HomeMy WebLinkAbout07-28-2026- City Commission Agendas & Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence or Mindfulness
C. Changes to the Agenda
D. FYI
E. Commission Disclosures
F. Consent
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, July 28, 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 devices 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 and oral comments are usually limited to three
(3) minutes.
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
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+1 669 900 9128
Access code: 933 7244 1920
Public comment on items within the Consent Agenda will be called for prior to the City
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F.1 Accounts Payable Claims Review and Approval (Edwards)
F.2 Authorize the City Manager to Sign a Victims of Crime Act (VOCA) Grant Agreement with the
MT Board of Crime Control (MBCC)(Grabinski)
F.3 Authorize the City Manager to Approve a Purchase Agreement with the University of
Montana for a Hydrometerological Station in the Sourdough Watershed(Ahlstrom)
F.4 Authorize the City Manager to Sign a Third Addendum to a Memorandum of Understanding
with Bozeman School District 7 for the Development and Use of Additional Facilities at the
Bozeman Sports Park(Henderson)
F.5 Authorize the City Manager to Sign a Professional Services Agreement with Sanbell for the
2027 Transportation Master Plan Update Contract(Esparza)
F.6 Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement
with Morrison Maierle, Inc. for the Lyman Creek Reservoir Project(Heaston)
F.7 Ordinance Final Adoption of the 2026 Unified Development Code Housekeeping
Amendments 1, to Amend Section 38.530.040 Unified Development Code, BMC, to Amend
Parking in the B-3 District After October 1, 2026, Application 26307(Saunders)
F.8 Ordinance Final Adoption for the 2026 Unified Development Code Housekeeping
Amendments 1, to Amend Chapter 38 Unified Development Code, Bozeman Municipal
Code, to Address Legacy Short Term Rentals in the RA district, Application 26307(George)
G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
H. Special Presentation
H.1 Special Presentation: 2026 Urban Forest Management Plan (Mid-Process
Update)(Nordquest)
I. Action Items
Commission vote for approval. Oral comments are usually limited to three (3) minutes.
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 (3) minutes.
Written comments can be located in the Public Comment Repository.
Special presentations typically have neither public nor City Commission comment.
Public comment on all action items will be called for prior to the City Commission making a motion
or conducting discussion. Oral comments are usually limited to three (3) minutes.
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I.1 Kennel License Revocation Appeal:Â Katherine Miller, 3309 Fieldstone Drive
West(Swanson)
J. Work Session
J.1 Landmark Program and Neighborhood Conservation Overlay District (NCOD) Design
Standards Project Updates and Discussion(Harbage)
K. Appointments
K.1 Appointments to the Downtown Business Improvement Board (Newby)
K.2 Appointments to the Downtown Urban Renewal Board (Newby)
L. FYI / Discussion
M. Adjournment
Upon hearing the information presented and considering the code, decide to uphold the City's
revocation of the kennel license or reinstate the kennel license.
Public comment on all work sessions will be called for prior to the City Commission conducting
discussion. Oral comments are usually limited to three (3) minutes.
Receive updates from staff and provide direction on next steps
Public comment will be called for on all appointments prior to City Commission voting. Oral
comments are usually limited to three (3) minutes.
Consider the Motion: I move to re-appoint Eric Bowman to the Downtown Business Improvement
District Board for a term ending June 30, 2030.
AND
I move to appoint Erik Nelson as the Chair and Ileana Indreland as the Vice-chair
Consider the Motion: I move to appoint up to three Bozeman Citizen members to the Downtown Urban
Renewal Board for terms ending June 30, 2029.
AND
I move to appoint Ryan Finn as the Gallatin County Representative
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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:July 28, 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 July 29, 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
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Memorandum
REPORT TO:City Commission
FROM:Jamie Grabinski, Procurement Coordinator
Aaron Funk, Controller
Melissa Hodnett, Finance Director
SUBJECT:Authorize the City Manager to Sign a Victims of Crime Act (VOCA) Grant
Agreement with the MT Board of Crime Control (MBCC)
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Sign the Victims of Crime Act (VOCA) Grant
Agreement with the MT Board of Crime Control (MBCC).
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:In March 2026, we submitted an application to the MT Board of Crime
Control for the Victims of Crime Act (VOCA) grant. The purpose of the grant
is to provide grant funding for victim advocacy. With a multi-disciplinary
approach, we requested two years of funding for travel and training for the
victim advocate, the SVU detectives, and the digital forensic analyst.
In June 2026, we received notification of this grant award. This grant will
enable our victim advocate, SVU detectives and the forensic analyst attend
essential training to provide advocacy to crime victims. For example, one
important training is the Conference for Crimes Against Women (CCAW).
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:Total expenditures are expected to be $46,456 ($34,842 in grant funds and
$11,614 in match funds) and will be made in the General Fund.
Attachments:
Voca Grant Award.pdf
Report compiled on: July 2, 2026
5
Montana Board of Crime Control
5 S Last Chance Gulch
PO Box 201408
Helena MT 59620
Phone (406)444-3604
Fax (406)444-4722
TTY (406)444-7099www.mbcc.mt.gov
Leo Dutton
Sheriff & Coroner,
Lewis & Clark CountyChairperson
Rick Kirn
Fort Peck Tribal Member and Rural
MontanaRepresentative
Vice Chairperson
Laurie Barron
Superintendent, Evergreen
School District
Natalia Bowser
DeputyDirector
Department of Corrections
Eric Bryson
ExecutiveDirector,Montana
Association of Counties
Matt Bugni
ChiefExecutive Officer,
A.W.A.R.E Inc.
Katie Campbell
Captain, DOC Probation
& Parole
Alan Doane
DeputyAttorneyGeneral,
Montana Department of Justice
Shantelle Gaynor
Director,MissoulaCounty
Community Justice
Amanda Littlesun
DV Program Director, Rocky
MountainTribal Leaders
Council
Dave McAlpin
Administrator, Officeof
theCourt Administrator
Koan Mercer,
Director,OfficeofPublic Defender
Meaghan Mulcahy
Investigator,MTHuman
Rights Bureau
Vacant
Assistant U.S.Attorney
Kaydee Snipes Ruiz
District Court Judge 12
th
Judicial District
Amy Tenney
ChiefExecutiveOfficer,Boyd
Andrew Community Services
ScottTwito
Yellowstone County Attorney
Rob Weber
Representative
MT Association of Chiefs of Police
June 18, 2026
Anthony Hutchings
Bozeman Police Department
121 N. Rouse Ave.
Bozeman, MT 59715
RE: FY2026 Victims of Crime Act (VOCA) - City of Bozeman Victim Advocacy
Dear Anthony,
Please accept this letter as official notice of your FY2026 Victims of Crime Act (VOCA)
award through the Montana Board of Crime Control.
Please find enclosed the grant award and instructions. The grant award document
provides a total from each federal and state funding source. If the authorized official
has changed since the time of application, please complete a new Signature Page
form and submit it with the signed award documents. The form is available on the
MBCC Subgrantee Resources webpage under ‘General’ at
https://mbcc.mt.gov/Funding/Forms. When the award letter is available on Euna
Grants formerly Amplifund, Melissa Hodnett, Finance Director, must complete and
sign the following:
Grant Award
Special Conditions
Other documents as indicated in the task assigned to you in Euna
Grants
The above documents and others assigned to you in Euna Grants require original
signatures. The documents must be uploaded to the public folder in Euna Grants. All
grant funds are provided on a reimbursement basis with proof of expenses incurred.
Prior to submission of your required quarterly reports in Euna Grants, MBCC will
provide instructions and additional resources to help you successfully complete them.
Please be aware that this award amount is contingent on the availability of federal
funds. The Grant Award document reflects a PENDING federal amount. MBCC is
awaiting the final allocation of the 2026 VOCA federal funds.
Thank you for all you do. If you have any questions, please contact your MBCC grant
manager.
Sincerely,
Kayla Bragg
Executive Director
Montana Board of Crime Control
6
STATE OF MONTANA
BOARD OF CRIME CONTROL
Contact information for awarding official:
5 S Last Chance Gulch – Helena MT 59601-4178
Phone: (406) 444-3604 | Fax: (406)444-4722
GRANT AWARD
Subgrant: 27-V01-2573 Bozeman Police Department
Grantee: City of Bozeman
121 N. Rouse Ave.
Bozeman, MT 59715
UEI: EEAPKALAEM35
Project Period: 7/1/2026 - 6/30/2028
Award Date: June 4, 2026 Subrecipient’s MBCC Award Identification number:
27-V01-2573
Award identification number(s): Federal Award TBD,
State FY2027 VOCA General Fund
Federal award date(s):Federal Award Dates TBD
Federal awarding agency:Department of Justice, Office
of Justice Programs, Office for Victims of Crime
Source of Federal Fund: 16.575
This Federal award is related to Research and
Development:No
Indirect cost rate for the Federal award:N/A
Federal Amount: Pending $24,054.00
State GF Amount: $10,788.00
Local Matching: $11,614.00
Total: $46,456.00
Project Description:Funding will provide key City of Bozeman victim services personnel with vital training in leadership,
direct advocacy, and forensic knowledge.
Special Conditions
Please see award Special Conditions in your grant folder.
This grant is subject to the special conditions for this award and must be implemented and administered along
guidelines already established by your agency. This grant shall become effective, as of the date of award,
when the grantee signs and returns a copy of this grant award to the Board of Crime Control.
Funds allocated to this project, both awarded and matching, must be obligated prior to 06/30/2028.
June 18, 2026
Kayla Bragg
Executive Director
Montana Board of Crime Control
Date
I, as authorized representative of the above grantee agency, hereby signify acceptance of the above
described grant on the terms and conditions set forth above or incorporated by reference therein.
Melissa Hodnett
Finance Director
Date
7
Signature Page
(for a current subgrant)
Grant No.:27-V01-2573
The officials who sign this document agree to adhere to all terms and conditions relating to this
application. Duplication of responsibilities by one individual for any position listed below is NOT
acceptable. Electronic and stamped signatures are not acceptable.
A change in any of these positions requires submission of a new signature page with ALL signers.
Original Signatures are Required
A. Official Budget Representative
Must be a person with budget-setting authority (i.e. City/County Commissioner, Mayor, Department Head,
or President of Board Directors)
Name Chuck Winn Title City Manager
Address 121 N. Rouse Ave. City/State/Zip Bozeman, MT 59715
Email Chuck.winn@bozemanmt.gov Telephone 406-582-2307
Date 7/15/2026 Signature
B. Project Director
Must be an employee of the applicant agency
Name Anthony Hutchings Title Police Captain
Address 901 N. Rouse Ave City/State/Zip Bozeman, MT 59715
Email Anthony.hutchings@bozemanmt.gov Telephone 406-582-2216
Date 7/15/2026 Signature
C. Financial Officer
Name Melissa Hodnett Title Finance Director
Address 121 N. Rouse Ave. City/State/Zip Bozeman, MT 59715
Email Melissa.hodnett@bozemanmt.gov Telephone 406-582-2318
Date 7/15/2026 Signature
D. Primary Grant Activities Point of Contact
This individual does not have any authority pertaining to the grant and is simply the main point of contact
for day-to-day communication. Signatures and official decision-making must come from the Official Budget
Representative, Project Director, and Financial Officer.
Name Jamie Grabinski Title Grants Coordinator
Address 121 N. Rouse Ave. City/State/Zip Bozeman, MT 59715
Email Jamie.grabinski@bozemanmt.gov Telephone 406-582-2364
Date 7/15/2026 Signature
Date Received by MBCC:
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STATE OF MONTANA
BOARD OF CRIME
CONTROL
5 Last Chance Gulch - Helena MT 59601-
4178 Phone: (406) 444-3604 Fax:
(406) 444-4722
1. Equipment Purchases Require Competitive Bids
Subrecipients must obtain competitive bids for equipment and awards should go to the lowest bidder.
For equipment costing more than $10,000.00, bids must be written and copies submitted with quarterly
financial reports. If other than the lowest bid is accepted, a full justification must be submitted to the
Board of Crime Control.
2. Award is Conditional Upon Availability of Funds
This grant award is conditional upon availability of government funds and may be reduced at any time
due to budget reductions.
3. Non-committal to Future Funding
Award of this grant does not commit the Board of Crime Control to future funding.
4. Personnel Time and Attendance Records
Applicant must maintain time and attendance records to support personnel costs associated with grant project.
5. Travel Reimbursement
Grant funds may not be used to pay for out-of-state travel without prior approval from MBCC.
State rates for mileage, meals, and lodging are maximum amounts that can be charged to subgrants funded
by MBCC and are subject to change.
Mileage rate effective 01/01/2025 - 12/31/2025: $0.70 cents per mile
Per Diem Rates Effective 10/1/2024 through 9/30/2025, Updates will be available as changes become effective.
Meals Allowance: In-State Out-of-State
Morning Meal (12:01AM-
10:00AM)
$11.20 $16.00
Midday Meal (10:01AM-
3:00PM)
$13.30 $19.00
Evening Meal (3:01PM-
12:00AM)
$19.60 $28.00
Total Per Day $44.10 $63.00
To claim reimbursement for a meal, you must be in a travel status for more than 3 continuous hours within
one of the time ranges. To receive the morning meal, you must leave before 7:00AM and to receive the
2026 Violence of Crime Act (VOCA)Special Conditions
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evening meal you must return after 6:01PM.
The lodging rate is available online through the following location:
https://www.gsa.gov/travel/plan-book/per-diem-rates/per-diem-rates
results?action=perdiems_report&city=&fiscal_year=2025&state=MT&zip=
Grant funds cannot be used for costs and fees associated with cancelation or changes to travel, (i.e. Airline,
hotels, registration, etc.) unless approved by MBCC.
Reimbursement for lodging without a receipt will be $12.00
Allowable expenses include emergency working supplies, taxi fares, and business telephone calls. Paid
receipts must support individual expense items of $25.00 or more.
6. Consultants Maximum Rate
The maximum rate for consultants is $650.00 (excluding travel and subsistence costs) for an eight (8) hour
day. An 8-hour day may include preparation, evaluation and travel time in addition to the time required for
actual performance. Prior approval is required by MBCC for a rate exceeding $650 or $81.25 per hour.
7. Project Income
The subrecipient agrees that all income generated as a direct result of this award shall be deemed program
income. All program income must be accounted for and used for the purposes under the conditions
applicable and must be used to further the objectives of the program or deducted from the total project costs
for the purpose of determining the federal share of costs. Further, the use of program income must be
shown on the quarterly Financial Status Reports.
8. Quarterly Progress and Financial Reports
Quarterly progress, financial, narrative and statistical reports, in a format required by MBCC are required
for calendar quarters ending September 30, December 31, March 31, and June 30. These reports are to
be received by the Montana Board of Crime Control within 15 days following the end of the calendar
quarter.
Subrecipients who fail to submit reports by the due date will be subject to the following:
FIRST LATE REPORT: Subrecipient will be notified to cease all expenditures of grant funds until the reports
are submitted.
SECOND LATE REPORT: The grant will be cancelled. The project director must appear before the
Application Review Committee and petition to get the grant reinstated.
9. Consultant Services
Consultant services provided by consultants employed with 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 MBCC staff prior to committing grant funds.
10. Successful Progress, Subcommittee Appearance
Subrecipient may be required to appear before a subcommittee, at the Board’s discretion, to explain their
progress towards successful implementation of the grant.
11. Reversion of Un-obligated Funds
Any funds not properly obligated during the grant period shall lapse and revert to the Montana Board of Crime
Control.
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12. Cancellation of Award
COMMENCEMENT WITHIN 60 DAYS. If a project is not operational within 60 days of the original start date of
the award period, the subrecipient must report by letter to MBCC the steps taken to initiate the project, the
reasons for delay, and the expected start date.
OPERATIONAL WITHIN 90 DAYS: If a project is not operational within 90 days of the original start date of the
award period, the subrecipient must submit a second statement to MBCC explaining the implementation delay.
Upon receipt of the 90-day letter MBCC may cancel the project. MBCC may also, where extenuating
circumstances warrant, extend the implementation date of the project past the 90-day period. When this
occurs, the appropriate subrecipient files and records must note the extension.
13. Approved Application
Grant funds may be used only for the purposes in the subrecipient's approved application. The
subrecipient shall not undertake any work or activities that are not described in the grant application.
14. Responsibility of the Project
Responsibility for the day-to-day conduct of the project rests with the subrecipient. This specifically includes
operations, data collection, analysis and interpretation.
Responsibility for the general oversight and redirection of the project, if necessary, rests with MBCC. MBCC
will review and approve all activities in the requirements under the various stages, as approved in this award.
15. Subrecipients With No Procurement Policies
Subrecipients that do not have established procurement policies and procedures must use the established
State of Montana procurement process. If a subrecipient chooses to use the State procurement policy, it
must be documented within the subrecipient’s own policies. The procurement guide, forms and templates
are located at the following: https://spb.mt.gov/Procurement-Guide. Below is the value threshold for the
types of purchases or contracts used.
Small Purchases: Less than $10,000; simple market research. Choose technique that best meets
subrecipient needs. Follow prudent purchasing practices (competitive quotes where practical).
Limited Solicitation: Purchases of $10,000 or more but less than $100,000 for services, or up to $50,000 for
supplies. Must be documented using the Limited Solicitation form. Must be awarded to the lowest acceptable
quote if cost is the only consideration.
Formal Bids & Proposals: Purchases with a Total Contract Value of $100,000 or more for services, or over
$50,001 for supplies.
Note: All values are based on total contract value
Example: Subrecipient enters into a 2-year service agreement for $6,000 a year. This agreement constitutes
a total contract value of $12,000 and would have to go through the limited solicitation process.
16. Subrecipients Agrees to Provide Requested Documentation
The recipient agrees to promptly provide, upon request, financial or programmatic-related documentation
related to this award, including documentation of expenditures and achievements. The recipient understands
that it will be subject to additional financial and programmatic in-depth or on-site monitoring, which may be on
short notice, and agrees that it will cooperate with any such monitoring. The recipient agrees to develop or
maintain effective internal controls to manage federal awards (see 2 C.F.R. 200.303) and effective financial
management policies and procedures to manage federal awards (see 2 C.F.R. 200.302).
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17. Requests for Project Period Extensions and Final Budget Modifications
Including but not limited to no-cost extensions, must be submitted to MBCC at least thirty (30) days in advance of
the project period end date indicated in the award letter. Any such requests received after this deadline may not be
approved and result in denial of the extension or modification request.
18. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2025)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions
on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set
out in applicable appropriations acts are indicated at
https://ojp.gov/funding/Explore/FY25AppropriationsRestrictions.htm, and are incorporated by reference
here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient)
would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for
guidance and may not proceed without the express prior written approval of OJP.
19. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting
requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements (including
requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons,
whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of
this condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are
posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award
condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including
reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.
20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 38.
Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial
assistance from the Department of Justice to support or engage in any explicitly religious activities except
when consistent with the Establishment Clause of the First Amendment to the U.S. Constitution and any
other applicable requirements. An organization receiving Federal financial assistance also may not, in
providing services funded by the Department of Justice or in outreach activities related to such services,
discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a
religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.
Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee")
organizations that engage in or conduct explicitly religious activities, as well as rules and requirements
that pertain to recipients and subrecipients that are faith-based or religious organizations. In addition, Part
38 states that a faith-based organization that participates in a Department of Justice funded program
retains its independence from the Government and may continue to carry out its mission consistent with
religious freedom and conscience protections in Federal law.
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Recipients and subrecipients that provide social services under this award must give written notice to
beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall
include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1)
through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-
office/partnerships-faith-based-and-other-neighborhood-organizations.
In certain instances, a faith-based or religious organization may be able to take religion into account when
making hiring decisions, provided it satisfies certain requirements. For more information, see
“Nondiscrimination provisions and the Religious Freedom Restoration Act,” accessible at
https://www.ojp.gov/funding/explore/legaloverview2025/civilrightsrequirements.
21. The recipient agrees that its compliance with all applicable Federal civil rights and nondiscrimination laws
is material to the government's decision to make this award and any payment thereunder, including for
purposes of the False Claims Act (31 U.S.C. 3729-3730 and 3801-3812), and, by accepting this award,
certifies that it does not operate any programs (including any such programs having components relating
to diversity, equity, and inclusion) that violate any applicable Federal civil rights or nondiscrimination laws.
22. Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or
certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may
determine that a legal notice regarding award requirements is necessary or that it will not enforce, or
enforce only in part, one or more requirements otherwise applicable to the award. Any such notice or
exception regarding enforcement, including any such notice or exception made during the period of
performance, is (or will be during the period of performance) set out through the Office of Justice
Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular
award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) and incorporated by reference
into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all
material requirements of the award, and specifically adopts, as if personally executed by the authorized
recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to
conduct during the period of performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a
condition incorporated by reference below, or an assurance or certification related to conduct during the
award period – may result in OJP taking appropriate action with respect to the recipient and the award.
Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the
award. DOJ, including OJP, also may take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or
concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18
U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil
penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730
and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,
that provision
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shall first be applied with a limited construction so as to give it the maximum effect permitted by law.
Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be
deemed severable from this award.
23.Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may
withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding
agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required
by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that
arise in connection with audits, investigations, or reviews of DOJ awards.
24. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200,
as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform
Requirements"), including, without limitation, the provisions regarding termination in 2 C.F.R. 200.340,
apply to this award from OJP.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards
and subawards ("subgrants"), see the OJP website at
https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient
("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the
final expenditure report (SF425), unless a different retention period applies -- and to which the recipient
(and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement
information, in addition to the financial records, supporting documents, statistical records, and other
pertinent records indicated at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or
distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part
200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
25. Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of
the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient,
contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a
claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to
fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be
reported to the OIG by--(1) online submission accessible via the OIG webpage at
https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S.
Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Fraud Detection
Office, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ
OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
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26.Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the
"de minimis” indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis"
indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all
associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied
only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
27.Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings,
trainings, and other events.
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws,
regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting
requirements, where applicable) governing the use of federal funds for expenses related to conferences
(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,
and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears
in the DOJ Grants Financial Guide (currently, as section 3.10 of "Post award Requirements" in the "DOJ
Grants Financial Guide").
28.Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measures the performance and effectiveness of work
under this award. The data must be provided to OJP in the manner (including within the timeframes)
specified by OJP in the program solicitation or other applicable written guidance. Data collection supports
compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act
of 2010, and other applicable laws.
29.Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the
OJP website (currently, the "DOJ Grants Financial Guide" available at
https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during
the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.
30.Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 42, specifically including 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c),
and 28 C.F.R. § 42.505(f), which contain notice requirements that covered recipients must follow
regarding the dissemination of information regarding federal non-discrimination requirements.
31.Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as
approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement
(solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried
out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of
individuals under 18 years of age.
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The recipient, and any subrecipient at any tier, must make determinations of suitability before certain
individuals may interact with participating minors. This requirement applies regardless of an individual's
employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-
Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who
may interact with participating minors), and are incorporated by reference here.
32. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency
outside of DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at
any time during the course of the period of performance under this award, the recipient must disclose that
fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For
purposes of this disclosure, high risk includes any status under which a federal awarding agency provides
additional oversight due to the recipient's past performance, or other programmatic or financial concerns
with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency
that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The
high-risk point of contact at that federal awarding agency (name, phone number, and email address), and
4. The reasons for the high-risk status, as set out by the federal awarding agency.
33. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be
funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the
employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C.
1324a(a)(1).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in
activities under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the
United States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of
the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C.
1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements),
maintain records of all employment eligibility verifications pertinent to compliance with this award
condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent
notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this
condition.
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3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be
obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure
compliance with this condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award"
specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff
who are or will be involved in the hiring process with respect to a position that is or will be funded (in
whole or in part) with award funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility,
the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov),
provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify
(and follows the proper E-Verify procedures, including in the event of a "Tentative Non-confirmation" or a
"Final Non-confirmation") to confirm employment eligibility for each hiring for a position in the United
States that is or will be funded (in whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of
the United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at
any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or
non-discrimination law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any
subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law,
including 8 U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-
Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer
agents can email E-Verify at EVerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award
acceptance.
34. Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74
Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to
adopt and enforce policies banning employees from text messaging while driving any vehicle during the
course of performing work funded by this award, and to establish workplace safety policies and conduct
education, awareness, and other outreach to decrease crashes caused by distracted drivers.
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35.Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law
Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP
awards (that is, OJP grants and cooperative agreements), including many provisions previously codified
in Title 42 of the U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has
been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory
provision as reclassified to Title 34.
This rule of construction specifically includes references set out in award conditions, references set out in
material incorporated by reference through award conditions, and references set out in other award
requirements.
36. Restrictions and certifications regarding non-disclosure agreements and related matters
No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement
contract or subcontract with any funds under this award, may require any employee or contractor to sign
an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to
prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or
law enforcement representative of a federal department or agency authorized to receive such information.
The foregoing is not intended and shall not be understood by the agency making this award, to
contravene requirements applicable to Standard Form 312 (which relates to classified information), Form
4414 (which relates to sensitive compartmented information), or any other form issued by a federal
department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements
from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit
or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to
execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict),
reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of
award funds, will provide prompt written notification to the federal agency making this award, and will
resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement
contracts, or
both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive
award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a
procurement contract) either requires or has required internal confidentiality agreements or statements
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from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit
or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this
representation; and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that
receives funds under this award is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of
waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds
to or by that entity, will provide prompt written notification to the federal agency making this award, and
will resume (or permit resumption of) such obligations only if expressly authorized to do so by that
agency.
37. OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier --
develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for
Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-
principles-grantees-and-subgrantees.
38. Specific post-award approval required to use a noncompetitive approach in any procurement contract that
would exceed $250,000.
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements to obtain specific advance approval to use a noncompetitive approach in any procurement
contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition
applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers
a procurement "contract" (and therefore does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement
contract under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm
(Award condition: Specific post-award approval required to use a noncompetitive approach in a
procurement contract (if contract would exceed $250,000)), and are incorporated by reference here.
39. Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other
award of federal funds during the period of performance for this award, the recipient promptly must
determine whether funds from any of those other federal awards have been, are being, or are to be used
(in whole or in part) for one or more of the identical cost items for which funds are provided under this
award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate)
in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a
budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any
inappropriate duplication of funding.
40. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable
provisions of 41U.S.C. 4712, including all applicable provisions that prohibit, under specified
circumstances, discrimination against an employee as reprisal for the employee's disclosure of
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information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse
of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a
violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the
workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the
recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
41. Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ
awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the
recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
42. Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the
event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects,
uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable
Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses
or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures
must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no
later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
43. Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management
(SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding
registration with SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier
subrecipients (first tier "subgrantees"), including restrictions on subawards to entities that do not acquire
and provide (to the recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the
OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award
Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person
(i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her
name).
44. Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or
any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the
enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government.
See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes
certain activities that otherwise would be barred by law.)
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Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or
any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a
Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding
of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to
actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain
exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient)
would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and
may not proceed without the express prior written approval of OJP.
45. All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements for authorization of any subaward. This condition applies to agreements that -- for purposes
of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not
consider a procurement "contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants")
must have specific federal authorization), and are incorporated by reference here.
46. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable
requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain
"education programs."
Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow
regarding the dissemination of information regarding federal nondiscrimination requirements.
47. VOCA Requirements
The recipient assures that the State and its subrecipients will comply with the conditions of the Victims of
Crime Act (VOCA) of 1984, sections 1404(a)(2), and 1404(b)(1) and (2), 34 U.S.C. 20103(a)(2) and (b)(1)
and (2) (and the applicable program guidelines and regulations), as required. Specifically, the State
certifies that funds under this award will: a) be awarded only to eligible victim assistance organizations, 34
U.S.C. 20103(a)(2);b) not be used to supplant State and local public funds that would otherwise be
available for crime victim assistance,34 U.S.C. 20103(a)(2), or for administering the state victim
assistance program, 34 U.S.C. 20110(h); and c) be allocated in accordance with program guidelines or
regulations implementing 34 U.S.C. 20103(a)(2)(A) and 34 U.S.C. 20103(a)(2)(B) to, at a minimum, assist
victims in the following categories: sexual assault, child abuse, domestic violence, and underserved
victims of violent crimes as identified by the State.
48. The Victims of Crime Act (VOCA) of 1984 states that VOCA funds are available during the federal fiscal
year in which the award was actually made, plus the following three fiscal years. At the end of this period,
VOCA funds will be deobligated. (E.g., VOCA funds awarded in FY 2024, are available until the end of FY
2027). Extensions beyond the statutory period may be granted at the discretion of DOJ, and may be
requested in accordance with OJP processes,
but are not assured.
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49. Discrimination Findings
The recipient assures that in the event that a Federal or State court or Federal or State administrative
agency makes a finding of discrimination after a due process hearing on the ground of race, religion,
national origin, sex, or disability against a recipient of victim assistance formula funds under this award,
the recipient will forward a copy of the findings to the Office for Civil Rights of OJP.
50. "Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable
federal civil rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance,
the recipient must submit to OJP's Office for Civil Rights (at CivilRightsMOA@usdoj.gov) written Methods
of Administration ("MOA") for subrecipient monitoring with respect to civil rights requirements. In addition,
upon request by OJP (or by another authorized federal agency), the recipient must make associated
documentation available for review.
The details of the recipient's obligations related to Methods of Administration are posted on the OJP web
site at https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition:
"Methods of Administration" -Requirements applicable to States (FY 2017 Update)), and are incorporated
by reference here.
51. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal,
and administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on
civil, criminal, and administrative proceedings connected with (or connected to the performance of) either
this OJP award or any other grant, cooperative agreement, or procurement contract from the federal
government. Under certain circumstances, recipients of OJP awards are required to report information
about such proceedings, through the federal System for Award Management (known as "SAM"), to the
designated federal integrity and performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on
certain civil, criminal, and administrative proceedings to the federal designated integrity and performance
system (currently, "FAPIIS") within SAM are posted on the OJP website at
https://ojp.gov/funding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters,
including Recipient Reporting to FAPIIS), and are incorporated by reference here.
___________________________
Agency
_________________________
Amplifund Award Number
____________________________ ______________________
Printed
Name Signature and Date
22
MBCC RISK ASSESSMENT REVIEW FORM
Sub-granteeAgency: Current Date:
Sub-grant Number/Award
Identification Number:AwardAmount:
Project Title:Prepared by:
RISK FACTORS ASSESSMENT
Question
Number
Question (Questions 1-3 to be answered by sub-grantee, include additional comments
below)
Responses
Yes No Score
(MBCC)
1
a
Is your agency subject to the Single Audit Requirement? The trigger for a Single Audit is:
During the fiscal year your agency expends federal funds in excess of $.
(If yes, please provide the most recent copy)
b In thepast two years hasyour agency received any other type of financial audit or
review? (If yes, please provide a copy)
c Weretherefindingsorrecommendations?
d Werethe findingsresolved?
2 a Does staff haveprevious fiscalgrant experience?
b Does staff have previous programmatic grant experience?
3
Has your agency experienced key employee turnover of an executive director,
financial officer, or program manager/staff within the past year? (If yes, provide
details in comments below)
Print Name of subgrantee:
Signature of subgrantee:
COMMENTS/ACTIONITEMS Document yourcomments and action items in this space (e.g., technicalassistance).
Question
Number
Question (Questions 4-8 to be answered by MBCC staff, include additional comments
below)
Responses
Yes No Score
(MBCC)
4 Hasthere been compliance monitoring of the sub-grantee by MBCC during theprior three
years?
5
a Have there been any financial compliance or performance issues, management
problems/instability for thesub-grantee during the prior three years?
b Have therebeen any programmaticcomplianceor performance issues, management
problems/instability for thesub-grantee during the prior three years?
6 Doesthesub-grantee have recurring/unresolved issues?
7 Does the sub-grantee submit complete and timely reports as required?
8 Rate the complexity of the program.*
Slightly Complex – award is under $150,000
Moderately Complex –award amount is higher than $150,000 but under Highly Complex –award amount is or greater.
*The award amount is a determining factor in rating program complexity.
Slightly Complex ModeratelyComplex HighlyComplex
RISK LEVEL ASSIGNED TO SUB RECIPIENT
Print name of Program Manager:
Signature of Program Manager:
COMMENTS/ACTION ITEMS Document your comments and action items in this space (e.g., technical assistance).
RISK ASSESSMENT CRITERIA
Low Risk Excellent history,no findings,experienced grant management.
Medium Risk Less than excellent, some past findings, new grantee, large grant, some unknowns. Ongoing training and technical
assistance will be provided.
High Risk Poor performer, financial instability, prior findings, major staff changes, problems identified by other monitors.
Ongoing training and technical assistance will be provided.
New programs not previously awarded will automatically be monitored within the grant period.
23
Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
Shawn Kohtz, Utilities Director
SUBJECT:Authorize the City Manager to Approve a Purchase Agreement with the
University of Montana for a Hydrometerological Station in the Sourdough
Watershed
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Approve a Purchase Agreement with the
University of Montana for a Hydrometerological Station in the Sourdough
Watershed.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The City of Bozeman relies on snowpack for its water supply, with 40% of its
supply coming from Sourdough Creek, originating in the Sourdough drainage
in the Gallatin Range.
Municipal water resource planning and effective drought management
requires that municipalities understand hydrology within municipal
watersheds, and the impacts of climate change on hydrologic processes. This
is necessary for maximizing the efficiency of daily operations, assessing and
responding to drought conditions, and forecasting future available water
supplies to ensure that adequate supplies are available to meet future
demands.
The installation of a Hydrometerological Station (Station), as outlined in the
attached purchase agreement with the University of Montana, will support
Bozeman in implementing effective, data-informed water resource
management. The installation of the Station is a partnership with the
University of Montana Climate Office and Montana State University. The
Montana Climate Office will support data access by including the Station
data in the Montana Mesonet dashboard. Montana State University will use
the data to advance research in the field of geospatial hydrologic processes.
This project (WC09) is included in the approved FY27-FY31 Capital
Improvement Plan, with funding available in FY27.
24
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:Total costs for this project (WC09) are not to exceed $23,608.00 and will be
paid for from the approved Water Conservation Division budget.
Attachments:
Purchase Agreement_University of
Montana_Hydrometerological Station.pdf
Exhibit A_Purchase Agreement_University of Montana.pdf
Report compiled on: July 16, 2026
25
Agreement for Purchase of Hydrometerological Station Equipment – Sourdough Watershed
FY2027
Page 1 of 7
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this 28 day of July, 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, University of Montana Montana Climate Office, 32 Campus Drive,
Missoula, MT, 59812, hereinafter referred to as “Seller.” The City and Seller may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual promises and agreements hereinafter contained, the
parties agree as follows:
1. Property Purchased: Seller agrees to sell and City agrees to purchase the property
requested and described in Hydrometerological Station Equipment, Pricing, and Warranty List
“Property”, attached hereto as Exhibit A which is incorporated into this Purchase Agreement by
this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or
incorporation into manufactured products of all machines, software, hardware, materials and
other devices furnished under this Purchase Agreement which are not of the Seller’s design,
composition, or manufacture shall be free and clear of infringement of any valid patent,
copyright, or trademark. Seller shall hold the City harmless from any and all costs and expenses,
including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions
alleging such infringement, and Seller agrees to defend such claims, suits, or actions.
2. Specifications: The Seller agrees that all material and workmanship in and upon
this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the
City, the items listed in Exhibit A, govern in the event of inconsistencies.
3. Price: The City agrees to pay $23,608.00 as the purchase price. All prices include
26
Agreement for Purchase of Hydrometerological Station Equipment – Sourdough Watershed
FY2027
Page 2 of 7
any applicable local, state or federal taxes that may be applied to the Property to be purchased.
This price is firm and not subject to escalation under agreed to in writing by the City.
4. Acquisition and Payment: Time is of the essence in the performance of this
Purchase Agreement. If performance of services required under this Purchase Agreement cannot
be made Seller shall promptly notify the City of the earliest possible date for performance.
Notwithstanding such notice, if Seller for any reason fails to perform required services within the
time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any
part therefore without liability except for good or services previously provided and accepted. The
City’s receipt or acceptance of any part of non-conforming Property shall not constitute a waiver
of any claim, right or remedy the City has under this Purchase Agreement or applicable law. The
City, in partnership with Montana State University, is responsible for pick-up and transport of all
equipment. Upon pick-up and for a reasonable period thereafter, City has the right to inspect the
Property to ensure that it meets Specifications as modified by Seller’s responses which have been
accepted by City. If the Property meets the Specifications, City shall tender the purchase price
stated above to Seller through the City’s normal claim process. Unless otherwise agreed to in
writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or
acceptance and acquisition of goods and services by the City, whichever occurs last. Payment will
be made to Seller at the address previously stated unless Seller provides a different address in
writing.
5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of
persons performing this Agreement shall be on the basis of merit and qualifications. The Seller
will have a policy to provide equal employment opportunity in accordance with all applicable
state and federal anti-discrimination laws, regulations, and contracts. The Seller will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands
of the position require an age, physical or mental disability, marital status or sex distinction. The
Seller shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title
2, United States Code, and all regulations promulgated thereunder.
Seller 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, Montana Code Annotated
27
Agreement for Purchase of Hydrometerological Station Equipment – Sourdough Watershed
FY2027
Page 3 of 7
(MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana
Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Seller shall require these nondiscrimination terms of its subcontractors providing
products under this Agreement.
6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase
Agreement, including if Seller fails to provide the Property as set forth herein or fails to meet
City’s Specifications, City may, at its option, take any or all of the following actions without
prejudice to any other rights or remedies available to the City by law: (i) declare the Seller in
default and immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair
or replace any equipment or materials used in the Property, and upon Seller’s failure or refusal
to do so, repair or replace the same at Seller’s expense; (iii) reject any material or equipment
included in the Property containing defective or nonconforming equipment or material and
return for credit or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and
treat such breach by Seller as Seller’s repudiation of this Purchase Agreement. Additionally, the
City may pursue any other remedy it has at law or in equity.
In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable for equipment and material provided to the City prior to such breach.
7. Change Orders: The City shall have the right to revoke, amend, or modify this
Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s
receipt of City’s written change order without response received by the City within 10 (ten)
business days of performance reflecting the change, whichever occurs first, shall be Seller’s
acceptance of the change without any price or other adjustment.
8. WARRANTY: THE SELLER SHALL RETAIN ALL WARRANTIES, EXPRESS AND
IMPLIED OF THE MANUFACUTRERS OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO ALL
COMPONENT PARTS, IN ACCORDANCE WITH WARRANTY SPECIFICS LISTED IN EXHIBIT A.
SELLER MUST ACTIVELY WORK WITH CITY TO UTILIZE WARRANTIES AND RESOLVE ALL
WARRNTY CLAIMS AS NEEDED AFTER CITY HAS PURCHASED AND RETAINED PROPERTY FROM
SELLER IF WARRANTY ISSUES ARISE. IN ADDITION, THE SELLER AGREES THE PROPERTY IS
28
Agreement for Purchase of Hydrometerological Station Equipment – Sourdough Watershed
FY2027
Page 4 of 7
COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE
PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER
EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER
ALSO WARRANTS THAT ALL EQUIPMENT WILL BE NEW, SUITABLE FOR USE AS DESCRIBED, OF
THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND
WORKMANSHIP, IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED, IN COMPLIANCE
WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS, AND FREE FROM
ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE
SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR WARRANTIES WHICH THE CITY MAY
HAVE OR OBTAIN. IN THE EVENT THAT THE SELLER MUST OBTAIN THE CONSENT OF THE
MANUFACTURER OR TAKE OTHER ACTION BEFORE ASSIGNING ALL WARRANTIES TO THE CITY,
SELLER SHALL DO SO PRIOR TO THE CITY POSSESSING THE PROPERTY. IN THE EVENT SELLER IS
ABLE TO DO SO, THE SELLER MUST PROVIDE THE CITY WITH REASONABLE ASSISTANCE IN
TRANSFERRING SUCH WARRANTY RIGHTS.
9. Insurance/Indemnification: The Seller is self insured as an agency of the State of
Montana. The Property shall be covered under this insurance for a minimum of the purchase
price against all damages until the City is in possession of the Property.
10. Assignment: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
11. Entire Agreement: This Agreement, including its appendices, if any, embodies the
entire understanding between the parties relating to the subject matter contained herein. No
agent or representative of either party has authority to make any representations, statements,
warranties or agreements not herein expressed and all modifications or amendments of this
Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
12. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
29
Agreement for Purchase of Hydrometerological Station Equipment – Sourdough Watershed
FY2027
Page 5 of 7
13. Laws and Regulations: Seller shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
15. 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.
16. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any
notice required herein, then the prevailing Party or the Party giving notice shall be entitled to
reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
including the City Attorney’s Office staff.
17. Dispute Resolution:
a. Any claim, controversy, or dispute between the Parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon
mutual agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions.
30
Agreement for Purchase of Hydrometerological Station Equipment – Sourdough Watershed
FY2027
Page 6 of 7
b. If the Parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
18. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
19. 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 ****
31
Agreement for Purchase of Hydrometerological Station Equipment – Sourdough Watershed
FY2027
Page 7 of 7
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized representatives the day and year first above written.
CITY OF BOZEMAN UNIVERSITY OF MONTANA
By___________________________ By____________________________
Chuck Winn, City Manager Print Name: ___________________
Print Title: ____________________
APPROVED AS TO FORM:
By________________________________
Greg Sullivan, City Attorney
32
Kevin Hyde PhD, Montana Mesonet Development Manager | kevin.hyde@umontana.edu | (406) 546-2109
Exhibit A: Hydrometerological Station
Equipment, Pricing, and Warranty List
Montana Climate Office
To: Jessica Ahlstrom – City of Bozeman
Copy: Eric Sproles, MSU
Annie McVay, MCO
From:
Re:
Kevin Hyde
Transfer of Equipment to City of Bozeman for installation by MSU – Costs and Warranty Information
Equipment Inventory and Cost Summary:
PRODUCT WARRANTY INFORMATION
Ott Hydromet Pluvio2
https://www.kippzonen.com/service/warranty?utm_source=kipp_website&utm_medium=footer&utm_campaign
=bottom_nav&utm_term=language&utm_content=english
Standard Warranty
All OTT HydroMet and Kipp & Zonen equipment is protected by a limited factory warranty. For most products, the
warranty term is two years from shipment, unless specified otherwise. The warranty covers material and
workmanship defects (excluding consumables such as batteries and lamps). Depending on the timing and mode of
failure, we will issue a credit/refund, send a replacement unit, or repair the failed unit.
33
Bozeman-MSU Equipment Transfer 260717
Kevin Hyde PhD, Montana Mesonet Development Manager | kevin.hyde@umontana.edu | (406) 546-2109
NovaLynx
https://novalynx.com/terms-ordering-information-and-warranty/
Warranty: NovaLynx Corporation warrants that its products are free from defects in material and workmanship
under normal use and service for a period of one year from the date of shipment from factory. NovaLynx’s
obligations under this warranty are limited to, at NovaLynx’s option: (i) replacing; or (ii) repairing; any products
determined to be defective. In no case shall NovaLynx’s liability exceed product’s original purchase price. This
warranty does not apply to any equipment that has been repaired or altered, except by NovaLynx, or which has
been subjected to misuse, negligence, or accident. It is expressly agreed that this warranty will be in lieu of all
warranties of fitness and in lieu of the warranty of merchantability.
Acclima
https://acclima.com/terms/?srsltid=AfmBOor70A4H5BXmfNALAl7PZ218e8LwewsJHGu1vs8AN7gvZKcFRFuX
Acclima TDR-310N soil moisture sensors come with a 2-year manufacturer's warranty covering defects in
materials and workmanship.
Vaisala
https://docs.vaisala.com/r/M210912EN-J/en-US/GUID-8F8C9ECE-FFD9-4F6F-9F11-D94CF9122735
Vaisala provides a 24-month (2-year) standard warranty for the HMP155, which guarantees the probe to be free
from defects in materials and workmanship under normal use. [1, 2]
Envirocam
https://www.envirocams.com/contact-tech-support/
EnviroCams provides a standard 3-year manufacturer's warranty on their IP security cameras and NVRs (including
the hard drives inside). Most other system components and accessories are covered by a 1-year warranty. Free
lifetime technical support is included for the life of the product.
RM Young
https://www.youngusa.com/service-support/warranty/
All products manufactured by R.M. YOUNG COMPANY are warranted to be free from defects in material and
workmanship for a period of one (1) year from date of shipment from our factory. To be considered for warranty
coverage an item must be evaluated either at our factory or by an authorized distributor.
34
Bozeman-MSU Equipment Transfer 260717
Kevin Hyde PhD, Montana Mesonet Development Manager | kevin.hyde@umontana.edu | (406) 546-2109
Campbell Scientific
https://help.campbellsci.com/CR6/Content/shared/Maintain/Support/Warranty-
2020.htm?TocPath=Resources%7C_____1
The data logger is warranted by Campbell Scientific to be free from defects in materials and workmanship under
normal use and service, from the date of shipment, for:
Standard: Three years against defects in materials and workmanship.
MaxBotix
https://maxbotix.com/pages/terms-
conditions?srsltid=AfmBOooqbLC595M1RRM6Z2KTs9eiqJijAsAZtgBCq8RztMV5NLaB89Ue
Warranty Claims. Any claim for defect or breach of warranty shall be made, and Seller shall be notified and given
an opportunity to inspect, within thirty (30) days after products reach their destination, or discovery of such
defect or variance, whichever occurs later, but no claim for defect may be made after one (1) year from the
delivery date.
SunWize
https://www.sunwize.com/terms-conditions-7-23-14/
LIMITED WARRANTY. Seller will warranty all products in accordance with the warranty terms stated by the
manufacturer in the owner’s manual or warranty documents accompanying the product. Power Ready Systems
are covered by Seller’s 1-Year Limited Power Ready System Warranty, a pro forma of which Seller provides to
Buyer of Power Ready Systems, and Buyer acknowledge receipt. The warranty will cover only the product and
not any installation services provided by the customer or damage caused by the customer.
35
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Third Addendum to a Memorandum of
Understanding with Bozeman School District 7 for the Development and Use
of Additional Facilities at the Bozeman Sports Park
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Third Addendum to a Memorandum of
Understanding with Bozeman School District 7 for the Development and Use
of Additional Facilities at the Bozeman Sports Park
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The City of Bozeman is partnering with Bozeman School District 7 to
construct an artificial turf athletic field (a.k.a. Field 13) at the Bozeman
Sports Park, including the development of a 119 space parking lot, along
with related site plan improvements including a mid-block crossing along
Oak St. and pedestrian pathways to connect to the northern portion of the
Sports Park.
In exchange for the District's financial contribution, the City agrees to allow
priority use of the field. Once completed, the City will be responsible for
costs of maintaining the turf field and related infrastructure. The School
District will be responsible for winter snow removal from the parking lot and
winter maintenance of the mid-block crossing.
On December 10, 2024 the City Commission approved a Memorandum of
Understanding (MOU) to establish the roles and responsibilities for both
parties. A first addendum was approved administratively on July 28, 2025 to
authorize a limited scope of services to allow coordination with concurrent
construction of Field 7. A second addendum was approved on December 16,
2026 approving the final site plan and financing for the project. This third
addendum is necessary to address use and maintenance.
This agreement has been reviewed by the Legal Department and found to be
acceptable in meeting the City's specifications and standards.
UNRESOLVED ISSUES:None.
36
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:Bozeman School District 7 has agreed to fund the project up to $3,000,000,
with the City providing additional funds up to $426,475.
Attachments:
Memorandum of Understanding - Bozeman Sports Park
School District Project - Amendment 3.docx
Report compiled on: June 29, 2026
37
Addendum to Memorandum of Understanding between City of Bozeman and Bozeman School District No 7 for the
use and maintenance of additional facilities at the Bozeman Sports Park
THIRD ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY
OF BOZEMAN AND BOZEMAN SCHOOL DISTRICT NO 7 FOR USE AND
MAINTENANCE OF ADDITIONAL FACILITIES AT THE BOZEMAN SPORTS PARK
This Addendum to Memorandum of Understanding between the City of Bozeman and
Bozeman School District No 7 for the development and use of additional facilities at the Bozeman
Sports Park (this “Addendum”) is made this 14th day of July, 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
BOZEMAN SCHOOL DISTRICT NO. 7, with a mailing address of 404 West Main Street,
Bozeman MT 59715, hereinafter referred to as “School District.” The School District and City are
collectively referred to as “the Parties.”
RECITALS
WHEREAS, the City has authority over real property owned by the City pursuant to
2.08.160, BMC; and
WHEREAS, the School District is a public school district created and operated under
Montana law; and
WHEREAS, the City owns a parcel of real property located south of Baxter Lane, West of
Flanders Mill Road, north of West Oak Street, and east of Cottonwood Road (described as Parcel
1A1A COS 2554C), herein referred to as the “Sports Park” which is adjacent to and north of the
School District’s Gallatin High School campus; and
WHEREAS, on December 10, 2024, the Parties entered a Memorandum of Understanding
(“MOU”) wherein a portion of the southern end of the Sports Park adjacent to West Oak Street
38
Addendum to Memorandum of Understanding between City of Bozeman and Bozeman School District No 7 for the
use and maintenance of additional facilities at the Bozeman Sports Park
will be developed into artificial turf athletic fields (and related facilities) and a parking lot, for
priority use by the School District (the “Project”); and
WHEREAS, the MOU describes the Parties’ preliminary understanding of the Project, and
recognized the need for an Addendum once the Parties agreed to use of the Project and
maintenance to the Project; and
WHEREAS, the Parties now enter into this Addendum to address the use of the Project
and maintenance to the Project; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
good and valuable consideration, the Parties agree as follows:
AGREEMENT
1. Use of the Project. The City agrees to allow the School District priority use of the
artificial turf field 14 during the term of this agreement, determined by schedules
submitted by the following dates: February 1 for the spring season, April 1 for the
summer season, July 1 for fall season. The School District understands that outside
of agreed upon priority times and dates, the Sports Park will be open for public use
including scheduling of the artificial turf field for public activities. The School
District understands that park maintenance can be unpredictable and takes priority
over the School District’s use during the term of this agreement. The School District
agrees to accommodate and work around park maintenance as needed. All rental
fees for the School District’s use of Field 14 and the Sports Park south parking lot
will be waived during the term of the original agreement.
2. Maintenance to the Project. Maintenance responsibilities are attached to this
Addendum as Exhibit A.
3. Remaining Terms Still Valid. All remaining terms and provisions of the MOU
remain valid.
39
Addendum to Memorandum of Understanding between City of Bozeman and Bozeman School District No 7 for the
use and maintenance of additional facilities at the Bozeman Sports Park
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Addendum to be
effective as of the last date set forth below (the “Effective Date”).
THE CITY OF BOZEMAN
BOZEMAN SCHOOL DISTRICT NO 7
BY:
Chuck Winn, City Manager
DATE:
BY:
TITLE:
DATE:
Approved as to form:
By:
City of Bozeman, City Attorney
40
Addendum to Memorandum of Understanding between City of Bozeman and Bozeman School District No 7 for the
use and maintenance of additional facilities at the Bozeman Sports Park
Exhibit A
Maintenance Responsibilities: City of Bozeman
Any large equipment, goals, or bleachers being used or set up on the artificial turf fields
must be approved by the City of Bozeman prior to use.
Daily Maintenance
Set up of artificial turf for reservations & inspection of space (goal placement, lost and
found collection, trash pickup, goal inspections, turf inspection)
Garbage can emptying on a daily route
Daily restroom maintenance to clean, stock, and ensure restrooms are functioning prior to
rentals.
Weekly Maintenance - Weather/Moisture/Temperature dependent
Sweeping Turf
Grooming Turf
Periodic Maintenance - As time allows and as issues emerge
Weeding of periphery
Patching of tears and rips
Post event cleanup: Timeframe varies based on caretaking from the group hosting.
Seasonal Maintenance
Netting of goals and goal maintenance (lacrosse and soccer).
Potential back netting installation/removal
Snow removal from the artificial turf fields will be at the discretion of the City Parks
Department. The City reserves the right to not remove snow when doing so could
negatively affect the condition or lifespans of the artificial turf. While the City will make
reasonable efforts to clear the fields for scheduled uses, snow removal from City streets
and transportation routes will take priority over snow removal from the artificial turf
fields.
The City will be responsible for maintaining pavement, signage, and striping of the mid-
block crossing. The City will be responsible for minor repairs to the parking lot including
restriping and crack sealing.
Maintenance Responsibilities: School District
41
Addendum to Memorandum of Understanding between City of Bozeman and Bozeman School District No 7 for the
use and maintenance of additional facilities at the Bozeman Sports Park
Parking lot maintenance outlined in current MOU
The School District will be responsible for maintaining garbage cans for Field 14 and the
south parking lot at the Sports Park during the school year.
The School District will be responsible for winter snow removal from the Sports Park
Complex south parking lot and the mid-block crossing.
The School District will be responsible for the purchase, ownership, and ongoing
maintenance of the football goalposts and any additional back netting required for
football.
The School District is responsible for ensuring the Sports Park Complex south restrooms
are clean and stocked during the School District’s rental times.
42
Memorandum
REPORT TO:City Commission
FROM:Nick Ross, Transportation & Engineering Department Director
Emiliano Esparza, City Engineer
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Sanbell for the 2027 Transportation Master Plan Update Contract
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
Sanbell for the 2027 Transportation Master Plan Update Contract.
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 is beginning to prepare
the 2027 Transportation Master Plan Update, which will provide a
comprehensive update of the 2017 Transportation Master Plan, herein
called “Transportation Master Plan (TMP)”. The TMP serves as a strategic
guide for transportation infrastructure investments based on transportation
network needs and associated decision-making principles that incorporate
community feedback. The TMP addresses local transportation issues
including operational efficiency, safety, sustainability, complete streets,
funding, transportation demand management, and multi-modal
connections. The 2027 Transportation Master Plan Update aims to align the
existing TMP with current policy and land use planning based upon the
holistic vision of the City Community Plan. The TMP update will be
accomplished through community engagement, innovative operational
analyses of existing and future transportation demand, socioeconomic
analysis of current population and economic trends, an evaluation and
prioritization of proposed projects, and an ecological screening of sensitive
lands. A comprehensive transportation master plan is needed to address the
needs of the community and to help direct future growth through innovative
and community-wide planning. On July 21, 2026, City Commission approved
for adoption a community engagement plan for the 2027 Transportation
Master Plan Update to build awareness and through public feedback
enhance the goals and blueprint for guiding transportation infrastructure
investments.
City of Bozeman’s seeks consulting services to prepare the 2027
Transportation Master Plan Update. Sanbell was selected to assist in
43
updating the TMP. Services under this contract will include public
engagement, innovative operational analysis of existing and future
transportation demand, an evaluation and prioritization of proposed
projects, and an ecological screening of sensitive lands. Work under this
agreement will be implemented at the discretion of the Director of
Transportation and Engineering and managed by the City Engineer.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:Funding for the 2027 Transportation Master Plan Update is included in the
approved FY27-28 Arterial and Collector District biennium budget under
Transportation Master Plan (TMP27) with a total project budget of $250,000.
Attachments:
2026 PSA_TMP27_FINAL.docx
2026 Non-discrimination Affirmation
Form_TMP27_FINAL.pdf
Exhibit A_TMP27_SOW_Final.pdf
PSA_TMP27_Fees_Final.pdf
Report compiled on: June 29, 2026
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 28th day of July , 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, Sanbell, 106 E Babcock St Suite L1, Bozeman, MT, 59715, 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 28th day of July, 2029, 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 attached hereto as Exhibit A. For conflicts
between this Agreement and the Scope of Services, unless specifically provided otherwise, the
Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. 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.
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Cost shall be calculated and defined as follows:
a. Cost. Cost is the actual cost of the work. Through the negotiations process, the OWNER
establishes a maximum cost ceiling on a cost-plus-fixed-fee contract. Federal regulations (23
CFR 172) require a contract maximum cost ceiling in cost plus fixed fee contracts.
b. Fixed Fee. Fixed Fee is the negotiated fee and a set dollar amount in the agreement that
includes a maximum profit of 12-percent of total labor costs for the Consultant. Up to the
equivalent of percent of labor and overhead to the date of the invoice, the Consultant may
claim partial payment of the Fixed Fee. If tasks within the Scope of Services are not
completed, no Fixed Fee will be billed for those tasks. No Fixed Fee will be billed for
construction engineering services that are not performed. Subject to the foregoing, the
entirety of the Fixed Fee for tasks completed within the Scope of Services may be billed at
Final Payment.
c. Direct Costs. Direct costs shall be in conformance with 48 CFR Part 31, and the AASHTO
Uniform Audit & Accounting Guide, and may include the cost of Subconsultants. The
Consultant certifies that any projected salary rate increases included in the Proposal are
based on reasonably on the Consultant’s usual and customary practices. Prior written
approval of the OWNER is required for overtime compensation.
d. Indirect Costs, applicable to Consultant and Subconsultants. Generally, after the execution
of this agreement, the OWNER will give Notice of the Indirect Costs (IDC) rates that will be
applied to this Agreement. Such notice is incorporated herein by the reference. The IDC rate
and supporting documentation must be calculated and submitted in accordance with 23 CFR
§172 using the cost principles of 48 CFR Part 31. The Consultant will establish the IDC rate
based on the Consultant’s Accounting Period. In no event will the IDC rate cause an increase
or decrease in the Fixed Fee. The Consultant must keep on file with the OWNER an accepted
Certification of Indirect Costs. For purposes of compensation, the rights and obligations of
the Consultant set forth in this Section shall apply to the Subconsultant. Each Subconsultant
shall submit to the irrevocable commitment option specified by the Consultant.
i. An Indirect Cost Rate is required, except when total compensation is less than or
equal to Fifty Thousand Dollars ($50,000); and Consultant/Subconsultant does not
have a current, OWNER-accepted indirect cost rate or cognizant audit; or
Subconsultant is providing vendor-type services or contract labor and does not have
a current, OWNER-accepted indirect costs rate or cognizant audit.
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ii. An unaudited indirect cost rate is acceptable when the Total Compensation is less
than or equal to Two Hundred Fifty Thousand Dollars ($250,000); and a Risk
Assessment determines an unaudited indirect cost rate is acceptable.
iii. An audited indirect cost rate is required when The Total Compensation is more than
Two Hundred Fifty Thousand Dollars ($250,000) per individual task order; or a Risk
Assessment determines that an audited indirect cost rate is required.
iv. In unique cases, Negotiated or Provision Indirect Cost Rates may be used, as
described in MDT’s Consultant Services Manual, if all parties agree.
v. Due date.
1. Due date (Audited). If an audited indirect cost rate is required, within thirty
(30) days of the date of an independent auditor’s report setting the
consultant’s audited overhead rate, the new bona fide audited IDC rate
must be submitted to the OWNER as part of the Risk Assessment Package.
2. Due date (Unaudited). If an unaudited indirect cost rate is required, within
thirty (30) days of its calculation, a bona fide IDC rate must be submitted to
the OWNER as part of the Risk Assessment Package.
3. At the OWNER’s sole discretion, the Consultant shall pay the OWNER
liquidated damages at the rate of One Hundred Dollars ($100.00) per day
for each day after the Due Date.
vi. Effective date.
1. The IDC rate expires one (1) yar after the end of the Accounting Period.
2. Before the end of the Grace Period, defined as six (6) months following the
expiration of the IDC rate, the Consultant shall submit a new IDC rate.
3. An IDC rate submitted within the Grace Period is effective as the first day of
the month following the month of the OWNER’s letter of acceptance;
except, an IDC rate not accepted by the OWNER by the end of the Grace
Period is retroactive to the end of the Grace Period.
4. A bona fide IDC rate received after the expiration of the Grace Period is
retroactive to the date it is received by the OWNER.
5. In the event the OWNER, in its sole discretion, determines that the
submitted IDC rate is not bona fide the rate will be effective on the date
accepted and will not be retroactive.
6. Failure by the Consultant to provide an IDC rate, as required herein, may
result in a One Hundred Percent (100%) forfeiture of the IDC rate portion
for services rendered after the Grace Period.
vii. The Consultant shall commit, irrevocably for the duration of this Agreement, to one
of two options:
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1. Consultant’s IDC rate will remain fixed through the term of this Agreement.
In the event of any extension of the term of this Agreement, then the
Consultant shall provide its new rate; or if a new rate is unavailable, then a
new rate will be negotiated by the parties.
2. Following the same procedure as for the original submission, the
Consultant’s IDC rate will be submitted annually, within the Grace Period.
viii. The Consultant may request exceptions to the requirements of this section on a case-
by-case basis, and the OWNER will consider these exceptions. Any exceptions, if
approved, must be in writing and must comply with all applicable laws, regulations,
policies, and procedures.
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.
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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.
7. Prevailing Wage Requirements
a. Montana Resident Preference. The nature of the work performed, or services
provided, under this Contract meets the statutory definition of a "public works contract" in 18-2-
401, MCA. Unless superseded by federal law, Montana law requires that contractors and
subcontractors give preference to the employment of Montana residents for any public works
contract in excess of $25,000 for construction or non-construction services. Contractor must abide
by the requirements set out in 18-2-401 through 18-2-432, MCA, and all administrative rules
adopted under these statutes.
The Commissioner of the Montana Department of Labor and Industry has established the
resident requirements in accordance with 18-2-403 and 18-2-409, MCA. Any and all questions
concerning prevailing wage and Montana resident issues should be directed to the Montana
Department of Labor and Industry.
b. Standard Prevailing Rate of Wages. In addition, unless superseded by federal law, all
employees working on a public works contract must be paid prevailing wage rates in accordance
with 18-2-401 through 18-2-432, MCA, and all associated administrative rules. Montana law
requires that all public works contracts, as defined in 18-2-401, MCA, in which the total cost of the
contract is greater than $25,000, contain a provision stating for each job classification the standard
prevailing wage rate, including fringe benefits, travel, per diem, and zone pay that Contractors,
subcontractors, and employers must pay during the public works contract. Wage rate adjustments
for multiyear public works contracts are the sole responsibility of the Contractor and must be done
in accordance with 18-2-417, MCA.
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c. Notice of Wages and Benefits. Furthermore, 18-2-406, MCA, requires that all
contractors, subcontractors, and employers who are performing work or providing services under a
public works contract post in a prominent and accessible site on the project staging area or work
area, no later than the first day of work and continuing for the entire duration of the contract, a
legible statement of all wages and fringe benefits to be paid to the employees in compliance with
18-2-423, MCA.
d. Wage Rates, Pay Schedule, and Records. 18-2-423, MCA, requires that employees
receiving an hourly wage must be paid on a weekly basis. Each contractor, subcontractor, and
employer must maintain payroll records in a manner readily capable of being certified for
submission under 18-2-423, MCA, for not less than three years after Contractor's, subcontractor's,
or employer's completion of work on the public works contract.
8. 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.
9. 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.
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For any labor problems or disputes or any delays or stoppages of work associated with such
problems or disputes and for any claims regarding underpaid prevailing wages, 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.
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.
10. 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
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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
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.
11. 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.
12. 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
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then take over the work and complete it, either with its own resources or by re-letting the contract
to any other third Party.
b. In the event of a termination pursuant to this Section 12, Contractor must be entitled
to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 12 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 12, 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. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of City, make it
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 13, 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 13(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.
14. 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
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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
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.
e. 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.”
f. 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.
15. 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
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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.
16. Representatives and Notices:
a. City’s Representative: City’s Representative for the purpose of this Agreement must
be Nick Ross, Director of Transportation and Engineering Department 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 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 Joey Staszcuk, P.E. 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.
17. 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.
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18. 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.
19. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against
people with disabilities in all services, programs, and activities offered or made available by City.
This includes ensuring that City’s communications with people with disabilities are as effective as its
communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or
web applications intended to be branded for use by City, Contractor must use the City style guide
when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all
digital content, documents, or web applications must also adhere to level A and AA Success
Criteria and Conformance Requirements as defined by the current Web Content Accessibility
Guidelines (WCAG).
City will not accept digital content that does not comply with WCAG A and AA guidelines. If
City refuses digital content because it is non-compliant with the City style guide, Section 508 of the
Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant
and redelivered at no additional cost to City.
20. 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
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.
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21. 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.
22. 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
employees and agents in safe work practices.
23. 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
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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.
24. 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.
25. 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.
26. 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.
27. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
28. 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
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
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Professional Services Agreement for 2027 Transportation Master Plan Update
Page 15 of 17
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.
29. Survival: Contractor’s indemnification must survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
30. 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.
31. Severability: If any portion of this Agreement is held to be void or unenforceable, all
other provisions of this Agreement must remain in effect.
32. Applicable Law: The Parties agree that this Agreement is governed by the laws of the
State of Montana.
33. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the Parties.
34. 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.
35. Counterparts: This Agreement may be executed in counterparts, which together
constitute this Agreement.
36. 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.
37. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
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Professional Services Agreement for 2027 Transportation Master Plan Update
Page 16 of 17
38. Extensions: This Agreement may, upon mutual agreement, be extended annually for a
period of two (2) additional years for a total of five (5) years by written agreement of the Parties.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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Professional Services Agreement for 2027 Transportation Master Plan Update
Page 17 of 17
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year
first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA SANBELL
CONTRACTOR
By________________________________ By__________________________________
Chuck Winn, City Manager
Print Name: Danielle Scharf, PE, PTOE
Print Title: Managing Principal
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Appendix A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
Sanbell (name of entity submitting) hereby affirms it will not discriminate on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived
sexual orientation, gender identity or disability and acknowledges and understands the
eventual contract will contain a provision prohibiting discrimination as described above and this
prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees
and to all subcontracts.
Sanbell (name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and
Section 39-3-104, MCA (the Montana Equal Pay Act).
______________________________________
Danielle Scharf, PE, PTOE, Managing Principal
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Exhibit A – Scope of Work
2027 Transportation Master Plan
7/20/26
Sanbell is pleased to provide this scope of work for the preparation of the City of
Bozeman’s 2027 Transportation Master Plan (TMP) Update. The project will include a
comprehensive evaluation of existing and future transportation conditions,
development of updated transportation goals and objectives, identification and
prioritization of multimodal transportation projects, integration of road ecology
considerations, development of implementation and funding strategies, and
preparation of performance measures, policies, and programs to guide future
transportation investments. A robust public engagement program will be conducted
throughout the project to support collaboration with community members,
stakeholders, advisory boards, agency partners, and City staff. The work will
culminate in the preparation of a Draft and Final 2027 Transportation Master Plan
Update that reflects community values, anticipated growth, transportation system
needs, and the City’s long-term vision for a safe, connected, and sustainable
transportation network. A detailed scope of services is outlined below.
Scope of Work:
Task 1 – Public Engagement
This task of the project includes leading a robust, continuous public engagement
program that meets all requirements of MLUPA while delivering a genuinely useful
public process. Scope of work under Task 1 includes the following:
I. Review City prepared draft Public Engagement Plan and provide comments
and edits.
II. Develop, maintain, and administer the project webpage hosted on Engage
Bozeman. Administrative access will be provided by the City.
a. Prepare electronic communication.
b. Distribute draft documents by posting on project webpage.
c. Use of public surveys/maps on Engage. Public Map with comments. Pre-
populate the public comment map with relevant comments from the
Gallatin Valley MPO Long Range Transportation Plan.
d. Draft Plan in story map setup similar to gap analysis map.
e. Prepare maps and other exhibits in support of meetings and drafting
TMP.
f. Maintain electronic engagement throughout the project’s lifecycle on
project webpage while meeting MLUP requirements.
III. Conduct analysis and response to public comments, and draft TMP section
(see Task 8: Draft TMP Update).
a. Compile Comment Response Matrix, categorize, and publish after each
major comment period. All comments received through the project
duration will be included and provided to consultant by City staff.
IV. Coordinate and support public meetings with effective notices
a. Two (2) City wide open house meetings:
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i. One meeting to review TMP Update goals and objectives
ii. A second meeting to review draft TMP Update
b. Three (3) Regional Meetings: Downtown, Southside and Westside. These
meetings will take place between the two Citywide meetings.
V. Conduct four (4) Technical Working Group Meetings (i.e., working meetings)
with internal and external partners included, but not limited to the following:
a. City Parks, Community Development, Police, and Fire
b. MSU
c. MDT
d. Gallatin County / MPO
e. Downtown Partnership
f. Transit / Streamline
VI. Prepare materials and provide support as needed for three (3) Advisory Board
Meetings.
a. Transportation
b. Planning
c. Sustainability
Task 2 - Goals & Objectives
A cohesive vision for transportation in the city that will guide the plan will be crafted
through collaboration with City staff and the project advisory group. Scope of work
under Task 2 includes the following:
I. Review the goals and objectives from the 2017 TMP and other existing plans,
policies, and programs, including the ongoing Bozeman Safety Action Plan and
Gallatin Valley MPO LRTP. Develop draft goals and objectives TMP section for
the 2027 TMP update based on this review.
II. Review draft goals and objectives with City staff, Technical Working Group
(TWG), and the public.
III. Revise and finalize goals and objectives TMP section based on feedback from
City staff, the TWG, and public as directed by the City Project Manager.
IV. Draft and final TMP Update goals and objectives section.
Task 3 – Existing Conditions
This task consists of establishing a clear, decision-ready baseline of system
conditions that supports future forecasting, project identification, and prioritization.
Scope of work under Task 3 includes the following:
I. Identify and evaluate demographic trends: population changes, MSU
enrollment, age distribution, employment and income, mode of transportation
to work, historic development trends and current land uses.
a. Evaluate similar socioeconomic trends as those completed in the 2017
TMP, Chapter 2.1 and 2.2.
II. Prepare inventory of transportation network by asset type (e.g., linear footage of
collector streets, bike network) by building off data already available (street
network including functional classification, walking network, biking network,
freight and rail networks, transit network and ridership). See 2017 TMP, chapter
2.3.
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III. Conduct a comprehensive assessment of existing transportation system
conditions to establish a baseline understanding of network performance,
safety, mobility, and multimodal connectivity. Prepare the following:
a. Volume Maps (Arterial & Collector). Volumes to be obtained from
GVMPO, MDT, and City sources. Up to 144 hours of intersection counts
will be collected and processed to supplement available data.
b. Information/map on inflow/outflow of traffic from outside city (origin to
destination analysis) to be completed by Replica
c. Congestion Maps based on a planning-level segment-level capacity
analysis on Arterial and Collector streets for which volumes and
geometric information (i.e., number of lanes, median presence) are
readily available. Replica speed profiles may also be used to assess
variability in travel speeds over the course of a day.
d. Safety Data (Maps and Tables). Summarize key findings from the City’s
Safety Action Plan (SAP).
e. Transit Maps. Incorporate existing transit data from the Gallatin Valley
Long Range Transportation Plan.
IV. Conduct Modal Analysis and summarize with maps and tables.
a. Gaps in the walking and biking systems (as identified in the Bozeman
Bicycle and Pedestrian Gap Analysis final report).
b. Mode share data from census data or other sources.
V. Complete existing intersection level-of-service (LOS) evaluations for
intersections between City-owned collectors and arterials not controlled by
signal or roundabouts. This will be completed by:
a. Reviewing studies completed within the last three years and
summarizing intersection LOS results on a map. Perform level-of-service
evaluations for all collector and arterial intersections not controlled by
traffic signals or roundabouts.
b. Completing a planning level intersection control evaluation on
intersections not included in the studies reviewed in Subtask 3.v.a. and
for which segment-level volumes are readily available. The analysis
methodology will be taken from NCHRP Report 825: Planning and
Preliminary Engineering Applications Guide to the Highway Capacity
Manual. The purpose of this analysis will be to identify intersections
where a change in traffic control may be needed to meet the City’s
desired LOS target.
VI. Draft and final TMP Update existing conditions section Final TMP Chapter
based on City feedback.
Task 4 – Future Conditions
This task consists of collaboration with City staff to develop a future transportation
scenario that captures 20 years of anticipated growth in Bozeman. The origin-
destination patterns identified in Task 3 will be utilized in addition to growth rates
based on planned land use changes identified in the Bozeman Community Plan to
project future travel demand. Scope of work under Task 4 includes the following:
I. Prepare projections for population and economic trends including population
changes (Bozeman and Gallatin County), MSU enrollment, age distribution,
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employment and income, mode of transportation to work, future development
trends and land uses.
a. Similar pattern to prior TMP into future conditions scenario.
b. Develop a single 20-year planning horizon scenario based on the growth
assumptions established in the Bozeman Community Plan.
II. Prepare projections for future travel demand by utilizing findings of Task 3 –
Existing Conditions and growth rates based on planned land use changes
identified in the Bozeman Community Plan, and other applicable resources.
a. Identify future travel patterns, origin-destination relationships, and
corridor-level travel demand.
i. Include inside/outside Bozeman limits.
b. Complete high-level operations analysis, as well as intersection level
LOS analyses at the intersections evaluated in Task 3.
i. Utilize PRAT information.
ii. Identify areas of anticipated high multimodal demand, including
priority bicycle corridors, bike lanes, and shared use paths.
III. Draft and final TMP Update future conditions section based on City feedback.
Task 5 – Transportation Project Identification
This task consists of beginning project identification with a thorough review of the
recommendations of the previous TMP, noting where projects can be refined or
modified to align better with the needs, deficiencies, and opportunities identified
through community engagement, as well as the results of the Existing Conditions
and Future Conditions analyses. Scope of work under Task 5 includes the following:
I. Provide an updated summary of the recommendations of the previous TMP,
noting where projects can be refined or modified to align better with the needs,
deficiencies, and opportunities identified through community engagement, as
well as the results of the Existing Conditions and Future Conditions analyses.
a. Update typical sections for roadway classification. Like Fowler Project
detail with dimensions.
II. Integrate recommendations from the Safety Action Plan.
a. Incorporate Safety Projects in place of various spot improvements.
Task 6 – Road Ecology
This phase consists of the development of a science-based policy framework for
integrating road ecology into the City’s Transportation Master Plan grounded in a
clear understanding of ecological function and wildlife movement patterns.
Scope of work under Task 6 includes the following:
I. Draft and finalize a standalone science-based policy that will provide the City
with a framework for integrating road ecology into City projects including TMP
Update. Executive summary level narrative and policy guidance will focus on
the siting and design of projects.
a. Participate in up to 5 regularly scheduled project team meetings to
review task progress and deliverables.
b. Conduct up to two virtual FWP and MDT workshops to gather
information on collar data and corridors specific to Bozeman to review
policy and project recommendations.
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c. Conduct two virtual stakeholder interviews with the Center for Large
Landscape Conservation and key local stakeholders and personalize
invitation to the two open houses in Task 1.
d. Collect and organize Bozeman specific data that has become publicly
available since the Gallatin Valley Sensitive Lands database was
prepared in 2025 with a focus on FWP data to identify priority habitat
areas, migration corridors, and collision risks within the transportation
network.
e. Summarize baseline conditions into a memo with maps. Address up to
two rounds of revisions.
f. Identify priority wildlife specific projects and their location with general
descriptions to be incorporated into the TMP, such as wildlife crossings,
permeability enhancements, fencing strategies, and multimodal design
adjustments.
g. Develop decision-oriented mitigation hierarchy (avoid–minimize–
restore–offset) online map layer.
h. Summarize into a Road Ecology Policy Memo. Address up to two rounds
of revisions.
II. Incorporate the above memos into the Draft 2027 TMP Update. See Task 10:
Draft TMP Update. Revise the section as a Final 2027 TMP based on
public/agency comments.
Task 7 – Implementation & Funding Plan
This task consists of translating the goals and objectives established as part of Task
2 into a prioritization screening tool that reflects the Bozeman community’s values
and is grounded in data, both qualitative and quantitative. With this tool, we will
identify projects that can be fast-tracked for implementation as part of the City’s
next Capital Improvement Program. Scope of work under Task 7 includes the
following:
I. Prepare project cost estimates for projects identified in Task 5 - Transportation
Project Identification.
II. Develop a project prioritization screening tool, and complete project
prioritization.
a. Develop and apply project prioritization and screening tool (assumed to
be an Excel file).
b. Work with the City and TWG to refine the prioritization and screening
tool.
c. Prepare final prioritization based on City feedback.
III. Quantify funding needs and develop financial strategies to implement
recommended projects.
Task 8 – Asset Management
This task consists of the development of asset management plan and performance
standards to measure annual progress in meeting transportation goals and
achieving objectives. The City will play a large role in providing summarized data.
Scope of work under Task 8 includes the following:
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I. Prepare performance measures and incorporate in draft TMP Update (e.g.,
Include structural components, Annual PCI, number of miles of chip seal or
pavement replacement, number of miles of extensions by asset type, etc.).
II. Identify preferred investment strategies to attain desired transportation
system outcomes.
Task 9 – Policies and Programs
This task of the project will consist of the development and incorporation of existing
and new policies and programs that prioritize safety, traffic demand management,
and effective network connectivity like the 2017 TMP. Scope of work under Task 9
includes the following:
I. Integrate recently completed efforts including the City’s updated Unified
Development Code, Bozeman Community Plan, Bicycle and Pedestrian Gap
Analysis Study, and Gallatin Valley Sensitive Lands Plan; and draft section of
2027 TMP Update (See Task 10).
II. Coordinate and integrate the City’s Safe Streets for All (SS4A) Safety Action
Plan currently in progress; and draft section of 2027 TMP Update (See Task 10).
Task 10 – Draft 2027 TMP Update
This task consists of a draft of the 2027 TMP Update for City review, incorporating and
addressing City comments and edits, and coordinating at least one review cycle. The
deliverable for this task is a draft 2027 TMP Update with files provided in both Word
and PDF format.
Task 11 – Finalize 2027 TMP Update
This task of the project will consist of finalizing the 2027 TMP Update for City review,
incorporating and addressing City comments and edits if needed. The deliverable for
this task is the final 2027 TMP Update in both Word and PDF format.
The following items are specifically excluded from this scope of work:
• Additional Traffic & Mobility Data Platforms in addition to Replica
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Fees and Billing Arrangements:
Fee
Task 1 – Public Engagement $46,102
Task 2 - Goals & Objectives $14,546
Task 3 – Existing Conditions $55,553
Task 4 – Future Conditions $37,599
Task 5 – Transportation Project Identification $14,560
Task 6 – Road Ecology $22,270
Task 7 – Implementation & Funding Plan $24,155
Task 8 – Asset Management $7,290
Task 9 – Policies and Programs $8.963
Task 10 – Draft 2027 TMP Update $13,545
Task 11 – Finalize 2027 TMP Update $6,155
Total Fee $250,737
Sanbell will bill for its services on a time and materials basis with a not to exceed
amount of $250,737.00 as specified in the fee table above and attached detailed
hourly breakdown. Sanbell shall submit invoices to the Client for work accomplished
during each calendar month. The amount of each monthly invoice shall be
determined on the “time-and-material basis” according to the attached current
standard rate sheets for Sanbell-Rocky Mountain. Monthly invoices shall include,
separately listed, any charges for services for which time charges and/or units’ costs
shall apply.
Project Schedule:
The anticipated schedule for this project will be to finalize engagement July/August
2027 and final completion of the 2027 TMP Update December 2027.
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Fee Proposal for City of Bozeman 2027 Transportation Master PlanKittelson & Associates (Sub) Logan Simpson (Sub)Senior Eng. Manager/PrincipalSenior Engineer IIProject Engineer IIStaff Engineer IISenior Planner IIStaff Planner IIMarket. Coord.Senior Project AdminLabor HoursDirect CostsTotalSenior Principal Engineer/PlannerPrincipal Engineer/PlannerSenior Engineer/PlannerEngineer/PlannerSenior Tech.Tech.IILabor HoursTotalPrincipal Enviro. PlannerPrincipal PlannerSenior Enviro. PlannerSenior BiologistAssociate BiologistGIS AnalystLabor HoursTotalTotal HoursTotal CostsTasks$250 $200 $160 $130 $195 $115 $120 $130 $326 $291 $223 $155 $167 $137 $225 $210 $185 $152.50 $125 $100Task 1 - Public Engagement1.1 Review Public Engagement Plan 1 1 1 3 6 $0 $1,005 0 $0 0 $06 $1,0051.2 Webpage 4 4 20 60 88 $0 $11,080 0 $0 0 $088 $11,0801.3 Public Comments 4 4 32 40 $0 $5,420 0 $0 0 $040 $5,4201.4 Public Meetings 1 20 4 24 24 73 $2,000 $12,670 1 2 6 4 13 $2,214 0 $086 $14,8841.5 Technical Working Group Meetings 1 12 4 20 20 57 $0 $8,130 4 4 $1,163 0 $061 $9,2931.6 Advisory Board Meetings 1 10 4 10 2 27 $0 $4,420 0 $0 0 $027 $4,420Task 1 Subtotal 291 $2,000 $42,725 17 $3,377 0 $0308 $46,102Task 2 - Goals & Objectives2.1 Draft Goals & Objectives Section 1 4 4 4 4 1 18 $0 $3,060 1 4 8 16 4 33 $6,299 1 1 2 $39553 $9,7542.2 Final Goals & Objectives Section 1 2 2 2 2 1 10 $0 $1,720 2 4 6 2 14 $2,677 1 1 2 $39526 $4,792Task 2 Subtotal 28 $0 $4,780 47 $8,976 4 $79079 $14,546Task 3 - Existing Conditions3.1 Demographic Trends 1 2 4 4 11 $0 $1,890 1 2 8 4 15 $2,644 0 $026 $4,5343.2 Transportation Network Inventory 0 $0 $0 1 2 6 6 15 $2,668 0 $015 $2,6683.3 Assessment of Existing System Conditions 2 4 4 10 $0 $1,560 1.5 5 8 6 4 24.5 $4,341 0 $035 $5,9013.4 Modal Analysis 2 1 1 4 $0 $690 1 4 8 4 17 $3,090 0 $021 $3,7803.5 Intersection LOS Evaluations 2 8 16 26 $5,000 $8,760 2 6 14 48 8 78 $14,286 0 $0104 $23,0463.6 Draft Chapter 1 4 2 2 1 10 $0 $1,800 1 6 8 16 6 8 45 $8,431 1 1 2 $39557 $10,6263.7 Final Chapter 2 1 1 1 5 $0 $840 2 4 8 3 4 21 $3,762 1 1 2 $39528 $4,997Task 3 Subtotal 66 $5,000 $15,540 215.5 $39,223 4 $790285.5 $55,553Task 4 - Future Conditions4.1 Projections for Population & Economic Trends 2 4 4 10 $0 $1,640 2 4 16 24 8 54 $10,436 0 $064 $12,0764.2 Projections for Future Travel Demand 4 8 8 20 $0 $3,120 2 4 10 16 4 36 $7,190 0 $056 $10,3104.3 Draft Chapter 1 2 8 4 1 16 $0 $2,580 1 4 6 12 4 8 35 $6,450 1 1 2 $39553 $9,4254.4 Final Chapter 2 8 4 1 15 $0 $2,330 2 3 6 2 4 17 $3,062 1 1 2 $39534 $5,787Task 4 Subtotal 61 $0 $9,670 142 $27,139 4 $790207 $37,599Task 5 - Transportation Project Identification5.1 Updated Summary of Recommendations 1 4 2 4 2 1 14 $0 $2,510 1 4 8 12 2 27 $5,465 0 $041 $7,9755.2 Integrate Recommendations from SAP 4 2 6 $0 $1,120 1 4 8 12 2 27 $5,465 0 $033 $6,585Task 5 Subtotal 20 $0 $3,630 54 $10,930 0 $074 $14,560Task 6 - Road Ecology6.1 Draft & Finalize Science-Based Policy 1 4 1 6 $0 $1,180 0 $0 3 6 24 6 24 52 115 $15,490121 $16,6706.2 Draft TMP Road Ecology Policy 1 4 1 6 $0 $1,180 0 $0 12 8 12 32 $4,42038 $5,600Task 6 Subtotal 12 $0 $2,360 0 $0 147 $19,910159 $22,270Task 7 - Implementation & Funding Plan7.1 Project Cost Estimates for Task 5 Projects 2 8 12 8 1 31 $0 $5,190 0 $0 0 $031 $5,1907.2 Project Prioritization Screening Tool 2 2 2 6 $0 $1,020 3 11 18 36 18 86 $16,771 0 $092 $17,7917.3 Funding Needs & Financial Strategies 2 8 4 8 4 1 27 $0 $4,890 2 4 6 $1,474 0 $033 $6,364Task 7 Subtotal 64 $0 $11,100 92 $18,245 0 $0125 $24,155Task 8 - Asset Management8.1 Performance Measures 4 8 2 8 1 23 $0 $3,520 0 $0 0 $023 $3,5208.2 Investment Strategies 1 4 8 2 8 1 24 $0 $3,770 0 $0 0 $024 $3,770Task 8 Subtotal 47 $0 $7,290 0 $0 0 $047 $7,290Task 9 - Policies and Programs9.1 Integration of Regional Plans 2 4 8 8 4 16 1 43 $0 $6,370 0 $0 1 1 2 $39545 $6,7659.2 Integrate SS4A Safety Action Plan 1 2 2 1 6 $0 $1,170 2 2 4 $1,028 0 $010 $2,198Task 9 Subtotal 49 $0 $7,540 4 $1,028 2 $39555 $8,963Task 10 - Draft 2027 TMP Update10.1 Draft 2027 TMP Update 2 12 16 32 4 8 2 76 $0 $11,580 1 2 4 2 2 11 $1,965 0 $087 $13,545Task 10 Subtotal 76 $0 $11,580 11 $1,965 0 $087 $13,545Task 11 - Finalize 2027 TMP Update11.1 Finalize 2027 TMP Update 1 8 2 8 2 4 1 26 $0 $4,190 1 2 4 2 2 11 $1,965 0 $037 $6,155Task 11 Subtotal 26 $0 $4,190 11 $1,965 0 $037 $6,155Total for all Tasks23 149 105 93 68 143 141 18693 $7,000 $113,11514 68.5 132 256 81 42593.5 $112,8473 13 43 6 32 64161 $22,675 1,464 $250,737Sanbell (Prime)170
OUTSIDE CONSULTANTS
SURVEY CREW SERVICES
STAFF PERSONNEL SERVICES
CHARGE OUT RATES
ROCKY MOUNTAIN
EFFECTIVE SEPTEMBER 13, 2025
Staff Engineer I $120.00/hour Staff Engineer II $130.00/hourStaff Engineer III $135.00/hourLandscape Designer I $110.00/hourLandscape Designer II $115.00/hour Landscape Designer III $125.00/hour Landscape Architect I $140.00/hourLandscape Architect II $150.00/hourSenior Landscape Architect I $185.00/hourSenior Landscape Architect II $195.00/hourStaff Planner I $100.00/hourStaff Planner II $115.00/hourPlanner I $135.00/hour Planner II $150.00/hour Senior Planner I $160.00/hourSenior Planner II $195.00/hourSenior Planner Manager $215.00/hourProject Engineer I $150.00/hour Project Engineer II $160.00/hour Senior Engineer I $190.00/hourSenior Engineer II $200.00/hourSenior Engineer Manager $215.00/hourChief Engineer $200.00/hour Senior Project Manager $210.00/hourSenior Eng Manager/Principal $250.00/hourExpert Witness/Special Consultant $290.00/hourEngineer Intern $90.00/hourField Survey Technician I $85.00/hourField Survey Technician II $88.00/hourStaff Surveyor I $120.00/hourStaff Surveyor II $130.00/hourStaff Surveyor III $138.00/hourParty Chief I $140.00/hourParty Chief II $145.00/hourProfessional Land Surveyor I $150.00/hourProfessional Land Surveyor II $155.00/hourSenior Professional Land Surveyor I $165.00/hourSenior Professional Land Surveyor II $185.00/hourConstruction Inspector $90.00/hourConstruction Engineering Tech. $130.00/hourSenior Construction Eng. Tech. $150.00/hourConstruction Engineer I $145.00/hourConstruction Engineer II $150.00/hourCADD Technician I $100.00/hourCADD Technician II $105.00/hourDesigner I $110.00/hourDesigner II $120.00/hourSenior Designer I $125.00/hourSenior Designer II $145.00/hourSenior Designer Manager $175.00/hourProject Administrator $105.00/hourSenior Project Administrator $130.00/hourAccounting Specialist $110.00/hourOffice Coordinator I $85.00/hourOffice Coordinator II $90.00/hourHR Generalist/Specialist $110.00/hourHuman Resources Assistant $115.00/hourIT Systems Admin I $115.00/hourIT Systems Admin II $120.00/hourSenior Admins Directors $195.00/hourWeb/Graphic Designer $120.00/hourMarketing Coordinator $120.00/hourSenior Marketing Coordinator $140.00/hourMarketing Director $195.00/hour
1-Person/2-Person Crew Per Job
Survey Equipment $30.00 /fieldwork hour
Survey Vehicle Mileage IRS rate/mile + $0.10/mile
Scanner Equipment $150.00/hour
Scanner Equipment (full day) $1,050/day
1) At cost if independently billed direct to client
2) Cost plus 5% if billed through us
INDEPENDENT LABORATORIES
1) At cost if independently billed direct to client
2) Cost plus 5% if billed through us
ADMINISTRATIVE EXPENSES
Administrative Expenses 3.5% *
Including copies, prints, phone, postage, materials, and travel
*Based on professional services only, unless modified by contract
Vehicle Mileage IRS Rate
These rates are updated periodically to reflect
market conditions. Rate increases will be reflected
in future invoicing.
TRAFFIC DATA COLLECTION SERVICES
Standard Intersection Count (veh/bike/ped) $35.00/hour
Small Roundabout Count (veh/bike/ped) $45.00/hour
Large Roundabout Count (veh/bike/ped) $100.00/hour
Spot Location Volume (veh/bike/ped) $5.00/lane/hour
Spot Location Travel Speeds (veh) $8.00/lane/hour
Data Collection Equipment $40.00/count location
Rushed Processing (24-hour turnaround) $10.00/processing hour
Travel Time Processing Rate (veh) $20.00/intersection/hour
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Hourly Overhead @ Profit @ Hourly
Rate 207.31% 12% Billing Rate*
Senior Principal Engineer/Planner $94.58 $196.08 $34.88 $325.55
Principal Engineer/Planner $84.45 $175.07 $31.14 $290.67
Associate Engineer/Planner $70.79 $146.76 $26.11 $243.65
Senior Engineer/Planner $64.84 $134.41 $23.91 $223.16
Engineer/Planner $44.97 $93.23 $16.58 $154.78
Transportation Analyst $41.35 $85.73 $15.25 $142.34
Technician I $34.39 $71.29 $12.68 $118.35
Technician II $39.85 $82.61 $14.69 $137.15
Senior Technician $48.56 $100.67 $17.91 $167.13
Associate Technician $61.92 $128.36 $22.83 $213.10
Office Support $33.30 $69.04 $12.28 $114.62
Data Analyst / Software Technician $50.05 $103.75 $18.46 $172.25
Senior Data Scientist/Developer $75.19 $155.88 $27.73 $258.79
Classification
*Average classification rates shown above were escalated to cover the term of the contract. Classification billing rates
will be invoiced.
City of Bozeman
Rate Schedule
As of July 2026
72
Labor Classifications Billing Rates
79.17
97.50
117.00
158.75
95.00
125.00
152.50
107.00
137.50
169.29
112.50
135.00
151.67
80.00
116.25
130.00
125.00
110.00
151.88
192.50
256.67
215.00
257.50
Administrative Support I
Administrative Support II
Administrative Support III
Administrative Support IV
Biologist
Biologist, Associate
Biologist, Sr.
Environmental Planner
Environmental Planner Associate
Environmental Planner, Sr.
GIS Analyst
GIS Analyst Associate
GIS Analyst, Sr.
GIS Technician
Landscape Designer
Landscape Designer Associate
Landscape Designer, Sr.
Planner
Planner Associate
Planner, Sr.
Principal Environmental Planner
Principal Landscape Architect
Principal Planner
Renewables Planner, Sr.195.00
Contract Rates
2026
Reimbursable Expenses:
-Travel expenses at current federal rates based on the location of travel
-All other project expenses at cost
73
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston, Engineer III
Shawn Kohtz, Utilities Director
SUBJECT:Authorize the City Manager to Sign Amendment 1 to the Professional
Services Agreement with Morrison Maierle, Inc. for the Lyman Creek
Reservoir Project
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to the Professional
Services Agreement with Morrison Maierle, Inc. for the Lyman Creek
Reservoir Project
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The original professional services agreement (PSA) for the Lyman Creek
Reservoir Project was authorized by the City Commission on July 22, 2025.
The attached Amendment 1 to this PSA provides additional services for
Morrison Maierle to assist the City in identifying feasible water right
authorizations or physical modifications to the Lyman Creek water system
that address issues raised by the Montana Department of Natural Resources
and Conservation.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Amendment 1 provides for a total amount of services not to exceed
$15,000. The services to be provided in connection with this Amendment 1
will be donated by Morrison Maierle to the City and therefore impart no cost
to the City.
Attachments:
Lyman PSA Amendment No 1 v2.pdf
Report compiled on: July 15, 2026
74
First Amendment to Professional Services Agreement for Lyman Creek Reservoir Project Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Lyman Creek Reservoir Project dated July 22, 2025 (the “Agreement”) is made and entered
into this _____ day of ____________, 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 Morrison-
Maierle, Inc. hereinafter referred to as “Engineer.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Scope of Services. Scope of services is amended to add the following services:
• Provide services as requested by the City to assist in determining the feasibility of DNRC
permitting or physical modifications to the Lyman Spring facility relative to issues raised
by the Montana Department of Natural Resources and Conservation. The full scope of the
work is not determined at this time and thus the effort under this amendment will be
limited to the budget.
2. Payment for Scope of Services for Amendment No. 1. Morrison Mairele, Inc. agrees to provide $15,000 of services based on their current rate schedule, attached as Exhibit A-1, at no cost to the City. The work will be invoiced periodically with the effort documented and a credit shown to provide for a zero due invoice. The parties agree that it is highly likely that additional
effort will be required as the full scope of work is determined and such additional effort will be compensated through a future amendment based on the Engineer’s standard rate schedule. 3. Agreement still valid. All remaining terms and provisions of the original Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
75
First Amendment to Professional Services Agreement for Lyman Creek Reservoir Project 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 MORRISON-MAIERLE, INC.
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name: Travis Eickman
Title: Bozeman Operations Manager
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
76
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Ordinance Final Adoption of the 2026 Unified Development Code
Housekeeping Amendments 1, to Amend Section 38.530.040 Unified
Development Code, BMC, to Amend Parking in the B-3 District After October
1, 2026, Application 26307
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final adoption of the 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 City adopted new development regulations in December 2026. Two time
sensitive necessary corrections have been identified.
One needed correction is to the standards for motor vehicle parking in the
B-3 zoning district. In 2025, the MT Legislature adopted new law restricting
local control on certain parking requirements. The new law takes effect on
October 1, 2026. The Commission decided to establish parking regulations
that transition from one standard to another on October 1, 2026 to
coordinate with state law. During the drafting of the regulations taking
effect on October 1, 2026, some elements unique to the B-3 zoning district
were unintentionally omitted. The attached ordinance corrects the
omissions.
The Community Development Board unanimously recommended approval of
the amendments at their June 15, 2026 public hearing. The City Commission
held a public hearing on July 14th, as shown in the video recording [external
link]. Discussion of this item begins at 38 minutes into the recording. The City
Commission unanimously approved provisional adoption. Final adoption is
the last step in the amendment process.
UNRESOLVED ISSUES:As identified in the project report.
ALTERNATIVES:1. Adopt the ordinance as presented;
77
2. Direct revisions to the ordinance prior to final adoption;
3. Do not adopt the ordinances; or
4. Request additional information and continue discussion on the
ordinances.
FISCAL EFFECTS:No budgeted funds are affected with this action.
Attachments:
26307 B-3 Parking Post Oct 1, 2026 - Final Adoption.docx
26307 CC Project Report - 2026 Housekeeping Amendments
1 - B3 Parking.pdf
Report compiled on: July 15, 2026
78
ORDINANCE _______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING
SECTION 38.530.040 NUMBER OF VEHICLE PARKING SPACES REQUIRED, APPLICATION 26307.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Title 76, Chapter 25, Montana Code Annotated, the Montana Land Use Planning Act; and
WHEREAS, necessary adjustments to the text adopted under Ordinance 2025-12 to clarify
the application of standards relating to parking in the B-3 zoning district were identified;
WHEREAS, after proper notice, the Community Development Board in their capacity as
Planning Commission required by 76-25-104 MCA held a public hearing on June 15, 2026, to
receive and review all written and oral testimony on the proposed amendments to Chapter 38,
BMC; and
WHEREAS, after considering all matters the Community Development Board
recommended 4-0 to the Bozeman City Commission that this Ordinance be approved; and
WHEREAS, after proper notice, the City Commission held a public hearing on July 14,
2026, to receive and review all written and oral testimony on the proposed land use regulations;
and
WHEREAS, the City Commission at its public hearing on July 14 ,2026, considered all
relevant materials submitted by the public, the recommendation of the Community
Development Board, and the proposed Ordinance; and
WHEREAS, the City Commission has reviewed and considered the applicable criteria for
adoption of land use regulations established in Montana Code Annotated §§76-25, the Montana
Land Use Planning Act and found that this Ordinance is in compliance with the criteria; and
79
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a land use plan, the Bozeman Community Plan 2025, by Resolution
2025-71 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2025, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-25-304, MCA;
3. Zoning must be in accordance with an adopted land use plan;
4. The required public hearings were advertised as required in state law and municipal code
and all persons have had opportunity to review the materials applicable to the application
and provide comment prior to a decision and the notice advised of the regulatory nature
of the amendments;
5. The Bozeman Planning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of
the application.
6. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior
to the City Commission acting on the application.
7. The City Commission considered the application materials, staff analysis and report,
Planning Commission recommendation, all submitted public comment, and all other
relevant information.
8. The City Commission determines that, as set forth in the staff report and incorporating
the staff findings as part of their decision, the required criteria for approval of the
proposed amendments have been satisfied and the proposed amendments are in
substantial compliance with the adopted land use plan.
80
Section 2
That paragraph 38.530.040.C.5, Minimum required motor vehicle parking – Effective October 1,
2026, be amended as follows:
5. B-3 district.
1. Minimum and maximum requirements.
a. In the B-3 district, the minimum number of required spaces shown in Table
38.430.040-3 or Table 38.530.040-4 can be provided as an alternative to the
number of spaces required in Table 38.530.040-1 or 38.530.040-2.
b. Parking spaces provided beyond the maximum shown in Table 38.430.040-3
Table 38.530.040-4 must be provided in a parking structure.
c. The first 3,000 gross square feet of non-residential floor area within a
building is not included in the calculation of minimum required parking. This
floor area is included in the calculation of maximum parking.
Table 38.530.040-3
Use Minimum Parking Spaces Required
General Residential
Dwelling less than 1,200 sq. ft. None
Dwelling 1,200 sq. ft. or greater 1 per dwelling
Deed restricted affordable housing – any size
dwelling
None
Group Residential
Community residential 0.75 per person of approved capacity
Assisted living facilities None
Group living/cooperative household/fraternity and
sorority
First 25 residents: 1 per resident;
Each resident beyond 25: 0.9 per resident
Fraternity and sorority: Five guest spaces
Lodginghouse 0.75 per person of approved capacity
81
Transitional and emergency housing
0.25 per person of approved capacity. Additional
services and facilities to serve non-residents must
provide parking in accordance with Table
38.530.040-4.
Table 38.530.040-4
Use Minimum Parking Spaces
Required
Maximum Vehicle Surface Parking
Spaces
All lodging uses
0.6 per room (including
accessory uses up to 20% of the
building area)
1.2 per room (including accessory
uses up to 20% of the building area)
All other uses 1 per 1,000 square feet of gross
floor area
2 per 1,000 square feet of gross floor
area
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4
Savings Provision.
This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this Ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
82
That should any sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall be codified as directed in Section 2.
Section 7
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the 14th day of July, 2026.
____________________________________
JOEY MORRISON
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2026. The effective date of this ordinance is __________, __, 2026.
83
_________________________________
JOEY MORRISON
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
84
Page 1 of 9
26307 Project Report for the City of Bozeman Housekeeping Amendments 1 –
B3 Parking
Public Hearings:
Community Development Board – June 15, 2026
City Commission – July 14, 2026
Project Description: Amend the Bozeman Municipal Code (BMC) Chapter 38 to address
parking in the B-3 district after October 1, 2026.
Project Location: Revisions to the text are applicable city-wide in all zoning districts per
Chapter 38 – Unified Development Code (UDC).
Recommendation: Meets applicable criteria for approval.
Community Development Board Motion: Having reviewed and considered the Project
report, draft ordinances, public comment, and all information presented, I hereby
adopt the findings presented in the Project report for application 26307 and move to
recommend approval of the amendments.
City Commission Recommended: Having reviewed and considered the Project report,
draft ordinance, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the parking amendment project report for application 26307 and move to
provisionally adopt the ordinance revising parking in the B-3 zoning district on or
after October 1, 2026.
Report: June 23, 2026
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action – Legislative
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26307, Project Report for Housekeeping Amendments 1 – B3 Parking Page 2 of 9
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Unresolved Issues ............................................................................................................... 3
Public Comment.................................................................................................................. 3
Community Development Board ........................................................................................ 3
Alternatives ......................................................................................................................... 3
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS - ZONING .... 4
Section 76-25-304, MCA Zoning Regulations Criteria ...................................................... 4
APPENDIX A - NOTICING AND PUBLIC COMMENT ...................................................... 8
APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF ...................... 8
FISCAL EFFECTS ................................................................................................................... 8
ATTACHMENTS ..................................................................................................................... 9
EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Project Summary
The City adopted new development regulations in December 2025. Two time sensitive
necessary corrections have been identified. First, legacy short term rentals (STR).
Second, motor vehicle parking in the B-3 zoning district which is the focus of this report. In
2025, the MT Legislature adopted new law restricting local control on certain parking
requirements. The new law takes effect on October 1, 2026. The Commission decided to
establish parking regulations that transition from one standard to another on October 1, 2026.
During the drafting of the regulations taking effect on October 1, 2026, some elements
unique to the B-3 zoning district were unintentionally omitted. The proposed ordinance
corrects the omissions.
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26307, Project Report for Housekeeping Amendments 1 – B3 Parking Page 3 of 9
The City Commission authorized the review of the code amendments on May 12, 2026. This
report is focused on the amendments addressing parking in the B-3 district.
The full details of the text amendment are provided in the attached Ordinances.
Unresolved Issues
None.
Public Comment
Written public comment will be archived and available through the project folder in the
City’s Laserfiche archive. Comments provided orally at public meetings will be available
through the recordings of those public meetings. Links to recordings of meetings will be
added to this report as the review of the project moves forward. No public comment has been
received as of the date this report was written.
Community Development Board
The Community Development Board (CDB) recommends adoption of the proposed
amendment to the City Commission after conducting their public hearing, considering the
draft document, opportunity for public comments, and reviewing the required criteria for
decision. Discussion of the amendments begins at 14:45 in the linked recording. Motion and
discussion on the motion begins at 55:23 in the recording. The recommendation passed 4-0 in
favor.
Alternatives
The City Commission has the following alternatives in deciding on the proposed
amendments.
1. Adopt the ordinances as presented;
2. Direct revisions to the ordinances prior to adoption;
3. Do not adopt the ordinances; or
4. Request additional information and continue discussion on the ordinances.
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the amendments
meet the minimum criteria for approval as proposed.
The Community Development Board in their capacity as the Planning Commission held a public
hearing on June 15, 2026, at 6 pm and made a recommendation.
The City Commission will hold a public hearing on the text amendment on July 14, 2026, at 6:00
p.m. and decide whether the proposed amendments should be adopted or not.
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26307, Project Report for Housekeeping Amendments 1 – B3 Parking Page 4 of 9
SECTION 2 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS -
ZONING
In considering applications for amendment approval under this title, the advisory boards and City
Commission must consider the following criteria per MCA 76-25-304.2.c-2.d. As an amendment
is a legislative action, the Commission has broad latitude to determine a policy direction.
A zone text amendment must be in accordance with the land use plan (criteria 2.c), accommodate
needed housing types (criteria 2.c.i), contain five or more specific strategies to encourage
development of housing (criteria 2.c.ii), reflect allowable uses and densities adequate to be
served by public services (criteria 2.c.iii), allow sufficient area for existing, new or expanding
commercial and industrial uses (criteria 2.c.iv), protect, minimize or avoid impacts and dangers
to the natural environment (criteria 2.c.v-2.c.vii), and preliminary determine whether the
amendment results in new or increased impacts to local facilities, services, natural resources,
natural environment, or natural hazards previously analyzed in the assessment of the land use
plan. Therefore, to approve a zone text amendment, the Commission must find that Criteria 2.c-
2.d are met.
In determining whether the criteria and guidelines under state law are met, Staff considers the
entire body of plans and regulations for land use and development. Standards which prevent or
mitigate negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code. Division 38.770 of the UDC contains the
process for completing text amendments and references the specific criteria of MCA 76-25-
304(2) listed previously. The proposed text amendment follows all public hearing and notice
requirements outlined within BMC 38.770.030.
The existing municipal code provisions addressing related topics to the Housekeeping
Amendments 1 were, at the time of adoption, found to satisfy all the required criteria. As such,
the focus of this report is only on the amendments proposed. Unless shown as being edited in the
draft ordinance, all existing standards stay as currently adopted. Where a finding of neutral is
presented, it represents that the criteria or guideline has been considered and the change does not
materially advance or detract from compliance. Therefore, a finding of neutral is not necessarily
an indication of a deficiency in the proposed amendments or the existing standards.
Section 76-25-304, MCA Zoning Regulations Criteria
Zoning regulations must:
2.c. Be in substantial compliance with the land use plan.
Yes, the criterion is met. The proposed amendments are in conformance with the growth
policy. As the growth policy provides a high-level vision and direction of how a community
hopes to develop over time, it does not dictate uses or specific standards to the level of detail
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26307, Project Report for Housekeeping Amendments 1 – B3 Parking Page 5 of 9
contained in this ordinance. However, it does identify issues and priorities for consideration
with specific goals and objectives that are desired outcomes.
The Bozeman Community Plan 2025 (BCP2025), adopted in November 2025, establishes the
City’s policies for growth and regulation of land uses and development. It continues concepts
and community priorities that were established in several prior growth policies. Prior growth
policies encouraged creation of development standards that supported predictable review
processes and addressed areas of community concerns.
The following relevant goals and objectives included in the BCP2025 are supported by the
proposed amendments. As such, the draft ordinance includes specific standards that are in
accordance with the BCP2025 and referenced below.
Parking in the B-3 District on and after October 1, 2026
N-1.1. Promote housing diversity, including missing middle housing.
DCD-1.2. Remove regulatory barriers to infill.
DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the
overall transportation system for and between districts.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
Climate Action Plan - Action 3.G.2. Revise Development Code to Enhance Compact and
Sustainable Development
These were all considered during the initial adoption of the update to Chapter 38 adopted in
Ordinance 2151 on December 2, 2025. The staff report, beginning on page 9, contains
discussion of compliance with the land use plan. Parking is discussed under several elements
of land use plan substantial compliance. The proposed amendments with this ordinance
correct missing references and text and do not change policy or compliance with the land use
plan. Therefore, the findings of the original staff report remain applicable and the proposed
language is in substantial compliance with the land use plan.
2.c.i. Accommodates the projected needed housing types identified in 76-25-206.
Criteria is met. The proposed amendments do not apply to this criterion. The City’s
standards regarding accommodating housing types are established through the City’s zoning
districts, which are not changed with these amendments. The proposed Housekeeping
Amendments do not change uses allowed in individual zoning districts, nor do they amend
the zoning map. The City of Bozeman’s Unified Development Code adopted in December
2025 was, at the time of adoption, found to satisfy the required criteria. Therefore, there is no
change to the project number of dwellings needed, types of housing authorized, or standards
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26307, Project Report for Housekeeping Amendments 1 – B3 Parking Page 6 of 9
(including parking) for construction of housing. Rather, they continue the existing standards
applicable at this time for parking in the B-3 district and correct an inadvertent omission.
The recent adoption of the City of Bozeman’s Unified Development Code in December 2025
was, at the time of adoption, found to satisfy the required criteria. Therefore, considering the
code as a whole, the standards listed in this criterion are not being changed with these
amendments and therefore the standard continues to be met.
2.c.ii. Contains five or more specific strategies from 76-25-302 to encourage the
development of housing within the jurisdiction.
Criteria is met. The proposed amendments do not apply to this criterion. The City’s
standards regarding accommodating housing types are established through the City’s zoning
districts, which are not changed with these amendments. The proposed Housekeeping
Amendments do not change uses allowed in individual zoning districts, nor do they amend
the zoning map. The City of Bozeman’s Unified Development Code adopted in December
2025 was, at the time of adoption, found to satisfy the required criteria.
State law recently changed the parking that a community may require of new dwellings. The
proposed language is consistent with that law. The new law is more restrictive than the
minimum compliance for parking in the housing support strategies.
The recent adoption of the City of Bozeman’s Unified Development Code in December 2025
was, at the time of adoption, found to satisfy the required criteria. Therefore, considering the
code as a whole, the standards listed in this criterion are not being changed with these
amendments and therefore the standard continues to be met.
2.c.iii. Reflects allowable uses and densities in areas that may be adequately served
by public safety, emergency, utility, transportation, education, and any other local
facilities or services identified by the local government in 76-25-207.
Criteria is met. Parking is an element of a functional transportation system. The proposed
revisions help ensure that parking as needed in the B-3 zoning district is provided and that
the proposed standards are consistent with state law limitations. The revisions address
dwelling types allowed in the B-3 district but not addressed with the initial adoption. The
missing text would create confusion on what standard applied so the revision helps ensure
adequate transportation services in the district. Other listed public services are not expected
to be materially affected as the parking is supportive of the dwellings created and the
evaluation of proposed dwellings to other standards of the code address those topics. The
non-residential elements are carrying forward standards already adopted for the B-3 district
and inadvertently omitted so the amendments will have no more or less impact than is
already in place.
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26307, Project Report for Housekeeping Amendments 1 – B3 Parking Page 7 of 9
2.c.iv. Allows sufficient area for existing, new, or expanding commercial, industrial,
and institutional enterprises the local government has identified in 76-25-208 for
targeted economic growth in the jurisdiction.
Yes, the criterion is met. The proposed amendments do not modify the zoning map. The
zoning map approved by Ordinance 2151 on December 2, 2025 was found to meet this
criteria. Therefore, considering the code as a whole, the standards listed in this criterion are
not being changed with these amendments and therefore the standard continues to be met.
2.c.v. Protects and maximizes the potential use of natural resources within the
area, as identified in 76-25-209.
Neutral. Standards for the protection of the ability to develop natural resources are not being
altered with this ordinance. The proposed amendments are correcting omissions from the
original text of the update to Chapter 38 and are not expanding any area of development.
Impacts to the natural resource subjects are addressed at the time of site-specific
development review. The standards listed within BMC 38.610 and 38.620 or other relevant
sections are not being changed with the proposed amendments and therefore, this criterion
continues to be met.
2.c.vi. Minimizes or avoids impacts to the natural environment within the area, as
identified in 76-25-209.
Yes, this criterion is met. Standards for the protection of natural resources are not being
altered with this ordinance. The existing municipal code contain specific permitting
processes which must be reviewed in compliance with all City regulations, including the
wetland and watercourse standards in Divisions 38.610 and 38.620 of the Bozeman
Municipal Code. The standards listed within BMC 38.610 and 38.620 are not being changed
with the proposed amendments and therefore, this criterion continues to be met.
2.c.vii. Avoids or minimizes dangers associated with natural hazards in the
jurisdiction, as identified in 76-25-209.
Yes, the criterion is met. The recent adoption of the City of Bozeman’s Unified Development
Code in December 2025 was, at the time of adoption, found to satisfy the required criteria.
No changes are proposed to the City regulations regarding the natural environment or natural
hazards, specifically BMC 38.610 and 38.620 regarding wetland and watercourse standards,
or BMC 38.600 Floodplain Regulations. Potential dangers associated with natural hazards
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26307, Project Report for Housekeeping Amendments 1 – B3 Parking Page 8 of 9
are identified and addressed at the time of site-specific development review through an
associated planning application and/or building permitting process.
2.d. Preliminarily determine whether the proposed zoning regulation, map, or
amendment results in new or increased impacts to or from local facilities, services,
natural resources, natural environment, or natural hazards from those previously
described and analyzed in the assessment conducted for the land use plan.
This criterion is met. The proposed amendments do not result in new or increased impacts to
local facilities or services, natural resources, natural environments or natural hazards. The
recent adoption of the City of Bozeman’s Unified Development Code in December 2025
was, at the time of adoption, found to satisfy the required criteria. The parking amendments
are to correct an editing oversight and will ensure continuation of existing standards to lessen
impacts of travel demand by providing for parking. Therefore, considering the code as a
whole, the standards listed in this criterion are not being changed with these amendments and
therefore the standard continues to be met.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of BMC 38.730. Notice for text
amendments is by publication. Notice was published in the Bozeman Daily Chronicle on
5/23/2026, 6/06/2026, and a revised notice was published on 6/20/2026 and 6/27/2026. These
notices contain all required elements. Notice was provided at least 15 business days before
the public hearing conducted by the Community Development Board in their capacity as the
Planning Commission, and not more than 45 days prior to the City Commission public
hearing. Additional notice will be provided by inclusion of this item on agendas for the
Community Development Board and City Commission public hearings.
No public comments during the notice period regarding the proposed ordinance has
been received as of the date this report was written.
APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Representative: Community Development, City of Bozeman, PO Box 1230, Bozeman, MT
59771
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
None at this time related to this Amendment.
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ATTACHMENTS
The full application and file of record can be viewed digitally at the Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-
information-portal, select the “Project Documents Folder” link and navigate to application
26307.
Project documents are available at this direct link to the public Laserfiche archive for
application 26307.
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Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Ordinance Final Adoption for the 2026 Unified Development Code
Housekeeping Amendments 1, to Amend Chapter 38 Unified Development
Code, Bozeman Municipal Code, to Address Legacy Short Term Rentals in the
RA district, Application 26307
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Final approval of the attached 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 City adopted new development regulations in December 2026 to
complete a Commission priority established in 2021 and comply with new
state laws. Two time sensitive necessary corrections have been identified.
One needed correction relates to Short term rentals (STR). During the
development of the new zoning regulations several zoning districts were
combined. This consolidation overlapped with updates to the STR
regulations in 2023 by Ordinance 2149. The merging of the two ordinances
had an unintended outcome in the new RA district that caused some STR
Type 2 to become non-conforming. State law and local code protect lawfully
established non-conforming uses. Two unresolved issues were identified in
the project report and two alternatives to address them were provided.
At the Community Development Board public hearing on June 1st, the Board
recommended an alternative approach. The Board's recommended
alternative is to add Short Term Rental Type 2 as an accessory use in the RA
district. STR in some form are accessory uses in all residential districts. The
Board's recommendation amends the text of 38.300.020 to add STR Type 2
to RA and causes the existing STR Type 2 to no longer be non-conforming.
This edit allows future STR Type 2 to be reviewed and approved in
accordance with the existing standards and procedures in 38.320.060.B.
The City Commission held a public hearing on July 14th, as shown in the
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video recording [external link]. Discussion of this item begins at 46:10
minutes into the recording. The City Commission unanimously approved
provisional adoption of the alternative recommended by the Board allowing
STR Type 2 as an accessory use in the RA district. Final adoption is the last
step in the amendment process.
UNRESOLVED ISSUES:None.
ALTERNATIVES:1. Adopt the ordinance as presented;
2. Direct revisions to the ordinance prior to adoption;
3. Do not adopt the ordinances; or
4. Request additional information and continue discussion on the
ordinances.
FISCAL EFFECTS:No budgeted funds are affected with this action.
Attachments:
Allow STR Type 2 in RA Post UDC Update - Final
Adoption.docx
Project Report - 2026 Housekeeping Amendments 1 - STR,
Application 26307.pdf
Report compiled on: July 15, 2026
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ORDINANCE ______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING
BOZEMAN MUNICIPAL CODE SECTION 38.300.020 – ALLOWED USE TABLE – TO ALLOW AS AN
ACCESSORY USE SHORT TERM RENTAL TYPE 2 IN THE RA ZONING DISTRICT.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Title 76, Chapter 25, Montana Code Annotated, the Montana Land Use Planning Act; and
WHEREAS, pursuant to the Bozeman City Charter, in addition to authority
to regulate short term rentals (STRs) conferred upon the City by the State of Montana, the City
hereby relies upon its self-government powers; and
WHEREAS, the City has adopted regulations for STRs pursuant to Ordinance 1974
(effective December 1, 2017), Ordinance 2131 (effective August 11, 2023) and Ordinance 2149
(effective December 13, 2023); and
WHEREAS, on December 16, 2025, the City Commission adopted Ordinance 2025-12-
2151, known as the Unified Development Code Update (UDC Update), which, among other
actions, consolidated the R-S, R-1 and R-2 zoning districts into a new zoning designation of RA;
and
WHEREAS, prior to the UDC Update, Type 1 Short Term Rentals (STR) were allowed as an
authorized use in the R-S, R-1, and R-2 zoning districts and upon the effective date of Ordinance
2025-12-2151, Type 1 STRs were not listed as lawful uses in the RA zoning district. This
unintended change was corrected through Bozeman City Attorney Codification Order 2026-01
on February 18, 2026; and
WHEREAS, prior to the UDC Update, Type 2 STRs were not authorized as a use in the R-S
or R-1 districts, but were an authorized use in the R-2 district and upon the effective date of
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Ordinance 2025-12-2151, Type 2 STRs were not listed as lawful uses in the RA zoning district;
and
WHEREAS, the City Commission did not intend to disallow lawfully existing Type 2 STRs
from continuing lawful operation after the adoption of the UDC Update; and
WHEREAS, to remedy the unintended prohibition on Type 2 STRs in the RA zoning
district, the Commission intends to allow Type 2 STRs in the RA zoning district, which expands
the use of Type 2 STRs beyond what was allowed under the Unified Development Code prior to
the UDC Update; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Planning Commission required by 76-25-104, MCA held a public hearing on June 15, 2026, to
receive and review all written and oral testimony on the proposed amendments to Chapter 38,
BMC; and
WHEREAS, the Community Development Board considered an Ordinance declaring as
lawful, non-conforming uses those Type 2 STRs that were lawfully operating prior to the effective
date of the UDC Update. After considering all matters the Community Development Board
recommended an alternate solution to the Bozeman City Commission. The Board recommends
the City Commission adopt an Ordinance that allows Type 2 STRs as an accessory use in the RA
zoning district. This Ordinance was drafted to carry forward the recommendation of the
Community Development Board for consideration by the Bozeman City Commission on July 14,
2026; and
WHEREAS, after proper notice, the City Commission held a public hearing on July 14,
2026, to receive and review all written and oral testimony on this Ordinance; and
WHEREAS, the City Commission at its public hearing on July 14,2026, considered all
relevant materials submitted by the public, the recommendation of the Community
Development Board, and the proposed Ordinance; and
WHEREAS, the City Commission has reviewed and considered the applicable criteria for
adoption of land use regulations established in Montana Code Annotated §§76-25, the Montana
Land Use Planning Act and found this Ordinance is in compliance with the criteria.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
Section 38.300.020 – Allowed use table is amended to read as follows with all other elements
of the section remaining as written. Edits are shown with the “–“ in the first column for the RA
zoning district being struck through next to Short Term Rentals Type 2 and replaced with “A” as
indicated with an underline as shown below:
Sec. 38.300.020. - Allowed use table.
Use
RESDIDENTIAL COMMERCIAL & MIXED USE INDUSTRIAL
Use Standard R-A R-B R-C R-D B-1 B-2 B-2M B-3 B-3C REMU NEHMU B-P M-1 M-2 PLI Accessory
Short term rental
Type 1* A A A A — A A A A A A — — — — 38.320.060.B
Type 2* —A A A A — A A A A A A — — — — 38.320.060.B
KEY P = Permitted as a principal use A = Permitted as an accessory use;
S = Special use approval required * = Use standards apply — = Use Not allowed
Section 2
Authority to Implement.
The Bozeman City Attorney is hereby authorized to take any action necessary to conform
the Bozeman Municipal Code to Section 1. The Director of Community Development may adopt
rules or an administrative interpretation to implement the provisions of Section 1.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
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Section 4
Savings Provision.
This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this Ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
Section 1 shall amend the existing code and be codified as indicated in this Ordinance.
Section 7
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
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PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the 14th day of July, 2026.
____________________________________
JOEY MORRISON
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
100
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
JOEY MORRISON
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Page 1 of 11
26307 Project Report for the City of Bozeman Housekeeping Amendments 1-
STR
Public Hearings:
Community Development Board – June 15, 2026
City Commission – July 14, 2026
Project Description: Amend the Bozeman Municipal Code (BMC) Chapter 38 to address
legacy short term rentals in the RA zoning district.
Project Location: The proposed ordinance is applicable city-wide in the RA zoning district
per Chapter 38 – Unified Development Code (UDC).
Recommendation: Meets applicable criteria for approval.
Community Development Board Motion: Having reviewed and considered the Project
report, draft ordinances, public comment, and all information presented, I hereby
adopt the findings presented in the Project report for application 26307 and move to
recommend approval of the amendments including to allow type 2 short term rentals
in in the RA zone rather than grandfather those in.
City Commission Recommended Motion: Having reviewed and considered the Project
report, draft ordinances, public comment, recommendation from the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the Short Term Rental project report for application 26307 and move to
provisionally adopt {Ordinance Alternative 1 or Alternative 2}.
Report: June 23, 2026
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action – Legislative
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 2
Project Summary ................................................................................................................. 2
Unresolved Issues ............................................................................................................... 3
Public Comment.................................................................................................................. 3
Community Development Board ........................................................................................ 3
Alternatives ......................................................................................................................... 4
SECTION 1 - MAPS ................................................................................................................ 5
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 6
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS - ZONING .... 6
Section 76-25-304, MCA Zoning Regulations Criteria ...................................................... 7
APPENDIX A - NOTICING AND PUBLIC COMMENT .................................................... 11
APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF .................... 11
FISCAL EFFECTS ................................................................................................................. 11
ATTACHMENTS ................................................................................................................... 11
EXECUTIVE SUMMARY
This report is based on the proposed ordinance text and public comment received to date.
Project Summary
The City adopted new development regulations in December 2026. Two time sensitive
necessary corrections have been identified. First, legacy short term rentals (STR) which is the
topic of this report. During the development of the new land development regulations several
zoning districts were combined. This consolidation timing overlapped with updates to the
STR regulations in 2023 by Ordinance 2149. The merging of the two ordinances had an
unintended outcome in the new RA district that caused some STR to become non-
conforming. For a map of RA district locations in the City, see Section 1 of this report. State
law and local code protect lawfully established non-conforming uses. The proposed STR
ordinance provides additional clarity on the management of non-conforming STR.
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Second, motor vehicle parking in the B-3 zoning district which is addressed in a different
report and ordinance.
The City Commission authorized the review of the code amendments on May 12, 2026. This
report is focused on the amendments addressing the STR Type 2 issue. The amendments
were separated into separate actions on B3 parking and legacy STR Type 2.
The staff drafted an ordinance for public review and comment which addressed how to
procedurally manage the non-conforming status of STR Type 2 in RA. The Community
Development Board at their public hearing suggested an alternate approach, see below for
more details.
Due to the very different findings and amendments required to implement the two
alternatives a separate ordinance transmitting the revisions to implement the Community
Development Board’s recommendation was prepared. The Commission must choose which
alternative they wish to pursue and then adopt the applicable alternative ordinance.
Unresolved Issues
One ordinance for STR as written is focusing on addressing non-conforming STR in the RA
district. The RA district does not presently allow Type 2 STR. The ordinance for STR as
written provides for non-conforming protection for STR applications received prior to the
effective date of the ordinance being considered at this time. An alternative would be to set
the beginning of protection for only those applications received prior to the February 1, 2026
effective date of the UDC.
The Community Development Board recommended that Short Term Rentals, Type 2 be
allowed as accessory uses in the RA district at their public hearing on June 15, 2026. Should
the Commission accept this alternative then STR Type 2 will no longer be non-conforming.
Public Comment
Written public comment will be archived and available through the project folder in the
City’s Laserfiche archive. Comments provided orally at public meetings will be available
through the recordings of those public meetings. Links to recordings of meetings will be
added to this report as the review of the project moves forward. No public comment has been
provided as of the date this report was written.
Community Development Board
The Community Development Board (CDB) conducted a public hearing on June 15, 2026;
considering the draft document and public comments, and reviewing the required criteria for
decision. After deliberation the CDB recommended that the ordinance be amended to
authorize Short Term Rental, Type 2 be added to Table 38.300.020 as an Accessory Use in
the RA district. Discussion of the amendments begins at 14:45 in the linked recording.
Motion and discussion on the motion begins at 55:23 in the recording. The recommendation
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passed 4-0 in favor with an amendment to the main motion supporting the language on non-
conforming uses to also add support for including STR Type 2 in RA as an accessory use.
The Board considered that the circumstances of very low housing vacancy rates which
informed earlier decisions on where short term rentals should be allowed had significantly
changed. They stated that it was better to allow the opportunity, within the requirements of
the use standards, for landowners to determine when it was desirable to have or not have an
STR. The revised standards with increased emphasis on Type 2 primary residency was
influential. They discussed that the merger of districts during the Unified Development Code
update that created the RA district had generally increased allowance for use in the district
and that it was consistent with this approach to also allow the RA district to have STR Type
2. STR Type 1 are already allowed in the RA district.
If the Commission chooses to not amend the use table to allow STR Type 2 in RA then they
agree with the suggested wording alternative to allow lawful non-conforming STR Type 2 to
continue and that the timing of this allowance should be connected to the effective date of the
proposed ordinance.
Staff concurs with the recommendation of the Community Development Board.
Alternatives
The City Commission has the following alternatives in deciding on the proposed
amendments.
1. Select a preferred alternative approach and adopt the applicable ordinance as
presented;
2. Direct revisions to the ordinance prior to adoption;
3. Do not adopt the ordinances; or
4. Request additional information and continue discussion on the ordinances.
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SECTION 1 - MAPS
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SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for a text amendment, the Staff finds the amendments
meet the minimum criteria for approval as proposed.
The Community Development Board in their capacity as the Planning Commission held a public
hearing on June 15, 2026, at 6 pm. The recording of the hearing is available online. Discussion
of the text amendment begins at 14:00 minutes in the recording, presentation by Staff regarding
STR begins at 17:45 minutes in the recording, Motion and discussion on the motion begins at
55:23 in the recording.
The City Commission will hold a public hearing on the text amendment on July 14, 2026, at 6:00
p.m. and decide whether the proposed amendments should be adopted or not.
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS -
ZONING
In considering applications for amendment approval under this title, the advisory boards and City
Commission must consider the following criteria per MCA 76-25-304.2.c-2.d. As an amendment
is a legislative action, the Commission has broad latitude to determine a policy direction.
A zone text amendment must be in accordance with the land use plan (criteria 2.c), accommodate
needed housing types (criteria 2.c.i), contain five or more specific strategies to encourage
development of housing (criteria 2.c.ii), reflect allowable uses and densities adequate to be
served by public services (criteria 2.c.iii), allow sufficient area for existing, new or expanding
commercial and industrial uses (criteria 2.c.iv), protect, minimize or avoid impacts and dangers
to the natural environment (criteria 2.c.v-2.c.vii), and preliminary determine whether the
amendment results in new or increased impacts to local facilities, services, natural resources,
natural environment, or natural hazards previously analyzed in the assessment of the land use
plan. Therefore, to approve a zone text amendment, the Commission must find that Criteria 2.c-
2.d are met.
In determining whether the criteria and guidelines under state law are met, Staff considers the
entire body of plans and regulations for land use and development. Standards which prevent or
mitigate negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code. Division 38.770 of the UDC contains the
process for completing text amendments and references the specific criteria of MCA 76-25-
304(2) listed previously. The proposed text amendment follows all public hearing and notice
requirements outlined within BMC 38.770.030.
The existing municipal code provisions addressing related topics to the Housekeeping
Amendments 1 were, at the time of adoption, found to satisfy all the required criteria. As such,
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the focus of this report is only on the amendments proposed. Unless shown as being edited in the
draft ordinance, all existing standards stay as currently adopted. Where a finding of neutral is
presented, it represents that the criteria or guideline has been considered and the change does not
materially advance or detract from compliance. Therefore, a finding of neutral is not necessarily
an indication of a deficiency in the proposed amendments or the existing standards.
Section 76-25-304, MCA Zoning Regulations Criteria
Zoning regulations must:
2.c. Be in substantial compliance with the land use plan.
Yes, the criterion is met. Both alternative proposed amendments are in substantial
compliance with the growth policy. One alternative causes STR Type 2 in RA to no longer
be non-conforming by making them an allowed use. The other provides procedures for
managing non-conforming STR Type 2 in RA but does not change their status as allowed
use. Either alternative resolves the uncertainty regarding this type of use which would be one
of 36 special, principal, or accessory uses in the RA district.
As the growth policy provides a high-level vision and direction of how a community hopes
to develop over time, it does not dictate uses or specific standards to the level of detail
contained in this ordinance. However, it does identify issues and priorities for consideration
with specific goals and objectives that are desired outcomes.
The Bozeman Community Plan 2025 (BCP2025), adopted in November 2025, establishes the
City’s policies for growth and regulation of land uses and development. It continues concepts
and community priorities that were established in several prior growth policies and exactly
carried forward goals and objectives initially adopted in 2020. Prior growth policies
encouraged creation of development standards that supported predictable review processes
and addressed areas of community concerns.
The following relevant goals and objectives included in the BCP2025 are supported by either
alternative proposed amendments. As such, the draft ordinance includes specific standards
that are in accordance with the BCP2025 and referenced below.
DCD-4.1 Implement a regulatory environment that supports the Community Plan goals:
Ensure that the Planning Department is supported with the resources required to
effectively implement this plan, to dedicate staff to long range and regional planning
efforts, and to process development applications expeditiously.
The correction relating to short term rentals is to resolve a conflict for non-conforming
situations for existing short term rentals in the RA district. The initial findings relating to
land use plan compliance contained in the ordinances which updated the overall regulatory
structure for short term rentals remain applicable. The inclusion of STR Type 2 as an
accessory use in the RA district will reduce administrative requirements in tracking non-
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conforming uses and simplify review and decision on individual STR permits. Links to the
two staff reports follow.
Ordinance 2131
Ordinance 2149
No element of either of the proposed ordinance alternatives affects the future land use map as
the process amendments do not change land use designations or zoning district boundaries.
Therefore, no analysis of correspondence to the future land use map is provided.
2.c.i. Accommodates the projected needed housing types identified in 76-25-206.
Criterion is met. The proposed amendments do not apply to this criterion. The City’s
standards regarding accommodating housing types are established through the City’s zoning
districts, which are not changed with these amendments. The proposed amendments do not
change types of housing allowed in individual zoning districts, nor do they amend the zoning
map. Short term rentals are an accessory use of otherwise approved dwellings. As an
accessory use, they do not alter the number or type of housing provided. Dwellings may not
be diverted to full time STR use. Therefore, there is no change to the project number of
dwellings needed, types of housing authorized, or standards for construction of housing.
The recent adoption of the City of Bozeman’s Unified Development Code in December 2025
was, at the time of adoption, found to satisfy the required criteria. Therefore, considering the
code as a whole, the standards listed in this criterion are not being changed with these
amendments and the criterion continues to be met.
2.c.ii. Contains five or more specific strategies from 76-25-302 to encourage the
development of housing within the jurisdiction.
Criterion is met. The proposed amendments do not apply to this criterion. The City’s
authorization of housing types is established through the City’s zoning districts, which are
not changed with these amendments. The proposed amendments do not change principal or
special uses allowed in individual zoning districts, nor do they amend the zoning map. Short
term rentals remain an accessory use. Short term rentals are only authorized with an annual
permit. If a person does not renew the permit then it expires and use of the dwelling for STR
must stop. Short term rentals require that a dwelling be the primary dwelling of the person
seeking the permit. Only in limited circumstances can a dwelling be used as an STR for more
than 30% of the year.
The recent adoption of the City of Bozeman’s Unified Development Code in December 2025
was, at the time of adoption, found to satisfy the required criteria. Therefore, considering the
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code as a whole, the standards listed in this criterion are not being changed with these
amendments and therefore the criterion continues to be met.
2.c.iii. Reflects allowable uses and densities in areas that may be adequately served
by public safety, emergency, utility, transportation, education, and any other local
facilities or services identified by the local government in 76-25-207.
Criterion is met. Listed public services are not expected to be materially affected as the use
of property as an STR is an accessory use. Impacts of development are addressed with the
initial evaluation of the dwelling.
Impacts of accessory uses are expected to be minor. Evaluation of where dwellings are
allowed has been conducted with the overall code update and the impacts considered. The
STR-related amendments focus on the method of reviewing and processing existing non-
conforming STRs. Over time as property changes ownership or a license is not renewed per
38.320.060.B.8 it is expected that non-conforming STRs will terminate.
If the Commission determines it is better to allow STR Type 2 as an accessory use in RA
district, then the existing units will no longer be non-conforming, and those issues will be
resolved. Either way, the primary use as a dwelling will remain and demands for local
services will remain largely the same as at the time of initial development review.
No impacts on this criterion are expected from this amendment.
2.c.iv. Allows sufficient area for existing, new, or expanding commercial, industrial,
and institutional enterprises the local government has identified in 76-25-208 for
targeted economic growth in the jurisdiction.
Yes, the criterion is met. The proposed amendments do not modify the zoning map. The
zoning map approved by Ordinance 2151 on December 16, 2025, was found to meet this
criterion. The RA district is a primarily residential district. The proposed amendments do not
remove any commercial, industrial, or institutional enterprise from the table of uses.
Therefore, considering the code as a whole, the standards listed in this criterion are not being
changed with these amendments and therefore the criterion continues to be met.
2.c.v. Protects and maximizes the potential use of natural resources within the
area, as identified in 76-25-209.
Yes, the criterion is met. Standards for the protection of the ability to develop natural
resources are not being altered with this ordinance. The proposed amendments are not
expanding any area or intensity of development. Impacts on the natural resource subjects are
addressed at the time of site-specific development review. The standards listed within BMC
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38.610 and 38.620 or other relevant sections are not being changed with the proposed
amendments and therefore, this criterion continues to be met.
2.c.vi. Minimizes or avoids impacts to the natural environment within the area, as
identified in 76-25-209.
Yes, this criterion is met. Standards for the protection of natural resources are not being
altered with this ordinance. The existing municipal code contains specific permitting
processes which must be reviewed in compliance with all City regulations, including the
wetland and watercourse standards in Divisions 38.610 and 38.620 of the Bozeman
Municipal Code. The standards listed within BMC 38.610 and 38.620 are not being changed
with the proposed amendments and therefore, this criterion continues to be met.
2.c.vii. Avoids or minimizes dangers associated with natural hazards in the
jurisdiction, as identified in 76-25-209.
Yes, the criterion is met. The recent adoption of the City of Bozeman’s Unified Development
Code in December 2025 was, at the time of adoption, found to satisfy the required criteria.
No changes are proposed to the City regulations regarding the natural environment or natural
hazards, specifically BMC 38.610 and 38.620 regarding wetland and watercourse standards,
or BMC 38.600 Floodplain Regulations. Potential dangers associated with natural hazards
are identified and addressed at the time of site-specific development review through an
associated planning application and/or building permitting process.
2.d. Preliminarily determine whether the proposed zoning regulation, map, or
amendment results in new or increased impacts to or from local facilities, services,
natural resources, natural environment, or natural hazards from those previously
described and analyzed in the assessment conducted for the land use plan.
This criterion is met. One alternative amendment addresses procedures for managing non-
conforming STR. One alternative amendment may add an accessory use in one district. The
Commission will select one of the two alternatives. A short term rental is an accessory use of
a previously approved dwelling. Analysis of demands occurs during the review of the initial
development of the dwelling.
Neither proposed amendment results in new or increased impacts to local facilities or
services, natural resources, natural environments or natural hazards. The recent adoption of
the City of Bozeman’s Unified Development Code in December 2025 was, at the time of
adoption, found to satisfy the required criteria. Therefore, considering the code as a whole,
the standards listed in this criterion are not being changed with these amendments and
therefore the standard continues to be met.
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26307, Project Report for Housekeeping Amendments 1 Ordinance Page 11 of 11
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice for text amendments must meet the standards of BMC 38.730. Notice for text
amendments is by publication. Notice was published in the Bozeman Daily Chronicle on
5/23/2026, 6/06/2026, and a revised notice was published on 6/20/2026 and 6/27/2026. These
notices contain all required elements. Notice was provided at least 15 business days before
the public hearing conducted by the Community Development Board in their capacity as the
Planning Commission, and not more than 45 days prior to the City Commission public
hearing. Additional notice will be provided by inclusion of this item on agendas for the
Community Development Board and City Commission public hearings.
No public comments during the notice period regarding the proposed ordinance has
been received as of the date this report was written.
Sixteen public comments were submitted requesting the City Commission to address
the non-conforming status of Type 2 STR in the RA district before the Commission
gave direction for the amendment to be considered.
APPENDIX B - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman, MT 59771
Representative: Community Development, City of Bozeman, PO Box 1230, Bozeman, MT
59771
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
None at this time related to this Amendment.
ATTACHMENTS
The full application and file of record can be viewed digitally at the Community
Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at
https://www.bozeman.net/departments/community-development/planning/project-
information-portal, select the “Project Documents Folder” link and navigate to application
26307.
Project documents are available at this direct link to the public Laserfiche archive for
application 26307.
112
Memorandum
REPORT TO:City Commission
FROM:Mitch Overton, Director of Parks and Recreation
Alex Nordquest, Forestry Division Manager
SUBJECT:Special Presentation: 2026 Urban Forest Management Plan (Mid-Process
Update)
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:None
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:The City's current Urban Forest Management Plan (UFMP) was created in
2016 and presented a plan to "sustainably, holistically, and efficiently
manage Bozeman's urban forest to realize the full expanse of benefits urban
trees can provide." Ten years later, many of the goals and recommendations
from this UFMP have been accomplished and an updated plan is in progress.
The 2026 plan will build upon its predecessor's framework and serve as an
overarching guiding document for all Forestry Division operations, planning,
and public outreach through 2036. Essential components of this project
include: Analysis and recommendations regarding tree inventory
characteristics, canopy cover goals, staffing and equipment levels, contract
budgeting; Evaluation and guidance on integration with other city
departments, acceptance of contract tree installations, and assessment of
private property trees impacted by construction; Recommendations and
strategies to strengthen volunteer initiatives, address public concerns, and
expand community education/outreach efforts.
This project was included in the Forestry Division's FY25-26 Work Plan and
CIP budgeting; a Request for Proposals (RFP) was published in November
2025 detailing the desired scope for such an effort. DJ&A submitted a
compelling RFP and was chosen as the desired consultant through a Scoring
Committee.
Major accomplishments of the UFMP process thus far are summarized
below:
* Community Engagement Plan adopted by Urban Parks and Forestry Board
* Several "Coordination Meetings", involving urban forestry discussions with
other city departments completed
* One virtual and one in-person public meeting for UFMP involvement
completed; 2 additional public meetings scheduled for August 2026
113
* City Staff and Public surveys completed
* Draft Assessments of Tree Inventory, Canopy Data, Disaster & Emergency
Preparedness under review
* 3 out of 5 scheduled Urban Parks & Forestry Board Work Sessions
completed
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:The Urban Forest Management Plan is a CIP item allocated within the FY26
Forestry Division budget, at a total cost of $113,634.50. Carryover into the
FY27 budget year will occur, as the consultant is billing on a monthly basis
throughout plan development.
Attachments:
26.07.16 City Commission Mid-Process Update.pptx
Report compiled on: June 24, 2026
114
Cityof BozemanUrban
ForestManagement Plan
2026Update
MID-PROCESS COMMISSION UPDATE
TUESDAY, JULY 28
115
Overview
• Alex Nordquest (City of Bozeman): Forestry Division Manager
• Mitch Overton (City of Bozeman): Parks and Recreation
Department Manager
• Myla Kelly (DJ&A): Senior Advisor and Facilitator
• Josh Elliott (DJ&A): Project Manager
• Hannah Kuhns (DJ&A): Environmental Scientist, Certified
Arborist
• Matt Urmson (PlanIT Geo): Urban Forestry Planner, Certified
Arborist
Team Introductions
• Project Schedule
• Engagement Opportunities
• Staff Survey
• Public Survey
• Tree Inventory Analysis
• Next Steps
Mid-Process Update
116
Project Schedule
Phase 1: Project
Kickoff and Early
Planning
Phase 2: Public
Involvement and
Draft UFMP Update
Phase 3: Finalize
and Deliver UFMP
Early 2026 Spring – Summer 2026 Fall – Winter 2026
•Identify existing conditions,
goals, objectives, and
strategies
•Perform assessment of
staffing, equipment, budget,
policy, and code
•Tree infrastructure analysis
•Draft Community
Engagement Plan
•Draft UFMP outline
•Review tree infrastructure
data analysis
•Conduct internal staff survey
•Initiate public engagement
•Conduct public survey
•Develop draft UFMP
•Public open house and
comment period
•Synthesize public
comments
•Develop
recommendations
•Finalize UFMP
•Present UFMP to the
City Commission
117
Work Sessions
Work
Session 1
Thursday, March 26
Introduce project
and process
Review CEP
Work
Session 2
Thursday, April 23
Review UFMP
Outline
Review
components for
plan update
Work
Session 3
Thursday, June 25
Review public
survey feedback
Present
preliminary data
analysis
Work
Session 4
Thursday, July 23
Review Board
feedback on
Preliminary Draft UFMP
Work
Session 5
Thursday, September 24
Review updates
to UFMP after
public comment
Final review prior
to presentation to
Commission
118
Public Engagement Meetings
Virtual Public
Meeting
Tuesday, April 28
Present
Background Project
Information
Call for
Engagement
In-Person
Public Meeting
Monday, May 18
Present UFMP Outline
Initiate Public
Survey
Virtual Public
Meeting
Monday, August
10
Present Draft UFMP
In-Person
Public Meeting
Monday, August
31
Review and Discuss Draft
UFMP
Public Survey Period
Monday, May 18 – Monday, June 8
Public Comment Period
Monday, August 10 – Tuesday, September 8
119
Community Engagement Plan
Engage Bozeman project page
Work Sessions (5) during regular Urban Parks and Forestry Board monthly
meetings
Four project-specific meeting opportunities for public engagement
• Public survey and public comment period
Two engagement opportunities with the City Commission
• Mid-process update
• Presentation of final UFMP for approval and adoption
120
Staff Survey: Initiation
Follow-up
conversations
with specific individuals
including asset
management, city manager
office, and
more
Ongoing
communication
through Alex with
the Forestry Division
17 Participants
across 11
Departments and Divisions
March 27 – April 23
Distributed to approximately 23 individuals across multiple departments and divisions
Asset Management
City Manager Office
Community Development Department
Engineering Division
Forestry Division
GIS Division
Parks and Recreation Department
Parks Division
Stormwater Division
Streets Division
Water Conservation Division
121
Staff Survey:
Results
Increased public awareness, coordination, and education
◦Urban forest vs. individual trees
Tree planting and maintenance
◦Clearer metrics to guide planting efforts, especially in parks
◦Further discussion/synthesis between Forestry and Parks
Divisions to delineate responsibilities for street trees vs. park
trees
Inter-departmental coordination
◦Opportunity for increased education amongst collaborating
departments to educate City staff about urban forest
management and tree maintenance responsibilities
◦Synergy/collaboration between Forestry Division and Parks
Division
Policy updates
◦Identify areas for code enforcement and responsible parties
◦Clarify strategy for private tree management, including existing
homeowners and new development
122
Public Survey: Initiation and Response
38 survey questions
137 participants, with an average of 117 responses per question
Majority (55%) of respondents have lived in Bozeman for over 20 years
>70% of respondents are homeowners
Majority of respondents are over 55 years of age
May 18 – June 8
Hosted on project’s Engage Bozeman page with notifications posted on social media and
sent via email
Ongoing opportunities to reach out to other demographics not substantially present in the
survey results throughout the remainder of update/engagement process
123
Public Survey: Key Takeaways
Maintain existing trees while increasing new tree
plantings
Concern about removal of mature trees
Acknowledgement that planting one tree does not
immediately equate to the benefits a removed mature tree
provided
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124
Public Survey: Key Takeaways
Split opinion on City involvement with private trees
Some participants are interested in City support through permitting for private trees
Other participants are opposed to City interference with private trees
In general, there is a desire for increased education regarding care for private trees
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125
Public Survey: Key Takeaways
Species selection considerations
Participants would like to see increased species diversity
and native species selection in Bozeman’s urban forest
Many participants noted the importance of diversity in
species selection for wildlife habitat and to support
pollinators
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126
Public Survey: Key Takeaways
Desire for tree maintenance education
Tree pruning and general tree maintenance
General, mild interest in contributing to volunteer activities across Bozeman associated
with maintaining the health of the urban forest
Interest in attending a free education class about tree care
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127
Preliminary Data
Review:
Tree Inventory
Urban forest is relatively young:
59% are 0-6" DSH (diameter at
standard height)
Most trees are in functional
condition: 75% Good or Fair
Key diversity concern:
Ash = 22% of public trees
128
Preliminary Data Review: Tree
Canopy Cover
Current canopy estimate: approximately 10-12%
Recommended technical baseline: 9.8%
Significant plantable space, but implementation capacity is the constraint
Recommended goal: 12% canopy cover over 20 years
129
Preliminary Data Review: Tree Infrastructure
Recommendations and Expected Outcomes
Continue strengthening inventory
updates, work tracking, and
interdepartmental coordination
Formalize risk-based maintenance
categories
Align pruning cycles with
recommended industry standards
Increase pruning capacity for proactive
maintenance
130
Preliminary Data Review: Insects, Disease, and
Pests
Emerald ash borer is the highest-
consequence pest threat
Ash = 22% of public trees
Other concerns: Dutch elm disease,
spruce beetle, western spruce
budworm, large aspen tortrix
Strategy: monitor, diversify, preserve
high-value trees, and phase risk reduction
A recommended goal for Bozeman’s management of the ash population is to reduce ash to 10% or less of the publicly managed tree population over 10 years through phased removals and replacement planting.
131
Next Steps
Review in progress for Preliminary Draft UFMP
◦City staff
◦Urban Parks and Forestry Board
Re-engage the public in August with the Draft UFMP
◦Two public meetings
◦Public comment period from August 10 – September 8
Finalize the UFMP
◦Final presentation of UFMP to Board prior to City
Commission review in October/November
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132
Thank you, no formal decision required
Questions / Discussion
133
Memorandum
REPORT TO:City Commission
FROM:Joe Swanson, Deputy Police Chief
SUBJECT:Kennel License Revocation Appeal: Katherine Miller, 3309 Fieldstone Drive
West
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Upon hearing the information presented and considering the code, decide to
uphold the City's revocation of the kennel license or reinstate the kennel
license.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:
Pursuant to the Bozeman Municipal Code Section 8.02.050 anyone living in
the city and having more than two cats or more than two dogs (over 6
months of age) must obtain a kennel license from the City. To approve a
kennel license the Chief of Police (delegating authority to the Animal Control
division) must find the following:
1. That all animals listed on the kennel license application possess
current city pet licenses;
2. That the site for the proposed use is adequate in size and topography
to accommodate such use, and all yards, spaces, fences and
enclosures are adequate to properly relate such use with the land and
uses in the vicinity;
3. That the proposed use will have no adverse affect on abutting
properties or residents within the affected area; and
4. That any conditions stated in the approval are deemed necessary and
shall apply and be followed by the applicant and the property owner
as a condition of approval.
Notice of a kennel application is required to be provided to all owners of real
property within 200 feet of the site of the proposed kennel within 15 days of
the application being submitted and prior to the final application being
approved.
134
On February 6, 2026, Animal Control received a report of 13 dogs living at
3309 Fieldstone Drive West and concerns over the conditions of the
animals. Animal Control Officer (ACO) Ewing contacted Katherine Miller, the
owner of the property, who acknowledged owning approximately nine dogs
and indicated she was attempting to rehome others. At the time, Ms. Miller
would not allow Animal Control inside her home to observe the condition or
number of dogs. Ms. Miller was advised of the requirement to obtain a
kennel license for anything more than two dogs.
On February 18, 2026, Ms. Miller applied for a kennel license via the City of
Bozeman’s online licensing portal for 13 dogs indicating the purpose for the
license was for “dog sledding & fostering”. That same day, ACO Ewing
inspected the property. ACO Ewing noted in her inspection report that the
home was found to be relatively clean, and the dogs appeared healthy,
though a strong chemical odor was present and the backyard could not be
fully inspected due to dog behavior. ACO Ewing noted that Miller gave some
inconsistent information about her animals when questioned.
The issuance of a kennel license requires actions by both Animal Control and
the Finance Department. Finance reviews to make sure all pets are currently
licensed and uploads the required notices to neighboring property. Animal
Control does the site inspection and addresses any conditions of approval.
Ultimately an approved kennel license is mailed to the Applicant by Finance.
In this case there were sequencing issues related to these tasks and the
kennel license was issued and mailed on February 20, two days after the
application was received. It is unclear when notices to neighboring
properties were received, but the short time between application to the
issuance of the license did not provide an opportunity for comment by
potentially affected properties. Considering the mistake on the City’s end
related to the of timing of the issuance of the kennel license, the City erred
on the side of the applicant and the kennel license went into effect.
Between February 20 and February 26, 2026, Animal Control received
complaints about Ms. Miller’s dogs and residence. These included concerns
about excessive numbers of dogs and poor sanitation. Additionally,
neighbors presumably acting on the notice they received, provided a history
of issues prior to the issuance of the license, including flies, odor, aggressive
behavior, and feces accumulation over the preceding year. Information was
also obtained that some of the dogs were required to be spayed/neutered
as part of a fostering/rehoming program and were not.
135
Between March 1 through March 5, 2026, additional complaints related to
feces accumulation at 3309 Fieldstone Dr W were submitted to Animal
Control. Based on the repeated complaints and impact to the neighbors,
ACO Ewing provided Ms. Miller a 72-hour notice of the impending revocation
of her kennel license per BMC 8.02.050 (D) on March 10, 2026. The code
allows for revocation if conditions exist that would preclude the issuance of
the license, in this instance, adverse impacts to abutting properties and
neighborhood. The kennel license was revoked on March 13, 2026.
BMC 8.02.050 (D) permits the City to allow the applicant to remedy the
conditions that resulted in the revocation within 15 days. A scheduled
reinspection of Miller’s residence occurred on March 27, 2026, and found
eleven dogs were present. ACO Ewing noted improvements had been made
to yard fencing and waste removal, though flies were still present and
chemical odors remained present. Based on the continued sanitation issues
and adverse impacts to the abutting properties, it was determined the
kennel license would not be reinstated. Miller was provided thirty days to
comply with the city code (reducing the number to 2 dogs) or to consider
reapplying for a new kennel license with a reduced, more manageable,
number of dogs. To date Ms. Miller has not reapplied for a new kennel
license and continues to have anywhere from 9 to 13 dogs at the property to
the best of the City's knowledge. The City has been actively working to reach
a reasonable resolution with Ms. Miller but to date the matter remains
unresolved.
On June 11, 2026, Ms. Miller informed the City she would like to appeal the
revocation of her kennel license and seek for it to be reinstated. By code,
the City Commission hears all kennel license appeals. The decision before
the City Commission is whether to uphold the City’s revocation of the kennel
license; overturn the revocation and reinstate the license as originally
submitted; or approve a kennel license with conditions imposed by the
Commission.
UNRESOLVED ISSUES:Getting the property into compliance with either an approved kennel license
with appropriate conditions of approval or taking enforcement action if the
revocation is upheld.
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:None apart from staff time.
Attachments:
06-11-26 Fwd_ Kennel License Appeal.pdf
136
Report compiled on: July 15, 2026
137
From:Katherine Miller
To:Bozeman City Clerks Department
Subject:[EXTERNAL]Fwd: Kennel License Appeal
Date:Thursday, June 11, 2026 1:34:06 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
---------- Forwarded message ---------
From: Katherine Miller <katherinemiller3777@gmail.com>Date: Thu, Jun 11, 2026 at 1:24 PM
Subject: Kennel License AppealTo: <darnado@bozeman.net>
To: Office of the City Clerk, City of Bozeman
CC: Finance Department (Attn: Melissa Hodnett, Finance Director); Bozeman
Animal Control
RE: Notice of Administrative Appeal – Kennel License Revocation
License Holder: Katherine Miller
Property Address: 3309 Fieldstone Dr W
Kennel License Number: [License Number]
Date of Revocation Notice: June 11 2026
To the City Clerk and Reviewing Authority:
Please accept this email as my formal Notice of Appeal regarding the City of
Bozeman’s decision to revoke my kennel license for the above-referenced property.
I respectfully request review of this decision because I believe the revocation was
based upon incomplete, inaccurate, and disputed information that does notaccurately reflect the conditions, operations, or compliance status of my kennel
facility.
The kennel has remained structurally compliant and has been operated with
ongoing attention to animal welfare, sanitation, and public safety. I dispute thefactual basis relied upon in support of the revocation and request the opportunity to
present evidence demonstrating compliance with applicable requirements.
Grounds for Appeal
1. Disputed Factual Allegations
The complaints and information relied upon by the City contain factual assertions
that I believe are inaccurate or incomplete. I intend to present documentation and
138
testimony addressing these allegations and clarifying the actual conditions at the
property.
2. Incomplete Consideration of Relevant Evidence
The revocation decision appears to have been made without consideration ofavailable evidence regarding kennel operations, animal care practices, veterinary
records, property maintenance, and other relevant information demonstrating
compliance.
3. Request for Full Evidentiary Review
Because the revocation has significant impacts on my ability to care for and
manage the animals at my property, I request a full administrative review in which
all relevant evidence may be presented and considered.
Requested Relief
I respectfully request:
• An administrative hearing before the appropriate reviewing authority;
• A complete copy of all records, complaints, photographs, inspection reports,
witness statements, correspondence, and other materials relied upon in reachingthe revocation decision;
• The opportunity to present documentary evidence, witness testimony, veterinary
records, photographs, and other relevant information;
• A stay of enforcement of the revocation pending completion of the appeal process,if permitted by applicable law or policy; and
• Reinstatement of the kennel license upon completion of the review process.
Please direct all future correspondence regarding this matter to the contact
information below.
Thank you for your consideration.
Sincerely,
Katherine Miller
139
Memorandum
REPORT TO:City Commission
FROM:Rebecca Harbage, Deputy Director of Community Development
Erin George, Director of Community Development
SUBJECT:Landmark Program and Neighborhood Conservation Overlay District (NCOD)
Design Standards Project Updates and Discussion
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Receive updates from staff and provide direction on next steps
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The City continues to work on updating its Historic Preservation Program,
including two projects which have been running concurrently: the Landmark
Project and an update to the Neighborhood Conservation Overlay District
(NCOD) Design Guidelines.
The Landmark Project began in 2023 with an original goal of creating a Local
Landmark Program to recognize buildings, sites or districts with local historic
or cultural significance that may not meet the criteria to be listed on the
National Register. The project scope also included revisions to Municipal
Code section 38.240.020, relating to certificates of appropriateness (COA),
demolition, and deviations. The City hired a consultant, Community Planning
Collaborative to assist with the project. Community engagement efforts took
place in summer 2024 and a Phase I Policy Report was adopted by City
Commission in May 2025, which included specific recommendations for
Phase II. These recommendations included guidance for necessary code
changes, and recommended an overhaul of the NCOD Design Guidelines.
Since that time, the project team have been discussing portions of the
potential code changes with the Historic Preservation Advisory Board and
making progress towards a draft ordinance.
The NCOD Design Guidelines were originally adopted in 2006 to help staff
and applicants understand and apply the US Secretary of the Interior (SOI)
Standards for Treatment of Historic Properties. The SOI Standards were
updated in their entirety in 2017. Bozeman's Guidelines remain unchanged
since 2006, aside from an added chapter regarding the B3 district in 2015.
140
Late last year, the City began a comprehensive update of the Guidelines to
update out-of-date information, improve clarity, strengthen vague
statements and ensure the Guidelines appropriately balance national best
practices with local goals. A separate consultant, The Lakota Group was hired
to assist. Community engagement efforts took place in spring 2026 and a
summary was presented to HPAB at their July 15th meeting and posted on
the project's Engage page. Unfortunately due to unprofessional conduct, the
City recently terminated the contract with The Lakota Group.
During this work session, staff will update City Commission on progress to
date for both projects, discuss input from the community and HPAB, and
receive Commission direction on scope, timing and next steps for both
projects.
UNRESOLVED ISSUES:Next steps, updated direction and timing for Landmark and NCOD projects
ALTERNATIVES:To be determined by City Commission
FISCAL EFFECTS:Funding for both projects was included in the FY26 budget and carried over
into the FY27 budget
Report compiled on: July 20, 2026
141
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Chris Saunders, Community Development Manager
SUBJECT:Appointments to the Downtown Business Improvement Board
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to re-appoint Eric Bowman to the Downtown
Business Improvement District Board for a term ending June 30, 2030.
AND
I move to appoint Erik Nelson as the Chair and Ileana Indreland as the Vice-
chair
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 Downtown Business Improvement Board has oneMayoral appointed
position available due to the expiration of a term. The new term will expire
on June 30, 2030.
The City Clerks' Office posted the notice of positions online and ran a legal
ad in the Bozeman Daily Chronicle. Applications were open and accepted
with first review of applicants occurring after June 21, 2026. One re-
application was received.
The roles of Chair and Vice-chair will also need to be designated for the
upcoming term.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:None
Attachments:
Eric Bowman Application for Commission Agenda.pdf
Report compiled on: July 18, 2025
142
143
Submit Date: Jun 01, 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?
Bozeman Downtown Business Improvement District Board: Appointed
How did you hear about this Board/Commission or vacancy?
CURRENTLY SERVING
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?
DBID BOARD - 20 YEARS?
Eric Bowman
Bozeman MT 59718
OWENHOUSE ACEHARDWARE PRESIDENT RETAIL
Eric Bowman Page 1 of 3144
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I've served on the board for somewhere close to 20 years including the last 10 or so as board
chair. Additionally I'm a downtown property owner and business owner for 20+ 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.
My understanding of the plan is limited to having just reading the resolution. I generally
agree with the proposed elements, however it has not come up in BID business over the last
3 years since it was adopted.
References
Reference #1 Full Name
Douglas Fisher
Relationship to Reference
Former BID board liason for the city
Phone Number
Email
Confirm Email
Reference #2 Full Name
Emily Cope
Relationship to Reference
BID Programs Director
Phone
Eric Bowman Page 2 of 3145
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.
Eric Bowman Page 3 of 3146
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Chris Saunders, Community Development Manager
SUBJECT:Appointments to the Downtown Urban Renewal Board
MEETING DATE:July 28, 2026
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint up to three Bozeman Citizen
members to the Downtown Urban Renewal Board for terms ending June 30,
2029.
AND
I move to appoint Ryan Finn as the Gallatin County Representative
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 Downtown Urban Renewal Board has three Mayoral appointed positions
available due to the expiration of terms. The new terms will expire on June
30, 2029.
The City Clerks' Office posted the notice of positions online and ran a legal
ad in the Bozeman Daily Chronicle. Applications were open and accepted
with first review occurring on June 21, 2026.
All three applications received were reappointments.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:None
Attachments:
DURD Applications for Commission Agenda.pdf
Report compiled on: December 2, 2024
147
Submit Date: Jul 08, 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?
Downtown Area Urban Renewal District Board: Submitted
How did you hear about this Board/Commission or vacancy?
I currently sit 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? *
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?
Downtown URD
Amy C Horton
Bozeman MT 59718
Hotel Baxter General Manager Hospitality
Amy C Horton 148
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I manage the real estate and hospitality businesses at the Baxter, provide oversight at other
properties in the valley, and am a partner in two businesses. I have worked with a wide
variety of companies and individuals including locals and tourists in wedding and events,
tenants and owners in property management, residential and commercial construction
projects, and collaborated with nonprofits all with a commitment to preserve downtown and
make a positive impact in the Bozeman community. I have served on a diverse collection of
committees, including the Bozeman Chamber, Bozeman BPW, MSU - Chi Omega, One
Valley’s 1st Giving Circle - WWW, Prospera Business Network & Montana Women's Business
Center, and the Gallatin County Licensed Beverage Association. Serving in a leadership role
in these various organizations has allowed me to work alongside individuals with varying
socioeconomic backgrounds, personal values, and community expectations. I have spent
years interacting with and developing relationships with tenants, customers, residents,
businesses, and neighbors, who provide me with excellent insight and perspective. All
companies and neighbors within the Baxter, Downtown, and the surrounding neighborhoods
are heavily impacted by the work and policies of the DURD. I look forward to the possibility of
serving on the DURD again and assisting in maintaining the vitality of Downtown Bozeman,
the City of Bozeman, and the Gallatin Valley.
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.
Members of the board should support and contribute to the commitments made by the City
of Bozeman City Commission to ensure that all residents, visitors, and City employees can
thrive regardless of their race, identity, or life circumstance. In addition, members and the
board should consider the outlined vision statements when making its goals and budgets
each year.
References
Reference #1 Full Name
David Loseff
Relationship to Reference
Employer
Phone Number
Email
Amy C Horton 149
Confirm Email
Reference #2 Full Name
Ellie Staley
Relationship to Reference
Downtown URD
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.
Amy C Horton 150
Submit Date: Jun 03, 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?
Downtown Area Urban Renewal District Board: Submitted
How did you hear about this Board/Commission or vacancy?
I am an existing board member
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?
Downtown Bozeman Urban Renewal Board
John How
Bozeman MT 59715
Montana State University Associate Vice President Facilities Management
John How 151
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I am a certified urban planner through the American Institute of Certified Planners (AICP) and
have more than 20+ years in urban planning working in downtown environments. I
previously served approximately two years on the DURD and loved the experience. It
provided me an opportunity to make lasting impact in our community through helping direct
funding and decisions to support our local downtown economy through infrastructure
improvements, grants to support local businesses and to provide an ongoing vision for
DURD's role to enhance the downtown experience.
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 understand we want a welcoming, inclusive and diverse community to benefit the long-term
vitality of our community. As it relates to implementing the plan, I believe the DURD's
responsibility is to help foster a welcoming environment through the work we do to support
the Belonging in Bozeman Plan where feasible.
References
Reference #1 Full Name
Terry Leist
Relationship to Reference
Supervisor
Phone Number
Email
Confirm Email
Reference #2 Full Name
Megan Lasso
Relationship to Reference
Co-Worker
John How 152
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 How 153
Submit Date: Apr 20, 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?
Downtown Area Urban Renewal District Board: Submitted
How did you hear about this Board/Commission or vacancy?
Renewing current position
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?
DURD board
Sky Cook
Bozeman MT 59718
Cushing Terrell Architect Architect
Sky Cook 154
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
See past application responses
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.
See past application responses
References
Reference #1 Full Name
See past application responses
Relationship to Reference
See past application responses
Phone Number
Email
Confirm Email
Reference #2 Full Name
See past application responses
Relationship to Reference
See past application responses
Phone
Sky Cook 155
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.
Sky Cook 156