HomeMy WebLinkAbout26 - Professional Services Agreements - Pioneer Technical Services Inc. - Downtown Urban Renewal DistrictVersion 12.30.25
Professional Services Agreement for Downtown URD Expansion 2026 Page 1 of 14
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 2nd day of June, 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, Pioneer Technical Services Inc., 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 2nd day of June, 2027, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor $32,500.00. 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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5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor represents and warrants:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress, or performance of the Scope of Services.
b. Contractor has the experience and ability to perform the services required by this
Agreement.
c. Contractor will perform the services in a professional, competent, and timely manner
and with diligence and skill.
d. Contractor has the power to enter into and perform this Agreement.
e. Contractor’s performance of this Agreement must not infringe upon or violate the
rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or
any other rights of any nature whatsoever, or violate any federal, state, and municipal laws.
Contractor agrees City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status: The Parties agree that Contractor is an independent
contractor for purposes of this Agreement and is not to be considered an employee of City for any
purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook
and is not considered a City employee for workers’ compensation or any other purpose. Contractor
is not authorized to represent City or otherwise bind City in any dealings between Contractor and any
third Parties.
Contractor must comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor must maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor must furnish City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
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compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
7. Labor Relations: If any labor problems or disputes arise during this Agreement,
which cause any services to cease for any period of time, Contractor agrees to take immediate steps
in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate
or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action.
Contractor must provide immediate relief to City so as to permit the services to continue at no
additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor
disputes between Contractor and any subcontractors or third Parties.
8. Indemnity: For other than professional services rendered, to the fullest extent
permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its
agents, representatives, employees, and officers (collectively referred to for purposes of this Section
as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s
fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including
liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature
connected therewith and without limit and without regard to the cause or causes thereof or the
negligence of any Party or Parties that may be asserted against, recovered from or suffered by the
City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the
negligent, reckless, or intentional misconduct of Contractor; or (ii) any negligent, reckless, or
intentional misconduct of any of Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of Contractor or Contractor’s agents or employees.
For any labor problems or disputes or any delays or stoppages of work associated with such
problems or disputes. Contractor must indemnify, defend, and hold the City harmless from any and
all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or
occurring.
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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.
9. Insurance: In addition to and independent from Contractor’s indemnity obligations
under Section 9, Contractor must, at Contractor’s expense, secure insurance coverage through an
insurance company or companies duly licensed and authorized to conduct insurance business in
Montana which insures the liabilities and obligations specifically assumed by Contractor in this
Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed
by Contractor in Section 9.
The insurance must be occurrence-based, and cover and apply to all claims, demands, suits,
damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered
by City without limit and without regard to the cause. Contractor must furnish to City an
accompanying certificate of insurance and accompanying endorsements in amounts not less than as
follows:
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• 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.
10. Waiver of Claims: Contractor also waives any and all claims and recourse against
City, including the right of contribution for loss or damage to person or property arising from, growing
out of, or in any way connected with or incident to the performance of this Agreement except
“responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for
violation of law, whether willful or negligent” as per 28-2-702, MCA.
11. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions
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of this Agreement, City may, by written notice, terminate this Agreement and Contractor’s right to
proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). City may
then take over the work and complete it, either with its own resources or by re-letting the contract to
any other third Party.
b. In the event of a termination pursuant to this Section 9, Contractor must be entitled to
payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 11 must be in addition to any other
remedies to which City may be entitled under the law or at equity.
d. In the event of termination under this Section 11, Contractor must, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages
of any nature arising, or claimed to have arisen, as a result of the termination.
12. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of City, make it
advisable to City to cease performance under this Agreement, City may terminate this Agreement by
written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination must
be effective in the manner specified in the Notice of Termination for City’s Convenience and must
be without prejudice to any claims that City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise
directed in the Notice, Contractor must immediately cease performance under this Agreement and
make every reasonable effort to refrain from continuing work, incurring additional expenses or costs
under this Agreement and must immediately cancel all existing orders or contracts upon terms
satisfactory to City. Contractor must do only such work as may be necessary to preserve, protect, and
maintain work already completed or immediately in progress.
c. In the event of a termination pursuant to this Section 12, Contractor is entitled to
payment only for those services Contractor actually rendered on or before the receipt of the Notice of
Termination for City’s Convenience.
d. The compensation described in Section 9(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
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arisen, as a result of the termination.
13. Intellectual Property and Ownership of Work Product:
a. Title and Ownership Rights. City retains title to and all ownership rights in all Work
Product. “Work Product” includes all materials, tangible or not, created in whatever medium
pursuant to this Agreement, including but not limited to publications, promotional or educational
materials, reports, manuals, specifications, drawings and sketches, computer programs, software
and databases, schematics, marks, logos, graphic designs, notes, data and content, including but not
limited to multimedia or images (graphics, audio, and video), matters and any combinations of, and
all forms of intellectual property.
b. Ownership of Work Product. Contractor must execute any documents or take
any other actions as may reasonably be necessary, or as City may reasonably request, to
perfect City’s ownership of any Work Product. Contractor must, at no cost to City, deliver to City,
upon City request during the term of this Agreement or at its expiration or termination, a current
copy of all Work Product in the form and on the media in use as of the date of City’s request, or
such expiration or termination.
c. Return of Physical Property. Upon expiration or termination of this Agreement,
Contractor agrees to return to City all City property, including but not limited to any and all
physical items such as documentation, records, and equipment, which is in Contractor’s possession
or under Contractor’s control. Contractor must submit to City a detailed account of all of City’s
property in its possession or under Contractor’s control. Contractor must return City’s property in a
method acceptable to City within ten (10) working days. Unless otherwise mutually agreed upon by
the Parties, at no time must any of City’s property be retained by Contractor upon expiration or
termination of this Agreement.
d. Return of Data. Upon expiration or termination of this Agreement, Contractor agrees
to return to City all City data. Contractor must submit to City a detailed account of all of City’s data
in its possession or under Contractor’s control. Contractor must return City’s data in a format
acceptable to City within ten (10) working days. At no time must any data or processes that either
belong to or are intended for use of City or its officers, agents, or employees, be copied, disclosed,
or retained by Contractor upon expiration or termination of this Agreement.
f. Destruction of Data. If requested by City, Contractor agrees to destroy all of City’s
data in its possession. When requested by City to destroy City’s data, Contractor agrees to
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permanently delete the data and ensure that it is not recoverable, in accordance with National
Institute of Standards and Technology (NIST) SP 800-88 “Media Sanitation Guidelines.”
g. Certification. In all cases, Contractor will certify that all of City’s information
processed during the performance of the services will be completely purged from all physical and
electronic data storage with no output to be retained by Contractor at the time the work is
completed, the Agreement is terminated, or upon written request of City.
14. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s
damages must be limited to contract damages and Contractor hereby expressly waives any right to
claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field
office overhead, general conditions costs, or lost profits damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor must provide City with written notice of its claim, the facts and circumstances surrounding
and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30)
days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide
such notice, Contractor must waive all rights to assert such claim.
15. Representatives and Notices:
a. City’s Representative: City’s Representative for the purpose of this Agreement must
be Ellie Staley of the Downtown Bozeman Partnership 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 _____________________ 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,
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that in exigent circumstances when Contractor’s Representative is not available, City may direct its
direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement must be in writing and must be
provided to the Representatives named in this Section. Notices must be deemed given when
delivered, if delivered by courier to Party’s address shown above during normal business hours of the
recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email
address or fax number provided by the Party’s Representative; or on the fifth business day following
mailing, if mailed by ordinary mail to the address shown above, postage prepaid.
16. Permits: Contractor must provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
17. Laws and Regulations: Contractor must comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
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.
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18. Generative Artificial Intelligence (AI): Contractor must inform the City’s
representative of its intention to utilized 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.
19. Nondiscrimination and Equal Pay: Contractor agrees that all hiring by Contractor
of persons performing this Agreement must be on the basis of merit and qualifications. Contractor
must have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. Contractor cannot refuse employment
to a person, bar a person from employment, or discriminate against a person in compensation or in a
term, condition, or privilege of employment because of race, color, religion, creed, political ideas,
sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity,
physical or mental disability, except when the reasonable demands of the position require an age,
physical or mental disability, marital status or sex distinction. Contractor is subject to and must
comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and
all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to City any violations of the Montana Equal Pay Act that Contractor has been
found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor must require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
20. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
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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.
21. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both Parties. Contractor may not subcontract or assign
Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior
written consent of City. Any subcontractor or assignee will be bound by all of the terms and
conditions of this Agreement.
22. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor must allow City, its auditors, and other persons
authorized by City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law.
Contractor cannot issue any statements, releases or information for public dissemination without prior
approval of City.
23. Non-Waiver: A waiver by either Party of any default or breach by the other Party of
any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
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24. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain
an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required
in this Agreement, the prevailing Party or the Party giving notice is entitled to reasonable attorney's
fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s
Office staff.
25. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
26. Dispute Resolution:
a. Any claim, controversy, or dispute between the Parties, their agents, employees, or
representatives must be resolved first by negotiation between senior-level personnel from each Party
duly authorized to negotiate settlement agreements. Upon mutual agreement of the Parties, the Parties
may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
The Parties must attempt to resolve by negotiation within 90 days after the claim, controversy, or
dispute has arisen.
b. If the Parties are unable to resolve the dispute pursuant to subsection (a), then such
dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable
Law provisions of this Agreement. In such a case, all court actions must be commenced within 1 year
after the settlement procedure in subsection (a) has been exhausted.
27. Survival: Contractor’s indemnification must survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
28. Headings: The headings used in this Agreement are for convenience only and are not
to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs
to which they refer.
29. Severability: If any portion of this Agreement is held to be void or unenforceable, all
other provisions of this Agreement must remain in effect.
30. Applicable Law: The Parties agree that this Agreement is governed by the laws of the
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State of Montana.
31.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the Parties.
32.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
Parties, does not constitute a third-Party beneficiary agreement, and may not be relied upon or
enforced by a third Party.
33.Counterparts: This Agreement may be executed in counterparts, which together
constitute this Agreement.
34. Integration: This Agreement and all Exhibits attached hereto constitute the entire
Agreement of the Parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the Parties. There are no understandings between the Parties other
than as set forth in this Agreement. All communications, either oral or written, made prior to the date
of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
35.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
36.Extensions: This Agreement may, upon mutual agreement, be extended for a period of
up to one year at a time by written agreement of the Parties. In no case, however, may this Agreement
run longer than five (5) years from the effective date of this Agreement.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
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CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chuck Winn, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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VP
Erik Nelson
Pioneer Technical Services, Inc.
Exhibit A:
SCOPE OF WORK
This proposed Scope of Work includes all the steps required by Montana Code Annotated
(MCA) §7-15-4201 and 4301 et seq. and the associated Administrative Rules of Montana (ARM)
to modify the URD. Pioneer, with the assistance of our partner, Community Development
Services of Montana, would complete the following tasks.
Task 1: Site Visit and Project Kick-Off. The project kick-off will include a site tour to better
understand and document the conditions contributing to blight within the potential expansion
area. As part of this task, we would also meet with City staff, taxing jurisdictions, and other
interested parties, as you see fit. At the close of this task, our team will present a proposed
district expansion boundary that we anticipate will satisfy the conditions contributing to blight
required for a URD.
Task 2: Statement of Conditions Contributing to Blight. Our team will prepare a report
documenting the conditions contributing to blight, as defined at MCA §7-15-4206(2). We will
submit a draft of the report for your review and input, and subsequently update the report as
warranted. We would draft a resolution of necessity for the Bozeman City Commission to
consider and adopt. This resolution is required by MCA §7-15-4210. We will attend the City
Commission meeting when the resolution is considered to make a presentation and/or field
questions.
Task 3: Notify Department of Revenue. After an intended boundary for the amendment is
established, we will compile the materials needed to notify the Montana Department of
Revenue (DOR) of the intent to amend the URD, as required by the Administrative Rules of
Montana (ARM) Chapter 42.19.1403.
These include:
• Contact information for the person designated to interact with DOR
• The name of the District
• The desired base year
• A legal description accompanied by a map illustrating the district’s
proposed boundary
• GIS data files that include locational information in the form of
coordinates, points, lines, polygons, etc., if available
• Confirmation that the property within the proposed district is contiguous
and not included within an existing URD or TEDD district
Completion of this task is not required until December 1 by the ARM, but we advise submitting
it as soon as we have an intended boundary to ensure the DOR is aware the City is working on
amending the district.
Task 4: Amend the Urban Renewal Plan. We will update the existing Urban Renewal Plan to
reflect the new boundary of the URD. We do not anticipate that this will be an extensive re-write
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of the existing Plan, just editing relevant sections to reflect the amendments. This task will also
include gathering the necessary information for the expanded district, including:
• A boundary description and corresponding map.
• Assurance the growth policy and zoning are aligned with the Urban Renewal
Plan.
• Property owner names and mailing addresses (for the existing URD as
well as the expansion area).
• Geocodes and other property codes and information required by the DOR.
Task 5: Assist with Community Development Board review. As required MCA §7-15-4213,
the amended Urban Renewal Plan must be reviewed by the planning commission of the
municipality (in Bozeman’s case, the Community Development Board). The Community
Development Board is required to review the Urban Renewal Plan as to its conformity with the
community’s growth policy. The Board is also required to submit its written recommendations
with respect to the proposed Urban Renewal Plan to the local governing body.
Our team will analyze the proposed Urban Renewal Plan amendments and the growth policy (in
other words, Bozeman’s Community Development Plan). We will summarize our findings in a
memorandum suitable for submittal to Community Development Board as part of a staff
report. If requested, we will attend the Community Development Board meeting where is
amendment to the Urban Renewal Plan is considered to make a presentation and/or field
questions from the Board.
Task 6: Draft ordinance and assist with notifications and public hearing. As required by
MCA §7-15-4216, any Urban Renewal Plan adopted by a local governing body must be
approved by ordinance. Prior to approving the ordinance, the local governing body must hold a
public hearing, in accordance with MCA §7-15-4214 and publish notice of the hearing and
notify all property owners and taxing jurisdictions within the URD (both the existing and
proposed expansion area) by mail.
Pioneer will provide the following support related to this task:
• Draft a notice to landowners and taxing jurisdictions regarding the public hearing. We
assume the City or others will complete the actual mailing.
• Draft the legal notice for publication. We assume the City or others will arrange and
pay for the publication.
• Draft an ordinance adopting the amended Urban Renewal Plan for review and
approval by the City Attorney.
• Attending the public hearing and first reading of the ordinance in person, including
making a presentation to the City Commission regarding the plan amendment.
• Attend the second reading of the ordinance remotely.
Note that the ordinance must be effective by December 31, 2026, for 2026 to be considered the
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base year for the expansion area. Per MCA §7-5-4203, local ordinances are not effective until 30
days after their passage. Therefore, the ordinance must have its second reading and adoption
on or before December 1, 2026.
Task 7: Compile required information for DOR. After the ordinance to expand the district is
adopted, we will compile the materials required to be submitted DOR per ARM 42.19.1403(5).
Please note that, based on the assumptions stated above regarding mailings and legal notices,
we will require some assistance from the City of Bozeman (e.g., proof of publication for the
public hearing). These materials must be submitted by DOR by February 1, 2027.
Task 8: Project Management and Administration. Provide overall Project Management and
Administration necessary to complete the project.
SCHEDULE
Pioneer suggests the following general schedule and milestones. Dates are approximate.
• Site Visit/Establish Boundary – June 3-July 15,2026
• Complete Statement of Blight report – August 1,2026
• Adopt Resolution of Necessity – Tuesday, August 18, 2026
• Notify DOR of Intent to Amend – September 1, 2026
• Amend Urban Renewal Plan – September 15, 2026
• Community Development Board Review/Recommendation – Monday, October 5, 2026
• First Reading of Ordinance/Public Hearing – Tuesday, October 20, 2026
• Second Reading/Adopt Ordinance – Tuesday, October 27, 2026
• Submit materials to DOR – January 15, 2027
BUDGET
The total cost of providing professional services to create or amend a URD is normally
approximately
$40,000. We anticipate the cost of this amendment will be somewhat lower, since the scope of
the expansion is not vast; the amendments to the Urban Renewal Plan text (e.g., goals,
strategies, actions) will not be extensive; and it does not appear that you will rely on us for
significant engagement with other stakeholders, including taxing jurisdictions. Therefore, we
estimate the cost for professional services for this amendment of approximately $32,500, as
follows:
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Task Amount
1. Project Kickoff/Establish Boundary $ 5,400
2. Conditions of Blight Report/Resolution $ 6,700
3. Notice to Department of Revenue $ 1,200
4. Urban Renewal Plan Amendments $ 4,500
5. Community Development Board Review
and Recommendation
$ 4,500
6. Ordinance and Public Hearing $ 4,200
7. Department of Revenue Information
Packet $ 2,500
8. Project Management and Administration $ 3,500
Total $ 32,500
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