporter and/or data importer, with the following exceptions:
(i) Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
(ii) Clause 8.1 (b) and Clause 8.3(b);
(iii) N/A
(iv) N/A
(v) Clause 13;
(vi) Clause 15.1(c), (d) and (e);
(vii) Clause 16(e);
(viii) Clause 18.
(b) Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.
Clause 4
Interpretation
(a) Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the
same meaning as in that Regulation.
(b) These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679.
(c) These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in
Regulation (EU) 2016/679.
Clause 5
Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the
Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 6
Description of the transfer(s)
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The details of the transfer(s), and in particular the categories of personal data that are transferred and the
purpose(s) for which they are transferred, are specified in Annex I.B.
Clause 7 – Optional
Docking clause
(a) An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these
Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and
signing Annex I.A.
(b) Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to
these Clauses and have the rights and obligations of a data exporter or data importer in accordance with
its designation in Annex I.A.
(c) The acceding entity shall have no rights or obligations arising under these Clauses from the period prior
to becoming a Party.
SECTION II – OBLIGATIONS OF THE PARTIES
Clause 8
Data protection safeguards
The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through
the implementation of appropriate technical and organisational measures, to satisfy its obligations under these
Clauses.
8.1 Instructions
(a) The data exporter shall process the personal data only on documented instructions from the data importer
acting as its controller.
(b) The data exporter shall immediately inform the data importer if it is unable to follow those instructions,
including if such instructions infringe Regulation (EU) 2016/679 or other Union or Member State data
protection law.
(c) The data importer shall refrain from any action that would prevent the data exporter from fulfilling its
obligations under Regulation (EU) 2016/679, including in the context of sub-processing or as regards
cooperation with competent supervisory authorities.
(d) After the end of the provision of the processing services, the data exporter shall, at the choice of the data
importer, delete all personal data processed on behalf of the data importer and certify to the data importer
that it has done so, or return to the data importer all personal data processed on its behalf and delete
existing copies.
8.2 Security of processing
(a) The Parties shall implement appropriate technical and organisational measures to ensure the security of
the data, including during transmission, and protection against a breach of security leading to accidental
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or unlawful destruction, loss, alteration, unauthorised disclosure or access (hereinafter ‘personal data
breach’). In assessing the appropriate level of security, they shall take due account of the state of the art,
the costs of implementation, the nature of the personal data (2), the nature, scope, context and purpose(s)
of processing and the risks involved in the processing for the data subjects, and in particular consider
having recourse to encryption or pseudonymisation, including during transmission, where the purpose of
processing can be fulfilled in that manner.
(b) The data exporter shall assist the data importer in ensuring appropriate security of the data in accordance
with paragraph (a). In case of a personal data breach concerning the personal data processed by the data
exporter under these Clauses, the data exporter shall notify the data importer without undue delay after
becoming aware of it and assist the data importer in addressing the breach.
(c) The data exporter shall ensure that persons authorised to process the personal data have committed
themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
8.3 Documentation and compliance
(a) The Parties shall be able to demonstrate compliance with these Clauses.
(b) The data exporter shall make available to the data importer all information necessary to demonstrate
compliance with its obligations under these Clauses and allow for and contribute to audits.
Clause 9
Use of sub-processors
N/A
Clause 10
Data subject rights
The Parties shall assist each other in responding to enquiries and requests made by data subjects
under the local law applicable to the data importer or, for data processing by the data exporter in the
EU, under Regulation (EU) 2016/679.
Clause 11
Redress
(a) The data importer shall inform data subjects in a transparent and easily accessible format, through
individual notice or on its website, of a contact point authorised to handle complaints. It shall deal
promptly with any complaints it receives from a data subject.
2 This includes whether the transfer and further processing involves personal data revealing racial or ethnic origin, political opinions,
religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the purpose of uniquely identifying
a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions or
offences.
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[OPTION: The data importer agrees that data subjects may also lodge a complaint with an independent
dispute resolution body (3) at no cost to the data subject. It shall inform the data subjects, in the manner
set out in paragraph (a), of such redress mechanism and that they are not required to use it, or follow a
particular sequence in seeking redress.]
Clause 12
Liability
(a) Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any
breach of these Clauses.
(b) Each Party shall be liable to the data subject, and the data subject shall be entitled to receive
compensation, for any material or non-material damages that the Party causes the data subject by
breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability
of the data exporter under Regulation (EU) 2016/679.
(c) Where more than one Party is responsible for any damage caused to the data subject as a result of a
breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is
entitled to bring an action in court against any of these Parties.
(d) The Parties agree that if one Party is held liable under paragraph (c), it shall be entitled to claim back
from the other Party/ies that part of the compensation corresponding to its/their responsibility for the
damage.
(e) The data importer may not invoke the conduct of a processor or sub-processor to avoid its own liability.
Clause 13
Supervision
N/A
SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC
AUTHORITIES
Clause 14
Local laws and practices affecting compliance with the Clauses
(where the EU where the EU processor combines the personal data received from the third country-controller
with personal data collected by the processor in the EU)
(a) The Parties warrant that they have no reason to believe that the laws and practices in the third country of
destination applicable to the processing of the personal data by the data importer, including any
requirements to disclose personal data or measures authorising access by public authorities, prevent the
data importer from fulfilling its obligations under these Clauses. This is based on the understanding that
3 The data importer may offer independent dispute resolution through an arbitration body only if it is established in a country that has
ratified the New York Convention on Enforcement of Arbitration Awards.
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laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed
what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in
Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses.
(b) The Parties declare that in providing the warranty in paragraph (a), they have taken due account in
particular of the following elements:
(i) the specific circumstances of the transfer, including the length of the processing chain, the
number of actors involved and the transmission channels used; intended onward transfers; the
type of recipient; the purpose of processing; the categories and format of the transferred personal
data; the economic sector in which the transfer occurs; the storage location of the data
transferred;
(ii) the laws and practices of the third country of destination– including those requiring the
disclosure of data to public authorities or authorising access by such authorities – relevant in
light of the specific circumstances of the transfer, and the applicable limitations and safeguards
(4);
(iii) any relevant contractual, technical or organisational safeguards put in place to supplement the
safeguards under these Clauses, including measures applied during transmission and to the
processing of the personal data in the country of destination.
(c) The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best
efforts to provide the data exporter with relevant information and agrees that it will continue to
cooperate with the data exporter in ensuring compliance with these Clauses.
(d) The Parties agree to document the assessment under paragraph (b) and make it available to the
competent supervisory authority on request.
(e) The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and
for the duration of the contract, it has reason to believe that it is or has become subject to laws or
practices not in line with the requirements under paragraph (a), including following a change in the laws
of the third country or a measure (such as a disclosure request) indicating an application of such laws in
practice that is not in line with the requirements in paragraph (a).
(f) Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that
the data importer can no longer fulfil its obligations under these Clauses, the data exporter shall
promptly identify appropriate measures (e.g. technical or organisational measures to ensure security and
confidentiality) to be adopted by the data exporter and/or data importer to address the situation. The data
exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer
4 As regards the impact of such laws and practices on compliance with these Clauses, different elements may be considered as part of
an overall assessment. Such elements may include relevant and documented practical experience with prior instances of requests for
disclosure from public authorities, or the absence of such requests, covering a sufficiently representative time-frame. This refers in
particular to internal records or other documentation, drawn up on a continuous basis in accordance with due diligence and certified
at senior management level, provided that this information can be lawfully shared with third parties. Where this practical experience
is relied upon to conclude that the data importer will not be prevented from complying with these Clauses, it needs to be supported
by other relevant, objective elements, and it is for the Parties to consider carefully whether these elements together carry sufficient
weight, in terms of their reliability and representativeness, to support this conclusion. In particular, the Parties have to take into
account whether their practical experience is corroborated and not contradicted by publicly available or otherwise accessible, reliable
information on the existence or absence of requests within the same sector and/or the application of the law in practice, such as case
law and reports by independent oversight bodies.
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can be ensured, or if instructed by the competent supervisory authority to do so. In this case, the data
exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data
under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this
right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise.
Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.
Clause 15
Obligations of the data importer in case of access by public authorities
(where the EU processor combines the personal data received from the third country-controller with personal
data collected by the processor in the EU)
15.1 Notification
(a) The data importer agrees to notify the data exporter and, where possible, the data subject
promptly (if necessary with the help of the data exporter) if it:
(i) receives a legally binding request from a public authority, including judicial authorities,
under the laws of the country of destination for the disclosure of personal data transferred
pursuant to these Clauses; such notification shall include information about the personal
data requested, the requesting authority, the legal basis for the request and the response
provided; or
(ii) becomes aware of any direct access by public authorities to personal data transferred
pursuant to these Clauses in accordance with the laws of the country of destination; such
notification shall include all information available to the importer.
(b) If the data importer is prohibited from notifying the data exporter and/or the data subject under
the laws of the country of destination, the data importer agrees to use its best efforts to obtain a
waiver of the prohibition, with a view to communicating as much information as possible, as
soon as possible. The data importer agrees to document its best efforts in order to be able to
demonstrate them on request of the data exporter.
(c) Where permissible under the laws of the country of destination, the data importer agrees to
provide the data exporter, at regular intervals for the duration of the contract, with as much
relevant information as possible on the requests received (in particular, number of requests, type
of data requested, requesting authority/ies, whether requests have been challenged and the
outcome of such challenges, etc.).
(d) The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the
duration of the contract and make it available to the competent supervisory authority on request.
(e) Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to
Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply
with these Clauses.
15.2 Review of legality and data minimisation
(a) The data importer agrees to review the legality of the request for disclosure, in particular whether
it remains within the powers granted to the requesting public authority, and to challenge the
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request if, after careful assessment, it concludes that there are reasonable grounds to consider that
the request is unlawful under the laws of the country of destination, applicable obligations under
international law and principles of international comity. The data importer shall, under the same
conditions, pursue possibilities of appeal. When challenging a request, the data importer shall
seek interim measures with a view to suspending the effects of the request until the competent
judicial authority has decided on its merits. It shall not disclose the personal data requested until
required to do so under the applicable procedural rules. These requirements are without prejudice
to the obligations of the data importer under Clause 14(e).
(b) The data importer agrees to document its legal assessment and any challenge to the request for
disclosure and, to the extent permissible under the laws of the country of destination, make the
documentation available to the data exporter. It shall also make it available to the competent
supervisory authority on request.
(c) The data importer agrees to provide the minimum amount of information permissible when
responding to a request for disclosure, based on a reasonable interpretation of the request.
SECTION IV – FINAL PROVISIONS
Clause 16
Non-compliance with the Clauses and termination
(a) The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses,
for whatever reason.
(b) In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses,
the data exporter shall suspend the transfer of personal data to the data importer until compliance is
again ensured or the contract is terminated. This is without prejudice to Clause 14(f).
(c) The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of
personal data under these Clauses, where:
(i) the data exporter has suspended the transfer of personal data to the data importer pursuant to
paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in
any event within one month of suspension;
(ii) the data importer is in substantial or persistent breach of these Clauses; or
(iii) the data importer fails to comply with a binding decision of a competent court or supervisory
authority regarding its obligations under these Clauses.
In these cases, it shall inform the competent supervisory authority of such non-compliance. Where the
contract involves more than two Parties, the data exporter may exercise this right to termination only
with respect to the relevant Party, unless the Parties have agreed otherwise.
(d) Personal data collected by the data exporter in the EU that has been transferred prior to the termination
of the contract pursuant to paragraph (c) shall immediately be deleted in its entirety, including any copy
thereof. The data importer shall certify the deletion of the data to the data exporter. Until the data is
deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of
local laws applicable to the data importer that prohibit the return or deletion of the transferred personal
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data, the data importer warrants that it will continue to ensure compliance with these Clauses and will
only process the data to the extent and for as long as required under that local law.
(e) Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission
adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of
personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal
framework of the country to which the personal data is transferred. This is without prejudice to other
obligations applying to the processing in question under Regulation (EU) 2016/679.
Clause 17
Governing law
These Clauses shall be governed by the law of a country allowing for third-party beneficiary rights.
The Parties agree that this shall be the law of the United States of America (specify country).
Clause 18
Choice of forum and jurisdiction
Any dispute arising from these Clauses shall be resolved by the courts of the United States of America (specify
country).
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APPENDIX
EXPLANATORY NOTE:
It must be possible to clearly distinguish the information applicable to each transfer or category of transfers and,
in this regard, to determine the respective role(s) of the Parties as data exporter(s) and/or data importer(s). This
does not necessarily require completing and signing separate appendices for each transfer/category of transfers
and/or contractual relationship, where this transparency can be achieved through one appendix. However, where
necessary to ensure sufficient clarity, separate appendices should be used.
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ANNEX I
A. LIST OF PARTIES
Data exporter(s): [Identity and contact details of the data exporter(s) and, where applicable, of its/their data
protection officer and/or representative in the European Union]
Name: City of Bozeman
Address: 121 North Rouse Avenue, Bozeman, Montana 59715, United States
Contact person’s name, position and contact details:
Contact Name: Scott McMahan Contact email:humanresources@bozeman.net
Contact Job Title: IT Director
Activities relevant to the data transferred under these Clauses:
The processing of data under these clauses may include the following activities: collection, recording, organization, structuring,
storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or destruction.
By signing we also agree to be bound by the International Data Privacy Addendum to the EU Commission Standard Contractual Clauses
and the Switzerland Data Protection Adaptation to the EU Commission Standard Contractual Clauses.
Signature: [2521h70_____________________] Date: [n5aqbdj_________]
Role: controller
Data importer(s): [Identity and contact details of the data importer(s), including any contact person with
responsibility for data protection]
Name: Accurate Background, LLC
Address: 200 Spectrum Center Dr., Suite 1100, Irvine, CA 92618, USA
Contact person’s name, position and contact details: Tiffany Willis; VP, Legal; Privacy@accurate.com
Activities relevant to the data transferred under these Clauses:
The processing of data under these clauses may include the following activities: collection, recording, organization, structuring,
storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available,
alignment or combination, restriction, erasure or destruction.
By signing we also agree to be bound by the International Data Privacy Addendum to the EU Commission Standard Contractual Clauses
and the Switzerland Data Protection Adaptation to the EU Commission Standard Contractual Clauses.
Signature: [si50e7g_____________________] Date: [20nrm2t_________]
Role: processor
166
B. DESCRIPTION OF TRANSFER
Categories of data subjects whose personal data is transferred
Personal data concerning the following categories of data subjects: current employees, job applicants, contractors,
subcontractors and/or temporary employees.
Categories of personal data transferred
The personal data transferred concern the following categories of data:
- Identification data - name, internal ID number, government-issued identification numbers (where authorized by
the law of the data exporter);
- Contact information - home and business addresses, phone number, fax, mobile devices and email addresses;
- Personal information - birth date;
- Criminal record - file number, file date, charges, level of charge, disposition and sentence (if any);
- Social Security Number (or equivalent);
- Driver's history - driver's license and state of issuance (or equivalent);
- Credit history information - places of employment and prior address, credit account types, terms, amounts past
due, loan types, balances, public records, high credit, dates opened and closed, payment patterns, credit limits
and modes of payment;
- Education information - diploma earned, major, degree(s) earned and graduation; dates related to attendance;
and
- Employment information - previous and current employers, dates of employment, position held, salary and
eligibility to rehire.
Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration
the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions
(including access only for staff having followed specialised training), keeping a record of access to the data,
restrictions for onward transfers or additional security measures.
Criminal convictions
The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis).
Processing shall occur continuously for the term of the agreement.
Nature of the processing
Supplier receives information from third parties and assembles the relevant data into employment screening reports.
Purpose(s) of the data transfer and further processing
Supplier provides employment screening reports for Controller to evaluate for employment decisions.
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine
that period
Data will be securely stored for the length of time it is needed and as allowed by law.
For transfers to (sub-) processors, also specify subject matter, nature and duration of the processing
Sub-processors fulfil orders based on the same subject matter, nature, and duration of processing as the above
identified descriptions.
167
Attachment 1
International Data Transfer Addendum to the EU Commission Standard Contractual Clauses
VERSION B1.0, in force 21 March 2022
This Addendum has been issued by the Information Commissioner for Parties making Restricted Transfers. The Information
Commissioner considers that it provides Appropriate Safeguards for Restricted Transfers when it is entered into as a legally binding
contract.
Part 1: Tables
Table 1: Parties
Start date [04k0tk4_________]
The Parties Exporter (who sends the Restricted Transfer) Importer (who receives the Restricted
Transfer)
Parties’ details Full company legal name: Details listed in
Annex IA
Full company legal name: Accurate Background,
LLC
Trading name (if different):
_______________________________
Trading name (if different): N/A
Main address (if a company registered address):
Details listed in Annex IA
Main address: 200 Spectrum Center Dr., Suite
1100, Irvine, CA 92618
Official registration number (if any) (company
number or similar identifier):
_____________________________
Official registration number (if any) (company
number or similar identifier): N/A
Key Contact Full Name of contact person (optional): Details
listed in Annex IA
Full Name of contact (optional):
Tiffany Willis
Job Title: Details listed in Annex IA Job Title: VP, Legal
Contact details including email: Details listed in
Annex IA
Contact details including email:
Privacy@accurate.com
Signature (if required for
the purposes of Section 2)
See Annex 1A of the EU SCC. See Annex 1A of the EU SCC.
Table 2: Selected SCCs, Modules and Selected Clauses
168
Addendum EU SCCs _The version of the Approved EU SCCs which this Addendum is appended to, detailed below,
including the Appendix Information:
Date:
Reference (if any):
Other identifier (if any):
Or
X the Approved EU SCCs, including the Appendix Information and with only the following
modules, clauses or optional provisions of the Approved EU SCCs brought into effect for the
purposes of this Addendum:
Module Module in
operation
Clause 7
(Docking
Clause)
Clause 11
(Option)
Clause 9a
(Prior
Authorisation
or General
Authorisation)
Clause 9a
(Time period)
Is personal data
received from the
Importer combined
with personal data
collected by the
Exporter?
1
C.toC. No
2
C.toP. No
3
P.toP. No
4
P.toC. Yes No No Yes
Table 3: Appendix Information
“Appendix Information” means the information which must be provided for the selected modules as set out in the Appendix of the
Approved EU SCCs (other than the Parties), and which for this Addendum is set out in:
Annex 1A: List of Parties: Accurate Background, LLC and City of Bozeman
Annex 1B: Description of Transfer: As detailed and agreed in Annex 1B of the EU SCC
Annex II: Technical and organisational measures including technical and organisational measures to ensure
the security of the data:
• Accurate employs commercially reasonable security and technical measures to adequately protect the
data received, stored and transmitted as set forth in the underlying Agreement and including
establishing a security program that includes appropriate administrative, technical and physical
safeguards and other security measures that are designed to: (a) ensure the security and
confidentiality of Personal Information; (b) protect against any anticipated threats or hazards to the
security, confidentiality and integrity of Personal Information; and (c) protect against unauthorized
169
access to or use of Personal Information that could result in the destruction, use, modification or
disclosure of Personal Information.
• Accurate will regularly monitor the effectiveness of its safeguards, controls, systems and procedures.
Accurate will periodically identify reasonably foreseeable internal and external risks to the security,
confidentiality and integrity of the Personal Information, and ensure that these risks are addressed;
• Accurate will ensure that Accurate and its employees abide by all reasonable privacy, confidentiality,
information security and disaster recover policies.
• Accurate will maintain a secure network through the utilization of industry standard and appropriate
encryption technology while transferring Personal Information or Data.
• Accurate will store all Personal Information in an encrypted format utilizing industry standard encryption
technology and provide security key management and other facilities to ensure that encrypted Personal
Data is not lost or irretrievable should the encryption keys become unavailable.
• Accurate will maintain an adequate firewall with access control restricted to that which is required for
authorized use of the system and applications.
• Accurate will have appropriate physical security to prevent unauthorized access to any device used to
access to systems that process, store or transmit Personal Information.
• Accurate will maintain an appropriate Data Destruction/Retention Policy, Incident Response Plan, Disaster
Recovery Plan and/or a Business Continuity plan.
Annex III: List of Sub processors (Modules 2 and 3 only): N/A
Table 4: Ending this Addendum when the Approved Addendum Changes
Ending this Addendum when the
Approved Addendum changes
Which Parties may end this Addendum as set out in Section 19:
X Importer
X Exporter
neither Party
Part 2: Mandatory Clauses
Entering into this Addendum
1. Each Party agrees to be bound by the terms and conditions set out in this Addendum, in exchange for the other Party also
agreeing to be bound by this Addendum.
2. Although Annex 1A and Clause 7 of the Approved EU SCCs require signature by the Parties, for the purpose of making
Restricted Transfers, the Parties may enter into this Addendum in any way that makes them legally binding on the Parties and
allows data subjects to enforce their rights as set out in this Addendum. Entering into this Addendum will have the same effect
as signing the Approved EU SCCs and any part of the Approved EU SCCs.
Interpretation of this Addendum
170
3. Where this Addendum uses terms that are defined in the Approved EU SCCs those terms shall have the same meaning as in the
Approved EU SCCs. In addition, the following terms have the following meanings:
Addendum This International Data Transfer Addendum which is made up of this Addendum
incorporating the Addendum EU SCCs.
Addendum EU SCCs The version(s) of the Approved EU SCCs which this Addendum is appended to, as set out in
Table 2, including the Appendix Information.
Appendix Information As set out in Table 3.
Appropriate Safeguards The standard of protection over the personal data and of data subjects’ rights, which is
required by UK Data Protection Laws when you are making a Restricted Transfer relying on
standard data protection clauses under Article 46(2)(d) UK GDPR.
Approved Addendum The template Addendum issued by the ICO and laid before Parliament in accordance with
s119A of the Data Protection Act 2018 on 28 January 2022, as it is revised under Section 18.
Approved EU SCCs The Standard Contractual Clauses set out in the Annex of Commission Implementing
Decision (EU) 2021/914 of 4 June 2021.
ICO The Information Commissioner.
Restricted Transfer A transfer which is covered by Chapter V of the UK GDPR.
UK The United Kingdom of Great Britain and Northern Ireland.
UK Data Protection Laws All laws relating to data protection, the processing of personal data, privacy and/or
electronic communications in force from time to time in the UK, including the UK GDPR and
the Data Protection Act 2018.
UK GDPR As defined in section 3 of the Data Protection Act 2018.
4. This Addendum must always be interpreted in a manner that is consistent with UK Data Protection Laws and so that it fulfils
the Parties’ obligation to provide the Appropriate Safeguards.
5. If the provisions included in the Addendum EU SCCs amend the Approved SCCs in any way which is not permitted under the
Approved EU SCCs or the Approved Addendum, such amendment(s) will not be incorporated in this Addendum and the
equivalent provision of the Approved EU SCCs will take their place.
6. If there is any inconsistency or conflict between UK Data Protection Laws and this Addendum, UK Data Protection Laws applies.
171
7. If the meaning of this Addendum is unclear or there is more than one meaning, the meaning which most closely aligns with UK
Data Protection Laws applies.
8. Any references to legislation (or specific provisions of legislation) means that legislation (or specific provision) as it may change
over time. This includes where that legislation (or specific provision) has been consolidated, re-enacted and/or replaced after
this Addendum has been entered into.
Hierarchy
9. Although Clause 5 of the Approved EU SCCs sets out that the Approved EU SCCs prevail over all related agreements between
the parties, the parties agree that, for Restricted Transfers, the hierarchy in Section 10 will prevail.
10. Where there is any inconsistency or conflict between the Approved Addendum and the Addendum EU SCCs (as applicable), the
Approved Addendum overrides the Addendum EU SCCs, except where (and in so far as) the inconsistent or conflicting terms of
the Addendum EU SCCs provides greater protection for data subjects, in which case those terms will override the Approved
Addendum.
11. Where this Addendum incorporates Addendum EU SCCs which have been entered into to protect transfers subject to the
General Data Protection Regulation (EU) 2016/679 then the Parties acknowledge that nothing in this Addendum impacts those
Addendum EU SCCs.
Incorporation of and changes to the EU SCCs
12. This Addendum incorporates the Addendum EU SCCs which are amended to the extent necessary so that:
a. together they operate for data transfers made by the data exporter to the data importer, to the extent that UK
Data Protection Laws apply to the data exporter’s processing when making that data transfer, and they provide
Appropriate Safeguards for those data transfers;
b. Sections 9 to 11 override Clause 5 (Hierarchy) of the Addendum EU SCCs; and
c. this Addendum (including the Addendum EU SCCs incorporated into it) is (1) governed by the laws of England and
Wales and (2) any dispute arising from it is resolved by the courts of England and Wales, in each case unless the laws
and/or courts of Scotland or Northern Ireland have been expressly selected by the Parties.
13. Unless the Parties have agreed alternative amendments which meet the requirements of Section 12, the provisions of Section
15 will apply.
14. No amendments to the Approved EU SCCs other than to meet the requirements of Section 12 may be made.
15. The following amendments to the Addendum EU SCCs (for the purpose of Section 12) are made:
a. References to the “Clauses” means this Addendum, incorporating the Addendum EU SCCs;
b. In Clause 2, delete the words:
“and, with respect to data transfers from controllers to processors and/or processors to processors, standard
contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679”;
c. Clause 6 (Description of the transfer(s)) is replaced with:
“The details of the transfers(s) and in particular the categories of personal data that are transferred and the
purpose(s) for which they are transferred) are those specified in Annex I.B where UK Data Protection Laws apply to
the data exporter’s processing when making that transfer.”;
d. Clause 8.7(i) of Module 1 is replaced with:
“it is to a country benefitting from adequacy regulations pursuant to Section 17A of the UK GDPR that covers the
onward transfer”;
172
e. Clause 8.8(i) of Modules 2 and 3 is replaced with:
“the onward transfer is to a country benefitting from adequacy regulations pursuant to Section 17A of the UK
GDPR that covers the onward transfer;”
f. References to “Regulation (EU) 2016/679”, “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27
April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement
of such data (General Data Protection Regulation)” and “that Regulation” are all replaced by “UK Data Protection Laws”.
References to specific Article(s) of “Regulation (EU) 2016/679” are replaced with the equivalent Article or Section of UK
Data Protection Laws;
g. References to Regulation (EU) 2018/1725 are removed;
h. References to the “European Union”, “Union”, “EU”, “EU Member State”, “Member State” and “EU or Member State” are
all replaced with the “UK”;
i. The reference to “Clause 12(c)(i)” at Clause 10(b)(i) of Module one, is replaced with “Clause 11(c)(i)”;
j. Clause 13(a) and Part C of Annex I are not used;
k. The “competent supervisory authority” and “supervisory authority” are both replaced with the “Information
Commissioner”;
l. In Clause 16(e), subsection (i) is replaced with:
“the Secretary of State makes regulations pursuant to Section 17A of the Data Protection Act 2018 that cover the
transfer of personal data to which these clauses apply;”;
m. Clause 17 is replaced with:
“These Clauses are governed by the laws of England and Wales.”;
n. Clause 18 is replaced with:
“Any dispute arising from these Clauses shall be resolved by the courts of England and Wales. A data subject may
also bring legal proceedings against the data exporter and/or data importer before the courts of any country in the
UK. The Parties agree to submit themselves to the jurisdiction of such courts.”; and
o. The footnotes to the Approved EU SCCs do not form part of the Addendum, except for footnotes 8, 9, 10 and 11.
Amendments to this Addendum
16. The Parties may agree to change Clauses 17 and/or 18 of the Addendum EU SCCs to refer to the laws and/or courts of Scotland
or Northern Ireland.
17. If the Parties wish to change the format of the information included in Part 1: Tables of the Approved Addendum, they may do
so by agreeing to the change in writing, provided that the change does not reduce the Appropriate Safeguards.
18. From time to time, the ICO may issue a revised Approved Addendum which:
a. makes reasonable and proportionate changes to the Approved Addendum, including correcting errors in the Approved
Addendum; and/or
b. reflects changes to UK Data Protection Laws;
The revised Approved Addendum will specify the start date from which the changes to the Approved Addendum are effective
and whether the Parties need to review this Addendum including the Appendix Information. This Addendum is automatically
amended as set out in the revised Approved Addendum from the start date specified.
173
19. If the ICO issues a revised Approved Addendum under Section 18, if any Party selected in Table 4 “Ending the Addendum when
the Approved Addendum changes”, will as a direct result of the changes in the Approved Addendum have a substantial,
disproportionate and demonstrable increase in:
a its direct costs of performing its obligations under the Addendum; and/or
b its risk under the Addendum,
and in either case it has first taken reasonable steps to reduce those costs or risks so that it is not substantial and
disproportionate, then that Party may end this Addendum at the end of a reasonable notice period, by providing written notice
for that period to the other Party before the start date of the revised Approved Addendum.
20. The Parties do not need the consent of any third party to make changes to this Addendum, but any changes must be made in
accordance with its terms.
174
Attachment 2
Switzerland Data Protection Adaptation to the EU Commission Standard Contractual Clauses
The Federal Act on Data Protection of 19 June 1992 (Switzerland) and its ordinances (“FADP”).
For the purpose of transfers of personal data, the EU Standard Contractual Clauses will be used for transfers of Swiss
Personal Data to Non-Adequate Countries as recognized by the European Commission. Until such time that Switzerland
revises the Swiss Data Protection Act, Personal Data under Swiss data protection law shall refer to both the personal
data of individuals as well as that of legal entities, and the Data Exporter is responsible for complying with the
Notification Obligation (Art. 6 para. 3 DPA) regarding use of the EU SCC as adapted to Swiss data protection law. For
Personal Data transfers subject exclusively to FADP:
1. The Federal Data Protection and Information Commissioner (“FDPIC”) shall act as the competent supervisory
authority (any reference to supervisory authorities under Clause 13 and as set out in Annex I.C of the EU
SCCs shall mean the FDPIC and references to the GDPR are understood to be references to FADP).
2. For transfers of Personal Data subject to the EU Standard Contractual Clauses, Data Subjects in Switzerland
are not excluded from the possibility of suing for their rights in their place of habitual residence
(Switzerland) in accordance with Clause 18(c) of the EU SCC.
175
COUNTERPARTY INFORMATION
REGISTERED NAME:City of Bozeman
121 North Rouse Avenue, Bozeman, Montana 59715, United States
Principal Company Name and Address
Updated Company Name (if applicable): City of Bozeman
Street Address: 121 N Rouse Ave
City: Bozeman
State or Province: MT
Postal Code: 59715
Country: USA
BILLING INFORMATION
Billing Contact Name: Human Resources Department Billing Job Title: Human Resources
Billing E-mail: humanresources@bozeman.net Billing Telephone: 406-582-2970
BILLING ADDRESS IF DIFFERENT FROM COMPANY ADDRESS:
Billing Street Address: PO Box 1230
City: Bozeman
State or Province: MT
Postal Code: 59715
Billing Country: USA
COMPANY INFORMATION
Type of Company: Other
State/Province/Country of Incorporation: Montana
Tax ID or Country ID number: 81-6001238
Year of startup or incorporation: 1883
176
Memorandum
REPORT TO:City Commission
FROM:Bob Murray, Project Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize City Manager to sign Amendment No.2 with Morrison Maierle for
the North 27th Avenue (Baxter to Cattail) Improvements Project.
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign Amendment No.2 with Morrison Maierle for
the North 27th Avenue (Baxter to Cattail) Improvements Project.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy of the Amendment No. 2 with Morrison Maierle for the
North 27th Avenue (Baxter to Cattail) Improvements Project. The document
is in the City’s standard format.
During the final design stage of the project, there have been a number of
items added to the scope of work not included in the consultant’s original
contract. This amendment covers the cost of those additional items.
Subsurface utility locates were completed at the intersection of Baxter and
27th. New signal pole bases need to be installed at the intersection, so the
locates were performed to determine the exact location and depth of the
utilities in the intersection to avoid costly conflicts during construction.
The consultant completed right of way acquisitions for a number of
properties along the corridor. The negotiations for these took more time
and effort than was anticipated. This was primarily due to the demands and
timeliness of the landowners in providing the easements which was out of
the control of the consultant.
Inclusion of an RRFB (Rectangular Rapid Flashing Beacon) was added to the
crosswalks on the roundabout at Cattail and 27th. The initial scope did not
include these because it will be a single lane roundabout. The lack of
pedestrian crossing aids has been a common complaint at roundabouts, so it
was added as an additional safety measure here.
Finally, irrigation and landscaping plans were added for the corridor. This
177
includes the boulevard area as well as the median. The initial scope just
included placing topsoil and seed in these areas.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:$75,957.00 from the Street Impact Fee Fund (SIF118). The project is
included in the FY25 approved budget at $8,611,200.
Attachments:
N 27th PSA Amendment 2 V3.pdf
Report compiled on: September 3, 2025
178
1
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
N 27th Avenue (Baxter Lane to Cattail Street)
MMI. No. 0417.096
THIS IS AN AGREEMENT made as of ____________________________, 2025,
between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230, Bozeman,
Montana, 59771 (OWNER) and Morrison-Maierle, Inc., 2880 Technology Blvd West,
Bozeman, Montana, 59718 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated
April 2, 2024, herein referred to as the Original Agreement, for professional engineering services
for the N 27th Avenue (Baxter Lane to Cattail Street) Project; and
WHEREAS, the scope of the Original Agreement included services for the pre-design
services for the Project; and
WHEREAS, Amendment No. 1, dated April 1, 2025, was added to include preliminary and
final design services for the Project; and
WHEREAS, the parties desire to amend the Agreement to include additional services
associated with the preliminary and final design services for the Project.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT C-3 – Scope of Work –
Preliminary and Final Design Services – Additional Services and EXHIBT D-3 ENGINEERING
FEE ESTIMATE-ADDITIONAL SERVICES are hereby incorporated in and made part of this
Agreement.
Article 1 - Engineering Services
Section 1.4 is added to the Original Agreement as follows:
1.4 Additional services related to preliminary design and final design engineering services for the project are
added to the scope of work. Refer to Exhibit C-3.
Article 6 - Compensation For Engineering Service
Article 6.3 is added as follows:
6.3 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
179
2
6.3.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under
section 1.4 of this Agreement pay a total sum in the amount of $ 75,957.00 for such services.
6.3.2 Payment Schedule. Total cumulative payments for the design phase engineering services (section 1.4)
shall not exceed the following ceilings:
$ 68,361.00 (90% of design fee) until the Preliminary Plans and Specifications have been submitted
to the OWNER.
$ 75,957.00 (100% of design fee) until the Final Plans and Specifications are accepted by the OWNER.
6.3.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based
upon Engineer's estimate of the proportion of the total services actually completed at the time of billing, subject to
any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the
payment provisions of this Agreement.
6.3.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of
this Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for
the Basic services (4.1 through 4.3) and are not separately reimbursable. Additional Services specifically identified
under the scope of design services for payment under 6.1 are not separately reimbursable.
Except as specifically amended herein, the Original Agreement shall remain in full force
and effect and the parties shall be bound by all terms and conditions therein.
In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC.
BY:________________________ BY: Travis Eickman, PE
(City Manager) (Vice-President)
DATE:_____________________ DATE:________________________
ATTEST:
BY:______________________
(City Clerk)
N:\0417\096 - N. 27th\01 Project Management\Contracts\Amendment 2\PSA Amendment 2 V1.docx
180
1
EXHIBIT C-3
North 27th Avenue (Baxter to Cattail)
Scope of Work – Preliminary and Final Design Services
Additional Scope
August 21, 2025
Task 2.15 – Project Management
This task includes general project management for this phase of the project.
Task 2.16 – Subsurface Utility Locates
This task includes coordination and subcontract work for locating potential utility conflicts for the
N 27th/Baxter Lane Signal poles. Subtasks include the following:
• Utility locate coordination and communication with utility companies
• Coordination with Sime Construction and Sime Construction work for vacuum excavation
services
• Field survey work to collect data
• Processing field data and update the base map for design purposes.
Task 2.17 – Additional Right of Way Effort
This task includes additional effort for working with adjacent landowners regarding right of way
and easements.
Task 2.18 – RRFB System for Roundabout
This task includes design of the RRFB System for the roundabout. Subtasks include the following:
• Coordination for locating RRFB and associated modifications to the other plan sheets.
• Electrical design and associated tasks as outlined in the Robert Peccia & Associates
Scope
Task 2.19 – Landscaping Design
This task includes landscaping design for medians and boulevards. Subtasks include the
following:
• Coordination with other components of the project.
• Landscaping design and associated tasks as outlined in the Robert Peccia & Associates
Scope
Task 2.20 – Irrigation Design
181
2
This task includes irrigation design for medians and boulevards. Subtasks include the following:
• Coordination with other components of the project.
• Irrigation design and associated tasks as outlined in the Robert Peccia & Associates
Scope
Task 2.21 – Final Construction Documents
This task includes effort associated with final document preparation and production of additional
plans sheets and specification sections.
Task 2.22 – Quality Assurance
This task includes budget for senior staff to provide quality assurance reviews of the work
products.
END
Attachment – Robert Peccia and Associates July 8, 2025 - Scope and Fee Proposal
182
TASK TOTAL SUPERVISING SUPERVISING SENIOR DESIGN ENGINEER ENGINEER ENV LAND LAND SURVEY CADD TOTAL COST
EXPENSES HOURS ENGINEER III ENGINEER II ENGINEER I ENGINEER II INTERN II INTERN I SCIENTIST III SURVEYOR IV SURVEYOR III CREW DESIGNER II CLERICAL FOR TASK
Pre-Design Task 2.15 Project Management
General Project Management 6 6
Miscellaneous Expense -$
Total for Task -$ 6 6 1,507$
Task 2.16 - Subsurface Utility Locates
Locates and Utility Company Coordination 2 2
Survey, Contractor Coordination, and Data Processing 15 1 8 6
Sime Construction 3,776$ Survey Equipment 120$
Miscellaneous Expense 50$
Total for Task 3,946$ 17 1 10 6 7,045$
Task 2.17 Additional Right of Way Effort
Miscellaneous Coordination 20 4 16
Miscellaneous Expense -$
Total for Task -$ 20 4 16 4,197$
Task 2.18 RRFB System for Roundabout
Project Coordination 4 4
Modify sidewalk geometrics 16 16
Robert Peccia and Associates 7,740$
Miscellaneous Expense -$
Total for Task 7,740$ 20 4 16 11,717$
Task 2.19 Landscaping Design
Project Coordination 6 2 4
Robert Peccia and Associates 29,324$
Miscellaneous Expense -$
Total for Task 29,324$ 6 2 4 30,569$
Task 2.20 Irrigation Design
Project Coordination 6 2 4
Water Connection
Robert Peccia and Associates 15,680$
Miscellaneous Expense -$
Total for Task 15,680$ 6 2 4 16,925$
Task 2.21 Final Construction Documents - Additional Effort
Plans and Specifications 16 8 8
Miscellaneous Expense -$
Total for Task -$ 16 8 8 3,495$
Task 2.22 Quality Assurance
Quality Assurance 2 2
Miscellaneous Expense -$
Total for Task -$ 2 2 502$
SUBTOTAL OF STAFF HOURS REQUIRED 93 29 16 42 6
HOURLY PAY RATE $73 $70 $58 $54 $36 $32 $53 $52 $48 $80 $45 $30
MULTIPLIER 3.44 3.44 3.44 3.44 3.44 3.44 3.44 3.44 3.44 3.44 3.44 3.44
HOURLY RATE $251 $241 $200 $186 $124 $110 $182 $179 $165 $275 $155 $103
LABOR COST BY POSITION $7,282 $3,192 $7,802 $991
TOTAL LABOR: $19,267
TOTAL EXPENSES 56,690.00$
TOTAL COST OF PHASE: $75,957 75,957$
STAFF HOUR ESTIMATE
EXHIBIT D-3 - Engineering Fee Estimate
North 27th Ave (Baxter to Cattail) - Preliminary and Final Design Services - Additional Services
Page 1 183
TO: James Nickelson, P.E. Morrison-Maierle Senior Engineer
FROM: Scott Randall, P.E. via Staci Venner, P.E. Vice President
DATE: July 8, 2025
SUBJECT: Scope of Services – Amendment 02 City of Bozeman – North 27th Avenue Improvements (Baxter Ln. to Cattail St.)
Scope of Services
This amendment is a continuation of subconsultant services to Morrison-Maierle for the City of
Bozeman North 27th Avenue Improvements project. This scope of services outlines additional services
for the design of new Rectangular Rapid Flashing Beacons (RRFB) at the new roundabout crosswalks,
new water efficient landscaping and irrigation system, and replacing/adjusting existing landscaping
and irrigation systems.
Tasks included in this Amendment include the following:
• Task 8: Additional Electrical Design – RRFB System
• Task 9: Landscaping Design
• Task 10: Irrigation Design
Task 8: Additional Electrical Design – RRFB System
The additional electrical design includes adding new solar-powered push-button activated RRFBs for
the three new crosswalks at the roundabout on N. 27th Avenue and Cattail Street. Single-sided RRFBs
will be used at outside curb ramps and double sided RRFBs will be used in the medians. RRFBs will
flash in unison at each individual crosswalk. RRFB placement will meet standards for ADA, PROWAG,
MUTCD, and APS. The foundations will be placed with a minimum 5-feet clearance to any buried utility, except on the south leg of the roundabout with existing water and sanitary mains at the median.
TASKS:
8.1) Develop new electrical plans with RRFB details, foundation details, quantities, and plan layout
8.2) Special provision and cost estimate
8.3) Internal QAQC review and submit to City for review
8.4) Subsequent revisions after City review
ASSUMPTIONS:
The prime consultant will adjust the signing plans for mounting new pedestrian warning signs on the RRFB poles.
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Bozeman N 27th Ave July 8, 2025 Scope of Services – Amendment 02
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DELIVERABLES:
• 11 x 17 PDF’s of the Additional/Revised Electrical Plans
• Electronic Civil3D dwg files
• Special Provision
• Cost Estimates
Task 9: Landscaping Design
The water-efficient and drought tolerant landscaping design will be in accordance with the City of
Bozeman Landscape and Irrigation Performance and Design Standards Manual. The design will be
based off adjacent zoning, accommodate existing overhead power lines and buried utilities, and meet
the new city standards in an economical manner. Landscape areas include the roundabout center
island and the new median and boulevards along North 27th Avenue from north of Baxter Lane to
south of the new roundabout at Cattail Street.
The design and plans will include in-kind replacement or removal of impacted existing landscaping in
the existing median south of Baxter Lane, areas along Cattail Street to the east of the new roundabout,
areas along North 27th Avenue to the north of the new roundabout, and along the west side of Thomas
Drive from Baxter to Sartain.
RPA’s Landscape Architect will prepare the design, plans, special provisions, and cost estimate.
ASSUMPTIONS:
• The landscaping plans will not include a stamp by a professional Landscape Architect.
• Construction cost estimates will be separated for the boulevards, medians, and roundabout
center.
• The roundabout center will be low maintenance drought-tolerant plantings.
• The 27th Avenue median from Baxter to south of the roundabout will be a drought-tolerant seed
mix with median end plantings. The median also includes new trees meeting Northwestern
Energy requirements for trees under overhead power lines. The median landscaping layout
will be similar to the median at 27th Avenue and Turbulence Lane but without decorative
concrete median caps.
• The 27th Avenue boulevards will be a drought-tolerant seed mix with new trees.
TASKS:
9.1) Analysis/design worksheets per new standards, plant layout, and replacement/removal of impacted landscaping areas.
9.2) Develop new landscaping plans with details, schedules, quantities, and plan sheets.
9.3) Special provision and cost estimates.
9.4) Internal QAQC review and submit to City for review.
9.5) Subsequent revisions after City review.
DELIVERABLES:
• 11 x 17 PDF’s of the Landscaping Plans
• Electronic Civil3D dwg files
• Special Provision
• Cost Estimates
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Bozeman N 27th Ave July 8, 2025 Scope of Services – Amendment 02
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Task 10: Irrigation Design
The water efficient irrigation design will be handled by RPA through use of a performance specification
(similar to ones used on past projects for city of Kalispell) to meet requirements of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual for irrigation at new boulevards,
median islands, and the roundabout center. Irrigation plans will be diagrammatic with locations for
point-of-connection, power source, controller, mains, and other irrigation requirements.
The plans will include in-kind replacement or removal of impacted existing irrigation in the existing
median south of Baxter Lane, areas along Cattail Street to the east of the new roundabout, areas
along North 27th Avenue to the north of the new roundabout, and along the west side of Thomas Drive
from Baxter to Sartain.
ASSUMPTIONS:
• RPA’s electrical plans include the irrigation power source and controller location.
• Morrison Maierle’s water plans include an irrigation meter pit with a 2-inch water line
connecting to the existing City of Bozeman 12-inch water main along Thomas Drive.
• Construction cost estimates will be estimated for the boulevards, medians, and roundabout
center.
• The roundabout center will be drip for drought-tolerant plantings.
• The 27th Avenue median from Baxter Lane to south of the roundabout will be sprinklers for the
drought-tolerant seed mix areas and drip for the median end plantings.
• The 27th Avenue boulevards will be sprinklers for the drought-tolerant seed mix areas and drip
for the new trees.
TASKS:
10.1) Determine irrigation system requirements.
10.2) Develop diagrammatic irrigation plans requirements for Contractor design and installation.
10.3) Callouts for replacing/adjusting impacted irrigation facilities.
10.4) Special provision and cost estimates
10.5) Internal QAQC review and submit to City for review.
10.6) Subsequent revisions after City review.
DELIVERABLES:
• 11 x 17 PDF’s of the diagrammatic Irrigation Plans
• Electronic Civil3D dwg files
• Special Provision
• Cost Estimates
Schedule
RRFB plans were submitted to Morrison Maierle at the end of June 2025.
Landscaping and irrigation plans will be submitted to Morrison Maierle by the end of August 2025.
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Project:North 27th Avenue - Baxter to Cattail
ROBERT PECCIA & ASSOCIATES Client:Morrison Maierle (City of Bozeman)
Fee Estimate for Engineering Services - AMENDMENT 02 Date:7/8/2025
Senior Manager or Planner Lead Engineer Landscape Architect
Senior Electrical Engineer Electrical Engineer
Drafter or Entry-Level Designer Accounting
$ 255.53 $ 219.22 $ 129.89 $ 191.20 $ 122.33 $ 115.50 $ 183.64 TOTAL
8.0 ADDITIONAL ELECTRICAL DESIGN - RRFB SYSTEM
8.1 Develop new electrical plans with details with RRFB details, foundation details, quantities, and plan layout 8 8 16 32
8.2 Special provision and cost estimate 4 4
8.3 Internal QAQC review and submit to City for review 2 2 4
8.4 Subsequent revisions after City review 1 2 3
2 13 0 0 10 18 0 43
9.0 LANDSCAPING DESIGN
9.1 Analysis/design worksheets per new standards, plant layout, and replacement/removal of impacted landscaping
areas
80 80
9.2 Develop new landscaping plans with details, schedules, quantities, and plan sheets 24 80 104
9.3 Special provision and cost estimates 4 12 16
9.4 Internal QAQC review and submit to City for review 4 4 8
9.5 Subsequent revisions after City review 4 4 8
4 4 120 0 0 88 0 216
10.0 IRRIGATION DESIGN
10.1 Determine irrigation system requirements 4 16 20
10.2 Develop diagrammatic irrigation plans requirements for Contractor design and installation 2 40 42
10.3 Callouts for replacing/adjusting impacted irrigation facilities 2 8 10
10.4 Special provision and cost estimates 12 12 24
10.5 Internal QAQC review and submit to City for review 4 4 8
10.6 Subsequent revisions after City review 2 2 4 8
4 18 34 0 0 56 0 112
10 35 154 0 10 162 0 371
$ 2,555.30 $ 7,672.70 $ 20,003.06 $ - $ 1,223.30 $ 18,711.00 $ - $ 50,165.36
Per Hour 2.50$ Hours 10 25.00$
Per Hour 7.00$ Hours 361 2,527.00$
Per Mile 0.670$ Miles 40 26.80$
DIRECT EXPENSE SUBTOTAL 2,578.80$
50,165.36$
2,578.80$
52,744$
Mileage (2 site visits from Bozeman office)
TOTAL PERSON-HOURS
LABOR SUBTOTAL COST
DIRECT EXPENSES
Computer
CADD
TOTAL:
SUMMARY OF ENGINEERING SERVICES
Loaded Labor
Direct Expense
DESCRIPTIONTASK
Sub Total Hours
Sub Total Hours
Sub Total Hours
187
Sime Construction, Inc.
Bozeman, MT 59718
406-582-9841
190 Ramshorn Drive
MORRISON-MAIERLE, INC. INVOICE ID: 109502
DATE:
DRAW ID:22P.O. BOX 1113
BOZEMAN, MT 59715 July 25,2025
SMALL MIC
25999-TM
PO #:
13801
SALESPERSON:
CUSTOMER ID:CONTRACT ID:
LOCATION:
Equipment 540.00
1,045.00Labor
Material 1,847.39
3,432.39Invoice Sub-total
Plus 10% Markup 343.24
0.00
Amount due this Invoice $3,775.63
Billed to date: 3,775.63
Paid to date:0.00
Retainage
3,775.63Total amount due:
NET TERMS: 10TH OF MONTH
188
Daily Billing ReportSime Construction, Inc. Page 1
Account # 13801 25-999 SMALL MISCELLANEOUS
Work In Progress Date From: Work In Progress Date To:
Emp / Vend or Billed Unit Billed
/ EQ Equipment Description Units Price Amount
06-02-25 10-0044FRANK MORRISON MAIERLE L Labor Richard J. Coffey 2.00 95.00 190.00L Labor Matthew S. Davis 2.00 95.00 190.00
4.00 380.00
Daily
06-03-25 10-0044FRANK MORRISON MAIERLE M Material TMC, INC 3/4" SCREENED ROCK 6.62 25.25 167.08
E Equipment Richard J. Coffey Skidsteer 3.50 110.00 385.00L Labor Richard J. Coffey 6.00 95.00 570.00E Equipment Michael S. Madsen 2022 PETERBILT 1.00 155.00 155.00
17.12 1,277.08
Daily
06-04-25 10-0044FRANK MORRISON MAIERLE L Labor Matthew S. Davis 1.00 95.00 95.00
1.00 95.00
Daily
06-10-25 10-0044FRANK MORRISON MAIERLE M Material SCENIC CITY ENTERPRISES, GRISINGER .00 1,680.31
.00 1,680.31
Daily
22.12 3,432.39
Report Totals:Plus 10% 343.24
Total Amount Billed 3,775.63
189
Memorandum
REPORT TO:City Commission
FROM:Katie Canter, Contracts and Sports Parks Coordinator
Mitch Overton, Parks and Recreation Director
SUBJECT:Authorize the City Manager to Sign a Fourth Amendment to the Professional
Services Agreement with Advantage Spraying Services, Inc. for Snow
Removal Services in the Parks and Trails District.
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Fourth Amendment to the Professional
Services Agreement with Advantage Spraying Services, Inc. for Snow
Removal Services in the Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180
creating the Bozeman Parks and Trails Special District (District). To
accomplish the District objectives the City has developed a multi-year
District implementation plan designed to achieve steady calculated increases
in level of service standards and sustainable maintenance practices in all City
Parks. Beginning July 1, 2020 City’s Parks and Recreation Department
assumed full responsibility for all of the District’s designated park properties
including the addition of 235 acres of park land located within subdivision
parks previously maintained by home owners/community associations. In
September 2021, the Parks and Recreation Department conducted a request
for proposals process to acquire professional services required to complete
snow removal and additional maintenance services on parks in the District.
After careful evaluation and review, Advantage Spraying Services, Inc. was
determined to be a qualified, responsive and responsible vendor for Parks
and Trails District Snow Removal Services contract. On November 16, 2021,
the City entered into the Agreement with Advantage Spraying Services, Inc.
The Agreement is effective for one year after the date of execution with the
option to extend the agreement an additional year upon mutual agreement.
Advantage Spraying Services, Inc. has demonstrated the ability to provide
comprehensive snow removal maintenance services for the City’s Parks and
Trials District and will continue to complete the services at select sites as
defined and described in Attachment B: PSA Advantage Spraying Services
Inc. The Attachment A PSA Amendment 4 Advantage Spraying Services, Inc.
will extend the Agreement for an additional one (1) year period and shall
190
terminate on November 16, 2026. In no case, however, may this agreement
run longer than five (5) years from the original effective date.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Funding is allocated for this maintenance within the FY26 and FY27 budget
in the Parks and Trails District Maintenance Fund account.
Attachments:
Attachment A PSA Amendment 4 Advantage Spraying
Services Inc.pdf
Attachment B PSA Advantage Spraying Services Inc. Snow
Removal Service.pdf
Report compiled on: August 29, 2025
191
Fourth Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc. FY 2026 – FY 2027 Page 1 of 2
FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Parks and Trials District Snow Removal Services dated November 16, 2021 (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 Advantage Spraying Services Inc., 144 Wildcat Way, 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. Extension of Term: Section 2: The agreement is extended for an additional one (1) year
period. The Agreement shall terminate on November 16, 2026.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
192
Fourth Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc. 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 ADVANTAGE SPRAYING SERCICES INC.
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Professional Services Agreement for Advantage Spraying Services Inc.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of November, 2021
(“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, Advantage Spraying Services Inc., 144 Wildcat Way,
Bozeman MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred
to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date 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 in Exhibit A. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified and attached hereto as
Exhibit B . 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:
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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.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
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In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
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 and for any claims regarding underpaid prevailing wages.
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
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damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
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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:
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
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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.
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,
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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 Luke Kline, Contracts Coordinator or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Patrick Doran 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
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Professional Services Agreement for Advantage Spraying Services Inc.
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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).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
Professional Services Agreement for Advantage Spraying Services Inc. Page 9 of 12
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Professional Services Agreement for Advantage Spraying Services Inc.
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18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
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
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the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
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 ****
Professional Services Agreement for Advantage Spraying Services Inc. Page 11 of 12
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Professional Services Agreement for Advantage Spraying Services Inc.
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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__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Anna Saverud, Assistant City Attorney
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Patrick Doran
Advantage Spraying Services, Inc
Vice-President
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Page 1 of 23
REQUEST FOR PROPOSAL (RFP)
PARKS & TRAILS DISTRICT SNOW REMOVAL SERVICES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
September 2021
Exhibit A
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I.INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from qualified contractors to provide snow
and ice removal services for the Parks and Recreation Department.
The Owner intends to enter into a contract with the selected firm that will include snow and ice
removal services on an “as-needed” basis beginning October 15, 2021 through April 30, 2022.
Work is to be completed within 24 hours of notification from the Parks and Recreation
Superintendent.
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II.PROJECT BACKGROUND AND DESCRIPTION
On May 5, 2020, the City of Bozeman approved the Bozeman Parks and Trails Special District
(District). With the endorsement of Bozeman resident’s the District granted the City
authorization to conduct annual levy assessments for funding to maintain and operate all of the
City owned parks and trails. To accomplish the District objectives the City has developed a
multi-year Parks and Trails District implementation plan designed to achieve steady calculated
increases in level of service standards and sustainable maintenance practices in all City Parks.
On July 1, 2020, the City’s Parks and Recreation Department assumed full responsibility for all
of the District’s designated park properties including the addition of 217 acres of park land
located within subdivision parks previously maintained by home owners/community
associations. To address the requirements for all maintenance, operations, capital and deferred
maintenance needed in the new District the City will establish contracts for professional
services with qualified contractors.
The City of Bozeman is seeking proposals from contractors to perform grounds and landscape
maintenance for parks, trails and amenities within the District. Contractor will provide services
to ensure that City landscapes are effectively and efficiently maintained for the benefit of the
city and its residents. The selected contractor will begin snow removal services in October 2021
and continue services through the completion of the winter season at the end of April 2022.
Exhibit A
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The routine services will be conducted for approximately a 28 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
The City of Bozeman Parks and Recreation Department is in need of a contractor to remove
snow and ice from sidewalks and park areas within the Bozeman city limits. Snow removal will
be performed on an “as needed” schedule during 2021-2022 winter season.
The scope of services includes:
1.The Contractor is to perform snow and ice removal of sidewalks, pedestrian crossings
any other areas as determined by the Parks Superintendent. Services shall be
completed through various methods such as, but not limited to: chipping, ice melts,
blowing, shoveling, plowing, etc.
2.The Contractor shall use equipment no wider than the sidewalk which is being cleaned.
Equipment shall be of a weight that will not damage the sidewalk or adjacent property.
The contractor shall maintain his operation within the public right of way.
3.Snow and ice must be completely removed from the sidewalks before payment will be
made to the contractor and shall not be moved into streets. If salt or other chemicals
are used to loosen ice, only the minimum amount of salt or other chemicals will be
used to adequately perform this function and the contractor shall refrain from
depositing any resulting salt/ice mixture onto private property, grassed, or landscaped
area.
4.Snow and ice removal shall commence within twenty-four (24) hours after notice by the
City is given to the contractor. The Contractor may be required to work on any day of
the week, including holidays.
Other related services may be requested on an as needed basis. Locations may be added or
removed from the contract at any time. The final scope of services may change and will be
contained in a professional services agreement to be executed by the City and the selected
Contractor.
IV.PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as listed in this RFP and
should identify the item to which the responses applies.
Proposal shall provide the following information, include, at a minimum, the following items:
Exhibit A
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1.An executive summary not exceeding two pages which summarizes key points of the
proposal and which is signed by an officer of the firm who is responsible for committing
the firm’s resources.
2.A narrative describing the contractor’s qualifications as they relate to the Scope of
Services, including the contractor’s availability of staffing to perform the tasks and
response times for work requests submitted by the City Parks and Recreation
Department.
3.Provide a quote for fixed per hour rate for services listed within Scope of Services. Cost
must include and define all equipment, labor, materials provided and description for all
service provided at fixed per hour rate.
4.Provide a quote for fixed per hour rate for additional services available if not listed in
the scope of services. Include description of all equipment, labor and materials provided
at fixed per hour cost. Provide additional information is needed to describe all services.
5.Contractor shall include any current industry professional certifications, relevant
expertise or experience, three (3) references for similar completed work and work
previously/currently being performed for the City of Bozeman.
Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
V.TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFQ Sunday, September 19, 2021
Sunday, September 26, 2021
Deadline for receipt of proposals No later than 2 PM, MST, October 7, 2021
Evaluation of proposals TBD
Interviews (if necessary) and Selection of
consultants
TBD
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by October 7th at 2PM MST. It is
the sole responsibility of the proposing party to ensure that proposals are received prior to the
closing time as late submittals will not be accepted and will be returned unopened. All
proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net.
Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
Exhibit A
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PDF file will be allowed per response. The subject line of the transmittal email shall clearly
identify the RFP title, company name and due date/time. File sizes greater than 25MB in size
may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
VI.AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 2 PM MST on September 30th, 2021.
VII.CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, agenda@bozeman.net
Questions relating to scope of services should be directed to: Luke Kline, Contracts
Coordinator, lkline@bozeman.net , and (406) 582-2290.
VIII.SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX.SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• [10 points] Executive Summary
•[60 points] Qualifications of the Firm for Scope of Services; Cost
•[30 points] Related Experience with Similar Projects
Exhibit A
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X.FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Appendix B.
XI.CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A.This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B.The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C.The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D.The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E.The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F.This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
Exhibit A
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request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G.The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H.Projects under any contract are subject to the availability of funds.
XII.NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
XIII.MISCELLANEOUS
A.No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B.No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C.Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
Exhibit A
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its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D.Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E.Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F.Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV.ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
END OF RFP
Exhibit A
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Executive Summary
Advantage LandCare is a large HOA, commercial, and residential snow removal company. A large
grouping of our customers are located within the City of Bozeman. Our mission is to provide our
customers with a professional snow removal service, and to exceed the expectations of our customers.
At Advantage LandCare, we have been providing snow removal services for commercial accounts,
residential homeowners, and large HOA’s within the City of Bozeman since 2008. Our approach to these
projects is to provide a timely and high level of service on these properties. We do this by extensive
training of our employees, as well as purchasing and maintaining proper equipment to handle projects
of this size.
We require a professional appearance from our staff, and keep our equipment in proper working order
at all times. This is done by providing year-round salaried positions to our employees, proper
equipment, as well as consistent upkeep and repair of our snow removal equipment. As owners we
handle all maintenance duties to keep our equipment running smoothly throughout the winter season.
Safety training for our employees, as well as proper personal protective equipment is also provided for
their use at all times. Snow removal services from Advantage LandCare operate from November 1st
through March 31st. However, we are available before and after those dates if requested.
Patrick Doran
Steve Lee
Exhibit B
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Contractor Narrative
Advantage Landcare has been providing snow removal within the city of Bozeman since 2008. Before
that Patrick Doran & Steve Lee (owners) were working for a local company providing snow removal for
the previous 6 years. As owners of the company, we are directly involved with our snow removal
operations during every event. We consider snow removal to be an emergency service, and because of
that it must be completed in a consistent, timely, and professional manner. Our services include
residential, commercial, and large HOA snow removal from parking lots & sidewalks. We also offer ice
melt services on parking lots and sidewalks at our client’s request.
At Advantage Landcare we are consistently providing training to our employees, as well as offering
advancement within our company. Labor shortages in Bozeman have been a challenge throughout the
past year. However, we have been able to remain fully staffed throughout these challenging times. We
accomplish this through advertising, and offering competitive wages with benefits to our employees.
Exhibit B
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Scope Of Services
Following Is A List Services With An Hourly Rate For These Services.
•Snow Plowing From Sidewalks & Pedestrian Cross Walk Ramps: $125.00 Per Hour
•Snow Blowing From Sidewalks & Pedestrian Cross Walk Ramps: $125.00 Per Hour
•Ice Melt Services On Sidewalks & Pedestrian Cross Walk Ramps: $65.00 Per Bag Of Ice Melt
Applied. Price Includes Labor & Materials.
•Chipping Of Ice From Sidewalks & Pedestrian Cross Walk Ramps: $50.00 Per Hour
Following Is A List Of Equipment Advantage Landcare Uses For Sidewalk Snow & Ice Removal.
•(2) Ventrac 4500 Z’s with snow plow, broom, & snow blower.
•(3) Boss Snowrators with plow
•(1) Bobcat Toolcat with plow & blower
•(2) ATV’s with plow
•(10) Walk behind snow blowers
•(1) Walk behind push spreader
City Of Bozeman Accounts That Advantage Landcare Can Provide Service For
•Any accounts in zone 1 that we are currently providing landscape maintenance on.
Exhibit B
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Professional References
Kevin Black - Account Manager for Cook Development
(406)579-0560 kblack@cookdevelopmentmt.com
Kathi Thorsen – Property Manager/Owner Legacy Properties
(406)577-1470 kathi@bozemanlegacy.com
Tom White or Luke Kline – City Of Bozeman Parks Department
TWhite@bozeman.net
lkline@bozeman.net
Exhibit B
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NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
�uo-J'-.� L�s:.N----L..(name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer's employees and to all subcontracts.
In addition, �\�R.._ L�c.� (name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices"
website, https://wayback.archive-it.org/499/20210701223409/https:/equalpay.mt.gov/, or
equivalent "best practices publication and has read the material.
���'\)o,°">, \J �c�-\�\€.-s,�\-
Name and title of person authorized to sign on behalf of submitter
Exhibit B
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First Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc. FY 2023 – FY 2024 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks and Trials District Snow Removal Services dated November 16, 2021 (the “Agreement”) is
made and entered into this _____ day of ____________, 2022, 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
Advantage Spraying Services Inc., 144 Wildcat Way, 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.Section 31 of the Agreement is replaced in its entirety with the following:
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one (1) year by written agreement of the Parties. In no case, however, may this
Agreement run longer than five years.
2.Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated November 16, 2021 and completed November 16, 2022 is
extended for an additional one (1) year period. The Agreement shall terminate on
November 16, 2023.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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October25
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First Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc. FY 2023 – FY 2024 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA ADVANTAGE SPRAYING SERCICES INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Vice-President
Patrick Doran
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Second Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc.
FY 2024 – FY 2025 Page 1 of 2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Parks and Trials District Snow Removal Services dated November 16, 2021 (the
“Agreement”) is made and entered into this _____ day of ____________, 2023, 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 Advantage Spraying Services Inc., 144 Wildcat Way, 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.Section 31 of the Agreement is replaced in its entirety with the following:
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one (1) year by written agreement of the Parties. In no case, however, may this
Agreement run longer than five years.
2.Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated November 16, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on November 16, 2024.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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26th September
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Second Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc.
FY 2024 – FY 2025 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA ADVANTAGE SPRAYING SERCICES INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 9B30857C-2CE8-4BA1-ADFB-AF182128F0A6
Patrick Doran
Vice-President
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Third Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc. FY 2025 – FY 2026 Page 1 of 2
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks and Trials District Snow Removal Services dated November 16, 2021 (the “Agreement”) is
made and entered into this _____ day of ____________, 2024, 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
Advantage Spraying Services Inc., 144 Wildcat Way, 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.Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated November 16, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on November 16, 2025.
2.Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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1st October
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Third Amendment to Professional Services Agreement for Snow Removal Advantage Spraying Services Inc. 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 ADVANTAGE SPRAYING SERCICES INC.
By________________________________ By_____________________________
Chuck Winn, Interim City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Vice-President
Patrick Doran
Jon Henderson
Acting City Manager
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Memorandum
REPORT TO:City Commission
FROM:Katie Canter, Contracts and Sports Parks Coordinator
Mitch Overton, Parks and Recreation Director
SUBJECT:Authorize the City Manager to Sign a Fourth Amendment to the Professional
Services Agreement with Clean Slate Group, LLC. for Snow Removal and
Maintenance Services in the Parks and Trails District.
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Fourth Amendment to the Professional
Services Agreement with Clean Slate Group, LLC. for Snow Removal and
Maintenance Services in the Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:On June 1, 2020, the Bozeman City Commission approved Resolution 5180
creating the Bozeman Parks and Trails Special District (District). To
accomplish the District objectives the City has developed a multi-year
District implementation plan designed to achieve steady calculated increases
in level of service standards and sustainable maintenance practices in all City
Parks. Beginning July 1, 2020 City’s Parks and Recreation Department
assumed full responsibility for all of the District’s designated park properties
including the addition of 235 acres of park land located within subdivision
parks previously maintained by home owners/community associations. In
September 2021, the Parks and Recreation Department conducted a request
for proposals process to acquire professional services required to complete
snow removal and additional maintenance services on parks in the District.
After careful evaluation and review, Clean Slate Group, LLC. was determined
to be a qualified, responsive and responsible vendor for Parks and Trails
District Snow Removal Services contract. On November 16, 2021, the City
entered into the Agreement with Clean Slate Group, LLC. The Agreement is
effective for one year after the date of execution with the option to extend
the agreement an additional year upon mutual agreement. Clean Slate
Group, LLC. has demonstrated the ability to provide comprehensive snow
removal maintenance services for the City’s Parks and Trials District and will
continue complete the services at select sites as defined and described in
Attachment B: PSA Clean Slate Group, LLC. Snow Removal Services. The
Attachment A PSA
Amendment 4 Clean Slate Group, LLC. Snow Removal Services will extended
225
the Agreement for an additional one (1) year period and shall terminate on
November 16, 2026. In no case, however, may this agreement run longer
than five (5) years from the original effective date.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:Funding is currently allocated for this maintenance within the FY26 and FY27
budget in the Parks and Trails District Maintenance Fund account.
Attachments:
Attachment A PSA Amendment 4 Clean Slate Group LLC..pdf
Attachment B PSA Clean Slate Group Snow Removal
Services.pdf
Report compiled on: September 5, 2025
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Fourth Amendment to Professional Services Agreement for Snow Removal Clean Slate Group LLC. FY 2026 – FY 2027 Page 1 of 2
FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Parks and Trials District Snow Removal Services dated November 16, 2021 (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 Clean Slate Group LLC., 34 Outlier Way, 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. Extension of Term: Section 2. The Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on November 16, 2026.
2. Section 4 Payment: Snow removal and additional miscellaneous services specified in
Exhibit B of the Professional Services Agreement between the City and the Contractor
are listed for clarification to include updated pricing described in Exhibit A: Schedule of
Services – 2025/26 Pricing provided by Clean Slate Group LLC.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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Fourth Amendment to Professional Services Agreement for Snow Removal Clean Slate Group LLC. 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 CLEAN SLATE GROUP LLC.
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A: Schedule of Services – 2025/26 Pricing
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Professional Services Agreement for Clean Slate Group LLC.
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of November, 2021
(“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, Clean Slate Group LLC., 34 Outlier Way, Bozeman,
MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date 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 in Exhibit A. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified and attached hereto as
Exhibit B. 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,
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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.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
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Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
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 and for any claims regarding underpaid prevailing wages.
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
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agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
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
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limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
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
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opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
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
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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 Luke Kline, Contracts Coordinator or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Ryan Rickert 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.
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
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and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17.Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
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
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in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
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.
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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 ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Anna Saverud, Assistant City Attorney
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6
Ryan Rickert
President/Founder
Clean Slate Group, LLC
DocuSign Envelope ID: 14E95DA9-42E9-4B14-9175-5BF80E12593E
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Page 1 of 23
REQUEST FOR PROPOSAL (RFP)
PARKS & TRAILS DISTRICT SNOW REMOVAL SERVICES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
September 2021
Exhibit A
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I.INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from qualified contractors to provide snow
and ice removal services for the Parks and Recreation Department.
The Owner intends to enter into a contract with the selected firm that will include snow and ice
removal services on an “as-needed” basis beginning October 15, 2021 through April 30, 2022.
Work is to be completed within 24 hours of notification from the Parks and Recreation
Superintendent.
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II.PROJECT BACKGROUND AND DESCRIPTION
On May 5, 2020, the City of Bozeman approved the Bozeman Parks and Trails Special District
(District). With the endorsement of Bozeman resident’s the District granted the City
authorization to conduct annual levy assessments for funding to maintain and operate all of the
City owned parks and trails. To accomplish the District objectives the City has developed a
multi-year Parks and Trails District implementation plan designed to achieve steady calculated
increases in level of service standards and sustainable maintenance practices in all City Parks.
On July 1, 2020, the City’s Parks and Recreation Department assumed full responsibility for all
of the District’s designated park properties including the addition of 217 acres of park land
located within subdivision parks previously maintained by home owners/community
associations. To address the requirements for all maintenance, operations, capital and deferred
maintenance needed in the new District the City will establish contracts for professional
services with qualified contractors.
The City of Bozeman is seeking proposals from contractors to perform grounds and landscape
maintenance for parks, trails and amenities within the District. Contractor will provide services
to ensure that City landscapes are effectively and efficiently maintained for the benefit of the
city and its residents. The selected contractor will begin snow removal services in October 2021
and continue services through the completion of the winter season at the end of April 2022.
Exhibit A
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The routine services will be conducted for approximately a 28 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
The City of Bozeman Parks and Recreation Department is in need of a contractor to remove
snow and ice from sidewalks and park areas within the Bozeman city limits. Snow removal will
be performed on an “as needed” schedule during 2021-2022 winter season.
The scope of services includes:
1.The Contractor is to perform snow and ice removal of sidewalks, pedestrian crossings
any other areas as determined by the Parks Superintendent. Services shall be
completed through various methods such as, but not limited to: chipping, ice melts,
blowing, shoveling, plowing, etc.
2.The Contractor shall use equipment no wider than the sidewalk which is being cleaned.
Equipment shall be of a weight that will not damage the sidewalk or adjacent property.
The contractor shall maintain his operation within the public right of way.
3.Snow and ice must be completely removed from the sidewalks before payment will be
made to the contractor and shall not be moved into streets. If salt or other chemicals
are used to loosen ice, only the minimum amount of salt or other chemicals will be
used to adequately perform this function and the contractor shall refrain from
depositing any resulting salt/ice mixture onto private property, grassed, or landscaped
area.
4.Snow and ice removal shall commence within twenty-four (24) hours after notice by the
City is given to the contractor. The Contractor may be required to work on any day of
the week, including holidays.
Other related services may be requested on an as needed basis. Locations may be added or
removed from the contract at any time. The final scope of services may change and will be
contained in a professional services agreement to be executed by the City and the selected
Contractor.
IV.PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as listed in this RFP and
should identify the item to which the responses applies.
Proposal shall provide the following information, include, at a minimum, the following items:
Exhibit A
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1.An executive summary not exceeding two pages which summarizes key points of the
proposal and which is signed by an officer of the firm who is responsible for committing
the firm’s resources.
2.A narrative describing the contractor’s qualifications as they relate to the Scope of
Services, including the contractor’s availability of staffing to perform the tasks and
response times for work requests submitted by the City Parks and Recreation
Department.
3.Provide a quote for fixed per hour rate for services listed within Scope of Services. Cost
must include and define all equipment, labor, materials provided and description for all
service provided at fixed per hour rate.
4.Provide a quote for fixed per hour rate for additional services available if not listed in
the scope of services. Include description of all equipment, labor and materials provided
at fixed per hour cost. Provide additional information is needed to describe all services.
5.Contractor shall include any current industry professional certifications, relevant
expertise or experience, three (3) references for similar completed work and work
previously/currently being performed for the City of Bozeman.
Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
V.TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFQ Sunday, September 19, 2021
Sunday, September 26, 2021
Deadline for receipt of proposals No later than 2 PM, MST, October 7, 2021
Evaluation of proposals TBD
Interviews (if necessary) and Selection of
consultants
TBD
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by October 7th at 2PM MST. It is
the sole responsibility of the proposing party to ensure that proposals are received prior to the
closing time as late submittals will not be accepted and will be returned unopened. All
proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net.
Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
Exhibit A
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PDF file will be allowed per response. The subject line of the transmittal email shall clearly
identify the RFP title, company name and due date/time. File sizes greater than 25MB in size
may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
VI.AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 2 PM MST on September 30th, 2021.
VII.CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, agenda@bozeman.net
Questions relating to scope of services should be directed to: Luke Kline, Contracts
Coordinator, lkline@bozeman.net , and (406) 582-2290.
VIII.SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX.SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• [10 points] Executive Summary
•[60 points] Qualifications of the Firm for Scope of Services; Cost
•[30 points] Related Experience with Similar Projects
Exhibit A
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X.FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Appendix B.
XI.CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A.This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B.The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C.The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D.The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E.The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F.This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
Exhibit A
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request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G.The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H.Projects under any contract are subject to the availability of funds.
XII.NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
XIII.MISCELLANEOUS
A.No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B.No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C.Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
Exhibit A
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its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D.Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E.Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F.Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV.ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
END OF RFP
Exhibit A
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Clean Slate Group
34 Outlier Way Bozeman, MT 59718
28 September 2021
2021/2022 Parks & Trails District Snow Removal Services Contract Proposal
The City of Bozeman is seeking proposals from firms to provide snow and ice removal services on an "as needed" basis for the City of Bozeman Parks and Recreation Department beginning on October 15, 2021 and ending April 30th, 2022. Clean Slate Group (CSG) understands that our
services will be conducted routinely, as needed, for approximately 28 weeks in total or a 7 month
period ( or anytime of the year, because 'it's Montana after all!'). CSG understands that a contract proposal does not enter the City of Bozeman into an agreement to pay any expenses incurred in preparation of this response to proposal. CSG also understands that the City of Bozeman reserves the right to accept or reject this proposal if it is in their best interest to do so. CSG understands
and agrees that we will operate under the laws set out by the State of Montana and the City of
Bozeman, including but not limited to applicable wage rates, payments, gross receipts taxes, equal opportunity employment, safety, non-discrimination, etc. Additionally, the entire CSG team understands that at the end of the day, you have your word and your name. Each of us takes great pride in working hard, being honorable and representing ourselves & our clients well.
With CSG, you will get a courteous crew of hard working individuals that know how to be
professional at all times and be a value-add wherever they go.
CSG agrees to the following: snow and ice removal of sidewalks, pedestrian crossings and any other areas determined by the Parks Superintendent. We agree that our services shall be
completed through the means of chipping, ice melts, blowing, shoveling, and plowing. CSG agrees to use equipment no wider than the sidewalk which is being cleaned, and the equipment used shall be of a weight that will not damage the sidewalk or adjacent property. CSG agrees to the terms of snow and ice being completely and properly removed before any payment will be made by the city. CSG also agrees to use the minimum amount of salt or ice melt necessary to
complete the task of breaking up ice, to insure landscaping or private prope1iy is not damaged.
CSG also agrees that snow removal will be completed within twenty-four hours after notice by the city is given. CSG understands that work may have to be completed during the weekends and even holidays if needed.
Ryan Ricke1i Founder/President
Clean Slate Group, LLC
Exhibit B
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CSG has a dedicated crew of 5 employees for snow removal throughout the winter and spring months, as well as for gopher mitigation, dog station & park trash maintenance, etc throughout the year. We operate our snow removal division with an assmirnent of different equipment and
tools. Our equipment includes, but is not limited to: •2020 Canarn Outlander four wheeler with a 54" adjustable blade snowplow•12' equipment trailer•2 walk behind snow blowers•Snow shovels, ice chippers, misc handheld snow removal equipmentUpon acceptance of this proposal, CSG has a pending purchase of a 2021 Bobcat 5600 Toolcat
with: snow brush, snow plow, and material spreader, as well as a 2021 Titan 20' equipment
trailer.
For the services laid out in this proposal CSG charges $70.00 per man hour. This charge reflects the cost to CSG for all of the following: payroll for fair labor wages, fuel costs, insurance,
equipment maintenance costs, consumables (ice melts and brines), and general overhead costs. In
CSG's experience of doing snow removal at high priority parks like Peets Hill we have found it advantageous to deploy multiple employees at one location to get projects done quickly, prior to significant foot traffic and to the highest quality possible. This charge is for CSG's general snow removal services.
For the additional snow and ice removal services or any miscellaneous services, which include but are not limited to, hand shoveling handicap access ramps, breaking up ice dams and other ice hazards, widening paths and brooming sidewalks upon arrival of Tool cat, spraying beet based brines where salt or sand are unacceptable, and custom snow removal work (hand shoveling ce1iain areas where machinery will not work). CSG's hourly rate remains $70.00 dollar an hour
fee. This charge is representative to the costs of: consumables overhead, fuel, equipment maintenance and equipment overhead. CSG takes these additional snow and ice removal services very seriously and we try to take care of them with the utmost expediency, so we may deploy as many employees as necessaiy to resolve these issues and get the job site back to normal.
CSG has had a long history of working for the City of Bozeman with a variety of site services, including graffiti removal and prevention since November of 2011. During the 2020 to 2021 snow season, CSG spent 107 hours doing snow removal for the City of Bozeman Pmks and Rec at Arrow Dog Park and Burke/Peet' s Hill Park walking u·ail. CSG has multiple contracts with the city for gopher abatement work, dog station maintenance, and the sanitization of bathrooms for
City of Bozeman parks. We provide snow removal, graffiti removal/prevention and gopher
abatement setvices to multiple private companies throughout the city. References for this prior work can be contacted below.
•Thorn White at City of Bozeman Parks ( 406)-579-633 l or twhite@bozernan.net•Chris Leonard at Bridger Ops: ( 406)-539-9862 or chris@bridgerops.com•Irene Dahl at Dahl Funeral Horne: (406)-586-5298 or irene@dahlcmes.com
Additional Professional Ce1iifications CSG and its employees hold: Montana Department of Agriculture, Commercial Pesticide Applicator Licence # 106369-12
Exhibit B
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6DocuSign Envelope ID: 14E95DA9-42E9-4B14-9175-5BF80E12593E
250
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
-G \ e,CU') �\ Gtte, bYajf LL(; (name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer's employees and to all subcontracts.
In additi�n, c\oo;Yl �\c�te;Gv-ovr LLG (name of entity submitting} hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act}, and has visited the State of Montana Equal Pay for Equal Work "best practices"
website, https://wayback.archive-it.org/499/20210701223409/https:/egualpay.mt.gov/, or
equivalent "best practices publication and has read the material.
of person authorized to sign on behalf of submitter
Exhibit B
DocuSign Envelope ID: 5517016A-7D4C-4F82-AEF9-54F9688C36B6DocuSign Envelope ID: 14E95DA9-42E9-4B14-9175-5BF80E12593E
251
First Amendment to Professional Services Agreement for Clean Slate Group LLC. FY 2023 – FY 2024 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks and Trials District Snow Removal Services dated November 16, 2021 (the “Agreement”) is
made and entered into this _____ day of ____________, 2022, 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
Clean Slate Group LLC., 34 Outlier Way, 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.Section 31 of the Agreement is replaced in its entirety with the following:
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one (1) year by written agreement of the Parties. In no case, however, may this
Agreement run longer than five years.
2.Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated November 16, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on November 16, 2023.
3.Section 4 Payment: Snow removal and additional miscellaneous services described in
the Agreement as Exhibit B are listed for clarification in the Attachment A Schedule of
Services Table provided by Clean Slate Group LLC.
4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 14E95DA9-42E9-4B14-9175-5BF80E12593E
November1
252
First Amendment to Professional Services Agreement for Clean Slate Group LLC. FY 2023 – FY 2024Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CLEAN SLATE GROUP LLC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 14E95DA9-42E9-4B14-9175-5BF80E12593E
Ryan Rickert
President/Founder
253
`
Clean Slate Group has had a long history of working with the City of Bozeman to help
with achieving their goals in a manner that results in both parties benefiting mutually. CSG’s
hourly rates are a flat rate which are a representation of CSG’s expertise and overhead costs.
Included in the hourly price is; fair wage payroll, fuel costs, insurance, consumables, equipment
maintenance costs and general overhead costs. Additional miscellaneous services described in
the contract proposal dated 28 September 2021 are included and broken down by cost in the table
below to better aid in the understanding of CSG’s value to the city as a contractor for all types of
work.
Services Provided by Clean Slate Group Hourly Rate Per Man Hour
Mobile Pressure Washing / Surface
Cleaning $70.00
Dog Station and Park Trash Maintenance $65.00
Poison Free Gopher Mitigation $70.00
General Labor $65.00
Snow Removal $70.00
Spring Trail Cleanup / Sweeping $70.00
Parks Woodchip Replenishing $70.00
Poison Free Weed Removal $65.00
Bathroom Sanitization $65.00
Park Cleanup $65.00
Attachment A
DocuSign Envelope ID: 14E95DA9-42E9-4B14-9175-5BF80E12593E
254
Second Amendment to Professional Services Agreement for Parks and Trials District Snow Removal Services FY 2024 – FY 2025
Page 1 of 2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Parks and Trials District Snow Removal Services dated November 16, 2021 (the
“Agreement”) is made and entered into this 24th day of October, 2023, 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 Clean Slate Group LLC., 34 Outlier Way, 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.Extension of Term. Section 31 Professional Service Agreement between City and
Contractor dated November 16, 2021 is extended for an additional one (1) year period. The
Agreement shall terminate on November 16, 2024.
2.Scope of Work: Exhibit C is added as an additional scope of work agreed to between the
Contractor and the City to perform snow removal services in the downtown surface lots.
The rates contained in Exhibit C will only apply to those services.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 9B2ED130-FDBB-42CA-90B8-E6C56939A54A
255
Second Amendment to Professional Services Agreement for Parks and Trials District Snow Removal Services FY 2024 – FY 2025
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CLEAN SLATE GROUP LLC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Ryan Rickert, President/Founder
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 9B2ED130-FDBB-42CA-90B8-E6C56939A54A
256
City of Bozeman Public Parking Lots Snow Removal
2023-2024
Overview
Clean Slate Group Urban Beautification division will be responsible for the removal of
snow and ice for all four City of Bozeman downtown public parking lots. The snow
removal will include the four lots and surrounding sidewalks as indicated in the locations
and maps section below.
Location Specifics
● Black Public Parking Lot (figure 1)
○ Address: 106 E Mendenhall St, Bozeman, MT 59715
● Wilson North Public Parking Lot (figure 2)
○ Address: 41 W Mendenhall St, Bozeman, MT 59715
● Wilson South Public Parking Lot (figure 3)
○ 24 N Willson Ave, Bozeman, MT 59715
● Rouse Public Parking Lot (figure 4)
○ 315 E Babcock St, Bozeman, MT 59715
Pricing
We will bill using a retainer-hybrid model of pricing that will be based on a per push
basis. A push will constitute the removal of snow and ice at all four parking lots and the
surrounding sidewalks (see locations below). Any accumulating snow between .5” and
2” may require a push at our discretion. Any snow accumulation of 2” or more
automatically necessitates a push of all areas, at all locations.
There will be six (6) pushes included within the $6,000 per month retainer, and any
additional pushes will be billed at $800 per push for all four parking lots and the
surrounding sidewalks. Any snow removal taking place outside of the retainer window
(before November 1st & after April 15th) will be billed at $1,200 per push.
Exhibit C
257
Retainer Pricing Model
Retainer Price per Month* (Nov 1-April 15**)$6,000
# of Pushes within Retainer 6
Price per Push Above Retainer Threshold (7+)$800
*Outside of retainer: $1,200 per push (before Nov 1st, after April 15th)
**Only 1/2 retainer for April
Equipment to be Used
● 2021 Bobcat Toolcat with 6’ articulating snow blade & ~1.5’ wing attachments
● 2023 Ariens Mammoth 850 Tractor with 48” V-plow, 48” snow blower, & 44” brush
attachments
● Hand shovels where needed
Snow Sacrifice Zones
● As indicated in parking lot maps in Red (figures 1-4)
Special Requests
● Hand-shoveling around parking space sensors located at each lot entrance to
reduce likelihood of damage. As indicated in parking lot maps in Green (figures
1-4).
Maps (see below)
●Yellow:Parking lot snow removal area to be completed by Bobcat Toolcat
●Blue:Sidewalk snow removal area to be completed by Ariens Mammoth & hand
shoveling
●Red:Snow sacrifice zones for snow storage throughout the season. May be
extended depending on snowfall amount
●Green:Hand-shovel zones at lot entrances to reduce risk of damage to
in-ground lot counter sensors
Exhibit C
258
Figure 1- Black Public Parking Lot
Exhibit C
259
Exhibit C
260
Figure 3- Wilson South Public Parking Lot
Exhibit C
261
Figure 4- Rouse Public Parking Lot
Exhibit C
262
Third Amendment to Professional Services Agreement for Snow Removal Clean Slate Group LLC. FY 2025 – FY 2026 Page 1 of 2
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks and Trials District Snow Removal Services dated November 16, 2021 (the “Agreement”) is
made and entered into this _____ day of ____________, 2024, 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
Clean Slate Group LLC., 34 Outlier Way, 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.Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated November 16, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on November 16, 2025.
2.Scope of Services: It is the intention of the parties that the scope of services include the
amendment agreed to in the Second Amendment to the Professional Services Agreement,
dated October 24, 2023.
3.Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Docusign Envelope ID: D527AB4E-CE6F-4D37-A91A-2CD8773D466E
October1st
263
Third Amendment to Professional Services Agreement for Snow Removal Clean Slate Group LLC. 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 CLEAN SLATE GROUP LLC.
By________________________________ By_____________________________
Chuck Winn, Interim City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
Docusign Envelope ID: D527AB4E-CE6F-4D37-A91A-2CD8773D466E
Ryan Rickert
President/Founder
Acting City Manager
Jon Henderson
264
Memorandum
REPORT TO:City Commission
FROM:Natalie Meyer, Sustainability Program Manager
Max Ziegler, Facilities Assistant Superintendent
Matt Workman, Streets Superintendent
Sam Bearzi, Fleet Manager
Jon Henderson, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Sales Order with Ford Pro for an
Electric Vehicle Direct Current Fast Charger (DCFC), Software, and
Maintenance Agreement at the Shops Complex
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Sales Order with Ford Pro for an
Electric Vehicle Direct Current Fast Charger (DCFC), Software, and
Maintenance Agreement at the Shops Complex.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The Bozeman Shops Complex Electric Vehicle (EV) charging station sales
order provides equipment and software to serve the City's growing EV fleet.
The charging station will be centrally located to the Streets, Water and
Sewer, and Parks Departments, significantly reducing charge times compared
to Level 2 charging. The charging station will serve all fleet vehicles that
require charging between shifts or lack access to overnight depot charging.
The 120 kW station will provide a 15% to 80% charge for standard range
fleet vehicles (98 kWh) in approximately 60 to 75 minutes. The charging
stations will be equipped with software for managed charging and data
reports. The charging station installation supports the City of Bozeman in the
transition to fleet electric vehicles and equipment, resulting in reduced
operating costs, greenhouse gas emissions, and improved local air quality.
The Ford Pro EV charging sales order includes (1) dual-port 120 kW Direct
Current Fast Charger (DCFC), onboarding services, a 5-year software
agreement, and a 5-year extended service plan.
Electrical engineering design work is currently underway. A utility electric
service upgrade will be required to provide additional EV charging at the
Shops Complex, a central fueling hub for the City's fleet. The charging station
may be moved if operations at the Shops Complex are relocated in the
265
future.
The purchase complies with the State of Montana and the City's purchasing
policy under an approved cooperative purchasing agreement. Multiple
quotes were also compiled to ensure competitive pricing and services. By
authorizing the City Manager to sign the sales order, the City agrees to the
hardware and software terms and conditions.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:This sales order will incur a fixed cost of $69,327.90 to be paid by the
Sustainability Division CIP project GF245 - Energy Projects in FY26. Sufficient
funding is available for the sales order and the additional electrical design,
utility upgrades, permitting, and installation. Upon project completion, the
City will file for the Alternative Fuel Vehicle Refueling Property Credit (30C)
available to tax-exempt organizations through June 30, 2026.
Attachments:
FordPro_ShopsComplex_Sales Order.pdf
Report compiled on: September 11, 2025
266
1
About Ford Pro™
Ford Pro™ offers comprehensive charging solutions and services to help better plan, deploy and
operate electric vehicle fleets. Getting charging right is a complex undertaking and each
individual element requires effective strategy and execution to achieve value. Ford Pro™
provides a complete end-to-end solution.
Ford Pro™ customers will have access to purpose-built electric vehicles; a variety of charging
solutions; professional design, build and installation services; OEM-grade telematics data;
comprehensive charging management solutions and integrated driver reimbursement reporting.
Ford Pro™ Charging allows customers to manage and optimize fleet operations via the Ford
Pro™ Depot Charging Software. This platform maximizes fleet uptime, helps optimize charging
costs, tracks key KPIs and performance.
This Sales Order will typically have 4 elements:
• Design-Build & Installation Services
• Ford Pro™ Depot Charging Software
• Ford Pro™ Charging Hardware
• Warranty & Preventative Maintenance
Created by: Prepared for:
Steven Forbes (Ford Pro Charging)
Quote Created: 7/24/2025 3:27 PM
Natalie Meyer
Ford Pro Charging
Sales Order for
CITY OF BOZEMAN
267
2
Analysis
Ford Pro™ consultants meet individually with fleet managers to understand the unique needs of
their fleets and help recommend the best package of electric vehicles and charging solutions to
get the job done. The Ford Pro™ consulting team was founded to help educate fleet managers
on electric vehicles, behaviors and Ford Pro™ software that maximize the capability of their
electric vehicles, maximizing value to customer fleets and minimizing upfront investment.
Planning
Transitioning your fleet from gas to electric can be challenging, especially for fleets new to
electric vehicle operation. The Ford Pro™ consulting team has a toolbox of solutions to help your
fleet make the transition seamless. Ford Pro™ can also help you analyze your total cost of
ownership and understand the return on investment your fleet can unlock by transitioning to
electric.
The Ford Pro™ consulting team is here to help you get the transition right and unlock unparalleled
opportunities by electrifying your fleet.
Lowered total cost
of ownership
Save on energy and
maintenance costs
Optimized operations
with full stat visibility
Charging that supports any
vehicle make
Streamlined deployment
with timeline that hits
organization goals
Vehicles are not charged and
ready for operation
Energy costs are higher
than gas or diesel
Non-optimized fleet and lack
of centralized data and
reporting
Charging that is not scalable
or supports
multi-make
Juggling multiple vendors with
missed timelines
Ford Pro Charging
Fleet Charging Analysis & Planning
01
02
03 Get it
Right
04
05
01
02
Get it
Wrong 03
04
05
268
Implementation
• Coordinate the installation of EVSE with the
delivery of Battery Electric Vehicles
• Design of reports, and configuration of
metrics and reports, as specified by
Customer
• Integrate dispatch, routing, and scheduling
software to optimize depot charging software
platform
• Load utility rate information for each
installation site
• Introduce Customer Success Manager and
establish a meeting cadence to report on
customer preferred metrics and KPIs
Onboarding
• Activate charger data connection
• Direct and verify charger data connection to
depot charging cloud service
• Depot charging account setup and
assistance to assign vehicles to default
depots; setup users, user groups, reports,
and analytics.
• One training/onboarding session per depot
location.
Consult
& Plan
Commission
& Onboard Identify
Vehicles
Depot Charging Procure
& Install
Define
Hardware
Requirements
Design &
Construct
Ford Pro Depot Charging
Design, Build & Installation Services
3 269
Nationwide Support
Ford is collaborating with Qmerit to provide our
customers access to a nationwide network of
qualified electricians. Qmerit’s network has a depth
of experience in EV that is unrivaled. Qmerit
provides Ford customers with white glove
concierge service, working side by side with the
Ford Pro™ team to help you optimize home
charging for your fleet.
Consult
& Plan
Ship &
Install
Chargers Driver
Survey
Fleet
Manager
Sign-off
Home
Charging Identify
Homes for
Install
Installer
Estimates
Ford Pro Home Charging
Charger Purchase & Installation
4 270
Ford Pro™ Depot Charging
Ford Pro™ Depot Charging Software
Deployment of sophisticated smart-charging algorithms that ensure vehicles are reliably charged while
optimizing energy cost based on a variety of data sources such as vehicle arrival and dispatch schedules,
routing information, time-of-use (TOU) energy rates, demand charge windows, and service impacting
faults. Functionality is detailed below for the two software licenses being offered.
*For Ford Vehicles on AC and DC Chargers, For Non-Ford Vehicles on DC Chargers
**For Ford DC Chargers/Ford Vehicles
Functionality
Base
Commercial EV Suitability Assessment and TCO tools
OCPP Support
Monitoring and Management of Depot Health, Vehicle Readiness
Real-Time Charger-Vehicle Connectivity
Real-Time State-of-Charge (SoC) *
Real-Time Fault Alerts (Email, Text)
Multi-Make Vehicle Support
Demand Charge and TOU Cost Reduction (Utility Rate Integration)
Automated Energy Reporting
Preconditioning Support (Battery & Cabin)
OEM-Grade Telematics Integration **
Charge Management Profiles (Group Chargers by location or access
control settings)
Time-Based Access Controls
Energy Reporting and user subscription capability
Site Level Load Management
24X7 Customer Support
5
271
6
Ford Pro™ Depot Charging Software
• A web-based dashboard that provides a one-stop interface for remote monitoring and energy
management for each electric vehicle in the fleet
• Monitoring and management services that directly impact electric vehicle fleet operations (such as
charging station status, network connectivity, and equipment faults)
• Configurable reports with comprehensive analysis of energy dispensed, energy economy, service
status, environmental credits, and more
Ford Pro™ Depot Charging Software
Ford Pro Depot Charging
Description of Services
272
Ford Pro™ Charging offers safe, reliable and cost-effective hardware for charging fleets. In addition, we
have worked with multiple charger OEMs and networks which allows us to provide best-in-class
interoperability.
We strive to deliver charging that meets the technical requirements of your fleet as the primary objective,
regardless of the OEM and class of the vehicle.
Level II chargers (AC output) will have a much shorter lead-time than Level III chargers (DC output).
Detailed hardware information and pricing is available upon request.
Typical lead time for chargers ranges from 1-2 weeks for hardware in stock, to 4-6 months for non-stock and off-menu items.
7
Ford Pro Charging Hardware
AC Charging Hardware
Ford Pro™ AC Charging Station (Series 2)
• Available in 48A or 80A
• LCD display with real-time charging status
• RFID card reader for increased access control
• Field replaceable cable
• Preconfigured with Cellular LTE Connectivity
• 25-ft. SAE J1772 cable
273
8
Ford Pro™ Charging offers safe, reliable and cost-effective hardware for charging fleets. In addition, we
have worked with multiple charger OEMs and networks which allows us to provide best-in-class
interoperability.
We strive to deliver charging that meets the technical requirements of your fleet as the primary objective,
regardless of the OEM and class of the vehicle.
Level II chargers (AC output) will have a much shorter lead-time than Level III chargers (DC output).
Detailed hardware information and pricing is available upon request.
Typical lead time for chargers ranges from 1-2 weeks for hardware in stock, to 4-6 months for non-stock and off-menu items.
Ford Pro DC Charging Cabinet +
Industrial DC Dispenser
•Up to 180kW output power to vehicle
•Preconfigured with cellular (Wi-Fi &
Ethernet connectivity options
available with additional support)
•20-ft. 2 x CCS-1 cables
•Dispenser can be wall-mounted
Ford Pro DC Charging Station
•60kW/200A, 120kW/300A,
180kW/300A, and 240kW/300A
configurations
•Simultaneous charging
•Preconfigured with cellular (Wi-Fi
& Ethernet connectivity options
available with additional support)
•20-ft. 2 x CCS-1 cables
Ford Pro Charging Hardware
DC Charging Hardware
274
9
All Ford Pro™ chargers equipped with 3-year warranty
• Ford backed, industry leading warranty
• Ford Pro™ warranty goes beyond retail warranties to cover labor, in addition to parts
• If any issues arise with charger, simply call the 1-800-34-FLEET hotline number printed on the front of
the charger
Replacement
• For covered warranty issues, a qualified electrician will come to your charging depot or your driver's
home and swap out the unit, free of charge
Extended Service Plan
Ford Protect is now offering an extended service plan for up to 2 years beyond the 3-year Ford warranty
on Ford Pro™ AC Charging Stations.
Power up your electric vehicles with a Ford Pro Charging Station – and the peace of mind knowing it’s
covered with a Ford Protect Extended Service Plan.
Ford Protect covers everything needed to keep Ford Pro™ charging stations up and running.
With Ford Protect, we take responsibility for fixing hardware issues by providing parts, labor and
coordinating repairs by Ford authorized support specialists.
• Coverage beyond the 3-year Ford warranty for an additional 2 years
• Includes replacement or repair of any defective part on a Ford Pro™ Charging Station
• Includes parts and labor
• $0 deductible available
What is not covered: Ford Protect does not provide coverage for any defect in the covered product which is caused by any failure to comply with any instructions from Ford.
See the Service Contract Terms and Conditions for a complete list of what is not covered. The Ford Protect extended service plan is not insurance. Not available for retail sale
or any non-commercial purpose. Strict eligibility restrictions apply.
Ford Pro Charging
Warranty
275
10
Ford Pro™ Charging
What to Expect with Your Onboarding
Customer Success
Manager
Assignment
Charging
Consultation
Training on
Charging & E-
Telematics
Customized
Reporting
User &
Notification Set-
Up
Ford Pro Charging’s onboarding is a thorough and personalized experience, covering
a wide array of technical and business support. As part of your onboarding, we will:
✓ Designate a Customer Success Manager, who will centralize your onboarding
experience and coordinate behind the scenes with our team of specialists.
✓ Consult with you on the right charging and alerts, customized specific to your fleet
and depot sites.
✓ Ensure every charger is connected, optimized, and functional after installation.
✓ Train you on several areas related to charging and E-Telematics, to maximize your
uptime and energy savings.
✓ Customize your automated reporting, including who should receive, when, and how
often.
✓ Set up users within your fleet and create custom notifications to keep your team
informed in case of charging issues.
✓ DC Only: Onsite charger commissioning by charging manufacturer to ensure proper
installation and operation of unit(s). This process typically takes a few hours per DC
charger.
276
11
Ford Pro™ Depot Charging
Sales Order
We have prepared the following pricing to meet the needs of your project requirements. Upon
execution of this Sales Order, inventory will be secured in our warehouse, and we will arrange
shipment based on your specific needs.
Product Name SKU Price QTY Subtotal
FORD PRO DC CHARGING STATION
120KW (300A)
Level III - DCFC 120kW Charger (300A), Dual
Port w/ 20 ft CCS-1 Cables
FPC-
DC0120BA-
UBA
$44,999.00 1.00 $44,999.00
5 Year Extended Service Plan (Bi-Annual
Maintenance, Parts and Labor Warranty)
on 60 and 120 kW DC Monolithic Chargers
FPC-
PP0005MZ-
UAA
$18,500.00 1.00 $18,500.00
FPC-FREIGHT-DC
DC CHARGER FREIGHT
FPC-
FREIGHT-
DC
$995.00 1.00 $995.00
Ford Depot Charging 5 year Base - Tier III
Charge Management Software optimized to
reduce onsite electricity costs and manage on-site
load. Includes site level charger optimization
incorporating vehicle state of charge (Prepaid for
5 Years Per Port)
SKU-
00000294 $1,916.95 2.00 $3,833.90
One-Time Charger Onboarding 1 Year
One-time onboarding fee per charger to connect
the charger to the depot software and customize
as needed
SKU-
00000296 $500.00 2.00 $1,000.00
277
12
Total $69,327.90
Please note that this proposal is valid for 30 days upon issuance. All prices shown are in USD.
Ford Pro™ recommends including an estimated 10% in purchase orders to cover expected sales tax. Actual sales tax to be calculated based upon shipping destination. If actual tax is above purchase order provision, revised PO will be needed to cover
remaining tax.
278
13
Payment Terms: Net 30
Notwithstanding a customer’s issuance of a purchase order to Ford Motor Company subsequent to the
acceptance of this Sales Order, the Ford T&Cs will strictly and solely govern the purchase and sale of the
products and services subject to this Sales Order.
Customer
Sign: \s1\
Name: \n1\
Title: \t1\
Date Signed: \d1\
Ford Pro Charging
Sign: \s2\
Name: \n2\
Title: \t2\
Date Signed: \d2\
Delivery Address
CITY OF BOZEMAN
814 N BOZEMAN AVE
BOZEMAN, Montana, 59715-2955
279
14
By signing this Sales Order, you agree to the following Terms and Conditions governing this purchase:
https://content.fordpro.com/content/dam/fordpro/us/en-us/pdf/charging/ford-pro-hardware-agreement.pdf |
https://content.fordpro.com/content/dam/fordpro/us/en-us/pdf/charging/ford-pro-software-agreement.pdf |
Pricing reflects Sourcewell #080124-FMC Ford Pro hardware & software
charging solutions.
280
Memorandum
REPORT TO:City Commission
FROM:Natalie Meyer, Sustainability Program Manager
Max Ziegler, Facilities Assistant Superintendent
Sam Bearzi, Fleet Manager
Jon Henderson, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Sales Order with Ford Pro for the
Purchase of Electric Vehicle Level 2 Charging Stations, Software, and
Maintenance Agreement for the Bozeman Public Safety Center
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Sales Order with Ford Pro for the
Purchase of Electric Vehicle Level 2 Charging Stations, Software, and
Maintenance Agreement for the Bozeman Public Safety Center
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The Bozeman Public Safety Center (BPSC) Electric Vehicle (EV) charging
station sales order provides equipment and software to serve the City's
growing EV fleet. The charging stations will primarily serve the Police
Department, Fire Department, Neighborhood Services, and Facilities
Services. The Ford Pro EV charging sales order includes (6) Level 2, 11.5 kW
charging stations and (1) Level 2, 19.2 kW charging station, equipment,
onboarding services, a 5-year software agreement, and a 5-year extended
service plan. Pricing includes (3) complimentary charging stations for recent
Ford Lightning vehicle purchases.
The Bozeman Public Safety Center was designed and constructed with
electric service capacity and conduit to accommodate future EV charging
stations to save on installation costs. The Level 2 stations will primarily serve
as depot stations for fleet vehicles charging between shifts or overnight. The
11.5 kW stations will provide a 15% to 100% charge for fleet standard range
vehicles (98 kWh) in approximately 10 hours, and the 19.2 kW station will
provide a 15% to 100% charge for extended range fleet vehicles (131 kWh) in
approximately 8 hours. Over time, Level 2 depot charging preserves the life
of the battery. The charging stations will be equipped with software for
managed charging, data reports, and battery preconditioning to optimize
driving range during the winter.
281
The Ford Pro charging stations are compatible with any electric vehicle with
the same connector (SAE J1772). Should the City purchase vehicles with
another connector type, the connectors can be replaced as appropriate. The
charging station installations support the City of Bozeman in the transition to
light-duty fleet electric vehicles, resulting in reduced operating costs,
greenhouse gas emissions, and improved local air quality.
The purchase complies with the State of Montana and the City's purchasing
policy under an approved cooperative purchasing agreement. Multiple
quotes were also compiled to ensure competitive pricing and services. By
authorizing the City Manager to sign the sales order, the City agrees to the
hardware and software terms and conditions.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:This sales order will incur a fixed cost of $31,645.65 to be paid by the
Sustainability Division CIP project GF353 - EV Stations in FY26. Sufficient
funding is available for the sales order and the additional electrical
permitting and installation. Upon project completion, the City will file for the
Alternative Fuel Vehicle Refueling Property Credit (30C) that is available to
tax-exempt organizations through June 30, 2026.
Attachments:
FordPro_BPSC_Sales Order.pdf
Report compiled on: September 11, 2025
282
1
About Ford Pro™
Ford Pro™ offers comprehensive charging solutions and services to help better plan, deploy and
operate electric vehicle fleets. Getting charging right is a complex undertaking and each
individual element requires effective strategy and execution to achieve value. Ford Pro™
provides a complete end-to-end solution.
Ford Pro™ customers will have access to purpose-built electric vehicles; a variety of charging
solutions; professional design, build and installation services; OEM-grade telematics data;
comprehensive charging management solutions and integrated driver reimbursement reporting.
Ford Pro™ Charging allows customers to manage and optimize fleet operations via the Ford
Pro™ Depot Charging Software. This platform maximizes fleet uptime, helps optimize charging
costs, tracks key KPIs and performance.
This Sales Order will typically have 4 elements:
• Design-Build & Installation Services
• Ford Pro™ Depot Charging Software
• Ford Pro™ Charging Hardware
• Warranty & Preventative Maintenance
Created by: Prepared for:
Steven Forbes (Ford Pro Charging)
Quote Created: 6/24/2025 8:19 PM
Natalie Meyer
Ford Pro Charging
Sales Order for
CITY OF BOZEMAN
283
2
Analysis
Ford Pro™ consultants meet individually with fleet managers to understand the unique needs of
their fleets and help recommend the best package of electric vehicles and charging solutions to
get the job done. The Ford Pro™ consulting team was founded to help educate fleet managers
on electric vehicles, behaviors and Ford Pro™ software that maximize the capability of their
electric vehicles, maximizing value to customer fleets and minimizing upfront investment.
Planning
Transitioning your fleet from gas to electric can be challenging, especially for fleets new to
electric vehicle operation. The Ford Pro™ consulting team has a toolbox of solutions to help your
fleet make the transition seamless. Ford Pro™ can also help you analyze your total cost of
ownership and understand the return on investment your fleet can unlock by transitioning to
electric.
The Ford Pro™ consulting team is here to help you get the transition right and unlock unparalleled
opportunities by electrifying your fleet.
Lowered total cost
of ownership
Save on energy and
maintenance costs
Optimized operations
with full stat visibility
Charging that supports any
vehicle make
Streamlined deployment
with timeline that hits
organization goals
Vehicles are not charged and
ready for operation
Energy costs are higher
than gas or diesel
Non-optimized fleet and lack
of centralized data and
reporting
Charging that is not scalable
or supports
multi-make
Juggling multiple vendors with
missed timelines
Ford Pro Charging
Fleet Charging Analysis & Planning
01
02
03 Get it
Right
04
05
01
02
Get it
Wrong 03
04
05
284
Implementation
• Coordinate the installation of EVSE with the
delivery of Battery Electric Vehicles
• Design of reports, and configuration of
metrics and reports, as specified by
Customer
• Integrate dispatch, routing, and scheduling
software to optimize depot charging software
platform
• Load utility rate information for each
installation site
• Introduce Customer Success Manager and
establish a meeting cadence to report on
customer preferred metrics and KPIs
Onboarding
• Activate charger data connection
• Direct and verify charger data connection to
depot charging cloud service
• Depot charging account setup and
assistance to assign vehicles to default
depots; setup users, user groups, reports,
and analytics.
• One training/onboarding session per depot
location.
Consult
& Plan
Commission
& Onboard Identify
Vehicles
Depot Charging Procure
& Install
Define
Hardware
Requirements
Design &
Construct
Ford Pro Depot Charging
Design, Build & Installation Services
3 285
Nationwide Support
Ford is collaborating with Qmerit to provide our
customers access to a nationwide network of
qualified electricians. Qmerit’s network has a depth
of experience in EV that is unrivaled. Qmerit
provides Ford customers with white glove
concierge service, working side by side with the
Ford Pro™ team to help you optimize home
charging for your fleet.
Consult
& Plan
Ship &
Install
Chargers Driver
Survey
Fleet
Manager
Sign-off
Home
Charging Identify
Homes for
Install
Installer
Estimates
Ford Pro Home Charging
Charger Purchase & Installation
4 286
Ford Pro™ Depot Charging
Ford Pro™ Depot Charging Software
Deployment of sophisticated smart-charging algorithms that ensure vehicles are reliably charged while
optimizing energy cost based on a variety of data sources such as vehicle arrival and dispatch schedules,
routing information, time-of-use (TOU) energy rates, demand charge windows, and service impacting
faults. Functionality is detailed below for the two software licenses being offered.
*For Ford Vehicles on AC and DC Chargers, For Non-Ford Vehicles on DC Chargers
**For Ford DC Chargers/Ford Vehicles
Functionality
Base
Commercial EV Suitability Assessment and TCO tools
OCPP Support
Monitoring and Management of Depot Health, Vehicle Readiness
Real-Time Charger-Vehicle Connectivity
Real-Time State-of-Charge (SoC) *
Real-Time Fault Alerts (Email, Text)
Multi-Make Vehicle Support
Demand Charge and TOU Cost Reduction (Utility Rate Integration)
Automated Energy Reporting
Preconditioning Support (Battery & Cabin)
OEM-Grade Telematics Integration **
Charge Management Profiles (Group Chargers by location or access
control settings)
Time-Based Access Controls
Energy Reporting and user subscription capability
Site Level Load Management
24X7 Customer Support
5
287
6
Ford Pro™ Depot Charging Software
• A web-based dashboard that provides a one-stop interface for remote monitoring and energy
management for each electric vehicle in the fleet
• Monitoring and management services that directly impact electric vehicle fleet operations (such as
charging station status, network connectivity, and equipment faults)
• Configurable reports with comprehensive analysis of energy dispensed, energy economy, service
status, environmental credits, and more
Ford Pro™ Depot Charging Software
Ford Pro Depot Charging
Description of Services
288
Ford Pro™ Charging offers safe, reliable and cost-effective hardware for charging fleets. In addition, we
have worked with multiple charger OEMs and networks which allows us to provide best-in-class
interoperability.
We strive to deliver charging that meets the technical requirements of your fleet as the primary objective,
regardless of the OEM and class of the vehicle.
Level II chargers (AC output) will have a much shorter lead-time than Level III chargers (DC output).
Detailed hardware information and pricing is available upon request.
Typical lead time for chargers ranges from 1-2 weeks for hardware in stock, to 4-6 months for non-stock and off-menu items.
7
Ford Pro Charging Hardware
AC Charging Hardware
Ford Pro™ AC Charging Station (Series 2)
• Available in 48A or 80A
• LCD display with real-time charging status
• RFID card reader for increased access control
• Field replaceable cable
• Preconfigured with Cellular LTE Connectivity
• 25-ft. SAE J1772 cable
289
8
Ford Pro™ Charging offers safe, reliable and cost-effective hardware for charging fleets. In addition, we
have worked with multiple charger OEMs and networks which allows us to provide best-in-class
interoperability.
We strive to deliver charging that meets the technical requirements of your fleet as the primary objective,
regardless of the OEM and class of the vehicle.
Level II chargers (AC output) will have a much shorter lead-time than Level III chargers (DC output).
Detailed hardware information and pricing is available upon request.
Typical lead time for chargers ranges from 1-2 weeks for hardware in stock, to 4-6 months for non-stock and off-menu items.
Ford Pro DC Charging Cabinet +
Industrial DC Dispenser
•Up to 180kW output power to vehicle
•Preconfigured with cellular (Wi-Fi &
Ethernet connectivity options
available with additional support)
•20-ft. 2 x CCS-1 cables
•Dispenser can be wall-mounted
Ford Pro DC Charging Station
•60kW/200A, 120kW/300A,
180kW/300A, and 240kW/300A
configurations
•Simultaneous charging
•Preconfigured with cellular (Wi-Fi
& Ethernet connectivity options
available with additional support)
•20-ft. 2 x CCS-1 cables
Ford Pro Charging Hardware
DC Charging Hardware
290
9
All Ford Pro™ chargers equipped with 3-year warranty
• Ford backed, industry leading warranty
• Ford Pro™ warranty goes beyond retail warranties to cover labor, in addition to parts
• If any issues arise with charger, simply call the 1-800-34-FLEET hotline number printed on the front of
the charger
Replacement
• For covered warranty issues, a qualified electrician will come to your charging depot or your driver's
home and swap out the unit, free of charge
Extended Service Plan
Ford Protect is now offering an extended service plan for up to 2 years beyond the 3-year Ford warranty
on Ford Pro™ AC Charging Stations.
Power up your electric vehicles with a Ford Pro Charging Station – and the peace of mind knowing it’s
covered with a Ford Protect Extended Service Plan.
Ford Protect covers everything needed to keep Ford Pro™ charging stations up and running.
With Ford Protect, we take responsibility for fixing hardware issues by providing parts, labor and
coordinating repairs by Ford authorized support specialists.
• Coverage beyond the 3-year Ford warranty for an additional 2 years
• Includes replacement or repair of any defective part on a Ford Pro™ Charging Station
• Includes parts and labor
• $0 deductible available
What is not covered: Ford Protect does not provide coverage for any defect in the covered product which is caused by any failure to comply with any instructions from Ford.
See the Service Contract Terms and Conditions for a complete list of what is not covered. The Ford Protect extended service plan is not insurance. Not available for retail sale
or any non-commercial purpose. Strict eligibility restrictions apply.
Ford Pro Charging
Warranty
291
10
Ford Pro™ Charging
What to Expect with Your Onboarding
Customer Success
Manager
Assignment
Charging
Consultation
Training on
Charging & E-
Telematics
Customized
Reporting
User &
Notification Set-
Up
Ford Pro Charging’s onboarding is a thorough and personalized experience, covering
a wide array of technical and business support. As part of your onboarding, we will:
✓ Designate a Customer Success Manager, who will centralize your onboarding
experience and coordinate behind the scenes with our team of specialists.
✓ Consult with you on the right charging and alerts, customized specific to your fleet
and depot sites.
✓ Ensure every charger is connected, optimized, and functional after installation.
✓ Train you on several areas related to charging and E-Telematics, to maximize your
uptime and energy savings.
✓ Customize your automated reporting, including who should receive, when, and how
often.
✓ Set up users within your fleet and create custom notifications to keep your team
informed in case of charging issues.
✓ DC Only: Onsite charger commissioning by charging manufacturer to ensure proper
installation and operation of unit(s). This process typically takes a few hours per DC
charger.
292
11
Ford Pro™ Depot Charging
Sales Order
We have prepared the following pricing to meet the needs of your project requirements. Upon
execution of this Sales Order, inventory will be secured in our warehouse, and we will arrange
shipment based on your specific needs.
Product Name SKU Price QTY Subtotal
(US) STATE AND LOCAL
GOVERNMENT CLIENT
COMPLIMENTARY CHARGER EV
ORDER INCENTIVE
Level II - AC 48A, Cellular Modem, RFID Reader,
OLED Display, Single Port AC Charger w/ 25 ft
Cable & J-1772 Connector with TI Chip
FPC-
AC0048ZC-
UCA
$0.00 3.00 $0.00
FORD PRO AC CHARGING STATION
48A SERIES 2 WITH TI CHIP
Level II - AC 48A, Cellular Modem, RFID Reader,
OLED Display, Single Port AC Charger w/ 25 ft
Cable & J-1772 Connector with TI Chip
FPC-
AC0048ZC-
UBA
$1,299.00 3.00 $3,897.00
FORD PRO AC CHARGING STATION
80A SERIES 2 WITH TI CHIP
Level II - AC 80A, Cellular Modem, RFID Reader,
OLED Display, Single Port AC Charger w/ 25 ft
Cable & J-1772 Connector with TI Chip
FPC-
AC0080ZC-
UBA
$1,999.00 1.00 $1,999.00
FPC-FREIGHT-AC
AC CHARGER FREIGHT
FPC-
FREIGHT-AC $30.00 4.00 $120.00
293
12
5 Year Extended Service Plan (parts and
labor) on AC Chargers
2 Year Extended Service Plan for AC chargers (5
years in total): 24/7 coverage, parts and on-site
labor, repaired by Ford Pro approved vendor, total
charger replacement
FPC-
PP0005AZ-
UBA
$395.00 7.00 $2,765.00
FORD PRO RFID CHARGING CARDS
(10 PACK)
Our Radio Frequency Identification (RFID) cards
are the key to secure charging. They work with
Ford Pro Series 2 AC Charging Stations and Ford
Pro DC Charging Stations (Ford Pro Charging
software required). Price includes shipping.
FPC-
RF000001-
UAA
$50.00 1.00 $50.00
8-FT ALUMINUM FORD PRO
CHARGING DUAL PEDESTAL W/ CABLE
MANAGEMENT
8-ft Dual Charger Mounting Pedestal with Blue
Painted Aluminum Finish and Cable Management
- Compatible with Currently Offered Ford Pro AC
Charging Station Series 1 and Series 2
FPC-
PO0096DZ-
UAA
$1,399.00 3.00 $4,197.00
8-FT ALUMINUM FORD PRO
CHARGING SINGLE PEDESTAL W/
CABLE MANAGEMENT
8-ft Single Charger Mounting Pedestal with Blue
Painted Aluminum Finish and Cable Management
- Compatible with Currently Offered Ford Pro AC
Charging Station Series 1 and Series 2
FPC-
PO0096SZ-
UAA
$1,299.00 1.00 $1,299.00
FPC-FREIGHT-POST
CHARGER POST FREIGHT
FPC-
FREIGHT-
POST
$100.00 4.00 $400.00
294
13
Ford Depot Charging 5 year Base - Tier III
Charge Management Software optimized to
reduce onsite electricity costs and manage on-site
load. Includes site level charger optimization
incorporating vehicle state of charge (Prepaid for
5 Years Per Port)
SKU-
00000294 $1,916.95 7.00 $13,418.65
One-Time Charger Onboarding 1 Year
One-time onboarding fee per charger to connect
the charger to the depot software and customize
as needed
SKU-
00000296 $500.00 7.00 $3,500.00
Total $31,645.65
Please note that this proposal is valid for 30 days upon issuance. All prices shown are in USD. Ford Pro™ recommends including an estimated 10% in purchase orders to cover expected sales tax. Actual sales tax to be
calculated based upon shipping destination. If actual tax is above purchase order provision, revised PO will be needed to cover remaining tax.
295
14
Payment Terms: Net 30
Notwithstanding a customer’s issuance of a purchase order to Ford Motor Company subsequent to the
acceptance of this Sales Order, the Ford T&Cs will strictly and solely govern the purchase and sale of the
products and services subject to this Sales Order.
Customer
Sign: \s1\
Name: \n1\
Title: \t1\
Date Signed: \d1\
Ford Pro Charging
Sign: \s2\
Name: \n2\
Title: \t2\
Date Signed: \d2\
Delivery Address
CITY OF BOZEMAN
814 N BOZEMAN AVE
BOZEMAN, Montana, 59715-2955
296
15
By signing this Sales Order, you agree to the following Terms and Conditions governing this purchase:
https://content.fordpro.com/content/dam/fordpro/us/en-us/pdf/charging/ford-pro-hardware-agreement.pdf |
https://content.fordpro.com/content/dam/fordpro/us/en-us/pdf/charging/ford-pro-software-agreement.pdf |
Pricing reflects Sourcewell #080124-FMC Ford Pro hardware & software
charging solutions.
297
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution for the Creation of Special Improvement Lighting District 793
Meadow Bridge Subdivision
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution for the Creation of Special Improvement
Lighting District 793 Meadow Bridge Subdivision
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 Commission did on August 19, 2025, adopt Commission Resolution No.
2025-XX Intent to Create Special Improvement Lighting District 793 Meadow
Bridge Subdivision as per MCA 7-12-4301. The property owner has been
noticed of the public hearing on this date. Creating a lighting district is a
requirement of final plat approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:As a result of creating this lighting district, the city will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $34.19 per acre within the district or $291.60 annually for
the entire district
Attachments:
Resolution_2025-48_Intent_to_Create_SILD (2).pdf
Report compiled on: July 30, 2025
298
RESOLUTION 2025-48
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING
TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 793 (MEADOW BRIDGE SUBDIVISION)
DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR
THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana to wit:
Section 1
Intention to Create District; Proposed Improvements. It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended, a special improvement lighting district to serve Meadow Bridge
Subdivision (the “District”) for the purpose of maintenance and energy costs. The district will pay
the maintenance and energy costs for: three (3) 73 watt Gardco EcoForm Area Luminaires with a
black finish mounted on 25 foot straight poles and two (2) 73 watt Gardco EcoForm Area
Luminaires with a black finish mounted on 30 foot straight poles for a total of five (5) light poles
299
Resolution of Intent to Create Lighting District 793
Page 2 of #NUM_PAGES#
with a concrete aggregate finish to match the existing light poles per City of Bozeman standards.
The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows:
$4.86 per 73 watt LED fixture. This calculates annually to $58.32 per 73 watt light, for an
estimated total annual cost of $291.60.
Section 2
Number of District. The District, if the same shall be created and established, shall be known and
designated as Special Improvement Lighting District No. 793 (Meadow Bridge Subdivision) of the
City of Bozeman, Montana.
Section 3
Boundaries of District. The limits and boundaries of the District are depicted on a map attached
as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which
boundaries are designated and confirmed as the boundaries of the District. A listing of each of
the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein
and made a part hereof).
Section 4
Benefited Property. The District and territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and
the territory which will benefit and be benefited by the District and will be assessed for the costs
of the District as described in Section 1. The District, in the opinion of this Commission, are of
more than local and ordinary benefit. The property included within said limits and boundaries is
hereby declared to be the property benefited by the District.
300
Resolution of Intent to Create Lighting District 793
Page 3 of #NUM_PAGES#
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion of the
maintenance and energy costs, as specified herein. The maintenance and energy costs shall be
assessed against the property in the District benefiting, based on the actual area method of
assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
Section 5. The annual maintenance and energy costs are estimated at $291.60, and shall be
assessed against each lot, tract or parcel of land in the District for that part of the costs that the
area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the
District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is
8.52764 acres, or 371,464 square feet, exclusive of parks and open space. The initial costs per
acre shall be $34.19 or $0.000785 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $291.60, plus any increases, as may be permitted by the Public Service Commission,
and any additional authorized charges shall be levied each year against all properties in the
District and shall be payable in equal semiannual installments. The first year of special
assessment billing will include an additional amount not to exceed $500 for publication and
mailing associated with creation of the District which shall be assessed in the same manner as
the improvements resulting in a cost not to exceed $92.83 per acre, or $0.002131 per square
foot.
301
Resolution of Intent to Create Lighting District 793
Page 4 of #NUM_PAGES#
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set
forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair
and/or replacement. The City may make an additional charge to the District for costs of labor and
actual material costs for repairs and/or replacement of the fixtures for damage caused by third
parties and not paid by such third parties. The City will assess such costs and charges against the
properties in the District in the same manner as the other assessment is made.
Section 8
Discontinuation of District. If at any time after the initial term of the District a petition is
presented to the City Commission, signed by the owners or agents of more than three-fourths of
the total amount of property within the District, asking that the maintenance and operation of
the special lighting system and the furnishing of electrical current in the district be discontinued,
or if a majority of the City Commission votes to discontinue the District, the City Commission
shall, by resolution, provide for discontinuing the maintenance and operation of the lighting
system. If the Commission has, prior to the presentation of a petition or by a majority vote of
the Commission to discontinue the District, entered into any contract for the maintenance and
operation of the lighting system, the maintenance and operation may not be discontinued until
after the expiration of the contract.
Section 9
Public Hearing; Protests. Written protests against the creation or modification of the District and
the costs may be filed by an agent, person, firm, or corporation owning real property within the
proposed District, whose property is liable to be assessed for the costs. Protests must be
302
Resolution of Intent to Create Lighting District 793
Page 5 of #NUM_PAGES#
delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, MT not later than 5:00 p.m.
on Friday, September 12, 2025.
If protests are received by the deadline, the City Commission will hear and pass upon all written
protests against the creation or extension of the district, on Tuesday, September 16, 2025, at
6:00 pm in the City Commission Room, Bozeman City Hall, 121 N Rouse Ave, Bozeman, Montana.
If no protests are received, the City Commission may, on the same date, time, and location, pass
a Resolution authorizing the creation or modification of the district.
Section 10
Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to
publish or cause to be published a copy of a notice of the passage of this resolution in the
Bozeman Daily Chronicle, a newspaper of general circulation in the county on August 27, 2025
and September 6, 2025, in the form and manner prescribed by law, and to mail or cause to be
mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm,
or corporation having real property within the District listed in his or her name upon the last
completed assessment roll for state, county, and school district taxes, at his last-known address,
on or before the same day such notice is first published.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 19th day of August 2025.
303
Resolution of Intent to Create Lighting District 793
Page 6 of #NUM_PAGES#
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
304
Resolution of Intent to Create Lighting District 793
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 2025-48, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 793
(MEADOW BRIDGE SUBDIVISION) DECLARING IT TO BE THE INTENTION OF THE CITY
COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO
BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT, (the “Resolution”), on file in the
original records of the City in my legal custody; that the Resolution was duly adopted by the City
Commission of the City of Bozeman at a meeting on August 19, 2025, and that the meeting was
duly held by the City Commission and was attended throughout by a quorum, pursuant to call
and notice of such meeting given as required by law; and that the Resolution has not as of the
date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof: _____
____________________ ; voted against the same: ___________ ___ ; abstained
from voting thereon: ________________ ; or were absent: _______________ .
WITNESS my hand officially this 19th day of August 2025.
___________________________________
MIKE MAAS
City Clerk
305
Resolution of Intent to Create Lighting District 793
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 793
(MEADOW BRIDGE SUBDIVISION)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on August 19, 2025, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 2025-48 to create Special Improvement Lighting District No. 793 (the “District”) for the
purpose of maintaining lighting and assessing the cost for maintenance and energy to Meadow
Bridge Subdivision, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 2025-48 is on file
with the City Clerk which more specifically describes the nature of the costs, the boundaries and
the area included in the District, the location of the Improvements and other matters pertaining
thereto and further particulars. A list of properties in the District and the amount of the initial
assessment accompanies this notice. The Resolution and accompanying exhibits may be also
viewed on the City’s website at www.bozeman.net.
The district will pay the maintenance and energy costs for: three (3) 73 watt Gardco
EcoForm Area Luminaires with a black finish mounted on 25 foot straight poles and two (2) 73
watt Gardco EcoForm Area Luminaires with a black finish mounted on 30 foot straight poles for
a total of five (5) light poles with a concrete aggregate finish to match the existing light poles per
City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly
Charge”) is estimated as follows: $4.86 per 73 watt LED fixture. This calculates annually to $58.32
per 73 watt light, for an estimated total annual cost of $291.60.
The total area of the District to be assessed is 8.52764 acres, 371,464 square feet,
306
Resolution of Intent to Create Lighting District 793
exclusive of parks and open space. The initial costs of the Improvements per acre shall be $34.19.
The first year of special assessment billing will include an additional amount not to exceed $500
for publication and mailing associated with creation of the District which shall be assessed in the
same manner as the Improvements resulting in a cost not to exceed $92.83 per acre, or
$0.002131 per square foot.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on
September 12, 2025.
If protests are received by the deadline, the City Commission will hear and pass upon
all written protests against the creation or extension of the District, or the Improvements, on
Tuesday, September 16, 2025, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse
Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date,
time, and location, pass a Resolution authorizing the creation or modification of the district.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
DATED this 19th day of August 2025.
MIKE MAAS
City Clerk
City of Bozeman
Legal Ad
Publication Dates:
307
Resolution of Intent to Create Lighting District 793
Wednesday, August 27, 2025
Saturday, September 6, 2025
308
Resolution of Intent to Create Lighting District 793
RESOLUTION 2025-XX
Resolution of Intent to create Special Improvement Lighting District No. 793 for the
purpose of maintaining lighting and assessing the cost for maintenance and energy to Meadow
Bridge Subdivision and paying maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
MIKE MAAS, City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regard to the owners in Special
Improvement Lighting District No. 793, as listed in Exhibit "B", on Friday, August 22, 2025,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
MIKE MAAS
City Clerk
309
Memorandum
REPORT TO:City Commission
FROM:Nick Ross, Director of Transportation and Engineering
Chris Saunders, Community Development Manager
Erin George, Community Development Director
Greg Sullivan, City Attorney
SUBJECT:Final Adoption of a Text Amendment to Replace Division 38.610 (Wetland
Regulations) Section 38.410.100 (Watercourse Setback) and Section
38.220.130 (Submittal Materials for Regulated Activities in Wetlands), and
Amend Section 38.700.190 (U Definitions), and Section 38.700.220 (W
Definitions) within Chapter 38 of the Bozeman Municipal Code, Application
23309
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Final adoption of the ordinance updating regulations for wetlands and
watercourses.
STRATEGIC PLAN:6.6 Habitat: Work with partner organizations to identify at-risk,
environmentally sensitive parcels contribute to water quality, wildlife
corridors, and wildlife habitat.
BACKGROUND:Identification of wetlands and mitigation of impacts to wetlands that occur
during land development is subject to both federal and location regulation.
Federal Regulation pursuant to the Clean Water Act is enforced by the
United States Army Corps of Engineers (USACE) and the Environmental
Protection Agency. Local regulation occurs per the City’s Unified
Development Code (UDC), Division 38.610 titled Wetland Regulations. Other
sections also interact with 38.610.
The City Commission directed an update to the local regulations be
prepared. An explanation of the reasoning and history of the project is
presented in the attached staff report.
The City wetlands code and USACE regulations have a general strategy that is
summarized by the following priorities: 1) avoid wetlands impacts, 2) where
wetlands impacts cannot be avoided, minimize wetlands impacts, and 3)
when wetlands impacts are incurred, mitigate the impacts. The City first
adopted local regulations to protect wetlands in 2003 by Ordinance 1604.
Local regulations have been in effect continuously since their initial
adoption. The local regulations are supplementary to federal regulations in
310
that historically, the City’s regulations have also regulated wetlands covered
by the Clean Water Act. But there are key differences between the historical
federal regulatory scheme and the City’s regulations.
Bozeman's regulations require early identification of watercourses,
wetlands, and agricultural water user facilities, and the earliest development
application stages require submittal of this material.
Bozeman’s regulations for wetlands are also coordinated with our
requirements for protecting watercourses. If a wetland is located within the
required setback for a watercourse, then the setback is expanded to include
the wetland area. It should also be noted that the City’s regulations exclude
artificially created wetlands related to irrigation and stormwater facilities.
These facilities require periodic maintenance, which is likely to conflict with
wetland protection requirements.
This project replaces Division 38.610.020 (Wetland Regulations) and Section
38.410.100 (Watercourse setback) within Chapter 38 of the Bozeman
Municipal Code and amends Section 38.220.130 (Submittal materials for
regulated activities in wetlands and watercourses). The standards and
procedures restrict certain construction and land alterations, require
issuance of permits for construction and land alterations, and set necessary
administrative procedures integrated with the City’s zoning development
review procedures.
These regulations apply to any regulated activity that may impact wetlands
and/or watercourses as defined in 38.700, known prior to or discovered
through the development review process, and verified through a site-specific
wetlands or watercourse boundary determination.
The City Commission conducted a public hearing [external link] on
September 9th,the discussion begins at 1:07:15 in the recording. After
considering the proposed regulations, scope of the directed updates, public
comment, recommendation of advisory boards, and recommendation from
staff the City Commission voted 5-0 in favor of provisional adoption. One
amendment to the draft regulations was made to extend the minimum
buffer for an isolated wetland from 10 feet to 25 feet.
UNRESOLVED ISSUES:None
ALTERNATIVES:1. Adoption of proposed ordinance
2. Denial of the proposed ordinance based on findings of non-compliance
with the applicable criteria contained within the staff report;
3. Direct modifications to the text within the ordinance.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Amendment.
311
Attachments:
Ordinance 2025-xxx Sept 23, 2025 final.docx
Sept 8 2025 CDB Wetlands Watercourse Replacement Staff
Report.pdf
Report compiled on: September 11, 2025
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Version February 2023
Ord 2156
Page 1 of 24
ORDINANCE 2025-xxx
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA TO REPEAL AND REPLACE SECTION 38.220.130 (SUBMITTAL
MATERIALS FOR REGULATED ACTIVITIES IN WETLANDS), SECTION 38.410.100
(WATERCOURSES), AND DIVISION 38.610 (WETLANDS) IN THEIR ENTIRETY AND
WOULD AT THE SAME TIME REPLACE IT WITH A NEW SET OF STANDARDS AND
SUBMITTAL REQUIREMENTS, SECTIONS 38.700.190 (U DEFINITIONS) AND
38.700.120 (W DEFINITIONS) OF THE BOZEMAN MUNICIPAL CODE WILL BE
AMENDED, APPLICATION 23309.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the applicable
purposes of state law; and
WHEREAS, pursuant to the Bozeman City Charter, the City of Bozeman has adopted and
is hereby relying upon its self-government powers recognizing pursuant to Montana law such self-
government powers must be liberally construed in favor of such power; and
WHEREAS, after proper notice, the City Commission held a public meeting on July 25,
2023, to receive information on wetlands and changing federal regulations and to give direction
on preparation of proposed amendments to the City’s wetland regulations; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Bozeman Zoning Commission held a public hearing on November 6, 2023, to receive and review
all written and oral testimony on the proposed amendments; and
WHEREAS, the Community Development Board in their capacity as Bozeman Zoning
Commission recommended to the Bozeman City Commission that Ordinance 2156, be approved
as proposed; and
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WHEREAS, after proper notice, the City Commission held its public hearing on
December 4, 2023, to receive and review all written and oral testimony on proposed Ordinance
2156; and
WHEREAS, after consideration the City Commission requested further revisions to the
draft text; and
WHEREAS, after revisions were made public notice was published and the draft
amendments made available for public review in multiple locations including electronic methods;
and
WHEREAS, after proper public notice the Community Development Board in their
capacity as the Zoning Commission, held a public hearing on September 8, 2025, to receive public
comment and consider the criteria for zoning amendments; and after completing their review
recommended approval with consideration for expansion of watercourse setbacks; and
WHEREAS, the City Commission conducted a public hearing on September 9th to receive
public comment; and
WHEREAS, the City Commission after conducting the public hearing on September 9th
considered the substance and merits and all comments and materials and by motion and vote
changed the minimum isolated wetland buffer setback from 10 feet to 25; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated § 76-2-304, and found that the
proposed amendments comply with the criteria; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City has adopted land development and use standards to protect public health, safety and
welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-
304, 76-3-102, and 76-3-501.
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2. The City adopted regulations and standards to protect and mitigate impacts to wetlands and
watercourses in 2003. The City’s regulations have concurrent jurisdiction with other
regulatory agencies.
3. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by
Resolution 5133 to establish policies for development of the community.
4. The BCP 2020, Theme 4 and Theme 7 encourage protection of the natural environment.
5. The US Supreme Court issued a decision in Sackett v. Environmental Protection Agency,
142 S. Ct. 1322 (2023), which significantly altered the scope of authority of the United States
Army Corps of Engineers (and the United States Environmental Protection Agency) in
regulating wetlands.
6. The reduction in scope of authority of the United States Army Corps of Engineers places the
City’s regulations as the primary regulatory protection for many wetlands in Bozeman’s
regulatory jurisdiction.
7. A staff report analyzing the required criteria for an amendment to the City’s regulations for
zoning review, including the amendment’s accordance with the BCP 2020, and has found
that the required criteria of Montana Code Annotated § 76-1-304 are satisfied.
8. The necessary public hearings were advertised as required in state law and municipal code
and all persons have had opportunity to review the applicable materials and provide
comment.
9. The Community Development Board acting in its capacity as the municipal Zoning
Commission considered the application materials, staff analysis and report, all submitted
public comment, and all other relevant information and recommended approval.
10. The City Commission considered the application materials, staff analysis and report,
recommendation of the Community Development Board acting in their capacity as the
municipal Zoning Commission and Planning Board, all submitted public comment, and all
other relevant information.
11. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of the decision, the required criteria for approval of this Ordinance are
satisfied.
12. The City Commission determines that this Ordinance provides a proper balance of interests,
rights, and responsibilities of all parties affected by this Ordinance and is necessary to protect
public health, safety, and the general welfare.
Section 2
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That Section 38.220.130 Submittal materials for regulated activities in wetlands, Bozeman
Municipal Code shall be repealed in its entirety and replaced as follows:
Sec. 38.220.130. Submittal materials for review of activities in or adjacent to wetlands and
watercourses.
A. An applicant for a permit under this chapter on a site where wetlands and/or watercourses
may be present or adjacent to the subject property must submit a wetlands and watercourses
delineation report including the following information:
1. If wetlands or watercourses are not present on or adjacent to the subject property, a
letter signed by a qualified wetlands professional must be submitted to the city
certifying there are no wetlands or watercourses within the subject property or adjacent
to the property and describing the methods used to determine that wetlands or
watercourses do not exist on or adjacent to the property.
2. If a wetland or watercourse is present or adjacent to the property, a wetland and
watercourse delineation report must be submitted to the city. When required to
determine the wetland or watercourse location and function, the delineation report
must consider land outside the boundary of the property proposed for development.
a. The wetland and watercourse delineation report must include the following which
must have been developed within five (5) years of the date of the submission of
the report:
(1) Wetland and watercourse descriptions;
(2) An Approved Jurisdictional Determination provided by the USACE;
(3) A functional assessment of the wetland, made in compliance with an
assessment tool currently accepted by USACE and/or the State of Montana.;
(4) All data collected must support accurate confirmation of the three positive
wetland indicators as included in the definition of wetland at 38.700.210;
(5) Wetland and watercourse acreages as determined by a licensed surveyor (the
review authority may approve the use of other survey grade GPS methods);
(6) Maps that depict property boundaries, watercourse centerlines, ordinary
high-water marks delineated in accordance with the procedures specified in
the current version of the Ordinary High Water Mark Field Delineation
Manual for Rivers and Streams sanctioned by the USACE Omaha District,
watercourse setbacks, delineated wetland boundaries and buffers, and
wetland acreages;
(7) Wetland data on forms established by the USACE;
(8) A determination of watercourse status issued by the Gallatin County
Conservation District; and
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(9) A narrative description of how the applicant will first avoid and if avoidance is
not possible, minimize and mitigate impacts to wetlands and watercourses.
3. If development activities are proposed in or adjacent to watercourses or wetlands the
following additional information is required in the wetlands and watercourse
delineation report:
a. A site plan consisting of an accurate scaled drawing which shows: the boundaries
of the subject property; delineated wetland and watercourse boundaries; wetland
buffer boundaries; watercourse setbacks; and all existing and proposed structures,
roads, trails, and easements. The site plan must provide a table of existing wetland
jurisdictional status, acreage and respective functional classes for each wetland,
previously required wetland buffers and acreage for each wetland, and linear feet
of all watercourses. In addition, all direct impacts to wetlands, watercourses,
setbacks, and buffers must be depicted and summarized in a table on the site plan.
The summary table must include: the wetland/watercourse identification number;
labeling of the corresponding wetland buffer or watercourse setback with its width
and acreage; the acreage of the subject property and of each wetland, watercourse,
and wetland buffer or watercourse setback; notation of the wetland jurisdictional
status; proposed impacts within all wetland buffers and watercourses setbacks;
and, proposed mitigation methods and acreages.
b. All indirect impacts must be summarized in a narrative section of the application.
c. Application materials for all applicable permits identified in 38.220.020.
d. A wetland review checklist with each element confirmed as complete.
4. Mitigation Report. If in review of the required submittal materials the review authority
determines adverse impacts to wetlands or watercourses will occur, the following
information must be submitted to the city in the form of a mitigation report:
a. The mitigation report must:
(1) Identify proposed mitigation consistent with the priorities listed in
38.610.100 and the rationale for the applicant’s preferred mitigation.
(2) Include the following: the name and contact information of the applicant; the
name, qualifications, and contact information for the primary author of the
mitigation report; a description of the mitigation proposal; a summary of the
direct and indirect impacts; identification of all local, state, and federal
wetland or watercourse-related permits required for the proposed mitigation;
and a vicinity map for the project.
(3) An assessment of existing conditions in the area of the proposed mitigation
including vegetation community structure and composition, existing
hydroperiod, existing soil conditions, and existing wetland functions.
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(4) An assessment of the potential changes in wetland hydroperiod for the
proposed project.
(5) A description of the proposed mitigation actions for wetlands, watercourses,
setbacks, and buffer areas and how the design has been modified to first
avoid, and if avoidance is not possible then minimize or reduce impacts to
the wetland hydroperiod. Provide specifications for all proposed
compensatory mitigation for unavoidable impacts to wetlands and their
buffers and to watercourses and their setbacks. Include a map and table with
all proposed mitigation areas and their required buffers.
(6) Field data that documents the existing conditions of the proposed mitigation
sites.
(7) An analysis of the anticipated post development hydrologic and soil
conditions on the project site hydrologic and soil conditions of the mitigation
wetlands based on the proposed mitigation (e.g., data that demonstrate
hydrologic conditions (e.g. piezometer data, staff/crest gage data, hydrologic
modeling, visual observations; data that demonstrate soil conditions (e.g.,
data from hand-dug or mechanical soil pits or boring results). The applicant
may not rely on NRCS soil survey data for establishing existing conditions.
(8) A planting plan and schedule by proposed community type and hydrologic
regime, size and type of plant material to be installed, spacing of plants,
typical clustering patterns, total number of each species by community type,
timing of installation, nutrient requirements, watering schedule, weed
control, and, where appropriate, measures to protect plants from damage.
(9) A mitigation monitoring plan must include a period of not less than five
years and establish the entity responsible for long-term operations,
maintenance, and monitoring and the methods the applicant will use to
ensure the mitigation meets the objectives established by the plan.
(10) Wetland mitigation performance criteria for mitigation wetlands and buffers
(measurable standards reflective of expected development goals established
for each year after the mitigation site is established, e.g., "At the end of five
years there will be an 80 percent survival of the planted shrubs and trees").
(11) Contingency plans which clearly define courses of action or corrective
measures if performance criteria are not met including strategies for adaptive
management and change in mitigation option and the entity responsible for
implementing any required contingency plans.
b. The mitigation report must include scaled plan sheet(s) for the mitigation plan.
The scaled plan sheet(s) must contain, at a minimum:
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(1) The surveyed edges of existing wetlands and buffers; the proposed location
and acreage of wetlands and buffer impacts; and the location of proposed
wetland and buffer mitigation areas.
(2) Surveyed topography at half-foot contour intervals in the area of the
proposed mitigation if any grading activity is proposed in the proposed
mitigation area.
(3) Provide an existing and proposed mitigation design cross section for the
wetland and/or buffer proposed mitigation areas.
c. A description of ongoing management practices that will protect and maintain the
any nonimpacted wetland areas and the proposed mitigation wetland, watercourse,
and buffer areas.
B. If agricultural water user facilities are present then the development application must
include application materials required pursuant to 38.220.060, 38.360.280, and 38.410.060.
C. An as-built plan of the affected area within six months of completion.
Section 3
That Section 38.410.100, Watercourse Setback, Bozeman Municipal Code shall be repealed in its
entirety and replaced as follows:
Sec. 38.410.100. Watercourse setback.
A. The purpose of this section is to protect watercourses and the land adjacent to ensure bank
stabilization; sediment, nutrient and pollution removal; provision of habitat and shade; and
flood control.
B. Where a parcel proposed for development contains a watercourse, the development is
prohibited from placing structures (such as buildings, parking lots, or other impervious
surfaces), an addition to an existing structure, any fill material (other than that required for
exempt uses), other similar improvements within required watercourse setbacks.
C. The development may integrate the watercourse and watercourse setbacks with required
parklands and open space subject to division 38.420.
D. The requirements of this section may not be less restrictive than the requirements of the city
floodplain regulations or any other applicable regulation of this chapter.
1. The watercourse setbacks must be measured from the ordinary high-water mark as
defined in 38.700.090 and as depicted on Figure 38.410.100-1. When no ordinary high-
water mark is discernible, the watercourse setback must be measured from the top of
the watercourse bank.
2. The following apply to all developments.
a. Setbacks. The following setback requirements must be met:
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(1) East Gallatin River. A minimum 100-foot setback must be provided along
both sides of the East Gallatin River.
(2) Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback
must be provided along both sides of Sourdough/Bozeman and Bridger
Creeks.
(3) Other watercourses. A minimum 50-foot setback must be provided along
both sides of all other watercourses.
(4) All watercourse setbacks must be extended as necessary to address the
following additional requirements;
(a) The setback must extend to the delineated boundary of the regulated
flood hazard area pursuant to 38.600.130.B where the regulated flood
hazard boundary is larger than the setbacks established in this
subsection D.2.a (see Figure 38.410.100-2);
(b) The setback must incorporate a minimum 50-foot wetland setback from
the delineated boundary of any wetlands adjacent to the watercourse. A
larger setback may be established per 38.610. A wetland is adjacent to a
watercourse when some or all of the wetland lies within the required
watercourse setback. Figure 38.410.100-3.
b. The relocation of a watercourse, if approved by the review authority, is not
subject to the restrictions of subsection D.2.a.
c. Allowed encroachments. The watercourse setback is divided into two zones. Zone
1 consists of the 60 percent of the setback closest to the watercourse, and Zone 2
consists of the 40 percent of the setback furthest from the watercourse. The
following describes exceptions for development in Zone 1 and Zone 2:
(1) On-site stormwater treatment facilities may be located in Zone 2.
(2) Trails and trail-related improvements may be placed within the watercourse
setback subject to the following:
(a) Trails, and trail-related improvements such as benches and trail signage,
may be placed in Zone 2;
(b) Limited, non-looping developed spur trails to the edge of the
watercourse may cross all zones. Benches and limited
informational/interpretive signage may be placed in Zone 1 at the
terminus of spur trails;
(c) Due to topography, avoidance of wetlands, or geographical constraints,
portions of non-spur trails may be placed in Zone 1. Trail construction
within Zone 1, inclusive of watercourse crossings and spur trails may
not exceed the length of 300 percent of the width of the applicable
watercourse setback per 500 lineal feet of watercourse;
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(d) All trails must be constructed to minimize bank instability,
sedimentation, nutrient and pollution runoff. Trails must be aligned to
minimize damage to plant and wildlife habitat; and
(e) Trails crossing the watercourse and trail-related bridge structures may
be located within all zones provided that the appropriate local, state and
federal permits are obtained.
(3) Streets, active transportation pathways, utility lines, or similar public
construction may be permitted within all zones for the purpose of crossing a
watercourse, compliance with an adopted city plan, or protecting public
health and safety. The following practices must be observed:
(a) Crossings must be minimized to the greatest extent feasible while still
complying with other applicable standards of this code;
(b) Crossings with direct angles (90 degrees) must be used to the greatest
extent feasible instead of oblique crossing angles;
(c) Construction must be capable of withstanding 100-year flood events;
and
(d) A bank stabilization plan for all watercourse crossings must be prepared
and approved by the review authority prior to site preparation and
installation of the improvement.
(4) Outlets from stormwater treatment facilities may pass through all zones,
provided that all required permits are obtained. Stormwater facilities must be
designed to prevent the discharge of untreated stormwater directly into a
watercourse.
(5) Ongoing control of noxious weeds by the property owner is required and
activities required within limits outlined in any approved noxious weed
control plan may occur in all zones.
d. Setback planting. To ensure watercourse setback function, a setback planting plan
must be prepared by a qualified landscape professional and must be reviewed and
approved by the review authority prior to the commencement of development or
site preparation. The plan must include a schedule, and plantings must be depicted
on the plan as follows:
(1) Zone 1: Zone 1 must be (re)vegetated with new or existing native materials
suited for a riparian area based on the following. One hundred percent of the
disturbed areas of Zone 1 must be planted with a ground cover of native
riparian trees, sedges, forbs, and grasses suited for the area. In addition, a
minimum of one shrub for every ten linear feet and one tree for every 30
linear feet of the watercourse must be planted along each side of the
watercourse. Grouping or clumping of trees and shrubs as appropriate in a
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riparian area is encouraged. Species that are appropriate to the soil
hydrologic conditions are required. Tree and shrub species selected must be
suitable for the climate and for planting in a riparian area with an emphasis
on native species. Incorporation of existing healthy vegetation of types
required in this section within the setback planting plan is encouraged.
(2) Zone 2: Disturbed areas of Zone 2 must be revegetated with new or existing
native grasses suited for the area. plantings in this area must be maintained in
a natural state consistent with the approved setback planting plan and
managed for good plant health.
(3) The property owner is responsible for maintenance of the watercourse
setback landscaping. If it can be demonstrated that irrigation is present for
the trees and shrubs, and fencing is provided for the trees and shrubs, the
number of required trees may be reduced to one tree for every 60 linear feet
and one shrub for every 20 linear feet of the watercourse along each side of
the watercourse.
(4) Planting materials are exempt from the size requirements of 38.550.050.F.
(5) To prevent soil erosion and the invasion of noxious weeds, the watercourse
setbacks must be covered with existing vegetation or must be seeded with
native grasses as soon as seasonally feasible.
(6) Use of native grasses, forbs, sedges, trees, and other herbaceous plants in
areas of disturbance (e.g., bridges, culverts, utilities installation, trails) within
the watercourse setback is required.
e. If irrigation is to be installed in the setback, an irrigation plan must be provided
pursuant to 38.220.100 and the irrigation system, but not the plantings, must
comply with requirements outlined in the most recent version of the City of
Bozeman Landscape and Irrigation Performance and Design Standards Manual.
f. Except as otherwise allowed in subsections D.2.c and D.2.d of this section,
disturbance of soils and existing vegetation is prohibited in the setback.
g. Nothing in this section prohibits an owner of affected property from:
(3) Combining two or more lots to assemble a larger and more usable lot;
(4) Petitioning the state department of fish, wildlife and parks and the county
conservation district to reclassify the watercourse as exclusively an irrigation
water user facility; or
(5) After receipt of required permits, and prior approval by the review authority,
relocating the watercourse and associated setbacks and requirements.
E. An applicant may request relief from the provisions of this division by:
1. Applying for a variance to dimensional standards of the watercourse setbacks as
allowed by and subject to the requirements of division 38.250;
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2. When applicable, seeking a deviation to dimensional standards of the watercourse
setback as allowed by and subject to the requirements of division 38.430;
3. A departure from the watercourse setback may be approved by the review authority
when the review authority has made the following findings:
a. The applicant has demonstrated by sufficient evidence the site cannot be
developed in compliance with the setback standards;
b. The property received preliminary plat approval or other final approval to
develop prior to July 10, 2002;
c. Application of the applicable watercourse setback and other applicable
setbacks causes an existing parcel to have its buildable area reduced to 25%
or less of the total lot area. Notwithstanding the above, the review authority
may grant a departure greater than 25% from the applicable watercourse
setback if the review authority determines other criteria of this subsection E.3
are met and the encroachment on the watercourse setback will not adversely
affect sediment, nutrient and pollution removal or the provision of habitat and
shade or flood control and will not have an adverse effect upon the
stabilization of the watercourse bank; and
d. The departure may not reduce a setback to less than:
(1) 100-foot setback adjacent to or within the regulated flood hazard area of
the East Gallatin River.
(2) 35-foot setback adjacent to or within any regulated flood hazard area of
any other watercourse.
(3) A portion of the required setback, immediately adjacent to the ordinary
high-water mark, must be left in a natural vegetative state or be subject
to a setback planting plan as follows:
(a) East Gallatin River—60 feet.
(b) Other watercourses—21 feet.
4. Miscellaneous.
a. The watercourse setback must be depicted on all preliminary plats and plans. A
note identifying presence of watercourse and setbacks must be provided on final
plats and plans and include notice that setback standards are subject to change
prior to future development within the subdivision.
b. This section does not apply to uses, activities, and structures which existed on or
before July 10, 2002, including agricultural uses, agricultural water user facilities,
lands controlled in the conservation reserve program. Any agricultural uses,
activities, or structures established after July 10, 2002 must comply with these
regulations.
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FIGURE 38.410.100 - 1. WATERCOURSE MINIMUM NUMERIC SETBACKS
FIGURE 38.410.100 - 2. WATERCOURSE SETBACKS WITH A REGULATORY FLOOD HAZARD
AREA
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FIGURE 38.410.100 - 3. WATERCOURSE SETBACKS WITH ADJACENT WETLANDS
Section 4
That Division 38.610, Wetland Regulations, Bozeman Municipal Code shall be repealed in its
entirety and replaced as follows:
DIVISION 38.610, WETLAND REGULATIONS
Sec. 38.610.010. Title and applicability/Jurisdiction.
A. This division may be cited as the “wetlands regulations”.
B. These wetland regulations apply to land which exhibit positive wetland indicators for all
three wetland parameters defined in 38.700.210.
C. These wetland regulations apply to applications for development that may impact wetlands,
and these regulations also apply to actions that modify or impact a wetland on land not
associated with the development proposal.
D. The city has concurrent jurisdiction over federally jurisdictional wetlands, defined as
wetlands that are regulated by a federal agency.
E. The regulations in this division do not require mitigation of wetlands created by agricultural
water user facilities or wetlands created by stormwater facilities.
F. The obligation to comply with issued approvals and maintain approved mitigation runs with
the land.
G. This division 38.610 does not repeal, abrogate, supersede, or impair any existing restriction
imposed by federal or state law. This division may impose more stringent requirements than
federal or state law. If this division imposes greater or more stringent requirements than a
privately imposed deed restriction or agreement, the provisions of this division control.
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Sec. 38.610.020. Intent and purpose.
A. Wetlands perform important public health, safety, and welfare functions. The intent and
purpose of this division 38.610 is to protect, preserve and enhance wetlands to provide:
1. Aquifer recharge;
2. Water storage;
3. Regional stream hydrology (discharge and recharge);
4. Flood control and storage;
5. Sediment control (filter for sediments and nutrients);
6. Nutrient removal from urban and non-point source runoff;
7. Habitat for fish, wildlife and plants (including those that are endangered or threatened);
and
8. Erosion control.
B. Wetlands provide important values that enhance the quality of life of community residents
and benefit the public welfare of the community. It is the intent of this division 38.610 to
protect, preserve and enhance wetlands to provide:
1. Recreation;
2. Open space;
3. Aesthetic considerations;
4. Education and research;
5. Historical, cultural and archaeological resources; and
6. Reduce public costs related to wastewater discharge permit compliance and water
quality enhancements and protections.
C. Wetlands can present significant constraints to development. It is the intent of these
regulations to protect public and private facilities and structures from damage, minimize
risk to public and private development, and reduce maintenance costs.
D. This division requires an applicant to first avoid impacts to wetlands and if avoidance is not
feasible to minimize impacts and mitigate impacts. Minimization of regulated activities
within regulated areas may be achieved by integration of regulated areas with required
parklands and open space. This division recognizes that impacts to regulated areas may
occur to advance other adopted policies and goals of the city.
E. Nothing in this division 38.610 may be construed to prevent irrigators from diverting water
pursuant to water rights or owners of such rights from exercising those rights including
maintenance of agricultural water conveyance facilities.
F. Nothing in this division 38.610 may be construed to prevent compliance with applicable
state or federal statutes and regulations.
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G. The purpose of this division is to balance the benefits of land development, such as housing
and job creation, with the benefits wetlands provide to the community.
Sec. 38.610.030. Application of wetland regulations.
A. These regulations apply to any regulated activity as described in 38.610.050 which may
impact wetlands and which impacts are known prior to, or discovered through the
development review process, and which are verified through a site-specific wetland
boundary delineation. When any regulated activity is proposed, a wetlands boundary
delineation must be conducted. If the wetlands delineation indicates wetlands are not
present on or adjacent to the property, the review authority may determine these regulations
do not apply. If wetlands exist on the property, the proposed development is subject to these
wetland regulations and the provisions of this division 38.610 will be applied in addition to
any other applicable regulations of this code. If site conditions exist that indicate wetlands
could potentially be present on the property, the review authority may require the following
be provided with the submittal of an application for development:
1. A wetlands boundary delineation pursuant to 38.220.130 and 38.610.040 must be
prepared by a qualified wetland professional in accordance with the most current
version of the USACE Wetland Delineation Manual of the U.S. applicable to the
USACE Omaha District and Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Western Mountains.
2. A qualified wetland professional is an individual with a minimum of a bachelor's
degree in a water resource related field, five years' experience in a wetland related
field, and/or a professional wetland scientist certification.
3. If wetlands do not exist on the subject property, a letter from a qualified wetland
professional must be submitted certifying the same.
B. Wetlands which are not within the jurisdiction of a federal agency, and which are less than
400 square feet are exempt from this division 38.610 unless the wetland provides habitat for
the following species as confirmed by a state or federal agency:
1. Habitat for plant, animal or other wildlife species listed as threatened or endangered
under federal law;
2. Habitat for plant, animal or other wildlife species listed as a species of concern, species
of potential concern, or species on review as determined by the state; or
3. A portion of a mosaic of wetland areas interspersed with upland areas and other habitat
types with interconnected ecological functions.
C. Any development for which the watercourse setback requirements of 38.410.100 are
provided and do not result in any wetland impact is considered to have addressed the
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requirements of this division 38.610. Notwithstanding the above, the permitting regulations
of this division for activities identified in 38.610.050 apply.
D. Applicants must avoid impacts to regulated wetlands. If the applicant demonstrates impacts
to wetlands cannot be avoided, the review authority may approve development that impacts
wetlands if such impacts are minimized, and appropriate mitigation is provided.
Sec. 38.610.040. Wetlands boundary and jurisdictional determinations.
A. The USACE is the only entity that may issue an Approved Jurisdictional Determination.
B. The review authority may rely on the wetland delineation and the Approved Jurisdictional
Determination submitted with the application.
1. If the Approved Jurisdictional Determination indicates federal jurisdiction over the
wetlands exists, and impacts to the wetlands are proposed, the applicant must submit a
copy of the applicant’s Clean Water Act Section 404 permit application to the city
concurrent with the application for development under this chapter.
2. If the Approved Jurisdictional Determination indicates federal jurisdiction over the
wetlands does not exist, and impacts to the wetlands are proposed, the applicant must
comply with the regulations of this chapter and obtain approval from the review
authority for any impacts and the required mitigation. The city will determine the extent
of and means of mitigation subject to 38.610.100.
3. Regardless of jurisdictional status, the city will review the submitted material under
local jurisdiction for any regulated activities in a wetland. All development is subject to
the review process of division 38.230.
4. If federal jurisdiction is later determined to exist, the applicant must comply with any
requirements of USACE.
5. Approval by the city to impact wetlands in no way implies a determination by the city of
USACE jurisdiction or federal regulations.
6. A wetland delineation and boundary determination are valid for five years from the
original report date.
Sec. 38.610.050. Regulated activities.
A. The activities listed in this section are prohibited within a wetland, regardless of federal or
city jurisdictional status unless the proposed activity is approved by the entity having
jurisdiction.
B. Any activity which reduces the size of a wetland or reduces the degree to which a wetland
performs any function identified in the wetland delineation report is subject to the
requirements of this division 38.610. Such activities include but are not limited to:
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1. Placement of any material, including any soil, sand, gravel, mineral, aggregate, organic
material, or water;
2. Construction, installation, or placement of any obstruction, or the erection of a
building, trail, boardwalk, or other structure;
3. Removal, excavation, or dredging of solid material of any kind, including any soil,
sand, gravel, mineral, aggregate, or organic material;
4. Removal of any existing vegetation or any activity which will cause any loss of
vegetation;
5. Alteration of the surface water level or ground water table by any means, including
draining, ditching, trenching, impounding, or pumping; and
6. Disturbance of existing surface drainage characteristics, sedimentation patterns, flow
patterns, or flood retention characteristics by any means, including grading and
alteration of existing topography.
Sec 38.610.060. Activities allowed without a permit.
A. Except for wetlands under federal jurisdiction, the activities listed in this section are
permissible without prior approval by the review authority, if such activity does not reduce
the size of a wetland or does not significantly reduce the degree to which a wetland
performs any function. Notwithstanding the above, such activity must comply with any
other applicable local, state, or federal law. Activities permissible without a city
development approval may include:
1. Maintenance of an existing and lawful public or private road, structure or facility,
including but not limited to drainage or stormwater facilities, water conveyance
structures, dams, fences, trails, or any facility used to provide transportation, electric,
gas, water, telephone, telecommunications or other services provided that these
activities do not materially change or enlarge any road, structure or facility;
2. Maintenance of an existing farm or stock pond, an agricultural water user facility,
agricultural fence, or drainage system;
3. Weed control consistent with a Noxious Weed Management and Revegetation Plan
approved by the county weed control district or other maintenance activities to remove
or control state identified noxious weeds;
4. Continuation of existing agricultural practices such as the cultivation and harvesting of
hay or pasturing of livestock, or a change of agricultural practices which has no greater
impact on wetland function;
5. Conservation or preservation of soil, water, vegetation, fish, and other wildlife;
6. Outdoor recreational activities, such as fishing, bird watching, hiking, floating, and
swimming which do not harm or disturb the wetland;
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7. The harvesting of wild crops;
8. Education and scientific research;
9. Minor improvements and landscape maintenance outside a wetland but within a
previously approved watercourse setback or wetland buffer, including but not limited
to the pruning of trees, mowing of grass, and removal of dead vegetation and debris;
and
10. Activities in a wetland previously approved pursuant to a wetland permit or city
development approval, including but not limited to removal of debris and maintenance
of vegetation and wildlife habitat.
B. If federal jurisdiction exists, the applicant must comply with all requirements of the USACE
or any other state or federal agency having jurisdiction.
Sec. 38.610.070. Application requirements and procedures for activities in wetland areas.
A. All proposals for regulated activities in wetlands areas must be reviewed by the review
authority. The applicant must prepare a functional assessment for all wetlands using an
assessment tool currently accepted by the Omaha District of the USACE or the State of
Montana. If wetland impacts are proposed in association with a development permit,
application must follow the review process for the development permit.
B. If a regulated activity is proposed for a regulated wetland area, but the regulated activity is
not proposed in conjunction with a land development proposal, the applicant must submit a
sketch plan application for decision by the review authority.
C. The applicant is prohibited from taking or engaging in a regulated activity that impacts a
wetland until authorized to do so by the review authority.
D. The applicable information required in division 38.220 must be submitted for all regulated
activities proposed for regulated wetland areas.
Sec. 38.610.080. Review standards/Minimum Wetland Buffer.
A. The review authority may approve an application under this division 38.610 after having
considered the applicant’s documentation of:
1. The functions and values described in 38.610.030 and as determined by a USACE
accepted method of functional assessment of the wetland that may be affected by the
proposed regulated activity;
2. The extent and permanence of adverse effects of the regulated activity on the wetland
and any associated watercourse;
3. Any proposed mitigation; and
4. The applicant’s demonstration:
a. that any unavoidable adverse impacts on the wetland have been minimized; and
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b. the activity will result in minimal impairment to any wetland function, including
the following:
1. Plant, animal or other wildlife species listed as threatened or endangered
under federal law; or
2. Plant, animal or other wildlife species listed as a species of concern, species
of potential concern, or species by the state.
B. Minimum Wetland Buffer. All development must provide a minimum wetland buffer of
25 feet from the edge of the delineated wetland wherein any disturbance to the wetland
buffer including construction activities is prohibited. The review authority may require a
larger wetland buffer based on the wetland delineation report.
Sec. 38.610.090. Wetland approval conditions.
The review authority may require mitigation as provided for in 38.610.100 and impose
conditions of approval for proposed regulated activities that are necessary to mitigate impacts to
wetlands, or which are necessary to mitigate infringement upon wetlands and wetland buffers, or
negative indirect or direct effects on the functionality of wetlands and wetland buffers.
Conditions of approval may include but are not limited to, the following:
A. Notwithstanding the minimum wetland buffer, requiring a wetland buffer of a size
appropriate for the proposed activity and the regulated wetland as determined by the review
authority;
B. Requiring structures be appropriately supported and elevated or otherwise protected against
hazards;
C. Modifying proposals for waste disposal, stormwater, or water supply facilities;
D. Requiring protective covenants between the landowner and the city regarding the future
development, use, and subdivision of lands, including but not limited to the preservation of
undeveloped areas as open space and restrictions on vegetation removal;
E. Requiring a protective covenant between the landowner and the city stating the measures
that will be taken to protect all water resources, mitigation, and buffer areas;
F. Requiring erosion control and stormwater best management practices (BMPs);
G. Clustering structures or development;
H. Restricting fill, deposit of soil, and other activities which may be detrimental to a wetland;
I. Modifying the project design to ensure a reliable source and flow of water to the regulated
wetland;
J. Requiring or restricting maintenance of a regulated wetland area for the purpose of
maintaining wetland functions;
K. Requiring a mitigation monitoring report to be submitted to the review authority (the period
and frequency of the reporting will be determined on a case-by-case basis); and
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L. Requiring that all reasonable effort be made to limit indirect impacts to vegetation and
hydrological connectivity in the site design.
Sec. 38.610.100. Wetland mitigation.
A. Adverse wetland impacts must be mitigated regardless of wetland jurisdictional status in the
following order of priority except as may be required or authorized by the USACE for
wetlands within USACE jurisdiction:
1. Impacts must be mitigated on-site where feasible to do so. Using an approved wetland
functional assessment methodology, the replacement function and value of the on-site
mitigation wetland must meet or exceed the functions and values of the impacted
wetland. If conditions are not suitable for establishing on-site mitigation, the review
authority may authorize an alternative mitigation as described in subsections A.2-6.
On-site mitigation must be conducted in accordance with methods and standards
established by the USACE. Factors the review authority may consider in determining
feasibility of on-site mitigation include but are not limited to: available area; the
availability and reliability of water to serve the mitigation site; soil and vegetation
types; wetland size and functional class; existing and future land use; compliance with
adopted land use plans; and the city’s current and future planned transportation
network.
2. If mitigation is not suitable on-site, impacts must be mitigated through the purchase of
wetland mitigation credits from a wetland bank authorized by the USACE and which is
located within the East Gallatin River watershed.
3. If an authorized wetland bank is not available in the East Gallatin watershed, impacts
must be mitigated through the purchase of wetland mitigation credits from a wetland
bank authorized by USACE and which is located within the Gallatin River watershed;
4. If a wetland bank is not available within the Gallatin River watershed, the developer
must provide a proportional payment to an in-lieu fee wetland mitigation provider
authorized by the USACE to develop wetland mitigation projects within the Gallatin
River watershed; and
5. If a wetland in-lieu fee provider authorized by the USACE is not available within the
Gallatin River watersheds, the developer must obtain wetland mitigation credits from
the geographically nearest wetland bank authorized by the USACE.
B. The city commission may, pursuant to Resolution, establish standards that:
1. Require a decrease in the compensatory value of mitigation bank credits as distance to
the bank increases from the location of wetland adversely impacted; and
2. Ensure the amount of mitigation credits or acreage of wetland mitigation required are
reasonably related to the area and functional class of the impacted wetland.
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Sec. 38.610.110. Administrative procedures authorized.
A. The city manager or designee may adopt and amend administrative procedures to
implement this division. The administrative procedures include, but are not limited to, the
following items:
1. Guidelines necessary to conduct an analysis of alternatives to the proposed action
related to the prioritization of mitigation as provided for in 38.610.100;
2. Coordination with stormwater management practices;
3. Coordination with USACE to avoid duplication of wetland mitigation bank credits;
4. Procedures for provision of payment to USACE authorized in-lieu-fee provider for
wetland impacts or mitigation;
5. Requirements for wetlands delineation and wetland Jurisdictional Determination
reports;
6. Procedures for certification of wetland delineation and opinion of wetlands
jurisdictional status reports;
7. Guidelines related to the content of a required monitoring report;
8. Procedures to implement 38.610.100 including procedures related to timing of
mitigation prior to construction of construction of improvements;
9. Requirements for wetland mitigation plans including ensuring long-term protections
for off-site mitigation such as an easement or protective covenant that cannot be
removed without consent of the city;
10. Fees for wetland review and mitigation prioritization; and
11. Guidelines for local in-lieu-fee program
Section 5
That Section 38.700.190. - U definitions, Bozeman Municipal Code shall be amended as follows
to add:
USACE. When referred to in this chapter, USACE means the United States Army Corps of
Engineers.
Section 6
That Section 38.700.210. - W definitions, Bozeman Municipal Code shall be amended as follows:
Watercourse Setback. A fixed distance applied from the ordinary high-water mark.
Wetland.
A. Those areas that are inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a
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prevalence of vegetation typically adapted for life in saturated soil conditions, and meet the
established criteria briefly described below:
1. Vegetation. A prevalence of hydrophytic vegetation. Hydrophytic species, due to
morphological, physiological, and/or reproductive adaptation, have the ability to grow,
effectively compete, reproduce, and/or persist in anaerobic soil conditions.;
2. Soils. A hydric soil is a soil that formed under conditions of saturation, flooding, or
ponding long enough during the growing season to develop anaerobic conditions in the
upper part.; and
3. Hydrology. The area is inundated either permanently or periodically, or the soil is
saturated to the surface at some time during the growing season of the prevalent
vegetation at a duration sufficient to induce anaerobic and reducing conditions.
Wetland Buffer. Except for the minimum buffer established by this chapter, a variable distance
applied from the edge of a delineated wetland and determined by the review authority based on
an analysis of the resource and expected adjacent activities as necessary to protect the wetland
from adverse impacts to its function and value.
Section 7
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 8
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 9
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
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decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 10
Codification.
This Ordinance shall be codified as indicated in Section 2 – 6.
Section 11
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 9th day of September 2025.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
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FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 23rd of
September 2025. The effective date of this ordinance is October 25, 2025.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
336
Page 1 of 13 23309 Staff Report for the Replacement of the Wetland and Watercourse
Regulations
Public Hearing Dates: Community Development – Sept 8, 2025, continued from August 18, 2025
City Commission – September 9, 2025
Project Description: Replace Division 38.610 (Wetland Regulations) and Section
38.220.130 (Submittal Materials for Regulated Activities in Wetlands), and amend
Section 38.700.190 U Definitions, and Section 38.700.220 W Definitions within
Chapter 38 of the Bozeman Municipal Code.
Project Location: Revision to the text is applicable City-wide.
Recommendation: Meets applicable criteria.
Recommended Community Development Board Motion: Having reviewed and considered
the staff report, draft ordinance, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 23309 and move
to recommend adoption.
Recommended City Commission Motion: Having reviewed and considered the staff report,
draft ordinance, public comment, recommendation from the Community Development
Board, and all information presented, I hereby adopt the findings presented in the staff
report for application 23309 and move to provisionally adopt the ordinance.
Report: August 27, 2025
Staff Contact: Chris Saunders, Community Development Manager
Nick Ross, Director of Transportation and Engineering
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
None
Project Summary
The City of Bozeman first adopted local regulations to protect wetlands in 2003 by Ordinance
1604 [External Link, PDF]. Local regulations have been in effect continuously since initial
adoption. Mitigation of impacts to wetlands that occurs during land development is subject to
both federal and local regulation. Federal regulation pursuant to the Clean Water Act is
enforced by the United States Army Corps of Engineers (USACE). Local regulation occurs
per the City’s Unified Development Code (UCD) Division 38.610, titled Wetlands
Regulations. Prior to the United States Supreme Court’s recent decision in Sackett v. 337
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Environmental Protection Agency, 142 S. Ct. 1322 (2023), the USACE (and the EPA)
regulated wetlands using a broad definition that included many wetlands within the City.
The recent Sackett decision significantly narrows federal regulations of wetlands. Historically,
for most wetlands impacted by land development, the City had concurrent jurisdiction with
the federal agencies and deferred to the federal agencies for decisions on mitigation. After
Sackett, federal jurisdiction is more limited resulting in the City’s jurisdiction being the sole
authority to regulate a greater proportion of wetlands within the City. Since the recent Sackett
decision, the City continues to regulate impacts to wetlands, which federal agencies can no
longer regulate.
In response to the recent Sackett decision and the future of federal regulation of wetlands, the
City believes it must consider any new federal rule and guidance to understand how the City
could move forward regulating based solely on the UDC requirements. This includes
regulation of wetlands that were but are no longer regulated federally and how the City will
integrate its mitigation requirements (including a bank) into the ongoing federal wetland bank
program.
The City’s watercourse protection standards coordinate with wetland protection standards. The
draft improves coordination between the two different sections and materials submitted with
applications.
This project replaces Division 38.610 (Wetland Regulations) and Section 38.410.100
(Watercourse setback) within Chapter 38 of the Bozeman Municipal Code and amends
Section 38.220.130 [External Link] (Submittal materials for regulated activities in wetlands
and watercourses) to reflect these changes. Definitions related to wetlands are also being
amended or created in Division 38.700.
Strategic Plan
1.2 Public Agencies Collaboration
Foster successful collaboration with other public agencies and build on these successes.
e) Enhance our relationship with State and Federal Agencies.
3.1 Public Safety
Support high quality public safety programs, emergency preparedness, facilities, and leadership.
6.5 Parks, Trails & Open Space
Support the maintenance and expansion of an interconnected system of parks, trails and open spaces.
6.6 Habitat
Work with partner organizations to identify at-risk, environmentally sensitive parcels contribute
to water quality, wildlife corridors, and wildlife habitat.
7.3 Best Practices, Creativity, & Foresight
c) Improve Departmental Collaboration – Identify opportunities to improve collaboration
between City departments and create subgroups on communications, community interactions,
long-range planning, and other matters of common concern. 338
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Community Development Board
The Community Development Board, in its role as the Zoning Commission, previously
reviewed the draft ordinance on November 6, 2023. The Board recommended approval of
the ordinance to the City Commission. The City Commission at their December 5, 2023
meeting reviewed the ordinance and considered public comment. The Commission voted to
send the ordinance back to staff for additional process, including content edits, expanded
scope, and additional public outreach. This additional process is now complete, and the
Community Development Board, in its role as the Zoning Commission, was scheduled to
hold a public hearing on August 18, 2025, to review the revised ordinance. Due to a lack of
quorum the meeting was continued to September 8th.
The advisory board is charged with making recommendations regarding regulations that
will affect zoning. Wetland and watercourse protection are zoning requirements. As of the
writing of this report no public comments have been received on the revised draft. All
project related public comments [External Link] are archived and available for public
review.
Due to the timing of the continued Community Development Board meeting, the staff will
report the outcome of the meeting to the City Commission at the Sept 9th public hearing.
Sustainability Board
The Sustainability Board considered the recommended proposed language on August 13th. The
Board recommended approval. The recording [external link] of the meeting is available on the
City’s website.
City Commission
The City Commission at their December 5, 2023, meeting reviewed the ordinance and
considered public comment. The Commission voted to send the ordinance back to staff for
additional process, including content edits, expanded scope, and additional public outreach.
This additional process is now complete, and the Commission is scheduled to hold a public
hearing on the draft ordinance on September 9, 2025, at their regularly scheduled meeting.
City Commission Alternatives
1. Adoption of the recommended ordinance;
2. Denial of the ordinance based on findings of non-compliance with the applicable criteria
contained within the staff report; or
3. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
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Contents
EXECUTIVE SUMMARY ................................................................................................................... 1
Unresolved Issues ........................................................................................................................... 1
Project Summary ............................................................................................................................. 1
Strategic Plan .................................................................................................................................. 3
Community Development Board .................................................................................................... 4
City Commission ............................................................................................................................ 4
City Commission Alternatives ........................................................................................................ 4
SECTION 1 – RECOMMENDATION AND FUTURE ACTIONS .................................................... 6
SECTION 2 – TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ..................................... 6
Section 76-2-304, MCA (Zoning) Criteria .................................................................................... 6
A. Be in accordance with a growth policy. .................................................................................... 6
B. Secure safety from fire and other dangers. ................................................................................ 7
C. Promote public health, public safety, and general welfare. ....................................................... 8
D. Facilitate the provision of transportation, water, sewerage, schools, parks, and other public
requirements.................................................................................................................................... 8
E. Reasonable provision of adequate light and air. ........................................................................ 8
F. The effect on motorized and non-motorized transportation systems. ....................................... 9
G. Promotion of compatible urban growth. .................................................................................... 9
H. Character of the district. ............................................................................................................ 9
I. Peculiar suitability for particular uses. ........................................................................................ 9
J. Conserving the value of buildings. ........................................................................................... 10
K. Encourage the most appropriate use of land throughout the jurisdictional area. ..................... 10
PROTEST NOTICE FOR ZONING AMENDMENTS ...................................................................... 10
APPENDIX A – DETAILED PROJECT DESCRIPTION AND BACKGROUND .......................... 11
APPENDIX B – NOTICING AND PUBLIC COMMENT ................................................................ 14
APPENDIX C – APPLICANT INFORMATION AND REVIEWING STAFF .................................... 14
FISCAL EFFECTS .............................................................................................................................. 15
ATTACHMENTS ............................................................................................................................... 15
340
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SECTION 1 – RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, staff recommends approval
as proposed.
The Community Development Board is scheduled to hold a public hearing on this
amendment on August 18, 2025, at 6:00 p.m. A recommendation will be forwarded to the
Commission on the text amendment.
The City Commission will hold a public hearing on the text amendment on September 9,
2025, at 6:00 p.m.
SECTION 2 – TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the advisory boards and City
Commission must consider the following criteria. As an amendment is a legislative action, the
Commission has broad latitude to determine a policy direction. The burden of proof that the
application should be approved lies with the applicant.
In considering the following criteria, the analysis must show that the amendment accomplishes
zoning criteria A-D. Zoning criteria E-K must be considered and may be found to be
affirmative, neutral, or negative. A favorable decision on the proposed application must find
that the application meets all of the criteria A-D and that the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K. In addition, the application must be
evaluated against subdivision criteria 1-17. A favorable decision on the proposed application
must find that the positive outcomes of the amendment outweigh the negative outcomes
for criteria 1-17C.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion Met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section
titled Review Criteria for Zoning Amendments and Their Application, discusses how the
various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies
depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC.
“In a text amendment, policy statements weigh heavily as the standards being created or
revised implement the growth policy’s aspirations and intent. The City must balance many
issues in approving urban development.”
The proposed amendment does not change the zoning map. Therefore, it is not necessary to
analyze compliance with the future land use map.
The basic planning precepts on page 20 of the Bozeman Community Plan 2020 include, “The
health and well-being of the public is an essential focus and influences and is influenced in
turn by urban design and land development.” Also, “The City intends to create a healthy, safe,
341
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resilient, and sustainable community by incorporating a holistic approach to the design,
construction, and operation of buildings, neighborhoods, and the City as a whole.” The
proposed amendments provide for public health, safety, and welfare of the community by
providing clear standards and administrative processes for development around regulated
wetland areas and by providing consistent language, clear definitions, and references
throughout the Bozeman Municipal Code.
Under Theme 4, A City Influenced by Our Natural Environment, Parks, and Open Lands, there
are several relevant goals and objectives that will be met through the collaborative approach
to developing these amendments to the Wetland Regulations.
Goal EPO-202 - Work with the U.S. Army Corps of Engineers to keep wetlands, mitigation
within the Gallatin Valley rather than locating to other watersheds.
Staff has repeatedly consulted with the Corp of Engineers in preparing the updated
regulations. Coordination is enhanced by using the same standards for delineation and
documentation of wetlands and wetland functions.
EPO-2.3 - Identify, prioritize, and preserve key wildlife habitat and corridors.
The application materials submittal requirements ensure that resources are identified following
best professional practice. The standards for watercourse and wetland protection act to protect
habitat consistent with the other purposes and priorities of the Unified Development Code.
EPO 4.2 - Update floodplain and other regulations that protect the environment.
The proposed amendments to the wetland and watercourse r egulations meet this
objective by ensuring identification of resources and establishing standards to avoid and
minimize impacts of development.
RC-2.1 Prohibit development in environmentally-sensitive or hazard-prone areas.
The proposed regulations emphasize avoidance of wetlands as a first priority and require
physical separation from wetlands and watercourses. This separation limits impact on the
resource.
No conflicts with the growth policy have been identified. The criterion is met.
B. Secure safety from fire and other dangers.
Criterion Met. The proposed regulations are specifically intended, designed, and include
provisions to ensure they can be carried out to manage development within regulated identified
wetland areas. Wetlands can present significant constraints to development which typically
form in areas characterized by poor drainage conditions that are ill-suited for most types of
development. Development in these areas often involves extra expense resulting from
considerations for site drainage, flood protection and facility maintenance. The intent of these
regulations is to protect public and private facilities and structures from damage, and to
minimize public and private development and maintenance costs. This is accomplished by
prioritizing avoidance of wetlands. Compliance with the proposed and other existing
standards such as building permits, access, and stormwater control standards mutually support
this criterion. The wetland regulations partner with other watercourse protection, 38.410.100
[External link] and floodplain standards, 38.600 [External link] in the Unified Development 342
Staff Report for the Replacement of Wetland Regulations, Application 23309Page 8 of 14
Code to limit construction in these areas.
C. Promote public health, public safety, and general welfare.
Criterion Met. The proposed regulations provide standards and procedures that regulate
development in wetland and watercourse areas to protect public health and safety, safeguard
water quality, and provide for wildlife habitat. Additionally, the preservation of wetlands and
watercourses offers opportunities for open space, education and research, and historical, cultural and
archaeological resources. The intent of these regulations is to encourage the avoidance of
regulated activities within the regulated areas and to require best management practices in
regulated areas. As noted in Criterion B, further development and redevelopment must be in
accordance with the new natural resource standards as well as modern building, access,
stormwater, pedestrian circulation, ingress and egress to the site, and full connection to the
greater transportation network for users, ensuring the promotion of public health, safety and
general welfare.
Minimizing impacts to wetlands and watercourses supports and maintains their functions to
lessen flooding, improve groundwater infiltration, lessen surface water pollutants, and
thereby improve public health and safety.
D. Facilitate the provision of transportation, water, sewerage, schools, parks, and other
public requirements.
Criterion Met. The regulations provide submittal requirements and standards that apply to any
regulated activity that may impact wetlands as defined in 38.700 known prior to or
discovered through the development review process and verified through a site-specific
wetlands and watercourse boundary determination. If wetlands or watercourses are found on
the subject site, the proposal is subject to these regulations. As mentioned in Criterion C,
wetlands typically form in areas characterized by poor drainage conditions which are ill-
suited for most types of development. Wetlands are characterized by hydric soils that are
unstable for most types of development. The proposed regulations reduce the likelihood of
damage to public facilities, such as streets, and private facilities. This process of identifying,
verifying, and mitigating wetland sites ensures appropriate setbacks from identified wetlands
and watercourses and the protection of existing infrastructure, including water, sewer,
transportation, and roadways, to ensure they are minimally affected by these regulated areas.
Where it is necessary for infrastructure to cross watercourses or wetlands, the standards
provide direction on how to lessen impacts. Prioritization for methods of mitigation of
impacts helps ensure that allowance of needed infrastructure has the least amount of resource
impact.
E. Reasonable provision of adequate light and air.
Criterion Met. The regulations make provision for adequate light and air by limiting certain
types of development in and around wetland areas and watercourses. These limitations
provide the opportunity for open space and natural areas that can be utilized for a number
of ecological functions. Additional standards for light and air such as required open spaces,
parkland and setbacks are also included in Chapter 38.
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F. The effect on motorized and non-motorized transportation systems.
Criterion Met. The effect on long range transportation systems (motorized and non-motorized)
should be minimal. Existing roads that will need to be extended to accommodate proposed
developments will follow the same guidelines as other development. In some instances where
a linear path for roadways or pathways is not possible due to existing wetlands and
watercourses or, where construction is unavoidable, such as utility or street crossings, the
proposed regulations provide processes and standards to minimize impacts and lessen the
likelihood of damage or injury. The process of determining the wetland boundary is similar to
requirements for watercourse setbacks, where the developer must mitigate the impacts of the
development on or near a watercourse which are often alongside existing wetland areas.
Additionally, the process can help guide the design phase of a project early on when
determining the location of roads, pedestrian paths and open space based on results of the
wetland or watercourse boundary determination.
G. Promotion of compatible urban growth.
Criterion Met. The proposed amendments provide for land uses and permitting processes that
ensure development in regulated wetland areas is compatible with natural conditions as those
conditions fluctuate from time to time. The regulations also provide standards for development
that will prevent construction in areas not suitable for development, thereby creating a safer,
more suitable environment, and creating building and site standards that are compatible with
the natural environment. The regulations will create consistency of standards and processes
that would be applicable to any parcel with wetlands or watercourses throughout the City.
H. Character of the district.
Criterion Met. The draft regulations do not modify the standards that are unique to individual
zoning districts. The wetland and watercourse regulations are equally applicable in all zoning
districts. The regulations are specifically designed to address characteristics of land within
and surrounding wetland areas within the City. Parcels with wetland areas and watercourses
are unique. Providing specific regulations to protect them and mitigate during construction
maintains the character of the site and ensures their preservation. Wetlands and watercourses
provide important values, both aesthetic and functional, that enhance the quality of life of
community residents. Protecting wetland areas ensures their preservation for future
generations
I. Peculiar suitability for particular uses.
Criterion Met. The regulations specifically address and limit the development of new buildings
in identified wetland areas and watercourses through a site-specific wetland and watercourse
boundary determination when applicable. Preservation of wetlands and watercourses is
significant when considering they provide several important ecological functions, including
aquifer recharge, water storage, regional stream hydrology (discharge and recharge), flood
control and storage, sediment control, nutrient removal from urban or non-point source
runoff, and erosion control. Preservation of existing wetland functions is less costly, faster,
and more efficient than replicating those functions elsewhere. Therefore, the preference of
the city is to first avoid wetland impacts with the prioritized mitigation preferences 344
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following.
J. Conserving the value of buildings.
Criterion Met. Wetlands and watercourses are a unique and distinct ecosystem that perform
many important ecological functions. Wetlands and watercourses are aquatic environments
that are covered by freshwater, saltwater, or a mix. They can provide flood control, clean
water, storm protection, sediment control, and vital habitat. The regulations may apply
independently or may apply to development that may impact wetlands and watercourses. It is
the intent and purpose of these regulations to protect, preserve, and enhance wetlands and
watercourses to provide a number of vital functions (see Criterion C & H).
Further, the regulations act to proactively conserve the value of buildings by preventing
building construction in and too close to wetland areas and watercourses where soils are
typically unstable and not appropriate for construction (see Criterion D).
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The regulations provide standards and steps in determining the status of a
wetland and/or watercourse, the setback requirement, and any mitigating factors with
proposed development. This will allow for uses that are appropriate and functional within
existing wetland areas and watercourses. The proposed amendments seek to regulate
development around wetland areas and watercourses that will limit impacts to these
resources aiding in public health, safety, and general welfare.
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE
OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT
AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A
PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT
BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING
MEMBERS OF THE CITY COMMISSION.
The City will accept written protests from property owners against the proposal
referred to in this notice until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property
that lie within 150 feet of an area affected by the proposal. The protest must be in writing
and must be signed by all owners of the real property. In addition, a sufficient protest must:
(i) contain a description of the action protested sufficient to identify the action against
which the protest is lodged (including the application number, 23309); and (ii) contain a
statement of the protestor's qualifications (including listing all owners of the property and
the physical address), to protest the action against which the protest is lodged, including
ownership of property affected by the action. Signers are encouraged to print their names
after their signatures. A person may in writing withdraw a previously filed protest at any
time prior to final action by the City Commission. Protests must be delivered to the
Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230.
Written comments may be directed to: City of Bozeman Department of Community
Development, ATTN: City Clerk, PO Box 1230, Bozeman, MT 59771-1230, or emailed
to comments@bozeman.net. Data on this application are available at 345
Staff Report for the Replacement of Wetland Regulations, Application 23309Page 11 of 14
https://www.bozeman.net/government/planning/using-the-planning-map. Select
‘Project Documents’ and navigate to application 23309. The full application may be
reviewed in the City of Bozeman Department of Community Development, Alfred M.
Stiff Professional Building, 20 East Olive Street, 582-2260. Please reference
Application 23309 in any correspondence.
For those who require accommodations for disabilities, please contact the ADA
Coordinator David Arnado, at 582-3232 (voice).
APPENDIX A – DETAILED PROJECT DESCRIPTION AND
BACKGROUND
Mitigation of impacts to wetlands that occurs during land development is subject to both
federal and location regulation. Federal Regulation pursuant to the Clean Water Act is enforced
by the United States Army Corps of Engineers (USACE) and the Environmental Protection
Agency. Local regulation occurs per the City’s Unified Development Code (UDC), Division
38.610 titled Wetland Regulations. Prior to the United States Supreme Court’s recent decision
in Sackett v. Environmental Protection Agency, 142 S.Ct. 1322 (2023), the federal agencies
regulated wetlands using a broad definition that included many wetlands within the City.
Federal agencies regulated wetlands that were not only immediately adjacent to traditionally
navigable waters, but also wetlands that had a continuous surface connection to such water or
had a significant nexus to interstate or traditional navigable waters. This “significant nexus”
required federal agencies to analyze a number of factors. A significant nexus exists, under
federal guidance, when “wetlands, either alone or in combination with similarly situated lands
in the region, significantly affect the chemical, physical, and biological integrity of those
waters.” The result is that the federal agencies regulated millions of acres of wetlands
nationwide that were not immediately adjacent to or indistinguishable from traditionally
navigable waters.
That all changed with the Sackett decision. The majority of the Court determined “that the
Clean Water Act (CWA) extends to those wetlands with a continuous surface connection to
bodies that are ‘waters of the United States’ in their own right so that they are
‘indistinguishable’ from those waters.” The result is that many wetlands that were formerly
regulated by the federal agencies are no longer under federal jurisdiction.
The Supreme Court remanded this decision back to the 9th Circuit of Appeals. Additional
litigation will most likely be necessary to finally resolve the specific issue in the case. In the
meantime, EPA and USACE implemented an interim rule to address the Supreme Court
decision. The City’s regulation of wetlands addresses wetlands historically regulated by the
federal agencies resulting in concurrent (but not identical) regulations. The Sackett decision
significantly narrows federal regulation of wetlands resulting in the City’s regulatory program
now being the sole regulatory authority for a greater number of wetlands within the City.
In response to the recent Sackett decision and the future of federal regulation of wetlands, the
City believes it must consider any new federal rule and guidance to understand how the City
could move forward regulating based solely on the UDC requirements. This includes
regulation of wetlands that were but are no longer regulated federally and how the City will
integrate its mitigation requirements (including a bank) into the ongoing federal wetland bank 346
Staff Report for the Replacement of Wetland Regulations, Application 23309Page 12 of 14
program.
The City Commission conducted a work session on July 25, 2023, (Meeting Video-Action
Item K.1.) [External Video Link], regarding the proposed Wetland Protection Mitigation
procedures. The purpose of the work session was to provide the Commission with information
related to:
i. The current approach of the City to its wetlands regulatory program under the UDC;
ii. Provide information on the Sackett decision and the issues resulting from the decision;
iii. Provide information on future approaches to local regulation of wetlands.
Specific topics discussed in detail at the work session are available in the July 25, 2023 City
Commission Memorandum [External Link, PDF]. City Commission provided specific
guidance on mitigation measures for wetland areas which were discussed at two follow-up
meetings open to the general public on October 5th, 2023.
On October 5th, 2023, City staff presented updates to the proposed Wetland Regulations
including policy guidance from the City Commission, followed by Q & A sessions that were
open to the general public at two different meetings. There was a virtual meeting at noon on
Zoom followed by an in-person meeting at the Bozeman Public Library at 6:00 p.m. The noon
session included an overview of current wetland regulations and the role of the Army Corps of
Engineers. City goals were discussed in regard to wetland mitigation measures within the
existing watershed including discussions on local wetland bank options. Policy guidance from
the July 23rd City Commission meeting was discussed followed by a Q and A session with
people who attended the online meeting. Several people asked about the inline edits and
recommendations from the Gallatin Watershed Council to the proposed Wetland Regulations
in the UDC. There were requests for clarification and the City’s response to these edits and
recommendations. People felt they should be carefully considered since the recommendations
and suggestion came from experts in the field. The comments were primarily focused on
clarifying and defining terms in the existing codes with a goal to minimize and avoid impacts
to wetlands before the city resorts to mitigation and that local mitigation was a priority over
mitigating outside the City’s watershed. One person asked about the process for smaller,
individual wetland areas or ponds not connected to a stream and options for cash in lieu. A
follow up question asked about the option of submitting a wetland application prior to a site
plan application, Additional questions included progress with wetland revisions to date.
Meeting Video to the online Zoom meeting [External Link, meeting video].
On the same day at 6:00 p.m. staff presented this information at another meeting in the
Bozeman Public Library. Discussions revolved around the proposed amendments to the
wetland regulations, application processing for proposals with wetland areas, progress on local
options for wetland mitigation, and policy guidance from the City Commission. People had
questions about how the City will regulate wetlands normally covered by the ACOE and the
method of determining the amount of credits for wetland mitigation. Additional discussion
focused on wetland delineation and who decides who has jurisdiction and the overall
permitting process. There were concerns about the size of the wetland bank and the process of
mitigating using wetland bank credits. There were additional concerns about delineating
wetland setbacks and holding people accountable to their limits. People were wanting to fully
understanding who has jurisdiction, and understand steps outlined in the regulations to 347
Staff Report for the Replacement of Wetland Regulations, Application 23309Page 13 of 14
determine the best course of action based on the proposal. Additional information can be found
on the Minutes to the 6:00 p.m., meeting [External Link, PDF].
The City wetlands code and USACE regulations have a general strategy that is summarized by
the following priorities: 1) avoid wetlands impacts, 2) where wetlands impacts cannot be
avoided, minimize wetlands impacts, and 3) when wetlands impacts are incurred, mitigate the
impacts. Where the impacts of land development to wetlands are unavoidable, mitigation of
such impacts regulated by federal agencies may occur in locations distant from the City,
including the Upper Missouri Wetland Bank located in Twin Bridges, Montana. Currently, a
local wetlands bank is under development by the Sacajawea Audubon Society (SAS) in the
vicinity of Haggerty Lane and East Main Street intersection. If this bank qualifies as a wetland
bank for purposes of federal regulation, landowners seeking to mitigate wetland impacts that
fall within the jurisdiction of federal agencies may be able to access the SAS bank, once
established. The SAS bank may also be available to the City to provide mitigation for wetlands
now regulated only by the City.
The City Commission at their December 5, 2023, meeting reviewed the ordinance and
considered public comment. The Commission voted to send the ordinance back to staff for
additional process, including content edits, expanded scope, and additional public outreach.
As part of additional public outreach, the City held an open house to gather public input on
March 27th, 2025, at the Bozeman Public Safety Center.
The draft ordinance now under consideration was released to the public on the Engage
Bozeman Wetlands Update project page on July 31, 2025. Copies were also made available
at the Reference Desk in the Bozeman Public Library and the Department of Community
Development. The City provided public notice on the draft and the upcoming public hearings
before the Community Development Board acting as the Zoning Commission and the City
Commission on the City’s website and with the publication of a legal advertisement in the
Bozeman Daily Chronicle published on four Saturdays: July 26, August 9, August 16, and
August 30, 2025. Public comment will close during the City Commission public hearing on
September 9, 2025.
The City first adopted local regulations to protect wetlands in 2003 by Ordinance 1604. Local
regulations have been in effect continuously since their initial adoption. The local
regulations are supplementary to federal regulations in that historically, the City’s regulations
have also regulated wetlands covered by the Clean Water Act. But there are key differences
between the historical federal regulatory scheme and the City’s regulations. A key
difference is that the City’s regulations apply to wetlands as small as 400 sq. ft. and to
isolated wetlands not connected to waters of the United States. This is more restrictive than
federal regulations; in practice, however, the City has typically defaulted to USACE
regulation as a measure of compliance with the more restrictive local wetland code.
Bozeman’s regulations for wetlands are also coordinated with our requirements for protecting
watercourses. If a wetland is located within the required setback for a watercourse, then the
setback is expanded to include the wetland area. It should also be noted, the City’s
regulations exclude artificially created wetlands related to irrigation and stormwater
facilities. These facilities require periodic maintenance, which is likely to conflict with
wetland protection requirements. 348
Staff Report for the Replacement of Wetland Regulations, Application 23309Page 14 of 14
This project replaces Division 38.610.020 (Wetland Regulations) and Section 38.410.100
(Watercourse setback) within Chapter 38 of the Bozeman Municipal Code and amends the
submittal requirements in Section 38.220.130 [External Link, PDF] (Submittal materials for
regulated activities in wetlands and watercourses) to reflect the change in federal regulation
of wetlands resulting from the recent Sackett decision and per the expanded scope request of
the City Commission. The project establishes a new section for Wetland and Watercourse
Regulations within the Unified Development Code, in compliance with the requirements of
the Clean Water Act and the Unified Development Code. The standards and procedures
restrict certain construction and land alterations, require issuance of permits for construction
and land alterations, and set necessary administrative procedures integrated with the City’s
zoning development review procedures.
These regulations apply to any regulated activity that may impact wetlands and/or
watercourses as defined in 38.700, known prior to or discovered through the development
review process, and verified through a site-specific wetlands or watercourse boundary
determination. These wetland regulations pertain to wetlands with a direct hydrologic
connection to “waters of the U.S.” (those wetlands that connect to a federally regulated
stream or river directly or via a series or watercourse, wetlands, or ditches), and also to
isolated wetlands with no direct connection to a water of the U.S. and exhibit positive
wetland indicators for all three wetland parameters defined in the most current version of
the U.S. Army Corps of Engineers Wetland Delineation Manual of the U.S., applicable to the
U.S. Army Corps of Engineers Omaha District.
This amendment is to the City’s zoning regulations regarding wetlands and watercourses. This
zoning regulation also addresses related purposes of environmental protection, public safety,
and other subdivision criteria. Subdivision review must demonstrate zoning compliance.
APPENDIX B – NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of 38.220.410 & 420. Notice was
published in the Bozeman Daily Chronicle as required and contained all required elements.
Notice was provided at least 15 business days before the Zoning Commission and Planning
Board public hearing, and not more than 45 days prior to the City Commission public
hearing. Copies of the draft text were made available at the Bozeman Public Library, the
Community Development Department, and through the City’s Engage Bozeman website. The
City exceeded the required notice provision. Hearing dates are on the first page of this report.
As of the writing of this report no public comments have been received on the revised draft. All
project related public comments [External Link] are archived and available for public review.
APPENDIX C – APPLICANT INFORMATION AND REVIEWING STAFF
Owner/Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771 349
Staff Report for the Replacement of Wetland Regulations, Application 23309Page 15 of 14
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman, MT 59771
Report By: Chris Saunders, Community Development Manager, Community Development
Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed
by this Annexation or Zone Map Amendment.
ATTACHMENTS
Digital access to the full application (23309) and file of record is available at the Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715.
The Draft Wetland and Watercourse Regulations can be found on engage.bozeman.net/wetlands
350
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Interim Director of Community Development
SUBJECT:An Ordinance Finally Adopting of the Gallatin Center Zone Map Amendment,
Modifying Zoning from a combination of B-2 and B-P to B-2M, Community
Commercial-Mixed District, on 67.709 Acres on Property Located on the
northwest corner of North 19th Avenue and Baxter Lane, the Gallatin Center
Zone Map Amendment, Application 24626
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Finally adopt Ordinance 2025 ____.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The owner, Gallatin Center Limited Partnership, P.O. Box 906, Bozeman, MT
59771, submitted application to rezone a property totaling 63.33 acres, plus
adjacent right-of-way, from B-P and B-2 to B-2M (Community Commercial
Mixed). The property is within the Gallatin Center Planned Unit
Development (PUD) which includes businesses such as Target, WinCo Foods,
Bob Ward’s Sports, PetSmart, and Staples, among others. See Application Z-
98192 for the original PUD. The area requesting rezoning is not within the
developed area but to the south of Cattail Street and is undeveloped.
The subject property is a part of a minor subdivision originally platted in
1997 by the current owners, Gallatin Center Limited Partnership. No future
development plans were submitted with the application. The primary
purpose of the original PUD was to allow alternative street design standards,
see Applications Z-98192 and Z-04033.
The property is not within the NCOD, a historic district, or a city recognized
neighborhood. The underlying Future Land Use designation is Regional
Commercial and Service. The existing B-P and B-2, as well as the proposed B-
2M zoning are implementing districts of the Community Commercial Mixed-
Use classification. The properties directly to the south and west are in the
Urban Neighborhood designation. The properties to the east are Maker
351
Space Mixed-Use.
The property is bounded by a Principal Arterial to the east (19th Avenue), a
Minor Arterial on the south (Baxter Lane), and Collectors on the west and
north (27th Avenue/Thomas Drive and Cattail Street), according to the
Bozeman Transportation Master Plan.
On June 3, 2024, the City Commission voted (4:0) to approve Application
24626 to change the zoning classification on 67.709 acres from B-2 and B-P
to B-2M, Community Commercial-Mixed District subject to contingencies
necessary for final adoption. The applicant has met all contingencies to
finalize the documents necessary for the final approval steps.
The Commission provisionally adopted the implementing Ordinance on
August 16, 2025.
UNRESOLVED ISSUES:There are no unresolved issues.
ALTERNATIVES:As determined by the Commission
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by the Zone Map Amendment. Future development will
incur costs and generate review according to standard City practices.
Attachments:
24626 Gallatin Center Ordinance.pdf
001 ZMA Exhibit.pdf
Report compiled on: August 20, 2025
352
Ord 2025-___
Page 1 of 6
ORDINANCE 2025 - ____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA
AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 67.709 ACRES FROM B-2
AND B-P TO B-2M, COMMUNITY COMMERCIAL MIXED DISTRICT, KNOWN AS THE
GALLATIN CENTER ZONE MAP AMENDMENT, APPLICATION 24626.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning
maps if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must
conduct a public hearing and submit a report to the City Commission for all zoning map
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to change zoning classification of B-2 (Community Commercial) and
B-P (Business Park) to B-2M (Community Commercial Mixed) on 67.704 acres plus the
adjacent right-of-way has been properly submitted, reviewed, and advertised; and
353
Ordinance 2025 - ____ Zoning Ordinance
Page 2 of 6
WHEREAS, after proper notice, the Bozeman Community Development Board acting
in their capacity as the Zoning Commission held a public hearing on June 16, 2025, to receive
and review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City
Commission that application No. 24626 the Gallatin Center Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on July
1, 2025, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed
zone map amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of
this Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the
City reviews and applies the criteria for amendment of zoning established in 76-3-
304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an
adopted growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required
criteria are satisfied;
354
Ordinance 2025 - ____ Zoning Ordinance
Page 3 of 6
5. The two required public hearings were advertised as required in state law and
municipal code and all persons have had opportunity to review the materials
applicable to the application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application
materials, staff analysis and report, and all submitted public comment
recommended approval of the application.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment
prior to the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other
relevant information.
9. The City Commission determines that, as set forth in the staff report and
incorporating the staff findings as part of their decision, the required criteria for
approval of the Gallatin Center Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby
designated as B-2M, Community Commercial Mixed:
A tract of land being the remainder of Lot 3 of Minor Subdivision 210, located in the
SE1/4 of Section 35, Township 1 South, Range 5 East, P.M.M., Gallatin County,
Montana, and being more particularly described as follows:
Beginning at the northwest corner of said tract, being the point of intersection of the
south right-of-way of Cattail Street and the north-south mid-section line of said
Section 35, thence along the south right-of-way of Cattail Street, the following four
(4) courses: N.89°39'45"E. for 393.06 feet; thence along a curve to the left having a
Radius of 336.99 feet, a Delta Angle of 11°16'48", a Chord Bearing of N.84°01'20"E.,
a Chord Distance of 66.24 feet, for a Curve Length of 66.34 feet; thence
N.78°39'08"E. for 178.08 feet; thence along a curve to the right having a Radius of
255.00 feet, a Delta Angle of 03°49'19", a Chord Bearing of N.80°33'48"E., a Chord
Distance of 17.01 feet, for a Curve Length of 17.01 feet to the northwest corner of
355
Ordinance 2025 - ____ Zoning Ordinance
Page 4 of 6
the Common Area lot of Gallatin Center Subdivision Phase 4, Plat J-423; thence
along the west boundary of said Common Area lot, S.00°05'43"E. for 208.33 feet;
thence along the south boundary of said Common Area lot, S.89°41'12"E. for 61.59
feet to the northwest corner of Lot 6, Block 1, of the Opportunity Subdivision, Plat J-
631; thence along the west boundary of said Lot 6, S.00°19'54"W. for 199.52 feet to
a point of intersection with the west right-of-way of Max Avenue; thence along said
right-of-way, S.00°19'54"W. for 740.96 feet; thence S.89°39'55"E. for 942.18 feet to
the west right-of-way of North 19th Avenue; thence along said right-of-way the
following six (6) courses: S.00°14'43"W. for 60.02 feet; thence S.00°16'58"W. for
803.62 feet; thence S.06°05'34"E. for 153.28 feet; thence along a non-tangent curve
to the left from which the Radius Point bears N.88°27'15"E., said curve having a
Radius of 1969.86 feet, a Delta Angle of 04°56'51", a Chord Bearing of S.04°01'11"E.,
a Chord Distance of 170.05 feet, for a Curve Length of 170.10 feet; thence
N.72°16'04"W. for 17.74 feet; thence S.00°18'48"E. for 263.36 feet to the north right-
of-way of Baxter Lane; thence along said right-of-way S.89°41'45"W. for 398.58 feet
to the east boundary of Tract C-1B, Certificate of Survey No. 1979; thence along
said boundary the following three (3) courses: N.00°18'15"W. for 535.00 feet to the
northeast corner of said Tract C-1B; thence S.89°41'45"W. for 450.00 feet to the
northwest corner of said tract C-1B; thence S.00°18'15"E. for 535.00 feet to the
north right of way of Baxter Lane; thence along said right-of-way S.89°41'44"W. for
819.57 feet; thence N.00°14'19"E. for 2560.09 feet, to the true Point of Beginning.
Said tract contains 67.709 acres along with and subject to any easements of record
or implied. All as depicted on the Gallatin Center Zone Map.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions
of this ordinance are, and the same are hereby, repealed and all other provisions of the
ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
356
Ordinance 2025 - ____ Zoning Ordinance
Page 5 of 6
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in
full force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof, other than
the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity
of the Bozeman Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered
into a disposition list in numerical order with all other ordinances of the City and shall be
organized in a category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
357
Ordinance 2025 - ____ Zoning Ordinance
Page 6 of 6
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___th day of _______________, 2025.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City
of Bozeman, Montana on second reading at a regular session thereof held on the ____ of
________________, 2025. The effective date of this ordinance is _____________, ____, 2025.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
358
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W W W W W W W W W W W W WSSSSSSSSSSSSSSSSSSSSSSSS SS
S89°41'43"W, 819.78'(R) S00°18'18"E, 580.00'(R) S89°41'42"W, 450.00'(R) N00°18'18"W, 580.00'(R) S89°41'42"W, 398.59'(M) N00°14'19"E, 2605.09'(R) 393.08'(M) S89°39'45"W, 393.06'(R) N00°05'43"W, 208.33'(M) S00°19'54"W, 940.48'(R) 940.34'(R) 941.77'
(M) S89°39'55"E, 942.18'(M) S00°16'49"W, 863.64'(R) 863.60'S05°57'19"E, 152.86'S00°16'21"E, 308.34'S89°41'42"W, 819.35'S89°41'42"W, 398.62'
(R) 178.08'(M) S78°39'08"W, 178.08'(R) S89°41'12"E,61.59'
Δ = 4°56'51"
R = 1969.86'
L = 170.10'
CH = S04°03'54"E
170.05'
N73°12'20"W, 17.36'
N89°41'42"E, 450.00'WWWWWWWWWWWWWWWWWWWWWXXXX X X X
XXXXXXXXXXXXSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SSWWWWWWWWWWW W WWWWWWSSSSWWWWWSSSSSSSS
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S89°41'43"W, 819.78'(R) S00°18'18"E, 580.00'(R) S89°41'42"W, 450.00'(R) N00°18'18"W, 580.00'(R) S89°41'42"W, 398.59'(M) N00°14'19"E, 2605.09'(R) 393.08'(M) S89°39'45"W, 393.06'(R) N00°05'43"W, 208.33'(M) S00°19'54"W, 940.48'(R) 940.34'(R) 941.77'
(M) S89°39'55"E, 942.18'(M) S00°16'49"W, 863.64'(R) 863.60'S05°57'19"E, 152.86'S00°16'21"E, 308.34'S89°41'42"W, 819.35'S89°41'42"W, 398.62'
(R) 178.08'(M) S78°39'08"W, 178.08'(R) S89°41'12"E,61.59'
Δ = 4°56'51"
R = 1969.86'
L = 170.10'
CH = S04°03'54"E
170.05'
N73°12'20"W, 17.36'
N89°41'42"E, 450.00'
45' WIDE PUBLIC ROAD DEDICATION 45' WIDE PUBLIC ROAD DEDICATION
ZONING: REMU
ZONING: R-4
ZONING: R-4
ZONING: B-2ZONING: B-2
ZONING:M-1
ZONING: R-O
PUBLIC USE EASEMENT
PER DOC. NO. 2605726
PUBLIC USE EASEMENT
PER DOC. NO. 2605726
ACCESS EASEMENT
PER FILM 132 PG 501
APPROXIMATE 70' WIDE PUBLIC OPEN
SPACE/LINEAR TRAIL & STREAM CORRIDOR
EASEMENT DRAWN FROM MINOR SUB. 210
REFERENCE TAG "N85°E 4.5'APPROXIMATE 70' WIDE PUBLIC OPENSPACE/LINEAR TRAIL & STREAM CORRIDOREASEMENT DRAWN FROM MINOR SUB. 210(TO BE RELOCATED)
PUBLIC USE EASEMENT
PER DOC. NO. 2605726
CATTAIL STREETKIMBERWICKE STREET
RAWHIDE RIDGE ROADMAX AVENUETHOMAS DRIVENORTH 19TH AVENUEBAXTER LANE
EXISTING 8" PVCSEWER MAIN EXISTING 8" PVCSEWER MAIN STUB EXISTING 8" PVCSEWER MAIN EXISTING 8" PVCSEWER MAIN
EXISTING 8" PVC
SEWER MAIN
EXISTING 8" PVC
SEWER MAIN
EXISTING 8" PVC
SEWER MAIN STUB
EXISTING 12" DIWATER MAIN
EXISTING 8" DI
WATER MAIN
EXISTING 8" DIWATER MAIN
EXISTING 8" DI
WATER MAIN
EXISTING 8" DI
WATER MAIN
EXISTING CURB/ EDGE OF PAVEMENT
EXISTING 8" PVC
SEWER MAIN
PROPERTY LINEPROPERTY LINE
PROPERTY LINE
PROPERTY LINE
PROPERTY LINE
ZONING BOUNDARY LINE(TYPICAL)EXISTING 8" PVCSEWER MAIN STUB
EXISTING HYDRANT
(TYPICAL)
EXISTING CURB/ EDGE OF PAVEMENT
EXISTING CURB/
EDGE OF PAVEMENT
EXISTING EDGE OF PAVEMENT
EXISTING 8" PVC
SEWER MAIN STUB
PROPERTY LINE
60'-0.0" PUBLIC ROADWAY
AND UTILITY EASEMENT
PER DOC. NO. 2604451
20'-0.0" UTILITY
EASEMENT
10'-0.0" R/W EASEMENT TO
M.P.C. PER 67F186
30'-0.0" DEDICATED
ROADWAY FOR
PUBLIC USE
20'-0.0" EASEMENT FOR
ROADWAY PURPOSES
20'-0.0" UTILITY
EASEMENT
20'-0.0" UTILITYEASEMENTFUTURE 60'-0.0" DEDICATEDPUBLIC STREET R.O.W.(FUTURE NORTH 27TH AVE.)30'-0.0" WATER LINE EASEMENTPER FILM 198, PAGES 4015-4020 30'-0.0" WATER LINE EASEMENTPER FILM 198, PAGES 4015-402021'-6.0" PUBLIC UTILITYEASEMENT PER DOC. NO.2164139
10'-0.0" UTILITY EASEMENT TO
M.P.C. PER 98F4416
30'-0.0" WATER LINE EASEMENTPER FILM 198, PAGES 4021-4025
30'-0.0" WATER MAIN EASEMNT
PER DOC. NO. 2604450
EXISTING 8" DIWATER MAIN STUB
APPROXIMATE 70' WIDE PUBLIC OPEN
SPACE/LINEAR TRAIL & STREAM CORRIDOR
EASEMENT DRAWN FROM MINOR SUB. 210
MINOR SUB 210, S35, T01 S, R05 E, Lot 3,
(RE-MAINDER) LESS GALLATIN CENTER
SUB PHASE 1-4
68.33 ACRES
2,976,498 SQUARE FEET
EXISTING ZONING: B-2/BP
PROPOSED ZONING: B-2M
EXISTING 12" DI
WATER MAIN
EXISTING 24"
ASBESTOS CONCRETE
SEWER MAIN
0
SCALE: 1" = 100'
100'50'
K:\Bozeman\Gallatin Center LP\2024381 Gallatin Center\05CAD\Sheets\ZMA\24381-EXHB.dwg ZMA EXHIBIT 2/21/2025 9:36:48 AM
DESIGNED BY:
DRAWN BY:
CHECKED BY:
DATE:
CGB
JRH
EWR/CGB
DECEMBER 2024
SHEET
1
NO.DATEREVISIONPREPARED BY BY
ZMA EXHIBIT
GALLATIN CENTER LIMITED PARTNERSHIP
BOZEMAN, MT
GALLATIN CENTER PHASE 5 E NG I N E E R I N G
PROJECT NO. 2024381
895 TECHNOLOGY BLVD., SUITE 203
BOZEMAN, MT 59718
(406) 586-0262
www.wwcengineering.com
1.02/2025REVISED PER CITY REVIEW JRH
359
Memorandum
REPORT TO:City Commission
FROM:Brit Fontenot, Economic Development Director
SUBJECT:Second Reading of an Ordinance of the City Commission of the City of
Bozeman, Montana, Repealing Chapter 2, Article 5, Division 10 of the
Bozeman Municipal Code.
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Approve the proposed ordinance on second reading. If passed on second
reading, the proposed ordinance's effective date is October 23, 2025.
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:On September 9, 2025, at its regularly scheduled City Commission meeting, a
unanimous City Commission provisionally adopted the proposed ordinance.
The second reading of the proposed ordinance is scheduled for the
Commission consent agenda, and if passed, it has an October 23, 2025,
effective date.
The purpose of this proposed ordinance is to repeal Chapter 2, Article 5,
Division 10 of the Bozeman Municipal Code, which currently governs Urban
Renewal, Tax Increment, and Economic Development District Boards. This
action proposed is in response to legislative changes enacted by the 69th
Montana Legislature through Senate Bill 3, which now requires urban
renewal districts employing tax increment financing (TIF) mechanisms to
create advisory boards. By removing the outdated provisions from the
municipal code, the City of Bozeman ensures compliance with state law
while avoiding duplicative or conflicting requirements. The original
provisions, established through Ordinance 1861 in 2013 and later amended
by Ordinance 2144, provided the City Commission with authority to create
advisory boards for urban renewal and TIF district administration. While
these provisions served an important function at the time, the new state
mandate renders them unnecessary. Repealing this section of the code
allows the City to streamline its governance framework and maintain
consistency with Montana statutes while preserving the flexibility for the
Commission to establish advisory boards as required. In addition to aligning
with state law, this repeal advances the City’s commitment to operating as a
high-performance organization, as outlined in the Bozeman Strategic Plan.
By removing duplicative or outdated code provisions, the City can reduce
360
administrative inefficiencies, clarify governance responsibilities, and
promote transparency in the administration of urban renewal and TIF
projects. The repeal does not eliminate the City’s ability to pursue urban
renewal or economic development initiatives but ensures that these efforts
are managed under a clear and legally sound structure. The repeal will take
effect thirty (30) days following final adoption, ensuring a smooth transition.
Adoption of this ordinance demonstrates the City Commission’s proactive
approach to governance, legal compliance, and alignment with best
practices for managing urban renewal and economic development
initiatives.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As determined by the Bozeman City Commission.
FISCAL EFFECTS:Undetermined at this time.
Attachments:
250818_Ordinance_TIF_Board_9-9-25_FINAL.pdf
Report compiled on: September 15, 2025
361
Version February 2023
Ord XXXX
Page 1 of 4
ORDINANCE XXXX
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING
CHAPTER 2, ARTICLE 5, DIVISION 10 OF THE BOZEMAN MUNICIPAL CODE
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter Article II,
Section IV to create boards, commissions, or committees as determined necessary; and
WHEREAS, Montana law Title 7, Chapter 15, Part 42 authorizes a municipality to exercise
urban renewal powers for redevelopment and rehabilitation through urban renewal plans and
projects; and
WHEREAS, urban renewal plans and projects provide for the sound growth of the city or
its environs, provide economic and social stability, and promote public health, safety and welfare
and otherwise execute the purposes of Title 7, Chapter 15, Part 42 and 43 of the Montana Code
Annotated (MCA); and
WHEREAS, Ordinance 1861, adopted by the Bozeman City Commission in 2013,
provided authority for the Bozeman City Commission to create by resolution advisory boards
for the implementation and administration of the city’s several urban renewal, tax increment
financing, and other districts; and
WHEREAS, Ordinance 2144 amended Sections 2.051810, 2.051830, 2.051840,
2.051850, and 2.051860 to more effectively advise the City Commission and engage the public;
and
WHEREAS, the 69th Montana Legislature passed Senate Bill 3 requiring urban renewal
districts employing a tax increment financing mechanism to create an advisory board; and
WHEREAS, the City of Bozeman Strategic Plan 7.3, High Performance Organization directs
staff to utilize best practices when operating as an ethical high performance organization; and
362
Ordinance No. XXXX, Repealing BMC Ch. 2, Art. 5, Div. 10
Page 2 of 4
WHEREAS, amending the Code is necessary for efficient administration and governance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
Chapter 2, Article 5, Division 10, entitled Urban Renewal, Tax Increment, and Economic
Development District Boards is repealed in its entirety and reserved.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
363
Ordinance No. XXXX, Repealing BMC Ch. 2, Art. 5, Div. 10
Page 3 of 4
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the 9th day of September, 2025.
____________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is ______________, 20__.
_________________________________
TERRY CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
364
Ordinance No. XXXX, Repealing BMC Ch. 2, Art. 5, Div. 10
Page 4 of 4
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
365
Memorandum
REPORT TO:City Commission
FROM:Zachary Moon, Associate Planner
Chris Saunders, Community Development Manager
Rebecca Harbage, Deputy Director of Community Development
Erin George, Director of Community Development
SUBJECT:An Ordinance, Final Adoption, Establishing a Zoning Designation of R-4,
Residential High-Density District, in Association with the Annexation of 10
Acres, the 5532 Fowler Lane Annexation, Application 24492
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final Adoption of Ordinance 2025-XX
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 Commission approved Application 24492 on April 8, 2025, to annex 10
acres and establish an initial zoning designation of R-4, Residential High-
Density District, subject to terms of annexation and contingencies for zoning.
A signed annexation agreement was received on July 30, 2025.
The Commission voted (4:1) to approve the annexation, Commissioner
Madgic dissenting. The Commission voted (4:1) to approve the associated
initial zoning of R-4, Commissioner Madgic dissenting. The Resolution
annexing the property was adopted on September 9th, 2025 and the
Ordinance was provisionally adopted the same day.
The property is located just north of Blackwood Road along Fowler Lane. The
application received public comment. The applicants are requesting initial
zoning of R-4.
The proposed annexation would bring in additional right of way to build out
sections of Fowler Lane, and upon future development additional internal
local street network.
The property has an existing residence with associated outbuildings. No city
services exist on the parcel. Nearby municipal zoning includes R-4 along the
northern property line and R-3 on the east property line. The remaining area
is bordered by un-annexed property zoned A-S in the Gallatin County
366
Bozeman Area Zoning District. The subject property is within the urban
planning and municipal service area for the City.
UNRESOLVED ISSUES:There are no issues with this Ordinance.
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
24492 5532 Fowler Lane Ord.docx
5532 Fowler Lane ZMA MAP.pdf
Report compiled on: September 16, 2025
367
Ord 2025-___
Page 1 of 6
ORDINANCE 2025 - ____
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY
DESIGNATE 10.156 ACRES AS R-4, RESIDENTIAL HIGH-DENSITY DISTRICT,
KNOWN AS THE 5532 FOWLER LANE ZONE MAP AMENDMENT, APPLICATION
24492.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning
map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning
maps if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must
conduct a public hearing and submit a report to the City Commission for all zoning map
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to establish a zoning classification of R-4 (Residential High
Density) on 10.156 acres plus the adjacent right-of-way respectively has been properly
submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Community Development Board
acting in their capacity as the Zoning Commission held a public hearing on March 17,
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Ordinance 2025 - ____ Zoning Ordinance
Page 2 of 6
2025, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City
Commission that application No. 24492 the 5532 Fowler Lane Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on
April 8, 2025, to receive and review all written and oral testimony on the request for the
zone map amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map
amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed
zone map amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption
of this Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by
Resolution 5133 to establish policies for development of the community including
zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which
the City reviews and applies the criteria for amendment of zoning established in
76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an
adopted growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required
criteria are satisfied;
5. The two required public hearings were advertised as required in state law and
municipal code and all persons have had opportunity to review the materials
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Ordinance 2025 - ____ Zoning Ordinance
Page 3 of 6
applicable to the application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law
and conducted their required public hearing; and after consideration of application
materials, staff analysis and report, and all submitted public comment
recommended approval of the application.
7. The City Commission conducted a public hearing to provide all interested parties
the opportunity to provide evidence and testimony regarding the proposed
amendment prior to the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and
report, Zoning Commission recommendation, all submitted public comment, and
all other relevant information.
9. The City Commission determines that, as set forth in the staff report and
incorporating the staff findings as part of their decision, the required criteria for
approval of the 5532 Fowler Lane Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby
designated as R-4, Residential High-Density District:
An area of land comprised described as follows:
A tract of land being the North Half of the South Half of the Southwest Quarter of
the Southwest Quarter of Section 23 as well as the 30' strip of contiguous County
Road Right of Way lying westerly of said tract,
all in Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more
particularly described as follows:
BEGINNING at a calculated position on the Section line common to Sections 22
& 23 being the Southwest corner of said Tract from which a 5/8" Rebar, the
Section corner common to Sections 22,23,26,27 bears South 00°05' 51" East a
distance of 332.52 feet;
thence South 89° 53' 16" West a distance of 30.00 feet to a calculated position
on the west line of the Fowler Ln. Right of Way
thence North 00° 05' 51" West along said Right of Way Line a distance of 332.49
feet to a calculated position;
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Ordinance 2025 - ____ Zoning Ordinance
Page 4 of 6
thence leaving said Right of Way Line North 89° 52' 12" East a distance of
1360.14 feet to a Calculated Position;
thence South 00° 01' 54" West a distance of 332.91 feet to an "RW Allen"
Aluminum Cap;
thence South 89° 53' 16" West a distance of 1329.39 feet to the Point of
Beginning,
containing 10.385 acres more or less.
SUBJECT to all easements of record or apparent from visual inspection of the
property.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the
provisions of this ordinance are, and the same are hereby, repealed and all other
provisions of the ordinances of the City of Bozeman not in conflict with the provisions of
this ordinance shall remain in full force and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that
were incurred or proceedings that were begun before the effective date of this ordinance.
All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall
remain in full force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall
not affect the validity of this ordinance as a whole, or any part or provision thereof, other
than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the
validity of the Bozeman Municipal Code as a whole.
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Ordinance 2025 - ____ Zoning Ordinance
Page 5 of 6
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered
into a disposition list in numerical order with all other ordinances of the City and shall be
organized in a category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
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Ordinance 2025 - ____ Zoning Ordinance
Page 6 of 6
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___th day of _______________,
2025.
_______________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the
____ of ________________, 2025. The effective date of this ordinance is
_____________, ____, 2025.
____________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
____________________________
GREG SULLIVAN
City Attorney
373
374
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Special Presentation on the Release of the Unified Development Code
Update and Upcoming Public Review Process
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Receive information.
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 City released the updated draft of Chapter 38, Unified Development
Code, for public review on Sept 20th. This updated draft text and map were
updated based on months of public input, five City Commission
worksessions, and changed state laws.
The City began the code update process in 2022. A website, Engage
Bozeman [external link] contains public input results, information on the
project, and materials from public meetings and engagement throughout the
project; as well as the updated draft and map.
The new draft text and map are available for public review. Summaries of
changes from the prior draft text and map are included on the website.
This presentation will show where to find the new materials, go over some
highlights of the changes, and outline the upcoming review process.
UNRESOLVED ISSUES:None, no decision required with this item.
ALTERNATIVES:None, no decision required with this item.
FISCAL EFFECTS:All funds for this project were previously budgeted.
Report compiled on: September 9, 2025
375
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Manager for Housing
SUBJECT:Economic and Planning Systems Analysis of the Feasibility of the
Affordability Requirements of the Water Adequacy for Residential
Development (WARD) Ballot Initiative
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:None.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The City asked a neutral third party real estate economics firm, Economic
and Planning Systems, Inc., to conduct a study of the feasibility of the
affordable housing requirements in the Water Adequacy for Residential
Development (WARD) ballot initiative. Brian Duffany, a principal at EPS, will
deliver their findings.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Not applicable.
FISCAL EFFECTS:None at this time.
Attachments:
233073-Water Ballot Initiative Slidedeck 9-16-25.pdf
Report compiled on: September 11, 2025
376
1600 Stout Street, Suite 1850 Denver, CO 80202
303.623.3557 www.epsys.comThe Economics of Land Use
FEASIBILITY OF WATER REQUIREMENTS BALLOT INITIATIVE
September 16, 2025
377
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 1
WATER BALLOT INITIATIVE
378
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 2
WHAT DOES THIS MEAN FOR DEVELOPMENT?
•Feasibility
–Less development revenue generated by for-sale and rental housing with an affordability requirement
–Cost to build stays about the same
•Development will need to purchase water rights if they do not meet the affordability
requirements
–Water is not sold in a “retail” market
–Difficult lengthy process to purchase water rights for municipal use
•The cost of development in Bozeman will likely increase
•The supply of housing in Bozeman will likely not keep up with demand
•Due to the laws of supply and demand, the cost of existing housing may also increase,
reducing affordability for everyone
379
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 3
TESTING THE IMPACTS
•Premise
–A development project needs to generate enough profit/return to happen
–Builders and developers need to earn a profit like any other business
•What is a real estate proforma analysis?
–Estimates development costs and revenues
–Calculates profit margins and rates of returns
–Planning tool to determine if a project will be feasible and worth doing
•If housing development is not profitable (feasible), it will not occur
380
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 4
FOR-SALE AFFORDABILITY GAP
•Difference between cost to build and
affordable purchase price at 120% of
AMI
•Single-Unit Detached Home
–Cost to build: $783,815 (1,500 sq. ft.)
–120% Area Median Income (AMI) purchase
price: $462,632
–Affordability gap: $321,183
•Ballot measure does not propose any
means of closing this gap
381
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 5
SINGLE UNIT DETACHED SCENARIO
•Assume a 30-unit project
•Scenarios
–Baseline: 30 homes, all market rate
–Proposed: 10 affordable homes
(33%), 20 market rate homes
•Home prices
–Market rate: $783,815
–Affordable 120% AMI: $462,632
•The weighted average price per
home is $107,000 less in the
affordable scenario
Baseline Scenario Proposed Initiative
Description All Market Rate 33% Affordable
Market Rate Homes
Units 30 20
Sale Price $783,815 $783,815
Revenue $23,514,451 $15,676,301
Affordable Homes
Units 0 10
Sale Price $462,632 $462,632
Revenue $0 $4,626,316
Total Sales Revenue $23,514,451 $20,302,616
Weighted Average Price per Home $783,815 $676,754
Source: Economic & Planning Systems
382
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 6
SINGLE UNIT DETACHED PROFIT MARGIN
•Profit = revenue minus cost
•Baseline scenario (no affordability
requirement)
–10% profit or ~$78,000 per home
–Total profit of $2.35 million on 30 market
rate units
•33% affordability requirement
–Negative 3.7% profit
–Loss of ~$25,000 per home
–Total loss of ~$750,000 on 20 market rate
and 10 affordable units
SFD SFD
Description Baseline 33% Set Aside
Profit Margin per Unit
Sale Revenues $783,815 $676,754
Land cost -$150,000 -$150,000
Construction costs -$528,000 -$528,000
Cost of sale -$27,434 -$23,686
Profit/Loss $78,382 -$24,933
Profit Margin 10.0%-3.7%
Total Units 30 30
Total Profit/Loss $2,351,445 -$747,975
Source: Economic & Planning Systems
383
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 7
MULTIFAMILY RENT REVENUE
•Rents
–Market rent ~$2,100/month for a 2 bedroom
–60% AMI affordable rent: $1,606/month for a
2 bedroom
•Affordable Scenario brings in $177,840
less revenue annually
•Net Operating Income (NOI) is derived
from this after accounting for operating
expenses
Description Baseline 33% Set Aside Difference
Market Rate Rent $2,100 $2,100
Market Rate Units 90 60
Market Rate Rental Income $2,268,000 $1,512,000
Affordable Unit Rent $1,606 $1,606
Affordable Units 0 30
Affordable Unit Income $0 $578,160
Total Rental Income $2,268,000 $2,090,160 -$177,840
Source: Economic & Planning Systems
384
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 8
MULTIFAMILY FEASIBILITY COMPARISON
•The ratio of Net Operating Income to
costs needs to be about 6.5% to 7.0%
–This is the yield-on-cost (YOC) hurdle rate
•Development Costs are the same for
both scenarios: $26.8 million
•The feasible development cost is NOI
divided by the YOC rate
•The NOI is lower in the affordable
scenario due to less rental income
–This results in a lower feasible development
cost in an already challenging market
–Neither project is feasible in the current
market
Description Baseline 33% Set Aside Difference
Total Development Costs $26,820,000 $26,820,000 $0
Net Operating Income $1,344,600 $1,175,652 -$168,948
Yield on Cost Target 6.5%6.5%--
Feasible Development Cost $20,686,154 $18,086,954 -$2,599,200
Value/Profit or Gap -$6,133,846 -$8,733,046 -$2,599,200
per Unit -$68,154 -$97,034 -$28,880
Source: Economic & Planning Systems
385
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 9
MULTIFAMILY VALUE/PROFIT OR GAP
•Baseline (market rate) project has a
development feasibility gap of $6.1
million: not feasible in today’s
market
•High costs and high interest rates are
making feasibility challenging in
many areas of the U.S.
•33% Set Aside project is even less
feasible with a gap of $8.7 million
–Almost $100,000 per unit
–$2.6 million difference from baseline
•The ballot measure does not provide
any means for closing this gap
Description Baseline 33% Set Aside Difference
Yield on Cost Target 6.5%6.5%
Actual Yield on Cost 5.0%4.4%
Value/Profit or Gap -$6,133,846 -$8,733,046 -$2,599,200
per Unit -$68,154 -$97,034 -$28,880
Source: Economic & Planning Systems
386
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 10
FINDINGS
•For-Sale Residential
–A 33% set aside requirement for SFD would make most development infeasible
–All else equal, the sale price of a market rate single unit home would need to be just around $950,000
to cover the loss and hit 10% profit
•Multifamily
–Development is already challenging in current market
–High interest rates requires higher rates of return (the YOC hurdle rate)
–Construction costs have continued to increase since the pandemic
–A 33% set aside requirement makes most multifamily development even more infeasible
387
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 11
MAIN TAKEAWAYS
•It is unrealistic for most development to bring its own water, which would then trigger
the 33% affordability requirement
•Affordable housing typically needs free or heavily discounted land, and other incentives
to be feasible
•The proposed ballot measure is likely to restrict the housing market’s ability to keep up
with labor force demand
•The proposed measure creates an additional cost hurdle in an already challenging
development market
388
TECHNICAL APPENDIX
389
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 13
2025 BOZEMAN INCOME LIMITS
•HUD sets Income Limits by AMI for For-
Sale products annually
–At 120% AMI, 1-person income limit is
$100,000 in Bozeman
–For a 2-person household, it is $114,400
•The Water Ballot Initiative sets the AMI
at 120% for for-sale housing and 60% for
rental housing
–The rental analysis uses maximum rent in
place of maximum income
–For-Sale affordability is determined using
120% AMI for a 2.5-person household to
approximate an average household size
Description 1 person 2 person 3 person 4 person
AMI HUD Income Limits
30%$25,000 $28,600 $32,150 $35,700
40%$33,300 $38,100 $42,800 $47,600
50%$41,650 $47,600 $53,550 $59,500
60% - Rent Limit $49,980 $57,120 $64,260 $71,400
70%$58,300 $66,700 $75,000 $83,300
80%$66,650 $76,200 $85,700 $95,200
90%$75,000 $85,800 $96,400 $107,100
100%$83,300 $95,300 $107,100 $119,000
120% - For Sale Limit $100,000 $114,400 $128,500 $142,800
130%$108,300 $123,900 $139,200 $154,700
140%$116,600 $133,400 $149,900 $166,600
150%$125,000 $143,000 $160,700 $178,500
200%$166,600 $190,600 $214,200 $238,000
Source: State of Montana; Economic & Planning Systems
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Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 14
2025 BOZEMAN AFFORDABLE RENT LIMITS
•Defined by HUD
•Rental scenario uses the 60%
AMI Rent Limit for a 2-bed
unit
•In 2025, the limit is $1,606
per month rent in Bozeman
•Rent Limits are updated
annually using an inflationary
factor that has led to rents
and income definitions
increasing faster than actual
incomes and wages
Description Studio 1-bed 2-bed 3-bed 4-bed
AMI HUD Rent Limits
50%$1,041 $1,115 $1,338 $1,547 $1,726
60% - Rent Limit $1,249 $1,338 $1,606 $1,857 $2,071
65%$1,334 $1,431 $1,719 $1,977 $2,186
100%$1,448 $1,626 $2,087 $2,924 $3,453
Source: State of Montana; Economic & Planning Systems
391
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 15
SINGLE UNIT DETACHED AFFORDABLE PRICE
•Affordable SFD Home
Price for a 2.5-person
household earning 120% of
AMI is $462,632
•Estimated Sale Price for a
new 1,500 sq. ft. SFD is
$783,815
•Affordability Gap of
$321,183
120% AMI
Household Size
Household Income 2.5-Person $121,450
Monthly Housing Cost at 30%$3,036
Affordable Monthly Payment
Less: Insurance $2,500 / Year -$208
Less: Property Taxes 0.93% ass't rate 158.170 mills -$50
Affordable Mortgage Payment (Monthly)$2,778
Valuation Assumptions
Loan Amount $439,500
Mortgage Interest Rate 6.5%6.5% int.
Loan Term 30-year term 30-year term
Down payment as % of Purchase Price 5.0% down pmt 5.0%
Down payment amount $23,132
Single Family Detached Affordability Gap
Estimated Sale Price for Single Family Detached (2025)$783,815 $783,815
Maximum Affordable Purchase Price -$462,632
Gap $321,183
Source: City of Bozeman; Economic & Planning Systems
392
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 16
FOR-SALE DEVELOPMENT COSTS
•Single Unit Detached
–Estimated Home Price: $783,815
–Home Size: 1,500 sq. ft.
–Finished Lot Price at $150,000
–Hard Costs are estimated at $320 per sq. ft.
–Soft Costs are estimated at 10% of Hard
Costs
–Profit is 10% of Sale Price
–Cost of Sale is 3.5% of Sale Price
Description SFD
Market Rate Costs
Finished Lot Price $150,000
Home Size Sq. Ft.1,500
Hard Cost per Sq. Ft.$320
Hard Cost $480,000
Soft Costs as % of HC 10.0%
Soft Costs $48,000
Profit % on Sale Price 10.0%
Profit $78,382
Cost of Sale % on Sale Price 3.5%
Cost of Sale $27,434
Home Price $783,815
Market Rate Cost (No Land)$633,815
Source: Economic & Planning Systems
393
Economic & Planning Systems, Inc.Bozeman Water Ballot Initiative 17
MULTIFAMILY DEVELOPMENT COSTS
•Development costs total $26.8 million in
both multifamily scenarios
•90 units in both scenarios
–$25,000 per unit for land
–$210,000 per unit for hard costs
–Soft costs are 30% of hard costs
Development Costs Factor Total
Land Costs
Site Acquisition $25,000 per residential unit $2,250,000
Subtotal $25,000 per residential unit $2,250,000
Hard Costs
General Hard Costs $210,000 $18,900,000
Subtotal $210,000 per residential unit $18,900,000
Soft Costs 30.0%% of hard costs $5,670,000
Total Multifamily Development Cost $26,820,000
Source: Economic & Planning Systems
per residential unit
394
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, City Treasurer
Kaitlin Johnson, Budget Manager
Melissa Hodnett, Finance Director
SUBJECT:Resolution for the Annual Assessment for Business Improvement District
(BID) for Fiscal Year 2026
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to Approve this Commission Resolution for the
Annual Assessment for the Business Improvement District (BID) for Fiscal
Year 2026.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated Title 7 Chapter 12 Part 11 allows for the creation
of business improvement districts that will serve a public use, promote the
health, safety, prosperity, security, and general welfare of the inhabitants of
the district and of the people of this state, be of special benefit to the
property within the boundaries of the district, or aid in tourism, promotion,
and marketing within the district. The Downtown Bozeman Business
Improvement District (BID) has a stated goal of ensuring the long-term
preservation and vitality of the city's underlying economic, cultural, social,
and environmental assets. The BID was originally founded in 2000, expanded
in 2006, renewed in 2010, and renewed again in 2020. BID revenues are
derived from an annual assessment based on each property's portion of the
district's taxable value. The BID is overseen by a board appointed by the City
Commission. BID monies support numerous programs including the summer
flower baskets, holiday lighting, graffiti removal, and year-round
maintenance employees. As prescribed by Montana Code Annotated 7-12-
1132, the Commission was presented on May 06, 2025, with the Downtown
Business Improvement District (BID) work plan and budget which proposed
$280,000 in assessments to downtown business owners. On June 10, 2025,
the City Commission adopted the FY26 budget, consistent with the work
plan and budget presented. This Resolution formally levies and assesses the
special assessment upon all real property in the business improvement
district to defray the estimated cost and expense to be incurred as outlined
395
in the work plan and budget.
UNRESOLVED ISSUES:None
ALTERNATIVES:The work plan and budget adopted for the Downtown BID on May 06, 2025,
can only be funded by approving this resolution and making the associated
assessments.
FISCAL EFFECTS:The assessments proposed are consistent with the FY26 adopted budget and
the Downtown BID work plan and budget adopted by the Commission on
May 06, 2025. The downtown businesses within the business improvement
district will be billed based on their assessed taxable value as it relates to the
taxable valuation of the whole district. The assessment rate in said business
improvement district shall be set to ensure $280,000.00 is billed. This rate
for FY 2026 is 0.021185 per taxable valuation.
Attachments:
Resolution-BID_Assessments_FY26.docx
BID Schedule A.PDF
Report compiled on: September 4, 2025
396
Version April 2020
RESOLUTION XX-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 BUSINESS IMPROVEMENT
DISTRICT LOCATED IN THE CITY OF BOZEMAN’S DOWNTOWN AREA TO
DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE
BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR AS OUTLINED IN
THE DISTRICT’S WORK PLAN AND BUDGET.
WHEREAS Commission Resolution No.’s 4256, 4263 and 5140 and Ordinance No. 1790
passed as aforesaid are hereby referred to and made a part of this resolution for further particulars
in respect to the boundaries of said district the purpose of the district and the duration of the district,
and
WHEREAS Section 7-12-1132 (4) Montana Code Annotated provides that said special
assessments shall be made levied and collected in the same manner as are other special assessments
and levies of the City of Bozeman, and
WHEREAS pursuant to Section 7-12-1132 (2) Montana Code Annotated the City
Commission did on the 6th day of May 2025 receive the work plan and budget submitted, and
WHEREAS the work plan and budget provide for parcels to be assessed for that part of
the whole cost of the district which its taxable valuation bears to the total taxable valuation of the
property of the district pursuant to Section 7-12-1133 (2) c Montana Code Annotated, and
WHEREAS to defray the costs of the business improvement district for the coming
397
Version April 2020
assessment year, the Commission must now establish an assessment to be levied for said year.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That to defray the estimated cost and expense of the business improvement district in the
City’s downtown area for the fiscal year 2026 there is hereby levied and assessed against the
taxable valuation of the several lots pieces and parcels of land benefited by the district within the
City of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part
hereof which describes each lot or parcel of land with the name of the owner and or owners, if
known, and the amount assessed against the same that the several sums set opposite the names of
said owners; and the described lots and parcels of land are hereby levied and assessed upon and
against said lots and parcels of land for said purpose that the several sums be collected from the
respective owners of said lots and parcels of land described in said assessment list and owned by
them; that the said sums shall be paid and the collection thereof be made in the manner and in
accordance with Ordinance No. 1790 of the City of Bozeman Montana and the laws of the State
of Montana governing the collection of a business improvement district assessments; that failure
to pay such assessment when the same shall become due and payable shall make such persons and
such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes
and assessments; and that the November assessments shall become delinquent at 5:01 p m on
November 30, 2025 and the May assessments shall become delinquent at 5:01 pm on May 31,
2026.
Section 2
That each lot or parcel of land including the improvements thereon, may be assessed for
that part of the whole cost of the district which its taxable valuation bears to the total taxable
valuation of the property in the district. The assessment rate in said business improvement district
shall be $280,000.00 which is 0.021185 per taxable valuation.
398
Version April 2020
Section 3
That this assessment be levied for the fiscal year 2026 (July 1, 2025, through June 30, 2026)
and be billed in October 2025 as are other City special assessments.
Section 4
That the assessments as collected shall be placed in the business improvement district fund
and shall be used to defray the costs thereof as provided by law.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 23rd day of September 2025.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
399
09/04/25 11:10:52 CITY OF BOZEMAN PAGE 1
BID SCHEDULE A
FY26
OWNER LEGAL Location AMOUNT
NAME DESCRIPTION ID ASSESSED
A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #6 141410 536.54
A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #7 141420 57.73
A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #8 141360 15.44
A & L MCBRIDE PROPERTIES STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #11 141350 37.58
A.O. BUTLER LLC MENDENHALL MARKETPLACE CO UNIT R-6 ORIGINAL TOWNSITE LOT 13- 207160 186.22
ABG LLC BRIDGERVIEW CONDO UNIT 1 265220 46.12
ABG LLC BRIDGERVIEW CONDO UNIT 2 265230 62.96
ABG LLC BRIDGERVIEW CONDO UNIT 12 265330 28.22
ABG LLC BRIDGERVIEW CONDO UNIT 13 265340 25.95
ABG LLC BRIDGERVIEW CONDO UNIT 16 265370 51.59
ABG LLC BRIDGERVIEW CONDO UNIT 17 265380 51.56
ABG LLC BRIDGERVIEW CONDO UNIT 18 265390 36.42
ABG LLC BRIDGERVIEW CONDO UNIT 19 265400 36.42
ABG LLC BRIDGERVIEW CONDO UNIT 20 265410 36.42
ABG LLC BRIDGERVIEW CONDO UNIT 21 265420 32.92
ABG LLC BRIDGERVIEW CONDO UNIT 22 265430 35.21
ABG LLC BRIDGERVIEW CONDO UNIT 23 265440 18.22
ABG LLC BRIDGERVIEW CONDO UNIT 24 265450 6.14
ABG LLC BRIDGERVIEW CONDO UNIT 25 265460 28.22
AKM 238 LLC OP LOT 10 BLOCK C, ALL LOTS 11 & 12 BLOCK C 2380 1,595.98
AKM 310 LLC OP LOT 13, W 16' LOT 14 BLOCK C 2320 1,073.28
ALBRO, CARRIE A &CHRISTOP HBP RESIDENTIAL CONDOMINI UNIT 315 TRACYS 2 LOT 1A BLK A 250460 69.78
AMERICAN BANK OF MONTANA CHURCH & MAIN CONDOS UNIT ROUSE 1ST LOTS 10-19 W 1/ LOT 20 BLOCK E 85130 758.45
AMERICAN BANK OF MONTANA CHURCH & MAIN CONDOS UNIT ROUSES 1ST LOTS 10-19 W 1 LOT 20 BLOCK E 97230 1,583.51
ANGEL, GEOFFREY C & CARRI BAXTER CONDO UNIT 3C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126200 115.27
ARCHROCK LLC OP E 5' OF LOT 7 & W 27 1 OF LOT 8 BLOCK C 2470 1,250.86
BAIDE REAL ESTATE CO LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 2 2290 349.45
BAIDE REAL ESTATE CO LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 4 140720 125.54
BAR KEEPER LLC OP PORTION LOTS 15-16, A LOTS 17-19 BLOCK D BOZ MULTI LEVEL SHOP COMPLEX 139600 189.65
BAR KEEPER LLC OP PORTION LOTS 15-16 AL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 139860 165.84
BAXTER MAIN LLC TRACYS 1ST WEST 10' LOT 4 BLOCK B BID ONLY 136230 99.21
BAXTER MAIN LLC BAXTER CONDO UNIT 3A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126190 136.83
BAXTER MAIN LLC BAXTER CONDO UNIT 6E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 146590 116.01
BAXTER MAIN LLC BAXTER CONDO UNIT BA TRACYS 1ST LOTS 1-4 & E 18' LOT 4 BLOCK B 86570 8.56
BAXTER MAIN LLC BAXTER CONDO UNIT BB TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86580 2.71
BAXTER MAIN LLC BAXTER CONDO UNIT BC TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86590 1.44
BAXTER MAIN LLC BAXTER CONDO UNIT BD TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86600 3.62
BAXTER MAIN LLC BAXTER CONDO UNIT BE TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86610 1.84
BAXTER MAIN LLC BAXTER CONDO UNIT BF TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86740 2.61
BAXTER MAIN LLC BAXTER CONDO UNIT BG TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86620 7.54
BAXTER MAIN LLC BAXTER CONDO UNIT BH TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86750 1.80
BAXTER MAIN LLC BAXTER CONDO UNIT BJ TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86630 8.03
BAXTER MAIN LLC BAXTER CONDO UNIT BK TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86760 2.39
BAXTER MAIN LLC BAXTER CONDO UNIT BL TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86640 11.42
BAXTER MAIN LLC BAXTER CONDO UNIT BM TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86650 6.46
BAXTER MAIN LLC BAXTER CONDO UNIT BN TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86770 32.75
BAXTER MAIN LLC BAXTER CONDO UNIT BP TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86780 10.13
BAXTER MAIN LLC BAXTER CONDO UNIT BQ TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86660 1.27
400
09/04/25 11:10:52 CITY OF BOZEMAN PAGE 2
BID SCHEDULE A
FY26
OWNER LEGAL Location AMOUNT
NAME DESCRIPTION ID ASSESSED
BAXTER MAIN LLC BAXTER CONDO UNIT BR TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86790 1.29
BAXTER MAIN LLC BAXTER CONDO UNIT BS TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86670 7.20
BAXTER MAIN LLC BAXTER CONDO UNIT BT TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86800 8.81
BAXTER MAIN LLC BAXTER CONDO UNIT BU TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86680 5.76
BAXTER MAIN LLC BAXTER CONDO UNIT BV TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86690 5.21
BAXTER MAIN LLC BAXTER CONDO UNIT BW TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86700 10.23
BAXTER MAIN LLC BAXTER CONDO UNIT 1A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126130 230.58
BAXTER MAIN LLC BAXTER CONDO UNIT 1B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126140 119.23
BAXTER MAIN LLC BAXTER CONDO UNIT 1C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126150 53.45
BAXTER MAIN LLC BAXTER CONDO UNIT 1D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126160 110.93
BAXTER MAIN LLC BAXTER CONDO UNIT 1E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126170 66.63
BAXTER MAIN LLC BAXTER CONDO UNIT 1F TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126180 98.47
BAXTER MAIN LLC BAXTER CONDO UNIT 1G TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86710 80.80
BAXTER MAIN LLC BAXTER CONDO UNIT 1J TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86720 8.07
BAXTER MAIN LLC BAXTER CONDO UNIT 1K TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86730 197.53
BAXTER MAIN LLC BAXTER CONDO UNIT MA TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 85830 51.25
BAXTER MAIN LLC BAXTER CONDO UNIT MB TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 85880 114.46
BAXTER MAIN LLC BAXTER CONDO UNIT MC TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 85890 28.77
BAXTER MAIN LLC BAXTER CONDO UNIT MD TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 85900 32.39
BAXTER MAIN LLC BAXTER CONDO UNIT MF TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 85910 29.15
BAXTER MAIN LLC BAXTER CONDO UNIT MG TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 85850 19.91
BAXTER MAIN LLC BAXTER CONDO UNIT MH TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 85860 16.97
BAXTER MAIN LLC BAXTER CONDO UNIT MJ TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 85870 16.10
BAXTER MAIN LLC BAXTER CONDO UNIT 2A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 91730 537.55
BAXTER MAIN LLC BAXTER CONDO UNIT 3B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 146530 148.02
BAXTER MAIN LLC BAXTER CONDO UNIT 3D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 146540 88.70
BAXTER MAIN LLC BAXTER CONDO UNIT 3E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126210 105.35
BAXTER MAIN LLC BAXTER CONDO UNIT 4A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126220 139.44
BAXTER MAIN LLC BAXTER CONDO UNIT 4B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 146550 137.94
BAXTER MAIN LLC BAXTER CONDO UNIT 4C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126230 117.81
BAXTER MAIN LLC BAXTER CONDO UNIT 4D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 146560 110.46
BAXTER MAIN LLC BAXTER CONDO UNIT 4E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126240 109.61
BAXTER MAIN LLC BAXTER CONDO UNIT 5A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126250 144.55
BAXTER MAIN LLC BAXTER CONDO UNIT 5B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 146570 146.77
BAXTER MAIN LLC BAXTER CONDO UNIT 5C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126260 122.41
BAXTER MAIN LLC BAXTER CONDO UNIT 5D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126270 114.32
BAXTER MAIN LLC BAXTER CONDO UNIT 5E TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126280 83.02
BAXTER MAIN LLC BAXTER CONDO UNIT 6A TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126290 168.87
BAXTER MAIN LLC BAXTER CONDO UNIT 6B TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126300 149.40
BAXTER MAIN LLC BAXTER CONDO UNIT 6C TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 146580 124.99
BAXTER MAIN LLC BAXTER CONDO UNIT 6D TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 126310 116.88
BAXTER MEZZ LLC-BAXTER HO BAXTER CONDO UNIT 1H TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 86560 73.77
BAXTER MEZZ LLC-BAXTER HO BAXTER CONDO UNIT ME TRACYS 1ST LOTS 1-3 & E 18' LOT 4 BLOCK B 85840 53.73
BAXTER MEZZ LLC-BAXTER HO TRACYS 1ST LOT 13 BLOCK B 145490 265.01
BAYR-NOBEL, CLAUDIA HBP RESIDENTIAL CONDOMINI UNIT 322 TRACYS 2 LOT 1A BLK A 250510 102.62
BCA RE, LLC OP 1.5' E SIDE LOT 4 & W LOT 5 BLK B PLAT C-1-B 4860 949.01
BERG, DAN & DEANA STORYS SOUTH 45.5 LOTS 10 BLOCK B WEST 23 X 60' OF ALDERSONS AE LOT IV 14590 575.05
BETHERE LLC TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 5140 281.57
401
09/04/25 11:10:52 CITY OF BOZEMAN PAGE 3
BID SCHEDULE A
FY26
OWNER LEGAL Location AMOUNT
NAME DESCRIPTION ID ASSESSED
BJORKLUND, STEVE STORYS S43' OF LOTS 10-11 BLOCK B 14610 378.03
BLUEVIEW LLC HBP RESIDENTIAL CONDOMINI UNIT 511 TRACYS 2 LOT 1A BLK A 250740 110.48
BOCAR FAMILY HOLDINGS LIM OP LOT 14, PORT LOTS 15 & BLOCK D 30970 1,348.46
BOUMA, LOGAN C HBP RESIDENTIAL CONDOMINI UNIT 506 TRACYS 2 LOT 1A BLK A 250700 148.97
BOWMAN, MADELEINE V MERIN CONDO UNIT 108 OP S1/2 LOTS 35-38 BL 1 277410 158.51
BROOKS, KENT & KENT LLC ROUSES 1ST LOTS 26-28 & LOT 25 BLOCK E 32040 1,356.44
BURGARD PRINTING PROP LLC OP LOTS 1-5 BLOCK I 86970 1,876.05
CARLS, THOMAS M & HILLARY ROUSES 1ST E 24' LOT 27, LOT 28 BLOCK F 30130 188.34
CARMEL, CHRISTOPHER F & L HBP RESIDENTIAL CONDOMINI UNIT 517 TRACYS 2 LOT 1A BLK A 250780 193.23
CEG LLC TRACYS LOTS 5-6 BLOCK B 25860 1,073.24
CEG LLC OP E 9 1/2' LOT 9, W 18' LOT 10 BLOCK E 139700 1,074.94
CELL BLOCK B LLC OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT B 139730 287.00
CELL BLOCK B LLC OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT C 139740 239.05
CELL BLOCK B LLC OP E 18 1/2' LOT 9 BLOCK W 4' LOT 10 BLOCK F 26660 1,027.59
CGS GROUPL LTD OP E24' OF LOT 10 ALL LOTS 11-12 BLOCK F 88180 2,608.40
CHURA FAMILY LLC HBP RESIDENTIAL CONDOMINI UNIT 417 TRACYS 2 LOT 1A BLK A 250650 188.46
CIMMIYOTTI, CYD HBP RESIDENTIAL CONDOMINI UNIT 415 TRACYS 2 LOT 1A BLK A 250630 72.73
COLE, STEPHEN T & ADRIENN HBP RESIDENTIAL CONDOMINI UNIT 407 TRACYS 2 LOT 1A BLK A 250540 243.93
COLOMBO JR, JOSEPH J & JA STORYS LOT 11 22.5'WS LO N 4' LOT 12 BLOCK A, 4'N OF W 22.5' LOT 13 BLOCK 86160 1,149.42
COPPER 101 LLC OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID ONLY WILLSON BUILDING CONDOS U 146630 851.26
COWDREY, MARVIN & JUDY STORYS LOTS 1-4, 17-18 BL ALDERSONS A E E 60' END L 65120 3,886.63
CRAWFORD BOZEMAN BUILDING STORYS LOT 1, E25' LOT 2, LESS S 35' BLOCK A 4970 1,761.21
CRYSTAL BOZEMAN PROPERTY OP W 24.55' LOT 7A BLOCK 26710 648.94
CUROTTO, FRANCIS J& KATHL TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT E 221590 129.00
DAVISON, JEFFREY C & RONA HBP RESIDENTIAL CONDOMINI UNIT 311 TRACYS 2 LOT 1A BLK A 250420 101.60
DB LLC OP E 5' LOT 4, W 26' LOT BARNETT CONDOS UNIT A BLOCK F 145760 414.49
DECKER BUILDING, LLC ROUSES 1ST LOTS 3-5 BLOCK 31910 991.95
DECOSSE EASTGATE LLC OP E 19.37' LOT 10, W 5.8 OF LOT 11 BLOCK D 96300 856.64
DECOSSE EASTGATE LLC OP S 64' LOTS 29-31 BLOCK 24 X 64' SOUTHWEST LOT 28 BLOCK D 136050 345.25
DERIENZO, JENNIFER HBP RESIDENTIAL CONDOMINI UNIT 413 TRACYS 2 LOT 1A BLK A 250610 72.71
DONALD R BAIDE REVOC TRUS ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 1 140680 169.65
DOWNTOWNER LLC STORYS SOUTH 85' LOTS 12 ALDERS AREA BLOCK B 75 FE EAST END LOT 4, 45 FEET W 146270 675.57
DOWNTOWNER LLC DOWNTOWNER MALL CONDOS- STORY'S ADD LT 1-3 & 5'ES BLK B, S 85' LT 12-15 163770 401.54
DOWNTOWNER LLC DOWNTOWNER MALL CONDOS- STORY'S ADD LT 1-3 & 5'ES BLK B, S 85' LT 12-15 163760 120.92
DOWNTOWNER LLC DOWNTOWNER MALL CONDOS- STORY'S ADD LT 1-3 & 5'ES BLK B, S 85' LT 12-15 163740 797.28
DOWNTOWNER LLC DOWNTOWNER MALL CONDO-STO ADD LT 1-3 & 5'ES LT 4 BL S 85' LT 12-15 LT 16-18 B 163750 1,070.99
DOWNTOWNER LLC STORYS LOTS 16-18 BLOCK B ALDERSONS AREA 90' EAST END III 4370 475.31
DOWNTOWNER LLC STORYS LOTS 1-3, 5' ES LO BLOCK B DOWNTOWNER MALL UNIT C 87220 253.48
DUTTON DEVELOPMENT LLC TRACYS W .86' LOT 8, ALL LOTS 9-10 BLOCK B NOW LOT 10A 63170 1,494.80
DWAP LLC MENDENHALL MARKETPLACE CO UNIT R-1 ORIGINAL TOWNSITE LOT 13- 67140 239.82
DWAP LLC MENDENHALL MARKETPLACE CO UNIT R-2 ORIGINAL TOWNSITE LOT 13- 207190 225.54
EDELBLUT, ALBERTINA TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT F 145090 132.77
EDELBUT, ALBERTINA HBP RESIDENTIAL CONDOMINI UNIT 313 TRACYS 2 LOT 1A BLK A 250440 69.78
EDELBUT, ALBERTINA HBP RESIDENTIAL CONDOMINI UNIT 314 TRACYS 2 LOT 1A BLK A 250450 69.78
EDELBUT, ALBERTINA HBP RESIDENTIAL CONDOMINI UNIT 317 TRACYS 2 LOT 1A BLK A 250480 185.73
ELVROM, RYAN & MANDY MENDENHALL MARKETPLACE CO UNIT R-4A ORIGINAL TOWNSITE LOT 13- 207170 62.92
ENTERPRISE INVESTMENTS LL JACOB'S CROSSING RESIDENT UNIT E ROUSE'S 1ST LOTS 6 132330 164.95
EPSTEIN, SARAH TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT I 146600 131.77
402
09/04/25 11:10:52 CITY OF BOZEMAN PAGE 4
BID SCHEDULE A
FY26
OWNER LEGAL Location AMOUNT
NAME DESCRIPTION ID ASSESSED
EVANS, ROBERT O OP LOT 5 BLOCK E 89040 749.00
EVANS, ROBERT O OP LOT 6 BLOCK E 89030 738.62
F & H LLC OP E 2.5' BLOCK D LOT 2, ALL LOTS 3, 4 & 5 & W 11. LOT 6 470 5,463.04
FIRST PRESBYTERIAN CHURCH STORY ADD PARCEL 1A PLAT C-22-D .195 ACRES 5050 843.66
FIRST SECURITY BANK OF BO OP E 14' LOT 6 ALL LOT 7 LOT 11 BLOCK H 89140 701.84
FISHER, CHARLES D & LAURA HALL COMMERCIAL BLDG COND UNIT 1 ROUSES 1ST E 12' LOT 23 A 208830 546.09
FIVE'S THE MOST LLC TRACYS ALL LOT 9, W25' LO BLOCK A 26550 1,481.73
FLAT WATER PROPERTIES LLC ROUSES 1ST LOTS 6-9 BLOCK 31830 1,155.78
FOURTH CRUSADE LLC TRACYS W25' LOT 13 BLOCK MCLEOD BUILDING 26520 737.73
FOURTH CRUSADE LLC TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT 1 145110 368.07
FOWLER PLACE LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139610 55.29
FOWLER PLACE LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 139920 50.91
FOWLER PLACE LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139930 97.22
FOWLER PLACE LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 139940 23.79
FROSTIC, PETER F J & MARI HBP RESIDENTIAL CONDOMINI UNIT 423 TRACYS 2 LOT 1A BLK A 250690 107.75
GALLATIN LABOR TEMPLE ROUSES 1ST LOT 20 W22' LOT 21 BLOCK F 30200 899.90
GALLATIN LODGE NO 6AF & A OP E10' OF LOT 10 ALL LOT 11 BLOCK E 66340 1,241.64
GARSKE, DANIEL & SHANA HBP RESIDENTIAL CONDOMINI UNIT 518 TRACYS 2 LOT 1A BLK A 250790 146.41
GENERAL WILLSON BUILDING OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID & SID ONLY WILLSON BUILDING CONDOS U 146620 381.44
GENERAL WILLSON BUILDING OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID ONLY WILLSON BUILDING CONDOS U 26690 258.33
GENERAL WILLSON BUILDING OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID ONLY WILLSON BUILDING CONDOS U 139640 112.28
GENERAL WILLSON BUILDING OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID ONLY WILLSON BUILDING CONDOS U 146640 156.05
GENERAL WILLSON BUILDING OP LOT 1 & W 24 1/2 LOT 2 BLOCK E BID ONLY GENERAL WILLSON BLDG COND 146650 125.56
GETZ JR, BERT A HBP RESIDENTIAL CONDOMINI UNIT 307 TRACYS 2 LOT 1A BLK A 250350 241.13
GLACIER BANK OP LOTS 1-4, W 5'LOT 5 & LOTS 29-36 BLOCK C 3140 9,924.49
GLACIER BANK OP LOTS 25-28 BLOCK C 21.4 X 120' SOUTH OF SAME ALL OF LOT 24 WEST OF OLD 145690 688.54
GLACIER BANK GUYS 1ST WEST 30 FT 1/2 A LOT 5 EAST 25 FT FRACTION LOT 2 89130 452.56
GLACIER BANK GUYS 1ST 64.5 X 140 IN NORTHWEST CORNER OF TRACT 62770 460.52
GOLDEN RULE HOLDINGS LLC TRACYS WEST 12.8' LOT 3, LOTS 4-5, 3.5 EASTSIDE LO BLOCK A 26580 3,031.26
GORDY, MARGARET GRACE & B JACOB'S CROSSING RESIDENT UNIT D ROUSE'S 1ST LOTS 6 132320 149.80
GREEN ELEPHANT DEVELOPMEN OP LOT 6A BLOCK I 30830 815.29
GREEN MEANS GO OP NORTH 100' OF LOTS 17 & NORTH 100' OF WEST 18' LOT 19 BLOCK I PLUS VACAN 211580 374.02
GSC FAMILY LLC ROUSES 1ST W 16' LOTS 6,7 & LOT 9 BLOCK F 29880 665.85
G25 HOLDINGS LLC O P-BOZ LOTS 6-12 BLOCK G AMENDED PLAT LOT 6-A PLAT C-1-L .684 ACRES 28470 15,355.24
HAGEN, AARON ADRIAN OP PORTION LOTS 15-16 A LOTS 17-19 BLOCK D BOZ MULTI LEVEL SHOP COMPLEX 140040 43.07
HAGEN, NICHOLAS HBP RESIDENTIAL CONDOMINI UNIT 512 TRACYS 2 LOT 1A BLK A 250750 107.92
HAJ JAVAD LLC ROUSES 1ST LOTS 1 & 2 BLO 31950 993.01
HAJ JAVAD LLC OP LOT 1 & W 25.5' OF LOT BLOCK D RUG GALLERY 30860 1,189.93
HAJ JAVAD LLC OP 60' S ENDS OF LOTS 32- BLOCK D 145730 454.13
HAJ JAVAD LLC OP N 90' LOTS 32-33 BLOCK 30840 616.38
HAMILTON PROPERTY MGMT LL STORYS W 24' LOT 8, E .05' LOT 9 BLOCK A 5020 715.83
HANSON, KANDACE & EVE DAR ROUSES 1ST BOZ ,E 20' LOT W 15' LOT 4 BLOCK F 29960 686.84
HIGH COUNTRY MALL LLC TRACYS 1ST EAST 12' LOT 1 LOTS 17-20 BLOCK B 146690 1,353.50
HIGH COUNTRY MALL LLC TRACYS 1ST PORTION LOTS 1 BLOCK B COS 1163 TRACT B 86250 255.39
HIMSWORTH RENTALS LLC TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 5070 145.67
HIMSWORTH RENTALS LLC TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 217650 222.00
HIMSWORTH RENTALS LLC TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 100870 39.87
HIMSWORTH RENTALS LLC TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 5090 412.16
403
09/04/25 11:10:52 CITY OF BOZEMAN PAGE 5
BID SCHEDULE A
FY26
OWNER LEGAL Location AMOUNT
NAME DESCRIPTION ID ASSESSED
HINES BUILDINGS LLC TRACYS 2 LOTS 1-3 E 1/2 LOT 4 BLOCK B 26490 1,648.52
JAB RENTALS LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 6 140760 193.34
JOHNSON, LIANE S OP LOTS 1-3 BLOCK H 28490 998.52
JUST PLAIN LOCAL LLC ROUSES 1ST LOT 1 & 2 BLOC 1780 911.45
KENYON NOBLE LUMBER CO OP LOT 13 TO LOT 18 & NORTH 1/2 OF LOT 19 BLOCK 145830 2,542.45
KERN, KRISTIN HBP RESIDENTIAL CONDOMINI UNIT 508 TRACYS 2 LOT 1A BLK A 250720 72.75
KETTERER LLC TRACYS E1/2 LOT 18, ALL LOTS 19-20 BLOCK C 25780 1,068.39
KIRT, KAREN M JACOB'S CROSSING RESIDENT UNIT A ROUSE'S 1ST LOTS 6 132290 200.39
KLARE, KEVIN GUYS 1ST EAST 102 FT 1/2 LOT 5 & WEST 18 FT 1/2 AC LOT 4 2500 1,413.77
KOSTELECKY, CAMILLE STORYS W 29.5' LOT 9, E 7.5' LOT 10 BLOCK A LONE STAR COMMERCIAL COND 103380 349.60
KOSTELECKY, CAMILLE STORYS W 29.5' LOT 9 E 7.5' LOT 10 BLOCK A LONE STAR COMMERCIAL COND 133590 61.12
KRAU, CHRISTOPHER A HBP RESIDENTIAL CONDOMINI UNIT 421 TRACYS 2 LOT 1A BLK A 250670 105.27
KREMER, WESLEY D & KERSTE HBP RESIDENTIAL CONDOMINI UNIT 414 TRACYS 2 LOT 1A BLK A 250620 72.73
KREMER, WESLEY D & KERSTE HBP RESIDENTIAL CONDOMINI UNIT 510 TRACYS 2 LOT 1A BLK A 250730 332.23
KURUCZ, JONNA STILES TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT C 221580 121.84
LEIPMANN, TILL W & MARY T HBP RESIDENTIAL CONDOMINI UNIT 323 TRACYS 2 LOT 1A BLK A 250520 113.85
LEVY, JACOB B HBP RESIDENTIAL CONDOMINI UNIT 318 TRACYS 2 LOT 1A BLK A 250490 148.47
LOSEFF, DAVID TRACYS 1ST PART LOTS 14-1 BLOCK B COS 1163 TRACT A 145500 368.58
LOVELACE HOLDINGS LLC STORYS W 3' LOT 3, ALL LOTS 4-5 BLOCK A 4' N END LOTS 18-19 4' N W3'LOT 20 93680 3,023.04
LUCKY STAR PROPERTIES LLC STORYS LOTS 6-7, E 6' LOT N 4' LOTS 15-16 & LOT 17 BLOCK A FLORENCE CONDOS 141380 263.71
LUCKY STAR PROPERTIES LLC STORYS LOTS 6-7, E 6' LOT N 4' LOTS 15-16 & LOT 17 BLOCK A FLORENCE CONDOS 141370 57.33
LUNDWALL LLC TRACYS E22.5' LOT 7 BLOCK JOHN BOZEMAN'S BISTRO 25840 921.89
MACK O BUTLER LLC OP PORTION LOTS 15-16 AL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 139880 170.31
MACK O BUTLER LLC OP PORTION LOTS 15-16 LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139890 54.36
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOT 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139900 76.80
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 139910 35.61
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139960 37.67
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139970 14.36
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139980 31.76
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139990 8.30
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140050 30.91
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140060 55.40
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140070 71.54
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140080 33.37
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140090 36.90
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140100 65.04
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140110 16.84
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140120 34.64
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140130 66.03
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140140 32.24
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140150 19.15
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140160 9.58
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140170 29.77
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140180 8.30
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140190 30.91
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140200 54.59
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140210 25.15
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140220 39.93
404
09/04/25 11:10:52 CITY OF BOZEMAN PAGE 6
BID SCHEDULE A
FY26
OWNER LEGAL Location AMOUNT
NAME DESCRIPTION ID ASSESSED
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140230 66.65
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140240 100.99
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140250 37.14
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140260 37.20
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140270 10.76
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140280 13.26
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140290 46.63
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140300 14.36
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140310 13.18
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140320 19.72
MACK O BUTLER LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 140330 8.30
MACK O BUTLER LLC OP PORTION LOTS 15-16 LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 140000 18.16
MACK O BUTLER LLC OP PORTION LOTS 15-16 LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 140010 18.16
MACK O BUTLER LLC OP PORTION LOTS 15-16 A LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 140020 18.18
MACK O BUTLER LLC OP PORTION LOTS 15-16 A LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 140030 18.18
MAGNIFICENT SEVEN LLC ROUSES 1ST LOTS 3-8 BLOCK 1770 1,566.03
MANIGAULT, FRANCOISE TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 5130 188.84
MAROSO, ANN M JACOB'S CROSSING RESIDENT UNIT B ROUSE'S 1ST LOTS 6 132300 129.02
MARTIN III, JAMES TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT 3 26530 287.42
MASONIC TEMPLE BOZEMAN OP BLOCK A LOTS 1 4950 2,764.26
MATSON, JOHN E HBP RESIDENTIAL CONDOMINI UNIT 309 TRACYS 2 LOT 1A BLK A 250400 66.90
MATZENAUER, ALES & LEONA HBP RESIDENTIAL CONDOMINI UNIT 308 TRACYS 2 LOT 1A BLK A 250390 66.90
MCGUANE III, THOMAS F HBP RESIDENTIAL CONDOMINI UNIT 316 TRACYS 2 LOT 1A BLK A 250470 69.78
MCPHIE HOLDINGS LLC ROUSES 1ST E 12' LOT 6, W LOT 5 BLOCK F 29910 667.21
MDB/JCB II LLC OP E 3 1/2' LOT 2, ALL LOTS 3 & 4 BLOCK E 94800 1,202.26
MDB/JCB III LLC STORYS WEST 54.3' OF SOUT LOTS 1-2 TRACT ADJ BLK A 87770 444.49
MDB/JCB III LLC TRACYS 21.5 X 50' SOUTHEA CORNER OF LOT 22 BLOCK B 50' SOUTH ENDS OF LOTS 23 27550 571.53
MDB/JCB LLC OP E 4' 10" IN LOT 5 & ALL LOT 6 BLOCK F 26620 772.33
MGVR LAND LLC OP E 25' LOT 5, ALL LOT 6 W 25' LOT 7 BLOCK C 89150 2,284.63
MILLER, DOUGLAS & JOYCE TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT H 145100 109.63
MITRO, THOMAS & MARY HBP RESIDENTIAL CONDOMINI UNIT 412 TRACYS 2 LOT 1A BLK A 248960 105.33
MKS & J INC BRIDGERVIEW CONDO UNIT 14 265350 91.01
MKS & J INC BRIDGERVIEW CONDO UNIT 15 265360 106.18
MKS & J INC BRIDGERVIEW CONDO UNIT 26 265470 28.22
MKS & J INC BRIDGERVIEW CONDO UNIT 27 265480 65.36
MMJB PROPERTIES LLC OP E 5' LOT 4 W 26' LOT 5 BLOCK F BARNETT CONDOS U 145770 156.16
MMJB PROPERTIES LLC OP E 5' LOT 4 W 26' LOT 5 BLOCK F BARNETT CONDOS U 145790 128.66
MMSB LLC STORYS LOTS 16-17, LESS 13 X 30' IN CORNER OF LOT BLOCK A ADJACENT TO 3 X 6 5060 1,112.79
MODYANOV, NADEZHDA, LUDMI HBP RESIDENTIAL CONDOMINI UNIT 321 TRACYS 2 LOT 1A BLK A 250500 103.91
MONTANA J & L LLC OP LOT 8A BLOCK B PLAT C-1-G 89010 1,411.57
MOORES, MARK & LISA HBP RESIDENTIAL CONDOMINI UNIT 310 TRACYS 2 LOT 1A BLK A 250410 256.23
MOOSE POINT LP ROUSES 1ST LOTS 15-17 & E OF LOT 18 BLOCK A 1890 546.07
MOOSE POINT LP JACOB'S CROSSING BASEMENT UNIT B-1 ROUSES 1ST LOTS 132230 66.65
MOOSE POINT LP JACOB'S CROSSING RETAIL UNIT R-1 ROUSE'S 1ST LOTS 132240 319.83
MOOSE POINT LP JACOB'S CROSSING RETAIL UNIT R-2 ROUSE'S 1ST LOTS 132250 621.64
MOOSE POINT LP JACOB'S CROSSING OFFICE UNIT 0-1 ROUSE'S 1ST LOTS 132260 255.54
MOOSE POINT LP JACOB'S CROSSING OFFICE UNIT 0-2 ROUSE'S 1ST LOTS 132270 332.25
MOOSE POINT LP JACOB'S CROSSING OFFICE UNIT 0-3 ROUSE'S 1ST LOTS 132280 328.05
405
09/04/25 11:10:52 CITY OF BOZEMAN PAGE 7
BID SCHEDULE A
FY26
OWNER LEGAL Location AMOUNT
NAME DESCRIPTION ID ASSESSED
MOOSE POINT LP DUNBAR BUILDING BASEMENT UNIT D B-1 ROUSE'S 1ST LOTS 6-14 131970 213.06
MOOSE POINT LP DUNBAR BUILDING BASEMENT UNIT D B-2 ROUSE'S 1ST LOTS 6-14 131980 105.14
MOOSE POINT LP DUNBAR BUILDING RETAIL UNIT D R-1 ROUSE'S 1ST LOTS 6-14 131990 397.88
MOOSE POINT LP DUNBAR BUILDING RETAIL UNIT D R-2 ROUSE'S 1ST LOTS 6-14 132000 257.95
MOOSE POINT LP DUNBAR BUILDING OFFICE UNIT D 0-1 ROUSE'S 1ST LOTS 6-14 132010 288.52
MOOSE POINT LP DUNBAR BUILDING OFFICE UNIT D 0-2 ROUSE'S 1ST LOTS 6-14 131960 386.21
MOOSE POINT LP JACOB'S CROSSING BASEMENT UNIT B-2 ROUSE'S 1ST LOTS 1870 141.39
MOOSE POINT LP ROUSES 1ST LOTS 27-28 BLO WEST 1 1/2' LOT 26 BLOCK 93720 409.30
MOUNTAIN TRAILS GALLERY B OP LOT 13 BLOCK D 90130 981.44
NEISHABOURI, JALAL OP CENTER S 100' LOTS 34- BLOCK D OLD BOZEMAN TV AND APPLIA 66500 1,487.39
NEWSHAM, GRANT F & KIYOKO HBP RESIDENTIAL CONDOMINI UNIT 406 TRACYS 2 LOT 1A BLK A 250530 103.45
NEXT CHAPTER PROPERTIES L TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT 2 139660 270.47
NEXT CHAPTER PROPERTIES L TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT D 145080 131.52
NEXT LEVEL ENTERPRISES LL HALL COMMERCIAL BLD CONDO UNIT 2 ROUSES 1ST E 12' LOT 23 A 67230 568.16
NORTH FORTY LLC ROUSES 1ST LOTS 22-24 BLO 66640 1,280.11
NORTH FORTY LLC ROUSES 1ST E 1/2 LOT 20 A LOT 21 BLOCK E 94140 796.52
NORTH PEACH LLC MENDENHALL MARKETPLACE CO UNIT R-7B ORIGINAL TOWN SITE LOT 13 207950 84.42
OLD SCOUT LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #2 141390 83.02
OLIVE STREET LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139950 71.78
OLSEN, SCOTT ROBERT OP NORTH 100' OF LOTS 17 & NORTH 100' OF WEST 18' LOT 19 BLOCK I PLUS VACAN 221030 393.85
ONE WEST MAIN LLC TRACYS LOT 2, E 15.2' LOT BLOCK A 26590 1,460.70
OSBORNE BUILDING LLC OP LOT 9A BLK D PLAT C-1-R 30930 5,135.71
OSSORIO, FREDERIC E & STA HBP RESIDENTIAL CONDOMINI UNIT 411 TRACYS 2 LOT 1A BLK A 250580 104.17
OVERDAWG LLC OP 3.45' E.S. LOT 7 & 19' LOT 8 BLOCK E 26720 671.38
OWENHOUSE HARDWARE CO OP NORTH 60' LOTS 12-14 & LOTS 15-17 & ADJ 20' STRI SOUTH END BLOCK A 94490 2,099.85
OWENHOUSE HARDWARE CO OP ALL LOT 9 & W 15' OF LOT 10 BLOCK A 94480 1,843.70
PELLETT, CYNTHIA & CLEM HBP RESIDENTIAL CONDOMINI UNIT 422 TRACYS 2 LOT 1A BLK A 250680 107.75
PETERSEN HOLDINGS LLC OP SOUTH 80' LOTS 20 & 21 LOTS 22 & 23 LESS 10'X70' NE CORNER OF LOT 22 PLUS 145700 518.59
PETERSEN HOLDINGS LLC OP LOT 24 BLOCK D 139620 264.75
PETERSEN LEGACY LLC OP NORTH 70' OF LOTS 20 & BLOCK D (SERVICE ELECTRIC BLDG) 94720 511.58
PJ PARTNERS LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 3 140700 191.66
PLANALP, NANCY S TRACYS LOTS 7-10 BLOCK C 25070 1,337.76
PONY CREEK PARTNERS LLC STORYS W 29.5' LOT 9 E 7.5' LOT 10 BLOCK A LONE STAR COMMERCIAL COND 5030 361.44
POWER BUILDING LLC OP LOT 5 & W 5' OF LOT 6 BLOCK A 4940 1,092.05
PROVENANCE PLACE LLC MERIN CONDO STE B OP S1/2 LOTS 35-38 BL 1 277400 101.50
R&B HOLDINGS LLC MENDENHALL MARKETPLACE CO UNIT R-8 221190 118.74
RAD HOLDINGS LLC ROUSES 2ND TRACT 2 LOT 1 4 X 122' NORTH OF LOT 2 BLOCK A 1720 298.99
RAFFETY, LARRY J HBP RESIDENTIAL CONDOMINI UNIT 516 TRACYS 2 LOT 1A BLK A 250770 75.72
RAMIREZ, DIEGO HBP RESIDENTIAL CONDOMINI UNIT 416 TRACYS 2 LOT 1A BLK A 250640 72.73
REAL ANGELS LLC ROUSES 1ST LOT 1 & E 22' BLOCK F 30080 1,549.57
RENEWAL LLC HBP RESIDENTIAL CONDOMINI UNIT 418 TRACYS 2 LOT 1A BLK A 250660 143.80
RENEWAL LLC HBP RESIDENTIAL CONDOMINI UNIT 521 TRACYS 2 LOT 1A BLK A 250800 627.63
RENSLOW GROUP LLC MERIN CONDO STE A OP S1/2 LOTS 35-38 BL 1 277390 174.33
RIDGE, LLC OP ALL LOTS 4 & 5 W 1/2 O LOT 6 BLOCK H 28530 983.20
RINNERT, MANCY L TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT B 144850 124.10
ROOS, LISA MARIE & PETER TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT A 144840 137.28
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 255730 399.36
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 255740 332.31
406
09/04/25 11:10:52 CITY OF BOZEMAN PAGE 8
BID SCHEDULE A
FY26
OWNER LEGAL Location AMOUNT
NAME DESCRIPTION ID ASSESSED
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 255750 260.83
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 255760 316.68
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 255770 748.43
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 255780 1,882.58
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 255790 798.45
RPT - 5 WEST LP HBM COMMERCIAL CONDO UNIT TRACY'S 2ND ADD LOT 1A (TRACY'S 2ND LOTS 1-8 BLO 255720 1,191.98
RT404 BABCOCK LLC HARPERS LOTS 19 & 20 WES OF LOT 21 BLOCK A PLAT C-21C 95890 923.84
RUTHERFORD, LADD D & BARB OP W 17 1/2' LOT 15 & E 5 OF LOT 16 BLOCK H 30800 107.11
RWH REALTY LLC OP E 13' OF LOT 6 W 13' L BLOCK B 85070 728.85
SA SORENSON LLC HARPERS LOT 26 BLOCK A EA LOT 25 AND VACATED ALLEY 16' X 140' IN BLOCK A 138180 357.18
SA SORENSON LLC HARPERS EAST 12' LOTS 21, LOT 24 WEST 22' OF LOT 25 BLOCK A FOR THE BOWL 2220 1,360.79
SABOL, RENEE T OP N87.5' LOTS 30 & 31 E8 OF N 90' LOT 32 BLOCK D 30460 801.12
SABOL, RENEE T OP LOT 7A & LOT 8 BLOCK I 30340 737.07
SABOL, RENEE T OP LOTS 9-10 BLOCK I 139770 426.27
SCHULZE, BRIGITTE M OP LOTS 1,2 & W 9' LOT 3 BLOCK F 26600 1,596.20
SEITZ, FRANK C ROUSES 1ST E6' LOT 21, AL LOT 22 W 16'23 BLOCK F 30160 925.03
SENNETT, ELIZABETH 2012 R TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT G 221600 124.74
SLEEPY EYE LLC ROUSES 1ST LOTS 10-14 BLO OLD CITY HALL 30280 1,530.06
SNOWY LANDS LLC MENDENHALL MARKETPLACE CO UNIT R-7A ORIGINAL TOWNSITE LOT 13- 207150 144.72
SOPER, CHARLES & HEIDI A OP W 22.5' LOT 16 ALL LOT BLOCK H 30790 173.10
SOPER, CHARLES VERN& HEID OP 90' N ENDS LOTS 18-22 BLOCK H 96690 431.12
SORENSON, SCOTT HARPERS LOT A BLOCK A AME LOTS 1-4 BLOCK A & VACANT ALLEY 138170 599.39
STEIS, CHRISTOPHER JOSEPH HBP RESIDENTIAL CONDOMINI UNIT 312 TRACYS 2 LOT 1A BLK A 250430 101.54
STRAIGHTAWAY BOZEMAN INVS OP BLOCK G LOT 1-A .46 ACRES 276870 21,325.32
SV INVESTMENTS LLC HBP RESIDENTIAL CONDOMINI UNIT 408 TRACYS 2 LOT 1A BLK A 250550 69.81
SWN CREEKSIDE LLC OP LOTS 14-16 BLOCK I 30370 818.19
S2K/MILLER BABCOCK LLC ROUSES 1ST ALL LOT 25 AND E 26 1/2' LOT 26 BLOCK B 1750 155.35
S2K/MILLER BABCOCK LLC ROUSES 1ST LOTS 23-24 BLO 320 824.27
S2K/MILLER BABCOCK LLC ROUSES 1ST LOTS 21-22 BLO 94640 496.79
S2K/MILLER BABCOCK LLC ROUSES 1ST LOT 19-20 BLOC 94630 506.11
S2K/MILLER BABCOCK LLC ROUSES 1ST LOTS 17-18 BLO 850 184.93
T & ME LLC TRACYS E 27.14' LOT 8, W5 LOT 7 BLOCK B 25830 941.41
T & W COWDREY PROPERTIES OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139870 121.16
T & W COWDREY PROPERTIES OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 66510 4.39
T & W COWDREY PROPERTIES OP PORTIONT LOTS 15-16 LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 139840 394.30
TAC LAND HOLDINGS LLC OP SOUTH 60' LOTS 18-22 BLOCK H 27960 874.99
TBAK LLC HBP RESIDENTIAL CONDOMINI UNIT 507 TRACYS 2 LOT 1A BLK A 250710 249.22
THE ETHA HOTEL LLC TRACY'S 1ST ADD E 1.25 FT LOT 16, ALL LOTS 17-20 & 24.5 FT OF LOT 21 BLK A 27600 14,173.83
THE IMPERIAL FOUR HUNDRED STORYS W 25' LOT 4, ALL LOTS 5-7 S 18' LOTS 8-9 BLOCK B & N 53' LOTS 12-1 14660 3,534.36
THE IMPERIAL FOUR HUNDRED STORYS N120' LOTS 8-9 BLO 14680 3,264.06
THE JACK STONE TRUST JACOB'S CROSSING RESIDENT UNIT C ROUSE'S 1ST LOTS 6 132310 117.75
TINWORKS ART STORYS BOZEMAN E 27' LOT 2 5.75' LOT 2, 4 X 5.75' CORNER BLK A LOT 21, 4' N 4980 1,753.79
TKA PROPERTIES LLC ROUSES 1ST LOTS 1-4 & W 6' LOT 5 BLOCK A BLAC BUILDING CONDOS UNIT 202 140750 331.63
TREASURE STATE HOSTEL LLC OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT A 139720 429.83
TWO SISTERS HOLDING CO LL OP E 22.19' OF LOT 11 & A LOT 12 BLOCK D 30960 1,839.63
UNGERSMA, RICK & SHANNON HBP RESIDENTIAL CONDOMINI UNIT 410 TRACYS 2 LOT 1A BLK A 250570 338.43
VMD PROPERTIES LLC TRACYS 2 22' W.S. LOT 9, LOT 10 BLOCK B 25890 908.91
WADA, M RICHARD & JACOB'S CROSSING RESIDENT UNIT F ROUSE'S 1ST LOTS 6 132340 168.23
407
09/04/25 11:10:52 CITY OF BOZEMAN PAGE 9
BID SCHEDULE A
FY26
OWNER LEGAL Location AMOUNT
NAME DESCRIPTION ID ASSESSED
WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 101 LOT 13A, BLOCK A 282430 250.58
WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 201 LOT 13A BLK A 282450 873.68
WALLACE-BABCOCK PROPERTIE WALLACE COMMERCIAL CONDOS UNIT 301 LOT 13A BLK A 282470 991.21
WALLACE-BABCOCK PROPERTIE ROUSES 2ND LOT 13A BLOCK PLAT C-6-F WALLACE COMMERCIAL CONDO 84280 401.10
WALSH, BARNEY & TRACY SED HBP RESIDENTIAL CONDOMINI UNIT 514 TRACYS 2 LOT 1A BLK A 250760 307.78
WAM DEV GROUP LLC ROUSES 1ST ALL LOT 9 TO L BLOCK B 94580 1,803.28
WELLS FARGO BANK TRACYS LOTS 1-5 BLOCK C 86240 3,549.21
WELLS FARGO BANK TRACYS LOTS 15-17, W1/2 L BLOCK C 25810 579.54
WELLS FARGO BANK TRACYS LOTS 11-14 BLOCK C 126320 777.79
WERNER, ROBERT J HBP RESIDENTIAL CONDOMINI UNIT 306 TRACYS 2 LOT 1A BLK A 250340 148.97
WILLIAMS, DALE L & KATHER TRACY BABCOCK CONDOS UNIT LOT 18-22 BLK A STORYS AD & FRACT BLK 'AE' ALDERSON 5120 174.69
WIMPYS PALACE LLC ROUSES 1ST ADD LOT 3A BLK ALL LOT 3 & PORT LOT 2 & 30000 779.02
YELLOW HOUSE LLC ROUSES 1ST ADD LOT 15-16 840 976.85
YO MAMA ENTERPRISES LLC OP E 5' LOT 4 W 26' LOT 5 BLOCK F BARNETT CONDOS U 145780 162.98
Z & C LLC BRIDGERVIEW CONDO UNIT 3 265240 60.67
Z & C LLC BRIDGERVIEW CONDO UNIT 4 265250 49.76
Z & C LLC BRIDGERVIEW CONDO UNIT 5 265260 25.49
Z & C LLC BRIDGERVIEW CONDO UNIT 6 265270 20.02
Z & C LLC BRIDGERVIEW CONDO UNIT 7 265280 23.54
Z & C LLC BRIDGERVIEW CONDO UNIT 8 265290 21.23
Z & C LLC BRIDGERVIEW CONDO UNIT 9 265300 34.13
Z & C LLC BRIDGERVIEW CONDO UNIT 10 265310 28.22
Z & C LLC BRIDGERVIEW CONDO UNIT 11 265320 28.22
ZELLIGE INVESTMENTS LLC MENDENAHLL MARKETPLACE CO UNIT R-3 ORIGINAL TOWNSITE LOT 13- 207200 156.73
ZOEMAX LLC GUYS 1ST 60'EAST SIDE 1/2 LOT 3, EAST 114'OF 1/2 AC LOT 4 & WEST 26' OF 1/2 A 2540 1,106.35
10 SPEED LLC MENDENHALL MARKETPLACE CO UNIT R-5 ORIGINAL TOWNSITE LOT 13- 145810 183.27
101 ROUSE LLC OP SOUTH 50' LOTS 17-19 BLOCK I 30400 805.99
104 E MAIN LLC BOZEMAN, ORIGINAL PLAT BLOCK B LOTS 13-15 PLAT C-1-W 139560 546.66
104 E MAIN LLC BOZEMAN, ORIGINAL PLAT BLOCK B LOT 1A PLAT C-1-W 100340 1,092.62
106 E BABCOCK LLC BLACKS ADDITION LOT 11A B 5200 5,077.02
106 E BABCOCK LLC BLACKS ADDITION TO BOZEMA LOT 12A BLOCK B AMENDED PLAT C-14-H 265750 719.77
115 APCH LL OP LOTS 12-13 E 5 1/2' LOT 14 BLOCK H 66490 970.37
115 APCH LL OP W 22 1/2' LOT 14 & E 1 OF LOT 15 BLOCK H 30810 130.59
122 E MAIN LLC COOPER BLOCK MIXED USE BLDG STE 1A ORIGINAL PLAT BOZEMAN 89680 489.89
129 EAST MAIN LLC OP E 9' LOT 8, W 18.5' OF LOT 9 BLK E 26740 995.26
137 E BABCOCK LLC OP LOTS 11-12 & 22 X 60' LOTS 11-12 BLOCK B 5190 1,227.11
22 S GRAND LLC STORYS N49.5' LOTS 10-11 BLOCK B 14640 532.89
223 EAST MAIN COMMERCIAL OP LOT 7A BLK D- E 16.5' & W 10' LOT 7 PLAT C-1-Q 30900 1,511.52
23 E MAIN STREET HOLDINGS OP W 26' 8" LOT 7 BLOCK F 26640 828.59
234 E MAIN ST LLC OP E 2.5' LOT 8 AND ALL LOT 9 BLOCK C 2440 634.86
24 E MAIN LLC OP 25'E S LOT 6, LOT 7 LE S 7 1/2' & LOT 8 BLOCK A 86220 2,487.60
27 N TRACY LLC TRACTYS 3.5' EAST SIDE LO 6.5 X 50' SOUTHWEST CORNE LOT 22 BLOCK A 90' NORTH 94880 870.54
28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #4 141400 618.54
28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #5 141340 28.47
28 W MAIN LLC STORYS LOTS 6-7 E 6' LOT N4'LOTS 15-16 & LOT 17 BL FLORENCE CONDOS #9 141430 47.65
29 W MAIN LLC TRACYS 1ST LOTS 10-12 & E 3' LOT 13 BLOCK A HATHHORN CONDOS UNIT 4 146610 515.43
302 EAST MENDENHALL LLC OP PARCEL A BLOCK D PLAT PARKING LOT 139630 580.07
321 MAIN LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEMA MULTI LEVEL SHOP COMPLEX 139850 1,043.31
408
09/04/25 11:10:52 CITY OF BOZEMAN PAGE 10
BID SCHEDULE A
FY26
OWNER LEGAL Location AMOUNT
NAME DESCRIPTION ID ASSESSED
321 MAIN LLC OP PORTION LOTS 15-16 ALL LOTS 17-19 BLOCK D BOZEM MULTI LEVEL SHOP COMPLEX 139830 12.03
35 NORTH BOZEMAN LLC OP LOTS 12-14 BLOCK E OLD LIBRARY BUILDING 27520 1,216.54
35 NORTH BOZEMAN LLC OP LOT 15A PLAT C-1-D BLO 145740 376.63
400 MARION INC OP E 1/2 LOT 10 ALL LOT 1 BLOCK A 60170 1,978.72
400 MARION INC OP E1.33' LOT 7 ALL LOT 8 W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT D 26650 273.97
400 MARION INC OP E 1.33' LOT 7 ALL LOT W 9.67' LOT 9 BLOCK F 27 E MAIN CONDOS UNIT E 139750 247.38
520 EAST BABCOCK LLC ROUSES 2ND TRACT 1 LOT 1 BLOCK A BEING 80 X 86' 1740 841.18
702 LLC 60%-KILKERNEY PRO OP LOT 9A BLOCK B PLAT C-1-G 60000 3,478.43
9 E MAIN LLC OP E 19' LOT 3 & W 23' LOT 4 BLOCK F 96500 1,469.89
FINAL TOTALS
TOTAL 280,000.01
COUNT 441
* * * E N D O F R E P O R T * * *
409
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, City Treasurer
Kaitlin Johnson, Budget Manager
SUBJECT:Resolution for the Annual Lighting Assessments for Fiscal Year 2026
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to Approve the Commission Resolution for the
Annual Lighting Assessments for Fiscal Year 2026
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated Title 7 Chapter 12 Part 43 allows for the creation
of special improvement lighting districts for the purpose of lighting streets
and assessing costs for installation and maintenance to property abutting
thereto and collect the costs by special assessments against the property.
The City has approximately 80 special lighting districts. This resolution
formally levies and assesses maintenance and electrical current costs of the
districts to the benefitted property owners.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The amount that will be assessed for all Special Improvement Lighting
Districts for FY26 is $317,300.
Attachments:
Lighting District Resolution FY26.docx
Schedule A FY26.pdf
Report compiled on: September 4, 2025
410
Version April 2020
RESOLUTION XX-XXXX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL
CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE
DISTRICTS OF THE CITY OF BOZEMAN.
WHEREAS, certain lighting maintenance districts have been created with the City of
Bozeman and;
WHEREAS, state law provides for assessing the costs of maintaining lights and furnishing
electrical current annually within these lighting maintenance districts and;
WHEREAS, Section 7-12-4332, M.C.A. provides that the City shall pass a resolution
levying and assessing maintenance costs.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
Districts and Assessments. The lighting maintenance districts and assessments to defray
one hundred percent (100%) of all the costs of maintenance and lighting are hereby levied and
assessed against the property and several lots, pieces and parcels thereof within the lighting
maintenance districts as listed and described on Schedule “A” and Schedule “B”, attached hereto,
and by this reference, said schedules are made a part hereof.
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Section 2
Lot or Parcel Description. That a particular description of each lot, piece, or parcel of land
with the name of the owner thereof, the total number of square feet of said property and the sum
assessed and levied against such property and owner, or either, is set forth in the Schedule of each
district as specified and identified in Schedule “B”.
Section 3
Period of Assessment. That said assessment is to defray costs for Fiscal Year 2026 (July 1,
2025, through June 30, 2026).
Section 4
Disposition of Collections. That the assessments as collected shall be placed in the
respective lighting maintenance funds and shall be used to defray the cost of maintenance and
lighting as provided by law.
Section 5
Notice of Hearing. That the regular meeting of the Commission of the City of Bozeman to
be held on the 23rd day of September 2025 at 6:00 p.m., at the Commission Room, City Hall, 121
N Rouse Ave., in the City of Bozeman, be designated as the time and place at which objections to
the final approval of this Resolution will be heard and considered by said Commission.
Section 6
Notice. That the City Clerk of the City of Bozeman, published in the Bozeman Daily
Chronicle on September 6, 2025 and September 13, 2025, a notice signed by said Clerk as such,
stating that this Resolution levying and assessing the several amounts set forth in the schedule
attached hereto and made a part of as aforesaid and for the purposes herein will be passed and
412
Version April 2020
approved by the Commission of the City of Bozeman and is on file in the office of said City Clerk;
that said Notice shall be so published, and such publication shall be made not less than five (5)
days before the date set by the Commission for hearing of objections and the final approval this
Resolution.
Section 7
Certification. The City Clerk is hereby directed upon final passage and approval of this
resolution to certify a copy thereof to the City Finance Director of the City of Bozeman, Montana,
as provided by law.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
413
Lighting Districts FY26
Assessment Total Square
Feet FY26 Rate/Sq Ft
146-LIGHTING DISTRICT #284 284 4,100.00$ 389,633 0.010523
149-LIGHTING DISTRICT #295 295 8,100.00$ 6,871 1.178868
151-LIGHTING DISTRICT #362 362 2,700.00$ 2,553 1.057579
152-LIGHTING DISTRICT #388 388 4,100.00$ 4,694 0.873455
153-LIGHTING DISTRICT #400 400 600.00$ 4,553 0.131781
154-LIGHTING DISTRICT #420 420 300.00$ 422,450 0.000710
155-LIGHTING DISTRICT #423 423 800.00$ 2,904 0.275482
156-LIGHTING DISTRICT #453 453 3,700.00$ 4,666 0.792970
157-LIGHTING DISTRICT #459 459 14,100.00$ 1,715,280 0.008220
159-LIGHTING DISTRICT #461 461 2,500.00$ 232,733 0.010742
160-LIGHTING DISTRICT #462 462 1,700.00$ 293,479 0.005793
161-LIGHTING DISTRICT #479 479 3,400.00$ 5,792 0.587017
162-LIGHTING DISTRICT #480 480 17,900.00$ 1,828,239 0.009791
163-LIGHTING DISTRICT #484 484 400.00$ 2,462 0.162470
164-LIGHTING DISTRICT #490 490 700.00$ 1,840 0.380435
165-LIGHTING DISTRICT #491 491 700.00$ 4,432 0.157942
166-LIGHTING DISTRICT #508 508 9,700.00$ 1,278,090 0.007589
170-LIGHTING DISTRICT #637 637 10,900.00$ 1,423,549 0.007657
181-LIGHTING DISTRICT #670 670 2,800.00$ 224,207 0.012488
182-LIGHTING DISTRICT #671 671 10,600.00$ 980,820 0.010807
200-LIGHTING DISTRICT #672 672 14,800.00$ 1,773,368 0.008346
201-LIGHTING DISTRICT #673 673 3,700.00$ 363,480 0.010179
203-LIGHTING DISTRICT #679 679 8,200.00$ 845,620 0.009697
216-LIGHTING DISTRICT #680 680 11,100.00$ 1,742,046 0.006372
202-LIGHTING DISTRICT #681 681 8,300.00$ 986,126 0.008417
204-LIGHTING DISTRICT #682 682 9,200.00$ 1,669,605 0.005510
205-LIGHTING DISTRICT #685 685 4,700.00$ 1,000,810 0.004696
206-LIGHTING DISTRICT #686 686 14,300.00$ 1,739,456 0.008221
207-LIGHTING DISTRICT #687 687 15,800.00$ 1,837,603 0.008598
208-LIGHTING DISTRICT #688 688 24,900.00$ 5,683,040 0.004381
209-LIGHTING DISTRICT #689 689 13,200.00$ 1,402,086 0.009415
210-LIGHTING DISTRICT #690 690 25,400.00$ 2,752,321 0.009229
211-LIGHTING DISTRICT #691 691 14,600.00$ 607,818 0.024020
212-LIGHTING DISTRICT #692 692 13,200.00$ 1,148,439 0.011494
214-LIGHTING DISTRICT #694 694 3,400.00$ 335,450 0.010136
217-LIGHTING DISTRICT #696 696 5,200.00$ 835,595 0.006223
218-LIGHTING DISTRICT #697 697 2,600.00$ 339,479 0.007659
219-LIGHTING DISTRICT #698 698 3,900.00$ 515,793 0.007561
220-LIGHTING DISTRICT #699 699 3,800.00$ 735,237 0.005168
225-LIGHTING DISTRICT #704 704 3,000.00$ 342,505 0.008759
244-LIGHTING DISTRICT #734 734 700.00$ 106,075 0.006599
249-LIGHTING DISTRICT #743 743 500.00$ 3,477,217 0.000144
250-LIGHTING DISTRICT #752 752 2,800.00$ 4,707,878 0.000595
255-LIGHTING DISTRICT #766 766 2,500.00$ 584,576 0.004277
256-LIGHTING DISTRICT #776 776 7,700.00$ 243,631 0.031605
Grand Total Billed 317,300.00$ 44,604,501
Lighting District Assessment Summary
414
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, City Treasurer
Kaitlin Johnson, Budget Manager
SUBJECT:Resolution to Levy and Assess Delinquent Snow Removal Charges
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to Approve the Commission Resolution to levy
and assess Delinquent Snow Removal Charges.
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:Bozeman Municipal Code (BMC) 34.06 requires that property owners clear
or treat snow and ice on sidewalks. In response to citizen complaints, a City
Code Compliance Officer delivers notices to properties who are out of
compliance. If the occupants do not respond to the notice by the date
indicated, the city contracts for the removal of the snow and ice on their
behalf. Property owners are then billed for the actual costs plus
administrative charges incurred by the City of Bozeman. Resolution formally
levies and assesses any unpaid bills for the 2024-2025 winter season.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:City budgets include contracted services for snow removal and associated
revenue as is consistent with BMC. The delinquent charges proposed to be
assessed would recover $3,661.68 of expenses already incurred by the City
Attachments:
Resolution Delinquent Snow Removal FY26.docx
Delinq Snow FY26.pdf
Report compiled on: September 10, 2025
415
Version April 2020
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN
SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST
AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF
BOZEMAN UNDER THE PROVISIONS OF CHAPTER 34.06 OF THE CITY OF BOZEMAN
MUNICIPAL CODE.
WHEREAS, Chapter 34.06 of the Bozeman Municipal Code provides that every person in
charge or control of any building or land fronting or abutting on a paved sidewalk shall remove and clear
away snow and ice from said sidewalk; and
WHEREAS, Chapter 34.06 of the Bozeman Municipal Code provides that special assessments
shall be made, levied and collected annually, for the costs of snow and ice removal by the City against
property which person in charge or control of said property failed to remove; and
WHEREAS, Section 34.06.040 of the Bozeman Municipal Code provides that the City shall
annually pass and adopt a resolution levying on assessment against each lot or parcel of land fronting or
abutting on the sidewalks which said snow or ice was caused to be cleared by the City.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That to defray the estimated cost and expense for removal of snow and ice from sidewalks in the City of
Bozeman, plus penalties authorized by Chapter 34.06 of the Bozeman Municipal Code, an assessment is
hereby levied against the property and the several lots, pieces and parcels of land thereof within the City of
Bozeman as set forth in Schedule "A", which is attached hereto and made a part of, a particular description
416
Version April 2020
of each lot and parcel of land with the name of the owner and/or owners and the sum assessed against the
same is set forth in the assessment list in Schedule "A"; that the several sums set opposite the names of said
owners and the described lots and parcels of land, are hereby levied and assessed upon and against said lots
and parcels of land for said purpose; that the several sums be collected from the respective owners of said
lots and parcels of land described in said assessment list and owned by them; that the said sums shall be
paid and the collection thereof be made in the manner and in accordance with Chapter 34.06 of the Bozeman
Municipal Code, and the laws of the State of Montana governing the collection of special assessments; that
failure to pay such assessment when the same shall become due and payable shall make such persons and
such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes.
Section 2
That the fee for removal of snow and ice from specified sidewalks in the City of Bozeman shall be the cost
of such work, including administrative and enforcement costs. Administrative and enforcement costs shall
not exceed 20 percent or $30.00, whichever is greater, per occurrence.
Section 3
That this assessment be levied and be billed in October 2025 as are all other special assessments.
Section 4
That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10 percent per
year from the date this assessment becomes delinquent (December 1, 2025) to the date the assessment it
paid.
Section 5
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the Commission
Room in the City Hall of said City on the 23rd day of September 2025, at 6:00 p.m., be designated as the
time and place at which objections to the final adoption of the Resolution will be heard by said Commission.
417
Version April 2020
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 23rd day of September 2025.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
418
Schedule A
FY 26
LID Owner Service Address Mailing Address City,State,Zip MR Acct #Total Due
59940 HODGES, SLOAN 410 GROUSE CT 410 GROUSE CT BOZEMAN, MT 59718 5490 344.88$
69890 STEIN, LUKE R 2813 W VILLARD ST 419 W CLEVELAND ST BOZEMAN, MT 59715 5526 135.60$
78030 CHEN, YIHAN 738 ASTER AVE 5766 BLACKBIRCH ST LAS VEGAS, NV 89148 5595 189.84$
2630 BLACKWELL, BRET 223 E STORY ST 223 E STORY ST BOZEMAN, MT 59715 8930 135.60$
90630 1603 W KOCH LLC 1603 W KOCH ST 1603 W KOCH ST BOZEMAN, MT 59715 9461 337.20$
13490 COMFORT III, NORMAN D 410 S 5TH AVE 410 S 5TH AVE BOZEMAN, MT 59715 11456 93.36$
4420 COMMON PROPERTIES LLC 201 S WILLSON AVE 514 N BLACK AVE BOZEMAN, MT 59715 11659 483.12$
238260 GERARD, ERICA E 4498 SHADOWGLEN DR 4498 SHADOWGLEN DR BOZEMAN, MT 59718 11669 296.40$
370 315 S 13TH LLC 315 S 13TH AVE 2555 DEER CREEK DR BOZEMAN, MT 59715 11687 147.12$
107040 NASSAR, SAMUEL M & SHERRI L 151-155 DROULLIARD AVE 3198 SENTINEL DR BOZEMAN, MT 59715 11692 66.48$
64760 OLSON, ANDREW V 506 N YELLOWSTONE AVE 506 N YELLOWSTONE AVE BOZEMAN, MT 59718 11694 195.12$
42970 1602 W BEALL ST LLC 1602 W BEALL ST 1001 S MAIN ST STE 49 KALISPELL, MT 59901 11695 353.76$
187640 HALLIBURTON, LUKE & MORGAN 858 ADVANCE DR 858 ADVANCE DR BOZEMAN, MT 59718 11725 80.40$
34120 CLOVERLEAF PROPERTIES LLC 707 E PEACH ST PO BOX 161236 BIG SKY, MT 59716 11726 802.80$
3,661.68$
Delinquent Snow Removal
419
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, City Treasurer
Kaitlin Johnson, Budget Manager
SUBJECT:Resolution to Levy and Assess Delinquent Weed Removal Charge
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to Approve the Commission Resolution to Levy
and Assess Delinquent Weed Removal Charges.
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 Code Compliance Officer sends notices to property owners in response
to complaints by citizens regarding the removal of nuisance weeds and grass
on or near their properties. If the owners do not respond to the notice by
the date indicated, the city contracts for the removal of the weeds and grass
on their behalf. The property owners are then billed for the actual costs
incurred by the City of Bozeman. The property owner listed on Schedule A
of the attached resolution has not paid the charges billed to them in FY25.
MC 7-22-4101. Control of nuisance weeds within municipality.
(1) The city or town council has power to:
(a) declare and determine what vegetation within the city or town shall be
nuisance weeds;
(b) provide the manner in which they shall be exterminated;
(c) require the owner or owners of any property within said city or town to
exterminate or remove nuisance weeds from their premises and the one-
half of any road or street lying next to the land or boulevard abutting
thereon; and
(d) provide, in the event the owner or owners of any of said premises
neglect to exterminate or remove the nuisance weeds therefrom, for levying
the cost of such extermination or removal as a special tax against the
property.
(2) A noxious weed as defined in 7-22-2101 may not be declared a
nuisance weed under this section.
UNRESOLVED ISSUES:None
420
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Recover the charges that have been accrued due to weed abatement
totaling $995.00.
Attachments:
Delinquent Weed Mowing Resolution FY26.docx
Schedule A-Delinquent Weed Mowing FY26.pdf
Report compiled on: September 10, 2025
421
Page 1 of 3
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL
PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA,
TO COLLECT WEED CUTTING OR EXTERMINATING CHARGES PLUS COSTS AND
EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-22-
4101, MONTANA CODE ANNOTATED AND CHAPTER 16.04 OF THE BOZEMAN MUNICIPAL
CODE.
WHEREAS, Section 7-22-4101, Montana Code Annotated, and Chapter 16.04 of the Bozeman
Municipal Code require the owner of any property within the city to exterminate or cut nuisance weeds
from and alongside their premises; and
WHEREAS, Section 7-22-4101, Montana Code Annotated, and Chapter 16.04 of the Bozeman
Municipal Code provide that in the event the owner of said premises neglects to exterminate or remove
weeds therefore, a special assessment shall be made, levied and collected for the costs of cutting or
exterminating said weeds.
NOW, THEREFORE, BE IT RESOLVED by the Commission of the City of Bozeman, State
of Montana:
Section 1
That to collect weed extermination and cutting charges, an assessment is hereby levied against
the responsible property and the several lots, pieces and parcels of land thereof within the City of Bozeman
as set forth in Schedule ”A”, which is attached hereto and made a part hereof. A particular description of
each lot and parcel of land with the name of the owner and/or owners and the delinquent sum assessed
against the same is set forth in Schedule “A”; that the several sums set opposite the names of said owners
and the described lots and parcels of land are hereby levied and assessed upon and against said lots and
422
Resolution Levying and Assessing Delinquent Weed Mowing Resolution for FY26
Page 2 of 3
parcels of land for said purpose; that the several sums be collected from the respective owners of said lots
and parcels of land described in said assessment list and owned by them; that the said sums shall be paid
and the collection thereof be made in the manner and in accordance with the laws of the State of Montana
governing the collection of special assessments; that failure to pay such assessment when the same shall
become due and payable shall make such persons and such lots and parcels of land liable to the penalties
provided by law relative to delinquent taxes.
Section 2
That this assessment be levied and billed in October 2025 as are all other special assessments.
Section 3
That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10
percent per year from the date this assessment becomes delinquent (December 1, 2025) to the date the
assessment is paid.
Section 4
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
City Commission Room, 121 N Rouse Ave., Bozeman, Montana, on the 23rd day of September 2025 at 6:00
p.m., is hereby designated as the time and place at which objections to the final adoption of the Resolution
will be heard by said Commission.
423
Resolution Levying and Assessing Delinquent Weed Mowing Resolution for FY26
Page 3 of 3
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 23rd day of September 2025.
______________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
______________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
______________________________________
GREG SULLIVAN
City Attorney
424
FY26
Acct #Owner Service Address Mailing Address City,State,Zip MR Acct #Amount Due
118040 HARTMAN, JOHN D 4046 DIAMOND ST 232 MAMMOTH FORK DR BOZEMAN, MT 59718 6364 155.00$
27780 STERNBACH, YARON 544 N MONTANA AVE 85 SCHUYLER RD LOUDONVILLE, NY 12211 11361 155.00$
135810 ASHY LLC 622 E TAMARACK ST 1907 PINE ST PHILADELPHIA, PA 19103 11595 280.00$
101420 BG MILL LLC 714 E MENDENHALL ST 23 ANNETTE PARK DR BOZEMAN, MT 59715 11613 405.00$
Total Due 995.00$
DELINQUENT WEED MOWING
Schedule A
425
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, City Treasurer
Kaitlin Johnson, Budget Manager
SUBJECT:Resolution to Levy and Assess Delinquent Water, Sewer, Stormwater,
Garbage, Recycling and Organic Charges
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: I move to Approve the Commission Resolution to Levy
and Assess Delinquent Water, Sewer, Stormwater, Garbage, Recycling and
Organic Charges in FY26
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:Letters were sent out prior to July 7, 2025, on all delinquent accounts
notifying the previous and new owners of the delinquent charges
outstanding on final bills, as well as current owners that are not paying their
monthly charges, and the process of placing those charges as a lien on the
real property should they not be paid. Only the few accounts listed on
Schedule A of the attached resolution remain delinquent.
MCA 7-13-4309. Procedure to collect delinquent utility charges.
(1) Sewer or water charges must be collected by the treasurer.
(2) On or before July 7 of each year, notice must be given by the city
treasurer or town clerk to the owners of all lots or parcels of real estate to
which sewer or water service has been furnished prior to July 1 by the city or
town. The notice must specify the assessment owing and in arrears at the
time of giving notice. The notice must be in writing and must state the
amount of arrearage, including any penalty and interest assessed pursuant
to the provisions of the city or town ordinance, and that unless the amount
is paid within 30 days of the notice, the amount will be levied as a tax against
the lot or parcel of real estate to which sewer or water service was furnished
and for which payment is delinquent. The notice must also state that the city
or town may by suit collect past-due assessments, interest, and penalties, as
a debt owing the city or town, in any court of competent jurisdiction,
including city court. The notice may be delivered to the owner personally or
by letter addressed to the owner at the post-office address of the owner as
426
shown in property tax records maintained by the department of revenue.
(3) (a) Except as provided in subsection (3)(b), at the time that the annual
tax levy is certified to the county clerk, the city treasurer or town clerk shall
certify and file with the department of revenue a list of all lots or parcels of
real estate, giving the legal description of the lot or parcel, to the owners of
which notices of arrearage in payments were given and which arrearage
remains unpaid and stating the amount of the arrearage, including any
penalty and interest. The department of revenue shall insert the amount as
a tax against the lot or parcel of real estate.
(b) In cities where the council has provided by ordinance for the
collection of taxes, the city treasurer shall collect the delinquent amount,
including penalty and interest, as a tax against the lot or parcel of real estate
to which sewer or water service was furnished and payment for which is
delinquent.
(4) A city or town may, in addition to pursuing the collection of
assessments in the same manner as a tax, bring suit in any court of
competent jurisdiction, including city court, to collect the amount due and
owing, including penalties and interest, as a debt owing the city or town.
BMC 32.02.060 Costs of Collection and Disposal – Collection and Payment –
Solid Waste Fund: The rates established by resolution shall be set as
monthly fees and those fees shall be included on the monthly water and
sewer statement and will become delinquent if not paid by the 15th of the
month in which the bill is received. If the monthly fees are not paid within
thirty days after they have become delinquent the delinquent amount shall
be a lien against the property against which they are severally assessed and
levied until paid and discharged and shall be subject to the same penalties
for delinquency in payment when due and payable as are other special
assessments and levies made by the City and as authorized by the laws of
the state.
BMC 40.04.1050. - Billing of charges; penalties for late payment and
procedure to collect. Stormwater service charges authorized by this section
shall be included with the monthly water and wastewater utility billing.
Should any user fail to pay the stormwater service charge and penalty
within two months of the due date, the city may terminate water service to
the property. The city may also follow the collection procedure outlined in
MCA 7-13-4309.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:The proposed assessment will recover overdue charges that have accrued
due to delinquent water, sewer, stormwater, garbage, recycling and organic
services totaling $14,835.07.
Attachments:
Resolution Delinquent Utility Accounts FY26.docx
Schedule A-Delinquent Utilities FY26.pdf
427
Report compiled on: September 10, 2025
428
Version April 2020
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN
SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN,
STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT
DELINQUENT WATER, SEWER, STORMWATER, GARBAGE, RECYCLING AND ORGANIC
CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS
PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED.
WHEREAS, Section 7-13-4309, Montana Code Annotated, provides that special assessments
shall be made, levied and collected annually for delinquent water, sewer, stormwater, garbage, recycling
and Organic charges in the same manner as are other special assessments and levies of the City of Bozeman;
and
WHEREAS, to enforce the collection of amounts owed the City for the cost of providing water,
sewer, stormwater, garbage, and recycling service in the City of Bozeman, the Commission hereby
specifically levies the amounts due as set forth in Schedule "A" as an assessment.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
That to collect delinquent water, sewer, stormwater, garbage, recycling and organic charges in
the City of Bozeman, an assessment is hereby levied against the responsible property and the several lots,
pieces and parcels of land thereof within the City of Bozeman as set forth in Schedule "A", which is attached
hereto and made a part hereof, a particular description of each lot and parcel of land with the name of the
owner and/or owners and the delinquent sum assessed against the same is set forth in Schedule "A"; that
the several sums set opposite the names of said owners and the described lots and parcels of land are hereby
levied and assessed upon and against said lots and parcels of land for said purpose; that the several sums
429
Version April 2020
be collected from the respective owners of said lots and parcels of land described in said assessment list
and owned by them; that the said sums shall be paid and the collection thereof be made in the manner and
in accordance with the laws of the State of Montana governing the collection of special assessments; that
failure to pay such assessment when the same shall become due and payable shall make such persons and
such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes.
Section 2
That the fee for providing water, sewer, stormwater, garbage, recycling and organic service in
the City of Bozeman shall be the cost of such work, including administrative and enforcement costs.
Administrative and enforcement costs shall not exceed $20.00 per delinquency.
Section 3
That this assessment be levied and billed in October 2025 as are all other special assessments.
Section 4
That upon all assessments levied and assessed, simple interest shall be charged at the rate of 10
percent per year from the date this assessment becomes delinquent (December 1, 2025) to the date the
assessment is paid.
Section 5
That the regular session of the Commission of the City of Bozeman, Montana, to be held in the
Commission Room at City Hall, 121 N Rouse Ave, in said City on the 23rd day of September 2025 at 6:00
p.m., and the same is hereby designated as the time and place at which objections to the final adoption of
the Resolution will be heard by said Commission.
430
Version April 2020
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 23rd of September 2025.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
431
Schedule A
FY 26
Location ID Current Owner Total Due
80970 KLUG, JIM 912 N HUNTERS WAY 629.03$
32390 HOOLAN, FERN 611 E LAMME ST 198.51$
138970 CZC LLC 376 GALLATIN PARK DR 136.39$
29730 HUNTER, THOMAS 705 N MONTANA AVE 164.13$
29760 HUNTER, THOMAS 711 N MONTANA AVE 200.20$
230260 ELLIOTT, SHARA 2978 TSCHACHE LN 127.83$
216330 CVS #8621 115 N 19TH AVE 1,653.06$
164230 STURN, JUSTIN 3147 CATTAIL ST Unit C 65.76$
12110 CHURCH OF JESUS CHRIST LDS 1316 S 5TH AVE 55.47$
35350 LDS CHURCH 2915 COLTER AVE 11.91$
157520 CLACK, JEREMY 2845 N 27TH AVE Unit 2 11.33$
183320 HALLOCK, JOSEPH & CATHERINE 2836 MEAH LN 158.11$
259730 MITCHELL, CLAIRE 4210 FORAGE DR 38.08$
71810 BROWN, MAX 1611 W KOCH ST Unit 16 22.67$
198220 DAYTON, ALEX 1375 ADVANCE DR 44.74$
29790 DRYSDALE FAMILY LLC 420 E ASPEN ST 175.09$
268200 CTK 1160 SAMANTHA LN 194.91$
27780 BROWN, TORY 544 N MONTANA AVE 368.42$
78170 RUBICON GLOBAL LLC 1460 N 19TH AVE 144.90$
306810 DANIEL VAN DYKE CONSTRUCTION 6861 BLACKWOOD RD 8.55$
242880 H4L, LLC 922 WINDROW DR 54.91$
306700 DANIEL VAN DYKE CONSTRUCTION 6861 BLACKWOOD RD 142.89$
16100 KAAUAMO, MARILYN 207 S 10TH AVE 159.20$
77510 BANIS, ROBERT 1602 N ROUSE AVE 614.38$
102820 KOENIG, THEODORE & AMANDA 10 S YELLOWSTONE AVE Unit 10 315.72$
104230 GARY AND NICOLLE BROWN 515 MICHAEL GROVE AVE Unit 52 171.23$
73760 EBERHARD, GARY & ANNETTE 111 PONDERA AVE Unit 2 226.14$
109250 BLAIR, BRENDA 515 MICHAEL GROVE AVE Unit 58 169.65$
162620 WARFIELD, JAMES 4716 SHADOWGLEN DR Unit A 89.30$
159300 MURPHY, BRIAN 2914 WARBLER WAY Unit 15 169.56$
209120 BELL, ASHLEY 4262 CASCADE ST Unit C 345.72$
114190 LANDSGAARD, PAUL & PAM 1411 BOHART LN 206.42$
168460 MONTANA OPTICOM LLC 3810 BAXTER LN 112.98$
210710 PEUSE, DALLAS J 1013 THOMAS DR 112.98$
75530 WADE, KATHERINE 210 S 16TH AVE Unit E 223.42$
73210 NEMEC, JENNIE & CHARLES 2400 DURSTON RD Unit 26 315.72$
159630 BRESTER, LAUREN 2969 WARBLER WAY Unit 1 315.72$
239950 DICKINSON, ZACHARY 1083 ROSA WAY 545.72$
231110 ALTRINGER, NICOLLE & MICHAEL 941 SAXON WAY Unit A 367.96$
227680 GEORGE, CASEY 2935 WARBLER WAY Unit B 545.72$
87140 BRINKER, RICHARD 220 S 15TH AVE 315.72$
115520 ATENCIO, STEPHEN 10 S YELLOWSTONE AVE Unit 8 315.72$
264780 WALLACE, BRANDON 2756 MARLYN CT Unit B 460.26$
74180 HEATH, AMANDA 1703 W OLIVE ST Unit 11 290.36$
195440 STRIPLIN, MATT 3353 N 27TH AVE Unit 22 79.10$
189730 FIVEFOLD HOLDINGS LLC 1143 THOMAS DR 146.15$
210700 FIVEFOLD HOLDINGS LLC 1109 THOMAS DR 103.69$
109580 MCCARTER, AARON 515 N 23RD AVE 369.84$
145630 SCOUT DAC LLC 922 E CEDAR ST 112.98$
135760 SCOUT DAC LLC 927 E CEDAR ST 187.92$
143210 BURGER KING 1932 W MAIN ST 391.30$
32480 ASHY LP 622 E TAMARACK ST 929.31$
222000 MAY, BART 910 N 17TH AVE 455.16$
226580 NB STADIUM VIEW DST 2171 S 11TH AVE 1,063.13$
Total Amount Due 14,835.07$
Service Address
Delinquent Utility Accounts
Water, Sewer, Stormwater, Garbage, Recycling and Organics
432
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Jon Henderson, Assistant City Manager
Chuck Winn, City Manager
SUBJECT:Appointment to the Board of Ethics
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint two members to the Board of Ethics
with terms expiring July 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 Board of Ethics has two vacant position due to term expirations as of July
31, 2025. The City Clerks' Office published legal notice for this vacancy. The
City Clerks' Office has received one new application and both current
members reapplied.
Ordinance No. 1726, finally adopted in November 2007, established the
creation of a three member Board of Ethics. In May of 2009, Ordinance No.
1759 was finally adopted which revised 1726. According to Ordinance 1759:
A. There is created a Board of Ethics consisting of three (3) members who
shall serve without compensation unless the governing body provides
otherwise. Members of the Board of Ethics shall not be elected officials, full-
time appointed officials whether exempt or nonexempt, or City employees,
nor shall they be currently serving on any other City board or commission.
B. Members of the Board shall be residents of the City.
C. Board members shall be appointed by the governing body. An
appointment to fill a vacancy shall be made by the appointing authority who
appointed the member who formerly held the position which is vacant.
E. Board members shall serve staggered terms of two (2) years. A member
shall hold office until a member's successor is appointed.
This board currently has one vacant position. The City Clerk’s Office has
433
received two applications with their relevant qualifications indicated below.
1. Two positions with terms expiring July 31, 2027 | Qualifies: R. Bazzle,
M. Bond, S. Rushing
Applicants:
Sara Rushing
Mark Bond
Ryan Bazzle
There is no Commission liaison for this board.
Board of Ethics appointments are Commission appointments.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
06-17-25 - CAB Applications - Ryan Bazzle.pdf
05-28-25 - CAB Applications - Sara Rushing.pdf
06-18-25 - CAB Applications - Mark Bond.pdf
Report compiled on: September 8, 2025
434
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
Ryan Bazzle
* Residential Address
77 Sheridan Place
Bozeman MT 59718
* Primary Phone
(304) 539-3627
* Current Occupation
Montana Air National Guard Aircraft Mechanic
* Employer
Montana Air National Guard
* Email
bazzle2121@gmail.com
Which position are you applying for?
Board of Ethics
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.
As a member of the Montana Air National Guard and a political science student at MSU, I’m deeply interested in how local government shapes our community. I believe
public trust in elected officials is essential, and I’m committed to helping ensure Bozeman’s leaders are held to clear, fair ethical standards that reflect our shared values. My
military service gives me a disciplined, service-driven perspective that I believe adds a valuable perspective to the 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.
Growing up in West Virginia, I had limited exposure to diverse backgrounds. That changed in the Air Force, where I trained alongside people from all racial, cultural, and
economic walks of life—from Brazil to inner-city Mississippi. This experience deepened my understanding of the varied lived realities that shape our country and highlighted
the importance of inclusion, respect, and empathy.
Page | 1 435
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Allen Siegler
* Phone
(858) 922-6938
* Email
allensiegler@gmail.com
* Reference #2 Full Name
Jason Waybright
* Phone
(304) 550-6459
* Email
jason.waybright@icloud.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 was looking for meaningful ways to get involved in my community and discovered this vacancy while exploring opportunities to serve locally.
Is there any other information that you feel we need to know?
I bring a unique perspective as someone from West Virginia who chose to make Montana home—joining the Montana Air National Guard and studying at MSU. My
background, commitment to this community, and student perspective offer valuable insight that I believe would benefit the board. I’m passionate about public service,
ethics, and good governance, and I want to help ensure that local decisions are made with integrity, fairness, and transparency for all residing in Bozeman.
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 | 2 436
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
Sara Rushing
* Residential Address
208 Westridge Dr.
Bozeman MT 59715
* Primary Phone
(406) 600-8919
* Current Occupation
Professor of Political Science
* Employer
Montana State University
* Email
sararushing@hotmail.com
Which position are you applying for?
Board of Ethics
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?
I have served on the Board of Ethics since 2019, and have served one term as Chair.
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
I am a political theorist who specializes in democratic theory and virtue ethics. But the best experience for serving on this board is having served on the board! It has been
an honor to see the board streamline certain processes and support the ongoing development of the ethics training curriculum.
* 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 served as the co-director for an institution-wide grant at MSU from 2012 - 2017, that focused on broadening participation of women in STEM. We used five years and $3.5
million to weave DEI knowledge, support and efforts into the university as a whole. In my teaching, I also focus on disability studies, feminist theory, and theories of
emancipation more broadly (race, class, etc).
References
Page | 1 437
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Eric Austin
* Phone
(406) 599-2562
* Email
eaustin@montana.edu
* Reference #2 Full Name
Linda Young
* Phone
(406) 577-4441
* Email
lindayoung.ly@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 was invited to apply in 2019.
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 | 2 438
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
Mark Bond
* Residential Address
1127 N Spruce Dr
Bozeman MT 59715
* Primary Phone
(406) 570-7397
* Current Occupation
Community Engagement Manager
* Employer
One Valley Community Foundation
* Email
bond.markg@gmail.com
Which position are you applying for?
Board of Ethics
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?
Currently wrapping up my first term on the Board of Ethics
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
I'm a standing member of the board and have played a central role in navigating one of the most consequential series of events to come before the board in decades. My
institutional knowledge and experience gained during my first term set me up to be a clear benefit during another two-year term.
* 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 attended trainings, book clubs, and other events about the concepts of DEI in multiple workplaces throughout my career, I have worked for BIPOC and LGBTQ+
elected officials in official capacities, and more.
References
Page | 1 439
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Sara Rushing
* Phone
(406) 994-5165
* Email
sara.rushing@montana.edu
* Reference #2 Full Name
Greg Sullivan
* Phone
(406) 595-5749
* Email
gsullivan@bozeman.net
* 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?
**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 | 2 440
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Appointment of Ben Lloyd to vice chair of the Community Development
Board.
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Consider the Motion: I move to Appoint Ben Lloyd to vice chair of the
Community Development Board.
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:Consider the Motion: I move to appoint Ben Lloyd to Vice Chair of the
Community Development Board.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As per Commission prerogative.
FISCAL EFFECTS:None.
Report compiled on: September 16, 2025
441
Memorandum
REPORT TO:City Commission
FROM:Sarah Rosenberg, Planner
Brian Krueger, Development Review Manager
Erin George, Community Development Director
SUBJECT:Appointment of Mike Wiseman to vice chair of the Historic Preservation
Advisory Board.
MEETING DATE:September 23, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Consider the Motion: I move to Appoint Mike Wiseman to vice chair of the
Historic Preservation Advisory Board.
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:Consider the Motion: I move to appoint Mike Wiseman to Vice Chair of the
Historic Preservation Advisory Board.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As per Commission prerogative.
FISCAL EFFECTS:None.
Report compiled on: September 16, 2025
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