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05-05-2026- City Commission Agendas & Packet Materials
A. 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. Authorize Absence E. Public Service Announcements F. FYI G. Commission Disclosures THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, May 5, 2026 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. Adaptive listening and handheld microphones are available for use by audience members upon request. How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozemanmt.gov or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. At the direction of the City Commission, anonymous public comments are not distributed to the City Commission or staff. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 1 H. Approval of Minutes I. Consent I.1 Accounts Payable Claims Review and Approval (Edwards) I.2 Authorize the City Manager to Approve the Application for the Bureau of Justice Assistance FY25 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -Local Formula.(Grabinski) I.3 Authorize City Manager to Sign a Land and Water Conservation Fund Grant Agreement with Montana Fish, Wildlife, and Parks for the Bikefill Bike Park(Grabinski) I.4 Ratify the City Manager's Approval for the FFY27 State Highway Traffic Safety Grant Application(Grabinski) I.5 Ratify the City Manager's Approval for the Bureau of Justice Assistance (BJA) Public Safety and Mental Health Initiative Grant Application(Grabinski) I.6 Authorize the City Manager to Sign a Notice of Award to Knife River of Belgrade for the Oak and Ferguson Intersection Improvements and Final Contract Documents Once Received(Giannetti) I.7 Authorize the City Manager to Sign a Notice of Award to CK May Excavating for the Repaving of the Black Lot and Contract Documents Once Received(Focken ) I.8 Approve the Final Plat for the Canyon Gate Major Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and Authorize the Community Development Director to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 23237 (Quasi-Judicial)(Montana) I.9 Authorize City Manager to Sign the Software as Service Agreement with Citian, Inc to Provide Three Years of the Crash Reduction through Analysis of Safety Hazards (CRASH) Data Platform(Lonsdale) I.10 Authorize the City Manager to Sign a Professional Services Agreement with Matrix Consulting Group, Ltd., for a Planning and Development Review Fee Study(George) I.11 Authorize the City Manager to Sign Amendment 1 to the Professional Service Agreement with TD and H Engineering for Engineering Development Review Services(Lehigh) I.12 Authorize the City Manager to Sign Amendment 2 to the Professional Services Agreement with HDR Engineering, Inc., for the Water Reclamation Facility Phase 1 Base Hydraulic Capacity Upgrade Project(Heaston) I.13 Authorize the City Manager to Sign an Amendment 2 to Task Order 3 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc. Providing for Additional Bidding Phase Services for the WRF Solar Project(Heaston) Public comment on items within the Consent Agenda will be called for prior to the City Commission vote for approval. 2 I.14 Authorize the City Manager to Sign a Task Order Number 4 for the Right of Way Acquisition Project with Clear Route Real Estate, LLC for Properties Necessary to Construct the Fowler Avenue Connection Project(Murray) J. Consent II: Items Acted Upon Without Prior Unanimous Approval J.1 Adopt Findings of Fact and Order for Appeal 25769 Amending the Conditional Approval of the Sundance Springs Subdivision Commercial Lot 2 Site Plan, Application 25238(Rischke) K. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission L. Mayoral Proclamation L.1 Mayoral Proclamation of May 2026 as Building Safety Month (Morrison) M. Special Presentation M.1 Building Safety Month Presentation(Abbey) N. Action Items N.1 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-3 Residential Medium Density District (R-B Residential Mixed Use Low-Medium), for 9.979 Acres, the Hanson Lane Annexation, Located North of Durston Road and East of Hanson Street, Application 25775(Mieras) Public comment on items within the Consent II Agenda will be called for prior to the City Commission vote for approval. 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. Public comment on all action items will be called for prior to the City Commission making a motion or conducting discussion. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 25775 and move to approve the Hanson Lane Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 25775 and move to approve the Hanson Lane Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. 3 O. Appointments O.1 Appointment to the Police Commission(Maas) P. FYI / Discussion Q. Adjournment Public comment will be called for on all appointments prior to City Commission voting. Consider the Motion: I move to appoint one member with a term expiring April 30, 2029 to the Police Commission. 4 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:May 5, 2026 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 May 6, 2026. 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 5 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Procurement Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Authorize the City Manager to Approve the Application for the Bureau of Justice Assistance FY25 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -Local Formula. MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the City Manager to Approve the Application for the Bureau of Justice Assistance FY25 Edward Byrne Memorial Justice Assistance Grant (JAG) Program -Local Formula. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Edward Byrne Memorial Justice Assistance Grant provides formula funding to eligible units of local government to support law enforcement agencies in various ways. In previous grant cycles, Bozeman Police Department has used this funding to enhance the forensic unit. This funding will continue the same efforts to further enhance the Forensic Lab. We are requesting to use the formula funding to purchase two advanced camera kits, a bullet trajectory kit, advanced training for the forensic team, and personal protective equipment (PPE). Of the two advanced camera kits, one is a 3D imaging camera for major crime scenes, and the second camera kit has infrared capabilities to identify various fluids, substances, and accelerants. Ultimately, these technologic advancements will enable our forensic team to perform more in-depth analysis for end-term case work to include in the judicial process. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:Total expenditures are expected to be $26,523. Expenditures will be made in the General Fund. Attachments: FY26 JAG Application Combined.pdf 6 Report compiled on: April 21, 2026 7 Project Title Advancements in the 2027 Bozeman Police Department Crime Scene Documentation, Evidence Collection, Evidence Personal Protection Equipment (PPE) Capabilities, and Advanced Training Federal Estimated Funding (Federal Share) 26523.0 Total Estimated Funding 26523.0 No items Proposed Project Start Date 10/1/24 Applicant Estimated Funding (Non-Federal Share) 0.0 Proposed Project End Date 9/30/28 Program Income Estimated Funding 0.0 Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Standard Applicant Information Project Information Areas Affected by Project (Cities, Counties, States, etc.) Type Of Applicant 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…1/21 8 —— Type of Applicant 3: Select Applicant Type: —— Other (specify): —— Application POC Prefix Name Ms. Application POC First Name Jamie Application POC Middle Name E. Application POC Last Name Grabinski Application POC Suffix Name —— Organizational Affiliation Employee Title Procurement Coordinator Email ID jamie.grabinski@bozemanmt. gov Phone Number 406-582-2364 Fax Number —— ORINumber —— Is Application Subject to Review by State Under Executive Order 12372? Application Submitter Contact Information Executive Order and Delinquent Debt Information 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…2/21 9 b. Program is subject to E.O. 12372 but has not been selected by the State for review Is the Applicant Delinquent on Federal Debt? No Name Form SF424_4_0-V4.0.pdf Date Added 4/2/26 Name GrantApplication.xml Date Added 4/2/26 Authorized Representative Prefix Name —— First Name Melissa Middle Name —— Last Name Hodnett Suffix Name —— Title Finance Director Verify Legal Name, Doing Business As, and Legal Address Legal Name Doing Business As SF424 Attachments (2) Authorized Representative Information 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…3/2110 Legal Name CITY OF BOZEMAN Doing Business As UEI EEAPKALAEM35 Street 1 121 N ROUSE AVE Street 2 City BOZEMAN State MT Zip/Postal Code 59715 CongressionalDistrict 01 Country USA The legal name + Doing Business As (DBA) and legal address define a unique entity in the system as represented in its entity profile. The profile legal name and address is applicable to ALL applications and awards associated to this fiscal agent. 1. If this information is correct confirm/acknowledge to continue with completion of this application. I confirm this is the correct entity. Signer Name Jamie Grabinski Certification Date / Time 04/27/2026 02:21 PM 2. If the information displayed does not accurately represent the legal entity applying for federal assistance: a. Contact your Entity Administrator. b. Contact the System for Award Management (SAM.gov) to update the entity legal name/address. 3. If the above information is not the entity for which this application is being submitted, Legal Address Certification 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…4/2111 Withdraw/Delete this application. Please initiate a new application in Grants.gov with using the correct UEI/SAM profile. Name Narrative.pdf Category Proposal Narrative Created by Jamie Grabinski Date Added 04/27/2 026 Proposal Abstract The City of Bozeman will use JAG funds for to update and enhance evidence collection and documentation capabilities, expand access to advanced training, and provide essential personal protective equipment (PPE) for our forensic investigators and technicians. By investing in modern equipment, specialized training, and appropriate PPE, we will strengthen our forensic collecting capabilities, improve effectiveness of criminal investigations, elevate the quality of service to our community, and better protect our staff from potential chemical/bio-hazard exposures. Data Requested with Application Financial Management and System of Internal Controls FY2025 JAG NOFO Proposal Narrative 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…5/2112 Name FY26 JAG Grant Budget.xlsm Category Budget Worksheet Created by Jamie Grabinski Date Added 04/21/2 026 No documents have been uploaded for Pre-Agreement Cost No documents have been uploaded for Indirect Cost Rate Agreement No documents have been uploaded for Consultant Rate Justification No documents have been uploaded for Employee Compensation Waiver No documents have been uploaded for Financial Management Questionnaire No documents have been uploaded for Additional Attachments Budget and Associated Documentation Budget Summary Budget / Financial Attachments Budget Worksheet and Budget Narrative Pre-Agreement Cost Indirect Cost Rate Agreement Consultant Rate Justification Employee Compensation Waiver Financial Management Questionnaire (Including applicant disclosure of high-risk status) Additional Attachments 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…6/2113 Budget and Associated Documentation Budget Categor y Personn el Fringe Benefits Travel Equipme nt Supplies Construc tion SubAwar ds Procure ment Contract s Other Costs Total Direct Costs Indirect Costs Total Project Costs Year 1 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…7/2114 Total Project Cost Breakdown Total Percentage Federal Funds Federal Funds $0.00 Percentag e 0.00% Match Amount Match Amount $0.00 Percentag e 0.00% Program Income Amount Program Income Amount $0.00 Percentag e 0.00% Please note: After completing this budget detail summary, please confirm that the following final values entered in this section are identical to those entered in the corresponding estimated cost section of the Standard Applicant Information. Specifically, the following must be equivalent. If they are not, you will not be able to submit this application until they are updated to be equivalent. Standard Applicant Information Equals Budget Summary Total Estimated Funding =Total Project Costs Federal Estimated Funding (federal share)=Federal Funds Applicant Estimated Funding (non-federal share)=Match Amount Program Income Estimated Funding =Program Income Amount DOES THIS BUDGET CONTAIN CONFERENCE COSTS WHICH IS DEFINED BROADLY TO INCLUDE MEETINGS, RETREATS, SEMINARS, SYMPOSIA, AND TRAINING ACTIVITIES?—— Memoranda of Understanding (MOUs) and Other Supportive Documents Memoranda of Understanding (MOUs) and Other Supportive Documents 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…8/2115 Upload The recommended files to upload are PDF, Microsoft Word and Excel. No documents have been uploaded for Memoranda of Understanding (MOUs) and Other Supportive Documents No documents have been uploaded for Documentation of Anticipated Benefit to Qualified Opportunity Zones (if applicable) No documents have been uploaded for Research and Evaluation Independence and Integrity Statement No documents have been uploaded for Additional Attachments Additional Application Components Documentation of Anticipated Benefit to Qualified Opportunity Zones (if applicable) Research and Evaluation Independence and Integrity Statement Additional Attachments 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…9/2116 The applicant is not required to submit a lobbying disclosure under 31 U.S.C. 1352 for this application. No documents have been uploaded for Disclosure of Lobbying Activities No. [Applicant Name on SF-424] does not have (and is not proposed as a subrecipient under) any pending applications submitted within the last 12 months for federally funded grants or cooperative agreements (or for subawards under federal grants or cooperative agreements) that request funding to support the same project being proposed in this application to OJP and that would cover any identical cost items outlined in the budget submitted as part of this application. Disclosures and Assurances No Lobbying Activities Disclosure of Duplication in Cost Items DOJ Certified Standard Assurances U.S. DEPARTMENT OF JUSTICE CERTIFIED STANDARD ASSURANCES On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S. Department of Justice ("Department"), that all of the following are true and correct: (1) I have the authority to make the following representations on behalf of myself 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…10/2117 and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application. (2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly. (3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application-- a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest. (4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition-- a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204. (5)The Applicant also understands that (in addition to any applicable program 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…11/2118 (5) The Applicant also understands that (in addition to any applicable program- specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). (6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary) with the Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands). (7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made by the Department based on the application. (8) If this application is for an award from the National Institute of Justice or the Bureau of Justice Statistics pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to an institution of higher education (as defined at 34 U.S.C. § 10251(a)(17)), I assure that, if any award funds actually are made available to such an institution, the Applicant will require that, throughout the period of performance-- a. each such institution comply with any requirements that are imposed on it by the First Amendment to the Constitution of the United States; and b. subject to par. a, each such institution comply with its own representations, if any, concerning academic freedom, freedom of inquiry and debate, research independence, and research integrity, at the institution, that are included in promotional materials, in official statements, in formal policies, in applications for grants (including this award application), for accreditation, or for licensing, or in submissions relating to such grants, accreditation, or licensing, or that otherwise are made or disseminated to students, to faculty, or to the general public. (9) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application-- a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of State or local government employees 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…12/2119 Please Acknowledge Signed SignerID jamie.grabinski@bozemanmt.gov Signing Date / Time 4/17/26 5:51 PM whose principal employment is in connection with an activity financed in whole or in part by federal assistance. (10) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required by 34 U.S.C. § 10382(c)(11), it will, to the extent practicable and consistent with applicable law-- including, but not limited to, the Indian Self- Determination and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382(c)(11). (11) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552(a)(3), that it will maintain and report such data, records, and information (programmatic and financial) as DOJ may reasonably require. I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department's awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General. 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…13/2120 DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements; Law Enforcement and Community Policing U.S. DEPARTMENT OF JUSTICE CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS; COORDINATION WITH AFFECTED AGENCIES Applicants should refer to the regulations and other requirements cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations or other cited requirements before completing this form. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the U.S. Department of Justice (“Department”) determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant certifies and assures (to the extent applicable) the following: (a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b)If the Applicant’s request for Federal funds is in excess of $100,000, and any funds other than Federal appropriated funds have 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…14/2121 been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grant or cooperative agreement, the Applicant shall complete and submit Standard Form - LLL, “Disclosure of Lobbying Activities” in accordance with its (and any DOJ awarding agency’s) instructions; and (c) The Applicant shall require that the language of this certification be included in the award documents for all subgrants and procurement contracts (and their subcontracts) funded with Federal award funds and shall ensure that any certifications or lobbying disclosures required of recipients of such subgrants and procurement contracts (or their subcontractors) are made and filed in accordance with 31 U.S.C. § 1352. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented at 2 C.F.R. Part 2867, and to other related requirements, the Applicant certifies, with respect to prospective participants in a primary tier “covered transaction,” as defined at 2 C.F.R. § 2867.20(a), that neither it nor any of its principals-- (a) is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) has within a three-year period preceding this application been convicted of a felony criminal violation under any Federal law, or been convicted or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, tribal, or local) transaction or private agreement or transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects its (or its principals’) present responsibility; (c) is presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, tribal, 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…15/2122 or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and/or (d) has within a three-year period preceding this application had one or more public transactions (Federal, State, tribal, or local) terminated for cause or default. B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application. Where the Applicant or any of its principals was convicted, within a three-year period preceding this application, of a felony criminal violation under any Federal law, the Applicant also must disclose such felony criminal conviction in writing to the Department (for OJP Applicants, to OJP at Ojpcompliancereporting@usdoj.gov; for OVW Applicants, to OVW at OVW.GFMD@usdoj.gov; or for COPS Applicants, to COPS at AskCOPSRC@usdoj.gov), unless such disclosure has already been made. 3. FEDERAL TAXES A. If the Applicant is a corporation, it certifies either that (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to the Department (for OJP Applicants, to OJP at Ojpcompliancereporting@usdoj.gov; for OVW Applicants, to OVW at OVW.GFMD@usdoj.gov; or for COPS Applicants, to COPS at AskCOPSRC@usdoj.gov). B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application. 4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as defined at 28 C.F.R. §§ 83.620 and 83.650: 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…16/2123 A. The Applicant certifies and assures that it will, or will continue to, provide a drug-free workplace by-- (a)Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace; (2) The Applicant’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the award, the employee will-- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of the employee’s conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the Department, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of any such convicted employee to the Department, as follows: For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530; For OJP and OVW award recipients - U.S. Department of Justice, Office of Justice Programs, ATTN: Control Desk, 999 North Capitol Street, NE Washington, DC 20531. 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…17/2124 Please Acknowledge Certified Notice shall include the identification number(s) of each affected award; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted: (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 5. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382(c)(5), if this application is for a COPS award, the Applicant certifies that there has been appropriate coordination with all agencies that may be affected by its award. Affected agencies may include, among others, Offices of the United States Attorneys; State, local, or tribal prosecutors; or correctional agencies. I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729- 3730 and 3801-3812). I also acknowledge that the Department’s awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General. 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…18/2125 SignerID jamie.grabinski@bozemanmt.gov Signing Date / Time 4/17/26 5:51 PM Other Disclosures and Assurances No documents have been uploaded for Application Disclosure and Justification - DOJ High Risk Grantees Name local-jag-ce- certification.pdf Category Disclosures and Assurances Created by Jamie Grabinski Date Added 04/24/2 026 Applicant Disclosure and Justification - DOJ High Risk Grantees (if applicable) Declaration and Certification to the U.S. Department of Justice as to this Application Submission 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…19/2126 Please Acknowledge Signed SignerID jamie.grabinski@bozemanmt.gov Signing Date / Time 4/17/26 5:52 PM By [taking this action], I -- 1. Declare the following to the U.S. Department of Justice (DOJ), under penalty of perjury: (1) I have authority to make this declaration and certification on behalf of the applicant; (2) I have conducted or there was conducted (including by the applicant’s legal counsel as appropriate, and made available to me) a diligent review of all requirements pertinent to and all matters encompassed by this declaration and certification. 2. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this application submission: (1) I have reviewed this application and all supporting materials submitted in connection therewith (including anything submitted in support of this application by any person on behalf of the applicant before or at the time of the application submission and any materials that accompany this declaration and certification); (2) The information in this application and in all supporting materials is accurate, true, and complete information as of the date of this request; and (3) I have the authority to submit this application on behalf of the applicant. 3. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…20/2127 No documents have been uploaded for Other Certified Other 4/27/26, 12:24 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…21/2128 Proposal Narrative Grant Funding from the Byrne Memorial Grant for Advancements in the Bozeman Police Department Forensic Lab: Crime Scene Documentation, Evidence Collection, Evidence Personal Protection Equipment (PPE) Capabilities, and Advanced Training Description of the Issue: The Bozeman Police Department is seeking critical grant funding to update and enhance evidence collection and documentation capabilities, expand access to advanced training, and provide essential personal protective equipment (PPE) for our forensic investigators and technicians for our Forensic Lab. With the dedicated detective division that analyzes and documents crime scenes, it is equipped to do crime scene analysis, but without modern 3D technology, the analysis is limited to basic photographs and body worn camera videos. This documentation, while crucial to an investigation, is limited and outdated. 3D technology allows investigators and prosecution to display a crime scene in a manner that can allow the viewer to visually observe the crime scene from the perspective of one who was present during the initial documentation. Additionally, the detective division has limited technology for identifying a variety of bodily fluids, difficult to see injuries to a body such as bruising, accelerants, gunshot residue, and other trace evidence. With the purchase of a full-spectrum UV/IR Camera Forensic Photography Kit, it will equip Bozeman Police Department to identify bodily fluids, and other trace evidence. 29 Page 2 Furthermore, our ability to determine bullet trajectory, allowing investigators to identify shooter location in crimes involving firearms, is severely limited. Advanced training will be required to utilize many of these tools, and a 5-day Fingerprint Evidence Processing, Collection and Photography training course has been identified as covering many of these techniques. Lastly, many crime scenes can be hazardous to investigators and technicians, often exposing them to chemical agents and airborne biohazards. Improving these areas, investigators can properly analyze/examine crime scenes utilizing modern technology, while maintaining a level of safety with appropriate PPE. These improvements will keep our investigators safe, while providing them with tools needed to collect/document/store evidence, leading to a higher likelihood of successful prosecution of individuals who commit violent crimes. By investing in modern equipment, specialized training, and appropriate PPE, we will strengthen our forensic collecting capabilities, improve effectiveness of criminal investigations, elevate the quality of service to our community, and better protect our staff from potential chemical/bio-hazard exposures. Last year, the Byrne grant helped us maintain and improve upon necessary equipment for our computer forensics lab. This investment is already paying huge dividends in the reduction of workload for our investigators, increasing the quality of the analysis, and improving investigative outcomes. Our primary objective for this 30 Page 3 year is to modernize several of our evidence collection/documentation devices, provide PPE to investigators and technicians for hazardous environments, and send our Evidence Technician to an advanced evidence collection and documentation training. Project Design and Implementation: We work with many local and federal partners. With these agencies, we often have cross-jurisdiction partnerships when investigating crime scenes. The JAG funds will supplement our Forensic Lab which will assist and benefit cross-jurisdictional investigations. The equipment, supplies and advanced training are essential to properly document crime scenes, analyze evidence in a forensically sound manner, and protect staff from potential injury and exposure to airborne substances and organisms. We are committed to investing in the modernization of our evidence facility, allowing our department to better preserve and document evidence, while giving us the tools to properly depict crime scenes in a modern, technological manner utilizing 3D technology, while having the capability to observe evidence using alternative light sources. Ultimately, this should assist our department and partners in end-term case work, to include in the judicial process, and probable examination of evidence by jurors and/or judges of various levels of courts of law. Since the JAG funds will be used to purchase equipment and supplies to process crime scenes more efficiently and effectively, it will allow coordination with other related justice funds that fund personnel and activities that require forensic analysis. For 31 Page 4 example, the City of Bozeman partners with the Montana State Department of Criminal Investigations and this equipment and supplies investment will directly benefit any cross-jurisdiction work. Again, these enhancements are expected to strengthen our department’s Forensic Lab and its long-term ability to document and analyze diverse crimes and crime scenes. By advancing these capabilities, we will improve the quality of services provided to the citizens of Bozeman and surrounding areas. Our goal is to enhance analysis, visualization and documentation of crime scenes, while also protecting our staff from airborne hazards. Key service improvements will support our detective division’s focus on human trafficking, violent crimes -including sexual violence- crimes against children, weapons-related offenses, and homicide. Capabilities and Competencies: The City of Bozeman’s procurement coordinator and Captain are well qualified to administer the JAG award. Captain Hutchings brings 19 years with the Bozeman Police Department, including 8 years as an investigator and 3 years in an administrative leadership role. Additionally, our evidence technician has over 6 years of experience managing evidence. Lastly, the procurement coordinator adds nearly 15 years of grant administration experience, including prior JAG and Department of Justice Grants. No subawards are planned, thus subrecipient monitoring will not be required. 32 Page 5 Conclusion: In conclusion, the Bozeman Police Department's proposal to secure this JAG grant funding provides the promise of transformative benefits for our agency and the citizens we serve, particularly in the areas of violent crimes, sexually related crimes, and homicides. With the support of this grant, we are poised to add cutting-edge technology to give our staff the tools needed to properly document a crime scene, collect/analyze evidence, store evidence, and the skills needed to use these tools, and keep staff safe from potential chemical and biohazard exposures. The resulting improvement in investigation efficiency, service quality, and resource allocation will undoubtedly have a positive ripple effect throughout our community. 33 Budget Summary A. Personnel $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 B. Fringe Benefits $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 C. Travel $0 $0 $2,732 $0 $0 $0 $0 $0 $0 $0 $2,732 D. Equipment $15,007 $0 $0 $0 $0 $0 $0 $0 $0 $0 $15,007 E. Supplies $8,288 $0 $496 $0 $0 $0 $0 $0 $0 $0 $8,784 F. Construction $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 G. Subawards (Subgrants)$0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 H. Procurement Contracts $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 I. Other $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Direct Costs $23,295 $0 $3,228 $0 $0 $0 $0 $0 $0 $0 $26,523 J. Indirect Costs $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Project Costs $23,295 $0 $3,228 $0 $0 $0 $0 $0 $0 $0 $26,523 Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N No Year 5 (if needed)Federal RequestNon-Federal RequestBudget Category Budget Summary Note: Any errors detected on this page should be fixed on the corresponding Budget Detail tab.Non-Federal RequestTotal(s)Federal RequestYear 1 Year 2 (if needed)Federal RequestNon-Federal RequestYear 3 (if needed)Federal RequestNon-Federal RequestYear 4 (if needed)Federal RequestNon-Federal Request1 34 Confirmation Thank you for submitting your grant application package via Grants.gov. Your application is currently being processed by the Grants.gov system. Once your submission has been processed, Grants.gov will send email messages to advise you of the progress of your application through the system. Over the next 24 to 48 hours, you should receive two emails. The first will confirm receipt of your application by the Grants.gov system, and the second will indicate that the application has either been successfully validated by the system prior to transmission to the grantor agency or has been rejected due to errors. Please do not hit the back button on your browser. If your application is successfully validated and subsequently retrieved by the grantor agency from the Grants.gov system, you will receive an additional email. This email may be delivered several days or weeks from the date of submission, depending on when the grantor agency retrieves it. You may also monitor the processing status of your submission within the Grants.gov system by clicking on the “Track My Application” link listed at the end of this form. Note: Once the grantor agency has retrieved your application from Grants.gov, you will need to contact them directly for any subsequent status updates. Grants.gov does not participate in making any award decisions. IMPORTANT NOTICE: If you do not receive a receipt confirmation and either a validation confirmation or a rejection email message within 48 hours, please contact us. The Grants.gov Contact Center can be reached by email at support@grants.gov, or by telephone at 1-800-518-4726. Always include your Grants. gov tracking number in all correspondence. The tracking numbers issued by Grants.gov look like GRANTXXXXXXXXX. 35 If you have questions please contact the Grants.gov Contact Center: support@grants.gov 1-800-518-4726 24 hours a day, 7 days a week. Closed on federal holidays. The following application tracking information was generated by the system: Grants.gov Tracking Number:GRANT14609187 EEAPKALAEM35UEI: Jamie E GrabinskiSubmitter's Name: Assistance Listing Number:16.738 Assistance Listing Title:Edward Byrne Memorial Justice Assistance Grant Program Funding Opportunity Number:O-BJA-2025-172542 Funding Opportunity Description: BJA FY25 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Local Formula Agency Name:Bureau of Justice Assistance Application Name of this Submission:City of Bozeman Date/Time of Receipt: https://apply07.grants.gov/apply/spoExit.jsp?p=applicants/grant-applications/track-my-application?tracking_num=GRANT14609187 TRACK MY APPLICATION – To check the status of this application, please click the link below: It is suggested you Save and/or Print this response for your records. Apr 02, 2026 01:01:10 PM EDT 36 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Procurement Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Authorize City Manager to Sign a Land and Water Conservation Fund Grant Agreement with Montana Fish, Wildlife, and Parks for the Bikefill Bike Park MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize City Manager to Sign a Land and Water Conservation Fund Grant Agreement with Montana Fish, Wildlife, and Parks for the Bikefill Bike Park. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:In July of 2025, the City of Bozeman and the Gallatin Valley Land Trust (GVLT) signed a memorandum of understanding to create a new community bike park named Bikefill. The Bikefill Bike Park project will create a bike park that provides non-motorized paved, gravel, and single-track trails as well as specially designed bicycle-specific terrain and skills features. In addition to Bikefill, there will be area improvements to McIlhattan Road. With this grant award, the City of Bozeman will specifically construct a new parking lot area and pathway that will serve Bikefill Bike Park and provide access to the Snowfill Recreation Area. Additionally with the new parking lot area, we will install restrooms, shade structures, site furnishings, and signage. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:The entire Bikefill project is estimated to be $3,097,789. The LWCF grant expenditures will be $750,000 and will be made in the Parks and Trails District fund. Attachments: 795 Subrecipient Agreement.pdf Report compiled on: April 22, 2026 37 Page 1 of 25 Land and Water Conservation Fund Grant Agreement Between State of Montana and Subrecipient THIS AGREEMENT (“Agreement”), entered into this 10 day of April , 2026, by and between MONTANA FISH, WILDLIFE & PARKS, the governmental agency of the State of Montana designated to act for the State of Montana for the purpose of implementing the “Land & Water Conservation Fund Act of 1965,” with its principal place of business at 1420 East Sixth Avenue, Helena, Montana, (“Department”), and the City of Bozeman, with its principal place of business at 121 N Rouse Ave, Bozeman, Montana, (“Subrecipient”) (collective the “Parties” or a “Party”). The purpose of this Agreement is to create Bikefill Bike Park. This project will construct a new access road and parking lot, mountain bike trails with skills features, pump tracks, and pathway to Snowfill Recreation Area; and install restrooms, shade structures, site furnishings, and signage as outlined in the Subrecipient Agreement Cover Form (Appendix A). The Subrecipient Cover Form is hereby incorporated into and made part of this Agreement. WITNESSETH: WHEREAS, the Subrecipient desires to carry out the improvements cited herein in Bozeman, Montana, for the purpose of public outdoor recreation, and to qualify for reimbursement of a portion of the cost of said construction project under the “Land & Water Conservation Fund Act of 1965,” 78 Stat. 897 (1964), Laws of the United States (“LWCFA” or the “Act”), which provides certain federal funds to be made available to participating state agencies or units of local government for the acquisition and development of land and water projects for outdoor recreation uses by the general public; and, WHEREAS it is the duty of the Department to share in the responsibility for administration of said project and to determine satisfactory completion, and further to act as agent for the National Park Service, United States Department of the Interior, to assure satisfactory performance. WHEREAS the Department and the Subrecipient desire to accomplish the Project described, and the Department has contracted with the National Park Service, an agency of the United States, for Federal reimbursement for certain costs of this Project as set forth below, and it is now necessary for the Department and the Subrecipient to execute this Agreement for the qualification and completion of said project. NOW, THEREFORE, in consideration of the covenants to be performed by each party on behalf of the other, as set forth below, IT IS HEREBY UNDERSTOOD AND AGREED by and between the Parties as follows: Part I – Definitions The following definitions apply to this Agreement: A. The term “State” means the State of Montana. B. The term “Subrecipient” means the State agency or local government unit that is a Party to this Agreement. For purposes of these provisions, the terms “Subrecipient,” “grantee,” and “participant” are deemed synonymous. 38 Page 2 of 25 C. The term “Project” means a Land and Water Conservation Fund grant that is identified in the project scope which is subject to this Agreement and/or its subsequent amendments. D. The term “NPS” or “Service” means the National Park Service, United States Department of the Interior. E. The term “Secretary” means the Secretary of the Interior, or any representative lawfully delegated the authority to act for the Secretary. F. The term “Federal Funds” or “Fund” refers to the financial resource created and maintained through authority and operation of the Land and Water Conservation Fund Act of 1965, 78 Stat. 897 (1964), as amended. G. The term “Manual” means the Land and Water Conservation Fund Federal Assistance Program Manual, Volume 72.1, effective date April 21, 2025. The manual can be found in its entirety at https://www.nps.gov/subjects/lwcf/v72-1.htm. H. The term “Uniform Guidance” refers to 2 CFR 200 and can be found in its entirety at https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl. Part II – Continuing Assurances The Subrecipient agrees to comply with the policies and procedures set forth in the Manual. Provisions of said Manual are incorporated into and made a part of this Agreement. The Subrecipient confirms it has reviewed and agrees to comply with the Special Conditions Appendix attached to this Agreement. The Appendix is hereby incorporated into and made part of this Agreement (Appendix C). Applicable Federal Circulars The Subrecipient shall comply with all regulations at 2 C.F.R. Part 200. The Parties specifically recognize that the Land and Water Conservation Fund project creates an obligation to maintain the property described in the project agreement and supporting application documentation consistent with the Land and Water Conservation Fund Act. Further, it is the acknowledged intent of the Parties that recipients of assistance will use monies granted herein for the purposes of this program and that assistance granted from the Fund will result in a net increase, commensurate at least with the Federal cost-share, in a Subrecipient’s outdoor recreation. It is intended by both Parties that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. The Subrecipient agrees, as the recipient of this assistance, that it will meet the following specific requirements and the terms of this Agreement: 39 Page 3 of 25 A. Perpetuity 1) The Subrecipient agrees the Project is being acquired or developed with Land and Water Conservation Fund assistance and shall be maintained in perpetuity for public outdoor recreation. If Subrecipient removes the Project from outdoor public recreation either through the sale of the project area or a conversion to a non-outdoor public recreation, the Subrecipient acknowledges it is responsible for all costs associated with the replacement of the converted Project area and the subsequent construction of a new facility. Any replacement of the Project, in whole or in part, must be completed in compliance with the Manual and the Act. All conversion/replacement processes must be coordinated through and with the approval of the Department and NPS. 2) The Department shall approve such conversion only if it is in accord with the then existing State Comprehensive Outdoor Recreation Plan and only upon such conditions as deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonable equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement becomes subject to Section 6(f)(3) protection. The approval of a conversion shall be at the sole discretion of the Secretary, or his/her designee. Prior to the completion of this project, the Subrecipient and the Department may mutually alter the area described in the project agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded Section 6(f)(3) protection as Fund reimbursement is provided. 3) In the event the Department provides Land and Water Conservation Fund (“LWCF”) assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation uses because of such right or interest being exercised will occur. In receipt of this approval, the Subrecipient agrees to notify the Department of the potential conversion as soon as possible and to seek approval of replacement property in accord with the conditions set forth in these provisions and program regulations. The provisions of this paragraph are also applicable to leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the Department; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Department. 4) In the event the project covered by the project agreement cannot be completed in accordance with the plans and specifications for the project, the Subrecipient shall bring the project to a point of recreational usefulness agreed upon by the Subrecipient and the Department. 5) The Subrecipient further agrees, therefore, that the appropriate remedy in the event of a breach by the Subrecipient of this Agreement shall be the specific performance of this Agreement or the submission and approval of a conversion-of-use request as described above. B. Project Maintenance The Subrecipient agrees that the property and facilities described in this Agreement shall be operated and maintained, at the sole expense of the Subrecipient, as prescribed by Manual requirements and published post-completion compliance regulations (Title 36 Part 59 of the Code of Federal Regulations), including the following: 1. The property shall be maintained to appear attractive and inviting to the public. 40 Page 4 of 25 2. Sanitation and sanitary facilities shall be maintained in accordance with applicable State and local public health standards. 3. Outdoor recreation facilities should comply with all State and Federal legislation (e.g., 42 U.S.C. section 6901 et. Seq. and the National Institute for Occupational Safety and Health (NIOSH) as required and compliance will be indicated by signs posted in visible public areas, statements in public information brochures, etc. 4. Properties shall be kept reasonably open, accessible, and safe for public use. Fire prevention, lifeguard, and similar activities shall be maintained for proper public safety. 5. Buildings, roads, trails and other structures and improvements shall be kept in reasonable repair throughout their estimated lifetime to prevent undue deterioration and to encourage public use. 6. The facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility. 7. A posted LWCF acknowledgement sign shall remain displayed at the project site. C. Property Records The Subrecipient agrees that a notice of the grant agreement shall be recorded in the public property records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located, to the effect that the property described and shown in the scope of the grant agreement and the signed and dated project boundary map made part of that agreement, has been acquired or developed with LWCF assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary. D. Hold Harmless/Indemnification Subrecipient agrees to protect, defend and hold State, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, causes of action of any kind or character, including the cost of defense thereof, arising in favor of Subrecipient’s employees or third parties on account of bodily or personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the act or omissions of Subrecipient and/or its agents, employees, representatives, assigns, subcontractors, except the sole negligence of the State, under this Agreement. E. Nondiscrimination 1. By signing this Agreement, the Subrecipient certifies that it will comply with all Federal laws relating to nondiscrimination as outlined in the Manual at Chapter 8, Section D Availability to Users. These include, but are not limited to: a. Discrimination based on race, color, national origin, religion, or sex. b. Discrimination based on residence. c. Discrimination based on disability; and d. Reasonable use limitations 41 Page 5 of 25 Part III – Project Assurances A. Project Application 1. The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of this Agreement. 2. The Subrecipient possesses legal authority to apply for the grant and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the Subrecipient to act in connection with the application and to provide such additional information as may be required. 3. The Subrecipient possesses the capability to finance the total costs for the project and assures funds will be available for effective operation and maintenance of the facilities acquired or developed by the Project. B. Project Execution 1. The project period shall begin with the date of approval of this Agreement and shall terminate at the end of the stated or amended project period unless the Project is completed or terminated sooner in which event the Project shall end on the date of completion or termination. 2. To be eligible for matching assistance, costs must be incurred within the project period identified on this agreement. Development costs are first incurred at the start of actual physical work on the project site (such as clearing of ground, the beginning of construction, or delivery of materials to the site). Costs are not incurred at some earlier time when contracts are signed, or purchase orders are issued. Costs incurred prior to the start of this agreement are not eligible for match or reimbursement. 3. The Subrecipient will cause work on the Project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the Project will be prosecuted to completion with reasonable diligence. 4. The Subrecipient shall secure completion of work in accordance with the approved construction plans and specifications and shall comply with all applicable Federal and local laws and regulations, including, but not limited to: a) National Environmental Policy Act of 1969, as amended (P.L. 90-190, 42 U.S.C. § 4321, et seq.). b) Protection and Enhancement of Environmental Quality (March 5, 1970, as amended by Executive Order 11991, May 24, 1977) Executive Order 11514. c) The Flood Disaster Protection Act of 1973 (12 U.S.C. § 24. 1701-1 Supp., 42 U.S.C. § 4001, et seq.). The Subrecipient will comply with the flood insurance purchase requirements of § 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93- 234, 87 Stat. 975. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood 42 Page 6 of 25 Insurance Administration of the Federal Emergency Management Agency. The phrase “Federal financial assistance” includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. d) Flood Plain Management and Wetland Protection, Executive Orders, 11988 and 11900. e) Environmental Justice in Minority and Low-Income Populations, Executive Order 12898. f) Department of the Interior Environmental Compliance Memorandum (ECM) 95-2, addressing environmental impacts of proposed actions on Indian Trust Resources in any environmental document. g) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970). The Subrecipient will comply with the terms of Title II and Title III and the applicable regulations and procedures implementing the act for all real property acquisitions and where applicable shall assure that the act has been complied with for property to be developed with assistance under this Agreement. h) Federal Act for Protection and Restoration of Estuarine Areas (P.L. 90-454). i) Wild and Scenic Rivers Act of 1968 (P.L. 90-542) (16 U.S.C. § 1274, et seq.). j) The Rivers and Harbor Act of 1899 (33 U.S.C. § 401, et seq.). k) Executive Order 11990, Protection of Wetlands. l) The Fish and Wildlife Coordination Act (16 U.S.C. §§ 661, 662). m) The Endangered Species Act of 1973 (16 U.S.C. § 1531, et seq.). n) The Antiquities Act of 1906 (16 U.S.C. § 431). o) The Archeological and Historic Preservation Act of 1966, as amended (P.L. 89-665, 16 U.S.C. § 470, et seq.). p) Architectural Barriers Act of 1968 (Pub. L. 90-480, 42 U.S.C. § 4151 et seq.). q) The National Historic Preservation Act of 1966, as amended (P.L. 88-665, 16 U.S.C. § 470, et seq.). r) Protection and Enhancement of the Cultural Environment, Executive Order 11593. s) Emergency Wetlands Resources Act of 1986 (P.L. 99-645); and t) Land and Water Conservation Fund Program of Assistance to States; Post Completion Compliance Responsibilities (36 CFR Part 59). 5. The Subrecipient shall secure completion of the work in accordance with approved construction plans and specifications and shall secure compliance with all applicable Federal, State, and local laws and regulations. 6. The Subrecipient will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications. Additionally, Subrecipient will furnish progress reports and such other information as the Department may require. 7. The Subrecipient will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Project are not listed on the Environmental Protection Agency’s (EPA) list of Violating Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the Project is under consideration for listing by the EPA. 43 Page 7 of 25 8. The Subrecipient will comply with “Minority Business Enterprises” and “Women’s Business Enterprises” pursuant to Executive Orders 11625, 12138 and 12432 and 2 C.F.R. 200.321, as follows: a) Place qualified minority and women business firms on bidder’s mailing lists. b) Solicit these firms whenever they are potential sources of supplies, equipment, construction, or services. c) Where feasible, divide total requirements into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises. d) Where the requirement permits, set delivery schedules that will encourage participation by these firms; and, e) As appropriate, using the services and assistance of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce If subcontracts are issued by Subrecipient, Subrecipient is responsible to ensure subcontractors take affirmative steps as identified in 7 a-e. The State is committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. The Department will work closely with the Subrecipient to ensure full compliance and that grant recipients take affirmative action in placing a fair share of purchases with minority business firms. C. Land Acquisition Project Documentation Subrecipient acknowledges that no land acquisition is permitted as part of this agreement. D. Procurement Standards All non-Federal subrecipients must follow the procurement standards in 2 C.F.R. 200 §§ 318 through 327, paying specific attention to 2 C.F.R. 200.321, Contracting with small and minority businesses, women’s business enterprises and labor surplus area firms. 1. All procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open, and free competition. Generally, sealed bids (formal advertising) are the preferred method for procuring construction when a complete, adequate, and realistic specification or purchase description is available; two or more responsible bidders are willing and able to compete effectively for business; and the procurement lends itself to a firm fixed price contract and the selection of the bidder can be made principally based on price. 2. Subrecipients must have and use documented procurement procedures, consistent with the standards of 2 C.F.R. 200 §§ 318 through 327 for the acquisition of property or services required under a Federal subaward. 44 Page 8 of 25 3. Subrecipient shall make positive effort to use small businesses, minority-owned firms, and women’s business enterprises, wherever possible. (See Part B, Section 3, Number 8 of this agreement.) 4. The Subrecipient shall inform all bidders on contracts for construction that Federal funds are being used to assist in construction. 5. No contract may be awarded by Subrecipient to any party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the Subrecipient certifies that it will comply with debarment and suspension provisions appearing in the Special Conditions (Appendix C) herein. 6. The Subrecipient shall include the following in all contracts: a) “Equal Opportunity Clause,” in compliance with Executive Order 11246, as amended by Executive Order 11375, and as supplemented by Department of Labor regulations (41 CFR Part 60). Mandatory for contracts more than $10,000. b) Provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for such sanctions and penalties as may be appropriate. c) Suitable provisions for termination by the Subrecipient including how it will be affected and the basis for settlement. In addition, such contracts may be terminated for default, as well as conditions under which the contract may be terminated due to circumstances beyond the control of the contractor. d) A provision to the effect that the Subrecipient, the State, the Comptroller of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the contractor, which are directly pertinent to the project, for the purpose of making audits, examination, excerpts, and transcriptions. e) Maintain statutory workmen compensation, liability, and property damage insurance. 7. All contracts more than $100,000 shall include the following: b) A provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. § 874). This act provides that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work to give up any part of the compensation to which he is otherwise entitled. c) A provision that requires the contractor to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970, the Federal Water Pollution Control Act, Executive Order 11738, and EPA regulations (40 CFR Part 15). 45 Page 9 of 25 d) Where applicable, a provision for compliance with the Contract Work Hours and Safety Standards Act, §§ 102 and 107 (40 U.S.C. §§ 327-333), as supplemented by the Department of Labor regulations (29 CFR Part 5). E. Project Costs Project costs eligible for assistance shall be determined upon the basis of the criteria set forth in the Manual and the Uniform Guidance. It is expressly agreed and understood by the Subrecipient that only those Project expenditures incurred within the project period specified by this Agreement and identified in the Project Budget (Appendix B) will be subject to reimbursement under this Agreement, except as may be otherwise provided by the Manual. 1. The Subrecipient hereby represents to and assures the Department that it has available sufficient funds to meet its share of the cost of the Project and has the good faith intention of using such funds for completing the Project, and that no financial assistance has been received, promised, or committed under any other Federal program regarding the specific proposals covered by this agreement. 2. The Department will commit to the Subrecipient applicable Federal funds awarded to the Department by the National Park Service for the Project as outlined in the Application. 3. It is understood that the Department will withhold five percent of the Federal reimbursement until the entire Project scope as outlined in the grant application and this Agreement is complete and open to the public for use. 4. The Subrecipient agrees to make immediate monetary restitution for any disallowances of costs or expenditures on unauthorized activities which are disclosed through audit or inspection by the Department. 5. The Subrecipient must submit eligible costs and expenditures equaling or exceeding the Subrecipient’s Total Project Cost (direct and indirect), as detailed on the Subrecipient Agreement Cover Sheet of this Agreement before the project can be closed out by the Department. a. The Subrecipient must document and provide to the Department the method of valuation and charges for volunteer services, materials, and equipment prior to the donations being applied to reimbursement requests for such contributions to be considered as part of the Subrecipient’s matching share. Specific procedures for placing the value on in-kind contributions from private organizations and individuals are identified in 2 C.F.R. 200.434 and the Manual. 6. The Subrecipient will prepare and submit billing statements of eligible Project expenditures to the Department by email to Olivia.Hollis@mt.gov or by mail to Olivia Hollis, PO Box 200701, Helena, MT 59620. F. Project Administration 1. The Subrecipient shall promptly submit such reports and documentation as the Department may request. 46 Page 10 of 25 2. The Subrecipient may use any generally accepted accounting system, provided such system meets the minimum requirements set forth in the Manual and supplemental instructions which may be issued by the Department. 3. Properties and facilities acquired or developed with Federal assistance shall be available for inspection by the Department and/or the NPS at any time. 4. Any deviations, which will result in any change of Project scope or objectives, shall be submitted in a timely manner to the Department for approval. 5. Pursuant to the LWCF conversation requirements at 36 C.F.R. section 59.3 and the Financial Assistance Interior Regulation (FAIR) at 2 C.F.R. 1402.329, the UASFLA, commonly referred to as the “Yellow Book,” shall be used by state and local appraisers in the preparation of appraisals for federal LWCF-assisted acquisitions, donations if used for a federal match, and land exchanges for conversions. Subrecipients must provide to the Department a copy of their Appraisal reports along with an administrative review report for all acquisition projects. A review and approval of all reports must occur by the Department before reimbursement payments with federal funds are disbursed. 6. All development plans and specifications, not previously provided, shall be submitted for approval by the Department prior to commencement of any site preparation or construction and no such site preparation or construction may be undertaken until so approved. When approved, development plans and specifications will become a part of this Agreement and execution of the project must be in accord with the approved plans and specifications. G. Signage Subrecipient must install permanent signs to acknowledge the federal-state-local partnership role. Signage must be continuously maintained at the site. Signs are supplied by the Department at the end of the project. H. Retention and Custodial Requirements for Records 1. Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 2 CFR 200 for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2. The retention period starts from the date of the final expenditure report for the project. 3. Subrecipients are authorized to substitute copies in lieu of original records. 4. The Department, the Secretary, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgrantees which are pertinent to a specific project for the purpose of making audit, examination, excerpts, and transcripts. 47 Page 11 of 25 I. Project Termination 1. The Department may temporarily suspend Federal assistance under the project pending corrective action by the Subrecipient or pending a decision to terminate the grant by the Department. 2. The Subrecipient may upon written notice to the Department unilaterally rescind this Agreement at any time prior to the commencement of the Project. After Project commencement, this Agreement may be rescinded, modified, or amended only by mutual agreement. The Project shall be deemed commenced when the Subrecipient makes an expenditure or incurs any obligation with respect to the Project. 3. The Department may terminate the Project in whole, or in part, at any time before the date of completion, whenever it is determined that the Subrecipient has failed to comply with the conditions of the grant. The Department will promptly notify the Subrecipient in writing of the determination and the reasons for the termination, together with the effective date. Payments made to Subrecipients or recoveries by the Department under projects terminated for cause shall be in accord with the legal rights and liabilities of the Parties. Such termination may result in declaration by the Department that Subrecipient is ineligible to receive Federal Funds for future projects. 4. The Department or Subrecipient may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The Parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The Subrecipient shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. The State may allow full credit to the Subrecipient for the Federal share of the noncancelable obligations, properly incurred by the Subrecipient prior to termination. 5. Termination either for cause or for convenience requires that the Project in question be brought to a state of recreational usefulness agreed upon by the Subrecipient and the Department or that all funds provided by the LWCF be returned to the Department. J. Lobbying with Appropriated Funds The Subrecipient must certify that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. (See Appendix D.) K. Provision of a Drug-Free Workplace In compliance with the Drug-Free Workplace Act of 1988, 41 U.S.C. § 8101, et seq., the Subrecipient certifies that it will or will continue to provide a drug-free workplace. 48 Page 12 of 25 L. Civil Rights Assurance The Subrecipient certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: 1. Title VI of the Civil Rights Act of 1964 at 43 C.F.R. Part 17, Subpart A. 2. Section 504 of the Rehabilitation Act of 1973 at 43 C.F.R. Part 17, Subpart B. 3. Non-Discrimination based on Age at 43 C.F.R. Part 17, Subpart C 4. ADA Title II at 28 C.F.R. Part 35. 5. ADA Accessibility Guidelines, 28 CFR 36. 6. Title IX of the Education Amendments of 1972 at 43 CFR 41; and 7. Limited English Proficiency (Executive Order 13166), 28 CFR 42.104(b)(2) The Subrecipient assures it will immediately take any measures necessary to effectuate this Agreement. This assurance shall apply to all aspects of the Subrecipient’s operations including those parts that have not received or benefited from Federal financial assistance. M. Conflict of Interest 1. No official or employee of the State or Subrecipient who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this Project shall have any financial or other personal interest in any such contract or subcontract. 2. No person performing services for the Subrecipient in connection with this Project shall have a financial or other interest other than his employment or retention by the Participant, in any contract or subcontract in connection with this Project. No officer or employee of such person retained by the Subrecipient shall have any financial or other personal interest in any real property acquired for this Project unless such interest is openly disclosed upon the public records of the Subrecipient, and such officer, employee or person has not participated in the acquisition for or on behalf of the Subrecipient. 3. No member of or delegate to Congress shall be admitted to any share or part of this Agreement, or to any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefits. 4. The Subrecipient shall be responsible for enforcing the above conflict of interest provisions. N. Hatch Act No officer or employee of the Subrecipient whose principal employment is in connection with any activity which is financed in whole or in part pursuant to this Agreement shall take part in any of the 49 Page 13 of 25 political activity proscribed in the Hatch Political Activity Act, 5 U.S.C. 118K, with the exceptions therein enumerated. O. Build America Buy America Act Note: This term effective as of January 13, 2023. For more information on DOI’s approved waiver, see: https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program. Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: 1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2. all manufactured products used in the project are produced in the United States —this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3. all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. For further information on the Buy America preference, please visit https://www.doi.gov/grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: https://www.whitehouse.gov/omb/management/made-in-america. Waivers When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may 50 Page 14 of 25 waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies: 1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; 2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or 3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest. There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at: https://www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers. If the specific financial assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials. If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request. Waiver requests will be posted to https://www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office. 1. Type of waiver requested (non-availability, unreasonable cost, or public interest). 2. Requesting entity and Unique Entity Identifier (UEI) submitting the request. 3. Department of Interior Bureau or Office who issued the award. 4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award) 5. Financial assistance title of project (reference block 8 on DOI Notice of Award). 6. Federal Award Identification Number (FAIN). 7. Federal funding amount (reference block 11.m. on DO Notice of Award). 8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known). 9. Infrastructure project description(s) and location(s) (to the extent known). 10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant PSC or NAICS code for each. 11. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor. 51 Page 15 of 25 12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver. Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation. 13. Anticipated impact if no waiver is issued. Approved waivers will be posted at https://www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer. Questions pertaining to waivers should be directed to the financial assistance awarding officer. Definitions “Construction materials” includes an article, material, or supply that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. “Construction Materials” does not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives. “Domestic content procurement preference’’ means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. “Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. ‘‘Project’’ means the construction, alteration, maintenance, or repair of infrastructure in the United States. Part IV – Subrecipient Monitoring/Compliance The Subrecipient agrees, as the recipient of this assistance, that it will meet the following specific requirements regarding compliance requirements of 2 CFR 200 and will work with the Department’s Federal Assistance and Compliance Bureau in ensuring the requirements of 2 CFR 200 are met: A. The Subrecipient will participate in an initial risk assessment conducted by the Department prior to and during the term of this Agreement. 52 Page 16 of 25 B. The Subrecipient will participate in annual reporting as a condition of acceptance of the Federal Funding. Status reports are due to the department on the following schedule: Reporting Period Status Report Due Date October 1 – September 30 October 31 C. The Subrecipient will participate in onsite monitoring conducted by the Department. The Department may conduct onsite monitoring visits with Subrecipient during the term of this Agreement to ensure Project goals and objectives as outlined in the Project Application are on track. The Department may also request the meetings as problems arise. The Subrecipient’s failure to participate in any monitoring visits, missing or rescheduling two consecutive monitoring visits, or Subrecipient’s failure to make a good faith effort to resolve problems may result in termination of this Agreement. D. The Subrecipient will annually complete the Subrecipient Survey provided by the Department’s Financial Assistance and Compliance Bureau. All project management and coordination on State’s behalf must be through the Project and/or Contracting & Financial Liaison identified below. Subrecipient shall designate a Project Liaison and Contracting & Financial Liaison that will serve as points of contact for management and coordination of Subrecipient’s work. All work performed under this Agreement must be coordinated between State’s Project Liaison and Subrecipient’s Project Liaison. Olivia Hollis is State’s Project Liaison PO Box 200701 Helena, MT 59620-0701 Telephone: 406-444-3791 Email: Olivia.Hollis@mt.gov Angela Allen is State’s Financial Liaison PO Box 200701 Helena, MT 59620-0701 Telephone: 406-444-2609 Email: Angela.Allen@mt.gov Addi Jadin is Subrecipient’s Project Liaison 415 N. Bozeman Ave. Bozeman, MT 59715 Telephone: 406-582-2908 Email: Addi.jadin@bozemanmt.gov Jamie Grabinski is Subrecipient’s Financial Liaison 121 N. Rouse Ave. Bozeman, MT 59715 Telephone: 406-528-2364 Email:jamie.grabinski@bozemanmt.gov State’s liaison(s) and Subrecipient’s liaison(s) may be changed by written notice to the other party. Written notices, requests, or complaints must first be directed to the Contracting & Financial Liaison. Notice may be provided by personal service, mail, or facsimile. If notice is provided by personal service or facsimile, the notice is effective upon receipt; if notice is provided by mail, the notice is effective within three business days of mailing. A signed and dated acknowledgement of the notice is required of both parties. 53 Page 17 of 25 The parties through their authorized agents have executed this Agreement on the dates set forth below. STATE OF MONTANA Fish, Wildlife & Parks PO Box 200701 Helena, MT 59620-0701 By: (Name/Title) CITY OF BOZEMAN 121 N Rouse Ave Bozeman, Montana 59715 UEI #: EEAPKALAEM35 By: (Name/Title) (Signature) (Signature) (Date) Approved as to Legal Content: (Date) Fish, Wildlife & Parks Legal Counsel (Date) 54 Page 18 of 25 Subrecipient Agreement Cover Form 1. SUBRECIPIENT ORGANIZATION City of Bozeman 2. SUBRECIPIENT CONTACT (Includes mailing information with four- digit zip code extension, telephone, and email) Jamie Grabinski 121 N Rouse Ave, Bozeman , Montana 59715 Telephone: (406) 582-2364 Email: Jamie.Grabinski@bozemanmt.gov 3. SUBRECIPIENT UNIQUE ENTITY IDENTIFIER: EEAPKALAEM35 5. SHORT PROJECT TITLE Bikefill Bike Park Development 6. FWP PROJECT LIAISON Olivia Hollis, Olivia.Hollis@mt.gov (406) 444-3791 7. FWP FINANCIAL LIAISON Angela Allen; Angela.Allen@mt.gov (406) 444-2609 4. SUBRECIPIENT TYPE City 8. PERIOD OF PERFORMANCE START DATE: 04/10/2026 END DATE: 04/09/2029 9. AWARD TO SUBRECIPIENT THIS ACTION $750,000 10. FED. FUNDS COMMITTED ON THIS ACTION $750,000 11. NON-FED. FUNDS COMMITTED THIS ACTION $2,347,789 12. TOTAL PROJECT COSTS $3,097,789 13. TOTAL FED FUNDS COMMITTED ON THIS CONTRACT $750,000 14. TOTAL NON-FED FUNDS COMMITTED ON THIS CONTRACT $2,347,789 15. IS THIS RESEARCH & DEVELOPMENT YES☐ NO☒ 16. SUBRECIPIENT MATCH REQUIREMENT 50% Non-Federal Match 17. SUBRECIPIENT INDIRECT COST RATE AND TERMS (IF CHARGING INDIRECT COSTS, PLEASE ATTACH 1) COPY OF NEGOTIATED RATE FROM THE COGNIZENT AGENCY, OR 2) IF DE MINIMIS RATE IS USED, ATTACH A COPY OF CURRENT FINANCIAL STATEMENTS. BY SIGNING THIS CONTRACT, SUBRECIPIENT CERTIFIES COMPLIANCE WITH 2 CFR 200.414 IN RELATION TO THE DE MINIMIS RATE) Indirect Costs are 0.32% for the 2026 Fiscal Year through June 30, 2026. 18. FEDERAL AWARD PROJECT DESCRIPTION: (REQUIRED FOR FFATA): The City of Bozeman will create Bikefill Bike Park. This project will construct a new access road and parking lot, mountain bike trails with skills features, pump tracks, and pathway to Snowfill Recreation Area; and install restrooms, shade structures, site furnishings, and signage. 19. FUNDING SOURCE INFORMATION/FEDERAL AND NON-FEDERAL A. FUNDING SOURCE (FS) USDOI/NPS LOCAL FUNDING MATCH B. NPS AWARD DATE TO FWP 04/09/2026 NA C. FAIN - FEDERAL AWARD IDENTIFICATION NUMBER P26AP00333 P26AP00333 D. TOTAL FED. AWARD TO FWP $750,000 $2,347,789 E. TOTAL OBLIGATION TO SUBRECIPIENT $750,000 $2,347,789 F. ASSISTANCE LISTING NUMBER AND NAME 15.916 Outdoor Recreation Acquisition Development and Planning LWCF Local Funding Match $3,097,789 GRAND TOTAL (should equal 12 above) Appendix A 55 Page 19 of 25 Appendix B Project Budget Budget includes the indirect costs incurred by Montana Fish, Wildlife & Parks that are associated with the administration of the LWCF grant. This amount is calculated annually by Montana Fish, Wildlife & Parks and the rate is negotiated with the Department of Interior. The current approved rate is 0.32% for the period 7/1/2025 – 6/30/2026. The effective rate will be assessed based on the date of the reimbursement request submitted by the subrecipient. The indirect cost figures in the chart below are only estimates and may differ from the actual rate charged. 56 Page 20 of 25 City of Bozeman Bikefill Bike Park Development #30-00795 Original Budget Total Cost Parking Improvements (100 Parking Spaces)1,041,721.00$ Design and Engineering**231,100.00$ Mobilization and Insurance 86,852.00$ Builder's Risk and Owners & Contractors Protective Liability Insurance 4,000.00$ Payment and Performance Bonds 3,500.00$ Traffic Control 12,000.00$ Storm Water Management and Erosion Control 20,000.00$ Unclassified Excavation 36,000.00$ Stripping, Stockpile, and Spreading Topsoil Parking & South Approach (6-inches)8,470.00$ Stripping, Stockpile, and Spreading Topsoil Parking & North Approach (6-inches)1,222.00$ 1 1/2-inch Base Course Gravel - Parking & South Approach Area (12-inch Thick)69,297.00$ 1 1/2-inch Base Course Gravel - Parking & North Approach Area (12-inch Thick)10,000.00$ Asphalt Surface Course - Parking and South Approach (3-inch Section)184,791.00$ Asphalt Surface Course - Parking and North Approach (3-inch Section)26,667.00$ Mirafi 180N Separation Fabric Parking & South Approach 23,099.00$ Mirafi 180N Separation Fabric Parking & North Approach 3,333.00$ 4-inch Concrete Sidewalk & 6-inch Base Course 60,480.00$ Curb and Gutter Parking & South Approach 58,375.00$ Curb and Gutter North Approach 13,875.00$ Drainage pond(s) and conveyance/inlets 50,000.00$ Chain link fence & gate 128,660.00$ Seeding 10,000.00$ Bikefill Bike Park 2,053,668.00$ Design and Master Plan**151,575.00$ Mobilization 25,000.00$ Per Diem/Housing 48,000.00$ Beginner/Adaptive Flow Trails 44,000.00$ Intermediate Flow Trails 90,000.00$ Advanced Flow Trails 99,000.00$ Cyclocross Built Trail Features 12,000.00$ XC Trails 94,500.00$ Asphalt Pump Tracks 300,000.00$ Skills Area 50,000.00$ Slope Style Course (Progressive Ramp CO Fabricated Features)400,000.00$ Park Amenities/Community Hub 150,000.00$ Site Work/Dirt Screening 38,000.00$ Access Road Improvements (Connection from McIlhattan Road to Parking Lot)50,000.00$ Additional Labor 50,000.00$ Contingency*451,593.00$ Total Direct Costs 3,095,389.00$ Indirect Costs (0.32% of LWCF share)2,400.00$ Total Project Cost 3,097,789.00$ LWCF Share Total Cost (24.210816165%)750,000.00$ Local Share Total Cost (75.789183835%)2,347,789.00$ 57 Page 21 of 25 Appendix C Special Conditions Applies to all agreements, contracts and collaborative agreements initiated by Montana Fish, Wildlife & Parks 1. SAM / UEI. Subrecipient agrees to comply with applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government-wide system officially designated by OMB). Subrecipient agrees to obtain a Unique Entity ID (UEI) number and to maintain a current registration. The details and processes for registration are available at https://sam.gov/. 2 C.F.R. 200.331. Subrecipient further provides that it shall not enter into any subaward, contract or other agreement using funds provided hereunder with any party listed on the SAM Exclusions in accordance with Executive Orders 12549 and 12689. Exclusions can be searched for using the SAM website https://sam.gov/search/?index=ex&page=1&pageSize=25&sort=-relevance&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%5BkeywordRadio%5D=ALL. More information on searching for exclusions can be found here: https://www.doi.gov/pam/suspension-debarment/search-exclusions. 2. Suspension/Debarment. Subrecipient confirms it is not debarred, suspended, or otherwise listed on the System for Award Management (SAM) Excluded Parties List. 2. C.F.R. Appendix II (I). 3. Subrecipient agrees to register with the Montana Secretary of State. Business that are incorporated in another state or country, but which are conducting activity in Montana, must determine whether they are transacting business in Montana in accordance with §§ 35-1-1026 and 35-8-1001, MCA. Such businesses may want to obtain guidance of their attorney or accountant to determine whether their activity is considered transacting business. If businesses determine that they are transacting business in Montana, they must register with the Secretary of State and obtain a certificate of authority to demonstrate that they are in good standing in Montana. To obtain registration materials, call the Office of the Secretary of State at (406) 444-3665 or visit their website at http://sos.mt.gov. 4. Approved Project/Program. Grant funds may be used only for the purposes in the Subrecipient’s approved program/project. The Subrecipient shall not undertake any work or activities that are not described in the grant project/program. 5. Availability of Funds. This grant award is conditional upon availability of government funds and may be reduced at any time due to budget reductions. 6. Non-committal to Future Funding. Award of this grant does not commit the Department to future funding. 7. Misuse of Award Funds. The Subrecipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. 8. Identical Cost Items for Multiple Awards. The Subrecipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those award funds have been, are being used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this award, the Subrecipient will promptly notify, in writing, the Department grant manager to eliminate any inappropriate duplication of funding. 9. Reversion of Unexpended Funds. Any funds not properly expended during the grant period shall lapse and revert to the Department. 10. Project Income. No projects administered by the Department and funded through Federal funding sources should produce an income stream. See 2 C.F.R. 200.77 Program Income for definition of what is considered program income. If there is a possibility that the project will produce income, subrecipient must confer with Program Coordinator prior to commencement of project. 58 Page 22 of 25 11. Cancellation of Award. Subrecipients are required to provide an implementation timeline with the Project description. Projects that do not include a timeline of implementation are subject to the following condition: a. COMMENCEMENT. If a project is not operational within the time frame identified in this Agreement, the Subrecipient must report by letter to the Department the steps taken to initiate the Project, the reasons for delay, the expected start date, and the impact the delay may have on the scheduled completion deadline. 12. Indirect Cost Rate: b. A Subrecipient that has an established Federally Approved Indirect Cost Rate agreement in place may request reimbursement for indirect costs. Subrecipients must provide a copy of the organization’s Federal Indirect Cost Negotiation Agreement with the signed agreement. c. De Minimis Indirect Cost Rate. A Subrecipient that is eligible under the Part 200 Uniform Requirements to use the “de minimis” indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the “de minimis” indirect cost rate, must advise the Department in writing of both its eligibility and its election and must comply with all associated requirements in the Part 200 Uniform Requirements. The “de minimis” rate may be applied only to modified total direct costs. 13. Single Audit Requirement. Subrecipients are required to allow State access to Subrecipients’ records and financial statements as required under the Uniform Guidance. Subrecipients who receive less than $1,000,000 in federal funds during the fiscal year are exempt from audit but are required to have available records for review or audit by State. Subrecipients who expend $1,000,000 or more in federal funds during its fiscal year are required to have a single audit conducted in accordance with 2 C.F.R. 200.514 or undergo a program-specific audit. 14. Personnel Time and Attendance Records. Subrecipient must maintain time and attendance records to support personnel costs associated with grant project. 15. Travel Reimbursement. Travel and associated costs are only eligible if they are necessary for accomplishing the objectives in the agreement and have been included in the budget narrative and project description. State rates for mileage, per diem, and lodging are discussed below and are the maximum amounts that can be charged by subrecipients funded by the Department. A Subrecipient may utilize its own travel policy and rates provided those rates do not exceed Federal rates. Subrecipient must provide Department with copy of policy with signed agreement. Grant funds may not be used to pay for out-of-state travel without prior approval from MFWP. Grant funds cannot be used for costs and fees associated with cancellation or changes to travel, (i.e., airline, hotels, registration, etc.) unless approved by MFWP. MEALS To claim reimbursement for a meal, Subrecipient must be in a travel status for more than three continuous hours within one of the time ranges. To receive the morning meal, you must leave before 7:00AM and to receive the evening meal you must return after 6:01PM. Current per diem meal allowance rates effective April 11, 2023, are as follows: Meals Allowance: In-State Out-of-State Morning Meal (12:01AM-10:00AM) $ 8.25 $13.00 Midday Meal (10:01AM-3:00PM) $ 9.25 $15.00 Evening Meal (3:01PM-12:00AM) $16.00 $26.00 Total $33.50 $54.00 MILEAGE Subrecipients may request mileage reimbursement based on the date the travel was performed at the standard mileage rate published by the US Internal Revenue Service, which is updated each Jan 1st. 59 Page 23 of 25 LODGING Subrecipients may request lodging reimbursement of room and tax based on the date the travel was performed utilizing the state approved lodging rates. As with all direct expenses, an itemized receipt must be provided to claim reimbursement. 16. Vehicle Usage Rate: Programs must utilize the State’s motor pool rate or the straight mileage rate for the duration of the grant. The rate must be tracked per project and reported accordingly. 17. Consultant Services. Consultant services provided by consultants employed with for-profit, nonprofit, and not-for- profit organizations are subject to competitive bidding procedures. Contracted services provided by other types of organizations may also have restrictions. Please check with Program Manager prior to committing grant funds. 18. High-Risk Subrecipient. The Subrecipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the Department determines that the recipient is a high-risk grantee. See 2 C.F.R. 200.331(b) and 2 C.F.R. 200.331(e). 19. Reduce Text Messaging While Driving. Pursuant to Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages Subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 20. Seat Belt Provision. The Subrecipient is encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. 21. Trafficking in Persons. This award is pursuant to paragraph (g) of section 106 of the Trafficking Victims Protections Act of 2000, as amendment (2 CFR §175.15). 22. Compliance with Executive Order 11246 of September 24, 1965, entitled Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967, and as supplemented in U.S. Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded more than $10,000 by grantees and their contractors or subrecipients.) 23. Compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in U.S. Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair.) 24. Compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970, the Federal Water Pollution Control Act, Executive Order 11738, and Environmental Protection Agency regulations (406 CFR Part 15). 25. Compliance with Montana Environmental Policy Act, § 75-1-101, et seq, MCA. 26. Compliance with §§ 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-330) as supplemented by U.S. Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subrecipients more than $2,000, and more than $2,500 for other contracts which involve the employment of mechanics or laborers.) 27. Compliance with 41 U.S.C. § 4712, Enhancement of Recipient and Subrecipient Employee Whistle Protection: (a) This award, related subawards and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 USC § 4712; (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights 60 Page 24 of 25 and protections under 41 USC § 4712; (c) The recipient shall insert this clause, including this paragraph, in all subawards and in contracts over the simplified acquisition threshold related to this award. 28. Compliance with notice of awarding federal agency requirements and regulations pertaining to reporting. 29. Compliance with notice of awarding federal agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed during or under such contract. 30. Compliance with awarding federal agency requirements and regulations pertaining to copyrights and rights in data. 31. Compliance with equal opportunity to participate in and benefit from programs described is available to all individuals without regard to their race, color, religion, national origin or ancestry, sex, age, handicap, disability, sexual orientation, gender identity, military or veteran status or political affiliation. Complaints of discrimination should be sent to the Office of Human Resources, Montana Department of Fish, Wildlife & Parks, 1420 E. Sixth Avenue, Helena, Montana 59601. 32. Compliance with all applicable provisions of the Federal Funding Accountability and Transparency Act of 2006. 44 U.S.C. § 3501 (“FFATA”). As of March 1, 2011, recipients of federal grants and contracts, including the Department, must comply with subrecipient reporting requirements under the FFATA. Under FFATA, the Department is required to report on newly issued first tier subgrants of $25,000 or more. The information reported will be made available to the public on the USASpending.gov website. The reports filed pursuant to FFATA include the following information: d. Name of entity receiving the award. e. Amount of the award. f. Information on the award including transaction type, funding agency, program source, award title and assistance listing number. g. Location of the entity receiving the award and primary location of performance under the award, including city, state, congressional district, and country. h. UEI Number of the entity receiving the award or the parent entity of the recipient; and i. Names and total compensation of the five highest compensated officers of the entity if, during the preceding fiscal year, it received: (a) 80 percent or more of its annual gross revenues in federal awards, and (b) $25 million or more in annual gross revenues from federal awards; and if the public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1976. 33. Compliance with all applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards Act of 2014, and as amended 2020. 61 Page 25 of 25 Appendix D Lobbying Certification In compliance with 31 U.S.C. § 1352, the Subrecipient certifies to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, and officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature of Certifying Official Printed Name & Title of Certifying Official Name of Subrecipient Date 62 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Procurement Coordinator Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Ratify the City Manager's Approval for the FFY27 State Highway Traffic Safety Grant Application MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Grant RECOMMENDATION:Ratify the City Manager's Approval for the FFY27 State Highway Traffic Safety Grant Application STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The State Highway Traffic Safety (STEP) grant is administered through the Montana Department of Transportation State Highway Traffic Safety Section. The STEP grant opportunity is typically for Law Enforcement overtime for defined traffic mobilization periods. This application is requesting for one full-time law enforcement officer who will be dedicated to traffic enforcement including but not limited to the annual defined mobilization periods. The defined mobilization periods include Memorial Day, Labor Day, Holidays (Christmas and New Years) and our specific community special events. This grant opportunity provides funding for one 12-month period with the option to re-apply as available. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:Total expenditures are to be $132,094.22. Expenditures will be made in the General Fund and will be included in the adopted FY27 budget. Attachments: STEP OT Combined App.pdf Report compiled on: April 23, 2026 63 My Requests Montana.gov Official State Website Return to my.mt.gov Search MT.gov fl My Grants + Loans My Tasks 4 Home Law Enforcement Only - FFY2027 State Highway Traffic Safety Grant Application - City of Bozeman Grant Recipient Information Form Return to Application Law Enforcement Only - FFY2027 State Highway Traffic Safety Grant Application Number GLTASK0001084 Created 2mo ago Updated 20h ago State Submitted Assigned to Jamie Grabi…JG Parent GLAPP0005600 Funding opportunity Law Enforcemen… Type Misc Request Give Feedback4/2/26, 10:29 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=0f37af2a87fa76541…1/564 Grants and Loans Task details Subject Grant Recipient Information Form Grant Recipient Information Form Subrecipient Information Single Audit Activity Form Attachments Information contained in this form will be used to generate the contract. Project Name City of Bozeman Traffic Safety Officer Organization Name City of Bozeman UEI Number EEAPKALAEM35 Address 121 N. Rouse Ave., Bozeman, MT 59715 Did your organization expend $1,000,000 or more in federal funds in the prior fiscal year, requiring a Single Audit? If you are not sure mark answer as unknown. Single Audit Requirement Give Feedback4/2/26, 10:29 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=0f37af2a87fa76541…2/565 Authorizing Official Project Director Fiscal Year of Most Recent Single Audit Yes, and the Single Audit is completed 2025 Key Personnel & Authorized Contacts Authorized Official has the authority to sign and enter into the contract for the organization. (City/County Commissioner Chair, Mayor, Chief Executive Officer, Department Head or President of Board of Directors) Name Chuck Winn Title City Manager Address City Hall, 121 N. Rouse Ave., Bozeman, MT 59715 Phone 406-582-2307 Email chuck.winn@bozemanmt.gov Enter the name of the individual who is responsible for signing the contract and overseeing the project implementation. Name Jim Veltkamp Give Feedback4/2/26, 10:29 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=0f37af2a87fa76541…3/566 Point of Contact Fiscal Contact Title Chief of Police Address Bozeman Public Safety Center, 901 N. Rouse Ave., Bozeman, MT 59715 Phone 406-582-2238 Email jim.veltkamp@bozemanmt.gov Individual responsible for day-to-day activities. Name Hal Richardson Title Captain Address Bozeman Public Safety Center, 901 N. Rouse Ave., Bozeman, MT 59715 Phone 406-582-2213 Email hal.richardson@bozemanmt.gov Give Feedback4/2/26, 10:29 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=0f37af2a87fa76541…4/567 Individual responsible for the accounting practices. Name Jamie Grabinski Title Grants Coordinator Address City Hall, 121 N. Rouse Ave., Bozeman, MT 59715 Phone 406-582-2364 Email jamie.grabinski@bozemanmt.gov Site Maintained By State Information Technology Services Division: PO Box 200113 Helena, MT 59620-0113 Contact Us Cookies and Google Analytics Privacy & Security Accessibility MT.gov Give Feedback4/2/26, 10:29 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=0f37af2a87fa76541…5/568 My Requests Montana.gov Official State Website Return to my.mt.gov Search MT.gov fl My Grants + Loans My Tasks 4 Home Law Enforcement Only - FFY2027 State Highway Traffic Safety Grant Application - City of Bozeman Project Narrative Return to Application Law Enforcement Only - FFY2027 State Highway Traffic Safety Grant Application Number GLTASK0001085 Created 2mo ago Updated 20h ago State Submitted Assigned to Jamie Grabi…JG Parent GLAPP0005600 Funding opportunity Law Enforcemen… Type Misc Request Give Feedback4/2/26, 10:36 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=e337236a87fa7654…1/569 Grants and Loans Task details Subject Project Narrative Project Narrative Activity Form Attachments Executive Summary Please provide a short narrative including the following points: Give a short overview of the project. Summarize the main goals and expected impact. Describe collaboration partners. Executive Summary The City of Bozeman has three main goals for this traffic enforcement officer project. One main goal for the City of Bozeman's project is to identify and arrest DUI offenders and those driving in a reckless/careless manner. Secondly, the City will make school zones safer by reducing speeding which will in turn reduce traffic complaints. And our third main goal is to improve public perception of traffic enforcement. The City collaborates with Montana State University, Gallatin County Sheriff's office, and Montana Highway Patrol. Each of these partners participates in a mutual aid agreement to assist as needed and as appropriate for each jurisdiction.c c Problem / Needs Statement Please include the following points in your problems/needs statement: Describe the safety issue your community is facing. Include recent data or examples that show why the issue matters. Explain who is affected and how. Problem / Needs Statement Bozeman became a metropolitan area following the 2020 census meaning the area's population surpassed 50,000 people. While the population density has increased, the support services and infrastructure to match the demands takes time. The safety issue that our community faces is Give Feedback4/2/26, 10:36 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=e337236a87fa7654…2/570 the increased number of drivers on our roads while closing the gap for support services and infrastructure.c The residents of Bozeman are active and health conscience. There are many pedestrians bicycling, walking, and exercising on our roadways and sidewalks, but in recent years, it has become less safe. In 2025, Bozeman Police Department recorded1663 crashes, 306 DUIs, 3 fatalities (2 alone in February) and 484 traffic crimes such as reckless driving or wrong way driving. The City implemented the SAFE plan in 2022 that incorporates change in physical infrastructure, policy, policing, and promotion (community education and promotion of responsibility and safety). Therefore,c to facilitate the policing portion of the SAFE plan, we have two dedicated traffic enforcement officers. With the STEP funding, we hope to add a third fully dedicated traffic enforcement officer.c Ultimately, the entire community and anyone coming into the City as a visitor or commuter is affected by this safety issue. If the transportation infrastructure, which legitimately takes time to implement, is in progress, law enforcement must bridge the gap.c c c c Data Collection and Analysis Discuss your agencies data collection and analysis to ensure transparency. Data Collection and Analysis The City's data collection and analysis is a two-fold effort. The City uses Central Square for its records management system that aggregates stops, crimes, crashes, and all law enforcement data. The Police Department also works with the City's Transportation and Engineering Department to identify high traffic roadways and major intersections. Meeting quarterly to identify areas and data share, the Police Department then uses that information for direct patrols. The Police Department dedicates officers for certain shifts during key times of the day to provide traffic safety and enforcement.c c c c Community Collaboration Efforts Discussion of planned community collaboration efforts related to traffic enforcement. (i.e. local community events, driver’s education programs, Alive at 25, etc.)Give Feedback4/2/26, 10:36 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=e337236a87fa7654…3/571 Community Collaboration Efforts The City of Bozeman's collaboration efforts related to traffic enforcement include several different events and programs. One important collaborative effort is with the Bozeman School District 7 and driver's education programs. The Police Department has dedicated teaching time in the Traffic Education courses. This opportunity allows police officers to collaborate with younger drivers in our community and promote safe driving skills.c Bozeman PD also collaborates with the community by hosting the annual National Night Out. This event fosters community partnerships and strengthens relationships between community members and first responders with traffic enforcement being a key topic.c c During the summer months, Bozeman PD hosts a community tent for Music on Main. This weekly event held on Thursday evenings from July to August provides an opportunity for Bozeman PD to collaborate with community members to promote safe, sober driving and traffic enforcement activities.c Lastly, Bozeman PD participates in community safety efforts through the City's B-SAFE plan. The plan is a comprehensive traffic safety initiative aimed at reducing serious injuries and fatalities, with a goal of zero traffic deaths. Bozeman PD partners with the community on traffic calming projects and works with other agencies such as MSU Police to enhance safety at large public events.c While this is not an exhaustive list, the City of Bozeman Police Department makes a concerted effort for community collaboration and building community partnerships.c c Agency Mobilization Public Communication Discussion how your agency will communicate the mobilizations to the public. (i.e. radio, social media posts, reader boards, etc.) Agency Mobilization Public Communication The City of Bozeman communicates mobilizations to the public using several methods. For example, the City uses reader boards, social media such as Facebook https://www.facebook.com/bozemanpolice/, and radio advertisements such as KSKY radio program with Officer Bree Sanders and Officer Rick Musson. The City of Bozeman also collaborates with Gallatin County's DUI Task Force for communication of mobilizations.cc c c Give Feedback4/2/26, 10:36 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=e337236a87fa7654…4/572 Site Maintained By State Information Technology Services Division: PO Box 200113 Helena, MT 59620-0113 Contact Us Cookies and Google Analytics Privacy & Security Accessibility MT.gov Give Feedback4/2/26, 10:36 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=e337236a87fa7654…5/573 My Requests Montana.gov Official State Website Return to my.mt.gov Search MT.gov fl My Grants + Loans My Tasks 4 Home Law Enforcement Only - FFY2027 State Highway Traffic Safety Grant Application - City of Bozeman Project Objectives Return to Application Law Enforcement Only - FFY2027 State Highway Traffic Safety Grant Application Number GLTASK0001086 Created 2mo ago Updated 19m ago State Submitted Assigned to Jamie Grabi…JG Parent GLAPP0005600 Funding opportunity Law Enforcemen… Type Misc Request Give Feedback4/2/26, 10:27 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=6337236a87fa7654…1/674 Grants and Loans Task details Subject Project Objectives Project Objectives Memorial Day Labor Day Activity Form Attachments Instructions STEP and SETT programs are required to complete the Memorial Day, Labor Day, Holiday Mobilizations and at least one special event. Objective 1. Objective Click-it or Ticket Memorial Day Mobilization Activities During the Memorial Day Mobilization, participating agencies conduct high‑visibility enforcement focused on impaired driving, speeding, and seatbelt compliance. Efforts include deploying officers in visible enforcement areas, using data to identify high‑risk locations and times, and coordinating statewide and national traffic‑safety campaigns. Agencies also share safety messaging with the public to reinforce the dangers of impaired driving, speeding, and the importance of seatbelt use during the holiday travel period. Outcome As a result of the Click-it or Ticket Memorial Day Mobilization efforts, communities will experience increased deterrence of unsafe driving behaviors during the holiday period. This mobilization will remind drivers and their passengers of the importance of buckling up. These activities are expected to reduce crashes, injuries, and fatalities while strengthening public awareness of traffic‑safety laws and encouraging safer travel throughout the period May 18 – May 30 . th th Labor Day Objective 2.Give Feedback4/2/26, 10:27 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=6337236a87fa7654…2/675 Holiday (Christmas-New Years) Special Events Objective Labor Day Drive Sober or Get Pulled Over Mobilization Activities During the Labor Day Drive Sober or Get Pulled Over Mobilization, participating law enforcement agencies will conduct high visibility enforcement operations focused on impaired driving, speeding, and seatbelt compliance. Officers increase patrols during late‑night and weekend hours when alcohol‑ and drug‑related crashes historically rise. Agencies coordinate with statewide and national traffic safety campaigns, deploy officers in highly visible enforcement zones, and share targeted safety messaging to remind the public of the heightened risks associated with holiday travel and end‑of‑summer celebrations. Outcome As a result of the Labor Day Drive Sober or Get Pulled Over Mobilization efforts, communities will experience increased deterrence of impaired and unsafe driving behaviors during a period associated with elevated crash risk. These activities are expected to reduce crashes, injuries, and fatalities while strengthening public awareness of traffic safety laws and encouraging safer travel throughout the Labor Day holiday period of August 19 – September 7 . th th Objective 3. Objective Holiday Mobilization (Christmas–New Year’s) Drive Sober or Get Pulled Over Activities Participating agencies implement enhanced high visibility enforcement during the Christmas–New Year’s holiday period, focusing on impaired driving, seatbelt compliance, and winter‑related roadway risks. Enforcement is strategically scheduled during evenings, weekends, and holiday gatherings when impaired driving incidents are most common. Agencies collaborate with community partners, media outlets, and statewide campaigns to deliver safety messaging that emphasizes the dangers of impaired driving, the importance of seatbelt use, and the need for responsible travel during winter holidays. Outcome Through enforcement and public education during the Christmas–New Year’s period December 16 – January 1 , communities will benefit from increased deterrence of impaired and unsafe driving behaviors. These efforts will contribute to reductions in impaired driving related crashes, injuries, and fatalities, while reinforcing public awareness of traffic safety laws and promoting responsible decision‑making during one of the highest‑risk travel seasons of the year. th st Objective 4. Objective: Special Events Give Feedback4/2/26, 10:27 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=6337236a87fa7654…3/676 Other/Seasonal Enforcement Activities: Strengthen traffic safety by conducting coordinated high‑visibility enforcement operations during holidays, community events, rodeos, fairs, and other periods that historically show increased impaired‑driving, speeding, and seatbelt‑related violations. These efforts aim to deter dangerous driving behaviors and reinforce public awareness during times of elevated risk. Outcome: Through targeted HVE operations during holidays and major community events, participating agencies will increase deterrence of impaired, speeding, and unsafe driving behavior like not wearing seatbelts. These efforts will contribute to reductions crashes, injuries, and fatalities, while also improving public awareness of traffic‑safety laws and encouraging voluntary compliance. List the Special Events you will be providing HVE for and when it will take place. Event When will the event take place? 1) Music on Main Takes place every Thursday night from July 2nd to August 6th 2)Sweet Pea Festival/Slam August 7th-9th 3)Big Sky Country State Fair July 15th-19th 4)Montana State University Fall Semester August 23rd-25th 5)Christmas Stroll First Saturday of December, annually Will you be participating in the Other/Seasonal Enforcement? Objective 5. Objective Other Mobilizations / Seasonal Enforcement Activities Throughout the year, participating agencies conduct additional high visibility enforcement operations aligned with statewide and national traffic safety initiatives. These may include spring and summer travel periods, back‑to‑school operations, and other times identified through crash data as high‑risk for impaired driving, speeding, and seatbelt non‑use. Agencies deploy targeted patrols, collaborate with community partners, and share safety messaging to address emerging trends and reinforce consistent traffic safety expectations. Outcome By participating in additional seasonal and data‑driven enforcement mobilizations, agencies will enhance deterrence of impaired and unsafe driving behaviors beyond major holidays. These efforts will support year‑round reductions in crashes, injuries, and fatalities, while strengthening community awareness of traffic safety laws and promoting safer roadway behaviors across all seasons. Yes Give Feedback4/2/26, 10:27 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=6337236a87fa7654…4/677 Sustained Enforcement List additional mobilizations you will be providing HVE for and when the mobilizations will take place. Mobilization When will the mobilization take place. 1)Fourth of July Week of July 4th 2) 3) Will you be participating in the Sustained Enforcement? Objective 6. ObjectiveSustained Enforcement Activities The participating law enforcement agencies aim to sustain dedicated traffic enforcement efforts focused on the prevention, detection, enforcement, and education of impaired‑driving, speeding, and seatbelt related violations. Officers engaged in this work collaborate with community partners to increase public awareness of the dangers of impaired driving, speeding and the importance of seatbelt use. Enforcement is strategically scheduled during the times of day and days of the week when drug‑ and alcohol‑related driving incidents are most prevalent, with the goal of reducing injury‑related crashes caused by individuals operating vehicles under the influence of alcohol and/or drugs. Outcome As a result of sustained DUI enforcement efforts across participating agencies, communities will experience a reduction in crashes, injuries, and fatalities. Increased enforcement activity, targeted patrols during high‑risk periods, and expanded public‑education efforts will strengthen public awareness of impaired‑driving, speeding dangers, improve seatbelt‑use rates, and enhance overall roadway safety. Explain how your agency will provide year round enforcement, and what data will you use to support and justify your enforcement approach? To maintain year round enforcement, there is multi-disciplinary collaboration between the City of Bozeman's Crash Investigator, Law Enforcement officers, and our Transportation and Engineering Department to identify problematic times of day and areas. For example, we use real-time crash data to identify "hot spots" -geographic areas in Bozeman that have higher probabilities of violations. Additionally, we collect and analyze community complaints and reports. For instance, in the last month, the Police Department logged 5,380 calls; twenty percent (20%) or 1,100 of those calls were traffic stop related calls while three percent (3%) were traffic crimes. The BPD Data Dashboard information began as of January 1, 2024 and can be accessed at https://www.bozeman.net/departments/police/crime- information/bpd-data-dashboard. Also, with this data, we assess the timing of incidences and Yes Give Feedback4/2/26, 10:27 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=6337236a87fa7654…5/678 schedule our current traffic enforcement officers during high-peak times of the day, a 3 pm to 12 am shift. Lastly, in addition to our current data use that supports and justifies our enforcement approach, the City Transportation and Engineering Department recently executed two Safe Streets for All grants (SS4A) and is working on a Comprehensive Safety Action Plan. As part of the plan, the City will install ITS equipment to existing signal systems in order to collect data on red light running, speeding, and near misses. This information will allow Law Enforcement to further strategize the best traffic enforcement solutions.c c cc Site Maintained By State Information Technology Services Division: PO Box 200113 Helena, MT 59620-0113 Contact Us Cookies and Google Analytics Privacy & Security Accessibility MT.gov Give Feedback4/2/26, 10:27 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=6337236a87fa7654…6/679 My Requests Montana.gov Official State Website Return to my.mt.gov Search MT.gov fl My Grants + Loans My Tasks 4 Home Law Enforcement Only - FFY2027 State Highway Traffic Safety Grant Application - City of Bozeman Budget Return to Application Law Enforcement Only - FFY2027 State Highway Traffic Safety Grant Application Number GLTASK0001087 Created 2mo ago Updated 20h ago State Submitted Assigned to Jamie Grabi…JG Parent GLAPP0005600 Funding opportunity Law Enforcemen… Type Application Budg…Give Feedback4/2/26, 10:38 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=7f37636a87fa76541…1/580 Grants and Loans Task details Application Budget Category Budget ($) No line items added No line items added No line items added Subject Budget Equipment (with prior approval) $0.00 IDC (If Applicable) $0.00 Personnel Services $124,745.22 Salary Submitted $88,241.76 Fringe Benefits Submitted $36,503.46 Travel $0.00 Operating Expenses $7,349.00 Other $4,771.00 Give Feedback4/2/26, 10:38 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=7f37636a87fa76541…2/581 No line items added Budget Narrative Activity Form Attachments Instructions: Personnel Services Provide information such as hourly pay rate, estimated hours worked, and any applicable benefit rates to document how the claimed amount for personnel services was calculated. Example Calculation Salary Program Coordinator 2020 hours x $24.50 per hour = $50,960 Fringe Benefits $50,960 x 6.8% = $3,465.28 Personnel Services We are requesting salaries and benefits for one full time employee for our traffic enforcement division. Salary for traffic enforcement officer 2080 hours x $42.42 per hour =$88,241.76 Fringe Benefits for traffic enforcement officer $88,241.76 x 41.37% =$36,503.46 c c c Instructions: Contracted Services Provide information such as contractor rate, estimated hours, unit costs, or flat fees to document how the contracted services’ amount was determined. Submitted Equipment (Less than $10,000) Submitted $2,578.00 Contracted Services $0.00 Total $132,094.22 Give Feedback4/2/26, 10:38 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=7f37636a87fa76541…3/582 Example: Database Subscription: $4,200 a year Paid Media: Quarterly newspaper ads x $200 per ad = $1,000 Contracted Services We are not requesting funding for this line item. We have an internal media team for our external media.c Instructions: Operating Costs Provide information such as unit cost, quantity purchased, and any applicable fees to document how the operating expense amount was calculated. Example: Rent $200 per month x 12 months = $2,400 Operating Costs We are requesting funding for one full time employee's motorcycle uniform, bullet proof vest, and pro-laser lidar.cc Motorcycle uniform and bullet proof vest: Motorcycle helmetc c = $450.00 Pants x 2 @ $620c c c = $1,240.00 Jacket x 2 @ $739c c c= $1,478.00 Boots x 1 @ $320c c c = $320.00 Vest x 1 @ $1,283c c c =$1,283.00 Pro Laser Lidar gunc c=$2,578.00 Total Request for uniform, vest, and Lidar is $7,349. c Instructions: Travel Provide information such as airfare, lodging rates, number of nights, and any other allowable travel expenses to document how the total travel cost was calculated. Example: Operating Expense Staff Travel for Conference Round‑trip flight: $325 Hotel lodging: 2 nights x $145 per night = $290 Travel We are not requesting funding for this line item. The motorcycle training will be completed in- house.c Give Feedback4/2/26, 10:38 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=7f37636a87fa76541…4/583 Instructions: Equipment Equipment is defined as items costing more than $10,000. Provide information such as unit cost, quantity, and justification to document how the equipment cost was calculated. Equipment purchases require prior approval. Equipment (With prior Approval) We are not requesting funding for equipment at this time.c c Instructions: IDC Provide information such as the approved indirect cost rate and the direct cost base used to calculate the overhead amount. If an overhead/indirect rate is being claimed, the required approval letter or rate certification must be uploaded. Indirect Costs (If Applicable) We are not requesting indirect cost.c Site Maintained By State Information Technology Services Division: PO Box 200113 Helena, MT 59620-0113 Contact Us Cookies and Google Analytics Privacy & Security Accessibility MT.gov Give Feedback4/2/26, 10:38 AM My Grants - MT Grants + Loans https://montana.servicenowservices.com/mtgl?id=csm_case_task_ticket&table=x_g_som_grants_grants_and_loans_task&sys_id=7f37636a87fa76541…5/584 BOZEMAN PUBLIC SCHOOLS 404 West Main, PO Box 520 Bozeman, MT 59771-0520 www.bsd7.org CASEY BERTRAM Superintendent casey.bertram@bsd7.org 406-522-6001 March 30, 2026 Kevin Dusko, State Highway Traffic Safety Supervisor Law Enforcement Liaison 2701 Prospect Ave. P.O. Box 201001 Helena, MT 59620-1001 Dear Kevin Dusko, I am writing to express my support for the City of Bozeman’s FFY2027 State Highway Traffic Safety grant application. As the Superintendent of Bozeman Public Schools, the need for a full-time traffic safety officer is paramount. Having an additional traffic safety enforcement officer will help reduce influenced driving and promote safer roadways. The Bozeman Police Department has worked on selective traffic enforcement and coordinated with our agency for many years, showing a clear commitment to making our community safer. Traffic safety in and around our 12 campuses is of the utmost importance to our district. The implementation of 24-hour school zone enforcement and increased patrol visibility near our many crosswalks would provide crucial support. These measures help to ensure that the hundreds of students and families who walk and bike to school each day have added protections against traffic hazards. I appreciate your attention and consideration for this important effort to partner with the City of Bozeman Police Department to make our streets safer. Sincerely, Casey Bertram, Superintendent 85 DĂƌĐŚϯϭ͕ϮϬϮϲ <ĞǀŝŶƵƐŬŽ͕^ƚĂƚĞ,ŝŐŚǁĂLJdƌĂĨĨŝĐ^ĂĨĞƚLJ^ƵƉĞƌǀŝƐŽƌ >Ăǁ ŶĨŽƌĐĞŵĞŶƚ>ŝĂŝƐŽŶ ϮϳϬϭWƌŽƐƉĞĐƚǀĞ͘ W͘K͘ŽdžϮϬϭϬϬϭ ,ĞůĞŶĂ͕DdϱϵϲϮϬͲϭϬϬϭ ĞĂƌDƌ͘ƵƐŬŽ͕ KŶďĞŚĂůĨŽĨƚŚĞŝƚLJŽĨŽnjĞŵĂŶ͛ƐĞƉĂƌƚŵĞŶƚŽĨdƌĂŶƐƉŽƌƚĂƚŝŽŶΘ ŶŐŝŶĞĞƌŝŶŐ͕/ĂŵǁƌŝƚŝŶŐƚŽĞdžƉƌĞƐƐ ŵLJƐƚƌŽŶŐƐƵƉƉŽƌƚĨŽƌƚŚĞŝƚLJŽĨŽnjĞŵĂŶ͛Ɛ&&zϮϬϮϳ^ƚĂƚĞ,ŝŐŚǁĂLJdƌĂĨĨŝĐ^ĂĨĞƚLJŐƌĂŶƚĂƉƉůŝĐĂƚŝŽŶ͘ dƌĂĨĨŝĐƐĂĨĞƚLJĞŶĨŽƌĐĞŵĞŶƚŝƐĐƌŝƚŝĐĂůƚŽƚŚĞĐŝƚLJ͛ƐƐŚĂƌĞĚŐŽĂůŽĨŵĂŶĂŐŝŶŐƐĂĨĞƌƐƚƌĞĞƚƐĂŶĚƌĞĚƵĐŝŶŐ ĚĂŶŐĞƌŽƵƐďĞŚĂǀŝŽƌƚŚĂƚĐĂŶŶŽƚďĞĐŽŶƚƌŽůůĞĚƚŚƌŽƵŐŚĞŶŐŝŶĞĞƌŝŶŐĂůŽŶĞ͘ dŚĞĐŝƚLJŽĨŽnjĞŵĂŶƵƚŝůŝnjĞƐƚŚĞh͘^͘ĞƉĂƌƚŵĞŶƚŽĨdƌĂŶƐƉŽƌƚĂƚŝŽŶ͛Ɛ^ĂĨĞ^LJƐƚĞŵƐƉƉƌŽĂĐŚĨŽƌ ƉƌŽĂĐƚŝǀĞ͕ĐŽůůĂďŽƌĂƚŝǀĞĂĐƚŝŽŶďĞƚǁĞĞŶĞŶŐŝŶĞĞƌŝŶŐĂŶĚĞŶĨŽƌĐĞŵĞŶƚƚŽĞůŝŵŝŶĂƚĞƐĞǀĞƌĞĂŶĚĨĂƚĂů ĐƌĂƐŚĞƐďLJŝŶĨůƵĞŶĐŝŶŐƐĂĨĞƌďĞŚĂǀŝŽƌŽŶŽƵƌƐƚƌĞĞƚƐ͘DLJĞdžƉĞƌŝĞŶĐĞǁŽƌŬŝŶŐǁŝƚŚƚŚĞŽnjĞŵĂŶWŽůŝĐĞ ĞƉĂƌƚŵĞŶƚ;WͿŚĂƐƉƌŽǀĞŶƚŚĞŵƚŽďĞĞdžĐĞƉƚŝŽŶĂůƉƌŽĨĞƐƐŝŽŶĂůƐǁŝƚŚŚŝŐŚĞƚŚŝĐĂůƐƚĂŶĚĂƌĚƐĂŶĚ ĚĞĞƉĐĂƌĞĨŽƌƉƵďůŝĐƐĂĨĞƚLJ͘ ŽnjĞŵĂŶĞdžƉĞƌŝĞŶĐĞƐĂĚĂŝůLJŝŶĨůƵdžŽĨĚƌŝǀĞƌƐĨƌŽŵƚŚƌŽƵŐŚŽƵƚ'ĂůůĂƚŝŶsĂůůĞLJĨŽƌǁŽƌŬĂŶĚƐĐŚŽŽůŽŶ ƚŽƉŽĨŵŽƌĞƚŚĂŶĂŵŝůůŝŽŶƚŽƵƌŝƐƚƐƉĞƌLJĞĂƌ͘dŚŝƐĚĞŵĂŶĚĨŽƌĞŶĨŽƌĐĞŵĞŶƚĨĂƌĞdžĐĞĞĚƐƚŚĞůŽĐĂůƚĂdžďĂƐĞ͕ ůĞĂǀŝŶŐƚŚĞƉĞŽƉůĞǁĞƐĞƌǀĞŝŶŶĞĞĚŽĨĞdžĂĐƚůLJƚŚĞƚLJƉĞŽĨŐƌĂŶƚƐƵƉƉŽƌƚLJŽƵƌ^ƚĂƚĞ,ŝŐŚǁĂLJdƌĂĨĨŝĐ ^ĂĨĞƚLJƉƌŽŐƌĂŵƉƌŽǀŝĚĞƐ͘ ĞƐƉŝƚĞƐƚĂĨĨŝŶŐůĞǀĞůƐƚŚĂƚĂůůŽǁĨŽƌŽŶůLJƚǁŽƚƌĂĨĨŝĐĞŶĨŽƌĐĞŵĞŶƚŽĨĨŝĐĞƌƐ͕WŚĂƐĚĞŵŽŶƐƚƌĂƚĞĚŝŶĂ ƐŚŽƌƚĂŵŽƵŶƚŽĨƚŝŵĞƚŚĂƚƚĂƌŐĞƚĞĚĞŶĨŽƌĐĞŵĞŶƚŽĨƐĐŚŽŽůnjŽŶĞƐ͕ĚĂŶŐĞƌŽƵƐƐƉĞĞĚŝŶŐ͕ĂŶĚĚƌŝǀŝŶŐ ƵŶĚĞƌƚŚĞŝŶĨůƵĞŶĐĞŚĂƐďĞŐƵŶƚŽĐŚĂŶŐĞĚƌŝǀĞƌďĞŚĂǀŝŽƌĨŽƌƚŚĞďĞƚƚĞƌŝŶŽnjĞŵĂŶ͘WŚĂƐƉƌŽǀĞŶ ƚŚƌŽƵŐŚƚŚĞŝƌĂĐƚŝŽŶƐƚŚĂƚĂŶĂĚĚŝƚŝŽŶĂůƚƌĂĨĨŝĐĞŶĨŽƌĐĞŵĞŶƚŽĨĨŝĐĞƌǁŝůůďĞĂŶĞdžĐĞůůĞŶƚƵƐĞŽĨƉƵďůŝĐ ƌĞƐŽƵƌĐĞƐĨŽƌƚŚĞďĞƚƚĞƌŵĞŶƚŽĨŽƵƌĐŽŵŵƵŶŝƚLJ͘ dŚĂŶŬƐĨŽƌLJŽƵƌĐŽŶƐŝĚĞƌĂƚŝŽŶ͕ EŝĐŚŽůĂƐZŽƐƐ͕W͘ ͘ ŝƌĞĐƚŽƌŽĨdƌĂŶƐƉŽƌƚĂƚŝŽŶΘ ŶŐŝŶĞĞƌŝŶŐ ŝƚLJŽĨŽnjĞŵĂŶ 86 March 30, 2026 Kevin Dusko, State Highway Traffic Safety Supervisor Law Enforcement Liaison 2701 Prospect Ave. P.O. Box 201001 Helena, MT 59620-1001 Dear Kevin Dusko, I am writing to express my strong support for the City of Bozeman’s FFY2027 State Highway Traffic Safety grant application. As Chief of Police for the Montana State University Police Department, I can attest that the need for a dedicated, full-time traffic safety officer in our community is both critical and timely. Traffic enforcement is one of the most visible and effective tools we have to protect lives. Consistent, proactive enforcement reduces impaired and distracted driving, encourages compliance with speed limits, and creates safer conditions for motorists, cyclists, and pedestrians alike. On and around a university campus, where thousands of students, employees, and visitors move throughout the day, these efforts are especially impactful. Strong traffic enforcement directly supports a safe learning environment and enhances the overall sense of security for our campus community. The Bozeman Police Department has demonstrated a longstanding commitment to traffic safety through selective enforcement and sustained collaboration with our agency for over a decade. This partnership has been instrumental in addressing high-risk driving behaviors in areas that directly affect Montana State University, including major corridors and pedestrian-dense zones. A dedicated traffic safety officer will further strengthen these efforts, allowing for increased visibility, targeted enforcement, and data-driven approaches to reducing crashes and injuries. From a campus perspective, enhanced traffic enforcement has a measurable and positive impact. It improves pedestrian safety, reduces the likelihood of serious injury crashes, and supports the university’s broader mission by ensuring that students, employees, and visitors can move about campus and the city safely and confidently. It also reinforces public trust in law enforcement by demonstrating a proactive commitment to community well-being. I appreciate your attention and consideration of this important request. Continued investment in traffic safety is an investment in the health, safety, and future of our entire community. Sincerely, Michael Stanley Chief of Police Montana State University Police Department 87 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Procurement Coordinator Cola Rowley, Assistant City Manager Aaron Funk, Controller Melissa Hodnett, Finance Director SUBJECT:Ratify the City Manager's Approval for the Bureau of Justice Assistance (BJA) Public Safety and Mental Health Initiative Grant Application MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Grant RECOMMENDATION:Ratify the City Manager's Approval for the Bureau of Justice Assistance (BJA) Public Safety and Mental Health Initiative Grant Application STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The three major facets of a mental health crisis response system are someone to call, someone to respond, and somewhere to go. Our community has made significant progress toward the first two components through the 988 crisis line, the Help Center, and mobile crisis response services. A major goal remaining is to implement somewhere to go. Behavioral Health System for Future Generations funding was received to pay off the debt on the former Warming Center to be available for crisis receiving and/or stabilization services. The BJA grant would provide the financial resources necessary to operate the unit for 3 years while the State continues to work towards a sustainable funding model. This would provide a much sought-after drop-off location for law enforcement who encounter people in a mental health crisis as well as access to follow-up treatment and housing resources to help maintain stability. The grant requires an escalating match (20% years 1 and 2, 40% year 3). For years 1 and 2, the City's investments in transitional housing with the Human Resource Development Council IX (HRDC) and Family Promise are adequate. For year 3, additional match will be provided with in-kind services by HRDC. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:Total project cost is expected to be $4,166,666 in the General Fund. Total grant expenditures are expected to be $3,000,000 and total match 88 expenditures are expected to be $1,166,666. Attachments: Public Safety and Mental Health App combined.pdf Report compiled on: April 23, 2026 89 Project Title Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative: Crisis Stabilization, Treatment Services, Housing Integration, and System Coordination. Federal Estimated Funding (Federal Share) 3000000.0 Total Estimated Funding 4166666.0 No items Proposed Project Start Date 10/1/26 Applicant Estimated Funding (Non-Federal Share) 1166666.0 P 9 P 0 Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: —— Type of Applicant 3: Select Applicant Type: —— Other (specify): —— Application POC Prefix Name Ms. Application POC First Name Jamie Application POC Middle Name —— Ap Gra Application POC Suffix Name —— Organizational Affiliation Employee Title Procurement Coordinator Em jami Phone Number 406-582-2364 Fax Number —— Standard Applicant Information Project Information Areas Affected by Project (Cities, Counties, States, etc.) Type Of Applicant Application Submitter Contact Information 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…1/2390 ORINumber —— Is Application Subject to Review by State Under Executive Order 12372? c. Program is not covered by E.O. 12372. Is the Applicant Delinquent on Federal Debt? No Name Form SF424_4_0-V4.0.pdf Date Added 3/30/26 Name GrantApplication.xml Date Added 3/30/26 Authorized Representative Prefix Name —— First Name Melissa Middle Name —— Last Name Hodnett Suffix Name —— Title Finance Director Verify Legal Name, Doing Business As, and Legal Address Legal Name CITY OF BOZEMAN Doing Business As UEI EEAPKALAEM35 Street 1 121 N ROUSE AVE Street 2 City State Zip/ Executive Order and Delinquent Debt Information SF424 Attachments (2) Authorized Representative Information Legal Address 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…2/2391 BOZEMAN MT 5971 CongressionalDistrict 01 Country USA The legal name + Doing Business As (DBA) and legal address define a unique entity in the system as represented in its entity profile. The profile legal name and addre agent. 1. If this information is correct confirm/acknowledge to continue with completion of this application. I confirm this is the correct entity. Signer Name Jamie Grabinski Certification Date / Time 04/06/2026 05:58 PM 2. If the information displayed does not accurately represent the legal entity applying for federal assistance: a. Contact your Entity Administrator. b. Contact the System for Award Management (SAM.gov) to update the entity legal name/address. 3. If the above information is not the entity for which this application is being submitted, Withdraw/Delete this application. Please initiate a new application in Grants.go Certification Proposal Abstract The City of Bozeman, Montana proposes the Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative to address a critical g community-based crisis receiving and stabilization center, despite rising behavioral health demand and more than 3,400 annual law enforcemen place in Bozeman and will serve adults experiencing behavioral health crises, particularly individuals with serious mental illness, substance use with law enforcement, mobile crisis, or are exiting detention. The project will operationalize a 24/7, no-refusal crisis stabilization center with d alternative to emergency department transport, jail booking, and return to unsheltered settings. Activities include coordinated project planning; health and substance use treatment through community providers; provision of transitional housing for individuals exiting crisis or justice settin and community behavioral health systems. Project partners include the Bozeman Police Department, Gallatin County Sheriff’s Office, Bozema Connections Health Solutions, Bloom Consulting, and JG Research and Evaluation. Key deliverables include an operational crisis stabilization formalized cross-system agreements, and enhanced data sharing infrastructure. Expected outcomes include reduced burden on law enforcemen improved access to treatment and housing, reduced repeat system involvement, and strengthened coordination between justice and behavioral h Data Requested with Application Financial Management and System of Internal Controls Funding Priority Inventory 2 Funding Priority Inventory 3 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…3/2392 Name Bozeman BJA Narrative.pdf Category Proposal Narrative Created by Jamie Grabinski Dat 04/0 No documents have been uploaded for Indirect Cost Rate Agreement No documents have been uploaded for Consultant Rate Justification No documents have been uploaded for Employee Compensation Waiver No documents have been uploaded for Financial Management Questionnaire No documents have been uploaded for Disclosure of Process Related to Executive Compensation No documents have been uploaded for Additional Attachments Budget and Associated Documentation Budget Category Personnel Fringe Benefits Travel Equipment Supplies Construction Year 1 $0 $0 $0 $0 $0 $0 Year 2 $0 $0 $0 $0 $0 $0 Year 3 $0 $0 $0 $0 $0 $0 Total $0 $0 $0 $0 $0 $0 Proposal Narrative Budget and Associated Documentation Budget Summary Budget / Financial Attachments Indirect Cost Rate Agreement Consultant Rate Justification Employee Compensation Waiver Financial Management Questionnaire (Including applicant disclosure of high-risk status) Disclosure of Process Related to Executive Compensation Additional Attachments 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…4/2393 SubAwards Procurement Contracts Other Costs Total Direct Costs Indirect Costs Total Project Costs $1,200,000 $50,000 $0 $1,250,000 $0 $1,250,000 $1,230,000 $20,000 $0 $1,250,000 $0 $1,250,000 $1,646,666 $20,000 $0 $1,666,666 $0 $1,666,666 $4,076,666 $90,000 $0 $4,166,666 $0 $4,166,666 Federal Non-Federal $1,000,000 $250,000 $1,000,000 $250,000 $1,000,000 $666,666 $3,000,000 $1,166,666 Budget Totals Total Percentage Total Project Cost $4,166,666 Federal Funds $3,000,000 72.00% Non-Federal Amount $1,166,666 28.00% Match Amount $1,166,666 28.00% Program Income $0 0.00% Please note: After completing this budget detail summary, please confirm that the following final values entered in this section are identical to those entered in the corresponding estimated cost section of the Standard Applicant Information.Specifically, the following must be equivalent. If they are not, you will not be able to submit this application until they areupdated to be equivalent. Standard Applicant Information Equals Budget Summary Total Estimated Funding =Total Project Costs Federal Estimated Funding (federal share)=Federal Funds Applicant Estimated Funding (non-federal share)=Match Amount Program Income Estimated Funding =Program Income Amount DOES THIS BUDGET CONTAIN CONFERENCE COSTS WHICH IS DEFINED BROADLY TO INCLUDE MEETINGS, RETREATS, SEMINARS, SYMPOSIA, AND TRAINING ACTIVITIES? List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for e similar work within the applicant organization. In the narrative section, please provide a specific description of the responsibilities and duties for each position, and explain h outlined in your application. Personnel Instructions Year 1 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…5/2394 Fringe benefits should be based on the actual known costs or an approved negotiated rate by a Federal Agency. If not based on an approved negotiated rate, list the comp listed in Personnel budget category listed and only for the percentage of time devoted to the project. In the narrative section, please provide a specific description for each No items Personnel Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Additional Narrative No items Personnel Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Additional Narrative No items Personnel Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Additional Narrative Year 1 Personnel Detail Name Position Salary Rate Time Worked Percentage of Time (%)TotalCost Year 2 Year 2 Personnel Detail Name Position Salary Rate Time Worked Percentage of Time (%)Total Cost Year 3 Year 3 Personnel Detail Name Position Salary Rate Time Worked Percentage of Time (%) Total Cost Fringe Benefits Instructions 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…6/2395 Itemize travel expenses for staff personnel (e.g. staff to training, field interviews, advisory group meeting, etc.). Describe the purpose of each travel expenditure in refe people to 3-day training at $X airfare, $X lodging, $X subsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of tr unknown, indicate "location/dates to be determined." In the narrative section, please provide a specific description for each item, and explain how the item supports the No items Fringe Benefits Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Additional Narrative No items Fringe Benefits Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Additional Narrative No items Fringe Benefits Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Additional Narrative Year 1 Fringe Benefit Detail Name Base Rate (%)Total Cost Year 2 Fringe Benefit Detail Name Base Rate (%)Total Cost Year 3 Fringe Benefit Detail Name Base Rate (%)Total Cost Travel Instructions 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…7/2396 List non-expendable items that are to be purchased (Note: Organization’s own capitalization policy for classification of equipment should be used). Expendable items shoul No items Travel Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 No items Travel Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 No items Travel Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Year 1 Travel Detail Purpose of Travel Location Type of Expense Basis Cost Quantity # Of Staff # Of Trips Total Cost Non-Federal Contribution Federal Request Year 2 Travel Detail Purpose of Travel Location Type of Expense Basis Cost Quantity # Of Staff # Of Trips Total Cost Non-Federal Contribution Federal Request Year 3 Travel Detail Purpose of Travel Location Type of Expense Basis Cost Quantity # Of Staff # Of Trips Total Cost Non-Federal Contribution Federal Request Equipment Instructions 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…8/2397 cost benefits of purchasing versus leasing equipment, especially high cost items and those subject to rapid technological advances. Rented or leased equipment costs sho grants)/Procurement Contracts” category. In the budget narrative, explain how the equipment is necessary for the success In the budget narrative, explain how the equipme procurement method to be used. All requested information must be included in the budget detail worksheet and budget narrative. List items by type (office supplies, postage, training materials, copy paper, and expendable equipment items costing less than $10,000, such as books, hand held tape any materials that are expendable or consumed during the course of the project. All requested information must be included in the budget detail worksheet and budget No items Equipment Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 No items Equipment Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 No items Equipment Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Year 1 Equipment Detail EquipmentItem # ofItems Cost TotalCost Non-FederalContribution Federal Request Year 2 Equipment Detail Equipment Item # of Items Cost Total Cost Non-Federal Contribution FederalRequest Year 3 Equipment Detail EquipmentItem # ofItems Cost TotalCost Non-FederalContribution Federal Request Supply Items Instructions 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProces…9/2398 As a rule, construction costs are not allowable. In some cases, minor repairs or renovations may be allowable. Consult with the DOJ grant-making component before b specific description for each item, and explain how the item supports the project goals and objectives outlined in your application. No items Supplies Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 No items Supplies Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 No items Supplies Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 No items Year 1 Supply Item Detail Purpose of Supply Items # of Items Unit Cost Total Cost Non-Federal Contribution Federal Request Year 2 Supply Item Detail Purpose of Supply Items # of Items Unit Cost Total Cost Non-Federal Contribution FederalRequest Year 3 Supply Item Detail Purpose of Supply Items # of Items Unit Cost Total Cost Non-Federal Contribution FederalRequest Construction Instructions Year 1 Construction Detail Purpose of Construction Description of Work # of Items Cost Total Cost Non-Federal Contribution FederalRequest 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…10/2399 Subawards (see "Subaward" definition at 2 CFR 200.92) : Provide a description of the Federal Award activities proposed to be carried out by any subrecipient and an e prior to the application submission). For each subrecipient, enter the subrecipient entity name, if known. Please indicate any subaward information included under bud (subaward)" with each subaward category. Construction Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 No items Construction Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 No items Construction Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Crisis Facility Provider CrisisProvider United States Montana Bozeman $375,000.00 $0.00 $375,000.00 HRDC Housing United States Montana Bozeman $550,000.00 $250,000.00 $300,000.00 Rimrock Foundation Recovery and Behavioral Health Provider United States Montana Bozeman $275,000.00 $0.00 $275,000.00 Year 2 Construction Detail Purpose of Construction Description of Work # of Items Cost Total Cost Non-Federal Contribution Federal Request Year 3 Construction Detail Purpose of Construction Description of Work # of Items Cost Total Cost Non-Federal Contribution Federal Request Subawards Instructions Year 1 Subaward (Subgrant) Detail Description Purpose Consultant Country State/U.S.Territory City Total Cost Non-FederalContribution Federal Request 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…11/23100 Subawards Total Cost Total Non-Federal Amt (Match or Prog Inc) Total Federal Amount $1,200,000 $250,000 $950,000 Add Consultant Travel —— Additional Narrative Crisis Facility Provider Crisis Provider United States Montana Bozeman $745,000.00 $0.00 $745,000.00 HRDC Housing United States Montana Bozeman $335,000.00 $250,000.00 $85,000.00 Rimrock Foundation Recovery and Behavioral Health Provider United States Montana Bozeman $150,000.00 $0.00 $150,000.00 Subawards Total Cost $1,230,000 Total Non-Federal Amt (Match or Prog Inc) $250,000 Total Federal Amount $980,000 Add Consultant Travel —— Additional Narrative Rimrock, as the only safety net, nonprofit SUD provider in Bozeman, has been selected as a substance use/recovery provider to work alongside provide MAT, medications, urine drug screens, individual counseling, group counseling, day treatment, intensive outpatient, and aftercare for som behavioral health providers to provide additional support. This treatment funding will ensure clients can connect to needed services regardless o year 1. HRDC, as the only safety net housing provider in Bozeman, has been selectd as our housing provider for this project. We have budgeted crisis in year 1. We have budgeted $375,000 to contract with a community crisis provider to open a crisis stabilization center in year 1 of this pro receiving/drop-off center with dedicated law enforcement access and protocols, no-refusal policies, and capacity for rapid assessment, stabilizat the center operating for 6 months of the first project year. The budget includes costs to staff the center with a nurse and two medical technicians positions), plus other expenses (utilities, insurance, laundry, etc.) totaling $400,000/year, and minus anticipated revenues from private and public government funding totaling $686,211. The net annual costs are estimated to be $745,820. The $375,000 in year 1 represents approximately ha will be executed after the grant is awarded. Specific crisis facility provider(s) have not been selected at this time. Year 2 Subaward (Subgrant) Detail Description Purpose Consultant Country State/U.S. Territory City Total Cost Non-Federal Contribution Federal Request Rimrock, as the only safety net, nonprofit SUD provider in Bozeman, has been selected as a substance use/recovery provider to work alongside provide MAT, medications, urine drug screens, individual counseling, group counseling, day treatment, intensive outpatient, and aftercare for som behavioral health providers to provide additional support. This treatment funding will ensure clients can connect to needed services regardless o year 1. HRDC, as the only safety net housing provider in Bozeman, has been selectd as our housing provider for this project. We have budgeted crisis in year 1. We have budgeted $375,000 to contract with a community crisis provider to open a crisis stabilization center in year 1 of this pro receiving/drop-off center with dedicated law enforcement access and protocols, no-refusal policies, and capacity for rapid assessment, stabilizat the center operating for 6 months of the first project year. The budget includes costs to staff the center with a nurse and two medical technicians positions), plus other expenses (utilities, insurance, laundry, etc.) totaling $400,000/year, and minus anticipated revenues from private and public government funding totaling $686,211. The net annual costs are estimated to be $745,820. The $375,000 in year 1 represents approximately ha will be executed after the grant is awarded. Specific crisis facility provider(s) have not been selected at this time. Year 3 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…12/23101 Procurement contracts (see “Contract” definition at 2 CFR 200.1): Provide a description of the product or service to be procured by contract and an estimate of the cos Federal Acquisition Regulation is followed. Applicants are encouraged to promote free and open competition in awarding procurement contracts. A separate justificatio Simplified Acquisition Threshold set in accordance with 41 U.S.C. 1908 (currently set at $250,000). Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8-hour day), and estimated time on the project. Written prio excess of the DOJ grant-making component's threshold for an 8-hour day. In the narrative section, please provide a specific description for each item, and explain how the item supports the project goals and objectives outlined in your applicat Crisis Facility Provider CrisisProvider United States Montana Bozeman $745,000.00 $0.00 $745,000.00 HRDC Housing United States Montana Bozeman $751,666.00 $666,666.00 $85,000.00 Rimrock Foundation Recovery and Behavioral Health Provider United States Montana Bozeman $150,000.00 $0.00 $150,000.00 Subawards Total Cost $1,646,666 Total Non-Federal Amt (Match or Prog Inc) $666,666 Total Federal Amount $980,000 Add Consultant Travel —— Additional Narrative JG Research and E l ti Data Collection and Evaluation Yes United States Montana Bozeman $15,469.00 $15,469.00 Subaward (Subgrant) Detail Description Purpose Consultant Country State/U.S.Territory City Total Cost Non-FederalContribution Federal Request Rimrock, as the only safety net, nonprofit SUD provider in Bozeman, has been selected as a substance use/recovery provider to work alongside provide MAT, medications, urine drug screens, individual counseling, group counseling, day treatment, intensive outpatient, and aftercare for som behavioral health providers to provide additional support. This treatment funding will ensure clients can connect to needed services regardless o year 1. HRDC, as the only safety net housing provider in Bozeman, has been selectd as our housing provider for this project. We have budgeted crisis in year 1. We have budgeted $375,000 to contract with a community crisis provider to open a crisis stabilization center in year 1 of this pro receiving/drop-off center with dedicated law enforcement access and protocols, no-refusal policies, and capacity for rapid assessment, stabilizat the center operating for 6 months of the first project year. The budget includes costs to staff the center with a nurse and two medical technicians positions), plus other expenses (utilities, insurance, laundry, etc.) totaling $400,000/year, and minus anticipated revenues from private and public government funding totaling $686,211. The net annual costs are estimated to be $745,820. The $375,000 in year 1 represents approximately ha will be executed after the grant is awarded. Specific crisis facility provider(s) have not been selected at this time. Procurement contracts (see “Contract” definition at 2 CFR 200.22): Provide a description of the product or service to be procured by co applicant’s formal, written Procurement Policy or the Federal Acquisition Regulation is followed. Applicants are encouraged to promote contracts. A separate justification must be provided for sole source procurements in excess of the Simplified Acquisition Threshold set for prior approval. Please provide a specific description for each item, and explain how the item supports the project goals and objectiv consultant enter the name, if known, service to be provided, hourly or daily fee (8-hour day), and estimated time on the project. Unless o rates will be based on the salary a consultant receives from his or her primary employer. Consultant fees in excess of $650 per day requ in writing by the COPS Office if the consultant is hired via a noncompetitive bidding process. Please provide a specific description for e and objectives outlined in your application. Please visit https://cops.usdoj.gov/grants for a list of allowable and unallowable costs for th Instructions Year 1 Procurement Contract Detail Description Purpose Consultant Country State/U.S. Territory City Total Cost Non-Federal Contribution FederalRequest 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…13/23102 Evaluation and EvaluationSupport Yes United States Montana Bozeman $15,469.00 $15,469.00 Bloom Consulting Project Management Yes United States Montana Bozeman $34,531.00 $34,531.00 Procurement Cost $50,000 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $50,000 No items Consultant Travel Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Procurement Total Cost $50,000 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $50,000 Additional Narrative JG Research and Evaluation Data Collection and Evaluation Support Yes United States Montana Bozeman $5,050.00 $5,050.00 Bloom Consulting Project Management Yes United States Montana Bozeman $14,950.00 $14,950.00 Procurement Cost $20,000 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $20,000 No items Consultant Travel Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Procurement Total Cost $20,000 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $20,000 Consultant Travel Detail Purpose of Travel Location Type of Expense Cost Duration or Distance # of Staff Total Cost Non-Federal Contribution Federal Request Bloom Consulting has been selected to provide facilitation and project management support for this project. Bloom staff will develop the action p project annual and final reports. A total of 425 hours x $81.25/hour (Total = $34,531) is anticipated for year 1. JG Research & Evaluation has bee support for this project. JG's staff will integrate project performance measures into broader behavioral health coalition data reporting processes a A total of 190 hours x 81.25/hour (Total = $15,469) is anticipated for year 1. Year 2 Procurement Contract Detail Description Purpose Consultant Country State/U.S. Territory City Total Cost Non-Federal Contribution Federal Request Consultant Travel Detail Purpose ofTravel Location Type ofExpense Cost Duration or Distance # ofStaff TotalCost Non-FederalContribution Federal Request 4/6/26, 4:12 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…14/23103 List items (e.g., rent, reproduction, telephone, janitorial or security services, and investigative or confidential funds) by type and the basis of the computation. For exam provide a monthly rental cost and how many months to rent. All requested information must be included in the budget detail worksheet and budget narrative. Additional Narrative JG Research and Evaluation Data Collection and Evaluation Support Yes United States Montana Bozeman $5,050.00 $5,050.00 Bloom Consulting Project Management Yes United States Montana Bozeman $14,950.00 $14,950.00 Procurement Cost $20,000 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $20,000 No items Consultant Travel Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Procurement Total Cost $20,000 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $20,000 Additional Narrative Bloom Consulting has been selected to provide facilitation and project management support for this project. Bloom staff will develop the action p project annual and final reports. A total of 425 hours x $81.25/hour (Total = $34,531) is anticipated for year 1. JG Research & Evaluation has bee support for this project. JG's staff will integrate project performance measures into broader behavioral health coalition data reporting processes a A total of 190 hours x 81.25/hour (Total = $15,469) is anticipated for year 1. Year 3 Procurement Contract Detail Description Purpose Consultant Country State/U.S. Territory City Total Cost Non-Federal Contribution Federal Request Consultant Travel Detail Purpose of Travel Location Type of Expense Cost Duration or Distance # of Staff Total Cost Non-Federal Contribution Federal Request Bloom Consulting has been selected to provide facilitation and project management support for this project. Bloom staff will develop the action p project annual and final reports. A total of 425 hours x $81.25/hour (Total = $34,531) is anticipated for year 1. JG Research & Evaluation has bee support for this project. JG's staff will integrate project performance measures into broader behavioral health coalition data reporting processes a A total of 190 hours x 81.25/hour (Total = $15,469) is anticipated for year 1. Other Direct Costs Instructions Year 1 4/6/26, 4:13 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…15/23104 Indirect costs are allowed only if: a) the applicant has a current, federally approved indirect cost rate; or b) the applicant is eligible to use and elects to use the “de mini D.1.b. in Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposals for a description of entities that may not elect to use the “de rate must attach a copy of the rate approval, (a fully-executed, negotiated agreement). If the applicant does not have an approved rate, one can be requested by conta documentation and approve a rate for the applicant organization, or if the applicant’s accounting system permits, costs may be allocated in the direct costs categories. VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposals regarding submission and documentation of indirect cost proposals.) All reque budget narrative. In order to use the “de minimis” indirect rate an applicant would need to attach written documentation to the application that advises DOJ of both the applicant elects the de minimis method, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged consistently for all federal awards until such time as the applicant entity chooses to negotiate a federally approved indirect cost rate. No items Other Costs Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 No items Other Costs Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 No items Other Costs Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Other Cost Detail Description Quantity Basis Costs Lengthof Time Total Costs Non-Federal Contribution FederalRequest Year 2 Other Cost Detail Description Quantity Basis Costs Length ofTime Total Costs Non-FederalContribution Federal Request Year 3 Other Cost Detail Description Quantity Basis Costs Length ofTime Total Costs Non-FederalContribution Federal Request Indirect Costs Instructions Year 1 Indirect Cost Detail Description Base Indirect CostRate Total Cost Non-FederalContribution Federal Request 4/6/26, 4:13 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…16/23105 Upload The recommended files to upload are PDF, Microsoft Word and Excel. No items Indirect Costs Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Additional Narrative No items Indirect Costs Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Additional Narrative No items Indirect Costs Total Cost $0 Total Non-Federal Amt (Match or Prog Inc) $0 Total Federal Amount $0 Additional Narrative Year 2 Indirect Cost Detail Description Base Indirect Cost Rate Total Cost Non-Federal Contribution Federal Request Year 3 Indirect Cost Detail Description Base Indirect CostRate Total Cost Non-FederalContribution Federal Request Memoranda of Understanding (MOUs) and Other Supportive Documents Memoranda of Understanding (MOUs) and Other Supportive Documents 4/6/26, 4:13 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…17/23106 Name Bozeman BJA - LOIs.pdf Category Memoranda of Understanding (MOUs) and Other Supportive Documents Created by Jamie Grabinski Dat 04/0 The applicant is not required to submit a lobbying disclosure under 31 U.S.C. 1352 for this application. No documents have been uploaded for Disclosure of Lobbying Activities No documents have been uploaded for Tribal Authorizing Resolution Name Bozeman BJA - LOSs.pdf Category Letters of Support Created by Jamie Grabinski Date 04/06 No documents have been uploaded for Documentation of Anticipated Benefit to Qualified Opportunity Zones (if applicable) Name Bozeman BJA Subrecipient and Contract Disclosure.pdf Category Subrecipient and Contract Disclosure: Created by Jamie Grabinski Date 04/06 Name Mental_Health_Authority_Letter.dotx.pdf Category Documentation to Provide Services (if applicable): Created by Jamie Grabinski Date 04/06 Name Appendix_I_Certification_of_CEO_Sr._Official.p Category Appendix 1: Certification by the Chief Executive Officer (or senior official) of the Applicant Government Created by Jamie Grabinski Date 04/06 Additional Application Components Tribal Authorizing Resolution Letters of Support Documentation of Anticipated Benefit to Qualified Opportunity Zones (if applicable) Additional Attachments Disclosures and Assurances No Lobbying Activities 4/6/26, 4:13 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…18/23107 No. [Applicant Name on SF-424] does not have (and is not proposed as a subrecipient under) any pending applications submitted within the last 12 months for fed federal grants or cooperative agreements) that request funding to support the same project being proposed in this application to OJP and that would cover any ide Disclosure of Duplication in Cost Items DOJ Certified Standard Assurances U.S. DEPARTMENT OF JUSTICE CERTIFIED STANDARD ASSURANCES On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S. Department of Justice ("Departm (1) I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as mate based on its application. (2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financ federal share of project costs) to plan, manage, and complete the project described in the application properly. (3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application-- a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in conflict of interest. (4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically in nondiscrimination, and, in addition-- a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Saf Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); an Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an aw c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204. (5) The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and no any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects prote (6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary) with the Department's com 1966 (54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 196 (floodplains and wetlands). (7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to made by the Department based on the application. (8) If this application is for an award from the National Institute of Justice or the Bureau of Justice Statistics pursuant to which award funds may be made available (whe institution of higher education (as defined at 34 U.S.C. § 10251(a)(17)), I assure that, if any award funds actually are made available to such an institution, the Applican a. each such institution comply with any requirements that are imposed on it by the First Amendment to the Constitution of the United States; and b. subject to par. a, each such institution comply with its own representations, if any, concerning academic freedom, freedom of inquiry and debate, research indep promotional materials, in official statements, in formal policies, in applications for grants (including this award application), for accreditation, or for licensing, or in that otherwise are made or disseminated to students, to faculty, or to the general public. (9) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application-- 4/6/26, 4:13 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…19/23108 Please Acknowledge Signed SignerID jamie.grabinski@bozemanmt.gov Signing Date / Time 4/6/26 5:10 PM a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655), which govern th assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of State or local government employees whose p or in part by federal assistance. (10) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required by 34 U.S.C. § applicable law--including, but not limited to, the Indian Self- Determination and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382(c)(11). (11) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552(a)(3), that it will m and financial) as DOJ may reasonably require. I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it sup U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false cla 3812). I also acknowledge that the Department's awards, including certifications provided in connection with such awards, are subject to review by the Department, inc DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements U.S. DEPARTMENT OF JUSTICE CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQ Applicants should refer to the regulations and other requirements cited below to determine the certification to which they a the instructions for certification included in the regulations or other cited requirements before completing this form. The representation of fact upon which reliance will be placed when the U.S. Department of Justice (“Department”) determines to a agreement. 1. LOBBYING As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant certifies and assures (to the extent appl (a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person for infl employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress the entering into of any cooperative agreement,or the extension,continuation,renewal,amendment,or modification of any Fe 4/6/26, 4:13 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…20/23109 the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Fe (b)If the Applicant’s request for Federal funds is in excess of $100,000, and any funds other than Federal appropriated f influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee in connection with this Federal grant or cooperative agreement, the Applicant shall complete and submit Standard Form - LLL, with its (and any DOJ awarding agency’s) instructions; and (c) The Applicant shall require that the language of this certification be included in the award documents for all subgra subcontracts) funded with Federal award funds and shall ensure that any certifications or lobbying disclosures required o contracts (or their subcontractors) are made and filed in accordance with 31 U.S.C. § 1352. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented at 2 C.F.R. Part 2867, and to ot with respect to prospective participants in a primary tier “covered transaction,” as defined at 2 C.F.R. § 2867.20(a), that n (a) is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal b excluded from covered transactions by any Federal department or agency; (b) has within a three-year period preceding this application been convicted of a felony criminal violation under any Fe rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtai local) transaction or private agreement or transaction; violation of Federal or State antitrust statutes or commission of emb or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or ob indicating a lack of business integrity or business honesty that seriously and directly affects its (or its principals’) (c) is presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, tribal enumerated in paragraph (b) of this certification; and/or (d) has within a three-year period preceding this application had one or more public transactions (Federal, State, tribal B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation t its principals was convicted, within a three-year period preceding this application, of a felony criminal violation under an such felony criminal conviction in writing to the Department (for OJP Applicants, to OJP at Ojpcompliancereporting@usdoj.gov or for COPS Applicants, to COPS at AskCOPSRC@usdoj.gov), unless such disclosure has already been made. 3. FEDERAL TAXES A. If the Applicant is a corporation, it certifies either that (1) the corporation has no unpaid Federal tax liability that h administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreemen tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to the Dep Ojpcompliancereporting@usdoj.gov; for OVW Applicants, to OVW at OVW.GFMD@usdoj.gov; or for COPS Applicants, to COPS at AskCOP B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to 4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as defined A. The Applicant certifies and assures that it will, or will continue to, provide a drug-free workplace by-- (a)Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace; (2) The Applicant’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the state (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the award, (1) Abide by the terms of the statement; and (2) Notify the employer in writing of the employee’s conviction for a violation of a criminal drug statute occurring in such conviction; 4/6/26, 4:13 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…21/23110 Please Acknowledge Certified SignerID jamie.grabinski@bozemanmt.gov Signing Date / Time 4/6/26 5:10 PM Other Disclosures and Assurances No documents have been uploaded for Application Disclosure and Justification - DOJ High Risk Grantees (e) Notifying the Department, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from a such conviction. Employers of convicted employees must provide notice, including position title of any such convicted emp For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530; For OJP and OVW award recipients - U.S. Department of Justice, Office of Justice Programs, ATTN: Control Desk, 999 Nort Notice shall include the identification number(s) of each affected award; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with resp (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved health, law enforcement, or other appropriate agency; and (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b 5. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382(c)(5), if this applica that there has been appropriate coordination with all agencies that may be affected by its award. Affected agencies may inc Attorneys; State, local, or tribal prosecutors; or correctional agencies. I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) i supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 102 to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 380 awards, including certifications provided in connection with such awards, are subject to review by the Department, including Applicant Disclosure and Justification - DOJ High Risk Grantees 4/6/26, 4:13 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…22/23111 No documents have been uploaded for Other Disclosures and Assurances Please Acknowledge Signed SignerID jamie.grabinski@bozemanmt.gov Signing Date / Time 4/6/26 5:11 PM No documents have been uploaded for Other Certified Declaration and Certification to the U.S. Department of Justice as to this Application Submission By [taking this action], I -- 1. Declare the following to the U.S. Department of Justice (DOJ), under penalty of perjury: (1) I have authority to make this declaration and certification on beh (including by the applicant’s legal counsel as appropriate, and made available to me) a diligent review of all requirements pertinent to and all matters encom 2. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the d and all supporting materials submitted in connection therewith (including anything submitted in support of this application by any person on behalf of the ap materials that accompany this declaration and certification); (2) The information in this application and in all supporting materials is accurate, true, and com authority to submit this application on behalf of the applicant. 3. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) I understand that, in taking (or not taking) any action pursu declaration and certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in th material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), a administrative remedies under the federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or otherwise. Other 4/6/26, 4:13 PM Grant Package https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD1?pyActivity=%40baseclass.pzProce…23/23112 Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative Proposal Abstract The City of Bozeman, Montana proposes the Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative to address a critical gap in the city’s crisis response system: the absence of a community-based crisis receiving and stabilization center, despite rising behavioral health demand and more than 3,400 annual law enforcement contacts involving individuals in crisis. The project will take place in Bozeman and will serve adults experiencing behavioral health crises, particularly individuals with serious mental illness, substance use disorders, or co-occurring conditions who come into contact with law enforcement, mobile crisis, or are exiting detention. The project will operationalize a 24/7, no-refusal crisis stabilization center with dedicated law enforcement drop-off capacity, providing an alternative to emergency department transport, jail booking, and return to unsheltered settings. Activities include coordinated project planning; delivery of crisis stabilization services; connection to mental health and substance use treatment through community providers; provision of transitional housing for individuals exiting crisis or justice settings; and enhancement of data sharing across crisis, corrections, and community behavioral health systems. Project partners include the Bozeman Police Department, Gallatin County Sheriff’s Office, Bozeman Health, Rimrock, One Health, Help Center, HRDC, Connections Health Solutions, Bloom Consulting, and JG Research and Evaluation. Key deliverables include an operational crisis stabilization center, coordinated referral systems for treatment and housing, formalized cross-system agreements, and enhanced data sharing infrastructure. Expected outcomes include reduced burden on law enforcement and emergency departments, increased diversion from jail, improved access to treatment and housing, reduced repeat system involvement, and strengthened coordination between justice and behavioral health systems. 113 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 1 Project Narrative: City of Bozeman, Montana application to O-BJA-2025-172486 - Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative Section 1: Description of the Need The City of Bozeman, Montana faces a critical gap in its behavioral health crisis infrastructure: the absence of a community-based crisis receiving and stabilization center. No crisis facility has operated since 2020, leaving law enforcement, mobile crisis teams, and the emergency department (ED) to manage individuals in crisis without a safe, appropriate place for stabilization. The Gallatin Behavioral Health Coalition (GBHC) has identified this as the most significant structural gap in the local behavioral health continuum. Bozeman has experienced rapid population growth, increasing more than 35% between 2015 and 2025, from 43,400 to 58,700 residents. This growth has coincided with rising behavioral health needs, homelessness, and justice system involvement among individuals with untreated mental illness and substance use disorders. Between 2023 and 2025, point-in-time counts of unhoused individuals increased 145% (213 to 523), shelter utilization rose 14%, and families utilizing transitional housing increased 175% (Human Resources Development Council (HRDC) 2025). Demand is increasing across every part of the crisis system. Mobile crisis encounters rose 65% (1,429 to 2,358 annually), crisis line calls increased 16% (3,102 to 3,599), and mental health- specific calls increased 160% (993 to 2,580). Law enforcement responded to 3,420 behavioral health-related incidents in 2025, approximately 9-10 calls per day, reflecting the ongoing burden placed on officers responding to fundamentally medical situations. (GBHC, 2025) Montana continues to rank among the highest states nationally for suicide. Gallatin County recorded 22 suicide deaths in 2025, an estimated rate of 17.6 per 100,000 residents, compared to 114 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 2 13.7 nationally. While city-level rates are not reported, Bozeman is the primary population and service center and experiences these impacts directly. Mobile crisis services have improved field response, but without a stabilization center, individuals are still routed to the ED, jail, or unsafe settings. Bozeman Health’s inpatient psychiatric unit operates near capacity, and individuals are often discharged back into conditions that lead to repeat crisis, law enforcement contact, and ED use. This project reflects implementation readiness. Gallatin County in partnership with the GBHC has secured a facility site and capital funding for a crisis receiving and stabilization center, and partners have spent more than six years building a coordinated crisis, behavioral health, housing, and justice system. This application operationalizes the final system component of a community- based stabilization center. Section 2: Project Goals and Objectives This project is organized around three goals that correspond directly to the three goals of the NOFO. Under each goal, objectives define the specific outcomes the City of Bozeman and partners will achieve through the activities described in Section 3. These goals and objectives align with the NOFO and will collectively enhance a coordinated continuum of services across crisis stabilization, treatment services, housing access, and technology/data sharing to reduce justice involvement of people with behavioral health needs and improve public safety. Goal 1: Establish or enhance cross-system collaboration to address untreated mental illness and substance use disorders that contribute to public disorder and homelessness. Objective 1.1: Develop or enhance a crisis stabilization center with dedicated law enforcement drop-off capacity and civil commitment evaluation capabilities. 115 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 3 Objective 1.2: Increase access to mental health and substance use treatment with crisis intervention services and appropriate institutional care options for those who are a risk to themselves or others, who demonstrate a grave disability and who are unable to care for themselves. Objective 1.3: Increase access to transitional housing for individuals exiting crisis stabilization or justice settings to prevent homelessness. Provide ongoing crisis support and require treatment compliance as part of this transitional housing program. Goal 2: Reduce burden on law enforcement and jails through improved crisis response systems and appropriate civil commitment pathways. Objective 2.1: Implement no-refusal and streamlined intake processes for law enforcement referrals with protocols to identify candidates who would benefit from civil commitment/Assisted Outpatient Treatment (AOT). Objective 2.2: Develop agreements and protocols to ensure consistent processes for crisis response and reentry transition ensuring enforcement of public order laws and connection to institutional treatment. Objective 2.3: Train law enforcement officers, court personnel, and mental health providers on civil commitment and AOT laws, criteria, referral processes, and available resources to increase utilization. Goal 3: Modernize electronic health record systems and related technology to improve data collection, data sharing, coordination, and accountability between justice and behavioral health systems. 116 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 4 Objective 3.1: Enhance technology and data sharing in crisis, behavioral health, and correctional settings to improve care during crisis, incarceration, pre-release service planning, treatment continuity through reentry, and other transitions with appropriate data sharing between justice and behavioral health systems. Section 3: Project Design and Implementation The project is organized around the four core funding areas of the NOFO in addition to an initial planning phase. Each subsection describes the specific activities to be conducted, the partners and staff responsible, the target population, and the deliverables to be produced. A detailed activity implementation timeline by quarter is provided as a separate attachment. Project Planning and Evaluation: October 1, 2026 - March 31, 2027 (initial planning); October 1, 2026 - September 30, 2029 (evaluation) Upon award, the City of Bozeman will convene project partners to finalize provider selection for the crisis stabilization center and develop a detailed, cross-system action plan. This effort will build on six years of coordinated planning through the GBHC, which has advanced integrated crisis, behavioral health, housing, and justice systems. Bloom Consulting will facilitate the planning and implementation process, supporting coordination among law enforcement, behavioral health providers, crisis services, and housing partners. Project partners will establish formal agreements, protocols, and referral pathways, including law enforcement drop-off, civil commitment processes, and continuity of care. JGRE will lead performance measurement and evaluation, integrating required BJA metrics into existing GBHC data systems. Evaluation activities will include ongoing performance monitoring, quarterly reporting, and analysis of outcomes related to system utilization, public safety impact, and service access. The County attorney, Help Center, and Crisis Intervention Team and AOT 117 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 5 leadership will train law enforcement officers, court personnel, behavioral health providers, and other stakeholders on AOT, civil commitment, crisis pathways, and community resources. Deliverables: Cross-system action plan aligned with NOFO goals; executed memorandums of agreement or understanding defining roles, protocols, and coordination pathways; sustainability and replicability plan; final report analyzing program outcomes and system impact. Core Area 1: Crisis Stabilization Center: April 1, 2027 - September 20, 2029 (and ongoing) The City of Bozeman and project partners will operationalize a 24/7 crisis stabilization center at a site that has been identified and funded for capital development. The center will function as a no-refusal facility with dedicated law enforcement drop-off capacity, providing a direct alternative to emergency department utilization, jail booking, and unsheltered release. A crisis stabilization provider will be selected during the project planning phase through a collaborative process with GBHC partners and, if needed, a formal procurement process. The City will determine whether a single operator or a coordinated provider model best supports service delivery. Potential partners include regional crisis, behavioral health, and housing providers. Provider selection will also consider alignment with statewide Certified Community Behavioral Health Clinic (CCBHC) planning to support long-term sustainability. Core services include rapid assessment, stabilization, civil commitment evaluation, extended observation, and care coordination to treatment and housing using evidence-based practices. Law enforcement drop-off protocols will be developed in partnership with the Bozeman Police Department and Gallatin County Sheriff’s Office to ensure streamlined intake and rapid return to patrol. The center will maintain a no-refusal policy and accept referrals from law enforcement, mobile crisis teams, EMS, and self-presenting individuals. Protocols for transfer of high-acuity individuals requiring emergency medical, inpatient, or emergency detention care will be 118 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 6 formalized with Bozeman Health. The center will function as the primary access point for diversion from law enforcement and emergency systems, connecting individuals to treatment, housing, or civil commitment/AOT pathways. Staffing: Staffing will be finalized following provider selection. Based on current planning, the center is anticipated to always operate with 24/7 coverage with a minimum of 3 staff on site, including clinical and paraprofessional staff (e.g., nurse, peers, case managers), supported by program management and on-site collaboration with mobile crisis teams and partner providers. Target population: Adults experiencing behavioral health crisis, including individuals with serious mental illness, substance use disorders, or co-occurring conditions, particularly those encountering law enforcement or at risk of justice system involvement. ~ 100 individuals/year. Deliverable: Operational 24/7 crisis stabilization center. Core Area 2: Treatment Services: April 1, 2027 - September 20, 2029 (and ongoing) The project will expand access to comprehensive mental health and substance use treatment for individuals served through the crisis center, ensuring continuity of care beyond initial stabilization. Services will be delivered through a coordinated network of community providers. Rimrock, the region’s primary nonprofit substance use disorder provider, will serve as a core treatment partner, providing medication-assisted treatment (MAT), overdose prevention, recovery support, and medication bridging services. Additional partners, including One Health (federally qualified health center), the Help Center, Connections Health Solutions (mobile crisis and AOT services), and Bozeman Health, will provide mental health and wrap-around care. Individuals will be connected to existing providers when available to ensure continuity of care. 119 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 7 For justice-involved individuals, coordination with Gallatin County’s Fresh Start reentry program will support transition from detention to community-based treatment and services. Treatment services will be closely integrated with crisis stabilization operations, with warm handoffs, shared care coordination, and referral protocols to ensure timely access to care. Discharge planning will include assessment of behavioral health and housing needs, with direct linkage to transitional housing (Core Area 3) for individuals at risk of homelessness. All treatment approaches will prioritize reducing system cycling and improving housing stability. Staffing: Treatment services will be delivered by partner providers in accordance with licensure, accreditation, and payer requirements. Target population: Individuals served through the crisis stabilization center who require ongoing mental health or substance use treatment, including those referred by law enforcement, mobile crisis teams, or reentering the community from detention. ~ 75-100 individuals/year. Deliverable: Treatment services for individuals using crisis stabilization services. Core Area 3: Housing Access: April 1, 2027 - September 20, 2029 (and ongoing) The project will expand access to transitional housing for individuals exiting crisis stabilization or justice- involved settings who would otherwise experience homelessness. Housing services will be delivered by HRDC, the region’s primary provider of shelter, housing support, and wraparound services. HRDC serves individuals through emergency shelter, housing navigation, food access, transportation, and other supportive services, and is already a key partner serving individuals frequently encountered in crisis systems. This project will strengthen coordination between crisis 120 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 8 response and housing services, ensuring individuals have a clear pathway from stabilization to safe, stable housing. Transitional housing placements will be prioritized for individuals leaving the crisis stabilization center or detention who lack stable housing. Participation in housing will require engagement in behavioral health or substance use treatment. Housing services will be fully integrated with crisis stabilization and treatment components of the project, with referral protocols and warm handoffs to ensure timely placement. This approach is designed to reduce returns to homelessness, interrupt cycles of crisis and justice system involvement, and improve long-term stability. Staffing: Housing services will be delivered by HRDC case management and housing staff, consistent with program requirements and existing service models. Target population: Individuals exiting crisis stabilization or detention who lack stable housing. ~ 75–100 individuals annually. Deliverables: Treatment compliance agreements; housing access services for individuals using crisis stabilization services. Core Area 4: Data Infrastructure and Technology: April 1, 2027 - September 30, 2029 (and ongoing) The project will strengthen continuity of care across crisis response, detention, and reentry by improving data sharing and coordination between behavioral health and justice systems. Rather than developing new standalone systems, the project will leverage and align with Montana’s Rural Health Transformation Program (RHTP) investments in data infrastructure to ensure sustainability and maximize public resources. In 2023, GBHC partners established a cross-system (justice, behavioral health, crisis, housing, and education) data sharing MOA; however, data exchange remains largely manual. This project 121 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 9 will operationalize that framework by implementing standardized data sharing protocols and advancing interoperability between existing EHR, crisis response, and justice system platforms. These improvements will support coordinated care transitions – ensuring individuals can be tracked and supported from crisis stabilization through treatment and transition from unhoused to housed – reducing gaps in care and repeat system involvement. All data sharing will comply with applicable privacy, security, and consent requirements. Bloom Consulting and JG Research and Evaluation (JGRE) will support implementation of data infrastructure activities, ensuring alignment with RHTP. Bloom Consulting will facilitate cross- system coordination among partners, including updating and operationalizing data sharing agreements to reflect evolving technology and workflow needs. JGRE will support data integration and data sharing processes across partner systems, strengthening interoperability and enabling coordinated care transitions across crisis, treatment, detention, and reentry. Together, they will ensure local efforts align with statewide infrastructure, reduce duplication, and support consistent, coordinated information sharing across systems. Deliverables: Updated data sharing MOA and implementation protocols; interoperability enhancements aligned with RHTP investments; data governance and privacy compliance documentation. Priority Considerations This project directly addresses crime and community concerns by strengthening the behavioral health response to individuals whose untreated mental illness and substance use disorders contribute to public disorder, homelessness, and repeated justice system involvement. 122 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 10 The crisis stabilization center provides a coordinated, clinically appropriate response for individuals who would otherwise cycle through law enforcement contact, emergency departments, or unsheltered settings. By establishing a 24/7, no-refusal receiving facility with law enforcement drop-off capacity, the project creates a clear pathway from enforcement contact to assessment, stabilization, and treatment. The project expands access to mental health and substance use services by integrating crisis stabilization with treatment providers, housing resources, and reentry supports. Individuals will receive rapid assessment, connection to ongoing care, and linkage to transitional housing when needed, reducing system cycling and improving stability. Justice and public health partners are fully integrated into project design and implementation. Law enforcement agencies, behavioral health providers, healthcare systems, housing organizations, and reentry programs will operate through coordinated protocols and shared care pathways, ensuring continuity of care across crisis response, detention (when applicable), and community reintegration. Together, these activities create a system that addresses underlying behavioral health needs while improving public safety outcomes, reducing repeat law enforcement contact, and strengthening community stability. Section 4: Capabilities and Competencies The City of Bozeman will serve as lead applicant and fiscal agent and has the governmental authority, procurement capacity, and financial infrastructure to manage a multi-year, multi- partner federal award. The City will oversee subrecipient agreements, procurement of service providers, and all federal compliance and reporting requirements. 123 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 11 The City’s Finance Department manages 33 state and federal grants, including three current BJA awards, and follows the guidance of 2 CFR 200 requirements for financial management and subrecipient monitoring. The City maintains a financial management system that enables detailed tracking of expenditures by funding source and activity, supports required documentation, and ensures compliance with federal cost principles. Jamie Grabinski, Grants and Procurement Coordinator, will serve as the Fiscal Administrator, overseeing financial management of contractual agreements, grant awards, and sub-awards. She will be responsible for the financial reporting associated with this grant. Cola Rowley, Deputy City Administrator, is the lead administrator for this grant, and will work closely with Jamie to ensure grant requirements are met. Both Jamie and Cola have more than 15 years of experience managing large federal grants for local government agencies. The City is a steering committee member of the GBHC, a 28-member cross-sector partnership with formal governance, standing committees, and a shared strategic plan guiding system development and implementation. Partnerships between law enforcement, courts, behavioral health providers, healthcare systems, and housing organizations are already operational, enabling coordinated responses to individuals experiencing behavioral health crises. The City’s implementation capacity is strengthened by experienced partners. Bloom Consulting, led by Kirsten Smith, provides project coordination; Kirsten has over 20 years of experience in systems change and has served as GBHC Coordinator for more than five years. JGRE supports cross-system data infrastructure and reporting. HRDC, a 50+ year community action agency, provides housing and stabilization services, and Rimrock, Montana’s largest nonprofit substance use disorder provider, delivers detoxification, MAT, and recovery services. Together, these 124 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 12 partners provide the administrative, clinical, housing, and coordination capacity required to implement the project. The City and its partners have established strong capacity for data collection, reporting, and continuous quality improvement. Through the GBHC, partners already participate in coordinated data sharing and monthly reporting across crisis, behavioral health, housing, and justice systems. This project directly advances BJA priority considerations related to public safety and law enforcement. The crisis stabilization center provides officers with an alternative to arrest and emergency department transport when encountering individuals in behavioral health crisis. Combined with existing mobile crisis services, the project creates a coordinated system that supports law enforcement response and community safety. This project advances BJA priority considerations by demonstrating strong cross-system structure, operational readiness, and collaboration to support proactive law enforcement responses and address public disorder and vagrancy. The City of Bozeman and its partners have established an integrated crisis response system that includes mobile crisis services, coordinated dispatch with law enforcement, and established partnerships across behavioral health, healthcare, housing, and justice systems. This infrastructure enables law enforcement to respond to behavioral health-related calls with clinical support from partners and clear diversion pathways. The crisis stabilization center builds on this foundation by providing officers with a reliable, clinically appropriate alternative to arrest or emergency department transport. Coordinated protocols – including law enforcement drop-off, civil commitment and AOT pathways, and reentry linkages – ensure that enforcement actions are paired with immediate access to care and follow-up services. 125 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 13 The Bozeman Police Department actively enforces laws related to illicit drug use, urban camping, loitering, and related public order offenses. The Gallatin County Detention Center maintains a 287(g) agreement with U.S. Immigration and Customs Enforcement (ICE), and the City and County comply with 8 U.S.C. § 1373. These enforcement structures, combined with integrated behavioral health and housing partnerships, position the community to address vagrancy and public disorder through coordinated enforcement and service delivery. This combination of established partnerships, operational infrastructure, and aligned enforcement and treatment strategies strengthens the community’s ability to support proactive law enforcement responses while reducing repeat system involvement and improving public safety. Section 5: Plan for Collecting Performance Measures Data The City of Bozeman will track, manage, and report all required BJA performance measures through an established cross-system data infrastructure coordinated by the GBHC. The City’s Grants Division will be responsible for oversight and submission of all required reports in JustGrants, with support from project partners. JGRE will serve as the primary entity responsible for data collection coordination, validation, and reporting. JGRE has extensive experience managing data collection and reporting for federal, state, and foundation-funded initiatives in Montana and nationally. Through its ongoing work with GBHC, JGRE already collects and analyzes monthly data across crisis response, behavioral health, housing, and justice partners and maintains working relationships with the staff responsible for data systems within each partner organization. Data will be collected aligned with the BJA Performance Measure Questionnaire, including law enforcement drop-offs and crisis stabilization, service engagement and compliance, cross-system 126 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 14 collaboration, and public safety measures. JGRE will collect data from partners to respond to the questionnaire including the crisis center’s EHR system, law enforcement’s Central Square/CAD system, mobile crisis’s (Connections Health Solutions) EHR system; healthcare partners (Rimrock, Bozeman Health, One Health, Help Center) EHRs and iCarol, housing provider’s (HRDC) HMIS and case management systems, the detention center’s jail management system, and courts’ court management systems. Data definitions and protocols will be finalized during planning and aligned with BJA performance measures. JG will compile and validate data on a monthly basis. The City of Bozeman will submit all required semi-annual performance reports through JustGrants in accordance with BJA requirements. Performance data will be actively used for continuous quality improvement. GBHC partners will review data regularly through established coalition structures to identify trends, address gaps, and refine protocols across crisis response, treatment, housing, and justice coordination. This feedback loop ensures that data informs decision-making and ongoing system improvement. All data collection and sharing will comply with applicable federal and state privacy, security, and confidentiality requirements, including HIPAA and 42 CFR Part 2, as applicable. Section 6: Plan for Sustainability The City of Bozeman and its partners have developed a multi-faceted sustainability strategy that leverages Medicaid reimbursement, state system changes, and diversified payer sources to ensure continuity of services beyond the grant period. A portion of individuals served through the crisis stabilization center will be Medicaid beneficiaries, providing an ongoing reimbursement stream for crisis services. While historical 127 City of Bozeman | BJA-PSMHI O-BJA-2025-172486 | Proposal Narrative 15 Medicaid rates have been insufficient to fully sustain crisis receiving and stabilization services, the Montana Department of Public Health and Human Services is actively advancing rate and service definition changes aligned with CCBHC planning. These changes are expected to increase reimbursement and establish a sustainable funding structure for crisis services statewide. In parallel, RHTP includes investments in crisis system infrastructure, including “crisis safe spaces,” further reinforcing the state’s commitment to sustainable crisis care. This project is intentionally timed to launch services with BJA support while state-level reimbursement and system improvements are implemented, positioning the center for long-term sustainability. Additional payer sources will include Veterans Affairs reimbursement and private insurance, which provide higher reimbursement rates and contribute to a diversified funding model. The GBHC is also advancing a public-private partnership model to support the behavioral health safety net workforce, addressing one of the primary cost drivers of services and strengthening system capacity. Together, these strategies create a sustainable financing model that blends Medicaid, commercial payers, and state investment. This approach ensures that services initiated through this grant will be maintained and integrated into Montana’s evolving behavioral health system beyond the grant period. 128 1 Project Design and Implementation Timeline Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative Year 1 (Oct 1 2026-Sept 30 2027) Year 2 (Oct 1 2027-Sept 30 2028) Year 3 (Oct 1 2028-Sept 30 2029) Activity Responsible Party Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Project Planning and Evaluation (Oct 2026 – Mar 2027; evaluation ongoing) Objective 2.1: Implement no-refusal and streamlined intake processes for law enforcement referrals with protocols to identify candidates who would benefit from civil commitment/AOT. Objective 2.2: Develop agreements and protocols to ensure consistent processes for crisis response and reentry transition ensuring enforcement of public order laws and connection to institutional treatment. Objective 2.3: Train law enforcement officers, court personnel, and mental health providers on civil commitment and AOT laws, criteria, referral processes, and available resources to increase utilization. Convene project partners; finalize provider selection for crisis stabilization center City of Bozeman, Bloom Consulting, GBHC Develop cross-system action plan aligned with NOFO goals Bloom Consulting, GBHC Partners Select crisis stabilization provider; determine service delivery model; consider alignment with CCBHC planning City of Bozeman, GBHC, BPD, GCSO, Clinical Partners, HRDC Establish formal agreements, protocols, and referral pathways (LE drop-off, civil commitment, continuity of care) City of Bozeman Crisis Stabilization Provider, BPD, GCSO, Clinical Partners, HRDC Train LE officers, court personnel, and mental health providers, and system stakeholders on AOT, civil commitment, crisis pathways, and resources GBHC, GCSO, BPD, AOT Director, Help Center Integrate BJA performance metrics into GBHC performance measure systems JGRE, Bloom Ongoing performance monitoring, quarterly reporting, and outcome analysis JGRE, Bloom Deliverables: Cross-system action plan; executed MOUs/MOAs; protocols; coordination pathways; sustainability and replicability plan; final report analyzing program outcomes & system impact Core Area 1: Crisis Stabilization Center (Apr 2027 – Sep 2029, ongoing) Objective 1.1: Develop or enhance a Crisis Stabilization Center with dedicated law enforcement drop-off capacity and civil commitment evaluation capabilities. Complete facility preparation, equip for 24/7 crisis receiving and stabilization City of Bozeman, HRDC, Crisis Stabilization Provider Develop staffing model; hire clinical and support staff (24/7 coverage, min. 3 staff on site) Crisis Stabilization Provider Develop LE drop-off protocols for streamlined intake & rapid return to patrol BPD, GCSO, Crisis Stabilization Provider Formalize high-acuity transfer protocols with Bozeman Health Bozeman Health, Crisis Stabilization Provider Establish clear referral pathways and protocols with partner providers to connect individuals to treatment, housing, or civil commitment/AOT Crisis Stabilization Provider, Rimrock, AOT, HRDC, Fresh Start, Clinical Partners, GC Attorney’s Office Launch 24/7 crisis receiving and stabilization services with no- refusal policy Crisis Stabilization Provider Deliverables: Operational 24/7 no-refusal crisis stabilization center 129 2 Core Area 2: Treatment Services (Apr 2027 – Sep 2029, ongoing) Objective 1.2: Increase access to mental health and substance use treatment with crisis intervention services and appropriate institutional care options for those who are a risk to themselves or others, who demonstrate a grave disability and who are unable to care for themselves. Execute clinical service agreements with treatment partners (Rimrock, One Health, Help Center, Connections, Bozeman Health) City of Bozeman Provide treatment services to 75-100 individuals / year using crisis stabilization services Clinical Partners Deliverables: Treatment protocols and provider agreements; integrated referral pathways; reentry coordination procedures; discharge planning protocols Core Area 3: Housing Access (Apr 2027 – Sep 2029, ongoing) Objective 1.3: Increase access to transitional housing for individuals exiting crisis stabilization or justice settings to prevent homelessness. Provide ongoing crisis support and require treatment compliance as part of this transitional housing program. Establish treatment compliance agreements as part of housing participation HRDC, Clinical Partners Provide housing access services to 75-100 individuals / year using crisis stabilization services HRDC Deliverables: Treatment compliance agreements; housing access services Core Area 4: Data Infrastructure and Technology (Apr 2027 – Sep 2029, ongoing) Objective 3.1: Enhance technology and data sharing in crisis, behavioral health, and correctional settings to improve care during crisis, incarceration, pre-release service planning, treatment continuity through reentry, and other transitions with appropriate data sharing between justice and behavioral health systems. Align data infrastructure activities with Montana Rural Health Transformation Program (RHTP) data investments Bloom Consulting, JGRE Update and operationalize cross-system data sharing MOA and implementation protocols that comply with privacy, security & consent requirements Bloom Consulting, JGRE, All Partners Deliverables: Updated data sharing MOA and protocols; EHR interoperability enhancements aligned with RHTP; data governance and privacy compliance documentation Shaded cells indicate the quarter in which the activity is underway or ongoing. Year 1: October 2026 – September 2027 | Year 2: October 2027 – September 2028 | Year 3: October 2028 – September 2029 130 1 Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative SUBRECIPIENT AND CONTRACT DISCLOSURE BJA FY25 Public Safety and Mental Health Initiative (PSMHI) Funding Opportunity Number: O-BJA-2025-172486 Applicant: City of Bozeman, Montana Project Title: Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative Federal Award Amount: $3,000,000 Period of Performance: 36 months (October 1, 2025 – September 30, 2028) Purpose This attachment discloses all proposed subrecipients and procurement contracts anticipated under the City of Bozeman’s application to the BJA FY25 Public Safety and Mental Health Initiative (PSMHI), Funding Opportunity Number O-BJA-2025-172486. This disclosure is provided in accordance with the application requirements set forth in the NOFO and the OJP Grant Application Resource Guide. The City of Bozeman has made preliminary determinations regarding the classification of each entity as either a subrecipient or a contractor, based on the substance of the relationship and the criteria set forth in 2 C.F.R. § 200.331. These determinations are subject to final review and confirmation upon award. Disclosure of Proposed Subrecipients and Contracts Entity Name Classification Role / Proposed Activities Est. Federal Funds Organization Type Rimrock Subrecipient Addiction treatment services at or through the crisis stabilization center, including withdrawal management/detox, day treatment, intensive outpatient programming, and transport coordination to residential treatment. [TBD] Nonprofit HRDC Subrecipient Transitional housing services for individuals exiting crisis stabilization or justice-involved settings. Co-located at crisis facility for direct housing coordination, case management, treatment compliance monitoring, and connection to community services. [TBD] Nonprofit 131 2 Entity Name Classification Role / Proposed Activities Est. Federal Funds Organization Type Crisis Facility Provider (TBD) Subrecipient Operation of the 24/7 crisis receiving and stabilization center, including clinical staffing, behavioral health screening and assessment, crisis stabilization, civil commitment evaluations, care coordination, and law enforcement drop-off intake. [TBD] [TBD] Bloom Consulting Contractor Grant management, sub- recipient monitoring [TBD] Private consulting firm JG Research and Evaluation Contractor Data infrastructure, program evaluation, performance measurement, and reporting support. Collection and analysis of cross-system data for BJA. [TBD] Private research firm Basis for Classification Determinations Subrecipients Rimrock, HRDC, and the crisis facility provider (TBD) are classified as subrecipients because each entity will carry out a substantive portion of the federal award’s programmatic objectives. Each has programmatic decision-making responsibility for the design and delivery of services within their respective areas. Contractors Bloom Consulting and JG Research and Evaluation are classified as contractors because each provides goods or services within normal business operations, operates in a competitive environment, provides similar services to many different purchasers, and does not carry out programmatic decision-making authority over the substantive elements of the federal award. Additional Notes Estimated federal funding amounts for each subrecipient and contractor are detailed in the budget narrative and budget detail form submitted with this application. Final subrecipient and contractor agreements will be executed upon award and in accordance with the DOJ Grants Financial Guide. The crisis facility provider has not yet been identified by name. The City of Bozeman will select this provider from its established pool of qualified behavioral health service providers, consistent with City procurement policy and applicable federal procurement standards. The provider selection and resulting agreement will be submitted to OJP for review as required. All subrecipients will be required to comply with the applicable conditions of this award. 132 April 2, 2026 Bureau of Justice Assistance U.S. Department of Justice RE: Letter of Intent – City of Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative Dear Review Committee, On behalf of the Bozeman Police Department, I am writing to express our strong intent to partner with the City of Bozeman in the implementation of the proposed Public Safety and Behavioral Health Crisis Stabilization Initiative. After more than 27 years with the Bozeman Police Department, beginning as a patrol officer in 1999 and now serving as Chief of Police, I have witnessed firsthand how profoundly our community’s behavioral health infrastructure, or the lack of it, shapes the daily work of law enforcement and the wellbeing of every person we serve. This initiative is one of the most consequential public safety investments our community has pursued. The Bozeman Police Department has a longstanding operational partnership with the City of Bozeman. Our officers work daily alongside the City’s behavioral health partners, mobile crisis responders, and the Gallatin Behavioral Health Coalition to navigate an increasingly complex landscape of mental health and substance use calls. Our officers respond daily to calls involving individuals experiencing mental health and substance use crises, often in situations where appropriate clinical resources are limited. As a result, law enforcement is frequently relied upon to manage health-related crises without access to a dedicated, community-based stabilization option. The development of a 24/7, no-refusal crisis receiving and stabilization center with dedicated law enforcement drop-off capacity directly addresses this critical system gap. This project will provide officers with a safe and appropriate alternative to emergency departments and jail, enabling rapid transfer of care, improved access to treatment, and more effective use of law enforcement resources. It aligns with BJA’s goals to reduce the burden on law enforcement, improve crisis response systems, and increase access to behavioral health treatment. The Bozeman Police Department intends to actively collaborate with the City and project partners in the implementation of this initiative. This includes participation in the development of law enforcement drop-off protocols, coordination of crisis response procedures, and ongoing system alignment to ensure effective diversion from jail and appropriate connection to care. 133 The City of Bozeman has demonstrated strong leadership and capacity to implement complex, cross-system initiatives, including mobile crisis services. The identification of a facility and progress toward implementation further demonstrate readiness to move this project forward. We are committed to working alongside the City and our community partners to implement this critical component of the behavioral health continuum and improve public safety outcomes for our community. Sincerely, Jim Veltkamp Chief of Police Bozeman Police Department 134 135 136 April 2, 2026 Bureau of Justice Assistance U.S. Department of Justice Re: Letter of Intent – City of Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative Dear Review Committee, On behalf of HRDC, I am pleased to express our intent to partner with the City of Bozeman on its application to the Bureau of Justice Assistance Public Safety and Mental Health Initiative. For more than 50 years, HRDC has served Gallatin, Park, and Meagher Counties as a community action agency, supporting over 13,000 individuals annually through housing, shelter, food access, transportation, and supportive services. In 2025 alone, HRDC provided more than 71,000 meals, nearly 28,000 food boxes, and shelter to over 1,000 individuals. We work closely with the City of Bozeman, law enforcement, healthcare providers, and the Gallatin Behavioral Health Coalition to address the interconnected challenges of housing instability, behavioral health, and public safety. HRDC will serve as the lead housing partner for this project, providing transitional housing and supportive services for individuals exiting crisis stabilization or justice-involved settings who would otherwise experience homelessness. We will coordinate closely with crisis stabilization and treatment providers to ensure timely placement, continuity of care, and engagement in behavioral health services as part of housing participation. To support project sustainability and match requirements, HRDC commits to providing in-kind housing support valued at $120,000 in Year 3 of the grant. This contribution will include housing resources, case management, and supportive services aligned with project goals. Based on our experience, the absence of a community-based crisis receiving and stabilization center is a critical gap in Bozeman’s behavioral health system. This project will strengthen the connection between crisis response and housing, helping individuals move from instability to recovery while reducing repeated system involvement. We look forward to partnering with the City of Bozeman and regional partners to implement this project and strengthen the behavioral health and housing continuum in our community. Sincerely, Heather Grenier CEO & President 137 138 139 140 141 142 April 2, 2026 Bureau of Justice Assistance U.S. Department of Justice RE: Letter of Support – City of Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative Dear Review Committee, On behalf of One Health, a Federally Qualified Health Center serving 16 communities across Montana and Wyoming, I am pleased to offer our enthusiastic support for the City of Bozeman’s application to the Bureau of Justice Assistance Public Safety and Mental Health Initiative. One Health provides integrated primary care, behavioral health, dental, pharmacy, and public health services to more than 25,000 individuals annually, regardless of ability to pay. Our Bozeman clinic serves as a key point of entry for low-income and uninsured community members, many of whom present with co-occurring behavioral health and medical needs. We partner closely with the City of Bozeman, the Gallatin Behavioral Health Coalition, and community providers to ensure access to a full continuum of care. The HRDC Community Commons campus – which regularly hosts One Health staff alongside the Gallatin Valley Food Bank and Fork & Spoon - reflects the type of integrated, community-based infrastructure this project is designed to strengthen. From our clinical experience, one of the most significant gaps in Bozeman’s crisis response system is the lack of a dedicated, community-based crisis receiving and stabilization center. Patients experiencing behavioral health crises frequently present to primary care or emergency settings that are not designed for stabilization. A crisis stabilization center will provide a more appropriate setting for rapid assessment and stabilization, while reducing reliance on the emergency department and the justice system. It will also create a clear pathway for individuals to connect to ongoing care, including primary care, behavioral health services, and medication management. The project’s integration of treatment services, coordination with housing resources, and alignment with broader system improvements will strengthen the full continuum of services. These elements are critical to reducing system cycling, addressing homelessness, and improving community safety. The City of Bozeman has demonstrated strong leadership in advancing cross-sector behavioral health solutions. Through its active role in the Gallatin Behavioral Health Coalition, support of mobile crisis response systems, and investment in community-based infrastructure, the City has consistently shown the ability to move complex initiatives forward in partnership with local providers. One Health strongly supports this application and the City of Bozeman’s leadership in building a coordinated, community-based behavioral health system. We are confident this project will improve access to care, strengthen system coordination, and enhance public safety outcomes for the community. Sincerely, Lander Cooney Executive Vice President, Clinical Operations 143 1205 S. 7th Ave. Suite 105 · Phoenix, AZ 85007 Page 1 of 2 March 31, 2026 Bureau of Justice Assistance U.S. Department of Justice RE: Letter of Support for City of Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative Dear Review Committee, On behalf of Connections Health Solutions, I am pleased to offer our strong support for the City of Bozeman’s application to the Bureau of Justice Assistance Public Safety and Mental Health Initiative. Relationship to the applicant Connections Health Solutions currently serves as the mobile crisis response provider for Gallatin County, working in close partnership with the City of Bozeman, law enforcement agencies, healthcare providers, and the Gallatin Behavioral Health Coalition. Through this work, our mobile crisis team responds directly to individuals experiencing behavioral health crises and collaborates daily with first responders and community partners to ensure safe, appropriate, and effective care. Need for and benefits of the project From our direct service experience, the most significant gap in Bozeman’s crisis response system is the lack of a dedicated, community-based crisis receiving and stabilization center. While mobile crisis services have expanded access to field response, the absence of a “place to go” limits the effectiveness of the entire system. As a result, individuals are often transported to emergency departments, detained in jail, or remain in unstable situations without appropriate care. The proposed crisis stabilization center will address this critical gap by providing a 24/7, no- refusal center with dedicated law enforcement drop-off capacity, enabling rapid assessment, stabilization, and connection to treatment. This model aligns with SAMSHA’s national best practice and will significantly improve outcomes for individuals experiencing mental health and substance use crises, while reducing reliance on emergency departments and the justice system. In addition, the project’s integration of treatment services, coordination with housing resources, and alignment with broader system improvements—including data sharing and continuity of care—will strengthen the full continuum of services. These elements are essential to reducing system cycling, addressing homelessness, and improving community safety. 144 1205 S. 7th Ave. Suite 105 · Phoenix, AZ 85007 Page 2 of 2 Applicant’s capacity to implement the project The City of Bozeman has demonstrated strong leadership and sustained commitment to improving behavioral health and public safety outcomes. As a longstanding partner in the Gallatin Behavioral Health Coalition, the City has played a key role in advancing collaborative, cross-system solutions, including the development of co-response models and the implementation of independent mobile crisis services. The City’s ability to convene partners, align resources, and move complex initiatives forward gives us strong confidence in its capacity to successfully implement this project. The identification of a center and securing capital funding further demonstrates that this initiative is both well-planned and ready for implementation. This project represents a critical next step in building a coordinated crisis response system— one that provides law enforcement with appropriate alternatives, expands access to care, and improves outcomes for individuals and the broader community. Connections Health Solutions strongly supports this application and the City of Bozeman’s continued leadership in developing a comprehensive, community-based behavioral health system. Sincerely, Joel Joel R. Conger President, Connections West Connections Health Solutions 145 April 2, 2026 Bureau of Justice Assistance U.S. Department of Justice RE: Letter of Support – City of Bozeman Public Safety and Behavioral Health Crisis Stabilization Initiative Dear Review Committee, On behalf of Help Center, Inc., Gallatin County’s primary crisis intervention nonprofit, I am pleased to offer our support for the City of Bozeman’s application to the Bureau of Justice Assistance Public Safety and Mental Health Initiative. Help Center operates Gallatin County’s 24/7 crisis lines, Follow-Up Program, and related services, working closely with the City of Bozeman, law enforcement, and the Gallatin Behavioral Health Coalition. the Telecare Program, and the Gallatin County Child Advocacy Center. We also serve as a Sexual Assault Counseling Center and provide community education on suicide prevention and mental health. Help Center has been an active partner with the City of Bozeman, the Gallatin Behavioral Health Coalition, and law enforcement in developing a coordinated crisis response system for our region. Every day, we hear from individuals and first responders seeking a safe place for someone in crisis - and too often, that option does not exist. The most significant gap in our system is the lack of a dedicated, community-based crisis receiving and stabilization center. While mobile crisis services have improved response in the field, the absence of a crisis center means individuals are often transported to the emergency department, detained in jail, or left without appropriate care. A 24/7, no-refusal crisis stabilization center with law enforcement drop-off capacity would provide a therapeutic alternative to detention, enable rapid assessment and connection to care, and reduce reliance on the emergency department and justice system. Integration with treatment services, housing supports, and coordinated data systems will strengthen the continuum of care and improve community safety. The City of Bozeman has demonstrated strong leadership in building a coordinated crisis response system and is well positioned to implement this next step. Help Center, Inc. offers its wholehearted support for this application. A crisis stabilization center is the infrastructure our community has needed for years, and we are ready to serve as a coordinating partner in referral, follow-up, and community education. Sincerely, Christina Powell CEO, Help Center, Inc. 146 147 April 6, 2026 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Re: Mental Health Authority To Whom It May Concern: The City of Bozeman is a self-governing municipality of the State of Montana. The City operates pursuant to its Charter, with provides the City with self-government powers under Montana law. Nothing in State law prohibits the City from applying for this Grant. The City is authorized pursuant to Section 1.03 of the Bozeman City Charter to engage in interlocal cooperation and contracting with other governmental entities and other service providers in the delivery of behavioral health and crisis intervention services. Montana’s public behavioral health system is administered by the Montana Department of Public Health and Human Services (DPHHS) and relies on local government participation. Consistent with this framework, the City of Bozeman maintains coordination with Gallatin County and regional partners as a member of the Gallatin City-County Board of Health and the Gallatin County Behavioral Health Coalition, a coalition of government and not-for-profit entities that support system planning, resource coordination, and implementation of behavioral health and crisis response strategies throughout Gallatin County. Through this structure, the City actively participates in the organization and delivery of services for individuals with behavioral health needs, including those involved in the justice system. With Appreciation, Chuck Winn, City Manager City of Bozeman, MT Docusign Envelope ID: F1C6C1B1-2AC6-4556-9C1E-36D7DECC58FA 148 Basic Eligibility Program Application Application Award Post-Award Other Application Information Description Submission Review Notices Requirements Information Checklist Appendix 1 U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS Certification by the Chief Executive Officer (or senior official) of the Applicant Government On behalf of the applicant named below, and in support of its application, I certify under penalty of perjury to the Office of Justice Programs (“OJP”), U.S. Department of Justice (“USDOJ”), that all of the following are true and correct: (1) I am the chief executive officer of the State or local government (“the jurisdiction”) of which the applicant entity named below is a part (or a senior official of the jurisdiction, with the legal authority to bind the same), I have received appropriate legal advice as to this certification, and I have the authority to make this certification on my own behalf as chief executive officer (or senior official) and on behalf of the jurisdiction and the applicant entity. I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicant entity. (2) I have carefully reviewed (or have received pertinent legal advice concerning) 8 U.S.C. §§ 1373(a) & (b) and 1644, including the prohibitions on certain actions by State and local government entities, agencies, and officials regarding information on citizenship and immigration status. (3) I (and the applicant entity) understand that, for purposes of this certification, the term “program or activity” means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. § 2000d-4a), and that terms used in this certification that are defined in 8 U.S.C. § 1101 mean what they mean under that section 1101, except that the term “State” also shall include American Samoa (cf. 42 U.S.C. § 901(a)(2)). (4) I (and the applicant entity) assure that the applicant entity (and its officials and other personnel) will comply with 8 U.S.C. §§ 1373 and 1644 in any “program or activity” receiving federal financial assistance under any award made by OJP pursuant to this application. I further certify that any subrecipient (at any tier) of such federal financial assistance (and its officials and other personnel) will also comply with 8 U.S.C. §§ 1373 and 1644. I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 34 U.S.C. § 10271 or under 18 U.S.C. § 1001 or 1621, and may subject me and the applicant entity to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729–3730 and §§ 3801–3812). I also acknowledge that OJP awards, including certifications provided in connection with such awards, are subject to review by USDOJ, including by OJP and by the USDOJ Office of the Inspector General. Signature of Chief Executive Officer (or senior official) of the Applicant Government Date of Certification Printed Name of Chief Executive Officer (or senior official) Title of Chief Executive Officer (or senior official) Name of Applicant Government Entity U.S. Department of Justice | Office of Justice Programs | BJA | NOFO | ojp.gov | 38 City of Bozeman, Montana Chuck Winn City Manager April 6, 2026 Docusign Envelope ID: F1C6C1B1-2AC6-4556-9C1E-36D7DECC58FA 149 Memorandum REPORT TO:City Commission FROM:Danae Giannetti, Engineer II Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Notice of Award to Knife River of Belgrade for the Oak and Ferguson Intersection Improvements and Final Contract Documents Once Received MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Notice of Award to Knife River of Belgrade for the Oak and Ferguson Intersection Improvements and Final Contract Documents Once Received. 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:Following the completion of the Oak Street Intersections study approved in previous Capital Improvement Plans to identify, prioritize, and invest in operational and safety improvements to intersections along the Oak Street corridor west of North 27th Avenue, this project will fund construction of intersection improvements at Oak Street and Ferguson Avenue in 2026. The project will modify the access of Oak Street and Ryun Sun Way to be right- in/right-out only, add left turn lanes to Oak Street to improve intersection capacity, and modify the existing traffic signal at Oak Street and Ferguson Avenue to include protected left turn phasing only for improved safety. The low bid was submitted by Knife River of Belgrade in the amount of $647,453.25. The engineer's estimate was $682,867.70. Staff have reviewed the bid and recommends awarding the construction contract to Knife River of Belgrade. The Notice of Award and Engineer's Award Recommendation with Bid Tabulation are attached. UNRESOLVED ISSUES:None identified. ALTERNATIVES:None recommended. FISCAL EFFECTS:Construction cost of $647,453.25 will be funded by Street Impact Fees and the Arterial and Collector District. Project SIF 188 has been approved in the FY26 Operating Budget at $900,000. 150 Attachments: Notice of Award_Oak & Ferguson.pdf Bid Recommendation_Oak & Ferguson.pdf Report compiled on: April 20, 2026 151 EJCDC® C-510, Notice of Award. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 NOTICE OF AWARD Date of Issuance: Owner: Owner’s Project No.: Engineer: Engineer’s Project No.: Project: Contract Name: Bidder: Bidder’s Address: You are notified that Owner has accepted your Bid dated _______ for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: ____________________________________ The Contract Price of the awarded Contract is $_______________. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable. __________ unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. ☐ Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner __________ counterparts of the Agreement, signed by Bidder (as Contractor). 2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): _______________________________________________ Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: _____________________________________________ By (signature): Name (printed): Title: Copy: Engineer Oak & Ferguson Intersection Renovations (SIF 188) 4/6/26 647,453.25 City of Bozeman, Montana Sanbell 22367.07 Oak & Ferguson Intersection Renovations (SIF 188) Knife River - Belgrade 630 Airway Boulevard: Belgrade, MT 59714 Three (3) Three (3) X City of Bozeman, Montana City Manager 152 April 6, 2026 Ms. Danae Gianetti Engineering Division City of Bozeman 20 East Olive Bozeman, MT 59715 SUBJECT: BID AWARD RECOMMENDATION Oak & Ferguson Intersection Renovations (SIF 188), Project No. 22367.07 Dear Danae: On April 3, 2026, competitive bids for the above referenced project were accepted and publicly opened. A single bid was received from Knife River - Belgrade. Listed below is a summary of the verified bid relative to the engineer’s opinion of probable cost: BIDDER Engineer’s Opinion of Probable Cost Knife River - Belgrade Schedule I $667,867.70 $632,453.25 Schedule II - FF $15,000.00 $15,000.00 Total Bid $682,867.70 $647,453.25 No discrepancies were noted in Knife River’s bid. Based on this review, Sanbell recommends that the City of Bozeman move forward with a contract award to Knife River - Belgrade. in the amount of $647,453.25. A copy of the bid tabulation is attached for reference. Please call if you have any questions or would like further information. Sincerely, Joey Staszcuk, PE, PTOE, RSP1 Associate Principal enclosures: Bid Tabulation 153 Oak & Ferguson Intersection Renovations (#10108743)Owner: Bozeman MT, City ofSolicitor: Sanbell04/03/2026 03:00 PM MDTEngineer Estimate Knife River - BelgradeSection TitleLine Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension$667,867.70 $632,453.25101 101 Mobilization and Insurance LS 1 $89,069.70 $89,069.70 $56,000.00 $56,000.00102 102 Traffic Control LS 1 $25,000.00 $25,000.00 $59,550.00 $59,550.00103 103 Stormwater Management and Erosion Control LS 1 $5,000.00 $5,000.00 $2,000.00 $2,000.00104 104 Existing Concrete Flatwork Removal SF 1060 $5.50 $5,830.00 $2.75 $2,915.00105 105 Existing Asphalt Removal SY 613 $15.00 $9,195.00 $10.00 $6,130.00106 106 Existing Concrete Curb & Gutter Removal LF 1260 $8.00 $10,080.00 $5.50 $6,930.00107 107 Existing Detectable Warning Panel Removal SF 150 $10.00 $1,500.00 $1.00 $150.00108 108 Unclassified Excavation CY 1621 $30.00 $48,630.00 $23.50 $38,093.50109 109 Landscaping LS 1 $5,000.00 $5,000.00 $9,100.00 $9,100.00110 110 Removal of Existing Electrical Equipment LS 1 $5,000.00 $5,000.00 $6,100.00 $6,100.00111 111 Remove/Reset Existing Sign & Post EA 2 $400.00 $800.00 $700.00 $1,400.00112 112 4-IN Concrete Sidewalk SF 570 $12.00 $6,840.00 $11.00 $6,270.00113 113 6-IN Concrete Pedestrian Ramp SF 980 $16.00 $15,680.00 $17.00 $16,660.00114 114 6-IN Concrete Median Cap SF 5155 $14.00 $72,170.00 $6.50 $33,507.50115 115 Truncated Dome Detectable Warning Panels SF 163 $60.00 $9,780.00 $20.00 $3,260.00116 116 Mill and Overlay Existing Asphalt (1-inch) SY 8896 $10.00 $88,960.00 $11.50 $102,304.00117 117 Asphalt Pavement (4-in Section) SY 1477 $25.00 $36,925.00 $28.75 $42,463.75118 118 Standard Curb and Gutter LF 1120 $30.00 $33,600.00 $25.00 $28,000.00119 119 Median Concrete Curbs SF 30 $40.00 $1,200.00 $35.00 $1,050.00120 120 1 1/2-inch Crushed Base Course Gravel CY 395 $60.00 $23,700.00 $71.00 $28,045.00121 121 Epoxy Striping (White) Gal 42.8 $350.00 $14,980.00 $200.00 $8,560.00122 122 Epoxy Striping (Yellow) Gal 16.2 $350.00 $5,670.00 $200.00 $3,240.00123 123 Epoxy Words and Symbols (White) Gal 23.7 $400.00 $9,480.00 $380.00 $9,006.00124 124 Epoxy Curb Markings Gal 1.6 $350.00 $560.00 $380.00 $608.00125 125 New Sign, Post & Foundation EA 2 $800.00 $1,600.00 $1,300.00 $2,600.00126 126 Reset Existing Park Sign EA 1 $800.00 $800.00 $1,100.00 $1,100.00127 127 New Sign Panel on Mast Arm, Signal Standard, or Sign Post EA 13 $400.00 $5,200.00 $630.00 $8,190.00128 128 White Flexible Surface Mounted Delineators EA 6 $20.00 $120.00 $165.00 $990.00129 129 Yellow Flexible Anchored Delineators EA 15 $60.00 $900.00 $200.00 $3,000.00130 130 2.5-inch SCH 80 PVC Conduit LF 45 $35.00 $1,575.00 $20.50 $922.50131 131 3-inch SCH 80 PVC Conduit LF 60 $47.50 $2,850.00 $49.00 $2,940.00132 132 Structural Concrete Pole Foundations CY 6.25 $1,900.00 $11,875.00 $2,200.00 $13,750.00133 133 Cable, Copper, 3AWG14-600V LF 225 $2.00 $450.00 $2.00 $450.00134 134 Cable, Copper, 5AWG14-600V LF 400 $4.00 $1,600.00 $3.00 $1,200.00135 135 Conductor, Copper, #10 AWG LF 60 $1.50 $90.00 $1.50 $90.00136 136 12"x12"x12"x12" Traffic Signal Indications EA 4 $2,500.00 $10,000.00 $2,100.00 $8,400.00137 137 Install Owner supplied Standard Signal Pole W/45' Mast (3A) EA 1 $5,000.00 $5,000.00 $2,800.00 $2,800.00138 138 Install Owner supplied Signal Pole Type 1-140 EA 1 $2,000.00 $2,000.00 $1,100.00 $1,100.00139 139 Install Owner supplied 1994 AASHTO 40' Mast Arm EA 2 $5,000.00 $10,000.00 $2,100.00 $4,200.00140 140 TS2 SP+ Controller Cabinet EA 1 $50,000.00 $50,000.00 $55,400.00 $55,400.00141 141 PTZ Camera EA 1 $10,000.00 $10,000.00 $7,900.00 $7,900.00142 142 Modify Service Assembly EA 1 $2,500.00 $2,500.00 $2,400.00 $2,400.00143 143 Pedestrian Push Button Extension EA 1 $1,500.00 $1,500.00 $625.00 $625.00145 145 3-inch Crushed Subbase Course Gravel CY 750 $30.00 $22,500.00 $45.00 $33,750.00146 146 Geotextile Fabric SY 1329 $2.00 $2,658.00 $7.00 $9,303.00$15,000.00 $15,000.00144 144 Miscellaneous Work UNIT 15000 $1.00 $15,000.00 $1.00 $15,000.00Base Bid Total: $682,867.70 $647,453.25Schedule II: Electrical Improvements-FixedSchedule I: Oak & Ferguson Intersection Renovations154 Memorandum REPORT TO:City Commission FROM:Nicholas Focken, Parking Manager Benjamin Bailey, Neighborhood Services and Code Compliance Program Manager SUBJECT:Authorize the City Manager to Sign a Notice of Award to CK May Excavating for the Repaving of the Black Lot and Contract Documents Once Received MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Notice of Award to CK May Excavating for the Repaving of the Black Lot and contract documents once received. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Black Lot located at Mendenhall and North Black is currently in disrepair. Renovating the lot will improve conditions and provide a better experience for the public utilizing the free parking spaces. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the commission FISCAL EFFECTS:This contract will have a cost of $97,270. Attachments: Notice of AWARD - 2026 Black Lot.pdf Report compiled on: April 22, 2026 155 NOTICE OF AWARD Dated: __________________________ OWNER: City of Bozeman TO: CK May Excavating ADDRESS: 1170 Apple’s Way Belgrade MT 59714 PROJECT: Black Lot Repaving CONTRACT FOR: Repaving of the Black Lot You are notified that your Bid dated April 2nd, 2026, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for Black Lot Repaving. The Contract Price of your Contract is: ninety-seven thousand two hundred seventy Dollars ($97,270). One copy of the proposed Contract Documents accompanies this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award. 1.Deliver to Owner One (1) counterpart of the Agreement, signed by Bidder (as Contractor). 2.Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions. 3.Other conditions precedent (if any): None 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: _______________________________ 156 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner, Development Review Division Brian Krueger, Manager, Development Review Division Rebecca Harbage, Deputy Director of Community Development Erin George, Director of Community Development SUBJECT:Approve the Final Plat for the Canyon Gate Major Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and Authorize the Community Development Director to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 23237 (Quasi-Judicial) MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Approve the Final Plat for the Canyon Gate Major Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and Authorize the Community Development Director to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 23237 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 Canyon Gate Subdivision is a major subdivision of a 24.14-acre Tract to create 15 lots consisting of three mixed commercial and apartment lots zoned B-2M; two 2-household residential lots zoned R-B; two apartment residential lots zoned R-D; and four 4-household residential lots zoned R-B; along with three City park lots, one private open space lot, and dedicated street rights-of-way. The Final Plat submittal meets/satisfies all conditions of approval and code provisions of the Preliminary Plat, as well as the standards of Section 76-3- 611(1) and 76-3-612, Montana Code Annotated (MCA), as certified by the City Attorney. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested. 157 FISCAL EFFECTS:Fiscal effects of this application 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. Attachments: 23237 Cyn Gate FP Commission Memo.pdf 23237 Cyn Gate FP City Attorney Certificate.pdf Report compiled on: April 22, 2026 158 Commission Memorandum REPORT TO: Mayor and City Commission FROM: Susana Montana, Senior Planner, Community Development Brian Krueger, Development Review Division Manager Rebecca Harbage, Deputy Director of Community Development Erin George, Director of Community Development SUBJECT: Approve the Final Plat for the Canyon Gate Major Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and Authorize the Community Development Director to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 23237. Quasi-Judicial MEETING DATE: May 5, 2026 AGENDA ITEM TYPE: Community Development- Quasi-Judicial RECOMMENDATION: Approve the Final Plat for the Canyon Gate Major Subdivision and Authorize the Director of Transportation and Engineering to Execute the Same on Behalf of the City of Bozeman and Authorize the Community Development Director to Execute the Improvements Agreement on Behalf of the City of Bozeman, Application 23237. 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: This Final Plat application was deemed complete prior to the February 1, 2026, effective date of the repeal and replacement of the 2018 Chapter 38 of the Bozeman Municipal Code (BMC). The February 1, 2026, BMC update per Ordinance No. 2151 is known as the 2026 Unified Development Code Update (2026 UDC). This project is subject to the standards and review procedures of the 2018 UDC in effect prior to February 1, 2026. It is also subject to the procedures and standards of the Montana Land Use Plan Act (MLUPA) The 24.14-acre subject property was annexed into the City on April 12, 2022, per application number 21337 and on that date received its initial zoning. The property is addressed as 980 Story 159 Mill Road and is located at the northeast corner of Story Mill Road and Bridger Road in the northeast portion of the City. The Department of Community Development received a Preliminary Plat application, No. 22264, on August 16, 2022, requesting a major subdivision to divide the 24.14-acre Tract to create 15 lots consisting of 3 mixed commercial and apartment residential lots zoned B-2M; 2 two-household residential lots zoned R-B; 2 apartment residential lots zoned R-D; and 4 four-household residential lots zoned R-B; 3 City park lots; and 1 private open space lot; along with dedicated street rights-of-way. The Preliminary Plat was approved by the Commission on April 18, 2023, and the Findings of Fact and Order (FOF) was signed by the Mayor on May 16, 2023 (external link to the Preliminary Plat Finding of Facts and Order). On August 2, 2023, the Applicant, Canyon Gate Investors, LLC, submitted an application for a Final Plat for the Canyon Gate Major Subdivision, No. 23237. The initial application was deemed to be incomplete and a revisions were received on September 13, 2023, March 13, 2025, October 9, 2025, November 21, 2025, December 8, 2025, April 9, 2026, April 16, 2026, and April 21, 2026. On April 22, 2026, the revised Final Plat submittal was found by the City’s Development Review Committee (DRC) to (1) satisfy all the conditions of approval and code provisions of the May 16, 2023, Preliminary Plat approval; and (2) meets the Montana Land Use Plan Act (MLUPA) standards of Section 76-25-410 of the Montana Code Annotated (MCA), as certified by the City Attorney. §76-25-410, MCA, provides that the City Commission shall approve the plat only if: (a) it conforms to the written decision and all conditions of approval and code provisions set forth on the preliminary plat; (b) that the plat meets the survey requirements provided in 76-25-412(1); and (c) the County Treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. These requirements have been met by this application. UNRESOLVED ISSUES: None identified. ALTERNATIVES: None suggested or proposed. 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. Report compiled on: April 22, 2026 Attachment: City Attorney Certificate 160 161 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize City Manager to Sign the Software as Service Agreement with Citian, Inc to Provide Three Years of the Crash Reduction through Analysis of Safety Hazards (CRASH) Data Platform MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign the Software as Service Agreement with Citian, Inc to provide three years of the Crash Reduction through Analysis of Safety Hazards (CRASH) Data Platform STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman (City) was awarded Safe Streets and Roads for All (SS4A) Grants by the Federal Highway Administration in FY2023 and FY2024. The grant awards are for a transportation Comprehensive Safety Action Plan and Demonstration Activities. The FY2024 grant award included demonstration funds to implement a safety data platform that will increase the City's ability to track and analyze safety data. It will enable enhanced visualization of crash and other data that will be utilized in the development and evaluation of the safety plan and future safety projects. The City selected Citian, Inc through a competitive Request for Proposals. City staff has reviewed the proposed costs, scope of work and the agreement; and recommends authorizing the City Manager to sign the agreement with Citian. UNRESOLVED ISSUES:None ALTERNATIVES:None identified. FISCAL EFFECTS:The total cost of for the three year contract for the Crash Reduction through Analysis of Safety Hazards (CRASH) Platform is $144,000.00. The Safe Streets and Roads for All grant provides for $115,200.00 (80%) with the City contributing the remaining $28,800.00 as a local match. The City's matching funds have been approved in the FY26 Arterial & Collector District Operating budget. Attachments: 162 Software as Service Agreement_Citian_SS4A Safety Data Platform_for signature.docx Report compiled on: April 6, 2026 163 Page 1 of 33 Software as a Service Agreement This Software as a Service Agreement (“Agreement”), is made and entered into this 5th day of May, 2026 (“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, Citian Inc., a Delaware Corporation, with a mailing address of 99 M St SE, Suite 755, Washington, DC 20003, hereinafter referred to as “Provider.” The City and Provider 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. Definitions. a. “Aggregated Statistics” means data and information related to the City's use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. b. “Authorized User” means the City's employees, consultants, contractors, and agents (i) who are authorized by the City to access and use the Services under the rights granted to the City pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. c. “Confidential Information” means, subject to Montana’s Open Records Law, all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. With respect to the City, Confidential Information must also include any and all information transmitted to or stored by Provider in connection with performance of its obligations under this Agreement, including, but not limited to, personally identifiable information (“PII”) of residents, employees or people included within the City’s data, including name, address, phone number, e-mail address, date of birth, social security number, patient records, credit card information, driver’s license number, account numbers, PINs and/or passwords, any other information that could reasonably identify a person, and products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential.” Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information. 164 Page 2 of 33 d. “City's Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of the City or an Authorized User through the Services, including, without limitation, the City's meter data and other energy data related to the City's facilities located in the State of Montana. This information, data, and content may also include that which is considered Confidential Information. e. “Data Incident” means a breach of the City or the Provider’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the City’s Data through the Services licensed to the City by the Provider. f. “Documentation” means Provider’s user manuals, handbooks, and guides relating to the Services provided by Provider to the City either electronically or in hard copy form/end user documentation relating to the Services. g. “Intellectual Property Rights” or “IP Rights” means any and all rights that may exist under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, whether or not such rights are registered or perfected. h. “Provider IP” means the Services, the Documentation, and any and all intellectual property provided to the City or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider’s monitoring of the City's access to or use of the Services, but does not include the City's Data. i. “Services” means the on premise software-as-a-service license described in the Scope of Services. See attached Exhibit A. j. “Order Form” means a mutually executed document between the City and the Provider that identifies the Offering to be provided, the applicable fees, the Subscription Term, and any other applicable usage limitations. See attached Exhibit B. k. “Professional Services” means implementation, configuration, training, optimization, or other technical services provided by Provider to City as described in a mutually executed Scope of Services. l. “Service Level Agreement” means Provider's policies, procedures and practices regarding system performance, monitoring and technical support in Exhibit C. Provider reserves the right to change such policies, procedures and practices as required in Provider's reasonable judgment, provided that such changes may never degrade in any material respect the standard of service or protections. See attached Exhibit C. m. “Deliverable” means all custom-developed documents, designs, and other materials that are authored or prepared by the Provider for the City pursuant to the Scope 165 Page 3 of 33 of Services and that are specifically identified on such Scope of Services as a “Deliverable”. The term “Deliverable” does not include the Offering (including all modifications, improvements and enhancements to the Offering), the Offering documentation, Provider’s proprietary education and training content, and all pre-existing materials related to Provider’s Professional Services processes, know-how and methodologies. n. “Offering” means any of Provider’s commercially available software as a service (SaaS) application that are ordered by City via one or more Order Form(s). o. “Subscription Term” means the period during which the City is authorized to access and use the Offering, as set forth in the applicable Order Form or Scope of Services. 2. Purpose. City agrees to enter into this Agreement with Provider to perform for the City the Services described in the Scope of Services, incorporated into this Agreement and attached as Exhibit A. For any conflict between the terms of this Agreement and any of its Exhibits, the terms in this Agreement, and not the Exhibits, governs. 3. Term and Termination. a. Term. The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue in effect for 36 months from such date (the “Initial Term”). The Parties may extend this Agreement for two (2) additional one (1) year terms. See Exhibit B Order Form. b. Notice of Non-Renewal. A Party to this Agreement gives the other Party written notice of non-renewal at least thirty (30) days prior to the expiration of the current term (each a “Renewal Term” and together with the Initial Term, the “Term”). c. Termination. i. Provider may terminate this Agreement, effective on written notice to the City if the City: 1) fails to pay any amount when due hereunder, and such failure continues more than sixty (60) days after Provider’s delivery of written notice thereof; or 2) breaches any of its obligations under Paragraph 6 of this Agreement ii. Any Party to this Agreement may terminate their obligations under this Agreement, effective on written notice to the other Parties, if another Party materially breaches this Agreement, and such breach: 1) is incapable of cure; or 2) being capable of cure, remains uncured sixty (60) days after the non-breaching Party provides the breaching Party with written notice of such breach; or iii. Any Party to this Agreement may terminate this Agreement, effective immediately upon written notice to the other Parties, if the other Party: 1) becomes insolvent or is generally unable to pay or fails to pay its debts as 166 Page 4 of 33 they become due; 2) files or has filed against it a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; 3) makes or seeks to make a general assignment for the benefit of its creditors; or 4) applies for or has appointed 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. Expiration. Provider must notify the City 90 days in advance of this Agreement’s expiration date. e. Effect of Expiration or Termination. No expiration or termination will affect the City's obligation to pay all Fees that may have become due before such expiration or termination or entitle the City to any refund. 4. Scope of Services. Provider must perform the work and provide the services in accordance with the requirements of the Scope of Services, attached as Exhibit A. For conflicts between this Agreement, the Scope of Services, or Exhibit C Service Level Agreement, unless specifically provided otherwise, this Agreement governs. 5. Access and Use. a. Provision of Access to Services. Subject to and conditioned on the City's payment of fees and compliance with the terms and conditions of this Agreement, Provider grants the City a non-exclusive, non-transferable license to the Services during the Term. This license to the Services is solely for use by the City and its Authorized Users and must be accessed and used in accordance with the terms and conditions set forth in this Agreement. Unless otherwise agreed upon and detailed in the Scope of Services, such access and use is limited to the City's internal use. If applicable, Provider must provide to the City the necessary passwords and network links or connections to allow the City to access the Services. b. Documentation License. Subject to the terms and conditions contained in this Agreement, Provider grants to the City a non-exclusive, non-sublicensable, nontransferable license to use the Documentation during the Term solely for the City's internal business purposes in connection with its use of the Services. c. Designated Authorized Users. The City may designate the number of Authorized Users permitted to access the Services. d. Reservation of Rights. Provider reserves all rights not expressly granted to the City in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the City or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP. e. Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend the City's and any Authorized User’s access to any portion or all of the Services if: 167 Page 5 of 33 i. Provider reasonably determines 1) there is a threat or attack on any of the Provider IP; 2) the City's or any Authorized User’s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other the City or vendor of Provider; 3) the City, or any Authorized User, are using the Provider IP for fraudulent or illegal activities; or 4) Provider’s provision of the Services to the City or any Authorized User is prohibited by applicable law; ii. any vendor of Provider has suspended or terminated Provider’s access to or use of any third-party services or products required to enable the City to access the Services; or in accordance with Section 5(a)(iii) (any such suspension described in subsection (i), (ii), or (iii), a “Service Suspension”). Provider must use commercially reasonable efforts to provide written notice within five (5) business days prior to any planned Service Suspension to the City and provide updates regarding resumption of Services following any Service Suspension. Provider must use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider may be subject to liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the City or any Authorized User may incur as a result of a Service Suspension. f. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor the City's use of the Services, and collect and compile Aggregated Statistics. As between Provider and the City, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. The City acknowledges that Provider may compile Aggregated Statistics based on the City's Data input into the Services. The City agrees that Provider may: 1) make Aggregated Statistics publicly available in compliance with applicable law, and 2) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify the City or the City's Confidential Information. 6. The City's Responsibilities. a. The City is responsible for all uses of the Services and Documentation resulting from access provided by the City, directly or indirectly. The City must use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and must cause Authorized Users to comply with such provisions. b. Unless otherwise agreed, the City is responsible for creating and modifying its data into the Services, and keeping the City’s data into the Services current and accurate. c. The City must reasonably cooperate with Provider’s performance of Professional Services. The City recognizes and agrees that performance of Professional Services is contingent upon the City’s cooperation and as set forth in Paragraph 7. d. The City may test the Provider’s Services in a live production environment to ensure that it conforms to the specifications set forth in this Agreement and all Exhibits. Upon 168 Page 6 of 33 acceptance, the City must pay the Provider in accordance with the Scope of Services. See attached Exhibit A. If the City determines that the Services do not meet the specifications set forth in this Agreement and all Exhibits, upon 60 days of receiving written notice of such deficiencies, the City may terminate this Agreement if the Provider does not cure the deficiencies. Provider must refund the City all sums already paid within five (5) business days. Such termination and refund does not bar the City from pursuing other remedies available under the Agreement or law. 7. Provider’s Obligations. To induce the City to enter into this Agreement, Provider makes the following representations: a. Provider has familiarized itself with the nature and extent of this Agreement, all exhibits including but not limited to 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. Provider represents and warrants to the 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 must 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. c. Provider must ensure the Services delivered under this Agreement are adequately secure, and must provide a secure environment for all of the City’s Confidential Information, which may include, but is not limited to any hardware and software (including servers, network and data components) to be provided or used by the Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and at all times will remain in compliance with all applicable laws and regulations governing Provider’s access to, use of, and handling of the City’s Data. d. If Provider creates a new version of the Services, it must make the new version available to the City at no additional cost. Provider must also provide the City with any additional features or functionalities of the Services that it may develop at no additional cost to the City. 8. Security. Provider must provide a secure environment for all of the City’s Confidential Information and any hardware and Software (including servers, network and data components) to be provided or used by Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and will at all times remain in agreement with the industry’s minimum standards. Provider’s failure to comply with the industry’s minimum standards in fulfilling its obligations under this Agreement constitutes a breach of this 169 Page 7 of 33 Agreement. Additionally, Provider must contractually require any subcontractors or agents with access to the City’s Confidential Information to adhere to such Security Best Practices. 9. Indemnity/Waiver of Claims/Insurance. For other than professional services rendered, to the fullest extent permitted by law, Provider 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 Provider; or (ii) any negligent, reckless, or intentional misconduct of any of the Provider’s agents. For the professional services rendered, to the fullest extent permitted by law, Provider 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 Provider or Provider’s agents or employees. Such obligations must 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). Provider’s indemnity under this Section must 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 Provider to assert its right to defense or indemnification under this Agreement or under the Provider’s applicable insurance policies required below, the City must 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 Provider 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. Provider 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 must survive termination of this Agreement and the services performed hereunder. 170 Page 8 of 33 In addition to and independent from the above, Provider must at Provider’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 Provider in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by the Provider in this Section. The insurance must 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. Provider must 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; ● Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and ● Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate. The above amounts must be exclusive of defense costs. The City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, Automobile Liability, and Cyber Liability policies. The insurance and required endorsements must be in a form suitable to City and must include no less than a thirty (30) day notice of cancellation or non-renewal. Provider must notify City within two (2) business days of Provider’s receipt of notice that any required insurance coverage will be terminated or Provider’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Provider commencing work. 10. Audit Right. Provider will make available, upon written request, a copy of its most recent SOC 2 Type II report or equivalent third-party security assessment, if such a report is available. If no such report exists, Provider will respond in good faith to the City’s reasonable written security inquiries, subject to mutual confidentiality obligations. If requested by the City, Provider will permit one (1) annual security review of its information security policies and procedures, subject to at least thirty (30) days’ advance written notice and mutual agreement on the scope, method, and timing of the review. Such review shall not include vulnerability scans, penetration testing, or access to production environments unless separately agreed to in writing by the Provider. Provider or its nominee (including its accountants and auditors) may, on reasonable request, inspect and audit the City's use of the Services under this Agreement at any time during the Term. The City must make available all books, records, equipment, information, and personnel, and provide all such 171 Page 9 of 33 cooperation and assistance, as may reasonably be requested by or on behalf of Provider with respect to such audit. 11. General Use Restrictions. Copies of the Services created or transferred pursuant to this Agreement are licensed and may only be used as set forth in this Agreement. The City does not receive any rights to the Services other than those specifically granted in this Agreement and its incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement, the City and its authorized users must not directly or indirectly copy or reproduce all or any part of the Services, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, without Provider’s prior written permission. However, notwithstanding this restriction, the City has the right to reproduce and distribute any of the Services generated from the City’s Data. Without limiting the above restriction and right, the City receives no right to and must not: a. copy, modify, create derivative works from, distribute, publicly display, or publicly perform the Application; b. sublicense or otherwise transfer any of the rights granted to it in this Agreement and the Scope of Services; c. reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Application; d. remove any proprietary notices from the Services or Documentation; or use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. 12. Independent Contractor Status/Labor Relations. The Parties agree that Provider is an independent contractor for purposes of this Agreement and is not considered a City employee for any purpose. Provider 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. Provider is not authorized to represent the City or otherwise bind the City in any dealings between Provider and any third parties. 13. Resources and Support. Provider must, throughout the Term, make available such resources, including Provider personnel, as are reasonably required to: a. train designated employee(s) of the City in the use of the Services; b. support the obligations of the City provided in Paragraph 6; c. develop modifications to the Services as agreed to by the Parties in any exhibit attached to this Agreement; and d. Provider must provide technical support to the City as described in Exhibit A, Scope of Services, for the duration of this Agreement. 14. Transition Assistance. The Provider must provide transition assistance to the City when requested in writing. Upon termination of this Agreement for any reason, including but not limited to termination for cause, the Provider must assist the City in the orderly transition to a new Provider. The City will retain a right to access and retrieve its data in a commonly used, machine- readable format for a period of ninety (90) days. This Agreement does not grant the City any ownership rights in or to the Provider’s software, source code, object code, or proprietary 172 Page 10 of 33 application(s), and the City acknowledges that all such rights are and shall remain the exclusive property of the Provider. 15. Limitation of Liability. The Provider's liability for contract damages is limited to direct damages. The Provider must not be liable for special, incidental, consequential, punitive, or indirect damages. Damages caused by injury to persons or tangible property, or arising from any Provider indemnification under this Agreement, are not subject to a cap on the amount of damages. 16. Fees and Payment. Fees. The City must pay Provider the fees and make all payments as set forth in the Scope of Services, without offset or deduction. See attached Exhibit A. Any alteration or deviation from the described Services that involves additional costs above the Agreement amount will be performed by Provider only upon receiving a written request from the City. Any alteration or deviation from the Services will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing before Provider bills for any additional charges. All Fees and other amounts payable by the City under this Agreement are exclusive of taxes and similar assessments. The City is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by the City as set forth in this Agreement, other than any taxes imposed on Provider’s income. 17. Confidential Information. a. From time to time during the Term, a Party to this Agreement may disclose or make available to the other Party Confidential Information, as defined in Section 1 of this Agreement, about its business affairs. The receiving Party must not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s Authorized Users who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations established in this Agreement. b. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: i in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order must first have given written notice to the other Party; ii to establish a Party’s rights under this Agreement, including to make required court filings; or c. Unless otherwise required by law, each Party must not disclose Confidential Information to any other third party not otherwise identified in this agreement without the other Party’s prior written consent. Each Party’s obligations of nondisclosure with regard to Confidential Information are effective as of the Effective Date, and survive this Agreement and do not terminate. However, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this 173 Page 11 of 33 Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. d. Each Party must protect Confidential Information with the same degree of care it uses to protect its own Confidential Information with of similar nature and importance, but with no less than reasonable care. Each Party agrees to promptly notify the other Party if there is a misuse or misappropriation of Confidential Information. 18. Intellectual Property Ownership; Feedback. a. Provider IP. The City acknowledges that, as between the City and Provider, Provider owns all right, title, and interest in and to the Offering, the Services, and all Deliverables (excluding any embedded City Data), all Aggregated Statistics, and all related intellectual property, including modifications, enhancements, or derivative works, where or not suggested or requested by the City. No rights are granted to the City hereunder other than as expressly set forth in this agreement. b. The City's Data. Provider acknowledges that, as between Provider and the City, the City owns all right, title, and interest, including all intellectual property rights, in and to the City's Data. The City grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City's Data and perform all acts with respect to the City's Data as may be necessary for Provider to provide the Services to the City. The City also grants to Provider a nonexclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, host, store, and otherwise use and display the City's Data incorporated within the Aggregated Statistics and to improve the Offering in aggregate, de-identified form. Any such use will not disclose personally identifiable information or identify the City. c. Feedback. If the City or any of its Authorized Users sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or related functionality, or any comments, questions, suggestions, or the like (“Feedback”), Provider may use the City’s Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. The City retains all right, title, and interest in the Feedback. d. Aggregated Statistics. The Provider may create and use Aggregated Statistics derived from City Data and system usage, provided that such data is anonymized and does not identify the City or its users. Aggregated Statistics shall be owned solely by the Provider and may be used to enhance, benchmark, and develop the Offering e. Deliverables. As between the City and the Provider, the Provider retains ownership of all Deliverables developed in connection with this Agreement, subject to the City’s right to use such Deliverables solely for its internal business purposes. 174 Page 12 of 33 19. Data Location. Provider must not transfer the City’s Data outside of United States or the Provider’s location as identified in the first paragraph of this Agreement unless it receives the City’s prior written consent or unless the transfer is to the Provider’s data center and such transfer is necessary for the execution of the Services. 20. Access to Data. The City may access and copy any of the City’s Data in Provider’s possession at any time. Provider must reasonably facilitate such access and copying promptly after the City’s request. In this instance, Provider may charge its reasonable standard fees for any such access and copying or for any fees related to the de-conversion of data. 21. Deletion of Data. Except as authorized by applicable law, Provider must not erase the City’s Data or any copy without the City’s prior written consent. 22. Data Incidents. Provider must implement and maintain a program for managing unauthorized disclosure of, access to, or use of the City’s Data. In case of a Data Incident, Provider must notify the City, in writing or by phone, within 48-hours of the incident. Provider must cooperate with the City and law enforcement agencies to investigate and resolve the Data Incident, including but not limited to providing reasonable assistance to the City in notifying injured third parties. In addition, if the Data Incident results from Provider’s breach of this Agreement as a result of the Provider’s gross negligence or willful misconduct, Provider must compensate the City for any reasonable, documented, and direct expenses incurred solely due to such incident, up to a maximum of an amount equal to the total fees paid to the Provider under this Agreement in the twelve (12) months preceding the incident. Provider will work in good faith with the City to determine whether credit monitoring or other remedies are appropriate and required by law. Provider must give the City prompt access to such records related to a Data Incident subject to applicable confidentiality obligations and security controls. See also Ex. C, ¶ 4, “Incident Response” for additional terms related to data incidents. 23. Functional Warranty. Provider warrants that the Application and Services, including any modifications that are made by Provider or under Provider’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. Provider further warrants that all post-Acceptance updates, alterations, or modifications to the Services will not materially diminish the features or functionality of the Application and Services. Provider must promptly correct any errors identified by the City in the Application and in any modification to the Application at no cost to the City. If, Provider is unable to correct such errors within 30 days following notification by the City, then Provider must at the City’s request accept return of the Application and return all money paid for the Application and maintenance. The City may also pursue any other remedies available to it under this Agreement or by law or equity. 24. Virus Warranty. Provider warrants that it has used commercially reasonable efforts to ensure against introduction of any virus into the City’s systems. Provider must immediately advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a Virus. If a Virus is found to have been introduced into the City’s systems by the Services within 30 days after the Effective Date of this Agreement, Provider must repair or replace the Services within ten (10) business days. If Provider cannot accomplish the foregoing within such 175 Page 13 of 33 time, then the City must discontinue use of the Services, and Provider must refund all money paid for the Services and maintenance as set forth in the Scope of Services. See Exhibit A. Provider must use all reasonable commercial efforts, at no additional charge, to assist the City in reducing the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to assist the City to the same extent to mitigate and restore such losses. In addition, Provider must indemnify, defend and hold the City harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting from any such Viruses. The limitation of liability described in Paragraph 15 does not apply to this indemnification obligation. 25. Remedy for When Services are Subject of a Claim. If any Services furnished are likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then the Provider may request the City accept an alternative Service and the City may agree to one of the following alternative Services: 1) procure for the City the right to continue using the alleged infringing Services; 2) modify the Service so that it becomes non-infringing; 3) or replace it with one that is at least functionally equivalent. If the Provider is unable to any of the above three remedies, or if the use of the Services by the City is prohibited by an injunction, temporary restraining order, or other court order, the City must return the Services to the Provider within five (5) days of receiving Provider’s request in writing. The Provider must then give the City a credit equal to the amount paid to the Provider for the creation of the Services. The City is not precluded from seeking other remedies available agreed upon in this Agreement or in equity or law for any damages it may sustain due to its inability to continue using the Services. The Limitations of Liability set forth in Paragraph 15 of this Agreement does not apply to Provider’s obligations under this Section and the City’s right to seek additional remedies arising from Provider’s ‘infringement of a third party’s IP Rights. 26. Representatives and Notices. a. City’s Representative. The City’s Representative for the purpose of this Agreement must be Taylor Lonsdale or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Provider 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. Provider’s Representative. The Provider’s Representative for the purpose of this Agreement must be a Vice President or more senior representative from Citian or such other individual as Provider must designate in writing. Whenever direction to or communication with Provider is required by this Agreement, such direction or communication must be directed to Provider’s Representative; provided, however, that in exigent circumstances when Provider’s Representative is not available, City may direct its direction or communication to other designated Provider personnel or agents. 176 Page 14 of 33 c. Notices. All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices must 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. 27. Miscellaneous. a. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, including the Cloud Services Questions, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: 1) this Agreement, excluding its Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other documents incorporated herein by reference. b. Permits. Provider must 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. c. Laws and Regulations. Provider must 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 nondiscrimination, affirmative action, and utilization of minority and small business statutes and regulations. d. Nondiscrimination and Equal Pay. Provider agrees that all hiring by Provider of persons performing this Agreement must be on the basis of merit and qualifications. Provider will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Provider 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. Provider must 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. 177 Page 15 of 33 Provider 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). Provider must report to the City any violations of the Montana Equal Pay Act that Provider has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Provider must require these nondiscrimination terms of its subcontractors providing services under this Agreement. e. Force Majeure. In no event must a Party to this Agreement be liable to another Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond one Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. f. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. Provider must 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. Provider acknowledges it is aware of and must 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. The City must have the right to request proof of such compliance and Provider must be obligated to furnish such proof. The Provider must be responsible for instructing and training the Provider’s employees and agents in proper and specified work methods and procedures. The Provider must provide continuous inspection and supervision of the work performed. The Provider is responsible for instructing its employees and agents in safe work practices. g. Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Provider may not subcontract or assign Provider’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. h. Reports/Accountability/Public Information. Provider agrees to develop and/or provide documentation as requested by the City demonstrating Provider’s compliance with the requirements of this Agreement. Provider must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Provider pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Provider must not issue any 178 Page 16 of 33 statements, releases or information for public dissemination without prior approval of the City. i. 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. j. 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 must 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. k. Taxes. Provider is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. l. Dispute Resolution. i. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must 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. ii. 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. m. Survival. Provider’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. n. 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. o. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof must continue in effect. p. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. q. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. r. 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. 179 Page 17 of 33 s. 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. t. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. u. Consent to Electronic Signatures. The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. PROVIDER City of Bozeman By: _______________________________ Name: Steven Hough Title: CEO, Citian, Inc By: _______________________________ Name: Chuck Winn Title: City Manager, City of Bozeman 180 Page 18 of 33 Exhibit A Scope of Services Provider will be deploying its CRASH™ (Crash Reduction through Analysis of Safety Hazards) software for the City . CRASH™ leverages machine learning, natural language processing, advanced data analytics, and decades of engineering know-how to help government clients meet traffic safety goals. CRASH™ has been fine-tuned to understand raw traffic crash report data and improve their quality and reliability using automated Artificial Intelligence/Machine Learning (AI/ML) algorithms. CRASH™ uses this foundation of quality crash data to produce instant analysis and data-driven decision support on safety programming at a network level as well as specific study locations. CRASH™ will include: • Real-Time Accurate Data: CRASH™ instantly audits and refines new crash reports with up to 98% accuracy • Complete Project Evaluation: Assess and share safety outcomes of new construction projects with instant before-and-after studies • Interactive Data Exploration: Pivot seamlessly between integrated search methods such as query, mapping, and reporting • User-Friendly Analysis and Summaries: Navigate live dashboards, AI-driven predictive analytical tools, and one-click, auto-generated reporting • Benchmarking and Goal Setting: Track key federal reporting measures and progress toward local and state policy goals such as HSIP and SHSP • Instant Audits and Alerts: Collaborate easily with up-to-date crash insights, temporal analysis, and alerts for high-priority outcomes • Data-Driven Decision Support: Guide programming recommendations using automatic HSM countermeasures, CMF benefit/cost reports, collision diagrams, and more • Full Environmental Data Immersion: Take a Complete Streets approach integrating diverse data, like equity analysis, ADA compliance, or lighting photometrics to provide context • Crash Query Tool Kit: Investigate crash patterns or locations in your jurisdiction with flexible queries considering all relevant safety and location data • Real-time, Digital Twin Geomapping: Gain immediate line-of-sight into historical and predictive crash patterns mapped directly onto the built environment Provider’s CRASH™ (Crash Reduction through Analysis of Safety Hazards) software will serve the City through the duration of this agreement adhering to Exhibit C and all features listed in Exhibit A. All services rendered for the execution of this software and all additional aspects of software delivery beyond the license agreement will be mutually agreed upon or as permitted by the license agreement. Scope Description: Provider will work directly with Taylor Lonsdale to deliver its CRASH software. Provider will work with the City of Bozeman to schedule a Project Kickoff meeting, where Provider and City of Bozeman will discuss the details of the project. Following Project Kickoff Meeting, there will be a data exchange process, where Provider will work with the City of Bozeman to tap into all crash data necessary to build the CRASH platform, as well as include other datasets the City wants to incorporate into the software. Provider will provide a comprehensive Base Data and Crash Data 181 Page 19 of 33 checklist, which the City of Bozeman Project Managers may review and advise on as desired. Provider has experience accessing crash data through a variety of methods, including a secure established application programming interface (API) into current crash databases. Provider will utilize at least five years of previous crash data from the City to build the initial environment and train algorithms in data trends across the City of Bozeman. Provider will also work to incorporate other dynamic datasets, such as data on segments and intersections, Complete Streets context with locations of schools and transit stops; demographic datasets such as census demographics, jurisdictional breakdowns of the City; roadway conditions such as traffic enforcement cameras, and streetlights, to make the system holistic and robust. Additional data outside of the base data checklist that is of interest to The City may also be identified during this period. A Customizations and Localization Workshop will be scheduled within the first1-2 months, where Provider and participating planners, engineers, and GIS employees will meet to discuss desired customizations to the tool. Provider will incorporate these ideas before the final development and delivery of the tool. A majority of the coordination for this project may be handled via email, outside of the initial Project Kickoff Meeting and the Customizations and Localization Workshop. Provider Account/Project Managers are available for ad-hoc meetings with The City employees throughout the buildout period and duration of the subcontract if desired. Provider and the City will set an agreed-upon go-live date, targeting 2-3 months after Provider receives all of the necessary data to create the tool. The week of the go-live date, Provider will provide two days of in-person onboarding and training in the CRASH tool, if desired by the City. Training will consist of custom demonstrations, individual assistance, workflow training, and workshops. Unlimited users from the City will have access to the City CRASH environment. Onboarding may also be handled via virtual meetings if preferred. The 12-month contract term will commence upon system launch for the City. Following launch, Provider will provide ongoing support and continued account support for the life of the pilot. Targeted Schedule: Full buildout of the CRASH tool to be complete 2-3 months after Provider receive all data necessary (historical crash data, necessary base data layers). 182 Page 20 of 33 Exhibit B Order Form (Attached Separately) 183 Page 21 of 33 Exhibit C Service Level Agreement 1. Service Availability 1.1 Measure. The Offering will be available 99.5% of the time (24x7x365), except as provided below. Offering availability will be calculated per calendar quarter, as follows: total – nonexcluded - excluded > 99.5% total - excluded Where: total means the total number of minutes for the quarter nonexcluded means downtime that is not excluded excluded means the following: o Any planned downtime of which Citian gives 8 hours or more notice. Citian will use commercially reasonable efforts to schedule all planned downtime during non-peak usage times (i.e., the hours from 6:00 p.m. Friday to Sunday midnight, U.S. Eastern Time). o Any unavailability caused by circumstances beyond Citian's reasonable control, including without limitation, a Force Majeure Event. o Any unavailability as a result of (i) non-compliance by the City with any provision of this SLA; (ii) incompatibility of the City’s equipment or software with the Offering; (iii) actions or inactions of the City or third parties; (iv) the City’s use of the Offering after Citian has advised the City to modify its use of the Offering, if the City did not modify its use as advised; (v) acts or omissions of the City or the City’s employees, agents, contractors, or vendors, or anyone gaining access to the Offering by means of the City’s passwords or equipment; (vi) performance of the City’s systems or the Internet; (vii) any systemic Internet failures; or (viii) network unavailability or the City’s bandwidth limitations. o For purposes of the availability calculation, “downtime” means a measurement interval during which time the Offering is not responsive to an automated request ("Monitoring Transaction") generated by Citian's monitoring software. Measurement intervals for Monitoring Transactions are no more than five (5) minutes on a 24X7 basis. Monitoring Transactions used for the availability calculation include network and application availability requests. The monitoring process does not cover every feature of the Offering. With respect to such features, Citian will investigate any suspected availability problem reported by the City or which it otherwise becomes aware of and take commercially reasonable efforts to correct any such issues that can be verified by Citian. o For any partial calendar quarter during which the City subscribes to the Offering, availability will be calculated based on the entire calendar quarter, not just the portion for which the City subscribed. 184 Page 22 of 33 1.2 Remedies: Should Citian fail to meet 99.5% availability of the Offering for a calendar quarter, the City shall have the option of one (but not both) of the following. First, the City may continue to use the Offering but receive credit for one full day of the Offering subscription usage (as of the end of the quarter in which the failure occurred), for each full or partial hour of Offering unavailability below 99.5%. Any such credit shall be applied to the City's next invoice (or refunded if there are no forthcoming invoices). Second, if Citian fails to meet 98% availability of the Offering for a calendar quarter, the City may terminate its Agreement with Citian for cause and stop using the Offering, in which case Citian will refund to the City any prepaid fees for the remainder of the Term after the date of termination. The remedies specified in this “Remedies” section shall be the sole remedies available to the City for breach of this SLA. 1.3 Reporting and Claims: To file a claim under this SLA, the City must send an email to info@citiansolutions.com with the following details: Billing information, including company name, billing address, billing contact and billing contact phone number Downtime information with dates and time periods for each instance of downtime during the relevant period An explanation of the claim made under the Agreement, including any relevant calculations. Claims may only be made on a calendar quarter basis within 30 days of the end of the relevant quarter, except for periods at the end of the Agreement that do not coincide with a calendar quarter, in which case the City must make any claim after the end of its Agreement. All claims will be verified against Citian's system records. 2. Return of the City Data. Upon termination or expiration of the Agreement, Citian shall (i) ensure that the City has access to the City Data from the Offering for a period no more than ninety (90) days for the production environment and the sandboxes. In no event may Citian preclude the City from retrieving the City Data after the expiration or termination of the Agreement. See also Agreement, ¶ 13, “Transition Assistance” for additional related terms. 3. Support Management. Citian will provide complete system support for Offering including standard and the City-specific configurations and customizations and all future releases of system updates and new features. Coverage parameters specific to the services covered in this Agreement are as follows: 24 hours per day, 7 days per week, 365 calendar days per year technical application support (subject to the limitations set forth herein); Telephone support: 8:00 AM to 6:00 PM Eastern Time, Monday through Friday; Email support: 8:00 AM to 6:00 PM Eastern Time, Monday through Friday; 185 Page 23 of 33 Calls or emails received out of regular business hours will be forwarded to the mobile telephone of the assigned Citian Client Support Lead; The Citian Service Desk will provide emergency support outside of regular business hours for critical requests (for example, Offering software system experiences unplanned downtime or is otherwise unavailable or a software feature is unavailable); For non-critical requests received outside of regular business hours, the Citian Service Desk will respond as soon as possible during regular business hours and take the appropriate action(s) as described in this Agreement; See Citian Service Desk published policy for further information regarding support request management, defect handling, recurring issues identification and escalation procedures, outage resolution and disaster recovery; Any outages or planned downtimes in relation to the Citian Service Desk will be in line with the service support and availability SLA as set out in this Agreement; and The Citian Service Desk shall provide access to the City’s service, tickets, and outage data and details for report creation and data export. 4. Incident Response. 4.1. Upon discovery or reasonable belief of any data breach or security threat (“Data Breach”) to the Offering software system’s integrity or the City’s data, Citian will provide notice, by telephone and email, to the City within 24 hours of said Data Breach or after Citian reasonably believes there has been such a Data Breach. 4.2 To the extent known at the time of notification, Citian’s notice shall include: the nature of the Data Breach; o the data accessed, used or disclosed; o the person(s) who accessed, used, disclosed or received data (if known); o what Citian has done or will do to quarantine and mitigate the Data Breach; and o what corrective action Citian has taken or will take to prevent future Data Breaches. 4.3 Citian will provide daily updates, or more frequently if required by the City, regarding findings and actions performed by Citian until the Data Breach has been effectively resolved to the City’s satisfaction. Citian shall quarantine the Data Breach, ensure secure access to data, and repair the Offering as needed in accordance with this SLA. Failure to do so may result in the City exercising its options for assessing damages or other remedies under this Agreement. 4.4 Citian shall investigate the Data Breach and share the report of the investigation with the City. The City or its authorized agents shall have the right to lead (if required by law) or participate in the investigation. Citian shall cooperate fully with the Agency, its agents and law enforcement. 4.5. Citian will respond to the City’s requests for support services regarding Offering in accordance with the procedures identified below. In each case, the City may describe and submit service request by telephone or email to the Citian Service Desk in accordance with Section 3 of this SLA: The Citian Service Desk escalates all Incident Requests to the Citian Support Team for immediate resolution. The Citian Service Desk will acknowledge the Incident Request within 15 minutes and immediately notify the Citian Support Team for Action. 186 Page 24 of 33 5. Service Performance. 5.1 Response Time. Citian represents and warrants that 95 percent of all transactions shall process at a mutually agreed upon time threshold. The City retains the right to use a third- party service to validate the performance of Citian’s response times. 5.2 Concurrent Users. Citian represents and warrants that the performance service levels set forth in this Agreement shall be valid up to an unlimited number of users using the Offering at any given time. 5.3 Service Architecture. Citian shall provide the City with detailed architectural diagrams upon written request from the City. The architectural diagrams will include without limitation: servers, hardware, software solution (operating system, application servers, databases, identity repository) and network architecture (dataflow diagram, firewalls, proxies, IDS/IPS). Citian shall allow City reasonable access to review such architecture. 6. Service Maintenance. 6.1 Given the software-as-a-service (SaaS) model of Offering, Citian will provide the City with the latest and generally available supported version of Offering, including all maintenance patches, software upgrades and new features, at no additional cost for the lifetime of the Order Form or SOW. 6.2 Citian will schedule and perform standard maintenance services including planned critical security and maintenance patch releases during non-peak hours outside of regular business hours (for example, midnight (12am) Eastern Time) or during weekends (“Standard Maintenance Window”). Citian will coordinate with the City to develop a mutually agreed standard maintenance schedule. 6.3 The Citian Service Desk welcomes feature requests from clients. The City or its employees, contractors or agents who are Authorized Users of Offering may provide Citian with such requests by email. Citian will consider all feature requests for utility, functionality and feasibility. 6.4 Citian will document all critical security patches, maintenance patches and release management standards, provide standard and emergency maintenance services and apply all critical security and maintenance patches to Offering. Citian will provide written guidance by email to the City describing any significant updates to Offering. Updated system documentation will be provided to The City via the Offering in-application help documentation and by email. 6.5 Citian shall provide 48 hours advance notice to the City of any scheduled maintenance downtime that will occur outside of the Standard Maintenance Window outlined above. In case of emergency, Citian shall use its best efforts to notify the City by telephone and email of any planned downtime as soon as practicable. 187 Page 25 of 33 7. Data Management. 7.1 Citian will provide robust data management services to transmit, retain, store, delete and otherwise handle the City’s data. 7.2 Data Processing and Hosting. Citian will ensure production data is not used outside of the production environment. Citian will notify The City at least 90 days prior to any relocation of the City’s data to a different hosting facility. The City reserves the right to terminate the Agreement without penalty if The City objects to the new hosting facility. All the City data will be kept for the mutually agreed upon number of years or as otherwise required by applicable laws, rules and regulations. 7.3 Data Storage and Disposal. Citian shall retain all the City data until the City deletes or requests deletion of the City’s data or for a minimum number of years as mutually agreed or such other time period required by applicable laws, rules and regulations or as otherwise mutually agreed to by the parties in this Agreement. Citian shall store the City data in a non-proprietary format as mutually agreed upon between Citian and the City. At the City’s election, Citian will either securely destroy or transmit to the City’s repository any backup copies of the City’s data. 7.4 Data Backup. Citian shall provide geographically disparate storage on a daily basis of all backup discs, data or materials of any type whatsoever produced in whole or in part in connection with or relating to the performance by Citian of its obligations under this Agreement (including without limitation any discs, tapes, other storage media, work papers and partial drafts of documentation code). Citian shall use appropriate and reliable storage media. Citian shall regularly backup the City’s data and retain such backup copies for a minimum time period as mutually agreed or otherwise required by applicable laws, rules or regulations. 7.5 Discovery (Legal Proceedings). If Citian receives a request that may be reasonably interpreted as requiring access to the City’s data or the City’s use of the Offering, Citian shall provide notice by telephone and email to the City, unless prohibited by law from providing such notice. Citian shall provide such notice within 48 hours of receiving the request. Citian shall not respond to subpoenas, service of process, Public Records Act requests or other legal requests directed at Citian regarding this Agreement without first notifying the City, unless prohibited by law from providing such notification. Where Citian is allowed to provide such notification, Citian shall provide its intended responses to the City with adequate time for the City to review, revise and, if necessary, seek a protective order in a court of competent jurisdiction. Citian shall not respond to legal requests directed at the City unless authorized in writing to do so by the City. 188 Page 26 of 33 8. Information Security. 8.1 Citian will employ the latest and industry-leading cybersecurity and data security practices and policies as set out in this section. 8.2 Data Security. Citian assumes responsibility for the security and confidentiality of the City data under its control. Citian shall (i) certify the sufficiency of its security standards, tools, technologies and procedures in providing Offering under this Agreement; (ii) undergo an annual Standards for Attestation Engagements (SSAE) Service Organization Control (SOC) 2 Type II audit or equivalent such as ISO 27001 for Citian’s Control Environment. Citian shall provide the City with results of such audit and Citian’s plan to correct any negative findings within seven (7) calendar days upon Citian’s receipt of such audit results; and (iii) provide the City with detailed description of the audited Control Environment. If the City determines the Control Environment is not satisfactory, the City may request that Citian correct any deficiencies. Citian maintains a security and privacy program designed to comply with the security control families defined in NIST SP 800-53 Rev. 5 and aligns with FedRAMP Moderate Authorization equivalent standard. Citian is SOC 2 Type I certified [Month 2025] and Type II certified [Month 2025]. Certification reports will be made available to the City upon request under an NDA. 8.3 Citian shall implement and at all times during this Agreement maintain all appropriate administrative, physical, technical and procedural safeguards in accordance with this section to secure the City’s data from any Data Breach, protect the data and Offering from any hacks or known or reasonably known security threats, including the introduction of viruses, disabling devices, malware or other forms of malicious or inadvertent acts that can disrupt the City’s access to its data. 8.4 Citian shall allow the City reasonable access to Offering’s security logs, latency statistics and other related security data that affect this Agreement and the City’s data. 8.5 Citian shall not copy, modify, destroy or delete any the City’s data other than for normal operations or maintenance of Offering during the Term without prior written notice and written approval of the City. 8.6 Data Encryption/Handling PII. Information designated as sensitive including personally identifiable information (PII) shall be encrypted end-to-end while it is transit and at rest. Citian shall encrypt data using the most current Federal Information Processing Standard (FIPS) 140-2 validated cryptographic modules and the current Advanced Encryption Standard algorithm with respect to data that is at rest or in motion. 8.7 Confidentiality. Citian and the City shall handle Confidential Information in accordance with the terms of this Agreement. 9. Service Reliability. 9.1 Citian will take all necessary steps to ensure business continuity in the event of disaster or catastrophic failure as set out in this section. 189 Page 27 of 33 9.2 Citian shall use appropriate and reliable storage media for Data Backup. 9.3 Citian commits to an RPO of four (4) hours and RTO of twelve (12) hours or as otherwise mutually agreed between Citian and the City. In other words, when unscheduled downtime occurs, Citian will resume service with data matching what the Offering software system contained at some point within the four (4) hours preceding the unscheduled downtime. Additionally, the Offering system cannot be down for longer than twelve (12) hours during unscheduled downtime. 9.4 In the event of disaster or catastrophic failure that results in significant data loss or extended loss of access to data (“Data Loss”), Citian shall notify the City with by telephone and email within 24 hours of such Data Loss or after Citian reasonably believes there has been such disaster or catastrophic failure. In the notification, Citian shall inform the City of: the scale and quantity of the Data Loss; what Citian has done or will do to recover the data and mitigate any deleterious effect of the Data Loss; and what corrective action Citian has taken or will take to prevent any future Data Loss. Citian shall restore continuity of the Offering, restore data in accordance with the RPO and RTO set forth in this SLA, restore accessibility of data and repair the Offering as needed to meet the performance requirements under this SLA. Failure to do so may result in the City exercising its option for assessing damages or other remedies under this Agreement. Citian shall investigate such disaster or catastrophic failure and share the report of the investigation with the City. The City or its authorized agents shall have the right to lead (if required by law) or participate in the investigation. Citian shall cooperate fully with the City, its agents and law enforcement. 190 Page 28 of 33 Exhibit D of SaaS Agreement Master Subscription Agreement This Master Subscription Agreement is entered into on May 5th, 2026 (“Effective Date”) by and between Citian, Inc., a Delaware corporation with its principal place of business at 99 M Street, SE, Suite 755, Washington, DC 20003 (“Citian”), and City of Bozeman, Montana (“the City”). 1. Offering Usage Rights. 1.1 General Rights. Through the expiration or termination of the Agreement, Citian grants to the City a limited, non-transferable, non-exclusive right to access and use the features and functionality of the Offering and Offering documentation for the City’s internal business purposes. The Offering shall be made available to the City as a service that the City may access and use for the Subscription Term set out in an Order Form(s). Citian will host and retain physical control over the Offering and make the Offering available through the Internet for access, use and operation by the City through a web browser. Other than as specifically set forth above and unless otherwise agreed to by Citian in writing, no provision under this Agreement shall obligate Citian to deliver or otherwise make available any copies of computer programs or code from the Offering to the City, whether in object code or source code form. 1.2 General Restrictions. See Agreement, ¶ 11. 1.3 Use By Authorized Users. Subject to the usage limitations described below, the City may allow Authorized Users to access and use the Offering solely for the City’s internal business purposes. The obligations and limitations as to the City that are set forth in this Agreement also apply to Authorized Users that are provided access to the Offering. The City is responsible for ensuring that its employees, any third parties and its Authorized Users (and their employees) are aware of and comply with the terms of this Agreement. Any breach of this Agreement by such entities or individuals shall be deemed to be a breach by the City and the City is liable for such breaches. 1.4 Usage Limitations. Each Order Form may set forth a user limit or other usage limitation. Use of the Offering by the City is restricted to the number and type of users (or such other usage limitation) as set forth in the Order Form. A user means an individual human being and may be an employee, consultant, contractor or agent of the City or an Authorized User. User rights are granted for a specific time period as set out in an Order Form and use of the Offering by the City is limited to such time period (“Subscription Term”). User rights may be transferred from one person to another person by the City, but user rights may not be shared or used concurrently by more than one person at a time. 2. Order Forms. The Offering ordered by the City shall be listed in a mutually executed ordering document on Citian’s form (“Order Form”). 191 Page 29 of 33 Each Order Form will specify the specific Offering application(s) ordered, the fees and the payment terms for use of the Offering. The Subscription Term for each Order Form commences on the start date specified in each Order Form and continues for the term specified therein. Each Order Form during the Term is governed by the terms of this Agreement. In the event of a conflict or discrepancy between the terms of an Order Form and the terms of the Agreement, the Agreement shall govern except as to which specific Offering applications were ordered, the Subscription Term for the order, and the fees, currency and payment terms for the order, for which the Order Form shall govern. Except as otherwise specified in an Order Form: fees are based on services purchased and not actual usage; payment obligations set forth in an Order Form are non- cancelable; fees paid are non-refundable; and the number of subscriptions purchased cannot be decreased during the relevant subscription term stated on the Order Form. 3. Services Levels and Support. Citian’s policies, procedures and practices regarding system performance, monitoring and technical support are as set forth in the Service Level Agreement (“SLA”) contained in Exhibit A. Citian reserves the right to change such policies, procedures and practices as required in Citian’s reasonable judgment, provided that such changes may never degrade in any material respect the standard of service or protections described Exhibit A. 4. Professional Services. Citian offers certain professional services including services related to implementation and optimization of the Offering, change management and business practice optimization, and education and training (“Professional Services”). Such Professional Services are typically purchased via a mutually executed statement of work (“SOW”). Unless otherwise set forth in the SOW, City shall have a nonexclusive, internal-use license to the Deliverables resulting from Citian’s Professional Services for the duration of the SOW. Each SOW during the Term is governed by the terms of this Agreement and in the event of any conflict or discrepancy between an SOW and the terms of the Agreement, the Agreement shall govern except as to the scope of work, fees, currency, expenses and payment terms for the Professional Services, for which the SOW will govern. 5. Confidential Information. See Agreement, ¶ 16. 6. Ownership. See Agreement, ¶ 18(a) and (b). 7. City Data. 7.1 License; Ownership. The City is solely responsible for any and all obligations with respect to the accuracy, quality and legality of City Data. The City will obtain all third-party licenses, consents and permissions needed for Citian to use the City Data to provide the Offering or Professional Services. Without limiting the foregoing, The City will be solely responsible for obtaining from third parties all necessary rights for Citian to use the City Data submitted by or on behalf of the City for the purposes set forth in this Agreement. The City grants Citian a non-exclusive, worldwide, royalty- free and fully paid license (a) during the Term to use the City Data as necessary for purposes of providing and improving the Services; (b) during the Term to use the City 192 Page 30 of 33 trademarks, service marks, and logos as required to provide the Services; and (c) during and after the Term to use the City Data in an aggregated and anonymized form to: (i) improve the Offering and Citian’s related products and services; (ii) provide analytics and benchmarking services; and (iii) generate and disclose statistics regarding use of the Offering, provided that no the City-only statistics will be disclosed to third parties without the City’s consent. The City Data and all worldwide intellectual property rights in it are the exclusive property of the City. All rights in and to the City Data not expressly granted to Citian in this Agreement are reserved by the City. 7.2 The City’s Warranty. The City represents and warrants that any City Data will not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious computer programming codes intended to damage Citian’s system or data; and (e) otherwise violate the rights of a third party. Citian is not obligated to back up any City Data; the City is solely responsible for creating backup copies of any City Data at The City’s sole cost and expense. The City agrees that any use of the Offering contrary to or in violation of the representations and warranties of the City in this Section 9.2 constitutes unauthorized and improper use of the Offering. 7.3 Artificial Intelligence Automated Decision Use. Citian’s software platform employs machine-learning models solely to automate data validation, aggregation, and reporting functions. All predictive outputs are provided for informational purposes and are not used to make enforcements, legal, or adjudicative determinations. Citian does not use City Data to train models for any third-party customer. 7.4 Data Segregation and Minimization. Citian maintains logical separation of each the City’s production data and limits access to the minimum necessary personnel for support and maintenance. Data is encrypted at rest and in transit using FIPS 140-2 validated cryptographic modules. 8 Payments. 8.1 Payment and Taxes. The City agrees to pay to Citian all amounts set forth on the applicable Order Forms and SOWs. All fees and other charges payable by the City to Citian under this Agreement are stated exclusive of all federal, state, local and foreign taxes, levies and assessments of any nature (including value-added, use or withholding taxes). The City agrees to bear and be responsible for the payment of all such taxes, levies and assessments imposed on the City or Citian arising out of this Agreement, excluding any tax based on Citian’s net income. If the City is required by any applicable law to deduct or withhold amounts otherwise payable to Citian hereunder, the City will pay the required amount to the relevant governmental authority and pay to Citian, in addition to the payment to which Citian is otherwise entitled under this Agreement, such additional amount as is necessary to ensure that the net amount actually received by Citian free and clear of all taxes equals the full 193 Page 31 of 33 amount Citian would have received had no such deduction or withholding been required. 8.2 Late Payment. In the event payment is not made within thirty (30) days of the date payment was due and such payment is not the subject of a reasonable basis written dispute, Citian shall have the right, at its sole option, to suspend the City's access to the Offering until payment is made. Citian will provide written notice to the City prior to suspension of access to the Offering. 9 Citian Warranties. Citian represents and warrants as follows: (i) the Offering will perform substantially in accordance with the Service Description Document; (ii) Professional Services shall be provided in a professional manner consistent with industry standards; (iii) Citian has the right to grant license for Offering to the City; (iv) Offering is free from all viruses detectable by industry standard means; and (v) Offering is free from all material defects and further that Citian will correct any such defect in the Offering at no additional cost to the City. The City must notify Citian in writing of any claim that the Offering does not perform substantially in accordance with the Service Description Document no later than thirty (30) days after the last day of the month in which the asserted non- performance occurred. The City must notify Citian in writing of any claim of breach of warranty relating to Professional Services within ninety (90) days of completion of the Professional Services engagement (normally an SOW) under which the Professional Services were delivered. For any breach of the warranty claim with respect to the Services Description Document, the City’s exclusive remedy and Citian’s entire liability shall be for Citian to (i) provide the support required hereunder to bring the Offering in compliance with the Service Description Document; or if both parties agree that such support will or has not remedied the non-complying Offering, (ii) terminate the Agreement or applicable Order Form and refund the prepaid fees for the Offering, on a pro rata basis, for the period following termination. For any breach of warranty claim relating to Professional Services, the City’s exclusive remedy and Citian’s entire liability shall be for Citian to (i) re-perform the deficient Professional Services; or if both parties agree that re-performance will not remedy the deficient Professional Services, (ii) refund the fees paid for the Professional Services. 10 WARRANTY. See Agreement, ¶¶ 23-24. 11 Indemnification. 11.1 Infringement Indemnity. Citian shall at its expense defend, or at its option settle any claim, action or allegation brought against the City alleging that the Offering, when used as authorized herein, or any Deliverable infringes any valid U.S. copyright, patent, trade secret or any other proprietary right of any third party and shall pay any final judgments awarded or settlements entered into, provided that the City gives prompt written notice to Citian of any such claim, action or allegation of infringement and gives Citian the authority to proceed as contemplated herein. In the event any infringement claim, action or allegation is brought or threatened, Citian may, at its sole option and expense: (a) procure for the City the right to continue use 194 Page 32 of 33 of the Offering, Deliverable or infringing part thereof; (b) modify, amend or replace the Offering, Deliverable or infringing part thereof with other software having substantially the same or better capabilities; or, if neither of the foregoing is in Citian’s opinion commercially practicable, (c) terminate this Agreement (or the portion of any Order Forms for allegedly infringing materials) and refund to the City the prorated amount of the fees prepaid by the City under the relevant Order Forms or SOWs that were to apply to the remainder of the unexpired Term, as calculated from the termination date through the remainder of the unexpired Term. The foregoing obligations will not apply to the extent the infringement arises as a result of (i) any use of the Offering in a manner expressly prohibited by this Agreement (including any modification of the Offering by any party other than Citian); or (ii) any use by the City of the Offering in combination with other products, equipment, devices, software, systems or data not supplied by Citian to the extent such claim is directed against such combination, provided that this exclusion shall not be applicable to combinations with hardware, software or other technology required to access and use the Offering (e.g., a web browser, an internet connection and a personal computer, upon which certain Citian applications are built). This Section states the exclusive remedy of The City and the entire liability of Citian with respect to infringement of any patent, copyright, trade secret or other intellectual property right. 11.2 Indemnification from AI and Predictive Analytical Outputs. Citian's indemnification obligations exclude any claim solely from the City’s use of predictive or analytical outputs for regulatory or enforcement purposes. 12 Limitation of Liability. See Agreement, ¶ 14. 13 Export Control Laws. Each party shall comply with the export control laws of the United States which are applicable to the Offering. Such export control laws may prohibit use of the Offering in certain sanctioned or embargoed countries. 14 Pricing Adjustment. Citian offers the Offering to the City for the annual license fee and other fees set forth in the Order Form (“Price”). Such Price shall not increase during the initial term of the Order Form. Before renewal of the initial term of the Order Form in accordance with Section 2.2 of this Agreement, Citian reserves the right to escalate the Price for the renewal term of the Order Form by no more than three percent (3%) to adjust for increases in the cost of equipment, staffing, hosting and other relevant goods and services. This section does not apply if the parties execute a new Order Form. 15 Advertising. Citian will not use the City or the name of any agency in any advertisement, news release, or professional or trade publication without prior written approval from The City. 195 Page 33 of 33 16 The City’s Use of Third-Party Licensed Data. To the extent that the City stores data in the Offering that has been purchased or licensed from third parties, the City is responsible for ensuring its use, processing, reporting against, combination, comingling and manipulation of such data complies with its agreements with the third-party data provider, and the City will indemnify and hold Citian harmless against any claims by such third-party data providers arising from the City’s use of such third-party data in the Offering. The authorized representatives of the parties have executed this Agreement by their signatures below: Citian, Inc. The City By: By: Name: Name: Title: Title: Date: Date: 196 Memorandum REPORT TO:City Commission FROM:Rebecca Harbage, Deputy Director of Community Development Erin George, Director of Community Development SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Matrix Consulting Group, Ltd., for a Planning and Development Review Fee Study MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Matrix Consulting Group, Ltd., for a Planning and Development Review Fee Study 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 Community Development Department leads development review for compliance with state and local land use regulations and processes. Department staff review permit applications for compliance with codes and help applicants navigate permit processes. Staff are also responsible for providing public notices, collecting public comments, and answering questions from the general public who may or may not submit permit applications. Long-Range Planning staff and Department leadership staff also conduct policy work to maintain the City's Community Plan, municipal codes and implement City Commission priorities. The City’s general financial policy is to have those who generate needs for municipal services defray the cost of those services. As CD Department staff support both permit applicants and the general public, a portion of the City's review cost is paid with application fees and a portion with General Fund revenue (primarily property taxes). The Planning Fee Schedule was last updated in August 2024 by Resolution 5622, which adopted flat 15% increases to planning fees for both fiscal year 2025 and fiscal year 2026. At the time of adoption, the city was recovering less than 50% of the cost of development review from Planning application fees. The fee increases were anticipated to generate a 57.5% cost recovery rate in fiscal year 2026, a substantial increase but still short of the cost recovery rate of 59.6% in 2021 when the last fee study was performed. Since 2021, the cost of providing review services has increased at a rate higher 197 than anticipated in the 2021 cost model. For context, the City's engineering permit fees were also increased in 2024 with a goal of 75% cost recovery in fiscal year 2026. With a goal of further increasing cost recovery with planning fees, Community Development seeks to further analyze the cost of services and fee structure associated with planning and development review applications. The Department, in partnership with Finance and the Transportation & Engineering Department, issued a request for proposals in February 2026 and, after scoring the proposals and conducting interviews with two firms, selected Matrix Consulting Group, Ltd., as the best qualified to conduct the fee study. Matrix has conducted similar planning and development review fee studies for numerous cities around the country and comes highly recommended from past clients. The fee study will analyze current costs, existing fee revenues, and effective fee for service models in other jurisdictions of similar size and complexity in Montana and the Mountain West to help the City determine appropriate fee levels. The cost of services analysis will include the Community Development Department as well as the costs incurred by other departments involved in the review of planning applications, such as Transportation & Engineering, Parks & Recreation, and Fire. The project is proposed to kick off in May with data collection and analysis beginning in June when updated revenue and expense information for fiscal years 2026 and 2027 will be available. Findings and recommendations will be shared with City Commission prior to or in conjunction with the next fee resolution. The Department is cognizant of the City Commission priority to improve efficiencies in the development review process and any recommendations from the fee study will be evaluated alongside potential process improvements. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The total project cost is $20,500, per Exhibit A. Scope of Services in the attached Professional Services Agreement. Funding for this project was included in the adopted FY25-26 Biennium Budget. Attachments: 2026 PSA_Planning Fee Study_Matrix Consulting Group.pdf Report compiled on: April 23, 2026 198 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, MATRIX CONSULTING GROUP, LTD., hereinafter referred to as “Contractor.” 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 to this Agreement agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31 day of December, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by City and will become an additional charge over and above the amount listed in the Scope of Services. City must agree in writing upon any additional charges. 199 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 2 of 12 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor represents and warrants: 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 has the experience and ability to perform the services required by this Agreement. c. Contractor will perform the services in a professional, competent, and timely manner and with diligence and skill. d. Contractor has the power to enter into and perform this Agreement. e. Contractor’s performance of this Agreement must 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. Contractor agrees 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: The Parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of City for any purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook and is not considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent City or otherwise bind City in any dealings between Contractor and any third Parties. Contractor must 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 must maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor must furnish 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. 200 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 3 of 12 7. Labor Relations: If any labor problems or disputes arise during this Agreement, which cause any services to cease for any period of time, Contractor agrees to take immediate steps in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action. Contractor must provide immediate relief to City so as to permit the services to continue at no additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor disputes between Contractor and any subcontractors or third Parties. 8. Indemnity: 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 Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of 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 Contractor or Contractor’s agents or employees. For any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes, Contractor must 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. Contractor’s obligations in this Section must 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 must be without regard to and without any right to contribution from any insurance maintained by City. 201 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 4 of 12 Should the City be required to bring an action against Contractor to assert its right to defense or indemnification under this Agreement or under Contractor’s applicable insurance policies required below, the City must 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 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. These obligations must survive termination of this Agreement and the services performed hereunder. 9. Insurance: In addition to and independent from Contractor’s indemnity obligations under Section 9, Contractor must, 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 Contractor in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by Contractor in Section 9. The insurance must be occurrence-based, and cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by City without limit and without regard to the cause. Contractor must furnish to 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 claim; $2,000,000 per occurrence; • Commercial General Liability - $1,000,000 per claim; $2,000,000 per occurrence; • Automobile Liability - $1,000,000 per property damage claim and $1,000,000 per bodily injury claim; $2,000,000 per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 per occurrence. The above amounts must be exclusive of defense costs. City must be endorsed as an additional 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 202 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 5 of 12 approved by City and must include no less than a thirty (30) day notice of cancellation or non- renewal. Contractor must 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. City must approve all insurance coverage and endorsements prior to Contractor commencing work. Alternative: Contractor must provide City a certificate of insurance prior to commencing work. City must approve the limits shown on the certificate prior to commencing work. City’s approval of the limits does not relieve Contractor of Contractor’s obligation to ensure the insurance meets the requirements. 10. Waiver of Claims: Contractor also waives any and all claims and recourse against 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. 11. 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, City may, by written notice, terminate this Agreement and Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). 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 11, Contractor must be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 11 must be in addition to any other remedies to which City may be entitled under the law or at equity. d. In the event of termination under this Section 11, Contractor must, 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. 12. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of City, make it 203 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 6 of 12 advisable to City to cease performance under this Agreement, City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination must be effective in the manner specified in the Notice of Termination for City’s Convenience and must be without prejudice to any claims that City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Contractor must 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 must immediately cancel all existing orders or contracts upon terms satisfactory to City. Contractor must 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 12, 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 12(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor must, 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. 13. Intellectual Property and Ownership of Work Product: a. Title and Ownership Rights. City retains title to and all ownership rights in all Work Product. “Work Product” includes all materials, tangible or not, created in whatever medium pursuant to this Agreement, including but not limited to publications, promotional or educational materials, reports, manuals, specifications, drawings and sketches, computer programs, software and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and all forms of intellectual property. b. Ownership of Work Product. Contractor must execute any documents or take any other actions as may reasonably be necessary, or as City may reasonably request, to perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City, upon City request during the term of this Agreement or at its expiration or termination, a current copy of all Work Product in the form and on the media in use as of the date of City’s request, or such expiration or termination. c. Return of Physical Property. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City property, including but not limited to any and all physical items such as documentation, records, and equipment, which is in Contractor’s 204 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 7 of 12 possession or under Contractor’s control. Contractor must submit to City a detailed account of all of City’s property in its possession or under Contractor’s control. Contractor must return City’s property in a method acceptable to City within ten (10) working days. Unless otherwise mutually agreed upon by the Parties, at no time must any of City’s property be retained by Contractor upon expiration or termination of this Agreement. d. Return of Data. Upon expiration or termination of this Agreement, Contractor agrees to return to City all City data. Contractor must submit to City a detailed account of all of City’s data in its possession or under Contractor’s control. Contractor must return City’s data in a format acceptable to City within ten (10) working days. At no time must any data or processes that either belong to or are intended for use of City or its officers, agents, or employees, be copied, disclosed, or retained by Contractor upon expiration or termination of this Agreement. f. Destruction of Data. If requested by City, Contractor agrees to destroy all of City’s data in its possession. When requested by City to destroy City’s data, Contractor agrees to permanently delete the data and ensure that it is not recoverable, in accordance with National Institute of Standards and Technology (NIST) SP 800-88 “Media Sanitation Guidelines.” g. Certification. In all cases, Contractor will certify that all of City’s information processed during the performance of the services will be completely purged from all physical and electronic data storage with no output to be retained by Contractor at the time the work is completed, the Agreement is terminated, or upon written request of City. 14. 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 must 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 must 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 must waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: City’s Representative for the purpose of this Agreement must be Erin George, Director of Community Development, or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is 205 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 8 of 12 required by this Agreement, such communication or submission must be directed to City’s Representative and approvals or authorizations must 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 City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: Contractor’s Representative for the purpose of this Agreement must be Alan D. Pennington, President, or such other individual as Contractor must designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication must 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 must be in writing and must be provided to the Representatives named in this Section. Notices must be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 16. Permits: Contractor must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 17. Laws and Regulations: Contractor must comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 18. Generative Artificial Intelligence (AI): Contractor must inform the City’s representative of its intention to utilize Generative AI to fulfill the deliverables or services detailed in the Scope of Services. City’s representative may, in their discretion, permit or deny Contractor’s use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees it will never submit any confidential or personal identifiable information acquired through this 206 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 9 of 12 Agreement into a Generative AI system. For the purposes of this section, Generative AI is defined as a deep learning model that can generate high quality content such as stories or writings, images, voice replication and music. 19. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor of persons performing this Agreement must be on the basis of merit and qualifications. Contractor must have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. Contractor cannot 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. Contractor is subject to and must 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 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 must require these nondiscrimination terms of its subcontractors providing services under this Agreement. 20. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor must 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 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 must 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 must have the right to request proof of such compliance and Contractor must be obligated to furnish such proof. Contractor must be responsible for instructing and training Contractor's employees and agents in proper and specified work methods and procedures. Contractor must provide continuous inspection and supervision of the work performed. Contractor is responsible for instructing its 207 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 10 of 12 employees and agents in safe work practices. 21. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both Parties. Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 22. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor must allow City, its auditors, and other persons authorized by 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. Contractor cannot issue any statements, releases or information for public dissemination without prior approval of City. 23. Non-Waiver: A waiver by either Party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 24. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required in this Agreement, the prevailing Party or the Party giving notice is entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 25. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 26. Dispute Resolution: a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each Party duly authorized to negotiate settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement 208 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 11 of 12 discussions. The Parties must attempt to resolve by negotiation within 90 days after the claim, controversy, or dispute has arisen. b. If the Parties are unable to resolve the dispute pursuant to subsection (a), then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. In such a case, all court actions must be commenced within 1 year after the settlement procedure in subsection (a) has been exhausted. 27. Survival: Contractor’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 28. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 29. Severability: If any portion of this Agreement is held to be void or unenforceable, all other provisions of this Agreement must remain in effect. 30. Applicable Law: The Parties agree that this Agreement is governed by the laws of the State of Montana. 31. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 32. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, does not constitute a third-Party beneficiary agreement, and may not be relied upon or enforced by a third Party. 33. Counterparts: This Agreement may be executed in counterparts, which together constitute this Agreement. 34. Integration: This Agreement and all Exhibits attached hereto constitute the entire Agreement of the Parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the Parties. There are no understandings between the Parties other than as set forth in this Agreement. All communications, either oral 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. 209 Professional Services Agreement for Planning & Development Permitting Fee Analysis Page 12 of 12 35. 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. 36. Extensions: This Agreement may, upon mutual agreement, be extended for a period of up to one year at a time by written agreement of the Parties. In no case, however, may this Agreement run longer than five (5) years from the effective date of this Agreement. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 210 BOZEMAN, MT – PLANNING AND DEVELOPMENT PERMITTING FEE ANALYSIS MATRIX CONSULTING GROUP Below are descriptions of the tasks, including deliverables, we will complete to develop a Planning and Development Services fee study for the City. TASK 1: STUDY OBJECTIVES AND PROJECT SCHEDULE The project team will meet with staff to discuss issues identified by the project team and to clarify any concerns the City has regarding the current fee study methodology. Discussions will include: •Review of the City’s specific needs and critical issues surrounding the development and implementation of the fee study. •Opportunities for improvement and restructuring of previous studies and/or review and discussion of existing methodologies and calculations. •Discussion of concerns or issues that should be addressed during the study. After the meeting, the project team and the designated City staff will have a better understanding of the overall approach and methodology the team will use to conduct the study. TASK 2: DATA COLLECTION After the kickoff meeting, Matrix Consulting Group will provide the City with a list of initial data requirements for the study. This will allow our project team to review this information thoroughly in preparation for initial discussions with staff. A typical list of data collection items includes: •Current fiscal year adopted budget. •List of all budgeted personnel by program. •A list of all current fees being charged will be included in the analysis. •List of comparative jurisdictions for the fee survey. •Last fiscal year revenue reports for fees or services. •Volume or workload metrics for all fees included in the analysis. •Copy of any previous fee studies or analyses. TASK RESULT We will present the City with a project schedule. WORK PLAN Exhibit A Scope of Services 211 BOZEMAN, MT – PLANNING AND DEVELOPMENT PERMITTING FEE ANALYSIS MATRIX CONSULTING GROUP The above list is just a sampling of the type of information that will be requested. Providing these items allows our project team to familiarize itself with the City’s structure and current financial practices. TASK 3: DEVELOP A SCHEDULE OF CURRENT AND POTENTIAL FEES FOR SERVICE The scope of this effort will be all planning-related fees charged by the City. When reviewing planning- related fees, it is important to consider alternative fee structures and current best practices. When reviewing these types of fees, we look at things such as: •Deposit-based fees vs. project-based •Hourly or flat rate •Cross-departmental support •Direct material costs (postage, software, etc.) It is important to note that this meeting occurs first to ensure that any major proposed structural changes are captured before collecting time estimate information or developing draft fee results. However, adjustments can be made throughout the study. TASK 4: CONDUCT TIME DATA GATHERING WORKSHOPS The project team will conduct workshops to gather time estimates for each service included in the study, interview key City personnel, and analyze the various activities. The flowchart shows an example of the steps involved in permit processing and the time associated with each step As shown in the flowchart, the application/permit processing steps will be documented in detail. Staff will be provided time to edit or comment on the time estimate information. Intake Planning Tech: 15 mins Routing Planning Tech: 10 mins Initial Review Planner: 1 hour Final Review Planner: 30 mins Issue Permit Planning Tech: 15 mins TASK RESULT We will provide the City a data collection list. TASK RESULT Our team will develop a proposed fee structure. TASK RESULT We will create time estimate workbooks. 212 BOZEMAN, MT – PLANNING AND DEVELOPMENT PERMITTING FEE ANALYSIS MATRIX CONSULTING GROUP TASK 5: DEVELOP FULLY BURDENED HOURLY RATES Based on the City's staffing and budget information, the project team will calculate fully burdened hourly rates, including direct and indirect costs. The following points highlight the cost components and factors included in fully burdened rates: •Direct costs: This component accounts for the salary and benefits associated with each employee or position and is reflected in City staffing and salary reports. •Indirect costs—departmental: This component accounts for administrative and management support provided to line-level staff, operational services, and supplies used to execute job duties. It is developed through staff interviews and budget analysis. •Indirect costs—citywide: This component accounts for citywide support, such as Finance and HR support provided by other departments or staff. If no indirect rate is available, the project team will calculate one. Once the cost components have been documented and developed, the project team will review the MOUs and discuss them with staff to determine appropriate productive-hour calculations. Focusing on available hours will ensure that fully burdened hourly rates account for leave accruals (holiday, vacation, and sick) and any meetings or training. The project team will utilize the results of this task and Task 4 to calculate the full cost of services. TASK 6: PERFORM A TOTAL COST ANALYSIS Matrix Consulting Group's costing model is built based on the City’s operations, budget detail and intended uses for the results. This method is a customized approach specific to each jurisdiction for cost analysis of user fee services. It is a "bottom-up" approach, the most defensible methodology for calculating user fees. The methodology incorporates the time estimate information and fully burdened hourly rate information. The following graphic shows the cost calculation: This costing method uses time and annual activity data to establish the cost of providing services on a unit and annual basis. Once the time spent on a fee activity is determined for each individual or position, the team uses its fee and rate software to apply the fully burdened hourly rates calculated before. Time Estimate Fully Burdene d Rate Full Cost Fee TASK RESULT Calculated fully burdened hourly rates. 213 BOZEMAN, MT – PLANNING AND DEVELOPMENT PERMITTING FEE ANALYSIS MATRIX CONSULTING GROUP The resulting costs are presented at the unit level and compared with the existing fee schedule. The City will obtain detailed information regarding cost recovery surpluses and deficits at a per unit level. TASK 7: CONDUCT A COMPARATIVE SURVEY OF SIMILAR JURISDICTIONS The project team will work with City staff to review comparable information from Belgrade, Billings, Kalispell, Missoula, Whitefish, and two mid-size jurisdictions outside of Montana. This survey activity will be conducted utilizing the following: •Developing fee scenarios for the City to compare with other jurisdictions. •Collecting contextual information such as population size, budget, staffing, the last time a fee study was done, and the last fee schedule update. As market surveys do not adequately inform about the relationship between a jurisdiction's costs and fees, these steps ensure we provide the City with the most information possible. TASK 8: REVIEW/REVISE FEE STUDY RESULTS Because the analysis of service fees is based on data and estimates provided by City staff, all participants must be comfortable with our methodology and with the data they have provided. TASK 9: PREPARE A DRAFT FEE STUDY REPORT Upon conclusion of the fee study, we will prepare a detailed report summarizing the results of each of the previous work tasks described above. This report will include: •A succinct executive summary discussing the study, methodology, and results. •A narrative describing the services included in the study. •A section on proposed modifications to the current fee schedule. •The analysis includes a section on per-unit and annual results, and where workload data is available. TASK RESULT Draft Results Workbooks. TASK RESULT Comparative graphs included in the draft report. TASK RESULT Revised draft results workbooks. 214 BOZEMAN, MT – PLANNING AND DEVELOPMENT PERMITTING FEE ANALYSIS MATRIX CONSULTING GROUP •A comparative survey section outlines key fees and compares them to those of other local jurisdictions. The draft report will be provided to City staff for review and comments. The draft report will be provided to City staff for review and comment. TASK 10: FINALIZE FEE STUDY REPORT Any edits or revisions to the draft user fee study report will be incorporated into the finalized report. This finalized report will include all draft elements of the fee study report, as well as any additional cost recovery and policy considerations. TASK 11: PRESENTATION OF RESULTS Presenting results to City officials and/or stakeholders is critical to the success of the engagement as a whole. Because the study's product is often controversial, this final step aims to present a succinct summary that provides decision-makers with key information. TASK RESULT The draft report will be provided to City staff for comments. TASK RESULT We will develop a final fee study report. TASK RESULT Presentation(s) at City Commission in the fall. 215 BOZEMAN, MT – PLANNING AND DEVELOPMENT PERMITTING FEE ANALYSIS MATRIX CONSULTING GROUP This project is anticipated to take approximately four (4) months to complete. We usually ask for two (2) weeks from notice to proceed or official award notification to commence the project. For each task referenced in our proposed scope of work, we have identified the proposed week(s) within the five-month period during which the task will be completed. Project Tasks 1 2 3 4 4+ Study Objectives and Project Schedule Data Collection Current and Potential Fee Structure Time Data Gathering Workshops Fully Burdened Hourly Rates Total Cost Analysis Comparative Survey Review and Revise Results Draft Fee Study Report Final Fee Study Report Presentations The City anticipates commencing the project in May, with initial meetings to further refine the project schedule and data needs. The main data collection effort will occur toward the end of the state fiscal year when complete data for Fiscal Year 2026 will be available and the Fiscal Year 2027 budget will be near final. The timeline is anticipated to result in draft results being available for review in late Summer 2026, which would allow for finalization of information in the fall. Timelines may be adjusted based on City staff priorities and in accordance with City preferences and timelines. Presentations to City Commissions will be provided after the final reports are complete. PROPOSED SCHEDULE 216 BOZEMAN, MT – PLANNING AND DEVELOPMENT PERMITTING FEE ANALYSIS MATRIX CONSULTING GROUP Matrix Consulting Group will conduct a Planning and Development Services fee analysis for the City of Bozeman for a fixed fee of $20,500. The following table provides our proposed cost to conduct the study, listing the time allocations and hourly rates for each staff category: Task Project Manager Analysts Total Cost Study Objectives and Project Schedule 2 2 $800 Data Collection 0 2 $300 Current and Potential Fee Structure Schedule 2 2 $800 Time Data Gathering Workshops 2 4 $1,100 Fully Burdened Hourly Rates 2 8 $1,700 Total Cost Analysis 6 32 $6,300 Comparative Survey 0 16 $2,400 Review and Revise Results 2 4 $1,100 Draft Fee Study Report 6 10 $3,000 Final Fee Study Report 2 6 $1,400 Presentations 4 4 $1,600 Total Hours 28 90 Hourly Rate $250 $150 Total Professional Fees $7,000 $13,500 $20,500 This cost is an all-inclusive, fixed fee that covers any costs that may occur, assuming meetings and presentations are virtual. Our typical practice is to bill for hours worked monthly up to the contract amount. Matrix Consulting Group is committed to helping our clients develop accurate and defensible cost-of- service methodologies and ensure that they can appropriately implement the results of these studies. Our project team will work with City staff to facilitate an understanding of the results and how to incorporate them into final materials. Our client support continues after a final report has been issued. We understand that questions can arise well after project completion and are committed to working with our clients to answer any questions about methodologies and applications of results. This support is provided to our clients at no extra cost. COST PROPOSAL 217 BOZEMAN, MT – PLANNING AND DEVELOPMENT PERMITTING FEE ANALYSIS MATRIX CONSULTING GROUP AFFIRMATION OF NONDISCRIMINATION 218 Memorandum REPORT TO:City Commission FROM:Lance Lehigh, Engineer III Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign Amendment 1 to the Professional Service Agreement with TD and H Engineering for Engineering Development Review Services MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to the Professional Service Agreement with TD and H Engineering for Engineering Development Review Services STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Department of Transportation and Engineering currently utilizes consultant services provided by TD&H Engineering to assist with development review activities, including the review of site plans, subdivisions, engineering design reports, building and occupancy permit applications. The Professional Service Agreement (PSA) between the City and TD&H Engineering was executed for a three (3) year term, effective through May 9, 2026, with an option to extend the contract for an additional two (2) years per Section 31 of the Agreement. The PSA enables staff to utilize TD&H on an on-call basis to support City workloads, and maintain development review timelines during peak demand periods. Staff recommends extending the Agreement for the additional two (2) year to assist the City in maintaining a high-quality development review service. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Development review consultant services will be paid on a time and materials basis and will be funded through the FY27 and FY28 operating budget for the Engineering Services Division. Allocated funding for each fiscal year is anticipated to be $20,000 each, pending operating budget approval. 219 Attachments: PSA First Amendment_TD&H Engineering_050526_FINAL.docx TD&H 2026 Rate Sheet.pdf Report compiled on: April 17, 2026 220 First Amendment to Professional Services Agreement for Development Review Consultant Services FY 2026 – FY 2028 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR DEVELOPMENT REVIEW CONSULTANT SERVICES dated May 9th, 2023 (the “Agreement”) is made and entered into this 5th day of May 2026, 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 TD&H Engineering, 234 E Babcock Street, Suite 3, Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Extension of Term. Section 31 of the Professional Services Agreement between the City and Contractor, dated May 9th, 2023 (the Agreement), is extended for an additional two (2) year period. The Agreement shall terminate on May 9th, 2028. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain in effect. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 221 First Amendment to Professional Services Agreement for Development Review Consultant Services FY 2026 – FY 2028 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 CONTRACTOR (TD&H Engineering) By________________________________ By_____________________________ Chuck Winn, City Manager Kyle Scarr, Regional Manager APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 222 234 E. Babcock,Suite 3 • Bozeman, MT 59715 • (406) 586-0277 2026 BOZEMAN RATE SCHEDULE Fee Compensation TD&H’s hourly billing rates for 2026 are provided in the adjacent table. We invoice for services rendered to a project to the nearest quarter hour. Direct project costs will be invoiced at cost plus 10%. Examples of these costs include airfare, ground transportation, lodging, meals, shipping and express mail, outside reproduction services, and other direct costs required for the project. Outside contract services including subconsultants, subcontractors and drilling services will be invoiced at cost plus 10% to cover additional insurance and administrative fees. DIRECT REIMBURSABLES Vehicle Use: Passenger Vehicle Mileage $0.75/mile Survey – Robotic Total Station Heavy Duty Vehicle Mileage $1.10/mile Hourly Rate: $30.00 Survey – Global Positioning Survey – Total Station with Data Collector Daily Rate: $500.00 Daily Rate: $100.00 Hourly Rate: $80.00 Hourly Rate: $20.00 Minimum Charge: $160.00 Reproduction Color (8.5x11) $1.50/page CAD Plotter (In-house) Color (11x17) $2.50/page Bond $0.90/SF B&W (8.5x11) $0.60/page Mylar $3.30/SF B&W (11x17) $1.20/page NOTES: 1) Construction Materials Testing per Separate Fee Schedule. *See Materials Testing Fee Schedule for Additional Information 2) Overtime work (above 40 hours per week, or weekends) increase hourly rates by 25%, or per quotation. 3) Annual rate adjustments occur in January of each year and typically range from 3% to 4%. DESCRIPTION HOURLY RATE AA Administrative Assistant $80.00 GA Grant Administrator $108.00 LS1 Surveyor’s Assistant $90.00 LS2 Surveyor $107.00 LS3 Survey Party Chief $126.00 LS4 Project Surveyor $145.00 LS5 Registered Land Surveyor $173.00 ENVS Environmental Scientist $131.00 IH1 Industrial Hygiene Technician I $96.00 IH2 Industrial Hygiene Technician II $124.00 LT1 Lab Technician I $83.00 LT2 Lab Technician II $93.00 CR1 Construction Representative I $114.00 CR2 Construction Representative II $136.00 CR3 Construction Representative III $161.00 CR4 Construction Representative IV $196.00 LA Landscape Architect $146.00 LP Land Planner $181.00 CLS CMT Lab Supervisor $135.00 CD1 CAD Designer I $96.00 CD2 CAD Designer II $125.00 CD3 CAD Manager $136.00 GC CAD/GIS Specialist $114.00 ET Engineering Technician $131.00 E1 Engineer I $124.00 E2 Engineer II $133.00 E3 Engineer III $155.00 E4 Engineer IV $181.00 E5 Engineer V $206.00 E6 Engineer VI $237.00 P Principal $264.00 DCT Deposition & Court Testimony $435.00 PMI Project Manager I $191.00 PMII Project Manager II $248.00 SPSS Sr. Project Support Specialist $130.00 223 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign Amendment 2 to the Professional Services Agreement with HDR Engineering, Inc., for the Water Reclamation Facility Phase 1 Base Hydraulic Capacity Upgrade Project MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 2 to the Professional Services Agreement with HDR Engineering, Inc., for the Water Reclamation Facility Phase 1 Base Hydraulic Capacity Upgrade Project STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:On June 18, 2024, the City Commission authorized the original professional services agreement (PSA) with HDR Engineering for the WRF Phase 1 Base Hydraulic Capacity Upgrade Project. The original PSA focused on the pre- design phase of engineering services. Amendment 1 to the original PSA was authorized by City Commission on July 22, 2025, providing for preliminary design, final design, and bidding phase services for project alternatives selected upon conclusion of the pre-design phase. Attached to this memo is Amendment 2, which provides additional engineering design services for unforeseen elements of the project that were identified as issues during the preliminary design phase work that require improvements to reduce operational risks and improve process optimization capabilities. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The negotiated cost for Amendment 2 is $73,520, increasing total preliminary design, final design and bidding phase services costs to $1,003,520. Project budget is provided through the capital improvement plan project WW129, which has a current available unobligated balance of $9,980,300. Adequate funding exists to cover negotiated costs for Amendment 2. Attachments: 224 Amendment No. 2 - WRF Ph1 Upgrades Project.pdf Report compiled on: April 23, 2026 225 Amendment No. 2 to Professional Services Agreement THIS AGREEMENT is made as of this 5th day of May, 2026, between the CITY OF BOZEMAN a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER, and HDR ENGINEERING INC., an engineering consulting firm, of Bozeman, Montana, referred to as ENGINEER. WHEREAS, the Parties have entered into a Professional Services Agreement dated June 18, 2024, herein referred to as the Original Agreement for professional engineering services; and WHEREAS, the Original Agreement was previously amended by Amendment No. 1 on July 22, 2025; and WHEREAS, OWNER desires to amend the provisions of the Original Agreement, as amended by Amendment No. 1, for ENGINEER to perform additional engineering services beyond those previously agreed by the Parties; and WHEREAS, ENGINEER is willing to amend the Original Agreement, as amended by Amendment No. 1, to perform additional engineering services. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: The Original Agreement, as amended by Amendment No. 1, shall be amended as set forth below. Except as expressly modified by this Amendment No. 2, all terms and conditions of the Original Agreement, as amended by Amendment No. 1, shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. Section 1.2 ‘Attachment B – Scope of Preliminary Design Phase, Final Design Phase, and Bidding Phase Services’, as referenced in Section 1.2, is amended to incorporate by addition ‘Exhibit 1 – Additional Scope of Services’, which is hereby attached and made part of this Amendment No. 2. Section 4.3 The last sentence of Section 4.3, which sets forth the schedule for completion of the Final Phase, is hereby deleted in its entirety and replaced with the following: “The Final Phase will be complete and submitted within 310 calendar days following written authorization from OWNER to ENGINEER to proceed with that phase of services.” Section 6.1.2 Section 6.1.2 is hereby deleted in its entirety and replaced with the following: 226 6.1.2 Payment for Preliminary Design Phase, Final Design Phase, and Bidding Phase Services. The OWNER shall for preliminary design phase, final design phase, and bidding phase services performed as Basic Engineering Services under sections 4.2, 4.3, and 4.4 of this Agreement, and as applicable, 'Attachment B - Scope of Preliminary Design Phase, Final Design Phase, and Bidding Phase Services' as amended to incorporate by addition 'Exhibit 1 - Additional Scope of Services', pay a total sum in the amount of $1,003,520 for such services. 6.1.2.1 Payment Schedule. Total cumulative payments for the preliminary design phase, final design phase, and bidding phase engineering services shall not exceed the following ceilings: $602,100 (60% of fee at Section 6.1.2) until the preliminary design phase services have been completed to the satisfaction of the OWNER. Completion of the preliminary design phase is equivalent to completion of the 60% design level contained in 'Attachment B - Scope of Preliminary Design Phase, Final Design Phase, and Bidding Phase Services' as amended to incorporate by addition Exhibit 1 – Additional Scope of Services'. $953,300 (95% of fee at Section 6.1.2) until the Final Plans and Specifications have been submitted to the OWNER and review authorities. $1,003,520 (100% of fee at Section 6.1.2) upon full completion of bidding phase services. 227 IN WITNESS WHEREOF, the Parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN ______________________________________ Chuck Winn, City Manager ATTEST: ________________________________________ Mike Maas, City Clerk APPROVED AS TO FORM ____________________________________ Greg Sullivan, City Attorney ENGINEER BY: ITS: 228 1 BACKGROUND The overall objective of this amendment is for predesign, design and bidding services for the magnesium hydroxide system, force main drain sump, and scum relocation as part of the City of Bozeman (City) Water Reclamation Facility (WRF) Phase 1 Base Hydraulic Upgrade Project. These systems were discussed in recent phosphorous mass balance studies and meetings with the City and serve a key role in maintaining nutrient treatment and thickening capacity. SCOPE OF SERVICES The scope of services is identified in the following tasks and will commence upon written Notice to Proceed (NTP) with the selected tasks. The project schedule will extend final design 30 days from the existing Phase 1 design schedule. Tasks Description 300 60% Design 400 Final Design Task 300. 60% Design Objective and Approach Magnesium Hydroxide System Design The new magnesium hydroxide system design will be based on decisions and recommendations made in the Digester Phosphate Evaluation Technical Report and in workshops with the City. The new system will likely consist of a magnesium hydroxide storage and dosing system with typical appurtenances, controls, and instrumentation. The addition of a new system is requested to improve the reliability and redundancy of phosphorous treatment. The evaluation of different chemical delivery and dosing alternatives will be discussed with the City to determine preferred design approach under Task 400. It is anticipated that two different options will be evaluated. 1.A dosing and storage system that involves dry magnesium in bulk and make down into day tanks with a pumped dosing system and controls. 2.A system that would continue to use liquid bulk magnesium hydroxide with specialized tanks, dosing system, and controls. These two alternatives will be presented to include a comparison with capital and O&M cost estimates. EXHIBIT 1 - ADDITIONAL SCOPE OF SERVICES 229 2 Force Main Drain Sump System Design The force main drain sump improvements design will be based on performance data and hydraulic modeling and will be reviewed in workshops with the City. The new system will likely consist of new force main drain pumps and aeration-based wet well mixing system with typical appurtenances, controls, and instrumentation. The addition of a new system is requested to improve the capacity and reliability of the sump that conveys filtrate and pressate back into the bioreactors. The evaluation of different improvement alternatives will be discussed with the City to determine preferred design approach under Task 400. It is anticipated that two different options will be evaluated. 1. Replace existing pumps, install mixing, maintain existing 4-inch force main. 2. Replace existing pumps, install mixing, maintain install new 6-inch force main. These two alternatives will be presented to include a comparison with capital and O&M cost estimates. Scum Relocation Design The relocated scum pipe design will be based on record drawings and hydraulic modeling and will be reviewed in workshops with the City. The system will likely consist of a new scum pipe to divert secondary scum to the primary clarifiers instead of to thickening. The addition of a new scum line is requested to improve the capacity and reliability of the thickeners. The evaluation of different improvement alternatives will be discussed with the City to determine preferred design approach under Task 400. Task 300 Assumptions The fee for this task is based upon the following assumptions: • Existing phosphorous mass balance studies and reporting will be used to inform system sizing and design. • No additional work is required to determine magnesium hydroxide dosing ranges. Task 300 Deliverables Deliverable work products consist of the following: • Preliminary layouts and cost estimates for two different dosing system alternatives. • Preliminary layouts and cost estimates for two different force main drain sump alternatives. • Preliminary layout and cost estimate for scum line relocation. • Notes from the meetings transmitted to City via email in .pdf format. 230 3 Task 400. Final Design Objective and Approach Final design based on the requirements of the City and the State of Montana DEQ Circular DEQ-2 Design Standards for Wastewater Facilities. The final design of the aforementioned systems will be based on Task 300 information and additional feedback received from the City during design workshops. This includes a final project manual, plans, and opinions of probable construction cost (OPCC). Also included is a formal design review where HDR will present the design to City staff to seek input and comments. HDR will include comments for the magnesium hydroxide system in the memorandum summarizing City feedback as part of the Phase 1 scope. Task 400 Assumptions The fee for this task is based upon the following assumptions: 1.Any opinions of probable project cost or probable construction cost provided by Engineer are made on the basis of information available to Engineer and on the basis of Engineer's experience and qualifications and represents its judgment as an experienced and qualified professional engineer. However, since Engineer has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s’) methods of determining prices, or over competitive bidding or market conditions, Engineer does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Engineer prepares. 2.Agency review fees to be paid directly by Owner. 3.Owner to assist with City of Bozeman building reviews. Task 400 Deliverables Deliverable work products consist of the following: •Bid-ready plans and specifications. •Notes from the meetings transmitted to City via email in .pdf format. 231 Fee Estimate as of 04/13/2026 Client: City of Bozeman Project: WRF Phase 1 Digester and Hydraulic Upgrades: MagOH Amendment Summary of Hours Project Manager 21.00 Design Engineer 84.00 Engineer Sanitary 47.00 QA/QC 37.00 Engineer Instrumentation Sr 21.00 Section Manager Team Leader 5.00 Engineer Structural Sr 19.00 Project Accountant 2 5.00 CAD 152.00 Engineer Electrical 40.00 Total Hours 210.00Total HDR Labor $73,520.00 Total ODC $0.00 Total Subcontractors $0.00 Total Fee $73,520.00 232 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign an Amendment 2 to Task Order 3 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc. Providing for Additional Bidding Phase Services for the WRF Solar Project MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment No. 2 to Task Order No. 3 of the Professional Services Master Task Order Agreement with HDR Engineering, Inc. Providing for Additional Bidding Phase Services for the WRF Solar Project STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:HDR Engineering provides professional engineering services on an on-call basis for the Water Reclamation Facility (WRF) under a master task order professional services agreement authorized by the City Commission on June 3, 2025. The City and HDR entered into Task Order No. 3 on July 22, 2025, which provided for HDR’s completion of final design documents for the proposed 553.4 kW non-export solar generation project at the WRF. Amendment No. 1 to this task order was authorized by the City Commission on January 6, 2026 to provide for preparation of contract documents and bidding phase services for the project. Construction bids for the project were opened on March 5, 2026. The City Commission rejected all bids on April 21, 2026 and authorized the project to be rebid at a later date. Attached to this memorandum is Amendment No. 2 to Task Order 3, providing services for contract document modifications and additional bid phase services to rebid the project. UNRESOLVED ISSUES:See linked item above for Amendment No. 1. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Negotiated costs Amendment No. 2 increase agreed costs for Task Order 3 by $19,387 for a total amended amount of $135,487. Project costs are funded by the wastewater fund through capital improvement plan project 233 'WW155 - WRF Solar Arrays'. The available unobligated budget for WW155 amounts to $1,028,200. Sufficient funding exists to cover the amended task order costs. Attachments: Amendment 2_TO 3_WRF Solar.pdf Report compiled on: April 22, 2026 234 AMENDMENT NO. 2 TO AGREEMENT WRF ON CALL TASK ORDER NO. 3 FOR ENGINEERING SERVICES WHEREAS: The CITY OF BOZEMAN (“City”) and HDR ENGINEERING, INC. (“HDR”) entered into an agreement on July 22, 2025, said agreement being Task Order No. 3 of the Professional Services Master Task Order Agreement with HDR Engineering, to perform engineering services for the final design of the WRF Non-Export Solar Power Installation Project (“WRF Solar Project”); The City desires to amend this Task Order No. 3 Agreement (the “Agreement”) in order for HDR to perform services beyond those previously contemplated; and HDR is willing to amend the Agreement and perform the additional engineering services as set forth in this Amendment No. 2 to Task Order No. 3. NOW, THEREFORE, HDR and the City do hereby agree: The Agreement and the terms and conditions therein shall remain unchanged other than those sections and exhibits listed below; Attachment A – Task Order No. 3 Scope of Work shall be amended with the following: Add to Task 400- Bidding Services 400- HDR will provide bid-period services to assist the City in administering the rebid of the construction contract following revisions to the Contract Documents, including drawings and specifications. HDR will prepare advertisements and notices announcing or soliciting bids for the construction of the project. The City will determine the newspapers or other media where the advertisements and notices will be placed, coordinate with the advertising agencies, and pay directly for the advertisements and notices. HDR will provide PDFs of bidding documents for issuing to plan centers, bidders, the City, and others requesting copies of the bidding documents, utilizing the City’s QuestCDN platform. All drawings and bid documents will be in digital, .pdf format and will be distributed through the QuestCDN platform. HDR will maintain a Plan Holders List recording to whom copies of the bidding documents and half-size drawings have been issued. HDR will assemble addenda as appropriate to interpret, clarify or expand the Contract Documents and distribute the addenda to plan holders. HDR will prepare an agenda and conduct a virtual pre-bid conference to be attended by City staff, interested contractors, and the project team. No worksite tour is included. 235 The City will administer the bid opening and HDR will prepare the bid tabulation. HDR will assist the City in evaluating bids and provide a recommendation to award. Compensation Section shall be amended as follows: Total lump sum fee increase of this Amendment No. 2 to be $19,387, providing for an amended Agreement total of $135,487. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year written below: HDR ENGINEERING, INC. (“HDR”) City of Bozeman By:____________________________ By:_______________________________ Title:___________________________ Title:______________________________ Date:_________________________ Date:_____________________________ 236 Fee Estimate as of 04/21/2026Client: City of Bozeman Project: TO3 WRF Solar Amendment 2 Summary of Hours Project Engineer 25.00 Controls/Integration 2.00 Project Manager 52.00 Accountant 1.00 Project Admin 7.00 Total Hours 87.00 Total HDR Labor $19,387.00 Total ODC $0.00 Total Subcontractors $0.00 Total Fee $19,387.00 237 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Task Order Number 4 for the Right of Way Acquisition Project with Clear Route Real Estate, LLC for Properties Necessary to Construct the Fowler Avenue Connection Project MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Task Order Number 4 for the Right of Way Acquisition Project with Clear Route Real Estate, LLC for properties necessary to construct the Fowler Avenue Connection 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 Task Order Number 4 with Clear Route Real Estate, LLC for the Right of Way Acquisition Project under the Professional Services Agreement for Streets and Utilities Land Agent Service FY2026-FY2028. This task order includes acquisition services to obtain land for the construction of Fowler Avenue. A previous task order included the preliminary acquisition services for the largest parcel between Durston and Oak. That acquisition has progressed to the point of annexing and subdividing the property so that the transfer can take place. This task order is to complete all of the necessary paperwork for the transfer and the closing on the property once the subdivision is finalized. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:These services will be paid on a time and materials basis with a not to exceed total amount. The not to exceed for this task order is $8,750.00 to be paid from project SIF114 – Fowler Avenue Connection which has a budget of $9,551,800 in FY26. Attachments: Task Order 4 Proposal_2026-4-10.pdf 238 Report compiled on: April 21, 2026 239 April 10, 2026 Bob Murray, PE City of Bozeman 20 East Olive St. Bozeman, MT 59715 Subject: City of Bozeman Buyers Agent for R/W FY 2025 - FY 2026 Project Scope of Services – Task Order #4 Fowler Avenue R/W Acquisition—Anderson Parcel Closing Dear Bob, Clear Route Real Estate is pleased to submit this proposal to provide services for the project referenced above, as outlined in the attached Exhibit A. If the terms of this proposal are acceptable, please indicate your approval by signing and dating the signature page. This document outlines the agreement between the City of Bozeman (the “Client”) and Clear Route Real Estate. The Professional Services Agreement for Realty Professionals, under which Clear Route Real Estate will serve as the City’s Buyer’s Agent for right-of-way acquisition during FY 2025 – FY 2026, is hereby incorporated into and made an integral part of this contract. Project Intent We understand the City of Bozeman is in the process of completing the acquisition of private property as part of the Fowler Avenue Project in the near future. As part of the acquisition process, the City has requested right-of-way (R/W) acquisition services to be provided to complete the closing of the Anderson parcel. To facilitate the acquisition, one parcel requiring permanent R/W acquisition to be acquired (northeast corner of Fowler Avenue and Durston Road). Clear Route will provide professional R/W acquisition services to complete the acquisition and closing process. Thank you for including our team to assist with this project. Feel free to call me at 406-208-7919 if you have any questions regarding this proposal. If it meets your approval, please mail or email this signed and dated agreement to our office at P.O. Box 6162, Bozeman, MT 59771 or tgaddo@clearroute-re.com. Thank you. Sincerely, Clear Route Real Estate Tony Gaddo, P.E., REALTOR® Senior R/W Consultant, Broker/Owner Enclosures 240 Fowler Avenue – Anderson Closing Page | 1 4/10/2026 EXHIBIT A Scope of Services The scope of services is detailed below. 1. Project Research a. Obtain and review available preliminary design plans and project documentation b. Coordination meeting with the project team members c. Obtain/verify current deeds and ownership information for one parcel d. Review available annexation and subdivision agreements and details 2. Title Commitments a. A title commitment was previously prepared by Chicago Title however it is out of date. An updated commitment will be prepared by the title company. 3. Appraisals and Valuations a. An appraisal was previously prepared and will be utilized for the acquisition. 4. Prepare Contracts a. Prepare one R/W agreement for one parcel b. Sanbell – Rocky Mountain has prepared one permanent R/W exhibit with legal descriptions that will be incorporated into the agreement c. Clear Route will prepare acquisition documents including graphics, figures, maps, letters, and project information d. The City will provide copies of related agreements or documents for the subject property for inclusion in the property acquisition and closing documents, as needed e. Prepare acquisition cost details and summary f. QA/QC of documents 5. Acquisitions a. Conduct acquisition meetings with property owners of one parcel to finalize R/W agreement details b. Prepare final acquisition documents c. Prepare final acquisition costs d. QA/QC of documents 6. Title Clearing and Closing a. Prepare final title transfer documents, and schedule closing date b. Obtain mortgage releases, clear taxes and leans, as required c. Submittal of completed R/W acquisition offer packages to the City for review and execution d. Team coordination e. Attend closing meeting 7. Final Submittal and Closeout a. Prepare R/W acquisition project submittal packet b. Deliver completed title transfer documents c. QA/QC of deliverables 241 Fowler Avenue – Anderson Closing Page | 2 4/10/2026 Schedule Clear Route Real Estate and the Client will work together to create a schedule outlining key milestones for starting and completing the project. It’s anticipated that the final annexation meeting with the City Commission will be May 19, 2026—Clear Route will have the draft offer agreement prepared by this date with all known information as of that date. This schedule will reflect realistic timeframes for services provided by Clear Route and the Client’s other consultants and will incorporate anticipated review and approval periods by the Client and any governing agencies. The schedule will remain flexible and may be revised throughout the project to accommodate changes in scope or design, or to address delays or other factors outside Clear Route Real Estate’s control. Budget and Invoicing Clear Route will bill for its services on a time-and-materials basis with a total cost not to exceed $$8,750.00. Clear Route will begin work once this agreement has been signed by both parties. Right-of-Way Acquisition Services 1. Project Research $480.00 2. Title Commitments $780.00 3. Appraisals and Valuations $0.00 4. Prepare Contracts $2,015.00 5. Acquisitions $3,875.00 6. Title Clearing and Closing $1,240.00 7. Final Submittal and Closeout $360.00 Total $8,750.00 Clear Route Real Estate will submit monthly invoices to the Client for services performed during the prior billing period, typically aligning with the calendar month and spanning approximately 30 days. Each invoice will itemize, as applicable, charges based on time or unit rates, as well as any costs for subcontracted consultants and reimbursable expenses. Invoices will be issued promptly following the end of each billing period and will be due upon receipt by the Client. ___________________________________________________________________________ 242 Fowler Avenue – Anderson Closing Page | 3 4/10/2026 This Task Order is dated ________________, 20___ between City of Bozeman, Montana (City) and Clear Route Real Estate (Contractor). IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA CLEAR ROUTE REAL ESTATE, LLC By: _______________________________ By: _______________________________ Print Name: ________________________ Print Name: ________________________ Print Title: __________________________ Print Title: __________________________ Date: ______________________________ Date: ______________________________ 243 Memorandum REPORT TO:City Commission FROM:Kelley Rischke, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT:Adopt Findings of Fact and Order for Appeal 25769 Amending the Conditional Approval of the Sundance Springs Subdivision Commercial Lot 2 Site Plan, Application 25238 MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Adopt the attached Findings of Fact and Order for Appeal 25769 STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:These Findings of Fact and Order memorialize in writing the decision made by the City Commission on Appeal 25769. The City Commission held a public hearing on February 24, 2025 on Appeal 25769, which sought to overturn the Director's conditional approval of the Sundance Springs Subdivision Commercial Lot 2 Site Plan Application 25238. The Commission deliberated and voted to amend the Director's conditional approval on March 24, 2026. The Commission then voted approve the amended conditional approval of site plan application 25238. The attached Findings of Fact and Order for Appeal 25769 incorporates by reference the entire record of review and sets forth the findings made by a majority of Commissioners supporting the decision to amend and then approve the amended conditional approval of site plan application 25238. The Commission's adoption of the Findings of Fact and Order formalize the Commission's decision in writing. UNRESOLVED ISSUES:None. ALTERNATIVES:Do not adopt the Findings of Fact and Order for Appeal 25769 and provide specific direction to staff to amend the Findings of Fact and Order. FISCAL EFFECTS:None Attachments: 25769 Sundance Springs Appeal Findings of Fact and 244 Order.pdf Report compiled on: April 15, 2026 245 Findings of Fact and Order Sundance Springs Appeal Appeal number 25769 Appeal 25769 Findings of Fact and Order Amending the Conditional Approval of the Sundance Springs Subdivision Commercial Lot 2 Site Plan, Application 25238 Public Hearing: February 24, 2026 and March 24, 2026 before the Bozeman City Commission Description: Appeal filed by Tim & Nancy Swanson and Geoffrey Poole regarding Conditional Approval of the Sundance Springs Subdivision Commercial Lot 2 Site Plan, Application 25238. Project Location: Sundance Springs Sub Ph 1B, S25, T02 S, R05 E, Comm Lot 2 Plat J-257; corner of South 3rd Avenue and Little Horse Drive Staff Contact: Erin George, Director of Community Development Brian Krueger, Development Review Manager Zachary Moon, Associate Planner Decision: Approve the amended Director’s Conditional Approval of Site Plan 25238 to include a new condition of approval #4, as follows: Site Plan Application must update the lighting plan to comply with maximum lighting standard of 0.3 footcandles at the property boundary as required in 38.570.040.G.5, BMC. (4-1) Report Date: April 15, 2024 On February 24, 2024, the Bozeman City Commission (Commission) held a hearing to consider Appeal 25769 seeking to overturn the Director’s administrative decision conditionally approving a site plan application in the Sundance Springs subdivision, Application 25238. After hearing presentations and asking questions of Community Development staff, the Appellant, and the property owner, and after taking public comment on the application, the Commission continued its deliberation and vote on the matter to its March 24, 2026 City Commission meeting. On March 24, 2026, the Commission decided to amend the Director’s decision and subsequently approved the amended conditional approval of site plan application 25238. This document incorporates by reference the entire record of review and incorporates and memorializes the oral findings made by a majority of the Commission members in support of the decision to approve the amended site plan application 25238. 246 Page 2 of 4 Video recordings of the Commission hearing on February 24, 20261 and the Commission’s decision on March 24, 20262 are posted on the City’s website. Minutes of the Commission meeting are posted on the City’s website after adoption. The Commission first made the following motion, which passed 4-1: Having reviewed and considered Appeal 25769 seeking to overturn the decision of the Director of Community Development conditionally approving the Sundance Springs Subdivision, Commercial Lot 2 Site Plan Application 25238, the record of review, the presentation of staff and the Appellant, public comment and all information presented, I move to amend the conditional approval of Site Plan Application 25238 to include a new condition of approval 4, as follows: Site Plan Application 25238 must update the lighting plan to comply with maximum lighting standard of 0.3 footcandles at the property boundary as required in BMC 38.570.040.G.53. Then, the Commission made the following motion, which also passed on a 4-1 vote: I move to approve the amended Conditional Approval of the Sundance Springs Commercial Lot 2 Site Plan Application 25238. The Commission also considered a motion to further amend the Director of Community Development’s conditional approval to require removal of all parking within the rear setback and allow only landscaping within the rear setback. The motion failed 1-4. CITY COMMISSION’S FINDINGS: 1. The Commission adopts and supports the analysis and findings in the staff report for Appeal 25769 and the Director’s Decision for Site Plan Application 25238. 2. The subject property is a “lot with residential adjacency” as defined in the Bozeman Municipal Code (BMC). The lighting plan proposed with Site Plan Application 25238 does not comply with BMC code standards found in 38.570.040.G.5. The 1 https://bozeman.granicus.com/player/clip/2662?view_id=1&redirect=true 2 https://bozeman.granicus.com/player/clip/2680?view_id=1&redirect=true 3 All citations to the Bozeman Municipal Code in this document refer to the version of the code in place in December, 2025, which can be found here: https://library.municode.com/mt/bozeman/codes/code_of_ordinances/478543?nodeId=PTIICOOR_CH38UNDECO. On February 1, 2026, a new Unified Development Code (UDC) adopted by the Bozeman City Commission through Ordinance 2151 went into effect and the previous version of the UDC was repealed in its entirety. Appeal application 25769, as well as the underlying site plan application 25238 from which this appeal was taken, were deemed adequate for review prior to the effective date of the new UDC and, therefore, were reviewed under the previous version of the code. 247 Page 3 of 4 Commission finds compliance with lighting requirement standards is required and amends the Director’s decision conditionally approving Site Plan Application 25238 to include a condition of approval requiring compliance with code standards. 3. The Director was correct in applying Bozeman Municipal Code standards in place at the time the site plan application was determined adequate for review, on October 22, 2025, as required by section 38.200.080, BMC. Code standards from 1992 are inapplicable to Application 25238. 4. Site Plan Application 25238 complies with design guidelines incorporated within the Declaration of Covenants, Conditions and Restrictions for the Sundance Springs Section II Neighborhood Services Property (design guidelines) as evidenced, in part, by the compliant height and size of the buildings. 5. The proposed development has only one block frontage along Little Horse Drive. Site Plan Application 25238 complies with the requirements for landscaped block frontage found in Table 38.510.030.C of the BMC. 6. Section 8.3 of the design guidelines direct that structure setbacks are as allowed in the Bozeman Zone Code. Staff appropriately determined setbacks pursuant to code standards and correctly applied section 38.540.010.A.6, BMC to conclude that parking is allowed within rear setbacks. The parking locations and configuration in Site Plan Application 25238 comply with code and design guidelines. 7. The Master Plan document that Appellants contend is a binding document requiring only one, centrally located, single-story building on the site restricted to a use as a village store and gas station is not regulatory or binding. The Findings of Fact and Order for Preliminary Subdivision Plat Approval of Sundance Springs Planned Unit Development Subdivision, Phase I and for Conditional Approval of a Zoning Planned Unit Development contemplated that subsequent site-specific design would be required pursuant to BMC standards and expressly allows professional offices and permitted uses listed in the B-1 zoning district. 8. The staff’s analysis and conclusions were not pretextual. COMMISION ORDER: The decision of the Director of Community Development, conditionally approving site plan application 25238, is amended to include a condition of approval requiring compliance with Bozeman Municipal Code lighting standards in 38.570.040.G.5, BMC, and the amended 248 Page 4 of 4 conditional approval of the Sundance Springs Commercial Lot 2 Site Plan Application 25238 is approved. This Order resolves Appeal 25769. Dated this _______ day of _______________________, 2026 BOZEMAN CITY COMMISSION: __________________________________ JOEY MORRISON Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: __________________________________ GREG SULLIVAN City Attorney 249 Memorandum REPORT TO:City Commission FROM:Joey Morrison, Mayor SUBJECT:Mayoral Proclamation of May 2026 as Building Safety Month MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Administration RECOMMENDATION:Proclaim May 2026 as Building Safety Month. STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND:Building Safety Month is an opportunity to engage and educate the public about building life safety. This would be the City of Bozeman's second time participating in Building Safety Month with a Mayoral Proclamation. Life safety is addressed not only during construction but throughout a building's life cycle to keep our community safe. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: 2026 Building Safety Proclamation.docx Report compiled on: April 5, 2026 250 Whereas, the City of Bozeman is committed to safeguarding the safety, resilience, and sustainability of our residences, structures, and infrastructure, which are vital to daily life and to the well-being of our community during emergencies, and; Whereas our confidence in these community buildings relies on vigilant guardians— building safety, fire prevention officials, designers, constructors, tradespeople, and industry practitioners—who work year-round to ensure safety, and; Whereas these guardians are members of the International Code Council, a nonprofit that unites officials to develop standards that protect the buildings where we live, learn, work, and play. Whereas these modern building codes and standards include safeguards to protect the public from hazards such as snowstorms, tornadoes, wildland fires, floods, and earthquakes, and; Whereas the City of Bozeman, in partnership with ICC, recognizes Building Safety Month to highlight the vital role of our often-unnoticed protectors—our code officials— who ensure the safety and integrity of the buildings we depend on and that are crucial to our well-being. Whereas “Built to Last”, the theme for Building Safety Month 2026, encourages engagement in the community to promote awareness about building safety on personal, local, and global levels; The City of Bozeman Building Division within the Community Development Department aims to foster a collaborative environment with local construction professionals, promoting partnerships to address the city's needs. Every year during Building Safety Month, people worldwide are encouraged to focus on improving building safety, resilience, and economic development within their communities. The month also honors the essential work of local, state, and federal agencies in fire prevention and building safety, which are vital for protecting lives and property. NOW, THEREFORE, I, Joey Morrison, Mayor of Bozeman, do hereby proclaim the month of May 2026 as Building Safety Month. Accordingly, I encourage our citizens to join us in Building Safety Month activities. 251 Memorandum REPORT TO:City Commission FROM:Ben Abbey, Chief Building Official Erin George, Director of Community Development SUBJECT:Building Safety Month Presentation MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:No action needed 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: Building safety affects us all – it’s important to help spread the message about the need for safe, affordable, sustainable, and resilient buildings and encourage others to get involved. The International Code Council (ICC) launched Building Safety Month to engage and educate the public about building life safety. The ICC family of codes is the national standard adopted by the State of Montana for our model building codes. In Bozeman, these codes are implemented and enforced by the Building Division of the Community Development Department. The 2026 campaign theme is “Built to Last” and includes these special weekly themes: Week 1: Safe Homes, Strong Communities (May 1–10) focuses on simple actions homeowners can take to improve safety at home. Week 2: Voices of the Built Environment (May 11–17) spotlights building safety professionals and the roles they play in keeping communities safe. Week 3: Prepared to Protect (May 18–24) encourages community preparedness and highlights how disaster-resilient building codes protect people and property. Week 4: Communities Without Limits (May 25–31) showcases the importance of accessibility in building construction and design. Educational information associated with each weekly theme is posted on ICC's webpage. 252 UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: 2026_BSM_Poster_FINAL.pdf Report compiled on: April 23, 2026 253 254 Memorandum REPORT TO:City Commission FROM:Collin Mieras, Associate Planner Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-3 Residential Medium Density District (R-B Residential Mixed Use Low-Medium), for 9.979 Acres, the Hanson Lane Annexation, Located North of Durston Road and East of Hanson Street, Application 25775 MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 25775 and move to approve the Hanson Lane Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 25775 and move to approve the Hanson Lane Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. 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 applicant and property owner seek to annex one existing parcel consisting of 9.979 acres into the City limits and establish an initial zoning of R-B (Residential Mixed Use-B) District. The property is currently zoned SRR, Semi-Rural Residential, within Gallatin County. The Future Land Use Map in the Bozeman Community Plan (BCP) 2025 designates the property as “Urban Neighborhood” which includes R-B as an implementing zoning district. Adjacent municipal zoning includes R-A to the east and south, and R-A and PLI to the northwest. 255 This application was deemed complete before the effective date of the update to Chapter 38, Unified Development Code. Therefore, review is being completed under the prior documents and criteria. Any future development of the property will be completed under the current Unified Development Code at that time. The property owner does not have any current plans to develop the property after the completion of the annexation, zone map amendment, and subdivision exemption. Any possible future development will need to comply with the permitted uses and standards in the R-B zone district. Please note that this annexation is separate from the Fowler Housing Project, which is located on the adjacent property to the north/northeast and owned by the City. Following the City’s acquisition of the Fowler and Annie Street rights-of-way, the remaining portion of the subject property will remain under private ownership for future use or sale. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on April 20, 2026. After receiving presentations from Staff and Applicant’s representative, and comment from the public, the board discussed the appropriateness of the requested R-B zoning for the property, compliance with review criteria, and public comment. The Board voted unanimously (7:0) to recommend to the City Commission to approve the zoning. Public comment was provided at the hearing. Fourteen (14) members of the public provided comment on the proposed zone map amendment. A recording of the deliberation can be viewed at the following link. The discussion starts at time stamp 39:21. The public comment starts at time stamp 1:22:20. View CDB Meeting Recording [External Link] The project report showing staff's analysis of the applicable criteria in state law is attached with this agenda item. Application materials are available in the Laserfiche folder [External Link]. Public comment on this agenda item is available through Laserfiche [External Link]. UNRESOLVED ISSUES:None. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:None at this time. 256 Attachments: 25775 Hanson Lane Annex_ZMA CC.pdf ANNEXATION MAP.pdf ZMA MAP.pdf Report compiled on: April 23, 2026 257 Page 1 of 43 25775 Staff Report for the Hanson Lane Annexation and ZMA Public Hearings: Planning Commission (map amendment only) April 20, 2026 City Commission (Annexation and map amendment) May 5, 2026 Project Description: Hanson Lane parcel requesting annexation of 9.979 acres and amendment of the City Zoning Map for the establishment of a zoning designation of R-B, Residential Medium-Low Density District, Application 25775. Project Location: Property is generally located north of Durston Road, west of New Holland Drive, and east of Hanson Street, and more particularly described as a tract of land in the East Half (E½) of the Southeast Quarter (SE¼) of Section 3, and the West Half of the West Half (W½W½) of the Southwest Quarter (SW¼) of Section 2, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana. Recommendation: Meets standards for approval with terms of annexation and contingencies. Zoning Commission Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 25775 and move to recommend approval of the Hanson Lane Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Annexation Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 25775 and move to approve the Hanson Lane Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 25775 and move to approve the Hanson Lane Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. 258 Staff Report for the Hanson Lane Annexation, No. 25775 Page 2 of 43 Report Date: April 22, 2026 Staff Contact: Collin Mieras, Associate Planner Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. This report addresses both the zoning amendment for Community Development Board acting in their capacity as the Zoning Commission, as well as the annexation and the zoning amendment for the City Commission. The application materials are available on the City’s website in the laserfiche archive. Unresolved Issues There are no identified conflicts on this application. Project Summary The applicant and property owner seek to annex one existing parcel consisting of 9.979 acres into the City limits and establish an initial zoning of R-B, Residential Medium-Low Density District. The property is currently zoned SRR, Semi-Rural Residential, within Gallatin County. This application was deemed complete before the effective date of the update to Chapter 38, Unified Development Code. Therefore, review is being completed under the prior documents and criteria. Any future development of the property will be completed under the current Unified Development Code at that time. The property is undeveloped and makes up a portion of an unannexed island within city limits. The unannexed island consists of 43.7 acres, of which this annexation totals 9.979 acres or 22.8% of the area. The property is directly adjacent to city limits on three sides: Durston Road to the south, Harvest Creek subdivision to the east, and the Cottage Park Condo complex to the northwest. The property is bordered by unincorporated property in the County directly to the north and the west. The purpose of the proposed annexation is to extend the Fowler Lane right-of-way and the Annie Street right-of-way. The Fowler Lane right-of-way will be extended north from where the road currently dead ends on the south side of Durston Road. In the future, Fowler Lane will be extended up to the Oak Street/Davis Lane roundabout. The extension 259 Staff Report for the Hanson Lane Annexation, No. 25775 Page 3 of 43 of the Fowler Lane right-of-way is part of a broader City goal to provide a continuous North-South roadway connection from Huffine Lane to Oak Street. The Annie Street right-of-way will be extended to provide connection from where the street currently dead ends at Hanson Street to the west and the property boundary to the east consistent with City policy and code. This annexation and zone map amendment is part of a purchase agreement for the Fowler Avenue and Annie Street rights-of-way. Following the annexation and zone map amendment, the property owner intends to complete a subdivision exemption to create road tracts for the Fowler Avenue and Annie Street rights-of-way. The City will then purchase the road tracts from the property owner, and the remainder of the property will remain with the property owner. The Future Land Use Map in the Bozeman Community Plan (BCP) 2025 designates the property as “Urban Neighborhood” which includes R-B as an implementing zoning district. Adjacent municipal zoning includes R-A to the east and south, and R-A and PLI to the northwest. The property owner does not have any current plans to develop the property after the completion of the annexation, zone map amendment, and subdivision exemption. Any possible future development will need to comply with the permitted uses and standards in the R-B zone district. In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Please note that this annexation is separate from the Fowler Housing Project, which is located on the adjacent property to the north/northeast and owned by the City. Following the City’s acquisition of the Fowler and Annie Street rights-of-way, the remaining portion of the subject property will remain under private ownership for future use or sale. Community Development Board (Zoning Commission) Summary The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on April 20, 2026. After receiving presentations from Staff and Applicant’s representative, and comment from the public, the board discussed the appropriateness of the requested R-B zoning for the property, compliance with review 260 Staff Report for the Hanson Lane Annexation, No. 25775 Page 4 of 43 criteria, and public comment. The Board voted unanimously (7:0) to recommend to the City Commission to approve the zoning. Public comment was provided at the hearing. Fourteen (14) members of the public provided comment on the proposed zone map amendment. A recording of the deliberation can be viewed at the following link. The discussion starts at time stamp 39:21. [External Link] Public Comment can be reviewed at the following link [External Link]. The public comment starts at time stamp 1:22:20. Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 261 Staff Report for the Hanson Lane Annexation, No. 25775 Page 5 of 43 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 2 Unresolved Issues ............................................................................................................. 2 Project Summary ............................................................................................................... 2 Community Development Board (Zoning Commission) Summary .............................. 3 Alternatives ........................................................................................................................ 4 SECTION 1 - MAP SERIES: ...................................................................................................... 6 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .................................................. 13 SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ............ 14 SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS............................................... 15 Annexation ....................................................................................................................... 15 Zone Map Amendment ................................................................................................... 15 SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS .......................................... 16 SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 20 APPENDIX A - NOTICING AND PUBLIC COMMENT ............................................................ 40 APPENDIX B - PROJECT LAND USE PLAN AND PROPOSED ZONING .............................. 40 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ...................................... 43 FISCAL EFFECTS .................................................................................................................... 43 ATTACHMENTS ...................................................................................................................... 43 262 Staff Report for the Hanson Lane Annexation, No. 25775 Page 6 of 43 SECTION 1 - MAP SERIES: Map 1: Project Vicinity Map 263 Staff Report for the Hanson Lane Annexation, No. 25775 Page 7 of 43 Map 2: Future Land Use Designation 264 Staff Report for the Hanson Lane Annexation, No. 25775 Page 8 of 43 Map 3: Current Zoning Map (before Feb. 1st, 2026) 265 Staff Report for the Hanson Lane Annexation, No. 25775 Page 9 of 43 Map 4: Current Zoning Map (on and after Feb. 1st, 2026) 266 Page 10 of 43 Map 5: Applicant Annexation Map 267 Staff Report for the Hanson Lane Annexation, No. 25775 Page 11 of 43 Map 6: Zoning Map – large geographic scale 268 Staff Report for the Hanson Lane Annexation, No. 25775 Page 12 of 43 Map 7: Residential Density, 2023 Data 269 Page 13 of 43 SECTION 2 - RECOMMENDED TERMS OF ANNEXATION The following terms of annexation are recommended to enable the application to comply with the City’s Annexation Policy and the requirements of state law for the provision of services. Recommended terms of annexation: 1. The documents and exhibits to formally annex the subject property must be identified as the “Hanson Lane Annexation”. 2. An Annexation Map, titled Hanson Lane Annexation Map, with a legal description of the property and any adjoining un-annexed rights-of-way and/or street access easements must be submitted by the applicant for use with the Annexation Agreement. The map must be supplied as a PDF for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineers Office. This map must be acceptable to the Director of Public Works and City Engineers Office, and must be submitted with the signed Annexation Agreement. 3. The applicant must execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the distribution of the annexation agreement from the City to the applicant or annexation approval shall be null and void. 4. The landowners and their successors must pay all fire, street, water, and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. The Annexation Agreement must include the following notices: a. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for preparing a storm water master plan in conjunction with future development. The storm water master plan shall address maintenance and operations until and unless the City affirmatively assumes responsibility for maintenance and operations of stormwater facilities within the area of the annexation. b. The Annexation Agreement must include notice the City will, upon annexation, make available to the Property existing City services only to the extent currently available, or as provided in the Agreement. c. The Annexation Agreement must include notice that there is no right, either granted or implied, for Landowner to further develop any of the Property until it is verified by the City that the necessary municipal services are available to the property. 270 Staff Report for the Hanson Lane Annexation, No. 25775 Page 14 of 43 d. The Annexation Agreement must include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the properties in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. e. The Annexation Agreement must include notice that utility easements may be required to be provided by the landowner at the time of development to ensure necessary municipal services are available to the property. f. The agreement must include notice that charges and assessments may be required after completion of annexation to ensure necessary municipal services are available to the property. g. The Annexation Agreement must include notice that the City will assess system development and impact fees in accordance with Montana law and Chapter 2, Article 6, Division 9, Bozeman Municipal Code. h. All procedural terms necessary to establish the Annexation Agreement in conformance with state law and municipal practice will be included with the final Annexation Agreement. 6. The Annexation Agreement must include notice that the purchase agreement between the landowner and the City for the Fowler Avenue and Annie Street Rights-of-Way must be executed following completion of the subdivision exemption process that will create road tracts for the Fowler Avenue and Annie Street Rights-of-Way. 7. The Annexation Agreement must include notice that the applicant must connect to municipal services and will be responsible for installing any facilities required to provide full municipal services to the property in accordance with city policy at the time of connection. 8. All final easements provided to the City must be stamped and signed by a licensed professional surveyor. SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. 271 Staff Report for the Hanson Lane Annexation, No. 25775 Page 15 of 43 Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Hanson Lane Annexation Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 2. That the Ordinance for the Zone Map Amendment shall not be finalized until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 3. That the applicant must submit a Zone Amendment map, titled “Hanson Lane Annexation Zone Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and total acreage of the property to be rezoned, unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable mete and bounds legal description prepared by a licensed Montana surveyor. SECTION 4 - RECOMMENDATION AND FUTURE ACTIONS Annexation Having considered the criteria established for annexation, the Development Review Committee (DRC) did not find any deficiencies that prohibit annexation at this time that could not be addressed through future development review processes and adopted City Codes. The City Commission will hold a public meeting on the annexation on May 5, 2026. The meeting will begin at 6 p.m. Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff found the requested zoning meets standards for approval as submitted. The Zone Map Amendment (ZMA) is in conjunction with an annexation request. Staff’s 272 Staff Report for the Hanson Lane Annexation, No. 25775 Page 16 of 43 recommendation and staff responses are predicated on approval of the annexation, application 25775. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application that cannot be addressed with adopted standards and requirements for future development. The Community Development Board acting in their capacity as the Zoning Commission held a public hearing on this zone map amendment on April 20, 2026, and forwards a recommendation of approval to the City Commission on the zone map amendment. The meeting began at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The City Commission will hold a public meeting on the zone map amendment on May 5, 2026. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The City Commission will conduct a public hearing on the proposed Zone Map Amendment application. SECTION 5 - ANNEXATION STAFF ANALYSIS AND FINDINGS In considering applications for approval of the requested annexation, the advisory boards and City Commission consider the following: Commission Resolution No. 2025-07 Policies [External Link] Policy 1: Annexations must include dedication of all rights of way for collector and arterial streets, public water, sanitary sewer, or storm or sewer mains. When required, rights of way for anchor routes as recognized in the City’s adopted parks and trails plans, must be provided when such anchor routes are not located within the right of way for arterial or collector streets. Criterion met. Fowler Avenue is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way width of 100 feet. Annie Street is classified as a Local Street in the TMP, which has a minimum right-of-way width (ROW) of 60 feet. This annexation is a part of a purchase agreement between the property owner and the City whereby if the property is annexed and zoned, the property owner will complete a subdivision exemption to create road tracts for the required ROW for Fowler Avenue and Annie Street. The property owner will then sell those road tracts to the City for the future expansion of these ROWs. The new ROW will provide space for various mains referenced 273 Staff Report for the Hanson Lane Annexation, No. 25775 Page 17 of 43 in the policy. Policy 2: Annexations may be required to include dedication of rights of way for adjacent or internal local streets to complete street connectivity and provide required legal and physical access. Criterion met. As noted above, the right-of-way for Annie Street will be obtained by the City through a purchase agreement following annexation, zoning, and the subdivision exemption process. Although it is unlikely additional right-of-way will be required with future development, no additional local street network is required for compete street connectivity or physical access at this time. Additional internal streets, if needed, will be required with subsequent site plan and/or subdivision review. Policy 3: Annexations must include written waivers of a property owner’s right to protest the creation of special improvement districts necessary to provide essential services. The waivers must run with the land, be binding on the owner and owner’s successors in interest and be recorded concurrently with the annexation agreement. Criterion met. The City Director of Transportation and Engineering determined that SID waivers will not be required with this annexation as the City will construct Fowler Avenue and associated utilities as a term of the purchase agreement with the property owner or part of the City’s Fowler Avenue project. Policy 4: The petition for annexation must be in conformance with the current Bozeman land use plan (growth policy). If a land use plan (growth policy) amendment is necessary for anticipated land uses, the land use plan amendment process must be completed prior to any action for approval of a petition for annexation. Criterion Met. The property is designated “Urban Neighborhood” on the future land use map. No land use plan amendment is required. The application includes a request for initial zoning of R-3 (R-B). See the zone map amendment section of this report for analysis of the zone map amendment criteria. Policy 5: The City prefers petitions for annexation of land larger than five acres. However, the City will consider annexation of smaller areas of land when one or more of the following are present: topographic limitations; the land is served by one or more City utilities; septic system failure; extension and integration of transportation infrastructure; enhancement of the existing traffic circulation system or to provide for transportation systems that do not currently exist; annexation will make the City boundaries more regular; annexation will better 274 Staff Report for the Hanson Lane Annexation, No. 25775 Page 18 of 43 incorporate unannexed property for the provision of City fire, police, and emergency services; or when annexation provides improved access to and maintenance of public facilities. Criterion Met. The tract consists of 9.979 acres. While the policy prefers larger areas of land for annexation, this application also satisfies several of the criteria for annexation of smaller areas of land. Annexation of the property will fill a portion of an unannexed island that is wholly surrounded by city limits, which will help to make the City boundaries more regular. The annexation enhances the existing traffic circulation system by providing the rights-of-way for Fowler Avenue and Annie Street. The right-of- way for Fowler Avenue will help accommodate the City’s long term transportation plan goal to provide a continuous connection from Huffine Lane to Oak Street via Fowler Avenue. The right-of-way for Annie Street will provide a new east-west connection for neighborhood circulation within the neighborhoods directly adjacent on both sides of the annexation. The additional right-of-way will also fill missing gaps in the pedestrian and bicycle systems and substantially improve connectivity. And finally, annexation will better incorporate provisions of fire, police, and emergency services. Policy 6: The City will review infrastructure and emergency services available to an area proposed for annexation for the health, safety and welfare of the public and conformance with the City’s adopted plans. If the City determines adequate services cannot be provided to ensure public health, safety and welfare, the City may deny the petition for annexation. Alternatively, the City may require all property owners within the land to be annexed provide a written plan for accommodation of services at the expense of the property owner(s). The land to be annexed may only be provided sanitary sewer service via the applicable drainage basin defined in the City Wastewater Collection Facilities Plan. Criterion Met. City infrastructure and emergency services are available to the subject property. An existing 18-inch wastewater collection pipe bounds the property on the east. There are existing 8-inch ductile iron water pipes that dead-end at the eastern property line in all the adjacent streets to the east (Oliver St, Rose St, Lily Dr, Annie St and Farmall St). An 8-inch ductile iron water pipe also dead ends at the western property line in Annie Street. There is also an 8-inch ductile iron water pipe that lies in Hanson Street to the west. Any future development will be required to connect to the City systems. The property is located adjacent to existing urban development that is currently served by Bozeman Fire and Police. 275 Staff Report for the Hanson Lane Annexation, No. 25775 Page 19 of 43 Per Term of Annexation 7, the Annexation Agreement required to finalize the requested annexation will require the applicant to design extensions of services to meet the City’s adopted infrastructure standards. These include provisions for minimum water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers, and other standards necessary to protect public health and safety and ensure functional utilities. Policy 7: The City may require annexation of any contiguous property for which City services are requested or for which City services are currently being provided. In addition, any person, firm, or corporation receiving water or sewer service outside of the City limits is required as a condition of initiating or continuing such service, to record a consent to annexation of the property serviced by the City. The property is not currently provided City services. No emergency connection is requested. City services will be required to be provided concurrent with future development. Term of Annexation 7 addresses connection to services. Policy 8: The City Manager may enter into an agreement with a property owner for an emergency connection to the City’s sanitary sewer or water system. In doing so, the property owner must submit a petition for annexation and file a notice of consent to annex with the Gallatin County Clerk and Recorder’s Office prior to connection to City utilities. The City will prepare the notice of consent to annex. The agreement for connection to City sewer or water must require the property owner to complete annexation or consent to disconnection of the services. Connection for purposes of obtaining City sewer services in an emergency requires, when feasible as determined by the City, the connection to City water services. Emergency connection is not being requested or required. Policy 9: The use of Part 46 annexations is preferred. This annexation is being processed under Part 46 provisions. Policy 10: Where a road improvement district has been created, annexation does not repeal the creation of the district. The City will not assume operations of a road improvement district until the entirety of the district has been annexed. Any funds held in trust for the district will be used to benefit the district after transfer to the City. Inclusion within a district does not absolve a landowner of the obligation to participate in general City programs that address the same subject. No road improvement district is associated with this application. Policy 11: The City requires connection to and use of City utilities and services upon development of annexed properties. The City may establish a fixed time frame for 276 Staff Report for the Hanson Lane Annexation, No. 25775 Page 20 of 43 connection to municipal services. Upon development, unless otherwise approved by the City, septic systems must be properly abandoned and the development must be connected to the City sanitary sewer system. Upon development, unless otherwise approved by the City, water wells on the subject property may be used for irrigation but must be disconnected from any structure. Potable water must be supplied from the City water distribution system. The property owner must contact the City Water and Sewer Division to verify disconnection of wells and septic systems. There are no existing structures on the subject property, and thus no on-site well or septic system. Any future development requiring sanitary sewer or water will be required to connect and use city utilities. A term of annexation requires connection to municipal water and sewer implements this policy. Term of Annexation 7 addresses this issue. Policy 12: All annexations must be contiguous with or wholly surrounded by the existing City boundary. The City Commission may agree to annex property that is not contiguous or wholly surrounded. If the land to be annexed is not contiguous to or wholly surrounded by the City, the reasoning and justification for annexation must be explicitly addressed within the petition and approved by the Commission prior to adoption of a Resolution of Annexation. This criterion is met. The property in question is contiguous to the City limits. The property is bounded on the south, east, and northwest sides by City limits. Further, the property is wholly surrounded by city limits. SECTION 6 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS Application 25775 was deemed sufficient for continued review prior to the effective date of the revised Bozeman Unified Development Code on February 1, 2026, and Bozeman Land Use plan, see Resolution 2025-71. Therefore, it is reviewed under the previous review criteria as described below. In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). 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. A zone map amendment must be in accordance with the land use plan (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria 277 Staff Report for the Hanson Lane Annexation, No. 25775 Page 21 of 43 D). Therefore, to approve a zone map amendment the Commission must find Criteria A- D are met. In addition, the Commission must also consider criteria E-K and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The Bozeman Community Plan (BCP) adopted in October 2025, Chapter 5, p. 71, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-25-304 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. The first criterion for a zoning amendment is accordance with a land use plan. Future Land Use Map (FLUM) The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2025 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the anticipated growth area of the City. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The description of the Urban Neighborhood designation reads: 278 Staff Report for the Hanson Lane Annexation, No. 25775 Page 22 of 43 “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a 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.” The correlation between the future land use map of the land use plan and the zoning districts is presented in Table 4 of the Bozeman Community Plan. As shown in the following Correlation with Zoning Table excerpt, the R-B district is an implementing district of the Urban Neighborhood designation. Except from BCP Future Land Use Map table: In finding that this application meets criterion A, the analysis is cognizant that in many planning efforts and discussions over the decades, the Planning Board and City Commission have considered the various elements of the question of to grow or not grow and the consequences of either approach. After considering this question, they have concluded that having growth within the physical boundaries of Bozeman results in better outcomes than not. Therefore, the BCP approaches growth as something that overall is positive but recognizes that it does not come without drawbacks and that the community will change over time. Zoning and subdivision regulations have been adopted to limit negative impacts and create positive outcomes. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2025. Most of the goals and policies are not applicable to this application. Relevant goals and 279 Staff Report for the Hanson Lane Annexation, No. 25775 Page 23 of 43 objectives have been identified by the applicant and staff. Conflict with the text of the land use plan hasn’t been identified. Beginning on page 71 of the BCP 2025 in the section titled Zoning Amendment Review, the document discusses how the city implements zoning for new areas, amendments to areas, and revisions to existing text. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development. It is inconsistent with this approach to zone at annexation for lower intensities than what infrastructure and planning documents will support. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The requested R-3 (R-B) is at the lower middle range of development intensity. The applicant identified several goals and policies from the Bozeman Community Plan 2025 (BCP2025) in support of the R-B zoning request found in File 007 - ZMA NARRATIVE [External Link]. Staff generally concurs with the identified goals. Goals and policies identified by the applicant include the following: • Goal N-1: Support well-planned, walkable neighborhoods. • N-1.1: Promote housing diversity, including missing middle housing. • N-1.3: Revise the zoning map to lessen areas exclusively zoned for single type housing. • N-1.9: Ensure multimodal connections between adjacent developments. • N-1.11: Enable a gradual and predictable increase in density in developed areas over time. • Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations • N-2.2: Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. • Goal DCD-1: Support Urban Development within the City. • DCD-1.11: Pursue annexations consistent with the future land use map and adopted facility plans for development at urban intensity. Staff provides additional analysis of the requested zoning for the record. DCD-3.4 Support implementation of the Bozeman Transportation Master Plan strategies. The Bozeman Transportation Master Plan includes the full length of Fowler Avenue as a minor arterial in the Visionary Major Street Network and includes the connection of Fowler from Huffine Lane to Oak Street in the Recommended Major Street Network 280 Staff Report for the Hanson Lane Annexation, No. 25775 Page 24 of 43 Improvements. The Fowler connection has been included in the City’s transportation planning since the 2001 long-range transportation plan. The City has included the Fowler Avenue connection in the Capital Improvements Plan for Fiscal Years 2026-2028, and is also finalizing the design phase of the Fowler Avenue Connection Project for the connection of Fowler Avenue from Huffine to Oak Street. The Fowler Avenue Connection project website provides history on the design development process and public engagement. This annexation is part of a purchase agreement for the Fowler Avenue right-of-way which will allow the City to implement the Transportation Plan strategies and the Fowler Avenue Connection Project to extend Fowler Avenue to the north from Durston Road to Oak Street. Goal N-3: Promote a diverse supply of quality housing units. As noted above the area is designated as Urban Neighborhood according to the FLUM. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. The proposed zoning district of R-B is primarily residential in nature, and all uses listed in Table 38.300.020. are allowed. Uses include single home dwellings, two-unit dwellings, three-unit dwellings, four-unit dwellings, multi-unit dwellings and townhomes/rowhouses up to eight units, accessory dwelling units, and other subordinate and residential types of use. 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. The city must balance encouraging housing development with development constraints and proximity to employment, entertainment, education, and supporting its climate action initiatives. Given the context of the predominantly low to medium density residential surrounding area, the proposed R-B zoning is appropriate for this property. The City’s zoning states “There is a presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied.” The newly adopted zoning restates the same concept with slightly different wording, “…development consistent with the standards of a zoning district is not detrimental to adjacent uses within that district or a different district.”, 38.200.020.C, Bozeman Municipal Code. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. 281 Staff Report for the Hanson Lane Annexation, No. 25775 Page 25 of 43 The property is adjacent to the city limits to the east, south and northwest, and is a part of a wholly surrounded area. This goal is furthered by the City’s annexation policies. The property has been wholly surrounded by the City since 2001. 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. According to the Gallatin County growth policy, Envision Gallatin Plan, the subject property is designated as “Annexation Holding Area”. The purpose of the Annexation Holding Areas is to promote efficient use of limited land resources in the County and prevent development reliant on well and septic systems in areas adjacent to municipal services and infrastructure. Goal RC-3: Collaborate with Gallatin County regarding annexation and development patterns adjacent to the City to provide certainty for landowners and taxpayers. Gallatin County has been notified of the proposed annexation. As shown in the Envision Gallatin plan, linked above, Gallatin County has identified this property as appropriate for annexation and development within the City. RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its utilities. The property in question is contiguous to the City limits on the east, south and northwest. RC-3.4 Encourage annexation of land adjacent to the City prior to development and encourage annexation of wholly surrounded areas. The property is adjacent to the City and does not create any new unannexed areas surrounded by City limits. Annexation of the property fills in a portion of a wholly surrounded area. B. Secure safety from fire and other dangers. Criterion Met. The property can be served by the Bozeman Fire Department. Fire protection water supply will be provided by the City of Bozeman water system. The property is not within any delineated floodplain nor does it have other known natural hazards. Upon annexation the subject property will be provided with City emergency services including police, fire and ambulance. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements. The City provides emergency services to adjacent properties and no obstacles have been identified in extending service to this parcel. The site is currently served by the Hyalite Fire District and Gallatin County Sheriff. 282 Staff Report for the Hanson Lane Annexation, No. 25775 Page 26 of 43 Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, site plan, and building permit C. Promote public health, public safety, and general welfare. Criterion Met. See comments in Section 6, Criteria A, B and D. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to construction of structures which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced. Provision of parks, control of storm water, and other features of the City’s development standards advance the general welfare. Compliance with the BCP 2025 advances the well-being of the community as a whole. 283 Staff Report for the Hanson Lane Annexation, No. 25775 Page 27 of 43 Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion Met. This property is included in future planning areas. The City conducts extensive planning for municipal transportation, water, sewer, parks, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions and identify enhancements needed to provide additional service needed by new development. The City implements these plans through its capital improvements 284 Staff Report for the Hanson Lane Annexation, No. 25775 Page 28 of 43 program that identifies individual projects, project construction scheduling, and financing of construction. As stated in Sec. 38.200.020.E, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.E, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” The application site is located well within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. Adequacy of all these public requirements is evaluated during the subdivision and site development process. The site is adjacent to Durston Road, an arterial, and Fowler Avenue, an arterial, will be extended through the site with the City’s Fowler project noted above. Connection to local streets is expected through Annie Street, Hanson Street, and potentially others. An 18 inch sewer main passes through the site and water services are adjacent to the site. Extensions of utilities and transportation to service this site are readily achieved. Future development will require mitigation of impacts on park services. 285 Staff Report for the Hanson Lane Annexation, No. 25775 Page 29 of 43 Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities plan, Water facilities plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The R-B district provides abundant light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. 286 Staff Report for the Hanson Lane Annexation, No. 25775 Page 30 of 43 The Lot Standards, Sec. 38.210.030, provide minimum lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines, and limits building heights. Division 38.260 further expands on these requirements. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. Municipal Code Section and Title Subject Related Documents When standard is applied 38.2 Zoning Districts Standards for building placement and maximum size Subdivision, site plan review, building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.260.040 On-site residential and commercial open space Private land open area requirements Site plan F. The effect on motorized and non-motorized transportation systems. Criterion Met. The application of an R-B zoning designation to this property will allow considerably more residential development than would be allowed in the County. However, the R-B zoning district is the second lowest density residential zoning district, which means that all infrastructure planning has assumed a relatively equal, if not greater intensity than what is allowed in the district. The limited size of the remainder property after the City’s purchase of the Fowler Avenue and Annie Street rights-of-way will also limit the intensity of development and number of new vehicle trips that will be generated by future development. The City purchase of rights-of-way and construction of Fowler Avenue and Annie Street, to minor arterial and local street standards respectively, will also mitigate the impact on the larger transportation network as this property, and the overall area, develops. 287 Staff Report for the Hanson Lane Annexation, No. 25775 Page 31 of 43 Support of multi-modal transportation is limited. Due to the property’s location, there are limited destinations within walking distance. Both Fowler Avenue and Annie Street will include pedestrian infrastructure with the installation of sidewalks. The addition of sidewalks on the future Annie Street connection will provide a connection between the adjacent neighborhoods as the sidewalks on the existing Annie Street on both the west and east sides of the property dead end at the property line. Installation of sidewalks is a minimum development standard. The bicycle infrastructure in the area is minimal, but there are existing bike lanes on Durston Road and Oak Street. Both of these rights-of-way provide continuous east/west connection across the city, and the connection of Fowler Avenue from Durston Road to Oak Street will provide better connection to the overall bicycle infrastructure network in the City. Any future development must comply with adopted transportation standards which will ensure provision of local streets and sidewalks. This will result in a more functional transportation system than currently exists. Municipal Code Section and Title Subject Related Documents When standard is applied 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.420.110 Recreation Pathways Location and requirement to install. Park, Recreation, and Active Transportation Plan Annexation for Class 1 Trails easement. Subdivision or site plan for all else. The City has set minimum standards applicable to development to limit block length, ensure trail and sidewalk connections, and provide streets adequate to carry traffic projected from development. These standards are not applied at the time of the ZMA but 288 Staff Report for the Hanson Lane Annexation, No. 25775 Page 32 of 43 are implemented during the subdivision and site plan processes required before any construction may begin. See also Section 6, Criterion D. This annexation is unique in that the City will construct the streets and sidewalk connections for Fowler Avenue and Annie Street prior to any future development going through the subdivision and site plan processes. Standards for any internal roadways, sidewalks, or trails necessary to service the future development of the remainder of the property will still be implemented during the subdivision and site plan processes. Prior to plat or plan approval, occupancy or other appropriate trigger, the future applicant must show all applicable transportation systems are adequate to serve the proposed development and must meet minimum City standards. City plans acknowledge the tension that may be created with development. Not all goals and policies are furthered with a particular application. The need for expanding the transportation network to increase efficiency and safety, the logical infill of unannexed “islands” within city limits, and the need for housing within the City outweigh negatives associated with this application. G. Promotion of compatible urban growth. Criterion Met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan P. 51) Compatible development is generally considered to be the use of land and construction of structures that are harmonious with the surrounding development and neighborhood, as well as with the goals and objectives of the City’s land use plan. Compatible development does not require uniform architecture, site design, density, or land use. Compatible development can be different than what is already in place. Many elements of a proposed development can be analyzed to demonstrate compatibility. Below is a list of the general elements that are considered in the code in analyzing compatibility – this list is not exhaustive, and there may be elements not included that could also affect the compatibility of a proposed development. The City has adopted a variety of standards to implement compatibility of development and land uses as minimum outcomes of development. The City’s zoning states “There is a 289 Staff Report for the Hanson Lane Annexation, No. 25775 Page 33 of 43 presumption that the uses set forth for each district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied.” • Variety of architectural design • Rhythm of architectural elements • Scale • Intensity • Materials • Building siting • Lot and building size • Integration with existing community systems including: • Water and sewer services • Natural elements in the area • Motorized and non-motorized transportation • Open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use. Compatible land uses exist in harmony with adjoining land uses, even adjoining land uses that are of differing character. Discernible outward effects from the R-3 (R-B) district such as noise, odor, light, and physical hazards such as combustible or explosive materials are of a similar nature as the adjoining land uses. Compatibility is determined by compliance with established standards for land development, not personal preference. The proposed R-B district is primarily residential in character. The allowed uses for residential districts are set in Sec. 38.300.020.. The Lot Standards are set in Sec. 38.210.030. Adjacent municipal zoning includes R-A and PLI. To the north and west are a few additional unannexed “islands” of land zoned SSR (Semi-Rural Residential) in the County. The existing Harvest Creek subdivision (zoned R-A) directly to the east has 5.47 mean living units per acre, while the Partridge Downs Subdivision and the Cottage Park Condo complex (zoned R-A) to the west have 7.97 mean living units per acre. To the west of Partridge Downs and Cottage Park, the Oak Springs Subdivision (zoned R-B) has 7.99 mean living units per acre. Residential density is tracked through our Land Use Plan and the Bozeman’s Strategic Plan. See Map 6 in Section 1 or go directly to the Residential Density Map online. The City Commission increased minimum density requirements in 290 Staff Report for the Hanson Lane Annexation, No. 25775 Page 34 of 43 residential districts with the recently updated Unified Development Code. Minimum density in the R-B district is very similar to the existing density in the Cottage Park area. With the exception of un-annexed and undeveloped areas nearby, this area is considered low to medium density development which, in general, is typical of the R-B district. While residential density represents a snapshot in time, it does provide a qualifiable metric to assist in the compatible urban character determination. Densities are expected to increase over time. The current City Code requires a minimum density for the R-A zoning districts of 6 dwelling units per acre. R-B has a minimum density of 8 dwelling units per acre. R-C has a minimum density of 10 dwelling units per acre, and R- D has a minimum density of 14 dwelling units per acre. The intent of the R-B district, identified in Sec. 38.210.010.B, states “The R-B district is intended to accommodate a variety of residential housing options including single-unit dwellings, accessory dwelling units (ADUs), duplexes, townhouses, rowhouses, triplexes, fourplexes, and multi-unit dwellings with up to 8 units. Compatible group residential, cultural, park, open space, utility, and day acre uses supplement allowed residential uses. The BCP 2025 includes several objectives applicable to this criterion. These are: N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.2 Increase required minimum densities in residential districts. N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals. Application of any municipal zoning district to the subject property may alter the existing character of the subject property. It is not expected that zoning permanently freeze the character of an area. Rather, the application of R-B zoning with the surrounding R-A and R-B zoning represents the City’s goals of enabling an increase in density in developed areas and allowing for greater housing diversity within developed areas. The difference in minimum density between R-A and R-B is modest. Staff conclude that the R-B is compatible urban growth as called for in the land use plan. See also discussion for Section 6, Criteria A & H. H. Character of the district. Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited 291 Staff Report for the Hanson Lane Annexation, No. 25775 Page 35 of 43 to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” This proposal is an amendment to the zoning map, not the text. No element of this amendment modifies the standards of any zoning districts. The character of those districts remains unaltered. This criterion is most applicable to text amendments, but still must be applied to consideration of zone map amendments. The requested zoning meets the requirements of this criterion because the future land use map show this area as Urban Neighborhood and much of the surrounding area has developed as low to medium density residential. Most adjacent lands are also zoned low to medium density residential districts. The surrounding zoning, existing roads, and anticipated development represent an established character of incremental growth pattern of the area. The area is characterized by older developments with larger lots and homes to the east, shifting to newer developments with smaller lots and homes to the west. The requested zoning is listed as an implementing zone for the future land designated in the BCP. The proposed amendment only applies to the Applicant’s property and does not change what is or is not allowed on adjacent property. As noted above, the City Commission has discretion within the limits of the State established criteria in considering the location and geographical extents of a zoning district. Implementation of zoning must also be in accordance with the adopted land use plan. There is no minimum for the size of an area subject to a particular zoning district. As noted in Section 6, Criterion A, the City policy calls for a diverse and densifying land use pattern. See discussion in Section 6, Criteria A and G. The BCP 2025 includes several objectives applicable to this criteria. These are: N-1.11 Enable a gradual and predictable increase in density in developed areas over time. N-1.2 Increase required minimum densities in residential districts. N-3.5 Strongly discourage private covenants that restrict housing diversity or are contrary to City land development policies or climate action plan goals. Application of any municipal zoning district to the subject property and subsequent development may alter the existing character of the subject property with future development. Likewise, development under any municipal zoning district will be visually different from adjacent unannexed property. This is true even if both are used for similar types of housing due to the differences between municipal and county zoning. 292 Staff Report for the Hanson Lane Annexation, No. 25775 Page 36 of 43 Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. Zoning the property as R-B allows for an incremental increase in density and housing diversity within a developed area while still maintaining the existing low to medium intensity residential development of the area. Existing municipal development will be physically separated from future development on the site by right-of-way. See Section 6, Criterion A above for discussion about the application and land use plan and anticipated change to the character of the area. A review of the existing uses within a quarter mile radius of the amendment site shows five zoning districts, four of which are in the City, and one of which is in the County. The first municipal zoning district is R-A, which is immediately adjacent to the east and west of the property. R-A allows for single-unit and two unit dwellings, accessory dwelling units (ADUs) and townhomes and rowhouses up to 2 units. The second municipal zoning district is R-B, which is to the west of the property. R-B is a residential district that allows for single-unit dwellings, two-unit dwellings, three-unit dwellings, four-unit dwellings, multi-unit dwellings up to eight units, townhomes and rowhouses up to eight dwellings, accessory dwelling units, and many other subordinate and residential type of use. The third municipal zoning district is R-C, which is to the southeast of the property, across Durston Road. R-C is a residential district that allows for single-unit dwellings, two-unit dwellings, three-unit dwellings, four-unit dwellings, multi-unit dwellings up to twenty-four (24) units, townhomes and rowhouses up to twenty-four (24) dwellings, accessory dwelling units, and many other subordinate and residential type of use. The fourth and final municipal zoning district is PLI. PLI is intended for public and institutional uses. Parks, trails and open spaces within the City are typically zoned PLI. The areas around the property that are zoned PLI are all predominantly used for this stated purpose. The one zoning district within the County’s zoning program is SSR (Semi-Rural Residential). SSR is a limited residential development intended to preserve the continuation of existing agricultural pursuits. As stated in Section 6, Criterion A, the area zoned as SSR is anticipated to transition to urban development within the City. The SSR district allows for one single dwelling unit per half acre, one duplex per acre, as well as several accessory uses. Under a conditional use permit, SSR allows for one triplex per acre and one four-plex per acre as well. Therefore, the site under existing county zoning could provide for multiple four-plex or other residential structures. 293 Staff Report for the Hanson Lane Annexation, No. 25775 Page 37 of 43 When evaluating compatibility between zoning districts, Staff considers the full range of allowable uses, not only what is built now or proposed by a specific project. Permitted uses in the R-B zone are similar to the prevailing typologies in the area. The City, as shown by an examination of the zoning map and authorized uses in all zoning districts, strives to encourage a diverse development pattern and avoid large areas of single use development. This is further supported by the statement in the description of the Urban Neighborhood future land use category, “Large areas of any single type of housing are discouraged.” No size is specified for what a large area is. Therefore, when considering the character of an area it is expected that there will be diversity of development types. This diversity is also shown on the zoning maps in Section 1. Municipal Code Section and Title Subject Related Documents When standard is applied 38.300.020 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan, building permit 38.2 Zoning Districts Standards for building placement and maximum size Subdivision, site plan, building permit 38.260.070 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit Table 4 of the BCP 2025, see Section 6, Criterion A above, identifies the implementing zoning districts of the Urban Neighborhood future land use category. That category allows for zoning districts that authorize a wide range of possible future development. There are no zoning districts which are limited to only one type of development. All zoning districts implementing the Urban Neighborhood category provide for a range of housing types, institutions, and commercial activities. The expansiveness and intensity allowed varies between districts. As noted in this report, the BCP 2025 calls for evaluation of the entire range of uses in zoning districts when evaluating criteria for zoning amendments. 294 Staff Report for the Hanson Lane Annexation, No. 25775 Page 38 of 43 The R-B zoning district and the adjacent or nearby R-A, R-B and R-C zoning districts are residential in nature and are largely similar in uses and standards and differ only in the intensity of development allowed. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in R-B to be compatible with adjacent development and uphold the residential character in an area. The City Commission adopted 38.260.070 to establish transition standards between dissimilar districts. No transition was deemed necessary between the R-A and R-B districts. The standards adopted by the City prevent physically dangerous spillover effects. An example is the capture, treatment and discharge controls from additional storm water runoff as additional impervious surfaces are built. Required setbacks from property lines, landscaping requirements, and similar site and building standards address character and compatibility. These and other standards carry out the intent and purpose of the City’s land development standards in Chapter 38 of the municipal code. Sec. 38.100.040. - Intent and purpose of chapter. A. The intent of this unified development chapter is to protect the public health, safety and general welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use, and development identified in the United States and State of Montana constitutions, and statutory and common law; to implement the city's adopted growth policy; and to meet the requirements of state law. Zoning does not prohibit change but provides a structure within which change can occur. Such changes include modifications to both the text and zoning map. Such amendments are authorized in the zoning enabling act for municipalities. Landowners have both property rights and responsibilities. The City has adopted development standards to ensure that responsibilities are met while landowners exercise their property rights. The City has not chosen, and is not required, to adopt standards for all issues. For example, standards have not been adopted regarding preservation of view sheds or extra separation of buildings from unannexed property. See also discussion for Section 6, Criteria A, G, and F. I. Peculiar suitability for particular uses. Criterion met. The proposed amendment does not modify the existing standards of the R-B districts. Therefore, the impact of the amendment is limited to this application site. 295 Staff Report for the Hanson Lane Annexation, No. 25775 Page 39 of 43 The property is flat and without significant environmental constraints. The property is within the City’s planning area for land use and utility extensions. There is frontage on Durston Road, a minor arterial, and future frontage on Fowler Avenue, a minor arterial. Municipal utilities and emergency services can be extended to the area. The existing agricultural water user facility on the site will be protected by setbacks and requirements for consultant with water right holders. Municipal Code Section and Title Subject Related Documents When standard is applied 38.300.020 Permitted Uses What can be done where in the city. Land Use Plan Subdivision, site plan review, building permit 38.2 Zoning Districts Standards for building placement and maximum size Subdivision, site plan review, building permit 38.6 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit 38.410.060 Easements Subdivision, site plan The context, physical features, and future land designation are not unusual for properties adjacent to the City and described features support annexation and development within the City. While other uses may also be suitable, residential uses are suitable for this property. J. Conserving the value of buildings. Criterion met. The proposed amendment does not modify the existing standards of the R-B district. R-B zoning is primarily low to medium density residential in nature. The immediate Future Land Use and zoning surrounding the property is residential in nature. County zoning to the north and west is limited residential. No primary structures are on the site. Any new structures at the site will be required to meet setbacks and other protective requirements set forth in the Bozeman Municipal Code. Compliance will alleviate potential negative impacts to the value of surrounding buildings and properties. As described in earlier criteria, the proposed zoning is compatible with existing buildings on adjacent properties and does not create any new situations not in compliance with municipal code. 296 Staff Report for the Hanson Lane Annexation, No. 25775 Page 40 of 43 K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion Met. The proposed R-B zoning designation will encourage the most appropriate use of land as the property is adjacent to residential uses. There is access to the city’s services, including streets, thus it is able to support uses as allowed within the R-B zoning district. Furthermore, the proposed R-B zoning designation is consistent with the BCP 2025 future land use map designation of “Urban Neighborhood”. APPENDIX A - NOTICING AND PUBLIC COMMENT Notice was published in the Bozeman Daily Chronicle on March 28 and April 5, 2026. The notice was posted on site and notices mailed by the applicant as required by the BMC and the required confirmation provided to the Planning Office. Notice was provided at least 15 and not more than 45 days prior to any public hearing. Written public comments can be reviewed at the following link [External Link]. Oral comments are available at the recording of the Community Development Board meeting linked in the Executive Summary. Primary themes in public comment as of the writing of this report are: • Concerns over the proposed zoning of R-B instead of R-A. • Response to this theme is provided in Sections 5 and 6 of this report. Whether or not spot zoning occurs is a legal determination and is under the review of the City Attorney’s office. • Safety concerns with Fowler Avenue and Annie Street rights-of-way • Any future development will address transportation safety concerns with a subsequent subdivision and/or site plan application in accordance with Sec. 38.710.050.A.11. APPENDIX B - PROJECT LAND USE PLAN AND PROPOSED ZONING Adopted Land Use Plan Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2025. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire 297 Staff Report for the Hanson Lane Annexation, No. 25775 Page 41 of 43 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.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of R-B, Residential Medium-Low Density District, whose intents are: The intent of the R-B residential medium-low density district is to provide for primarily single-household residential development and related uses within the city at urban densities. These purposes are accomplished by: 1. The R-B district is intended primarily to accommodate a variety of residential housing options including single-unit dwellings, accessory dwelling units (ADUs), duplexes, townhouses, rowhouses, triplexes, fourplexes, and multi-unit dwellings with up to 8 units. 2. Compatible group residential, cultural, park, open space, utility, and day care uses supplement allowed residential uses. 298 Staff Report for the Hanson Lane Annexation, No. 25775 Page 42 of 43 299 Staff Report for the Hanson Lane Annexation, No. 25775 Page 43 of 43 APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF Owner: Emil Anderson, 90 Moss Bridge Road, Bozeman, MT 59718 Applicant: Sanbell, 106 East Babcock, Bozeman, MT 59715 Representative: Sanbell, 106 East Babcock, Bozeman, MT 59715 Report By: Collin Mieras, Associate Planner, 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 The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. The application materials can also be viewed online by clicking the following web link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=312177&dbid=0&repo=BOZEMAN 300 0 75 SCALE: 1" = 75' 1503875 UULC PRELIMINARY - FOR REVIEWFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONOF HANSON LANEANNEXATION MAPHANSON LANE ANNEXATIONANNEXATION APPLICATIONBOZEMAN, MONTANAG CN24006.08_HANSON_PLANS.DWGTH01/01/2026CITY REVIEW--------------24006.08ANNEXATION MAP LEGEND: PROPERTY SIZE: 434,685 SQUARE FEET 9.979 ACRES ZONE: EX. COUNTY ZONING: SRR PRO. CITY ZONING: R-3 HANSON LANE ANNEXATION MAP PROPERTY NOTES: THE EXISTING STRUCTURE LABELED ON THE SITE IS LEGALLY DESCRIBED AS: "AAP1 - POLE FRAME BUILDING, 4 SIDES CLOSED, METAL." BUILT IN 1978. DIMENSIONS ARE 40'X52'. THE SECTION LINE DITCH IS A SINGULAR DITCH RUNNING SOUTH TO NORTH ALONG AND THROUGH THE SUBJECT PROPERTY. IRREGULAR VEGETATION IS FOUND ALONG THE EDGE. THE DITCH RUNS OUT OF A STORM DRAIN AT THE SOUTH END AND INTO A STORM DRAIN AT THE NORTH END OF THE SUBJECT PROPERTY. THE DITCH ACTS AS AN IRRIGATION FACILITY. LEGAL DESCRIPTION: A TRACT OF LAND IN THE E½SE¼ OF SECTION 3, AND THE W½W½SW¼ OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, M.P.M., GALLATIN COUNTY, MONTANA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTION 2, 3, 10, AND 11 THENCE NORTH 01º36'27" EAST ALONG THE EAST LINE OF SECTION 3, A DISTANCE OF 594.83 FEET; THENCE NORTH 89º38'43" WEST, ALONG THE NORTH LINE OF THE PROPERTY DESCRIBED IN 10 FILM 134 OF DEED RECORDS, FILED WITH THE COUNTY CLERK AND RECORDER, GALLATIN COUNTY, MONTANA, A DISTANCE OF 286.86 FEET; THENCE NORTH 01º26'21" WEST, A DISTANCE OF 731.02 FEET; THENCE SOUTH 89º23'54" EAST , A DISTANCE OF 325.72 FEET TO THE SECTION LINE COMMON TO SECTIONS 2 AND 3; THENCE NORTH 89º44'00" EAST A DISTANCE OF 165.00 FEET; THENCE SOUTH 1º36'27" WEST PARALLEL TO THE WEST LINE OF SECTION 2, A DISTANCE OF 1,324.38 FEET TO THE SOUTH LINE OF SAID SECTION 2; THENCE SOUTH 89º46'00" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING, ACCORDING TO SURVEY RECORDED IN FILM 13, PAGE 166. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF BOZEMAN BY QUIT CLAIM DEED RECORDED OCTOBER 25, 2005 AS DOCUMENT NO. 2207022, RECORDS OF GALLATIN COUNTY, MONTANA. ZONE DEFINITIONS: CITY: R-1: RESIDENTIAL LOW DENSITY DISTRICT R-2: RESIDENTIAL MODERATE DENSITY DISTRICT R-3: RESIDENTIAL MEDIUM DENSITY DISTRICT PLI: PUBLIC LANDS AND INSTITUTIONS DISTRICT COUNTY: SRR: SEMI - RURAL RESIDENTIAL ZONE R: GENERAL RESIDENTIAL ZONE 301 0 75 SCALE: 1" = 75' 1503875 UULC PRELIMINARY - FOR REVIEWFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTIONOF HANSON LANEZMA MAPHANSON LANE ANNEXATIONANNEXATION APPLICATIONBOZEMAN, MONTANAH CN24006.08_HANSON_PLANS.DWGTH01/01/2026CITY REVIEW--------------24006.08ZMA MAP LEGEND: PROPERTY SIZE: 434,685 SQUARE FEET 9.979 ACRES ZONE: EX. COUNTY ZONING: SRR PRO. CITY ZONING: R-3 HANSON LANE ZMA MAP PROPERTY NOTES: THE EXISTING STRUCTURE LABELED ON THE SITE IS LEGALLY DESCRIBED AS: "AAP1 - POLE FRAME BUILDING, 4 SIDES CLOSED, METAL." BUILT IN 1978. DIMENSIONS ARE 40'X52'. THE SECTION LINE DITCH IS A SINGULAR DITCH RUNNING SOUTH TO NORTH ALONG AND THROUGH THE SUBJECT PROPERTY. IRREGULAR VEGETATION IS FOUND ALONG THE EDGE. THE DITCH RUNS OUT OF A STORM DRAIN AT THE SOUTH END AND INTO A STORM DRAIN AT THE NORTH END OF THE SUBJECT PROPERTY. THE DITCH ACTS AS AN IRRIGATION FACILITY. LEGAL DESCRIPTION: A TRACT OF LAND IN THE E½SE¼ OF SECTION 3, AND THE W½W½SW¼ OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, M.P.M., GALLATIN COUNTY, MONTANA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTION 2, 3, 10, AND 11 THENCE NORTH 01º36'27" EAST ALONG THE EAST LINE OF SECTION 3, A DISTANCE OF 594.83 FEET; THENCE NORTH 89º38'43" WEST, ALONG THE NORTH LINE OF THE PROPERTY DESCRIBED IN 10 FILM 134 OF DEED RECORDS, FILED WITH THE COUNTY CLERK AND RECORDER, GALLATIN COUNTY, MONTANA, A DISTANCE OF 286.86 FEET; THENCE NORTH 01º26'21" WEST, A DISTANCE OF 731.02 FEET; THENCE SOUTH 89º23'54" EAST , A DISTANCE OF 325.72 FEET TO THE SECTION LINE COMMON TO SECTIONS 2 AND 3; THENCE NORTH 89º44'00" EAST A DISTANCE OF 165.00 FEET; THENCE SOUTH 1º36'27" WEST PARALLEL TO THE WEST LINE OF SECTION 2, A DISTANCE OF 1,324.38 FEET TO THE SOUTH LINE OF SAID SECTION 2; THENCE SOUTH 89º46'00" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 165.00 FEET TO THE POINT OF BEGINNING, ACCORDING TO SURVEY RECORDED IN FILM 13, PAGE 166. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF BOZEMAN BY QUIT CLAIM DEED RECORDED OCTOBER 25, 2005 AS DOCUMENT NO. 2207022, RECORDS OF GALLATIN COUNTY, MONTANA. ZONE DEFINITIONS: CITY: R-1: RESIDENTIAL LOW DENSITY DISTRICT R-2: RESIDENTIAL MODERATE DENSITY DISTRICT R-3: RESIDENTIAL MEDIUM DENSITY DISTRICT PLI: PUBLIC LANDS AND INSTITUTIONS DISTRICT COUNTY: SRR: SEMI - RURAL RESIDENTIAL ZONE R: GENERAL RESIDENTIAL ZONE 302 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chuck Winn, City Manager SUBJECT:Appointment to the Police Commission MEETING DATE:May 5, 2026 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to appoint one member with a term expiring April 30, 2029 to the Police Commission. 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 Police Commission currently has one position with an expired term as of April 30, 2026. We have received three applications. The Police Commission is created under Section 7-32-4151, Montana Code Annotated. The three-member board is appointed by the City Manager, with the concurrence of the City Commission, and is comprised of those who are “residents of such city or town who shall have the qualifications required by law to hold a municipal office therein." Members are appointed to staggered three-year terms. Under Section 7-32- 4152, M.C.A., one member must be appointed annually at the first regular meeting of the City Commission in May. Section 7-32-4154, MCA describes the role of police commission in examination of applicants for police force; and, Section 7-32-4155, MCA describes the role of police commission in hearing and deciding appeals brought by police officers. The Police Commission conducts hearings and decides on appeals brought by any member of the Police Department who has been disciplined, suspended, removed, or discharged. This board currently has one available position. The City Clerk’s Office has received three qualifying applications, with their relevant qualifications indicated below (See attached applications.) 303 Applicants: Beth Corriea Thomas Sather John Stelly There is no City Commission Liaison for this board. Police Commission appointments are City Manager appointments with the concurrence of the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 2026 Police Commission Applications for Agenda.pdf Report compiled on: April 22, 2024 304 Submit Date: Mar 19, 2026 Email Address First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Occupation Boards & Commissions Application Form Profile Which Boards would you like to apply for? Police Commission: For Review How did you hear about this Board/Commission or vacancy? City email Interests & Experiences Please tell us about yourself and why you want to serve. Do you live within Bozeman city limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes No How long have you lived in the Bozeman area? * 1-5 years Have you ever served on a City or County Board or Commission? Yes No If yes, where, for how long, and on what Board/Commission? Orleans Parish Communications District, 09-12-13 to Oct 2021 John R Stelly Bozeman MT 59718 PreCrash, LLC Owner Consultant John R Stelly 305 Please describe your professional and personal experiences, interests, and qualifications that make you a good fit for this board. After earning my MS in mathematics, I taught for the University of New Orleans Math Department from summer 1993 through fall 1994. I served as a Louisiana State Police trooper from Jan 1995 - Dec 2021. During that time, I mostly worked as a uniformed trooper, but also worked in narcotics, and worked on many special projects. I rose to the rank of lieutenant in 2004, became Executive Officer of Troop B (the New Orleans area troop) in Sep 2013, and retired in Dec 2021. While a supervisor with LSP, among many other duties, I investigated many personnel complaints and interviewed prospective trooper candidates. I also devised performance metrics against which personnel's activities could be fairly measured, especially during annual evaluations. From 2013 - 2021, I served as proxy commissioner on the Orleans Parish Communications District, the governing body over 911 services to New Orleans, LA. I also started teaching vehicle crash reconstruction for Northwestern University (Evanston, IL) in Jun 2021 and continue doing that still today. Typical students are mostly policemen, but often also engineers, doctors, and lawyers. I teach these classes both remotely from my Bozeman residence and travel across the country to do so. My wife and I moved to Bozeman in Jan 2022. In May 2022, I found and still own PreCrash, LLC, a Bozeman-based vehicle crash reconstruction consulting company. Lastly, since Oct 2023, I tutor math from algebra through calculus online. My 27-year career as a state trooper, my 8 years experience at the Orleans Parish Communications District, and my continuing teachings of police officers throughout the country provide me insights to policing from many perspectives. Under these roles as a trooper and a teacher, I have dealt with people from all walks of life, permitting me a uniquely informed opinion of policing. Further, I have a heartfelt desire to serve my community in a capacity in which I can most fully contribute to its growth and development. On December 19, 2023, the City Commission adopted the Belonging in Bozeman Plan via <a href="https://weblink.bozeman.net/WebLink/DocView.aspx? id=291616&dbid=0&repo=BOZEMAN" target="_blank" rel="noopener">Resolution 5556</a>. Please describe your understanding of the Belonging in Bozeman Plan and any thoughts related to implementing the plan. The Belonging in Bozeman Plan as it relates to the Police Commission seems to lay the groundwork from a public safety perspective of ensuring that all Bozeman residents and visitors not only receive equitable treatment from the Bozeman Police Department but also enjoy knowing that BPD's efforts on that front are measured for continuous improvement of service. A keystone aspect of such a pursuit is relentless dedication to non-discriminatory actions, both pro-actively and re-actively, in BPD's hiring and disciplinary practices. References Reference #1 Full Name Adam Hyde Relationship to Reference Supervisor Phone Number John R Stelly 306 Email Confirm Email Reference #2 Full Name Jacob Dickinson Relationship to Reference Colleague Phone Email Confirm Email 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 required to take online and in person ethics training? Yes No If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator 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. John R Stelly 307 Submit Date: Mar 25, 2026 Email Address First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Occupation Boards & Commissions Application Form Profile Which Boards would you like to apply for? Police Commission: For Review How did you hear about this Board/Commission or vacancy? newspaper legal section Interests & Experiences Please tell us about yourself and why you want to serve. Do you live within Bozeman city limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes No How long have you lived in the Bozeman area? * 11 or more Have you ever served on a City or County Board or Commission? Yes No If yes, where, for how long, and on what Board/Commission? Have not served on a city or county board Thomas C Sather Bozeman MT 59718 Anderson Family Vision Optometrist Optometrist Thomas C Sather 308 Please describe your professional and personal experiences, interests, and qualifications that make you a good fit for this board. Have served on many boards. Gallatin Empire Lions Club Foundation, Montana Wild Sheep Foundation, Gallatin Wildlife Association and as Vice Chairman of the Montana Board of Outfitters, the latter for 6 years. On December 19, 2023, the City Commission adopted the Belonging in Bozeman Plan via <a href="https://weblink.bozeman.net/WebLink/DocView.aspx? id=291616&dbid=0&repo=BOZEMAN" target="_blank" rel="noopener">Resolution 5556</a>. Please describe your understanding of the Belonging in Bozeman Plan and any thoughts related to implementing the plan. I have read Resolution 5556 and feel it is a just and right path for our city to pursue. References Reference #1 Full Name Doug Kimball Relationship to Reference Professional Peer Phone Number Email Confirm Email Reference #2 Full Name John Anderson Relationship to Reference Employer Phone Thomas C Sather 309 Email Confirm Email 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 required to take online and in person ethics training? Yes No If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator 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. Thomas C Sather 310 Submit Date: Feb 02, 2026 Email Address First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Alternate Phone Employer Job Title Occupation Boards & Commissions Application Form Profile Which Boards would you like to apply for? Police Commission: For Review How did you hear about this Board/Commission or vacancy? I am currently serving on this Board. Interests & Experiences Please tell us about yourself and why you want to serve. Do you live within Bozeman city limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes No How long have you lived in the Bozeman area? * 1-5 years Have you ever served on a City or County Board or Commission? Yes No If yes, where, for how long, and on what Board/Commission? Police Commission since April 2023 Beth D Corriea Bozeman MT 59718 Think Legal360, P.C.Owner Attorney Beth D Corriea 311 Please describe your professional and personal experiences, interests, and qualifications that make you a good fit for this board. I have been serving as a member of the Police Commission since April 2023. I have spent most of my professional career working with Law Enforcement, including the Los Angeles Police Department and New York Police Department. In addition to representing the LAPD in litigation, I was also their Risk Manager. I also served as a Senior Advisor to New York Police Commissioner William Bratton. On December 19, 2023, the City Commission adopted the Belonging in Bozeman Plan via <a href="https://weblink.bozeman.net/WebLink/DocView.aspx? id=291616&dbid=0&repo=BOZEMAN" target="_blank" rel="noopener">Resolution 5556</a>. Please describe your understanding of the Belonging in Bozeman Plan and any thoughts related to implementing the plan. The Belonging in Bozeman Plan focuses on addressing inequalities across race, ethnicity, gender, age, ability and socioeconomic status to ensure that all residents, visitors and City of Bozeman employees can thrive. To demonstrate commitment to addressing inequalities, it's imperative that consistent progress towards goals with meaningful updates to the community occur on a regular basis, and that accountability for missed goals and targets is also meaningful. References Reference #1 Full Name Jim Veltkamp Relationship to Reference Co-Worker Phone Number Email Confirm Email Reference #2 Full Name William Bratton Relationship to Reference Former Boss Beth D Corriea 312 Phone Email Confirm Email 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 required to take online and in person ethics training? Yes No If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator 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. Beth D Corriea 313