HomeMy WebLinkAbout10-20-2026- 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, October 20, 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 Notice of Award and contract documents for public
nuisance abatement services with Clean Slate Group FY 27-FY29(Bailey)
F.3 Authorize City Manager to Sign Purchase Agreement with SWS Equipment LLC for One
Multihog Multipurpose Utility Vehicle and Attachments(Bearzi)
F.4 Authorize the City Manager to Sign a Master Services and Purchasing Agreement with Axon
Enterprise, Inc. for the Purchase of Body-Worn Cameras, Patrol Vehicle Cameras, Conducted
Energy Devices, and Associated Digital Evidence Management.(Swanson)
F.5 Authorize City Manager to Sign a Professional Services Agreement with Sanbell for Bikefill
Community Park Bidding and Construction Administration(Jadin)
F.6 Authorize the City Manager to Sign a Professional Services Agreement with the Montana
State University Extension Local Government Center (LGC) for a Governance Annual Support
Package(Maas)
F.7 Authorize the City Manager to sign a First Amendment to the Professional Services
Agreement with Clean Slate group for Professional Services Agreement for Code Compliance
Snow Removal Services 2025-2026(Bailey)
F.8 Authorize the City Manager to Sign Amendment 1 to the Professional Services Agreement
with Beartooth Signs & Design, LLC for Wayfinding Fabrication and Installation for the
Raptor Route and Cattail Anchor Route.(Canter)
F.9 Authorize the City Manager to Sign a Second Amendment to the Professional Services
Agreement with Latta Consultants LLC dba Indigo West for the Parking Vision Project
2025(Staley)
F.10 Authorize City Manager to Sign Third Amendment to Meadow Creek Subdivision Payback
Agreements for Sanitary Sewer, Traffic, and Water Improvements, Assigning Rights to
JBMBM Group, LLC.(Saverud)
F.11 Resolution Authorizing Change Order 1 to the City of Bozeman Pedestrian Crossing &
Lighting Projects, Main Street Lighting Design Package 3(Staley)
F.12 Resolution Authorizing the Intent to Transfer One City-Owned 2005 Ford Taurus, Asset
3269, to the City of Belgrade, Montana(Bearzi)
F.13 Final Adoption of An Ordinance Creating a New Division of Chapter 40 of the Bozeman
Municipal Code Related to Water Adequacy(Kohtz)
G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
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
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H. Special Presentation
H.1 Special Presentation Victim Services(Noonan)
I. Action Items
I.1 Resolution and Provisional Ordinance Adoption of the BRC North Loop, LLC Annexation and
the Establishment of Municipal Zoning (Formally Called PDI Investments), Addressed as 2777
North 7th Avenue, Annexing 2.002 acres, Application 20346(Rogers)
I.2 Adopting Resolutions Amending the Economic Vitality, Sustainability, Urban Parks and
Forestry, Transportation, and Community Development Boards(Rowley)
I.3 Adopting a Resolution Establishing the Standards for the Recruitment and Selection of
Board Members, Standards for Communication and Expectations, Duties, and Norms of
Behavior for all Appointed City Boards, Commissions, Agencies, and Committees(Rowley)
J. Work Session
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.
Consider the Motions:
Prior approval affirmation
Having reviewed and considered the terms of annexation, staff analysis, materials provided, public
comment, and all information presented, I find the prior Commission approval to annex the BRC North
Loop annexation is valid, is in the City’s best interest, and remains in effect.
Revised terms of annexation
Having reviewed and considered the terms of annexation, staff analysis, materials provided, public
comment, and all information presented, I hereby adopt the Resolution of Annexation for Application
20346, the BRC North Loop Annexation, and direct the City Manager to accept and sign the
Annexation Agreement.
Provisional Adoption of Ordinance
Having reviewed and considered the staff analysis, materials provided, public comment, and all
information presented, I hereby provisionally adopt the Ordinance for Application 20346.
Consider the Motion: Adopting Resolutions Amending the Economic Vitality, Sustainability, Urban
Parks and Forestry, Transportation, and Community Development Boards
Consider the Motion: Adopting a Resolution establishing the standards for the recruitment and
selection of board members, standards for communication and expectations, duties, and norms of
behavior for all appointed City boards, commissions, agencies, and committees
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J.1 Northwest Bozeman Area Plan(Naumann)
K. FYI / Discussion
L. Adjournment
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.
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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:October 20, 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 October 21, 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:Benjamin R. Bailey - Neighborhood Services and Code Compliance Program
Manager
SUBJECT:Authorize the City Manager to sign a Notice of Award and contract
documents for public nuisance abatement services with Clean Slate Group FY
27-FY29
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Notice of Award and contract
documents for public nuisance abatement services with Clean Slate Group
FY27-FY29
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The City of Bozeman has historically abated properties which constitute
public nuisances pursuant to Bozeman Municipal Code Chapter 16 article 2
and article 3. The most recent contract expired in 2021 and was re-posted in
2022 through a Request For Proposal (RFP) with no apparent bidders. A new
RFP was drafted for nuisance abatement services and two bids were
received by the City of Bozeman. This service provides the City of Bozeman
staff with ability to restore properties to their original landscape, and
provide the Quality of Life within neighborhoods that our community
expects and deserves.
UNRESOLVED ISSUES:None known
ALTERNATIVES:As directed by Commission
FISCAL EFFECTS:Neighborhood Services was approved $10,000 within our operating budget
to execute these services. This will be through the general fund.
Attachments:
Notice of Award Nuisance abatement services.docx
2026 PSA Nuisance Abatement Services Contract.docx
Report compiled on: October 6, 2026
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NOTICE OF AWARD
Dated: 9/25/2026
TO: Clean Slate Group
ADDRESS: 34 Outlier Way, Bozeman, MT 59718
PROJECT: Nuisance Abatement Services
CONTRACT FOR: Nuisance Abatement Services
You are notified that your Bid opened on August 20th, 2026, for the above Contract has been considered.
You are the apparent Successful Bidder and have been awarded a Contract for the: Nuisance
Abatement Services. The Contract Price of your Contract is: _$10,000__ Dollars ($).
Three (3) copies of each of the proposed Contract Documents (except Drawings) accompany this Notice
of Award.
You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice
of Award, that is, by _______________.
1. You must deliver to the OWNER Three (3) fully executed counterparts of the Agreement including all
the Contract Documents.
2. You must deliver to the OWNER Three (3) fully executed counterparts of Nondiscrimination and Equal
Pay Affirmation pursuant to section nineteen (19) of the Professional Services Agreement.
3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of
Insurance as specified in the Professional Services Agreement section nine (9). You must also deliver a
statement pursuant to section eighteen (18) of the Professional Services Agreement regarding the intent
(or lack thereof) of utilizing Generative Artificial Intelligence (AI).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid
abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you two fully signed
counterpart of the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: _________________________________ BY: ____________________________
(CITY MANAGER) (CITY CLERK)
DATE: _______________________________
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 20th day of October, 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, Clean Slate Group, LLC., 34 Outlier Way, Bozeman, MT 59718, 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 30th day of June, 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. 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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5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor represents and warrants:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress, or performance of the Scope of
Services.
b. Contractor has the experience and ability to perform the services required by this
Agreement.
c. Contractor will perform the services in a professional, competent, and timely manner
and with diligence and skill.
d. Contractor has the power to enter into and perform this Agreement.
e. Contractor’s performance of this Agreement must not infringe upon or violate the
rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or
any other rights of any nature whatsoever, or violate any federal, state, and municipal laws.
Contractor agrees City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status: The Parties agree that Contractor is an independent
contractor for purposes of this Agreement and is not to be considered an employee of City for any
purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook
and is not considered a City employee for workers’ compensation or any other purpose. Contractor
is not authorized to represent City or otherwise bind City in any dealings between Contractor and
any third Parties.
Contractor must comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor must maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor must furnish City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
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7. Labor Relations: If any labor problems or disputes arise during this Agreement,
which cause any services to cease for any period of time, Contractor agrees to take immediate steps
in its discretion, at its own expense and without expectation of reimbursement from City, to alleviate
or resolve all such labor problems or disputes. Contractor bears all costs of any related legal action.
Contractor must provide immediate relief to City so as to permit the services to continue at no
additional cost to City. Contractor acknowledges and agrees that City will not be a Party to any labor
disputes between Contractor and any subcontractors or third Parties.
8. Indemnity: For other than professional services rendered, to the fullest extent
permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its
agents, representatives, employees, and officers (collectively referred to for purposes of this Section
as the City) from and against any and all claims, demands, actions, fees and costs (including
attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities
(including liability where activity is inherently or intrinsically dangerous) or damages of whatever
kind or nature connected therewith and without limit and without regard to the cause or causes
thereof or the negligence of any Party or Parties that may be asserted against, recovered from or
suffered by the City occasioned by, growing or arising out of or resulting from or in any way related
to: (i) the negligent, reckless, or intentional misconduct of Contractor; or (ii) any negligent, reckless,
or intentional misconduct of any of Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of Contractor or Contractor’s agents or employees.
For any labor problems or disputes or any delays or stoppages of work associated with such
problems or disputes, Contractor must indemnify, defend, and hold the City harmless from any and
all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or
occurring.
Contractor’s obligations in this Section must not be construed to negate, abridge, or reduce
other rights or obligations of indemnity that would otherwise exist. The indemnification obligations
of this Section must not be construed to negate, abridge, or reduce any common-law or statutory
rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section must be without regard to and without any right
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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:
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
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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
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 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.
12. Termination for City’s Convenience:
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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.
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
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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.
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 Benjamin R. Bailey or such other individual as City must designate in writing. Whenever approval
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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 Ben Hymas or such other individual as Contractor must designate in writing.
Whenever direction to or communication with Contractor is required by this Agreement, such
direction or communication must be directed to Contractor’s Representative; provided, however,
that in exigent circumstances when Contractor’s Representative is not available, City may direct its
direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement must be in writing and must be
provided to the Representatives named in this Section. Notices must be deemed given when
delivered, if delivered by courier to Party’s address shown above during normal business hours of
the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the
email address or fax number provided by the Party’s Representative; or on the fifth business day
following mailing, if mailed by ordinary mail to the address shown above, postage prepaid.
16. Permits: Contractor must provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
17. Laws and Regulations: Contractor must comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
18. Generative Artificial Intelligence (AI): Contractor must inform the City’s
representative of its intention to utilize Generative AI to fulfill the deliverables or services detailed
in the Scope of Services. City’s representative may, in their discretion, permit or deny Contractor’s
use of Generative AI. If Contractor is permitted to use Generative AI, Contractor agrees to review
any work created by Generative AI for accuracy, bias, and copyright infringement. Contractor agrees
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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
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
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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.
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,
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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
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.
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35. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
36. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of up to one year at a time by written agreement of the Parties. In no case, however, may this
Agreement run longer than five (5) years from the effective date of this Agreement.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first
above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chuck Winn, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A
Scope of Services - Nuisance Abatement Services
1. WORK TO BE PERFORMED
a. The conditions set forth herein shall apply to all work performed by the Contractor
on behalf of the City of Bozeman.
b. The Contractor will perform all work in accordance with the standards found in
Bozeman Municipal Code Chapter 16, Article 2, and Article 3, by providing
abatement services on improved or vacant land after proper noticing as required by
the Bozeman Municipal Code.
2. SPECIFICATIONS
a. The Contractor is to perform nuisance abatement services, as authorized in
16.02.110 and 16.03.040, of improved or vacant land as determined by a
representative of the City of Bozeman through various methods such as, but not
limited to; removing abandoned or junk vehicles, removing junk, trash, debris,
vehicle parts, appliances, furniture, batteries, waste oil, discarded metal,
construction materials, boarding up unsecured vacant properties, and restoring the
landscape into compliance with the Bozeman Municipal Code.
b. The Contractor is required to maintain a database, using a platform approved by
the City representative, of all documentation related to the execution of services
herein.
c. The City will prepare a list of properties that are in violation of the provisions
outlined Bozeman Municipal Code 16.02.050 and 16.03.010, submit it to the
contractor no later than 5pm on Monday of the week the abatement services are
required. The City will photograph the violation causing the nuisance at the time
the abatement services are requested to document the condition of the property
and aid in the identification of the violation for the contractor. The City will also
document the required posting, communication, notices and various other methods
of contact with the property owner/responsible party as required in 16.02.070 and
16.02.080, 16.03.020 and .030. Both photographs/document will be provided to
Contractor and must be maintained in a database organized by each property
tax/physical address.
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d. The Contractor will take a photograph of the property immediately before and after
the abatement proceedings. Photographs should show identifying scene markers as
to confirm address/property location. The Property address, date and time of
removal activities must be recorded on the photographs. Photographs should be
taken from approximately the same location for easy reference at a later date. All
photographs must be maintained in a database organized by each address and must
accompany the contractors billing invoice for payment of any abatement services.
The Contractor may be summoned to testify in a court of law regarding
photographs and work performed.
e. The Contractor shall use equipment which shall be of weight that will not damage
sidewalks, city infrastructure, or private property infrastructure.
f. The Contractor shall maintain its operation outside of the City right of way to the
extent practicable for the circumstances of the abatement. Should the need arise to
encumber upon a City right of way for an extended period of time, the appropriate
signage/markers will need to be in place.
g. Abatement services must be in accordance with Chapter 16.02., before payment
will be made to the contractor.
3. TIME
a. The Contractor shall initiate abatement operations for non-compliant properties
within five (5) days of being assigned by the City.
b. The City shall grant an equivalent time extension for each day past the deadline for
submission to contractor referenced in section 2c. The contractor may be required
to work on any day of the week, including holidays.
4. MATERIALS, EQUIPMENT AND LABOR
a. The contractor undertakes and agrees to furnish and pay for all work, equipment,
tools, materials, labor, transportation costs and supervision necessary to perform
the work herein described.
5. INDEPENDENT CONTRACTOR
a. It is agreed that in the performance of the work herein specified, the Contractor is
an independent contractor, responsible to the City only as to the results to be
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obtained in the work herein specified, and to the extent that the work shall be done
in accordance with the terms, plans and specifications furnished by the City.
6. PAYMENTS
a. Payments shall be made by the City upon the Contractor furnishing satisfactory
evidence of the work performed. Payment shall be made at the rate of (See
attachment A). The contractor shall keep written records necessary to justify claims
for payment. Such records shall include the address at which the work was
performed, the date and time the work was completed and (when necessary) the
square footage of abated work. The City shall make payment for work performed
within thirty days after receiving a written claim in City accepted format for
payment.
b. The Contractor may charge a Mobilization Fee of not more than $90 dollars for
services which do not include equipment/towing, and not more than $250 dollars
for services which require UTV toolcat and heavy machinery and LD towing services;
$285 for MD towing, and $317.50 for HD towing. Services requiring only the
UTV/toolcat without towing services may charge not more than $175; in the event
the Contractor is asked by the homeowner, or the City, to stop their work at any
time before the work is complete. In the event partial work was performed, the
Contractor may charge the agreed rate for the square footage cleared in addition to
the Mobilization Fee.
c. The Contractor reserves the right to charge less than quoted, but not to raise prices
without negotiating an amendment to the agreed upon contract.
d. The Contractor shall submit invoices to the City no later than the 10th of the month
for all work completed during the prior month.
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Attachment A
Pricing
Service Rates (per crew member)
General Cleanup/ Junk Removal/ Handheld
Equipment and Property Cleaning
$90/hr
Heavy Construction / Demolition Debris
Removal
$100/hr
Boarding / Securing Sites Gen. Hrly Rate + Materials (at cost)
Backpack Weed Spraying
Noxious Weed Certified
Gen. Hrly Rate + chemical costs
UTV (Toolcat) Heavy Debris Removal Mobilization + up to 1 hour of Machine time:
$350
Additional Machine Time:
$175/hr billed in 15-minute increments
Disposal Logan Landfill Fees at cost plus hourly rate
Specialized Rental Equipment
(ex. Jackhammer Attachement)
Billed at hourly rate plus cost of equipment
rental
Abandoned/Junk Vehicle Removal Best Rate Towing Pricing Table (attachment B)
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Attachment B
Best Rate Towing
Pricing
Equipment Cost
Light Duty:
LD Towing Hookup $150
LD – Special Equipment Skates $57
LD – Special Equipment Dollies $63
LD – Special Equipment Snatch Block $65
LD – Single Line Winch $198
Medium Duty:
MD Towing Hookup $220
MD - Driveline R&R $98
MD – Enroute Mileage $3.00/mile
MD – Loaded Mileage $6.00/mile
MD - Hourly $275/hr – 2Hr minimum
Heavy Duty:
HD – 35 Ton Wrecker $285/hr – 2 hr minimum
HD – Landoll Trailer $285/hr – 2 hr minimum
Disposal Variable/TBD
Shop Labor Rate (disposal prep) $120/hr
24
Memorandum
REPORT TO:City Commission
FROM:Sam Bearzi, Fleet Manager
Doug Eisenman, Parks Superintendent
Mitch Overton, Parks & Recreation Director
SUBJECT:Authorize City Manager to Sign Purchase Agreement with SWS Equipment
LLC for One Multihog Multipurpose Utility Vehicle and Attachments
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve City Manager to Sign Purchase Agreement with SWS Equipment LLC
for One Multihog Multipurpose Utility Vehicle and Attachments
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:Multipurpose Utility Vehicles are critical for the delivery of year round
services for the Parks Maintenance Division. From mowing, trail work, to
plowing sidewalks and paths, and keeping ice rinks open these vehicles bring
versatility and efficiency. This purchase of a Multihog Multipurpose Utility
Vehicle is a fleet addition to help increase the efficiency and growing
demand of Parks Maintenance in the City. This purchase was selected
utilizing a Sourcewell cooperative purchasing contract to comply with State
and City procurement requirements. Exhibit A is the quote for the purchase,
Exhibit B is the Multihog Sourcewell contract.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:This project was approved in the FY27-31 Capital Improvement Plan and
FY27-28 Biennium Budget, under project PTD19. The total project cost will
be $175,402.89.
Attachments:
Purchase Agreement - SWS Equipment LLC PTD19
Exhibit A - SWS Equipment LLC Quote 5448.1
Exhibit B - Sourcewell Multihog Contract 111522
Report compiled on: September 17, 2026
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FY2027
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PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of October, 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, SWS Equipment, LLC., PO Box 13040, Spokane, WA 99213,
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 Quote 5448.1, 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 with the Seller’s response
to the same.
3. Price: The City agrees to pay $175,402.89 (Exhibit A) as the purchase price. All
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FY2027
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prices include shipping and 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. Delivery and Payment: Time is of the essence in the performance of this Purchase
Agreement. Seller assumes full responsibility for all transportation, transportation scheduling,
packing, handling, insurance, and other served associated with delivery of the Property.
Seller agrees to delivery to the City in a fully operational status and all accessories
properly installed no later than January 4th, 2027. Delivery will occur at 1812 N Rouse Ave,
Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of the
Property and/or performance of services required under this Purchase Agreement cannot be
made Seller shall promptly notify the City of the earliest possible date for delivery or
performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property
or 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 a non-
conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City
has under this Purchase Agreement or applicable law. Upon delivery 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 delivery 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
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FY2027
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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
(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 deliver 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. Thereafter, City may procure
substitute property to replace the Property described herein. In such event, Seller is liable to City
for the difference between the price set forth herein and the price paid by City for the
replacement property. 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 delivered 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)
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FY2027
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business days or Seller’s shipment or other 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 WARRANTY THE PROPERTY INCLUDING ALL
COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS LISTED IN EXHIBIT B AND
SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY
NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS 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 DELIVERED HEREUNDER 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.
9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of
the purchase price against all damages during the delivery period per the Specifications. In
addition to and independent from the above, during the delivery period Seller shall defend,
indemnify, and hold the City, its officers, employees, and agents harmless against claims,
demands, suits, damages, losses, and expenses connected therewith that may be asserted or
claimed against, recovered from or suffered by the City by reason of any injury or loss, including
but not limited to, personal injury, including bodily injury or death, property damage, occasioned
by, growing out of, or in any way arising or resulting from any intentional or negligent act on the
part of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by
the city 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
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FY2027
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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.
13 Permits: Seller shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
14. 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.
15. 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.
16. 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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FY2027
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17. 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.
18. Dispute Resolution:
a. Any claim, controversy, or dispute between the Parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon
mutual agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions.
b. If the Parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
19. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20. 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 ****
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FY2027
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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 SWS Equipment, LLC.
By___________________________ By____________________________
Chuck Winn, City Manager Jason Hendrickson
CEO/President
APPROVED AS TO FORM:
By________________________________
Greg Sullivan, City Attorney
32
Page | 1 Quote #5448-1
Quote To: Ship To: Quote #: 5448. 1
City of Bozeman North Rouse Shop Date: 09/21/2026
Sam Bearzi Bozeman, MT 59715 Sales Rep: Alan Larson
sbearzi@bozeman.net FOB: Bozeman Mt
Phone: Bill To: Ship Via: Bestway
Cell: PO Box 1230 Est. Ship Date: 30 Days
Bozeman, MT 59771-1230 Term: Net 30
Sourcewell MultiHog Contract #111522
City of Bozeman Member #
Qty Description Unit Price Ext. Price
1 Multihog CX75 MKII HP (55.4 KW), 2.2L Deutz 3 Cylinder Stage 5 diesel engine.
Standard: High volume driver cab with heating and air conditioning. High back air-
suspended driver seat with 3-point seat belt. Air-conditioning. Top-mounted road
lights. Temperature related variable speed hydraulic cooling fan. Permanent 4-
wheel drive with positive drive lock. Front 3-point linkage including mechanical
adjustment of linkage rotation and float. 2 -axis joystick and miniature levers for
control of hydraulic functions. 3500 kg (7,716 lbs) gross vehicle weight. Manually
adjustable heated rear-view mirrors. Rotating beacon. Mechanical top-link.
Mechanical tipping rear.
(SWS Demo Unit #240036)
$ 116,588.04 $ 116,588.04
1 ABB60-1-HYD
60" Wide Single Auger Box Blower for Multihog CX75, Hydraulic Driven
Weight: 1,210 lbs (549 kg)
Clearing Width: 60” (1524 mm)
Overall Width: 61” (1549 mm)
Overall Height: 77” (1956 mm)
Cutting Auger Diameter: 19″ (483 mm)
Power Requirements: 40 HP (30 kW)
Impeller Diameter: 5 blades 24”x9″ (610×229 mm)
Standard Features: Powder coated, Hardox Cutting Edge and Skid Shoes
Hitch Category: CAT I or CAT II
$ 12,536.22 $ 12,536.22
1 Freight to Customer $ 823.53 $ 823.53
2 HS72-1
Hydraulically Driven Sweeper 72" wide for Multihog including wet kit
Weight: 860 lbs (390 kg)
Clearing Width: 72” (183 cm)
Clearing Width at 30°: 62” (157 cm)
Overall Width: 77″ (195 cm)
Overall Height: 38″ (97 cm)
Power Requirements: 40 HP (30 kW)
Swing Angle: 30°
Type: Hydraulic
Brush Diameter: 32″ (80 cm)
Standard Features: PU cowling, Parking legs, Poly steel combination, Brushes,
adapter plate for wheel kit
Hitch Category: CAT I or CAT II
$ 7,919.31 $ 15,838.62
2 SPT-037-HD
Heavy Duty Caster Kit for PTO/Hydraulic Sweeper
8" Semi-pneumatic forged kingpin casters
$ 1,277.31 $ 2,554.62
SWS Equipment, LLC.
Four Locations Serving Washington, Idaho, Montana, Oregon
All Correspondence Remit: PO Box 13040, Spokane, WA 99213
800-892-7831 ~ Fax 509-533-1050 ~ alanl@swsequipment.com
www.SWSequipment.com
QUOTE
33
Page | 2 Quote #5448-1
Qty Description Unit Price Ext. Price
2 Factory Supplied Freight $ 882.35 $ 1,764.70
1 AP72-1
72" Wide 3 Point Hitch Angle Plow for Multihog CX75
Weight: 720 lbs (328 kg)
Clearing Width: 72" (183 cm)
Clearing Width at 30°: 62.3" (158 cm)
Mouldboard Height: 27" (68 cm)
Overall Height: 36” (92 cm)
Swing Angle: 30°
Cutting Edges: AR 400
Power Requirements: 40 HP (30 kW) - 93 HP (70 kW)
Hitch Category: CAT I or CAT II
$ 5,836.23 $ 5,836.23
1 Factory Supplied Freight $ 588.24 $ 588.24
1 DRAGONE-MTL-180-CX75-HYD
Dragone MTL 180 Flail Mower including side shift, Hydraulically Drive for
Multihog CX75
Overall width: 76" (190 cm)
Working width: 69" (180 cm)
Weight: 1015 lbs (460 kg)
Flails: 24 hammer flails
PTO: Hydraulic Drive
Rotor Speed: 2278 rpm
4 belt transmission
Side-shifting on 2 chromium-plated rods
Fixed front and center counter-blades
Rear roller Ø 6.5" (194 mm)
3-point hitch
Gearbox with freewheel safety device
Double shielded box frame
Side safety guards
Hydraulic Side Shif
$ 10,587.16 $ 10,587.16
1 Factory Freight $ 823.53 $ 823.53
1 EU Product Duty $ 1,600.00 $ 1,600.00
Subtotal $ 159,461.92 $ 169,540.89
Qty
1 Fuel & Def for Delivery
1 Training on-site by SWS Authorized Representative
1 Flatbed Delivery from SWS Location to Bozeman Mt $ 5,250.00
1 Body Pre-Delivery Inspections $ 612.00
Subtotal $ 5,862.00
Total $ 175,402.89
Grand Total $ 175,402.89
QUOTE VALID FOR 30 DAYS 34
Page | 3 Quote #5448-1
PRICING IS SUBJECT TO CHANGE BASED ON CURRENT MATERIALS AND AVAILABILITY. APPLICABLE SALES TAX
NOT INCLUDED UNLESS OTHERWISE NOTATED - AMOUNT BASED ON FINAL INVOICE DATE.
ANY IMPLIED WARRANTY AS PER THE MANUFACTURER'S STANDARD WRITTEN WARRANTY PAYMENT DUE UPON
COMPLETION OF WORK OR AS SPECIFIED ABOVE
Due to a high level of uncertainty with regard to pricing changes from our vendors and the freight industry, the price and freight charges on this document may be
adjusted prior to shipping.
Signature: _________________________ Printed Name: ______________________ Date: _______________
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Solicitation Number: RFP #111522
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN
56479 (Sourcewell) and Multihog Ltd., IDA Finnabair Business Park, Dundalk Co., Louth Ireland
(Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created
under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers
cooperative procurement solutions to government entities. Participation is open to eligible
federal, state/province, and municipal governmental entities, higher education, K-12 education,
nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Airport Runway Equipment with Related Supplies and
Services from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to
Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts
(Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires February 3, 2027, unless it is
cancelled sooner pursuant to Article 22. This Contract may be extended one additional year
upon the request of Sourcewell and written agreement by Supplier.
C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all
payment obligations incurred prior to expiration or termination will survive, as will the
following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All
other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or
Services as stated in its Proposal submitted under the Solicitation Number listed above.
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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated
into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated
in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance,
Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated,
sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free
from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended. Supplier’s dealers
and distributors must agree to assist the Participating Entity in reaching a resolution in any
dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends
beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout
the Contract term, Supplier must provide to Sourcewell a current means to validate or
authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment,
Products, and Services offered under this Contract, which will be incorporated into this
Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most
current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price
stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a
Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered
Equipment, Products, and Services that are operational for their intended purpose, and
includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated
with any purchase option of the Equipment, Products, or Services must always be disclosed in
the pricing quote to the applicable Participating Entity at the time of purchase.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly
packaged. Damaged Equipment and Products may be rejected. If the damage is not readily
apparent at the time of delivery, Supplier must permit the Equipment and Products to be
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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable
time after delivery where circumstances or conditions prevent effective inspection of the
Equipment and Products at the time of delivery. In the event of the delivery of nonconforming
Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and
the Supplier will replace nonconforming Equipment and Products with conforming Equipment
and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive
in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally
delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax-
exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax-
exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection
of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to
Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed
from the Hot List at any time through a Sourcewell Price and Product Change Form as defined
in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and
discontinued Equipment and Products as long as those close-out and discontinued items are
clearly identified as such. Current ordering process and administrative fees apply. Hot List
Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any
time. All requests must be made in writing by submitting a signed Sourcewell Price and Product
Change Request Form to the assigned Sourcewell Supplier Development Administrator. This
approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;
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x Individually list all Equipment, Products, or Services affected by the requested change,
along with the requested change (e.g., addition, deletion, price change); and
x Include a complete restatement of pricing documentation in Microsoft Excel with the
effective date of the modified pricing, or product addition or deletion. The new pricing
restatement must include all Equipment, Products, and Services offered, even for those
items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an
amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and
nonprofit entities across the United States and Canada; such as federal, state/province,
municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally
access the Equipment, Products, or Services under this Contract. A Participating Entity’s
authority to access this Contract is determined through its cooperative purchasing, interlocal,
or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service
Member of Sourcewell during such time of access. Supplier understands that a Participating
Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating
Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use
eligibility requirements and documentation and will encourage potential participating entities
to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its
roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government-
owned facilities, including schools. Supplier’s employees and agents must conduct themselves
in a professional manner while on the premises, and in accordance with Participating Entity
policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under
this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this
Contract; however, order flow and procedure will be developed jointly between Sourcewell and
Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it
may use its own forms, but the purchase order should clearly note the applicable Sourcewell
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contract number. All Participating Entity orders under this Contract must be issued prior to
expiration or cancellation of this Contract; however, Supplier performance, Participating Entity
payment obligations, and any applicable warranty periods or other Supplier or Participating
Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating
Entities will be solely responsible for payment and Sourcewell will have no liability for any
unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and
conditions to a purchase order, or other required transaction documentation, may be
negotiated between a Participating Entity and Supplier, such as job or industry-specific
requirements, legal requirements (e.g., affirmative action or immigration status requirements),
or specific local policy requirements. Some Participating Entities may require the use of a
Participating Addendum, the terms of which will be negotiated directly between the
Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as
applicable. Any negotiated additional terms and conditions must never be less favorable to the
Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires
service or specialized performance requirements not addressed in this Contract (such as e-
commerce specifications, specialized delivery requirements, or other specifications and
requirements), the Participating Entity and the Supplier may enter into a separate, standalone
agreement, apart from this Contract. Sourcewell, including its agents and employees, will not
be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or
in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body
at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the
Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a
Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to
Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is
changed. The Account Representative will be responsible for:
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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and
x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with
Sourcewell per contract year. The business review will cover sales to Participating Entities,
pricing and contract terms, administrative fees, sales data reports, performance issues, supply
issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a
contract sales activity report (Report) to the Sourcewell Supplier Development Administrator
assigned to this Contract. Reports are due no later than 45 days after the end of each calendar
quarter. A Report must be provided regardless of the number or amount of sales during that
quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were
made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department);
x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell,
the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and
Services provided to Participating Entities. The Administrative Fee must be included in, and not
added to, the pricing. Supplier may not charge Participating Entities more than the contracted
price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated
in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased
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by Participating Entities under this Contract during each calendar quarter. Payments should
note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be
mailed to the address above “Attn: Accounts Receivable” or remitted electronically to
Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments
must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to
ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell
reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in
any subsequent solicitation. In the event this Contract is cancelled by either party prior to the
Contract’s expiration date, the administrative fee payment will be due no more than 30 days
from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If
Supplier’s Authorized Representative changes at any time during this Contract, Supplier must
promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records,
documents, and accounting procedures and practices relevant to this Contract are subject to
examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the
end of this Contract. This clause extends to Participating Entities as it relates to business
conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under
this Contract without the prior written consent of the other party and a fully executed
assignment agreement. Such consent will not be unreasonably withheld. Any prohibited
assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective
until it has been duly executed by the parties.
D. WAIVER. Failure by either party to take action or assert any right under this Contract will
not be deemed a waiver of such right in the event of the continuation or repetition of the
circumstances giving rise to such right. Any such waiver must be in writing and signed by the
parties.
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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the
parties. No other understanding regarding this Contract, whether written or oral, may be used
to bind either party. For any conflict between the attached Proposal and the terms set out in
Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent
contractors, each free to exercise judgment and discretion with regard to the conduct of their
respective businesses. This Contract does not create a partnership, joint venture, or any other
relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities,
including their agents and employees, harmless from any claims or causes of action, including
attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or
omission in the performance of this Contract by the Supplier or its agents or employees; this
indemnification includes injury or death to person(s) or property alleged to have been caused
by some defect in the Equipment, Products, or Services under this Contract to the extent the
Equipment, Product, or Service has been used according to its specifications. Sourcewell’s
responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota
Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act,
Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell
under this Contract and as it applies to all data created, collected, received, maintained, or
disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and
license to use the trademark(s) provided to Supplier by Sourcewell in advertising and
promotional materials for the purpose of marketing Sourcewell’s relationship with
Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and
license to use Supplier’s trademarks in advertising and promotional materials for the
purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right
of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,
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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in
advertising and promotional materials for the purpose of marketing the Parties’ relationship
to Participating Entities. Any sublicense granted will be subject to the terms and conditions
of this Article. Each party will be responsible for any breach of this Article by any of their
respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided
and must comply with removal requests as to specific uses of its trademarks or
logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the
other party’s trademarks only in good faith and in a dignified manner consistent with
such party’s use of the trademarks. Upon written notice to the breaching party, the
breaching party has 30 days of the date of the written notice to cure the breach or
the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including
Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites,
and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed
catalog of suppliers which may be used until the next printing). Supplier must return all
marketing and promotional materials, including signage, provided by Sourcewell, or dispose
of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released
without prior written approval from the Authorized Representatives. Publicity includes notices,
informational pamphlets, press releases, research, reports, signs, and similar public notices
prepared by or for the Supplier individually or jointly with others, or any subcontractors, with
respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be
approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development
Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment,
Products, or Services.
14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue
for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate
state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God
or other conditions that are beyond that party’s reasonable control. A party defaulting under
this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal,
unenforceable, or void then both parties will be relieved from all obligations arising from that
provision. If the remainder of this Contract is capable of being performed, it will not be affected
by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and
address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and
work in good faith to resolve such dispute within a reasonable period of time. If necessary,
Sourcewell and the Supplier will jointly develop a short briefing document that describes
the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified
above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher
level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the
Supplier must continue without delay to carry out all of its responsibilities under the
Contract that are not affected by the dispute. If the Supplier fails to continue without delay
to perform its responsibilities under the Contract, in the accomplishment of all undisputed
work, the Supplier will bear any additional costs incurred by Sourcewell and/or its
Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract,
or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
The party claiming default must provide written notice of the default, with 30 calendar days to
cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated
or other damages. If the default remains after the opportunity for cure, the non-defaulting
party may:
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the
Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect
at all times during the performance of this Contract with insurance company(ies) licensed or
authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better,
with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its
operations, with coverage on an occurrence basis, and must be subject to terms no less
broad than the Insurance Services Office (“ISO”) Commercial General Liability Form
CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include
liability arising from premises, operations, bodily injury and property damage,
independent contractors, products-completed operations including construction defect,
contractual liability, blanket contractual liability, and personal injury and advertising
injury. All required limits, terms and conditions of coverage must be maintained during
the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage
$1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract,
Supplier will maintain insurance covering all owned, hired, and non-owned automobiles
in limits of liability not less than indicated below. The coverage must be subject to terms
no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer),
or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
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4. Umbrella Insurance. During the term of this Contract, Supplier will maintain
umbrella coverage over Employer’s Liability, Commercial General Liability, and
Commercial Automobile.
Minimum Limits:
$2,000,000
5. Network Security and Privacy Liability Insurance. During the term of this Contract,
Supplier will maintain coverage for network security and privacy liability. The coverage
may be endorsed on another form of liability coverage or written on a standalone
policy. The insurance must cover claims which may arise from failure of Supplier’s
security resulting in, but not limited to, computer attacks, unauthorized access,
disclosure of not public data – including but not limited to, confidential or private
information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling
Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must
furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this
Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to
Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the
Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must
be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide
certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in
this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY
INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including
their officers, agents, and employees, as an additional insured under the Supplier’s commercial
general liability insurance policy with respect to liability arising out of activities, “operations,” or
“work” performed by or on behalf of Supplier, and products and completed operations of
Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is
primary and not excess over or contributory with any other valid, applicable, and collectible
insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or
otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional
insureds for losses paid under the insurance policies required by this Contract or other
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insurance applicable to the Supplier or its subcontractors. The waiver must apply to all
deductibles and/or self-insured retentions applicable to the required or any other insurance
maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must
require similar written express waivers of subrogation and insurance clauses from each of its
subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this
Contract can be met by either providing a primary policy or in combination with
umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this
Contract must comply fully with applicable federal laws and regulations, and with the laws in
the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal,
state/provincial, and local licenses, bonds, and permits required for the operation of the
business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in
writing certain information to Sourcewell related to bankruptcy actions. If at any time during
this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in
writing.
Supplier certifies and warrants that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs
operated by the State of Minnesota; the United States federal government or the Canadian
government, as applicable; or any Participating Entity. Supplier certifies and warrants that
neither it nor its principals have been convicted of a criminal offense related to the subject
matter of this Contract. Supplier further warrants that it will provide immediate written notice
to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or
services from this Contract may be subject to additional requirements including the
procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional
requirements based on specific funding source terms or conditions. Within this Article, all
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references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment,
Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all
contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in
accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319,
12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending
Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing
regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated
herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal
program legislation, all prime construction contracts in excess of $2,000 awarded by non-
federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §
3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5,
“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction”). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non-federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The non-federal entity must report all suspected or reported violations to
the federal awarding agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor
regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non-federal entity must report
all suspected or reported violations to the federal awarding agency. Supplier must be in
compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where
applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve
the employment of mechanics or laborers must include a provision for compliance with 40
U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess
of the standard work week is permissible provided that the worker is compensated at a rate of
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not less than one and a half times the basic rate of pay for all hours worked in excess of 40
hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements
do not apply to the purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of intelligence. This provision is
hereby incorporated by reference into this Contract. Supplier certifies that during the term of
an award for all contracts by Sourcewell resulting from this procurement process, Supplier must
comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award
meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or
subrecipient wishes to enter into a contract with a small business firm or nonprofit organization
regarding the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the recipient or subrecipient
must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements,” and any implementing regulations issued by the awarding agency. Supplier
certifies that during the term of an award for all contracts by Sourcewell resulting from this
procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require
the non-federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Supplier certifies that during the term of this Contract will comply with applicable requirements
as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award
(see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.
§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3
C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier
certifies that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation by any federal
department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file
any required certifications. Suppliers must not have used federal appropriated funds to pay any
50
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person or organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a member
of Congress in connection with obtaining any federal contract, grant, or any other award
covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that
takes place in connection with obtaining any federal award. Such disclosures are forwarded
from tier to tier up to the non-federal award. Suppliers must file all certifications and
disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31
U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with
the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies
that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after
grantees or subgrantees submit final expenditure reports or quarterly or annual financial
reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier
must comply with the mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply
with all applicable provisions of the Buy American Act. Purchases made in accordance with the
Buy American Act must follow the applicable procurement rules calling for free and open
competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized
representatives of a federal agency must have access to any books, documents, papers and
records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under
this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The
right also includes timely and reasonable access to Supplier’s personnel for the purpose of
interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is
a state agency or agency of a political subdivision of a state and its contractors must comply
with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the
value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials
identified in the EPA guidelines.
51
111522-MUL
Rev. 3/2022 17
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or
reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to
this Contract or any purchase by a Participating Entity and is not subject to any obligations or
liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter
resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The
Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and
Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a
Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any
federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services,
Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to
the anticipated work under this Contract raises an actual or potential conflict of interest (as
described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in
writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and
Participating Entity are able to assess the actual or potential conflict; and provide any additional
information as necessary or requested.
R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources
and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it
will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies
that during the term of this Contract will comply with applicable requirements of 2 C.F.R. §
200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60
days’ written notice to the other party. However, Sourcewell may cancel this Contract
immediately upon discovery of a material defect in any certification made in Supplier’s
52
111522-MUL
Rev. 3/2022 18
Proposal. Cancellation of this Contract does not relieve either party of financial, product, or
service obligations incurred or accrued prior to cancellation.
Sourcewell Multihog Ltd.
By: __________________________ By: __________________________
Jeremy Schwartz Michael Ferris
Title: Chief Procurement Officer Title: Regional Sales Manager
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
53
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74
Memorandum
REPORT TO:City Commission
FROM:Jim Veltkamp, Chief of Police
Joseph Swanson, Deputy Chief of Police
SUBJECT:Authorize the City Manager to Sign a Master Services and Purchasing
Agreement with Axon Enterprise, Inc. for the Purchase of Body-Worn
Cameras, Patrol Vehicle Cameras, Conducted Energy Devices, and Associated
Digital Evidence Management.
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Master Services and Purchasing
Agreement with Axon Enterprise, Inc.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:
The Bozeman Police Department responds to approximately 50,000 calls for
service annually, generating more than 200,000 individual pieces of
electronic evidence. The Department’s current digital evidence management
system has experienced ongoing vendor service issues, resulting in significant
officer and staff time spent ensuring evidence accuracy, retention
compliance, and consistency across multiple platforms.
Following focused testing and evaluation, the Department is pursuing the
procurement of digital evidence solutions from Axon Enterprise Inc.,
including body-worn cameras, patrol car camera systems, conducted energy
devices, and associated digital evidence management. This procurement is
intended to modernize evidence collection and management, improve
operational efficiency, enhance officer safety and accountability, and
support greater community safety. This solution will also reduce
administrative workloads and provide officers with additional tools,
including language translation, while expanding community access to police
services.
The Department recognizes the importance of protecting individual privacy
75
and ensuring the responsible use of police technology. Existing Department
policies and state law establish the framework for authorized use, and the
Department has updated several policies to strengthen privacy protections,
establish appropriate safeguards, and ensure personnel receive the
necessary training to comply with applicable requirements.
This procurement represents an investment in modernizing the
Department’s technology infrastructure, improving service delivery,
strengthening accountability, and supporting the safety and well-being of
the Bozeman community.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As Recommended By the City Commission.
FISCAL EFFECTS:This agreement is for a period of five years (FY27-31) with a total cost of
$2,417,629.54 satisfied by annual payments over the five-year period. Funds
for this purpose were approved during the FY27-31 Capital Improvement
Plan and FY26-28 Biennium Budget.
Attachments:
Axon Master Services Agreement.pdf
Report compiled on: September 29, 2026
76
Master Services and Purchasing Agreement
Version: 24.1
Release Date: November 2025 Page 1 of 23
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the
Customer listed below or, if no Customer is listed below, the customer on the Quote (as defined below) ("Customer").
This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of the
Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs
Customer’s purchase and use of the Axon Devices and Services detailed in the Quote. It is the intent of the Parties that
this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and Services in the Quote,
and all such subsequent quotes accepted by Customer shall be also incorporated into this Agreement by reference as a
Quote. The Parties agree as follows:
1. Definitions.
1.1. "Axon Cloud Services" means Axon’s web services, including, but not limited to, Axon Evidence, Axon
Records, Axon Dispatch, FUSUS services, and interactions between Axon Evidence and Axon Devices or Axon
client software. Axon Cloud Service excludes third-party applications, hardware warranties, and
my.evidence.com.
1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are
a subset of Axon Devices.
1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices.
Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be void.
Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change
charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in
any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.
1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud
Services, and professional services.
2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or
have been terminated ("Term").
2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and
TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon
completion of the subscription stated in the Quote ("Subscription Term").
2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5
year term ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase
pricing to its then-current list pricing for any Renewal Term. New devices and services may require additional
terms. Axon will not authorize new services until Axon receives a signed Quote or accepts a purchase order,
whichever is first.
3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the
Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront annual
basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term. Payment
obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all past-due sums
at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay invoices
without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for
collection and attorneys’ fees.
4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon
a valid tax exemption certificate.
5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW
(Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the common
carrier. Customer is responsible for any shipping charges in the Quote.
6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by
state or federal law.
7. Warranty.
7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices, except for TASER devices covered under
the TASER Appendix, are free from defects in workmanship and materials for one (1) year from the date of
Customer’s receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt
and Axon-manufactured accessories, which Axon warrants for ninety (90) days from Customer’s receipt,
respectively, from the date of Customer’s receipt. Extended warranties run from the expiration of the one- (1-)
year hardware warranty through the extended warranty term purchased.
77
Master Services and Purchasing Agreement
Version: 24.1
Release Date: November 2025 Page 2 of 23
7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any
kind, either express or implied, including without limitation the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. Axon Devices and Services that are not
manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s
warranty and are only subject to the warranties of the third-party provider or manufacturer. If Customer
purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed,
controlled environments and must be used in compliance with all applicable laws and safety
guidelines. Operation in open or unapproved areas may result in signal interference, loss of control,
or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory
violations.
7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term,
Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon-
manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new.
Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of
the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.
7.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property,
and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for
service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and
retain a copy. Axon is not responsible for any loss of software, data, or other information contained in
storage media or any part of the Axon-manufactured Device sent to Axon for service.
7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number
of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to
replace broken or non-functioning units while Customer submits the broken or non-functioning units, through
Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and
risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this
Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices
for the intended purpose.
7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions;
(b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or
intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other
than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number.
Axon’s warranty will be void if Customer resells Axon Devices.
7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon
disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or
implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties
are limited to the duration of the warranty described above and by the provisions in this
Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement,
Customer has not relied on any statement or representation by Axon or anyone acting on behalf
of Axon related to the subject matter of this Agreement that is not in this Agreement.
7.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim,
demand, or action arising out of or relating to this Agreement will not exceed $1,000,000.
Neither Party will be liable for special, indirect, incidental, punitive or consequential damages,
however caused, whether for breach of warranty or contract, negligence, strict liability, tort or
any other legal theory.
7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is
governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales-
terms-and-conditions.
7.7. Third-Party Hardware, Software and Services. Use of hardware, software, or services other than those
provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-
party provider, including, without limitation, the terms applicable to such software or services located at
www.axon.com/sales-terms-and-conditions, if any.
78
Master Services and Purchasing Agreement
Version: 24.1
Release Date: November 2025 Page 3 of 23
7.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and
services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly
waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors,
employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but
not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the
Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not
to make or bring any such claim against any Release, and forever release and discharge all Releasees from
liability under such claims. Customer expressly allows Axon to publicly announce its participation in Axon Aid
and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately
upon notice to the Customer.
8. Free Trial.
8.1. Trial Period and License. At any time during the Term, Customer and Axon may elect to enter a free trial of
Axon Devices and Services new to the Customer for a designated period (“Trial Period”) as described in a
quote issued (“Trial Quote”). During the Trial Period, Axon grants Customer a nonexclusive, terminable, non-
transferable, license to use new Axon Devices and Services provided for trial to the Customer (“Trial Products”).
Trial Products may include Axon beta software or firmware which additional terms may be required and included
within the Trial Quote. Axon may limit the number of Trial Products Customer receives within the Trial Quote.
Axon may supply refurbished Trial Products. ALL FREE TRIAL PRODUCTS INCLUDING, WITHOUT
LIMITATION, AXON CLOUD SERVICES, ARE PROVIDED “AS IS” AND TO THE EXTENT NOT PROHIBITED
BY LAW, AXON DISCLAIMS ALL LIABILITY REGARDLESS OF THE CLAIM.
8.2. Trial Quote Termination. Upon at least 10 business days’ prior written notice to Axon at any time prior to the
end of the Trial Period, Customer may as its sole option, terminate the free Trial Period and underlying Trial
Quote associated with the Trial Products for convenience. Customer’s rights to the Trial Products will
immediately terminate at the end of the Trial Period, and Customer will return any Trial Products hardware to
Axon within 10 days after the effective date of such termination or at the end of the Trial Period, excluding used
CEW cartridges. If any individual component of the Trial Products is not returned, Axon will invoice Customer
the MSRP of the unreturned items. Customer agrees to pay the invoice along with any applicable taxes and
shipping. Customer will return the Trial Products to Axon in good working condition, minus normal wear and
tear. Axon may charge Customer if there is damage beyond normal wear and tear. Any Customer Content shall
be stored and returned pursuant to the Axon Cloud Services Terms of Use Appendix
9. Statement of Work. Certain Axon Devices and Services, including, but not limited to, Axon Interview Room, Axon
Channel Services, Axon Justice Implementation, FUSUS, and Axon Fleet, may require a Statement of Work that
details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only
responsible for the performance of Services described in the SOW. Additional services outside of the SOW, Quote,
or this Agreement are out of scope. The Parties must document scope changes in a written and signed change order.
Changes may require an equitable adjustment in fees or schedule. Any applicable SOW is incorporated into this
Agreement by reference.
10. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
11. Design Changes. Axon may make design or feature changes to any Axon Device or Service without notifying
Customer or making the same change to Axon Devices and Services previously purchased by Customer.
12. Combined Offerings. Some offerings in a Quote combine existing and pre-released Axon Devices or Services. Some
offerings may not be available at the time of Customer’s purchase. Axon will not provide a refund, credit, or additional
discount beyond what is in the Quote due to delay of availability or Customer’s choice not to utilize any portion of a
combined offering.
13. Insurance. Axon will maintain the following coverage:
• 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;
• Professional Liability - $1,000,000 per claim; $2,000,000 per occurrence; and
• Cyber Liability - $1,500,000 per claim; $3,000,000 per occurrence.
79
Master Services and Purchasing Agreement
Version: 24.1
Release Date: November 2025 Page 4 of 23
The above amounts must be exclusive of defense costs. Customer must be endorsed as a named insured on a primary
non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies.
14. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and
suggestions to Axon, including all related intellectual property rights. Customer will not cause any Axon proprietary
rights to be violated.
15. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any
third-party claim alleging that the use of Axon-manufactured Devices, Axon Cloud Services or Axon software (“Axon
Products”) infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide
Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and
cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not
apply to claims based on (a) modification of Axon Products by Customer or a third-party not approved by Axon; (b)
use of Axon Products in combination with hardware or services not approved by Axon; (c) use of Axon Products other
than as permitted in this Agreement; or (d) use of Axon Products that is not the most current software release provided
by Axon.
16. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or a
Customer-authorized user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer
and a third party over Customer’s use of Axon Devices with the exception of disputes that allege malfunction of Axon
Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer’s cost; and (e) any
regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.
17. Termination.
17.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the
breach to the other Party, and the breach remains uncured thirty (30) days after written notice. If Customer
terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated
basis based on the effective date of termination.
17.2. By Customer. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Customer
may terminate this Agreement. Customer will deliver notice of termination under this section as soon as
reasonably practicable.
17.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate. Customer
remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon
Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before
the end of the Term, Axon will invoice Customer the difference between the MSRP for Axon Devices procured,
including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-
appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the
standalone price of the individual Axon Device at the time of sale. For multiple Axon Devices that may be
combined as a single offering on a Quote, MSRP is the standalone price of all individual components.
18. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the
nature of the information or circumstances surrounding disclosure, should reasonably be understood to be
confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the
other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential
Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is
Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon
Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon
may publicly announce information related to this Agreement.
19. General.
19.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s
reasonable control.
19.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind
the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or
employment relationship between the Parties.
19.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
19.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race;
religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical
conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national
origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal
law.
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19.5. Compliance with Laws. Each Party will comply with all applicable federal, state, and local laws, including
without limitation, import and export control laws and regulations as well as firearm regulations and the Gun
Control Act of 1968. Customer acknowledges that Axon Devices and Services are subject to U.S. and
international export control laws, including the U.S. Export Administration Regulations (EAR) and International
Traffic in Arms Regulations (ITAR). Customer represents and warrants that neither it nor any End User is a
"Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or trade restrictions,
(2) appears on any U.S. government restricted party list, (3) engages in prohibited weapons proliferation
activities, or (4) is owned or controlled by, or acting on behalf of, such persons or entities. Customer must
promptly notify Axon of any change in status, and Axon may terminate this Agreement if Customer or any End
User becomes a Restricted Person or violates export laws.
19.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon
may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for
purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.
This Agreement is binding upon the Parties respective successors and assigns.
19.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of
that right.
19.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable,
the remaining portions of this Agreement will remain in effect.
19.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings,
Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections
of the Appendices.
19.10. Governing Law. The laws of the country, state, province, or municipality where Customer is physically located,
without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United
Nations Convention for the International Sale of Goods does not apply to this Agreement.
19.11. Notices. All notices must be in English. Notices posted on Customer’s Axon Evidence site are effective upon
posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective
immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be
provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy
to legal@axon.com.
19.12. Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached herein
for the products and services purchased, which are incorporated by reference and located in the Master
Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions,Quote and
any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior
agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This
Agreement may only be modified or amended in a writing signed by the Parties.
Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and
delivered this Agreement as of the date of signature.
AXON: CUSTOMER:
Axon Enterprise, Inc.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
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Axon Cloud Services Terms of Use Appendix
1. Definitions.
1.1. “Data Controller” means the natural or legal person, public authority, or any other body which alone or jointly
with others determines the purposes and means of the processing of Personal Data.
1.2. “Data Processor” means a natural or legal person, public authority or any other body which processes
Personal Data on behalf of the Data Controller.
1.3. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s
tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. Customer Content
includes Evidence but excludes Non-Content Data.
1.4. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a
subset of Customer Content.
1.5. “End User” means the natural person subject to Customer’s authorized license grant who ultimately uses the
Cloud Services as provided under this Agreement. End Users must adhere to the terms of use and are subject
to any usage restrictions or limitations specified in this Agreement.
1.6. "Non-Content Data" is data, configuration, and usage information about Customer’s Axon Cloud Services
tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices.
Non-Content Data includes data about users captured during account management and customer support
activities. Non-Content Data does not include Customer Content.
1.7. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable
natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such
as a name, an identification number, location data, an online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
1.8. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER energy weapon
deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports.
1.9. “Subprocessor” means any third party engaged by the Data Processor to assist in data processing activities
that the Data Processor is carrying out on behalf of the Data Controller.
1.10. "Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of the
performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.
2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon
Cloud Services to store and manage Customer Content. Customer may not exceed the total number of End Users
specified in the Quote. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence
access granted solely for TASER, Customer may access and use Axon Evidence only to store and manage TASER
CEW data ("TASER Data") and Customer may not upload non-TASER Data to Axon Evidence.
3. Customer Owns Customer Content. Customer controls and owns all rights, title, and interest in Customer Content.
Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s
business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content.
Axon will only have access to Customer Content for the limited purposes set forth herein. Customer agrees to allow
Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b)
enforce this Agreement or policies governing use of the Axon products.
4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content
against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security
program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk,
and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security
education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information
Services Security Addendum for its digital evidence or records management systems.
5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has the
necessary rights to use Customer Content (b) ensuring no Customer Content or Customer End User’s use of
Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary
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computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto
generated or AI-generated reports. If Customer becomes aware of any violation of this Agreement by an End User,
Customer will terminate that End User’s access to Axon Cloud Services.
5.1 Customer will also maintain the security of End User usernames and passwords and security and access by end
users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud
Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense
access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may suspend
Customer’s access. Customer shall contact Axon as soon as feasible if an unauthorized party may be using
Customer’s account or Customer Content, or if account information is lost or stolen.
5.2 To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be governed
by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.
6. Privacy. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current
version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Customer agrees to allow
Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic
screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and
(c) enforce this Agreement or policies governing the use of Axon products.
7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where
GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can
manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer
chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services
tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for
Customer’s Axon Cloud Services tenant.
8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon
Evidence account only if the Axon Device data is shared to Customer through Axon Evidence from a partner agency
using Axon Evidence, or the data originates from Axon Capture or an Axon Device. Axon may charge Customer
additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not
viewed or accessed for six (6) months into archival storage. Customer Content in archival storage will not have
immediate availability and may take up to twenty-four (24) hours to access.
8.1. Third-Party Unlimited Storage. For Third-Party Unlimited Storage the following restrictions apply: (i) it may
only be used in conjunction with a valid Axon Evidence user license; (ii) is limited to data of the law enforcement
Customer that purchased the Third-Party Unlimited Storage and the Axon Evidence End User; (iii) Customer
is prohibited from storing data for other customers or law enforcement agencies; and (iv) Customer may only
upload and store data that is directly related to (1) the investigation of, or the prosecution or defense of a crime,
(2) common law enforcement activities, or (3) any Customer Content created by Axon Devices or Axon
Evidence.
8.2. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will
determine the locations of data centers for storage of Customer Content If Customer is located in the United
States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in
the country where Customer is located Ownership of Customer Content remains with Customer.
9. Suspension. Axon may temporarily suspend Customer’s or any End User’s right to access or use any portion or all
of Axon Cloud Services immediately upon notice, if Customer or End User’s use of or registration for Axon Cloud
Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud
Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to
liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension. Axon will not
delete Customer Content because of suspension, except as specified in this Agreement.
10. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before
Customer uploads data to Axon Cloud Services Service Offerings will be subject to the Axon Cloud Services Service
Level Agreement, a current version of which is available at https://www.axon.com/products/axon-evidence/sla.
11. Roles of the Parties. To the extent that Customer is the Data Controller of Personal Data, Axon is its Data Processor.
To the extent that Customer is a Data Processor of Personal Data, Axon is its Subprocessor. Notwithstanding the
foregoing, to the extent any usage data (including query logs and metadata) and/or operations data (including billing
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and support data) in connection with Customer’s use of the Services (collectively “Usage and Operations Data”) is
considered Personal Data, Axon is an independent Data Controller and shall Process such data in accordance with
the Agreement and applicable data protection laws to develop, improve, support, and operate its products and
services. For the avoidance of doubt, Axon will not disclose any Usage and Operations Data that includes confidential
information with a third party except (a) in accordance with the relevant confidentiality provisions in the Agreement,
or (b) to the extent the Usage and Operations Data is, in accordance with applicable data protection laws,
anonymized, de-identified, and/or aggregated such that it can no longer directly or indirectly identify Customer or any
particular individual.
12. TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and effectiveness of
TASER energy weapons in the field across a variety of circumstances.
12.1. If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees
an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely
for the purposes of this Agreement and to create Transformed Data. Customer shall own all rights and title to
Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed
Data.
12.2. Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data
Science report provided to Customer for its own internal purposes. The Data Science report is provided “as is”
and without any warranty of any kind.
12.3. In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to privacy@axon.com.
Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to
collect Provided Data from Customer.
13. FUSUS. If Customer purchases a subscription to FUSUS, the following terms apply:
13.1. License and Storage. The specific license number(s) and associated data storage terms for FUSUS
subscription and Axon Devices shall be set forth in the applicable Quote provided by Axon.
13.2. Third party Components. Customer is responsible for use of any internet access devices and/or all third-party
hardware, software, services, telecommunication services (including Internet connectivity), or other items used
by Customer to access the service (“Third-Party Components”) are the sole and exclusive responsibility of
Customer, and Axon has no responsibility for such Third-party Components, FUSUS cloud services, or
Customer relationships with such third parties. Customer agrees to at all times comply with the lawful terms
and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud
services and the Customer Content are compatible with any specific third-party hardware or software or any
other Third-Party Components. Customer is responsible for providing and maintaining an operating
environment as reasonably necessary to accommodate and access the FUSUS cloud services.
13.3. Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context
of facilitating communication of data with Customer through their use of FUSUS cloud services FUSUS app
(iOS or Android interface), complying with legal requirements, monitoring the Customer’s use of FUSUS
systems, and undertaking data analytics.
14. Axon Community Request Storage. If Community Request is included as part of Customer’s Quote or combined
offering, Customer may store an unlimited amount of data submitted through the public portal ("Portal Content"),
within Customer’s Axon Evidence instance. The post-termination provisions outlined in the Axon Cloud Services
Terms of Use Appendix also apply to Portal Content.
15. Performance Auto-Tagging Data. If Axon Performance is included in Customer’s Quote or a combined offering,
Axon will store call for service data from Customer’s CAD or RMS in order to provide services and features of Axon
Performance to Customer.
16. Axon Cloud Services Restrictions. Customer and Customer End Users (including employees, contractors, agents,
officers, volunteers, and directors), may not, or may not attempt to:
16.1. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;
16.2. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source
code included in Axon Cloud Services, or allow others to do the same;
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16.3. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or
exceeding usage limits or quotas;
16.4. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this
Agreement;
16.5. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics
of Axon Cloud Services;
16.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark
notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or
16.7. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material
in violation of third-party privacy rights; or malicious code.
17. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud
Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content.
Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during
this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will
thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that
Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services.
18. Post-Termination Assistance. Axon will provide Customer with the same post-termination data retrieval assistance
that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in
downloading or transferring Customer Content, including requests for Axon’s data egress service, will result in
additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.
19. U.S. Government Rights. If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of a
U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software,"
"commercial computer software documentation," and "technical data", as defined in the Federal Acquisition
Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on
behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any
respect with federal law, Customer will immediately discontinue use of Axon Cloud Services.
20. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Customer
Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon
Cloud Services Restrictions.
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AI Technology Appendix
This AI Technology Appendix shall only apply to Customers who license Axon Cloud Services in a Quote that specifically
utilizes AI Technology. Unless explicitly defined otherwise, capitalized terms used in this Appendix have the same
meaning as those in the Agreement.
1. Definitions.
1.1. AI Technology. Refers to artificial intelligence functionalities embedded in Axon’s Cloud Services, which may
include: (a) Enhanced Evidence Management; (b) AI-powered redaction tools; (c) Large Language Model-
based tools (e.g., "Draft One" “Policy Chat”); (d) Predictive Analytics for operational insights; or (e) Natural
Language Processing (NLP) for text and speech analysis.
1.2. Model Drift. The degradation of AI model performance due to changes in input data or external conditions,
requiring retraining or updates.
1.3. Bias Mitigation. Strategies and techniques used to identify, measure, and minimize bias in AI Technology.
2. Scope and Usage.
2.1. Integration. Axon AI Technology is intended to improve public safety, streamline operations, and ensure data
accuracy. The AI functionalities will only be used as described in the Agreement or applicable documentation.
2.2. Data Use. Axon acts as a Data Processor for AI Technology. All inquiries submitted are processed solely to
provide accurate responses based on Customer Content submitted. Customer remains the Data Controller of
all Customer Content. Axon and Axon’s subprocessors do not train their models on Customer Content.
Customers who elect to participate in Axon’s ACEIP program can enter into custom agreements to assist in
product development efforts like AI model training. Even in those cases, Axon operates carefully on redacted
data and not on Customer Content.
2.3. Automatic Data Collection. AI Technology may automatically collect Non-Content Data about user
interactions with the service and their devices to enhance the functionality and security of the system. The
details collected include, but are not limited to, the following:
2.3.1. User Engagement and Activity Metrics. AI Technology may track key engagement statistics, including
Daily Active Users (DAUs), Weekly Active Users (WAUs), and Monthly Active Users (MAUs). Additional
metrics include new user activations, repeat usage rates, total queries submitted, follow-up query volume,
session lengths, retention rates, and user satisfaction ratings (e.g., thumbs up/down feedback).
2.3.2. Sales and Adoption Tracking. Axon monitors the number of licenses and agencies purchasing the
service, including those in trial phases, fully deploying the service, and conversion rates from trials to paid
subscriptions.
2.3.3. End User inputs. Axon may process de-identified end-user inputs to the AI Technology, excluding
Customer Content or any data that directly or indirectly identifies individuals.
3. Axon Responsibilities.
3.1. Ethical AI Development. Axon shall: (a) Follow its responsible innovation framework; (b) Engage with the
Ethics and Equity Advisory Council (EEAC) for feedback; (c) Conduct testing to minimize bias and ensure
reliability; and (d) Implement Bias Mitigation techniques in model development and deployment.
3.2. Security Program. Axon will maintain a comprehensive information security program, including logical and
physical access, vulnerability, risk, and configuration management; incident monitoring and response;
encryption of digital evidence; and security education.
3.3. Transparency. Axon will provide documentation describing AI functionalities and their intended use and
disclose any material limitations, risks, or Model Drift incidents.
3.4. Incident Response. Axon will promptly address and rectify anomalies in AI functionalities, as outlined in its
incident management procedures.
3.5. Compliance. Axon will ensure compliance with applicable laws, regulations, and standards, including but not
limited to the EU AI Act, NIST AI standards, and ISO/IEC 27001.
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4. Customer Responsibilities.
4.1. Ownership of Customer Content. Customer controls and owns all rights, title, and interest in Customer
Content. Axon obtains no interest in Customer Content and will only access Customer Content for limited
purposes as outlined in the Agreement.
4.2. Use of AI Technologies. Customer must: (a) review AI-generated outputs to ensure accuracy and
appropriateness; (b) maintain control over Customer Content shared with AI Technologies (c) comply with
applicable laws when using Axon AI Technology and Axon Services; and (d) monitor for potential issues with
AI outputs, including false positives or negatives.
4.3. Restrictions. AI Technology is not designed for emergencies, and in such cases, users should contact
appropriate emergency services directly. Axon disclaims liability for queries containing prohibited content, such
as hate, sexual material, or violence, and reserves the right to restrict such usage.
5. Amendments. Axon reserves the right to amend this Appendix to reflect changes in applicable laws or improvements
in AI Technologies. Axon will provide at least 30 days’ notice for any substantive changes.
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Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP") or a combined offering including TAP is on the Quote, this appendix applies.
1. TAP Warranty. The TAP specific warranty is an extended warranty that starts at the end of the one- (1-) year
hardware limited warranty.
2. Officer Safety Plan. If Customer purchases an Officer Safety Plan ("OSP"), Customer will receive the deliverables
detailed in the Quote. Customer must accept delivery of the TASER CEW and accessories as soon as available from
Axon.
3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term").
4. TAP Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer
a new Axon Device ("Device Refresh") as scheduled in the Quote. If Customer purchased TAP, Axon will provide a
Device Refresh that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the Device Refresh
will utilize the same accessories or Axon Dock.
5. TAP Dock Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide
Customer a new Axon Dock as scheduled in the Quote ("Dock Refresh"). Accessories associated with any Dock
Refreshes are subject to change at Axon discretion. Dock Refreshes will only include a new Axon Dock Bay
configuration unless a new Axon Dock core is required for Axon Device compatibility. If Customer originally purchased
a single-bay Axon Dock, the Dock Refresh will be a single-bay Axon Dock model that is the same or like Axon Device,
at Axon’s option. If Customer originally purchased a multi-bay Axon Dock, the Dock Refresh will be a multi-bay Axon
Dock that is the same or like Axon Device, at Axon’s option.
6. Refresh Delay. Axon may ship the Axon Device and Dock Refreshes as scheduled in the Quote without prior
confirmation from Customer unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon
may ship the final Axon Device and Dock Refreshes as scheduled in the Quote sixty (60) days before the end of the
Subscription Term without prior confirmation from Customer.
7. Upgrade Change. If Customer wants to upgrade Axon Device models from the current Axon Device to an upgraded
Axon Device, Customer must pay the price difference between the MSRP for the current Axon Device and the MSRP
for the upgraded Axon Device. If the model Customer desires has an MSRP less than the MSRP of the offered Axon
Device Refreshes or Dock Refresh, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of
the upgrade.
8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Refresh, Customer must return
the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon
including serial numbers for the destroyed Axon Devices. If Customer does not return or destroy the Axon Devices,
Axon will deactivate the serial numbers for the Axon Devices received by Customer.
9. Termination. If TAP or OSP terminates or expires:
9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.
9.2. Axon will not and has no obligation to provide the Upgrade Models.
9.3 Customer must make any missed payments due to the termination before Customer may purchase any future
TAP or OSP.
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TASER Device Appendix
This TASER Device Appendix applies to Customer’s TASER 7, TASER 10, OSP 7, OSP 10, OSP Plus, OSP 7 Plus
Premium and OSP 10 Plus Premium purchase from Axon, if applicable.
1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Customer must
purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that
only use a CEW for training. Customer may not resell cartridges received. Axon will only replace cartridges used in
the line of duty.
2. Training. If the Quote includes a TASER On Demand Certification subscription, Customer will have on-demand
access to TASER Instructor and TASER Master Instructor courses only for the duration of the TASER Subscription
Term. Axon will issue a maximum of ten (10) TASER Instructor vouchers and ten (10) TASER Master Instructor
vouchers for every thousand TASER Subscriptions purchased. Customer shall utilize vouchers to register for TASER
courses at their discretion; however, Customer may incur a fee for cancellations less than 10 business days prior to
a course date or failure to appear to a registered course. The voucher has no cash value. Customer cannot exchange
voucher for any other Device or Service. Any unused vouchers at the end of the Term will be forfeited. A voucher
does not include any travel or other expenses that might be incurred related to attending a course.
3. Limited Warranty.
3.1. “Deployment” means use of the TASER weapon resulting in the discharge of the conducted energy weapon
(“CEW”) cartridge probe. For TASER 10 each probe discharged is consider one Deployment and for TASER 7
the dual probe discharged is considered one Deployment.
3.2. Single User Warranty. If the TASER Device is assigned and used by a single user, Axon warrants that Axon-
manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year
from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.
3.3. Pooled User Warranty. If the TASER Device is assigned and used by multiple users, Axon warrants that Axon-
manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year
from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.
3.4. Training User Devices. If the TASER Device is used for training, Axon warrants that Axon-manufactured TASER
Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of
Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.
3.5. CEW Cartridges. Used CEW cartridges are deemed to have operated properly.
3.6. Remaining Terms. The remaining Warranty terms of the Agreement including Disclaimer, Claims, Spare Axon
Devices and Limitations shall apply to this TASER Device Appendix
3.7. Registration. Prior to use of the TASER Device, Customer must register each TASER Device in TASER Device
Axon Evidence tenancy as a single user, pooled or training device. Failure to properly register the TASER Device
prior to its use may void the warranty at Axon’s sole discretion.
4. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period begins
upon the expiration of the Limited Warranty. Each additional year of the warranty purchased will be in accordance
with the applicable Limited Warranty category above. The maximum warranty period for an individual TASER Device
will be five (5) years including the initial Limited Warranty.
5. Upgrade Change. If Customer wants to upgrade TASER Device from the current TASER Device to an upgraded
Axon TASER Device that was not available at the time the parties entered into the original Quote, Customer must
pay the price difference between the MSRP for the current TASER Device and the MSRP for the upgraded TASER
Device. If the model Customer desires has an MSRP less than the MSRP of the offered new TASER Device, Axon
will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.
6. Trade-in. If the Quote contains a discount on CEW-related line items and that discount is contingent upon the trade-
in of hardware, Customer must return used hardware and accessories associated with the discount ("Trade-In Units")
to Axon within the below prescribed timeline. Customer must ship batteries via ground shipping. Axon will provide
Customer with a pre-paid shipping label for the return of the Trade-In Units. If Axon does not receive Trade-In Units
within the timeframe below, Axon will invoice Customer the value of the trade-in credit. Customer may not destroy
Trade-In Units and receive a trade-in credit.
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Customer Size Days to Return from Start Date of TASER 10 Subscription
Less than 100 officers 60 days
100 to 499 officers 90 days
500+ officers 180 days
7. Customer Warranty. If Customer is located in the US, Customer warrants and acknowledges that TASER 10 is
classified as a firearm and is being acquired for official Customer use pursuant to a law enforcement agency transfer
under the Gun Control Act of 1968.
8. Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase order to Axon
prior to shipment of TASER 10.
9. Apollo Grant (US only). If Customer has received an Apollo Grant from Axon, Customer must pay all fees in the
Quote prior to upgrading to any new TASER Device offered by Axon.
10. Termination. If payment for TASER Device is more than thirty (30) days past due, Axon may terminate Customer’s
TASER Device plan by notifying Customer. Upon termination for any reason, then as of the date of termination:
10.1. TASER Device extended warranties and access to Training Content will terminate. No refunds will be given.
10.2. Customer will be responsible for payment of any missed payments due to the termination before being allowed
to purchase any future TASER Device plan.
10.3. Axon will invoice Customer the remaining MSRP for TASER Devices received before termination. If terminating
for non-appropriation, Axon will not invoice Customer if Customer returns the TASER Device, rechargeable
battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of
termination.
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Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.
1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with
Customer’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows End Users to
auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained in Customer’s
CAD or RMS.
2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote
support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if Customer
maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required
because Customer changes its CAD or RMS.
3. Changes. Axon is only responsible to perform the Services in this Appendix for Auto-Tagging and any applicable
SOW. Any additional Services are out of scope. The Parties must document scope changes in a written and signed
change order. Changes may require an equitable adjustment in fees or schedule.
4. Customer Responsibilities. Axon’s performance of Auto-Tagging Services requires Customer to:
4.1. Make available relevant systems, including Customer’s current CAD or RMS, for assessment by Axon
(including remote access if possible);
4.2. Make required modifications, upgrades or alterations to Customer’s hardware, facilities, systems and networks
related to Axon’s performance of Auto-Tagging Services;
4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Customer safety
and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to
perform Auto-Tagging Services;
4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration)
necessary for Axon to provide Auto-Tagging Services;
4.5. Promptly install and implement any software updates provided by Axon;
4.6. Ensure that all appropriate data backups are performed;
4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8. Provide Axon with remote access to Customer’s Axon Evidence account when required;
4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at
Customer; and
4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and
up-to-date documentation and information to Axon.
5. Access to Systems. Customer authorizes Axon to access Customer’s relevant computers, network systems, and
CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and
information Axon expects to use and will provide an initial list to Customer. Customer is responsible for and assumes
the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness,
and consistency of all data, materials, and information supplied by Customer.
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Axon ALPR Appendix
If Axon Fleet 2, Axon Fleet 3, or any future generation of Axon Fleet (collectively, “Axon Fleet”) (collectively all “ALPR
Products”) is included on the Quote, this Appendix applies.
1. Customer Responsibilities.
1.1. Customer must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon
ALPR Products as established by Axon during the qualifier call and on-site assessment at Customer and in
any technical qualifying questions. If Customer’s representations are inaccurate, the Quote is subject to
change.
1.2. Customer is responsible for providing a suitable work area for Axon or Axon third-party providers to install
Axon ALPR Products into Customer vehicles and/or at designated installation location(s).s Customer is
responsible for making available all vehicles for which installation services were purchased and preparing all
installation sites, during the agreed upon onsite installation dates, Failure to make vehicles available or
prepare installation sites may require an equitable adjustment in fees or schedule
2. Third-party Installer. Axon will not be liable for the failure of Axon Fleet, Axon Outpost, or Axon Lightpost
hardware to operate per specifications if such failure results from installation not performed by, or as directed by
Axon.
3. Upgrade. If Customer has no outstanding payment obligations and has purchased the "Fleet Technology
Assurance Plan" (Fleet TAP) or “Outpost Technology Assurance Plan” (Outpost TAP) or any lightpost extended
warranty or refresh, Axon will provide Customer with the same or like model of applicable Axon Devices included
in the applicable TAP ("Axon Upgrade") as scheduled on the Quote.
3.1. If Customer would like to change models for the Axon Upgrade, Customer must pay the difference between
the MSRP for the offered Axon Upgrade and the MSRP for the model desired. The MSRP is the MSRP in
effect at the time of the upgrade. Customer is responsible for the removal of previously installed hardware
and installation of the Axon Upgrade.
3.2. Within thirty (30) days of receiving the Axon Upgrade, Customer must return the original Axon Devices to
Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers
of the destroyed Axon Devices. If Customer does not destroy or return the Axon Devices to Axon, Axon will
deactivate the serial numbers for the Axon Devices received by Customer.
4. Axon Fleet Specific Terms.
4.1. Cradlepoint. If Customer purchases Cradlepoint hardware, software, or services, Customer will comply
with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the
Axon Evidence Subscription. If Customer requires Cradlepoint support, Customer will contact Cradlepoint
directly. By accepting a Quote including Cradlepoint products, Customer designates and authorizes Axon
as its partner of record for purposes of Cradlepoint product renewals, support coordination, and other
relevant functions. This designation applies to all Cradlepoint products acquired by Customer during the
Subscription Term of the applicable Quote whether directly from Cradlepoint, through Axon, or through any
third-party vendor or distributor. Axon shall have no liability to Customer or any third party arising out of or
relating to Axon’s acts or omissions as the Partner of Record. Customer has the right to opt out of this
authorization at any time by providing prior written notification to both Axon and Cradlepoint. Upon such
notification, the designation will be removed. This authorization remains effective until formally removed in
accordance with this section or as otherwise agreed between the parties in the Agreement.
4.2. Axon Vehicle Software License. Axon grants Customer a non-exclusive, royalty-free, worldwide,
perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing,
loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices.
The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription
4.3. Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon
Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any
process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use
Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in
whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or
sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or
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service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or
obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon
or Axon’s licensors on or within Axon Vehicle Software.
5. Wireless Offload Server
7.1 License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use
Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data
communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the
start of the Axon Evidence Subscription.
7.2 Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b)
reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS,
or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy
WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense
WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics
of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright
and trademark notices) of Axon or Axon’s licensors on or within WOS.
7.3 Updates. If Customer purchases WOS maintenance, Axon will make updates and error corrections to WOS
("WOS Updates") available electronically via the Internet or media as determined by Axon. Customer is
responsible for establishing and maintaining adequate Internet access to receive WOS Updates and
maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.
7.4 WOS Support. Upon request by Axon, Customer will provide Axon with access to Customer’s store and
forward servers solely for troubleshooting and maintenance.
6. Acceptance Checklist. If Axon provides Services to Customer pursuant to any statement of work in connection
with Axon ALPR Products, within seven (7) days of the date on which Customer retrieves Customer's vehicle(s)
from the Axon installer or Axon Outpost or Axon Lightpost installation is complete, said ALPR Products having
been installed and configured with tested and fully and properly operational hardware and software identified
above, Customer will receive a Professional Services Acceptance Checklist to submit to Axon indicating
acceptance or denial of said deliverables. In the event Customer does not respond to the Professional Services
Acceptance Checklist within seven (7) business days, the installation of the ALPR Products and services shall be
deemed accepted.
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Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.
1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software,
and contents thereof, provided by Axon to Customer related to virtual reality (collectively, "Virtual Reality Media").
2. Headsets. Customer may purchase additional virtual reality headsets from Axon. In the event Customer decides to
purchase additional virtual reality headsets for use with Virtual Reality Media, Customer must purchase those
headsets from Axon.
3. License Restrictions. All licenses will immediately terminate if Customer does not comply with any term of this
Agreement. If Customer utilizes more users than stated in this Agreement, Customer must purchase additional Virtual
Reality Media licenses from Axon. Customer may not use Virtual Reality Media for any purpose other than as
expressly permitted by this Agreement. Customer may not:
3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;
3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source
code of Virtual Reality Media, or allow others to do the same;
3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;
3.4. use trade secret information contained in Virtual Reality Media;
3.5. resell, rent, loan or sublicense Virtual Reality Media;
3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics
of Virtual Reality Media; or
3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark
notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.
4. Privacy. Customer’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current
version of which is available at https://www.axon.com/axonvrprivacypolicy.
5. Termination. Axon may terminate Customer’s license immediately for Customer’s failure to comply with any of the
terms in this Agreement.
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Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote.
1. Definitions.
1.1. "API Client" means the software that acts as the interface between Customer’s computer and the server, which
is already developed or to be developed by Customer.
1.2. "API Interface" means software implemented by Customer to configure Customer’s independent API Client
Software to operate in conjunction with the API Service for Customer’s authorized Use.
1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides
a programmatic means to access data in Customer’s Axon Evidence account or integrate Customer’s Axon
Evidence account with other systems.
1.4. "Use" means any operation on Customer’s data enabled by the supported API functionality.
2. Purpose and License.
2.1. Customer may use API Service and data made available through API Service, in connection with an API Client
developed by Customer. Axon may monitor Customer’s use of API Service to ensure quality, improve Axon
devices and services, and verify compliance with this Agreement. Customer agrees to not interfere with such
monitoring or obscure from Axon Customer’s use of API Service. Customer will not use API Service for
commercial use.
2.2. Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and
license during the Term to use API Service, solely for Customer’s Use in connection with Customer’s API Client.
2.3. Axon reserves the right to set limitations on Customer’s use of the API Service, such as a quota on operations,
to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond
the designated limits.
3. Configuration. Customer will work independently to configure Customer’s API Client with API Service for Customer’s
applicable Use. Customer will be required to provide certain information (such as identification or contact details) as
part of the registration. Registration information provided to Axon must be accurate. Customer will inform Axon
promptly of any updates. Upon Customer’s registration, Axon will provide documentation outlining API Service
information.
4. Customer Responsibilities. When using API Service, Customer and its End Users shall not:
4.1. use API Service in any way other than as expressly permitted under this Agreement;
4.2. use in any way that results in, or could result in, any security breach to Axon;
4.3. perform an action with the intent of introducing any virus, worm, defect, Trojan horse, malware, or any item of
a destructive nature to Axon Devices and Services;
4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks
providing API Service;
4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service
or any related software;
4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;
4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals
or entities to create links to API Service;
4.8. frame or mirror API Service on any other server, or wireless or Internet-based device;
4.9. make available to a third-party, any token, key, password or other login credentials to API Service;
4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or
4.11. disclose Axon’s API manual.
5. API Content. All content related to API Service, other than Customer Content or Customer’s API Client content, is
considered Axon’s API Content, including:
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5.1. the design, structure and naming of API Service fields in all responses and requests;
5.2. the resources available within API Service for which Customer takes actions on, such as evidence, cases,
users, or reports;
5.3. the structure of and relationship of API Service resources; and
5.4. the design of API Service, in any part or as a whole.
6. Prohibitions on API Content. Neither Customer nor its End Users will use API content returned from the API
Interface to:
6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer
than permitted by the cache header;
6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or
sublicense to any third-party;
6.3. misrepresent the source or ownership; or
6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark
notices).
7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Customer is required to
implement and use the most current version of API Service and to make any applicable changes to Customer’s API
Client required as a result of such API Update. API Updates may adversely affect how Customer’s API Client access
or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update
API Client to the most current version of API Service. Axon will provide support for one (1) year following the release
of an API Update for all depreciated API Service versions.
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Axon Channel Services Appendix
This Appendix applies if Customer purchases Axon Channel Service, as set forth on the Quote.
1. Definitions.
1.1. "Axon Digital Evidence Management System" means Axon Evidence or Axon Evidence Local, as specified
in the attached Channel Services Statement of Work.
1.2. "Active Channel" means a third-party system that is continuously communicating with an Axon Digital
Evidence Management System.
1.3. "Inactive Channel" means a third-party system that will have a one-time communication to an Axon Digital
Evidence Management System.
2. Scope. Customer currently has a third-party system or data repository from which Customer desires to share data
with Axon Digital Evidence Management. Axon will facilitate the transfer of Customer’s third-party data into an Axon
Digital Evidence Management System or the transfer of Customer data out of an Axon Digital Evidence Management
System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services will
not delete any Customer Content. Customer is responsible for verifying all necessary data is migrated correctly and
retained per Customer policy.
3. Changes. Axon is only responsible to perform the Services described in this Appendix and Channel Services SOW.
Any additional services are out of scope. The Parties must document scope changes in a written and signed change
order. Changes may require an equitable adjustment in the charges or schedule.
4. Purpose and Use. Customer is responsible for verifying Customer has the right to share data from and provide
access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW.
For Active Channels, Customer is responsible for any changes to a third-party system that may affect the functionality
of the channel service. Any additional work required for the continuation of the Service may require additional fees.
An Axon Field Engineer may require access to Customer’s network and systems to perform the Services described
in the Channel Services SOW. Customer is responsible for facilitating this access per all laws and policies applicable
to Customer.
5. Project Management. Axon will assign a Project Manager to work closely with Customer’s project manager and
project team members and will be responsible for completing the tasks required to meet all contract deliverables on
time and budget.
6. Warranty. Axon warrants that it will perform the Channel Services in a workmanlike manner.
7. Monitoring. Axon may monitor Customer’s use of Channel Services to ensure quality, improve Axon devices and
services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement.
Customer agrees not to interfere with such monitoring or obscure from Axon Customer’s use of channel services.
8. Customer’s Responsibilities. Axon’s successful performance of the Channel Services requires Customer:
8.1. Make available its relevant systems for assessment by Axon (including making these systems available to
Axon via remote access);
8.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety
and security restrictions imposed by the Customer (including providing security passes or other necessary
documentation to Axon representatives performing the Channel Services permitting them to enter and exit
Customer premises with laptop personal computers and any other materials needed to perform the Channel
Services);
8.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network
configuration) for Axon to provide the Channel Services;
8.4. Ensure all appropriate data backups are performed;
8.5. Provide Axon with remote access to the Customer’s network and third-party systems when required for Axon
to perform the Channel Services;
8.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services;
and
8.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators,
and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon
(these contacts are to provide background information and clarification of information required to perform the
Channel Services).
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Axon Investigate Appendix
If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third-Party Video Support License, the
following appendix shall apply.
1. License Grant. Subject to the terms and conditions specified below and upon payment of the applicable fees set
forth in the Quote, Axon grants to Customer a nonexclusive, nontransferable license to install, use, and display the
Axon Investigate software ("Software") solely for its own internal use only and for no other purpose, for the duration
of subscription term set forth in the Quote. This Agreement does not grant Customer any right to enhancements or
updates, but if such are made available to Customer and obtained by Customer, they shall become part of the
Software and governed by the terms of this Agreement.
2. Third-Party Licenses. Axon licenses several third-party codecs and applications that are integrated into the
Software. Users with an active support contract with Axon are granted access to these additional features. By
accepting this agreement, Customer agrees to and understands that an active support contract is required for all of
the following features: DNxHD output formats, decoding files via the "fast indexing" method, proprietary file metadata,
telephone and email support, and all future updates to the software. If Customer terminates the annual support
contract with Axon, the features listed above will be disabled within the Software. It is recommended that users remain
on an active support contract to maintain the full functionality of the Software.
3. Restrictions on Use. Customer may not permit any other person to use the Software unless such use is in
accordance with the terms of this Agreement. Customer may not modify, translate, reverse engineer, reverse compile,
decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws
specifically prohibit such restrictions. Customer may not rent, lease, sublicense, grant a security interest in or
otherwise transfer Customer’s rights to or to use the Software. Any rights not granted are reserved to Axon.
4. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the
Software and all changes, modifications, and enhancements thereof (including ownership of all trade secrets and
copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only
to the rights and privileges expressly granted by Axon. This Agreement does not provide Customer with title or
ownership of the Software, but only a right of limited use.
5. Copies. The Software is copyrighted under the laws of the United States and international treaty provisions. Customer
may not copy the Software except for backup or archival purposes, and all such copies shall contain all Axon’s notices
regarding proprietary rights as contained in the Software as originally provided to Customer. If Customer receives
one copy electronically and another copy on media, the copy on media may be used only for archival purposes and
this license does not authorize Customer to use the copy of media on an additional server.
6. Actions Required Upon Termination. Upon termination of the license associated with this Agreement, Customer
agrees to destroy all copies of the Software and other text and/or graphical documentation, whether in electronic or
printed format, that describe the features, functions and operation of the Software that are provided by Axon to
Customer ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing
regular backups of Customer's computer or computer system, Customer agrees not to access such media for the
purpose of recovering the Software or online Software Documentation.
7. Export Controls. None of the Software, Software Documentation or underlying information may be downloaded or
otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export
Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed
goods, to any person on the U.S. Treasury Department’s list of Specially Designated Nations, or the U.S. Department
of Commerce’s Table of Denials.
8. U.S. Government Restricted Rights. The Software and Software Documentation are Commercial Computer
Software provided with Restricted Rights under Federal Acquisition Regulations and Customer supplements to them.
Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. Seq. or 252.211-7015, or
subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as
applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800
North 85th Street, Scottsdale, Arizona 85255.
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Axon Event Offer Appendix
If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select
events hosted by Axon (“Axon Event”), the following shall apply:
1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide
Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected
employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer warrants that it is
appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer’s
understanding of the terms and conditions outlined in this Axon Event Offer Appendix.
2. Attendee/Employee Selection. Customer shall have sole and absolute discretion to select the Customer
employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event
offer(s).
3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations
and ethics rules regarding contributions, including gifts and donations. Axon’s provision of ticket(s), travel and/or
accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in
furtherance of its goals, and not the personal use or benefit of any official or employee of Customer. Axon makes this
offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be
expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not, as
a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements.
If Customer’s local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided
by Axon, Customer shall promptly contact Axon to obtain such information, and Axon shall provide the information
necessary to facilitate Customer's compliance with such reporting requirements.
4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided
under the Agreement.
5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability
of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation.
6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or
accommodation to Customer if Customer or its selected employees fail to meet the prescribed conditions or if changes
in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws,
regulations, and ethics rules regarding contributions, including gifts and donations.
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Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize City Manager to Sign a Professional Services Agreement with
Sanbell for Bikefill Community Park Bidding and Construction Administration
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign a Professional Services Agreement with
Sanbell for Bikefill Community Park Bidding and Construction Administration
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:The Bikefill Community Park and adjacent McIlhattan Road projects are
working together and being managed by the City of Bozeman Parks and
Recreation Department, Engineering and Transportation Department, and
the non-profit, Gallatin Valley Land Trust (GVLT). Certain components of the
Bikefill project are funded by GVLT and the other components are funded by
the City.
Since the inception of the two projects, Sanbell Engineering has been
involved as a contractor with GVLT for the design of park civil infrastructure,
including preparation of Site Plan Application 26278, that Parks and
Recreation plans to advertise for bid this fall. Likewise, through competitive
bid, the Engineering and Transportation Department chose Sanbell as the
design engineer and contract administrator for the McIlhattan Road project.
This Professional Services Agreement allows Sanbell to continue through the
bidding and construction process as a contractor with the City overseeing
the construction of the civil infrastructure under the Parks and Recreation
Department budget authority as outlined in the City's MOU with GVLT,
which primarily consists of the parking lot and associated landscaping,
stormwater facilities, and pathway connections.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Bikefill Community Bike Park was approved in the Fiscal Year 2027 Annual
100
Operating Budget
Attachments:
PSA_Bikefill_Sanbell.docx
Exhibit-A_Bikefill Bike Park_Bidding_CA.pdf
Report compiled on: September 24, 2026
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 6th day of October, 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 1st day of August, 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. 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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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.
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.
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
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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
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;
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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.
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
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
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opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
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
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
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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
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
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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 Addi Jadin, Park Planning and Development Manager, 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 Bobby Egeberg, 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.
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
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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.
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
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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
assign Contractor’s rights, including the right to compensation or duties arising hereunder, without
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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
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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.
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
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Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
38. 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 ****
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year
first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
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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_______
Exhibit A: Bikefill Bike Park Bidding and Construction Administration Proposal
August 24, 2026
Project Overview
Based on our previous discussions, it is our understanding that the Client is
prepared to move forward with the Bikefill Bike Park bidding and construction
administration necessary to serve the construction of the parking lot and associated
infrastructure to provide public access to the park. The new Bikefill Bike Park is
located between Story Mill and McIlhattan Roads, southeast of the existing Snowfill
Recreation Area in Bozeman City limits. The property is owned by the City of Bozeman
and is currently an inactive part of the City’s Solid Waste Facility.
The civil engineering and landscape architecture design for Bikefill Bike Park has
been included in a separate contract with Gallatin Valley Land Trust. The civil
engineering and landscape architecture improvements generally include paving a
new asphalt parking lot, access road, multi-use trail, stormwater improvements,
plantings, and irrigation, and erosion/grading improvements.
This proposal includes construction bidding and construction administration and
limited inspection for the Bikefill Bike Park construction. A detailed scope of services
is outlined below.
Scope of Work
Sanbell will provide the following services as part of the basic scope of work:
1. Phase I – Construction Bidding Services
This phase of the project will consist of one (1) round of construction bidding
services, including the following:
• Prepare bid manual including:
o Invitation to bid, instructions to bidders, bid form, bid bond, and
special provisions
o We assume Sanbell will manage the bid advertisement through
the QuestCDN portal.
• Contractor coordination through bidding, prepare up to two (2) addenda
• Facilitate pre-bid meeting, prepare agenda, and distribute minutes
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• Attend bid opening, review bid tabulation prepared by QuestCDN,
prepare recommendation of award letter and notice of award
• Process contracts for a single contract, verify bonding and insurance,
prepare notice to proceed
2. Phase 2 – Construction Administration & Limited Inspection
This phase of the project will consist of construction inspection and on-going
administration, including the following:
• Facilitate pre-construction meeting, prepare agenda, and distribute
minutes
• Shop drawing review
• Limited construction observation and documentation based on
assumed ten (10) site visits by either the engineer or landscape
architect to observe work in progress or answer contractor questions.
• Coordination of Materials Testing
o Since we are not providing full-time construction observation, we
assume the contractor will inform us of their construction
activities at the beginning of every week so we can assist
coordinating third-party material testing needs. We assume the
materials testing company will be selected per City term contract.
• Process pay applications submitted by contractor and any necessary
work change directives, verify material quantities on all contractor pay
requests
• Process the Certificate of Substantial Completion, coordinate final
inspection, prepare punch lists and verify completion
• Prepare as-built (record) drawings
• Prepare City of Bozeman close-out submittal
• Conduct 2-year warranty walkthrough, prepare punch list and verify
completion
Scope of Work Exclusions
Any services not discussed in the scope of work section of this proposal are excluded
from the contract. The following is a list of services expressly excluded from the
proposed scope of work:
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• Material testing and payment (by City term contract)
• Construction staking (by selected contractor)
• Construction inspection beyond the limited site visits included in the
scope
• Community outreach (by City staff)
Sanbell assumes no responsibility to perform any services not specifically listed in
the scope of work. If the Client and Sanbell agree in writing by an amendment to this
agreement, Sanbell will provide additional services as requested by the Client.
The above notwithstanding, Sanbell shall have the right but not the obligation to
provide, without advance authorization from the Client, other services made
necessary by the default of the contractor or Client, or by deficiencies, delays, or
defects in the work provided by the contractor. Sanbell shall provide written notice of
the provision of such services as soon as reasonably possible.
Project Staff
The following Sanbell staff will be assigned to the project:
Project Manager: Bobby Egeberg, PE
Senior Quality Reviewer: Danielle Scharf, PE, PTOE, LEED AP
Additional Project Staff: John Hayward
Kendra Piedalue, PLA, ASLA
Addison Martoncik, PLA, ASLA
Sanbell may, in its discretion, utilize additional or different personnel on the project.
Project Schedule
The anticipated schedule for this project is a fall/winter 2026 and spring 2027
construction with as-built documentation completed in the summer of 2027.
Fees and Billing Arrangements
Invoice and Billing: Sanbell will bill for its services on a time and materials basis
with a not to exceed amount of $47,600.00 as specified in the fee table below and
attached current rate schedule.
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Phase Scope Item Fee
Phase 1 Construction Bidding Services $ 9,600.00
Phase 2 Construction Administration & Limited Inspection $ 38,000.00
Fee Total: $ 47,600.00
Sanbell will submit monthly invoices to the Client for work accomplished during the
preceding invoice period. That invoice period will typically be approximately 30 days
and will follow a calendar month schedule.
Monthly invoices shall include, separately listed, any charges for services for which
time charges and/or unit costs shall apply. Such invoices shall also include,
separately listed, any charges for consultants retained by Sanbell, and reimbursable
costs. Such invoices shall be submitted by Sanbell as soon as possible after the end
of the month in which the work was accomplished and shall be due and payable by
the Client upon receipt. The Client agrees that the monthly invoice from Sanbell is
correct, conclusive, and binding on the Client unless the Client, within 20 working
days from the date of receipt of such invoice, notifies Sanbell in writing of alleged
inaccuracies, discrepancies, errors in the invoice, or the need for additional backup.
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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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Memorandum
REPORT TO:City Commission
FROM:Mike Maas, City Clerk
Cola Rowley, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
the Montana State University Extension Local Government Center (LGC) for a
Governance Annual Support Package
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
the Montana State University Extension Local Government Center (LGC) for a
Governance Annual Support Package
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The LGC provides support for local governments statewide. The Clerks' Office
routinely engages the LGC and would like to continue to leverage their
expertise with a number of projects upcoming. The benefits will allow City
staff to benefit from professional development and training opportunities
like the Montana Grown Leaders Academy and Board trainings that have
already been utilized.
The City Clerks' Office will be engaging for additional board trainings and
ongoing operations as individual scopes of service.
UNRESOLVED ISSUES:None
ALTERNATIVES:As per the City Commission
FISCAL EFFECTS:$18,500 within the City Clerks' Office Budget
Attachments:
SIGNED_260826_PSA-Local_Gov_Ctr.pdf
Report compiled on: October 9, 2026
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Professional Services Agreement for FY2026-27 Comprehensive Governance Annual Support Package
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121
North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Montana State University Extension Local Government
Center, 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 as the Comprehensive Annual Support Package 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 30th 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 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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5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor represents and warrants:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress, or performance of the Scope of
Services.
b. Contractor has the experience and ability to perform the services required by this
Agreement.
c. Contractor will perform the services in a professional, competent, and timely manner
and with diligence and skill.
d. Contractor has the power to enter into and perform this Agreement.
e. Contractor’s performance of this Agreement must not infringe upon or violate the
rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or
any other rights of any nature whatsoever, or violate any federal, state, and municipal laws.
Contractor agrees City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status: The Parties agree that Contractor is an independent
contractor for purposes of this Agreement and is not to be considered an employee of City for any
purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook
and is not considered a City employee for workers’ compensation or any other purpose. Contractor
is not authorized to represent City or otherwise bind City in any dealings between Contractor and
any third Parties.
Contractor must comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor must maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor must furnish City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
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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. Liability. MSU agrees to be responsible and assume liability for its own wrongful or
negligent acts or omissions, or those of its officers, agents or employees to the full extent required
by law. The Parties agree that the extent of liability of MSU, its officials and employees is controlled
and limited by the provisions of Title2, Chapter 9, MCA. Any provisions of this contract, whether or
not incorporated by reference shall be controlled, limited and otherwise modified to limit any
liability of the State of Montana and the Recipient to that set forth in the above-cited laws.
10. Insurance:
MSU agrees to provide the statutory self-insurance provided by the State of Montana. The
law (Title 2, Chapter 9 Montana Code Annotated) provides for tort liability self-insurance with limits
of $750,000 per claim and $1.5 million per occurrence and covers only the tort liability of MSU’s
officers, agents, and employees and may not expand that liability to include third parties.
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:
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a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions
of this Agreement, City may, by written notice, terminate this Agreement and Contractor’s right to
proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). City may
then take over the work and complete it, either with its own resources or by re-letting the contract
to any other third Party.
b. In the event of a termination pursuant to this Section 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.
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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
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.
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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
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 Mike Maas 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.
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,
b. Contractor’s Representative: Contractor’s Representative for the purpose of this
Agreement must be Ashley Kent (ashley.kent@montana.edu 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.
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ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
18. Laws and Regulations: 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
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a deep learning model that can generate high quality content such as stories or writings, images,
voice replication and music.
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.
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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
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. Except as otherwise specified in this MOU, each party
shall bear its own attorneys’ fees and costs, except to the extent an award of attorneys’ fees is
required under applicable Montana law.
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
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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.
29. Survival: The terms of this Agreement 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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38. 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 ****
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year
first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chuck Winn, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Associate Dean
Local Government Center
Carrie Ashe
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Exhibit A
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Memorandum
REPORT TO:City Commission
FROM:Benjamin R. Bailey, Neighborhood Services and Code Compliance Program
Manager
SUBJECT:Authorize the City Manager to sign a First Amendment to the Professional
Services Agreement with Clean Slate group for Professional Services
Agreement for Code Compliance Snow Removal Services 2025-2026
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a First Amendment to the Professional
Services Agreement with Clean Slate Group for Professional Services
Agreement for Code Compliance Snow Removal Services 2025-2026
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:This contract is for snow and ice removal services for delinquent properties
contrary to the Bozeman Municipal Code requirements of property owners
to remove snow and ice deposits from their adjacent sidewalks. This original
professional services agreement was approved December 2025 and this
amendment is to execute the provision of the contract to extend the
contract to June 2027.
UNRESOLVED ISSUES:None known
ALTERNATIVES:As directed by Commission
FISCAL EFFECTS:Abatement services are invoiced to the City of Bozeman, which then mail
invoices to the property owners responsible. The fiscal effect to the general
fund is negligible.
Attachments:
2026 PSA First Amendment Snow and Ice Removal
Services.docx
G.3
PSA_Code_Compliance_Snow_and_Ice_Removal_Services_2025_through_2026.pdf
First Amendment.pdf
Report compiled on: October 6, 2026
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Professional
Services Agreement for Code Compliance Snow Removal Services 2025-2026 dated
__12/9/2025__ (the “Agreement”) is made and entered into this 20th day of October, 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 Clean Slate Group, LLC., 34 Outlier Way, Bozeman, MT
59178, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the
Agreement as follows:
1. Extension of Term. Section 32 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on June 1st, 2027.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain in
effect.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA CLEAN SLATE GROUP, LLC
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and, Clean Slate Group, 34 Outlier Way,
Bozeman, MT, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 1st day of June, 2026, unless earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City, and
will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage
for all members and employees of Contractor’s business, except for those members who are
exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under
this Agreement. Such posting shall be removed only upon expiration or termination of this
Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
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both skilled in their trade and specialized in their field of work for all work to which they are
assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits,
and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate
for Non Construction Services in effect and applicable to Gallatin County, Montana, which
schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis.
Violation of the requirements set forth in the above State of Montana schedule of prevailing wage
rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall
maintain payroll records during the term of this Agreement and for a period of three (3) years
following termination of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
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any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this Section
must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City
as indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right
of contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in this Section.
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The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of
cancellation or non-renewal. Contractor shall notify City within two (2) business days of
Contractor’s receipt of notice that any required insurance coverage will be terminated or
Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any terms
or conditions of this Agreement, the City may, by written notice, terminate this Agreement
and the Contractor’s right to proceed with all or any part of the work (“Termination Notice
Due to Contractor’s Fault”). The City may then take over the work and complete it, either
with its own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
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c.Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the
City may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work
as may be necessary to preserve, protect, and maintain work already completed or
immediately in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of
the Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
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waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Ben Bailey or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is
required by this Agreement, such communication or submission shall be directed to the
City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Scott Aamodt or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to
Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed
given when delivered, if delivered by courier to Party’s address shown above during normal
business hours of the recipient; or when sent, if sent by email or fax (with a successful
transmission report) to the email address or fax number provided by the Party’s
Representative; or on the fifth business day following mailing, if mailed by ordinary mail to
the address shown above, postage prepaid.
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12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13.Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor
will not refuse employment to a person, bar a person from employment, or discriminate against a
person in compensation or in a term, condition, or privilege of employment because of race, color,
religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay
Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or
illegal drugs, by any employee or agent engaged in services to the City under this Agreement while
on City property or in the performance of any activities under this Agreement. Contractor
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acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
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21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
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to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of
this Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32.Extensions:this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case, however, may this Agreement run
longer than June 1st, 2027.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA CLEAN SLATE GROUP
CONTRACTOR (Type Name Above)
By________________________________By__________________________________
Chuck Winn, City Manager
Print Name: Ryan Rickert
Print Title: Owner/President
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A
2025-2026 SIDEWALK SNOW REMOVAL SCOPE OF SERVICES
1. WORK TO BE PERFORMED.
a. The conditions set forth herein shall apply to all work performed by the Contractor
on behalf of City.
b. The Contractor will perform all work in accordance with the standards found in
Bozeman Municipal Code Chapter 34 Article 6 acting in place of the land owner
when assigned by City representative.
2. SPECIFICATIONS.
a. The Contractor is to perform snow and ice removal of sidewalks and any other
areas determined by the City representative through various methods such as, but
not limited to: chipping, ice melts, blowing, shoveling, plowing, etc.
b. The Contractor is required to maintain a database, using a platform approved by
the City representative, of all documentation related to the execution of services
herein.
c. The City will prepare a weekly list of properties that are in violation of Bozeman
Municipal Code 34.06.010 through 34.06.050 and submit it to the Contractor no
later than Monday at 5:00 pm for each week in which Contractor services are
required. The City will take a photograph of the uncleared sidewalk for each property
in violation to document the condition of the snow on the property at the time
cleanup is ordered and to aid the Contractor in identification. The City will also take
a photograph of the door hanger left for each property in violation. Both photographs
will be provided to Contractor and must be maintained in a database organized by
each property address.
d. The Contractor will take a photograph of the property immediately before and
after the removal of snow. Photographs should show identifying scene markers as to
confirm address/property location. The property address, date and time of snow
removal activities must be recorded on the photographs. Photographs should be
taken from approximately the same location for easy reference at a later date. All
photographs must be maintained in a database organized by each address and
must accompany the Contractor’s billing invoice for payment of any snow removal
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work. The Contractor may be summoned to testify in court regarding photographs
and work performed.
e. The Contractor shall use equipment no wider than the sidewalk which is being
cleaned. Equipment shall be of a weight that will not damage the sidewalk or
adjacent property.
f. The Contractor shall maintain its operation within the public right of way.
g. Snow and ice must be completely removed from the sidewalks before payment
will be made to the Contractor and shall not be moved into streets.
h. If salt or other chemicals are used to loosen ice, only the minimum amount of salt
or other chemicals will be used to adequately perform this function and the
Contractor shall refrain from depositing any resulting salt/ice mixture onto private
property, grassed, or landscaped area. Pet and environmentally friendly salt are
preferred.
3. TIME.
a. The Contractor shall complete snow removal operations for each non-compliant
property within five (5) days of being assigned by the City.
b. The City shall grant an equivalent time extension for each day past the deadline
for submission to Contractor referenced in section 2c. The contractor may be
required to work on any day of the week, including holidays.
4. MATERIALS, EQUIPMENT ANDLABOR.
a. The Contractor undertakes and agrees to furnish and pay for all work equipment,
tools, materials, labor, transportation and supervision necessary to perform the
work herein described.
5. INDEPENDENT CONTRACTOR.
It is agreed that in the performance of the work herein specified, the Contractor is an
independent contractor, responsible to the City only as to the results to be obtained
in the work herein specified, and to the extent that the work shall be done in
accordance with the terms, plans and specifications furnished by the City.
6. PAYMENTS.
a. Payments shall be made by the City upon the Contractor furnishing satisfactory
evidence of the work performed. Payment shall be made at the rate of .47 cents per
square foot for sidewalks cleaned of snow and ice. The contractor shall keep written
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records necessary to justify claims for payment. Such records shall include the
address at which the work was performed, the date and time the work was done and
the square footage of abated work. The City shall make payment for work performed
within thirty days after receipt of a written claim in City accepted format for
payment.
b. The Contractor may charge a Mobilization Fee of not more than 50 dollars in the
event the Contractor is asked by the homeowner or the City to stop their work at any
time before the work is complete. In the event partial work was performed the
Contractor may charge the agreed rate for the square footage cleared in addition to
the Mobilization Fee.
c. The Contractor reserves the right to charge less than quoted per square foot price,
but not to raise prices without negotiating an amendment to the agreed upon
contract.
d. Contractor shall submit billings to the City no later than the 10th of the month for
all work completed during the prior month.
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152
153
Memorandum
REPORT TO:City Commission
FROM:Katie Canter, Contracts and Sports Parks Coordinator
Addi Jadin, Parks Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize the City Manager to Sign Amendment 1 to the Professional
Services Agreement with Beartooth Signs & Design, LLC for Wayfinding
Fabrication and Installation for the Raptor Route and Cattail Anchor Route.
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment 1 to the Professional
Services Agreement with Beartooth Signs & Design, LLC for Wayfinding
Fabrication and Installation for the Raptor Route and Cattail Anchor Route
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 original Professional Services Agreement was signed on June 23, 2026.
Following completion of additional engineering and design and receipt of
final permitting costs, an adjustment to the contract amount is necessary.
The contract amount will increase from $42,540.00 to $64,020.30.
The adjustment is attributable to the following:
Fabrication: An increase of $950.00 per kiosk reflects the additional
cost to fabricate the wayfinding kiosks.
Permitting: An increase of $380.30 reflects the difference between the
estimated permitting costs included in the original agreement and the
actual permitting costs.
Installation: An increase of $900.00 per kiosk reflects the additional
cost to install the wayfinding kiosks.
Original Contract Correction: The remaining increase corrects an error
in the original agreement, which reflected installation costs for only 1
kiosk rather than the six 6 kiosks included in the project scope.
This contract with Beartooth Signs and Design will enable the first round of
wayfinding kiosks within parks along the Raptor Route and Cattail Anchor
Route. The kiosk locations will include the "M" Trail, Story Mill Community
Park, Glen Lake Rotary Park, Cattail Lake Park, Bozeman Pond Park, and the
Bozeman Sports Park.
154
UNRESOLVED ISSUES:None.
ALTERNATIVES:None.
FISCAL EFFECTS:Funding for this project comes from FY26 general park and trail
improvements in the Park Land Trust Fund, FY27 Active Transportation and
Cattail Corridor projects in the Parks and Trails District Fund.
Attachments:
PSA Amendment 1 - Beartooth Signs and Design.pdf
Exhibit A - Scope of Services.pdf
Report compiled on: October 7, 2026
155
First Amendment to Professional Services Agreement for Beartooth Signs and Design LLC
FY 2027
Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Beartooth Signs
and Design LLC dated June 23rd, 2026 (the “Agreement”) is made and entered into this 20th day
of October 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 Beartooth Signs and Design LLC, 2887 Jackrabbit Ln,
Bozeman, MT 50718, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the
Agreement as follows:
1. Scope of Service: The Scope of Services (Exhibit A) has been updated to reflect accurate
quantity of installation, upgraded material, and associated costs.
2. Payment: Due to the change in Scope of Services described above, the new contract
amount is $64,020.30.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain in
effect.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
156
First Amendment to Professional Services Agreement for Beartooth Signs and Design LLC
FY 2027
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA [BEARTOOTH SIGNS AND DESIGN LLC]
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
157
QUOTATION & PURCHASE CONTRACT
Beartooth Signs
Job #1312
10/02/2026
Email: info@beartoothsigns.com
BILL TO
City of Bozeman - Parks and Rec
Address not found
2885 Jackrabbit Lane
Bozeman, MT 59718
United States
Website: www.beartoothsigns.com
Phone: 406-388-5900
QUANTITY DESCRIPTION UNIT COST COST
1 Prototype fabrication development and implementation
documentation for kiosks; designs become property of the City of
Bozeman
$2,000 $2,000
1 Engineering Analysis for Kiosks, with Stamped Drawings $1,000 $1,000
1 General Project Tasks (drawings, administration,
communication, consumables, etc.)
$1,000 $1,000
6 Fabrication of Kiosks
1/4"-thick 36"x68" 5052 or 6061 aluminum panel with 4"-radius
rounded corners at outside top and bottom, sandwiched between
uppermost portions of two 77" tall corten C5x6.7 c-channels welded
to 5/8"-thick 10"x10" corten base and 1/4"-thick 5"x5" corten filler
plate; 9 bolts/nuts/washers attaching c-channels and aluminum pane
and 4 anchor bolts attaching baseplate to concrete, all painted black
or single custom color; each face of aluminum panel covered with
printed UV-laminated vinyl (print-ready artwork from client, using
provided template); 26"x26" single-sided ACM map with printed UV-
laminated vinyl (print-ready artwork from client, using provided
template) attached to each side of kiosk using black hardware (note:
one kiosk has map on only one side); reflective vinyl on key elements:
main title, subtitle, map indicator spot, and on white M
$6,850 $41,100
1 Permit Acquisition Fee $250 $250
5 Bozeman Permit Fee, as calculated by city of Bozeman after permit
application submission
(kiosk at College M Trailhead is outside city limits and does not need
a permit from Gallatin County)
$254.06 $1,270.30
6 Installation of Kiosks
installation locations staked by client, confirmed by installer; anchors
and rebar cage embedded in 4' deep, 18" diameter concrete pier
extending 5" above grade; gap between concrete and baseplate about
1-1.5"; total height of sign after installation not to exceed 7 feet above
grade
$2,900 $17,400
Exhibit A
158
Subtotal $64,020.30
Total Tax $0
TOTAL CONTRACT $64,020.30
Required Deposit $0
FINAL BALANCE $64,020.30
THIS AGREEMENT IS ACCEPTED AND APPROVED BY:
City of Bozeman - Parks and Rec
Sign: ____________________
Print: ____________________
Date: ____________________
Beartooth Signs
Sign:_______________________
Print:_______________________
Date:_______________________
NOTES
PAYMENT SCHEDULE:
50% Fabrication/Project Start Payment: $23,310.15
--------- $21,270 previously paid; $2,040.15 remaining
50% Installation Start Payment: $8,700--------- Combined with $2,040.15 remaining above, next payment due: $10,740.15
Fabrication Completion/In-Shop Approval: $23,310.15
Installation Completion/Final Walk-Through: $8,700
Total Contract Amount: $64,020.30
Previously Paid: $21,270
Remaining Contract Balance: $42,750.30
Thank you for requesting an estimate.
Terms: This proposal may be withdrawn if not accepted within 30 days. By signing, Customer accepts Company's proposal
for the Job and agrees to all of the terms of the purchase contract.
159
Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Downtown Bozeman Partnership
SUBJECT:Authorize the City Manager to Sign a Second Amendment to the Professional
Services Agreement with Latta Consultants LLC dba Indigo West for the
Parking Vision Project 2025
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Second Amendment to the Professional
Services Agreement with Latta Consultants dba Indigo West LLC for the
Parking Vision Plan 2025 to extend the term of the agreement through
March 30, 2027.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:
The City of Bozeman and Latta Consultants dba Indigo West entered into a
Professional Services Agreement on October 7, 2025, for the Parking Vision
Plan. The project is intended to develop a comprehensive vision for
downtown parking, supported by community and stakeholder input.
As part of the First Amendment, the project scope was expanded to include
an Audience Insights process to provide additional data and community
input needed to inform the Parking Vision Plan. This work included review
and analysis of existing data, a community survey, stakeholder interviews,
and development of key findings and takeaways.
The Audience Insights work has now been completed and incorporated into
the development of the Parking Vision Plan. However, completing this
additional work required approximately four to six months beyond the
original project timeline. Additional time was necessary to conduct the
research and engagement, analyze the findings, and incorporate those
findings into the overall Parking Vision Plan document.
160
A draft of the Parking Vision Plan is now nearing completion. This Second
Amendment extends the term of the Professional Services Agreement to
March 30, 2026, to allow sufficient time to complete, review, and finalize the
Parking Vision Plan. All other terms and provisions of the agreement remain
in effect.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:There are no fiscal effects.
Attachments:
2026 PSA 2nd Amendment_Latta-ParkingVision.pdf
Report compiled on: September 29, 2026
161
SECOND Amendment to Professional Services Agreement for Parking Vision Plan 2025 FY 2026-FY 2027 Page 1 of 2
SECONDAMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR The Parking Vision Plan 2025 dated October 7, 2025 (the “Agreement”) is made and
entered into this 20th day of October, 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 Latta
Consultants dba Indigo West LLC, hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 30 of the Agreement is extended for an additional six (6)
month period. The Agreement shall terminate on March 30, 2027.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain in
effect.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
162
SECOND Amendment to Professional Services Agreement for Parking Vision Plan 2025 FY 2026-FY 2027 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA Latta Consultants dba Indigo West LLC
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
163
Memorandum
REPORT TO:City Commission
FROM:Anna Saverud, Chief Civil Attorney
SUBJECT:Authorize City Manager to Sign Third Amendment to Meadow Creek
Subdivision Payback Agreements for Sanitary Sewer, Traffic, and Water
Improvements, Assigning Rights to JBMBM Group, LLC.
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:I move to authorize the City Manager sign the Third Amendments to
Meadow Creek Subdivision Payback Agreements for Sanitary Sewer, Traffic,
and Water Improvements, Assigning Rights to JBMBM Group, LLC.
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:MCCapital LLC (MCC) has the rights, title, and interest in the Meadow Creek
Sanitary Sewer, Traffic, and Water Payback District Agreements. MCC
obtained interest in these payback districts from Meadow Creek Partners LLC
in 2010. As the City is responsible for assessing, collecting, and distributing
funds for the payback district agreements, the original agreements require
the City to provide written consent for any assignment of interest related to
the payback agreements. MCC has informed the City that the composition
of their organization has changed, and the members have reorganized as
JBMBM Group, LLC. MCC desires to assign their rights, interests and title in
the payback districts to JBMBM Group, LLC. Approving these amendments
to the payback agreements is the City's written consent to the assignment of
the interest.
For additional information or history of the payback districts, please see the
December 17, 2024, City Commission meeting where the City Commission
approved extending the duration of the payback periods for each district.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Attachments:
164
3rd Amendment to Sewer Payback.pdf
3rd Amendment to Traffic Payback.pdf
3rd Amendment to Water Payback.pdf
Report compiled on: October 5, 2026
165
Page 1 of 2
After recording, please return to:
Monte Beck
Beck Amsden & Stalpes, PLLC
155 Cobble Creek Road
Bozeman, Montana 59715
3rd AMENDMENT TO MEADOW CREEK SUBDIVISION PAYBACK AGREEMENT
FOR SANITARY SEWER IMPROVEMENTS
THIS AGREEMENT, made and entered into this 20th day of October 2026, by and
between the CITY OF BOZEMAN, a municipal corporation, organized under its Charter and the
laws of the State of Montana (“City”), and JBMBM Group, LLC.
WHEREAS, on February 25, 2008, the City of Bozeman entered into the Meadow Creek
Subdivision Payback Agreement for Sanitary Sewer Improvements with Meadow Creek
Partners, LLC and filed with the Gallatin County Clerk and Recorder as document number
2293493 (“Sanitary Sewer Payback Agreement”), thereby establishing the Meadow Creek
Sanitary Sewer Payback District (the “District”); and
WHEREAS, on October 29, 2010, Meadow Creek Partners, LLC assigned all of its
rights, title, and interest in the Sanitary Sewer Payback Agreement to McCapital LCC (“MCC”)
by the Amendment to Meadow Creek Subdivision Payback Agreement for Sanitary Sewer
Improvements, filed with the Gallatin County Clerk and Recorder as document number 2374743
(together with the Sanitary Sewer Payback Agreement, the “Amended Sanitary Sewer Payback
Agreement”); and
WHEREAS, on November 3, 2022, MCC submitted a request for a twenty (20) year
extension of the Amended Sanitary Sewer Payback Agreement; and
WHEREAS, on December 17, 2024, the City of Bozeman recognized and reestablished
the Meadow Creek Sanitary Sewer Improvements Payback District and extended the terms of the
Meadow Creek Subdivision Sanitary Sewer Improvements Payback Agreement for a period of
twenty (20) years in Resolution 5631 recorded with the Gallatin County Clerk and Recorder as
document number 2843200; and
WHEREAS, it is the desire of MCC to assign all of its rights, title, and interest in the
Agreement to JBMBM Group, LLC; and
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Page 2 of 2
WHEREAS, pursuant to the Agreement the City must provide written consent for MCC
to assign any right or obligation in the Agreement; and
THEREFORE, the undersigned hereto agrees and acquiesces to MCC assigning all the
right, title, and interest in the Agreement to JBMBM Group, LLC; and
THEREFORE, the terms of the Agreement shall continue in their operation and effect,
and no other terms thereto are being amended. City is solely providing its consent that the
Agreement be assigned to JBMBM Group, LLC.
IN WITNESS THEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN
_________________________________
CHUCK WINN
CITY MANANGER
JBMBM GROUP, LLC
_________________________________
MONTE BECK
REGISTERED AGENT
167
Page 1 of 2
After recording, please return to:
Monte Beck
Beck Amsden & Stalpes, PLLC
155 Cobble Creek Road Bozeman, Montana 59715
3rd AMENDMENT TO MEADOW CREEK SUBDIVISION PAYBACK AGREEMENT
FOR TRAFFIC SIGNAL IMPROVEMENTS
THIS AGREEMENT, made and entered into this 20th day of October 2026, by and
between the CITY OF BOZEMAN, a municipal corporation, organized under its Charter and the
laws of the State of Montana (“City”), and JBMBM Group, LLC.
WHEREAS, on January 29, 2008, the City of Bozeman entered into the Meadow Creek
Subdivision Payback Agreement for Traffic Signal Improvements with Meadow Creek Partners,
LLC and filed with the Gallatin County Clerk and Recorder as document number 2293491
(“Traffic Signal Payback Agreement”), thereby establishing the Meadow Creek Traffic Signal
Improvements Payback District (the “District”); and
WHEREAS, on October 29, 2010, Meadow Creek Partners, LLC assigned all of its
rights, title, and interest in the Traffic Signal Payback Agreement to McCapital, LCC (“MCC”)
by the Amendment to Meadow Creek Subdivision Payback Agreement for Traffic Signal
Improvements, filed with the Gallatin County Clerk and Recorder as document number 2374742
(together with the Traffic Signal Payback Agreement, the “Amended Traffic Signal Payback
Agreement”); and
WHEREAS, on November 3, 2022, MCC submitted a request for a twenty (20) year
extension of the Amended Traffic Signal Payback Agreement; and
WHEREAS, on December 17, 2024, the City of Bozeman recognized and reestablished
the Meadow Creek Traffic Signal Improvements Payback District and extended the terms of the
Meadow Creek Subdivision Traffic Signal Improvements Payback Agreement for a period of
twenty (20) years in Resolution 5632 recorded with the Gallatin County Clerk and Recorder as
document number 2843199; and
WHEREAS, it is the desire of MCC to assign all of its rights, title, and interest in the
Agreement to JBMBM Group, LLC; and
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WHEREAS, pursuant to the Agreement the City must provide written consent for MCC
to assign any right or obligation in the Agreement; and
THEREFORE, the undersigned hereto agrees and acquiesces to MCC assigning all the
right, title, and interest in the Agreement to JBMBM Group, LLC; and
THEREFORE, the terms of the Agreement shall continue in their operation and effect,
and no other terms thereto are being amended. City is solely providing its consent that the
Agreement be assigned to JBMBM, LLC.
IN WITNESS THEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN
_________________________________ CHUCK WINN
CITY MANAGER
JBMBM GROUP, LLC
_________________________________ MONTE BECK REGISTERED AGENT
169
Page 1 of 2
After recording, please return to:
Monte Beck
Beck Amsden & Stalpes, PLLC
155 Cobble Creek Road
Bozeman, Montana 59715
3rd AMENDMENT TO MEADOW CREEK SUBDIVISION PAYBACK AGREEMENT
FOR WATER IMPROVEMENTS
THIS AGREEMENT, made and entered into this _ ___ day of October 2026, by
and between the CITY OF BOZEMAN, a municipal corporation, organized under its Charter and
the laws of the State of Montana (“City”), and JBMBM Group, LLC.
WHEREAS, on January 29, 2008, the City of Bozeman entered into the Meadow Creek
Subdivision Payback Agreement for Water Improvements with Meadow Creek Partners, LLC
and filed with the Gallatin County Clerk and Recorder as document number 2293492 (“Water
Improvements Payback Agreement”), thereby establishing the Meadow Creek Water
Improvements Payback District (the “District”); and
WHEREAS, on October 29, 2010, Meadow Creek Partners, LLC assigned all of its
rights, title, and interest in the Water Improvements Payback Agreement to McCapital, LLC
(“MCC”) by the Amendment to Meadow Creek Subdivision Payback Agreement for Water
Improvements, filed with the Gallatin County Clerk and Recorder as document number 2374741
(together with the Water Improvements Payback Agreement, the “Amended Water Improvements
Payback Agreement”); and
WHEREAS, on November 3, 2022, MCC submitted a request for a twenty (20) year
extension of the Amended Water Improvements Payback Agreement; and
WHEREAS, on December 17, 2024, the City of Bozeman recognized and reestablished
the Meadow Creek Water Improvements Payback District and extended the terms of the Meadow
Creek Subdivision Water Improvements Payback Agreement for a period of twenty (20) years in
Resolution 5633 recorded with the Gallatin County Clerk and Recorder as document number
2843198; and
WHEREAS, it is the desire of MCC to assign all of its rights, title, and interest in the
Agreement to JBMBM Group, LLC; and
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WHEREAS, pursuant to the Agreement the City must provide written consent for MCC
to assign any right or obligation in the Agreement; and
THEREFORE, the undersigned hereto agrees and acquiesces to MCC assigning all the
right, title, and interest in the Agreement to JBMBM Group, LLC; and
THEREFORE, the terms of the Agreement shall continue in their operation and effect,
and no other terms thereto are being amended. City is solely providing its consent that the
Agreement be assigned to JBMBM Group, LLC.
IN WITNESS THEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN
_________________________________ CHUCK WINN
CITY MANAGER
JBMBM GROUP, LLC
_________________________________ MONTE BECK REGISTERED AGENT
171
Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership
SUBJECT:Resolution Authorizing Change Order 1 to the City of Bozeman Pedestrian
Crossing & Lighting Projects, Main Street Lighting Design Package 3
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:A Resolution Authorizing Change Order 1 to the City of Bozeman Pedestrian
Crossing & Lighting Projects, Main Street Lighting Design Package 3.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:
The City of Bozeman Pedestrian Crossing & Lighting Projects--Main Street
Lighting Design Package 3 involves pedestrian lighting improvements along
Main Street as part of the Downtown Urban Renewal District’s ongoing
effort to improve pedestrian safety, lighting and infrastructure within the
downtown district.
Attached is a copy of the proposed resolution and Change Order No. 1 for
the above-referenced project. This change order includes additional sidewalk
removal and replacement, traffic control for the additional work, irrigation
pipe sleeves under the new sidewalk, tree trimming adjacent to the
sidewalk, and a three-calendar-day contract extension. The additional work
results in a net increase of $24,899 to the Schedule IV contract amount,
increasing it from $256,452 to $281,351, and extending substantial
completion from 90 to 93 days. These additions were requested by the
owner as necessary work associated with completion of the project.
City staff and the project engineer have reviewed these changes and
associated costs and found them to be necessary and commensurate with
the work involved.
UNRESOLVED ISSUES:None
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ALTERNATIVES:As recommended by the Commission.
FISCAL EFFECTS:This change order will increase the contract amount by $24,899.00, bringing
the Schedule 4 construction cost from $256,452.00 to $281,351.00, which is
within the funding appropriated for the project.
Attachments:
Resolution--MT Lines_MainStLightingpkg3 .pdf
CHANGE ORDER-MT Lines.pdf
Report compiled on: October 6, 2026
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RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING
ALTERATION OR MODIFICATION OF CONTRACT WITH MONTANA LINES, INC. FOR THE CITY OF
BOZEMAN PEDESTRIAN CROSSING & LIGHTING PROJECTS, MAIN STREET LIGHTING DESIGN
PACKAGE 3.
WHEREAS, the City Commission authorized award of the bid for the City of Bozeman
Pedestrian Crossing & Lighting Projects, Main Street Lighting Design Package 3 to Montana Lines,
Inc.; and
WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such
alterations or modifications of the specifications and/or plans of the contract be made by
resolution; and
WHEREAS, it has become necessary in the prosecution of the work to make alterations
or modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit: that the proposed modifications and/or alterations to the contract between the
City of Bozeman, a municipal corporation, and Montana Lines, Inc., as contained in Change Order
No. 1, attached hereto, be and the same are hereby approved; and the City Manager is hereby
authorized and directed to execute the contract change order for and on behalf of the City; and
the City Clerk is authorized and directed to attest such signature.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 20th day of October, 2026.
___________________________________
JOEY MORRISON
Mayor
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ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Sam Bearzi, Fleet Manager
Nicholas Ross, Director of Transportation & Engineering
SUBJECT:Resolution Authorizing the Intent to Transfer One City-Owned 2005 Ford
Taurus, Asset 3269, to the City of Belgrade, Montana
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt the Resolution Authorizing the Intent to Transfer One City-Owned
2005 Ford Taurus, Asset 3269, to the City of Belgrade, Montana.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:In accordance with Montana Code Annotated Section 7-8-4201 and 7-8-101,
this resolution of intent supports the no-cost transfer of one surplus city-
owned asset to a partner government agency.
A 2005 Ford Taurus will be transferred to the City of Belgrade. This asset has
reached the end of its useful life for our Parking Division and was replaced in
FY22.
Staff have reviewed the asset transfer and recommend it serves a valid
public purpose while promoting interagency cooperation.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Resolution Supporting Asset Donation of Asset 3269, 2005
Ford Taurus
Report compiled on: September 11, 2026
177
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AUTHORIZING THE INTENT TO TRANSFER ONE CITY-OWNED 2005 FORD TAURUS, ASSET 3269,
TO THE CITY OF BELGRADE, MONTANA
WHEREAS, the City of Bozeman (“City”) owns a 2005 Ford Taurus (“Asset”) which is no
longer necessary for current or anticipated City operations;
WHEREAS, the Asset has served its useful life for City purposes and is no longer being
used or operated by the City; and
WHEREAS, the City has identified a partner agency with a legitimate public use for the
Asset;
WHEREAS, Section 7-8-4201, MCA, allows a municipality to lease, donate, or transfer any
personal property upon passage of a resolution by two-thirds vote of the governing body; and
WHEREAS, Section 7-8-101, MCA, further authorizes the transfer of property between
governmental entities;
WHEREAS, The Commission finds that the transfer of this asset will serve a valid public
purpose and promote interagency cooperation.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the following City Asset is approved for transfer:
1. 2005 Ford Taurus (Parking Division – Asset #3269)
IT IS FURTHER RESOLVED by the City Commission of the City of Bozeman, Montana that
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the Asset be transferred to the following identified partner agency:
2005 Ford Taurus shall be transferred at no cost to the City of Belgrade, Montana
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 20th day of October, 2026.
___________________________________
JOEY MORRISON
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
179
Memorandum
REPORT TO:City Commission
FROM:Shawn Kohtz, Utilities Director
Brian Heaston, Engineer III
Kelley Rischke, Assistant City Attorney
Greg Sullivan, City Attorney
SUBJECT:Final Adoption of An Ordinance Creating a New Division of Chapter 40 of the
Bozeman Municipal Code Related to Water Adequacy
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Adopt the ordinance.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:On September 15, 2026, the City Commission considered and unanimously
voted to provisionally adopt an Ordinance creating a new division of Chapter
40 of the Bozeman Municipal Code regarding water adequacy.
In evaluating the best place in code to address the provision of water
services to residents and the City's statutory authority to operate utilities,
staff has determined regulatory provisions related to water adequacy are
best located with other elements of the municipal code governing the City's
water system. Water adequacy regulations are currently located in Chapter
38 of the Bozeman Municipal Code. Relocating the water adequacy
provisions to Chapter 40 will improve operational efficiency and provide an
easier user experience for those searching for regulations related to the
provision of water services. Therefore, this Ordinance relocates the section
of code related to water adequacy for development to Chapter 40 Utilities,
creating a new Division 5 Water Adequacy.
No substantive changes to the code are proposed with this Ordinance. Code
requirements related to water adequacy are unchanged, with only
administrative edits made to clarify references to other sections of code and
references to the Director of Utilities instead of the "review authority."
These water adequacy provisions will be deleted from Chapter 38 of the
Bozeman Municipal Code as part of the next Ordinance to generally clean up
the Unified Development Code. A majority vote of the governing body would
be required to make this kind of amendment to adopted zoning regulations,
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pursuant to Montana Code Annotated section 76-25-304(1)(b).
Because the City Commission has not yet authorized the deletion of these
provisions from Chapter 38 by a majority vote, this Ordinance only proposes
to relocate the water adequacy provisions of Code to Chapter 40 and does
not amend zoning regulations by deleting these provisions from Chapter 38.
UNRESOLVED ISSUES:Staff will recommend removing the current water adequacy regulations
from Chapter 38 as part of the next Ordinance that addresses general clean
up of the Unified Development Code. Upon a majority vote of the City
Commission authorizing such amendments, staff will prepare an Ordinance
that removes the water adequacy provisions found in Bozeman Municipal
Code section 38.410.110 from Chapter 38.
ALTERNATIVES:Do not adopt the Ordinance and allow water adequacy provisions of the
code to remain in Chapter 38.
FISCAL EFFECTS:None.
Attachments:
An Ordinance Final Adopt Creating a New Division to BMC Ch
40 Re Water Adequacy.docx
Report compiled on: October 8, 2026
181
ORDINANCE 2026-___
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO CREATE
A NEW DIVISION OF CHAPTER 40 – UTILITIES OF THE BOZEMAN MUNICIPAL CODE TO RELATED
TO WATER ADEQUACY
WHEREAS, pursuant to Mont. Code Ann. § 7-13-4301 (2025), any city may “establish, build,
construct, reconstruct, or extend: … a water supply or distribution system … and operate and
maintain the facilities for public use.”; and
WHEREAS, the governing body of a municipality operating a municipal water system “shall fix
and establish, by ordinance or resolution, and collect rates, rentals, and charges for the
services, facilities, and benefits directly or indirectly afforded by the system, taking into account
services provided and benefits received,” and “the water and sewer rates, charges, and rentals
shall be as nearly as possible equitable in proportion to the services and benefits rendered”
pursuant to Mont. Code Ann. § 7-13-4304 (2025); and
WHEREAS, pursuant to Mont. Code Ann. § 7-13-4402 (2025), the City of Bozeman “has power
to adopt, enter into, and carry out means for securing a supply of water for the use” of the city
or its citizens; and
WHEREAS, a city may acquire private water supply systems or valuable water rights to supply
the city with water, pursuant to Mont. Code Ann. § 7-13-4403 (2025); and
WHEREAS, for the purposes of providing the City of Bozeman with an adequate water supply
for municipal and domestic purposes, the City “shall procure appropriate water rights and the
necessary real and personal property to make an adequate water supply available. The water
rights and property may be acquired by purchase, appropriation, location, condemnation
pursuant to Title 70, chapter 30, or in any other legal manner,” pursuant to Mont. Code Ann. §
7-13-4405 (2025); and
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WHEREAS, these standards are currently codified in Chapter 38 of the Bozeman Municipal
Code. However, the City has determined that operational efficiency and user experience will be
benefited by relocating these existing standards to Chapter 40 of the Bozeman Municipal Code
to locate them with other elements of the municipal code governing the City’s water system;
and
WHEREAS, the City Commission at its public hearing on _____________, 2026, considered all
relevant materials submitted by the staff and the public, along with the proposed draft text of
this Ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
That a new Article 2. Division 5. – Water Adequacy shall be added to Chapter 40 of the
Bozeman Municipal Code as follows:
Sec. 40.02.1500
A. Subject to subsection B and subsection C, prior to final approval by the review authority of
development occurring under chapter 38 or chapter 10, the applicant must offset the entire
estimated increase in annual municipal water demand attributable to the development
pursuant to subsection D.
B. Compliance with this section is triggered if the estimated increase in annual municipal
water demand attributable to the development exceeds 0.25 acre-feet after accounting for
the following items as they relate to the development:
1. Current average annual municipal metered water demand;
2. Water demand offsets from a prior payment of cash-in-lieu of water rights;
3. Water demand offsets from a prior transfer of water rights into city ownership,
and;
4. Water demand offsets from an existing water adequacy agreement or similarly
purposed document.
C. Compliance with this section is deferred for any of the following developments until the
occurrence of future development if the applicant records a notice of restriction on future
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development in a form acceptable to the review authority with the Gallatin County Clerk
and Recorder:
1. An annexation that expressly defers this section under an annexation agreement;
2. Individual lots of a subdivision final plat planned for future multiple-household
development;
3. Individual lots of a subdivision final plat planned for future commercial, industrial,
or institutional development, or;
4. Future phases of a phased site development.
D. The city will determine the estimated increase in annual municipal water demand
attributable to the development. The applicant must offset the estimated increase in
annual municipal water demand attributable to the development through one or more of
the following means:
1. Transfer of water rights into city ownership that are appurtenant to or associated
with the land being developed, or other water rights available from a water bank
or similar organization that may be available for transfer, that the city determines
are adequate to offset all or a portion of the municipal water demands
attributable to the development.
2. Implementation of onsite and/or offsite water efficiency and conservation
measures that reduce or offset the estimated annual municipal water demand
attributable to the development by one or more of the following methods:
a. Installation of high-efficiency indoor water using fixtures,
appliances, and products that are more water efficient than city-adopted
plumbing codes or state or federal minimum standards.
b. Installation of unirrigated, or minimally irrigated, drought resistant
or drought-tolerant landscaping that is more water conserving than the
minimum requirements outlined in the most recent version of the City of
Bozeman Landscape and Irrigation Performance and Design Standards
Manual and this chapter.
c. Installation of high efficiency or water conserving irrigation
componentry that exceeds the minimum requirements outlined in the
most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual and this chapter.
d. Installation of non-potable water supply systems for landscaping
irrigation purposes.
e. Other water efficiency and conservation methods brought forward
as part of the development by the applicant that the review authority may
at its discretion approve.
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3. Payment to the city of cash-in-lieu of water rights for that portion of the estimated
annual municipal water demand attributable to the development that is not offset
under 1. or 2. above.
E. The unit cost for payment of cash-in-lieu of water rights will be established by city
commission resolution. The cash-in-lieu of water rights payment amount provided by the
applicant under subsection D.3 must be calculated using the unit cost effective on the date
the payment is made to the city. The director of utilities must deposit all payments received
under this section, upon receipt, in the cash-in-lieu of water rights fund.
F. The disposition or transfer of any existing water rights appurtenant to or associated with
the lands upon which development is proposed that are determined by the city to be
adequate to offset all or a portion of the estimated municipal water demands attributable
to the development must be consistent with an annexation agreement, condition of
approval, or water adequacy agreement, as applicable.
1. Any other water rights associated with the land that are not transferred to the
City, or are not intended to be put to beneficial use within the development, must
either be severed from the land or terminated by the water rights owner.
2. A subdivider or other developer must:
a. Reserve all or a portion of the appropriation water rights owned by the
owner of the subject property, transfer the water rights to a single entity for use
by landowners within the subdivision or other development who have a legal right
to the water, and reserve and sever any remaining surface water rights from the
land;
b. If the land to be subdivided or otherwise developed is subject to a contract
or interest in a public or private entity formed to provide the use of a water right
on the subdivision lots, establish a landowner's water use agreement that is
administered through a single entity and that specifies administration and the
rights and responsibilities of landowners within the subdivision who have a legal
right and access to the water; or
c. Reserve and sever all surface water rights from the land;
d. Prior to severing water rights from the land the subdivider or other
developer must consult with the city on whether the water rights are suitable to
meet the requirements of this section. The city may require transfer of water
rights to mitigate impact of development.
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G. The city manager must adopt, and may from time to time amend, administrative
procedures to implement this section. The administrative procedures may include, but are
not limited to, the following items:
1. Standards established by the director of utilities to determine the estimated
increase in annual municipal water demand attributable to development.
2. Standards established by the director of utilities to determine water demand
offset amounts for implementation of water efficiency and conservation
measures.
3. Standards established by the director of utilities governing the determination of
adequacy of water rights transferred into city ownership and the amount of water
demand offsets for an adequate water rights transfer.
4. Standards established by the director of utilities that establish and govern the use
of water adequacy credits for that portion of demand offsets provided by an
applicant that are in excess of the estimated increase in annual municipal water
demand attributable to the development.
5. A process that provides for administrative appeals of determinations made by the
director of utilities under this section.
6. Standards governing acceptance of water right transfers into city ownership. The
standards may require a water adequacy agreement to be entered into between
the city and development applicant that at a minimum provides for performance
guarantees, security against defaults, the establishment and use of water demand
offsets or water adequacy credits, and recordation with the Gallatin County Clerk
and Recorder.
7. Standards that incentivize the transfer of water rights to the city which have the
greatest utility to the city and future development.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 3
Savings Provision.
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This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this Ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
The provisions of Section 1 of this Ordinance shall be codified in Chapter 40, Article 2 of
the Bozeman Municipal Code.
Section 6
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the _____ day of ________________, 20__.
____________________________________
JOEY MORRISON
Mayor
ATTEST:
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____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
JOEY MORRISON
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Victim Services Coordinator
SUBJECT:Special Presentation Victim Services
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Receive special presentation
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:TBD
UNRESOLVED ISSUES:N/A
ALTERNATIVES:N/A
FISCAL EFFECTS:N/A
Report compiled on: September 21, 2026
189
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Director of Community Development
SUBJECT:Resolution and Provisional Ordinance Adoption of the BRC North Loop, LLC
Annexation and the Establishment of Municipal Zoning (Formally Called PDI
Investments), Addressed as 2777 North 7th Avenue, Annexing 2.002 acres,
Application 20346
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motions:
Prior approval affirmation
Having reviewed and considered the terms of annexation, staff analysis,
materials provided, public comment, and all information presented, I find
the prior Commission approval to annex the BRC North Loop annexation is
valid, is in the City’s best interest, and remains in effect.
Revised terms of annexation
Having reviewed and considered the terms of annexation, staff analysis,
materials provided, public comment, and all information presented, I hereby
adopt the Resolution of Annexation for Application 20346, the BRC North
Loop Annexation, and direct the City Manager to accept and sign the
Annexation Agreement.
Provisional Adoption of Ordinance
Having reviewed and considered the staff analysis, materials provided,
public comment, and all information presented, I hereby provisionally adopt
the Ordinance for Application 20346.
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 property owner and Applicant for theBRC North Loop (formally called
the PDI Investments) annexation application requests to complete the
annexation process based on a March 9, 2021, approval. Several of the
terms and contingencies applied to the application in 2021 are no longer
relevant or impossible to meet. In addition, the work necessary to connect
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to city services was required to be completed by September 2022. Therefore,
the Commission must determine if the prior approval is still consistent with
City priorities and modify the terms of annexation from the previous
approval.
On March 9, 2021, the City Commission voted (4:1), Commissioner Wallner
dissenting, to annex an existing wholly surrounded parcel of property
subject to terms of annexation and voted (5:0) to establish an initial zoning
designation of B-2 to the property, subject to contingencies necessary to
complete the application processing.
Staff Report [External Link]
March 9, 2021, Agenda [External Link]
City Commission Minutes [External Link] from the March 9, 2021, meeting
Video recording [External Link] from the public hearing
At the time of annexation city utility services were some distance from the
subject property and would have required considerable investment to
construct necessary sewer and water mains to serve the property in the yet
to be constructed Flora Lane and Cultivar Street right-of-way. At that time,
initial discussions and plans were being developed for the North Park
Industrial Park. Based on this context, working collaboratively with the
applicant, staff suggested unique terms of annexation to allow the
application to proceed while ensuring all policies and requirements
associated with annexation were met, including a timing component that the
final process would not drag on indefinitely.
The North Park development has constructed required infrastructure to
serve development on site. Those improvements include construction of
Flora Lane, Cultivar Street, and sewer and water service adjacent to the PDI
Investments property.
Subsequently, the property was acquired by BRC North Loop, LLC in July
2026. The new property owner reviewed the revised annexation agreement
and is in support of the proposed edits and stated their intent to complete
the annexation process.
Staff Analysis
Analysis of the terms of annexation and contingencies for the adoption of
municipal adoption reached a supportive conclusion. In addition, staff
evaluated the revised City Annexation policy, Resolution 2025-07 [External
Link], and found no conflicts with the prior approval.
The following discussion provides justification for the proposed
modifications to the terms of annexation approved by the Commission,
shown as strike-out and underlying in the attached draft annexation
agreement.
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Term #11 (10). Municipal Service Connection – Sewer
Sewer service is constructed and is available in adjacent streets. There is no
immediate requirement that an annexed property connect to city service
upon annexation. City annexation policy restricts property from connecting
to city services without being annexed first. Once the property is formally
annexed, the property owner can design and construct the service
connections. Standard practice has allowed property owners to connect,
when necessary, due to a system failure or with further development.
Therefore, staff suggests striking the immediate connection requirement.
The applicant has stated their intent to connect as soon as possible upon
annexation. The applicant is in process of connection. If the Commission
considers a specific timeframe for connection after annexation to be
necessary, Staff suggests within 90 days of recording of the Resolution of
Annexation.
Engineering included a requirement that the sewer connection designs and
“Notice to Proceed” be on file with a Pre-construction meet prior to
September 2022. This step was missed. Staff requests the Commission to
determine if the prior approval is valid and if the final steps can proceed.
Staff recommends removal of this term of annexation as no longer relevant.
See the prior approval affirmation motion.
Term #12 (9). Municipal Service Connection – Water
Water service is constructed and is available in adjacent streets. There is no
immediate requirement that an annexed property connect to city service
upon annexation. City annexation policy restricts property from connecting
to city services without being annexed first. Once the property is formally
annexed, the property owner can design and construct the service
connections. Standard practice has allowed property owners to connect
when necessary and with further development. Therefore, staff suggests
striking the connection requirement. The applicant has stated their intent to
connect as soon as possible upon annexation. If the Commission considers a
specific timeframe for connection after annexation to be necessary, Staff
suggests within 90 days of recording of the Resolution of Annexation.
Term #13 (7, 11). Legal and Physical Access
There are two parts to this term. First, Montana Department of
Transportation (MDT) has no record of granting access to North 7th for this
property. Secondly, there is a requirement to abandon North 7th access and
construct a new access onto Cultivar Street.
The City requires legal and physical access to a property prior to
development. The existing access has never been reviewed or approved by
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MDT therefore, a term was included that prior to final annexation approval
the applicant must provide the City an approved encroachment agreement
from Montana Department of Transportation for the drive access.
An additional term was included stating that the Annexation Agreement
must require and include notice that the applicant must abandon their east
North 7th access and construct their future primary access off the proposed
Cultivar Street extension when Cultivar Street has been constructed and
formally accepted by the City. The intent of this term was to abandon the
North 7th access if MDT did not approve the existing encroachment.
Ongoing discussions with MDT indicate their desire to permit encroachment
with a right-in and right-out restriction. As discussed below, the access to N
7th affects fire service.
The secondary access, or primary access if MDT does not grant an
encroachment, must be constructed. Engineering has determined access
from the existing parking lot on to Cultivar is possible and agreed on its
general location. The applicant has submitted preliminary designs for
construction. Therefore, within 90 days of final annexation approval, the
applicant must establish two points of access to the site that reduce all dead
end driveway segments.
If the existing access will not be used, or if MDT approval is not granted and
no extension is requested or approved, the applicant must abandon and
remove the existing access within 90 days of final annexation approval, or
within the approved extended timeframe.
Term #14 (6). Fire Apparatus Turn Around
At the time of annexation application review the only street adjacent to the
property was North 7th Avenue. Therefore, the Fire Department required
that, prior to final annexation approval, the applicant must construct a fire
apparatus turnaround with an all-season road base at least 20 feet wide
reviewed and approved by the Bozeman Fire Department.
With the construction of Cultivar Street and Flora Lane the site is bounded
on three sides by streets. An access will be constructed from the parking lot
to Cultivar Street to the north. The additional access provides the necessary
circulation to safely maneuver emergency vehicles through the site and
eliminates the need for a fire apparatus turn around. Engineering has
determined access from the existing parking lot on to Cultivar is possible and
agreed on its general location. The applicant has submitted preliminary
designs for construction. Construction will be completed by October 1, 2026.
Construction of secondary access to Cultivar Street renders the fire
turnaround moot. Staff recommends removal of this term of annexation.
In addition, based on the evolving conditions on the ground including the
construction of a fire hydrant on the northeast corner of Cultivar and Flora
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(No. 3253) determined that no additional fire hydrants are needed to serve
the property.
UNRESOLVED ISSUES:As described in the background discussion and suggested motions.
ALTERNATIVES:1. Find that Term 11 was violated and the preliminary approval is null
and void and, if desired, require the applicant to re-apply for
annexation and follow the revised Annexation Policy review criteria
and the associated zone map requirements,
2. Find that annexation is in the best interest of the City, that the revised
terms of annexation are are in substantial compliance with the City’s
annexation policies, and adopt the Resolution of Annexation with
suggested modifications to the terms of annexation agreement,
3. The Commission suggests additional modifications to the terms of
annexation and direct staff to prepare a revised annexation agreement
for all parties to sign and bring the agreement back to the Commission
for consideration, or
4. As determined by the Commission.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment. Future
development will incur costs and generate review according to standard City
practices.
Attachments:
20346 PDI Annexation Agreement Strike Underline Draft.pdf
20346 PDI Annexation Agreement Revised Final.pdf
20346 BRC North Loop Annex Resolution.pdf
20346 BRC North Loop Ordinance.pdf
Report compiled on: October 5, 2026
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BRC NORTH LOOP Annexation Agreement, Application 20346 1
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 549771-1230
BRC NORTH LOOP
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this ______ day of __________________, 2026, by
and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse
Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and BRC North Loop,
LLC, 1174 Stone Ridge Drive, Suite 101, Bozeman, MT 59718, hereinafter referred to as
"Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the BRC NORTH LOOP ANNEXATION situated in Gallatin County, Montana, and
more particularly described as follows:
An area of land comprised described as follows:
Lot 7A of the Amended Plat (E-38-G) of the Gordon Mandeville State School Section
Subdivision, Situated in the Southeast One-Quarter (SE ¼) of Section 36, Township
One South (T1S0, Range Five East (R5E), Principal Meridian, Montana, Gallatin
County, Montana.
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BRC NORTH LOOP Annexation Agreement, Application 20346 2
The described tract has an area of 1.002 acres. The described tract is as shown on
the accompanying Exhibit A and is along with and subject to any existing easements.
All as depicted on the BRC NORTH LOOP Annexation Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of the BRC NORTH
LOOP ANNEXATION; and
WHEREAS, the BRC NORTH LOOP ANNEXATION is not within the corporate limits of the
City or other municipality and may therefore be annexed to the City in accordance with the
provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and
WHEREAS, all parties recognize the annexation of the BRC NORTH LOOP ANNEXATION
pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the BRC NORTH LOOP
ANNEXATION to connect to and utilize City services, including municipal water and sewer service,
parks and recreation, fire and police services, and the City’s transportation system; and
WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and
landowner can agree to the provisions of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the BRC NORTH LOOP
ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that
future improvements may require additional public infrastructure street improvements including
transportation for traffic circulation and the provisions of parks, recreation, police, and fire
services; and
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BRC NORTH LOOP Annexation Agreement, Application 20346 3
WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service, and provide transportation, parks,
recreation, police and fire service for development of the BRC NORTH LOOP ANNEXATION; and
WHEREAS, the parties have determined that it is in the best interests of the City and
Landowner, and in furtherance of the public health, safety and welfare of the community to enter
into and implement this Agreement.
WITNES S ETH :
IN CONSIDERATION of the mutual covenants and agreements herein contained, the
parties hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the BRC NORTH LOOP ANNEXATION
with the City on October 16, 2020. By execution of this Agreement, the City manifests its intent to
annex the BRC NORTH LOOP ANNEXATION tract pursuant to the terms and conditions of this
Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall,
upon execution of this Agreement, adopt a Resolution of Annexation of the BRC NORTH LOOP
ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things
required by this Agreement and all things necessary and proper to aid and assist the City in
carrying out the terms, conditions and provisions of this Agreement and to effect the annexation
of the BRC NORTH LOOP ANNEXATION.
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BRC NORTH LOOP Annexation Agreement, Application 20346 4
3. Services Provided
The City will, upon annexation, make available to the BRC NORTH LOOP ANNEXATION
existing City services only to the extent currently available, or as provided in this Agreement.
4. Municipal Water Service Defined
The term "municipal water service" as is used in this agreement shall be the service which
is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as
amended, as well as any other terms and conditions which apply to the City's provision of
municipal water service but does not include the extension of lines or construction of necessary
improvements at any cost to the City for delivery of water to and within the BRC NORTH LOOP
ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition,
engineering, construction, and other costs for the delivery of water to or within the BRC NORTH
LOOP ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or
development charges which have been or may be established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service which
is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as
amended, as well as any other terms and conditions which apply to the City's provision of this
service but does not include the extension of lines or construction of necessary improvements at
any cost to the City for collection of sewage at and within the BRC NORTH LOOP ANNEXATION.
Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering,
construction, and other costs for the collection of sewage services to or within the BRC NORTH
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BRC NORTH LOOP Annexation Agreement, Application 20346 5
LOOP ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or
development charges which may be established by the City.
6. Water Rights
The Landowner specifically recognizes and agrees the Landowner must provide water
rights or cash in-lieu of water rights upon further development or subdivision of the property in
accordance with Section 38.410.110, Bozeman Municipal Code. The City will calculate the
amount of water rights or cash-in-lieu thereof due at the time of further development or
subdivision of the property based on the annual demand for volume of water the development will
require multiplied by the most current annual unit price in effect on the date the water rights are
transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner
acknowledges that the rates for cash in-lieu of water rights may increase over time as established
by Resolution of the City Commission. The applicant must perform a water rights search to
determine if any exist for this property. The Landowner must transfer any water rights that exist for
this property to the City of Bozeman prior to development that the City of Bozeman determines
are useful for City purposes. If insufficient water rights exist, the Landowner must pay cash in lieu
of water rights, in an amount determined by the Director of Public Utilities, prior to development.
7. Comprehensive Water and Wastewater Design Report
Prior to future development of the property the City may require the Landowner to have
prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design
report evaluating existing capacity of sewer and water utilities in the area. The report must include
hydraulic evaluations of each utility for both existing and post-development demands, and the
report findings must demonstrate adequate capacity to serve the full development of the land. If
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BRC NORTH LOOP Annexation Agreement, Application 20346 6
adequate infrastructure capacity is not available for the proposed development, the report must
identify water or wastewater system improvements necessary for the proposed development. If
improvements to this water or wastewater system are necessary, the Landowner agrees prior to
development of the BRC NORTH LOOP ANNEXATION to complete, at Landowner’s expense, the
necessary system improvements to serve the proposed development.
8. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full
municipal services to the property in accordance with the City’s Infrastructure Master Plans and
all City regulations, policies and guidelines that may be in effect at the time of any future
development. Thus, Landowner understands and agrees Landowner has no right, either granted
or implied, for it to further develop any of the BRC NORTH LOOP ANNEXATION until it is verified by
the City that the necessary municipal services, including but not limited to police and fire
protection, parks and recreation, transportation, and sewer and water capacity, are available to
all or a portion of the BRC NORTH LOOP ANNEXATION. Notice is thus provided to the Landowner
that prior to additional development of the property, the Landowner will be solely responsible for
installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full
municipal services to the BRC NORTH LOOP ANNEXATION in accordance with the City’s
infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations,
policies and guidelines that may be in effect at the time of development.
9. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the BRC NORTH LOOP
ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the
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BRC NORTH LOOP Annexation Agreement, Application 20346 7
runoff from public streets and other impermeable surfaces may be required to be provided to and
approved by the City Engineer at the time of any future development. The plan must demonstrate
that adequate treatment of runoff from public streets, other impermeable surfaces, and all future
lots will be achieved by providing spot elevations, flow direction arrows, detention and/or
retention basin details (including basin sizing calculations and basin typical sections), outlet
structure details, and culvert capacity calculations. The plan must also locate and provide
easements for adequate drainage ways within the BRC NORTH LOOP ANNEXATION to transport
treated runoff to the stormwater receiving channel. The plan shall include site grading and
elevation information, typical stormwater detention/retention basin and discharge structure
details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the
City may require such Stormwater Master Plan to be implemented in all or part as a condition of
approval of development of the BRC NORTH LOOP ANNEXATION.
10. Waiver of Right-to-Protest Special Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts
(SID) or Special Improvement Districts for street and transportation improvements including
design and engineering, paving and subsurface improvements, curb and gutter, sidewalk and
stormwater drainage facilities, and fiber optic conduit for the following streets identified by the
Development Review Committee for:
a. Intersection improvements to West Griffin Drive and North 7th Avenue include lighting,
signalization/channelization, paving, curb/gutter, sidewalk, shared use path and storm
drainage.
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BRC NORTH LOOP Annexation Agreement, Application 20346 8
The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment
of construction and maintenance costs for such improvements. The waiver is attached hereto as
Exhibit “C” and is hereby incorporated in and made a part of this Agreement.
B. Landowner agrees that in the event a special district or an SID is not utilized for the
completion of these improvements as described in subsection A above, the Landowner shall
participate in an alternative financing method for the completion of the improvements on a fair
share, proportionate basis as determined by the City on the basis of the square footage of
property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
C. Landowner understands and agrees that the City will choose creation of a SID or
special district or an alternative financing method for the completion of the improvements and
may use either financing option at any time.
11. Municipal Service Connection - Sewer
Landowner understands and agrees that the applicant must connect to municipal sanitary
service when the same are readily available and also that the applicant will be solely responsible
for installing any facilities required to provide full municipal services to the property in accordance
with City policy within 90 calendar days of recording of the Resolution of Annexation for the BRC
North Loop Annexation.
Exhibit A (as provided with the annexation application) and attached herein as Exhibit
“B”, shows that the applicant proposes to extend sewer main along Flora Lane,
ultimately connecting to an existing sewer main located south of the subject property.
Engineering is in agreement with the alignment of the proposed sewer main extension
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BRC NORTH LOOP Annexation Agreement, Application 20346 9
and that the applicant must complete these infrastructure improvements prior to the
adoption of Resolution of Annexation.
The applicant must construct water and sewer services in accordance with City design
and specifications and the same must be approved by the City prior to the installation of
the water and sewer lines.
The applicant is advised that the downstream sanitary sewer main does not currently
connect to the City’s overall collection system. Therefore, prior to the adoption of
Resolution of Annexation the applicant must construct the required sanitary
infrastructure improvements (i.e. the sanitary sewer main extension and service stub).
The Applicant must agree in the Annexation Agreement to connect to the collection
system under either of the following circumstances:
a) The adjacent North Park development completes their downstream sanitary
sewer infrastructure. The applicant would be notified by the City when the
downstream connection is available. The Annexation Agreement will require the
applicant to connect to the City’s collection system and abandon the existing
on-site treatment system within six months of the completion of the
downstream sanitary sewer infrastructure; or
b) If the applicant’s existing on-site sewage treatment system fails prior to North
Park completing their downstream sanitary sewer connection, the applicant
must complete the downstream connection and abandon their existing on-site
sewage system and connect to the City’s collection system within six months
of the on-site sewage treatment system failing. If the existing on-site septic
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BRC NORTH LOOP Annexation Agreement, Application 20346 10
system fails, the applicant agrees it will not seek a variance for a new system
from the Gallatin City County Board of Health.
The applicant must submit plans and specifications for the sewer main extension to
the City’s engineering division for review and final approval prior to construction. The
City will not distribute the Annexation Agreement until after the Notice to Proceed for
the work and the Pre-Construction meeting with the City Engineering Department. The
City must be informed by the applicant of the Notice to Proceed and the completion of
the Pre-Construction meeting prior to September 2022 or the annexation will be null
and void.
Sewer services must be constructed in accordance with design and specifications
approved by the City prior to the installation of the sewer line. Landowner must contact the
City Water and Sewer Superintendent and Building Division to obtain details of
construction requirements. Landowner must notify the City Water and Sewer
Superintendent a minimum of 48 hours prior to construction of the services and
disconnection of the septic system abandonment. Landowner further understands and
agrees that prior to connection to the City sewer system, the existing on-site sewage
treatment system must be properly abandoned and certification provided to the City Water
and Sewer Superintendent that the abandonment occurred. The applicant must report the
abandonment to the Gallatin City County Health Department. In addition to abandonment
of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer
service to the septic tank has been completely disconnected from the old septic system
prior to connection to the City sanitary sewer system.
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BRC NORTH LOOP Annexation Agreement, Application 20346 11
The City Water and Sewer Superintendent may perform an inspection of the
property and certify that the disconnection of the septic system abandonment are properly
completed. Landowner understands and agrees that if Landowner fails to properly
abandon the existing system and/or fails to disconnect the existing well from the domestic
water piping as required herein the City may upon ten day's written notice to the Landowner
terminate water and/or sewer services to the property. Costs of all disconnects and/or
subsequent reconnects shall be borne by Landowner.
12. Municipal Service Connection - Water
Landowner or a subsequent landowner understands and agrees that they must
connect to municipal water service and is responsible for installing any facilities required to
provide full municipal services to the property in accordance with City policy within 90
calendar days of recording of the Resolution of Annexation for the BRC North Loop
Annexation.
Exhibit A (as provided with the annexation application), shows that the applicant
proposes to extend water main along Flora Lane and Cultivar Street, ultimately looping
the water main across North 7th Ave. Engineering is in agreement with the proposed
water main extension and overall alignment and that the applicant must complete
these infrastructure improvements prior to the adoption of Resolution of Annexation.
The applicant must construct water and sewer services in accordance with City design and
specifications and the same must be approved by the City prior to the installation of the water and
sewer lines. The applicant must coordinate with the City’s fire department to determine if a
hydrant will be required to service the subject property. If a hydrant is required, the applicant
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BRC NORTH LOOP Annexation Agreement, Application 20346 12
must construct the hydrant and all required service lines at the time the sewer and water
services are constructed.
Water service must be constructed in accordance with design and specifications approved
by the City prior to the installation of the water line. Landowner must contact the City Water and
Sewer Superintendent to obtain details of construction requirements. Landowner must notify the
City Water and Sewer Superintendent a minimum of 48 hours prior to construction of the services
and disconnection of the well.
Any wells presently used for domestic purposes may be retained for irrigation only, with no
physical connection to domestic water piping. Certification that there is no physical connection
between an on-site well and the domestic water piping must be provided. The City Water and
Sewer Superintendent may perform an inspection of the property and certify that the
disconnection of the well and septic system abandonment are properly completed. Landowner
understands and agrees that if Landowner fails to properly abandon the existing system and/or
fails to disconnect the existing well from the domestic water piping as required herein the City
may upon ten day's written notice to the Landowner terminate water and/or sewer services to the
property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner.
13. Legal and Physical Access
Legal and physical access is required for all properties within City Limits.
The Annexation Agreement must require and include notice that the applicant must
abandon their east North 7th access and construct their future primary access off of the
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BRC NORTH LOOP Annexation Agreement, Application 20346 13
proposed Cultivar Street extension when Cultivar Street has been constructed and
formally accepted by the City.
The applicant must construct and maintain at least one point of vehicular
access to the site from Cultivar Street prior to final annexation approval, subject to
review and approval by the City’s Department of Transportation & Engineering and Fire
Department.
Within 90 days of final annexation approval, the applicant must establish a
second point of access to the site that reduce all dead-end driveway segments to less
than 150 feet or construct a fire apparatus road with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fire apparatus
weighing up to 75,000 pounds per the current adopted fire code and approved by the
Bozeman Fire Department.
If the applicant cannot meet this requirement within the initial 90-day
timeframe, they may request one written extension from the Bozeman Fire
Department, demonstrating good cause and proposing a revised completion date. The
Fire Department may grant one extension at its discretion.
14. North 7th Access / Encroachment
The existing access from North 7th has not been reviewed or approved by the
Montana Department of Transportation.
If the subject property proposes to utilize the existing access to North 7th
Avenue, the applicant must provide the City with an approved encroachment
agreement from the Montana Department of Transportation (MDT) for the existing
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BRC NORTH LOOP Annexation Agreement, Application 20346 14
driveway access within 90 calendar days of the recording of the Resolution of
Annexation of the PDI Annexation with the Gallatin County Clerk and Recorder.
Until MDT approval is granted and the access has been designed, reviewed, and
constructed to meet City of Bozeman standards, the existing access must remain
closed and blocked to all vehicular use. If MDT approval is not obtained within the
initial 90-day timeframe, the applicant may request one written extension from the
City’s Director of Transportation & Engineering, stating the reason for the delay and
proposing a revised completion date. The Director may grant one extension at their
discretion.
If the existing access will not be used, or if MDT approval is not granted and no
extension is requested or approved, the applicant must abandon and remove the
existing access within 90 days of final annexation approval, or within the approved
extended timeframe.
14. Fire Apparatus Turn Around
To ensure adequate access for emergency service vehicles to the site, an all-season
turnaround is required. Prior to final annexation approval, the applicant must construct a fire
apparatus turnaround with an all-season road base at least 20 feet wide reviewed and approved
by the Bozeman Fire Department.
15. Street Improvements
The Landowner understands and agrees that at the time of future development the portion
of the BRC NORTH LOOP ANNEXATION and its related transportation infrastructure fronting the
BRC NORTH LOOP ANNEXATION property must be improved to a City standard at Landowner’s
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BRC NORTH LOOP Annexation Agreement, Application 20346 15
expense.
16. Impact Fees
Landowner acknowledges that annexation and development of their property will impact
the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved
by the City, the Landowner and its successors must pay the fee calculated based on the
provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a
permit to connect to water or sewer service or issuance of a building permit:
a) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended,
at time of issuance of a building permit.
b) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or
as amended, at time of issuance of a building permit.
c) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the
time of connection to city water services.
d) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the
time of connection to city sewer services.
Landowner further understands and agrees that any improvements, either on-site or off-
site, necessary to provide connection of the BRC NORTH LOOP ANNEXATION municipal services
and which are wholly attributable to the property as determined exclusively by the City are
considered “project related improvements” as defined in Chapter 2, Article 6, Division 9,
Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits.
If Landowner defaults on this condition at the time such is to be performed, and should
default not be remedied or corrected within thirty (30) days after written notice by City to the
Landowner and Landowner/Developer of such default, City may at its option:
A) Declare the amounts owing for impact fees immediately due and payable
and City shall have the right and privilege to take legal action against
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BRC NORTH LOOP Annexation Agreement, Application 20346 16
Landowners for the collection of such sum, including the entry of any
judgment. In addition, the City may, at its option, enforce payment of such
amount by levying an assessment on the property.
B) Elect any other remedy available to City under the laws of the State of
Montana.
17. Charges and Assessments
Landowner understands and agrees that after this Agreement is recorded the BRC NORTH
LOOP ANNEXATION will be subject to City assessments for arterial and collector streets, street
maintenance, and tree maintenance on the same basis as all other properties in the City.
18. Additional Terms
The parties recognize these documents must be filed and of record with the Gallatin
County Clerk and Recorder prior to the sale of any land within the BRC NORTH LOOP
ANNEXATION. The parties further agree that the City may file these documents at any time.
19. Governing Law and Venue
This agreement shall be construed under and governed by the laws of the state of Montana.
In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of
Gallatin, State of Montana.
20. Attorney’s Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney
to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house
counsel including City Attorney.
21. Waiver
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BRC NORTH LOOP Annexation Agreement, Application 20346 17
No waiver by either party of any breach of any term, covenant or agreement shall be
deemed a waiver of the same or any subsequent breach of this same or any other term, covenant
or agreement. No covenant, term or agreement shall be deemed waived by either party unless
waived in writing.
22. Invalid Provision
The invalidity or unenforceability of any provision of this agreement shall not affect the
other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
23. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a
writing signed by the parties hereto.
24. No Assignment
It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign
this Agreement in whole or in part without prior written consent of the City.
25. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the
parties hereto and their respective heirs, successors and assigns and specifically to any
subsequent purchaser of the annexed property.
26. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the BRC NORTH LOOP
ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or
upon transfer of ownership of the property.
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BRC NORTH LOOP Annexation Agreement, Application 20346 18
The undersigned Landowner affirms that they have authority to enter into this Agreement
and to bind themselves to this Agreement.
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BRC NORTH LOOP Annexation Agreement, Application 20346 19
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day
and year first above written.
LANDOWNER
__________________________________________
BRC NORTH LOOP, LLC
By: __________________________
Title: ________________________
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of _______________, 2026, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared ____________________, known to me to be the
___________________ of BRC North Loop, LLC, known to me to be the landowner that executed the
within instrument, and acknowledged to me that they executed the same for and on behalf of
landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
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BRC NORTH LOOP Annexation Agreement, Application 20346 20
CITY OF BOZEMAN
____________________________________
By: Chuck Winn, City Manager
ATTEST:
________________________________
Mike Maas, City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this _____ day of ________________, 2026, before me, a Notary Public for the state of
Montana, personally appeared Chuck Winn and Mike Maas, known to me to the persons
described in and who executed the foregoing instrument as City Manager and City Clerk
respectively, of the City of Bozeman, whose names are subscribed to the within instrument and
acknowledged to me that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of Montana
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
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BRC NORTH LOOP Annexation Agreement, Application 20346 21
EXHIBIT “A”
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BRC NORTH LOOP Annexation Agreement, Application 20346 22
EXHIBIT “B”
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BRC NORTH LOOP Annexation Agreement, Application 20346 23
EXHIBIT “C”
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICTS OR SPECIAL IMPROVEMENT DISTRICTS
BRC NORTH LOOP ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Tract 1 of Certificate of Survey No. 2553A, located in the Southeast Quarter of Section
33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County,
Montana.
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the
transportation impacts to:
b. Intersection improvements to West Griffin Drive and North 7th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, shared use path and storm
drainage.
For improvement districts for the design and engineering, construction and maintenance
of following improvements: for street and transportation improvements including design and
engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater
drainage facilities, broadband, and other dry utilities for the aforementioned street
improvements.
Landowner agrees the City has the sole right to control the design and construction of such
improvements and may include any of the above components and others necessary to ensure
such improvements comply with all adopted City infrastructure plans and requirements. Further,
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BRC NORTH LOOP Annexation Agreement, Application 20346 24
the Landowner waives its right or to make any written protest against the size or area or creation
of the district be assessed in response to a duly passed resolution of intention to create one or
more special improvement districts which would include the above-described property.
In the event a special district or special improvement district is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate financing
method for the completion of said improvements on a fair share, proportionate basis as
determined by the City on the basis of the square footage of property, taxable valuation of the
property, traffic contribution from the development or a combination thereof. Landowner
understands and agrees that the City will choose creation of a SID or special district or an
alternative financing method for the completion of the improvements and may use either
financing option at any time.
This waiver is made for the benefit of the property described herein shall be a covenant
running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon
the successors-in-interest and assigns of the Landowner.
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BRC NORTH LOOP Annexation Agreement, Application 20346 25
DATED this _____ day of _________________, 2026.
LANDOWNER
_______________________________________
BRC NORTH LOOP, LLC
By: __________________________
Title: ________________________
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of _______________, 2026, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared ____________________, known to me to be the
___________________ of BRC North Loop, LLC, known to me to be the landowner that executed the
within instrument, and acknowledged to me that they executed the same for and on behalf of
landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
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BRC NORTH LOOP Annexation Agreement, Application 20346 1
Inter-office Original to:
City of Bozeman
City Clerk
PO Box 1230
Bozeman, MT 549771-1230
BRC NORTH LOOP
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this ______ day of __________________, 2026, by
and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse
Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and BRC North Loop,
LLC, 1174 Stone Ridge Drive, Suite 101, Bozeman, MT 59718, hereinafter referred to as
"Landowner".
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the BRC NORTH LOOP ANNEXATION situated in Gallatin County, Montana, and
more particularly described as follows:
An area of land comprised described as follows:
Lot 7A of the Amended Plat (E-38-G) of the Gordon Mandeville State School Section
Subdivision, Situated in the Southeast One-Quarter (SE ¼) of Section 36, Township
One South (T1S0, Range Five East (R5E), Principal Meridian, Montana, Gallatin
County, Montana.
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BRC NORTH LOOP Annexation Agreement, Application 20346 2
The described tract has an area of 1.002 acres. The described tract is as shown on
the accompanying Exhibit A and is along with and subject to any existing easements.
All as depicted on the BRC NORTH LOOP Annexation Map.
WHEREAS, the Landowner petitioned the City for annexation to the City of the BRC NORTH
LOOP ANNEXATION; and
WHEREAS, the BRC NORTH LOOP ANNEXATION is not within the corporate limits of the
City or other municipality and may therefore be annexed to the City in accordance with the
provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and
WHEREAS, all parties recognize the annexation of the BRC NORTH LOOP ANNEXATION
pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the BRC NORTH LOOP
ANNEXATION to connect to and utilize City services, including municipal water and sewer service,
parks and recreation, fire and police services, and the City’s transportation system; and
WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and
landowner can agree to the provisions of services to the area to be annexed; and
WHEREAS, the parties recognize additional development on the BRC NORTH LOOP
ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that
future improvements may require additional public infrastructure street improvements including
transportation for traffic circulation and the provisions of parks, recreation, police, and fire
services; and
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BRC NORTH LOOP Annexation Agreement, Application 20346 3
WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and
dependable water supply and sewer supply or service, and provide transportation, parks,
recreation, police and fire service for development of the BRC NORTH LOOP ANNEXATION; and
WHEREAS, the parties have determined that it is in the best interests of the City and
Landowner, and in furtherance of the public health, safety and welfare of the community to enter
into and implement this Agreement.
WITNES S ETH :
IN CONSIDERATION of the mutual covenants and agreements herein contained, the
parties hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2. Annexation
The Landowner filed an application for annexation of the BRC NORTH LOOP ANNEXATION
with the City on October 16, 2020. By execution of this Agreement, the City manifests its intent to
annex the BRC NORTH LOOP ANNEXATION tract pursuant to the terms and conditions of this
Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall,
upon execution of this Agreement, adopt a Resolution of Annexation of the BRC NORTH LOOP
ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things
required by this Agreement and all things necessary and proper to aid and assist the City in
carrying out the terms, conditions and provisions of this Agreement and to effect the annexation
of the BRC NORTH LOOP ANNEXATION.
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BRC NORTH LOOP Annexation Agreement, Application 20346 4
3. Services Provided
The City will, upon annexation, make available to the BRC NORTH LOOP ANNEXATION
existing City services only to the extent currently available, or as provided in this Agreement.
4. Municipal Water Service Defined
The term "municipal water service" as is used in this agreement shall be the service which
is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as
amended, as well as any other terms and conditions which apply to the City's provision of
municipal water service but does not include the extension of lines or construction of necessary
improvements at any cost to the City for delivery of water to and within the BRC NORTH LOOP
ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition,
engineering, construction, and other costs for the delivery of water to or within the BRC NORTH
LOOP ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or
development charges which have been or may be established by the City.
5. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service which
is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as
amended, as well as any other terms and conditions which apply to the City's provision of this
service but does not include the extension of lines or construction of necessary improvements at
any cost to the City for collection of sewage at and within the BRC NORTH LOOP ANNEXATION.
Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering,
construction, and other costs for the collection of sewage services to or within the BRC NORTH
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BRC NORTH LOOP Annexation Agreement, Application 20346 5
LOOP ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or
development charges which may be established by the City.
6. Water Rights
The Landowner specifically recognizes and agrees the Landowner must provide water
rights or cash in-lieu of water rights upon further development or subdivision of the property in
accordance with Section 38.410.110, Bozeman Municipal Code. The City will calculate the
amount of water rights or cash-in-lieu thereof due at the time of further development or
subdivision of the property based on the annual demand for volume of water the development will
require multiplied by the most current annual unit price in effect on the date the water rights are
transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner
acknowledges that the rates for cash in-lieu of water rights may increase over time as established
by Resolution of the City Commission. The applicant must perform a water rights search to
determine if any exist for this property. The Landowner must transfer any water rights that exist for
this property to the City of Bozeman prior to development that the City of Bozeman determines
are useful for City purposes. If insufficient water rights exist, the Landowner must pay cash in lieu
of water rights, in an amount determined by the Director of Public Utilities, prior to development.
7. Comprehensive Water and Wastewater Design Report
Prior to future development of the property the City may require the Landowner to have
prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design
report evaluating existing capacity of sewer and water utilities in the area. The report must include
hydraulic evaluations of each utility for both existing and post-development demands, and the
report findings must demonstrate adequate capacity to serve the full development of the land. If
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BRC NORTH LOOP Annexation Agreement, Application 20346 6
adequate infrastructure capacity is not available for the proposed development, the report must
identify water or wastewater system improvements necessary for the proposed development. If
improvements to this water or wastewater system are necessary, the Landowner agrees prior to
development of the BRC NORTH LOOP ANNEXATION to complete, at Landowner’s expense, the
necessary system improvements to serve the proposed development.
8. Future Development Limitations
The Landowner shall be responsible for installing all facilities required to provide full
municipal services to the property in accordance with the City’s Infrastructure Master Plans and
all City regulations, policies and guidelines that may be in effect at the time of any future
development. Thus, Landowner understands and agrees Landowner has no right, either granted
or implied, for it to further develop any of the BRC NORTH LOOP ANNEXATION until it is verified by
the City that the necessary municipal services, including but not limited to police and fire
protection, parks and recreation, transportation, and sewer and water capacity, are available to
all or a portion of the BRC NORTH LOOP ANNEXATION. Notice is thus provided to the Landowner
that prior to additional development of the property, the Landowner will be solely responsible for
installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full
municipal services to the BRC NORTH LOOP ANNEXATION in accordance with the City’s
infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations,
policies and guidelines that may be in effect at the time of development.
9. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the BRC NORTH LOOP
ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the
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BRC NORTH LOOP Annexation Agreement, Application 20346 7
runoff from public streets and other impermeable surfaces may be required to be provided to and
approved by the City Engineer at the time of any future development. The plan must demonstrate
that adequate treatment of runoff from public streets, other impermeable surfaces, and all future
lots will be achieved by providing spot elevations, flow direction arrows, detention and/or
retention basin details (including basin sizing calculations and basin typical sections), outlet
structure details, and culvert capacity calculations. The plan must also locate and provide
easements for adequate drainage ways within the BRC NORTH LOOP ANNEXATION to transport
treated runoff to the stormwater receiving channel. The plan shall include site grading and
elevation information, typical stormwater detention/retention basin and discharge structure
details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the
City may require such Stormwater Master Plan to be implemented in all or part as a condition of
approval of development of the BRC NORTH LOOP ANNEXATION.
10. Waiver of Right-to-Protest Special Districts
A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Districts
(SID) or Special Improvement Districts for street and transportation improvements including
design and engineering, paving and subsurface improvements, curb and gutter, sidewalk and
stormwater drainage facilities, and fiber optic conduit for the following streets identified by the
Development Review Committee for:
a. Intersection improvements to West Griffin Drive and North 7th Avenue include lighting,
signalization/channelization, paving, curb/gutter, sidewalk, shared use path and storm
drainage.
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BRC NORTH LOOP Annexation Agreement, Application 20346 8
The Landowner agrees such SID will provide a mechanism for the fair and equitable assessment
of construction and maintenance costs for such improvements. The waiver is attached hereto as
Exhibit “C” and is hereby incorporated in and made a part of this Agreement.
B. Landowner agrees that in the event a special district or an SID is not utilized for the
completion of these improvements as described in subsection A above, the Landowner shall
participate in an alternative financing method for the completion of the improvements on a fair
share, proportionate basis as determined by the City on the basis of the square footage of
property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
C. Landowner understands and agrees that the City will choose creation of a SID or
special district or an alternative financing method for the completion of the improvements and
may use either financing option at any time.
11. Municipal Service Connection - Sewer
Landowner understands and agrees that the applicant must connect to municipal sanitary
service and that the applicant will be solely responsible for installing any facilities required to
provide full municipal services to the property in accordance with City policy within 90 calendar
days of recording of the Resolution of Annexation for the BRC North Loop Annexation.
Sewer services must be constructed in accordance with design and specifications
approved by the City prior to the installation of the sewer line. Landowner must contact the
City Water and Sewer Superintendent and Building Division to obtain details of
construction requirements. Landowner must notify the City Water and Sewer
Superintendent a minimum of 48 hours prior to construction of the services and
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BRC NORTH LOOP Annexation Agreement, Application 20346 9
disconnection of the septic system abandonment. Landowner further understands and
agrees that prior to connection to the City sewer system, the existing on-site sewage
treatment system must be properly abandoned and certification provided to the City Water
and Sewer Superintendent that the abandonment occurred. The applicant must report the
abandonment to the Gallatin City County Health Department. In addition to abandonment
of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer
service to the septic tank has been completely disconnected from the old septic system
prior to connection to the City sanitary sewer system.
The City Water and Sewer Superintendent may perform an inspection of the
property and certify that the disconnection of the septic system abandonment are properly
completed. Landowner understands and agrees that if Landowner fails to properly
abandon the existing system and/or fails to disconnect the existing well from the domestic
water piping as required herein the City may upon ten day's written notice to the Landowner
terminate water and/or sewer services to the property. Costs of all disconnects and/or
subsequent reconnects shall be borne by Landowner.
12. Municipal Service Connection - Water
Landowner or a subsequent landowner understands and agrees that they must
connect to municipal water service and is responsible for installing any facilities required to
provide full municipal services to the property in accordance with City policy within 90
calendar days of recording of the Resolution of Annexation for the BRC North Loop
Annexation.
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BRC NORTH LOOP Annexation Agreement, Application 20346 10
Water service must be constructed in accordance with design and specifications approved
by the City prior to the installation of the water line. Landowner must contact the City Water and
Sewer Superintendent to obtain details of construction requirements. Landowner must notify the
City Water and Sewer Superintendent a minimum of 48 hours prior to construction of the services
and disconnection of the well.
Any wells presently used for domestic purposes may be retained for irrigation only, with no
physical connection to domestic water piping. Certification that there is no physical connection
between an on-site well and the domestic water piping must be provided. The City Water and
Sewer Superintendent may perform an inspection of the property and certify that the
disconnection of the well and septic system abandonment are properly completed. Landowner
understands and agrees that if Landowner fails to properly abandon the existing system and/or
fails to disconnect the existing well from the domestic water piping as required herein the City
may upon ten day's written notice to the Landowner terminate water and/or sewer services to the
property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner.
13. Legal and Physical Access
Legal and physical access is required for all properties within City Limits.
The applicant must construct and maintain at least one point of vehicular
access to the site from Cultivar Street prior to final annexation approval, subject to
review and approval by the City’s Department of Transportation & Engineering and Fire
Department.
Within 90 days of final annexation approval, the applicant must establish a
second point of access to the site that reduce all dead-end driveway segments to less
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BRC NORTH LOOP Annexation Agreement, Application 20346 11
than 150 feet or construct a fire apparatus road with an asphalt, concrete or other
approved driving surface capable of supporting the imposed load of fire apparatus
weighing up to 75,000 pounds per the current adopted fire code and approved by the
Bozeman Fire Department.
If the applicant cannot meet this requirement within the initial 90-day
timeframe, they may request one written extension from the Bozeman Fire
Department, demonstrating good cause and proposing a revised completion date. The
Fire Department may grant one extension at its discretion.
14. North 7th Access / Encroachment
The existing access from North 7th has not been reviewed or approved by the
Montana Department of Transportation.
If the subject property proposes to utilize the existing access to North 7th
Avenue, the applicant must provide the City with an approved encroachment
agreement from the Montana Department of Transportation (MDT) for the existing
driveway access within 90 calendar days of the recording of the Resolution of
Annexation of the BRC North Loop Annexation with the Gallatin County Clerk and
Recorder.
Until MDT approval is granted and the access has been designed, reviewed, and
constructed to meet City of Bozeman standards, the existing access must remain
closed and blocked to all vehicular use. If MDT approval is not obtained within the
initial 90-day timeframe, the applicant may request one written extension from the
City’s Director of Transportation & Engineering, stating the reason for the delay and
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BRC NORTH LOOP Annexation Agreement, Application 20346 12
proposing a revised completion date. The Director may grant one extension at their
discretion.
If the existing access will not be used, or if MDT approval is not granted and no
extension is requested or approved, the applicant must abandon and remove the
existing access within 90 days of final annexation approval, or within the approved
extended timeframe.
15. Street Improvements
The Landowner understands and agrees that at the time of future development the portion
of the BRC NORTH LOOP ANNEXATION and its related transportation infrastructure fronting the
BRC NORTH LOOP ANNEXATION property must be improved to a City standard at Landowner’s
expense.
16. Impact Fees
Landowner acknowledges that annexation and development of their property will impact
the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved
by the City, the Landowner and its successors must pay the fee calculated based on the
provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a
permit to connect to water or sewer service or issuance of a building permit:
a) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended,
at time of issuance of a building permit.
b) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or
as amended, at time of issuance of a building permit.
c) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the
time of connection to city water services.
d) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the
time of connection to city sewer services.
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BRC NORTH LOOP Annexation Agreement, Application 20346 13
Landowner further understands and agrees that any improvements, either on-site or off-
site, necessary to provide connection of the BRC NORTH LOOP ANNEXATION municipal services
and which are wholly attributable to the property as determined exclusively by the City are
considered “project related improvements” as defined in Chapter 2, Article 6, Division 9,
Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits.
If Landowner defaults on this condition at the time such is to be performed, and should
default not be remedied or corrected within thirty (30) days after written notice by City to the
Landowner and Landowner/Developer of such default, City may at its option:
A) Declare the amounts owing for impact fees immediately due and payable
and City shall have the right and privilege to take legal action against
Landowners for the collection of such sum, including the entry of any
judgment. In addition, the City may, at its option, enforce payment of such
amount by levying an assessment on the property.
B) Elect any other remedy available to City under the laws of the State of
Montana.
17. Charges and Assessments
Landowner understands and agrees that after this Agreement is recorded the BRC NORTH
LOOP ANNEXATION will be subject to City assessments for arterial and collector streets, street
maintenance, and tree maintenance on the same basis as all other properties in the City.
18. Additional Terms
The parties recognize these documents must be filed and of record with the Gallatin
County Clerk and Recorder prior to the sale of any land within the BRC NORTH LOOP
ANNEXATION. The parties further agree that the City may file these documents at any time.
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BRC NORTH LOOP Annexation Agreement, Application 20346 14
19. Governing Law and Venue
This agreement shall be construed under and governed by the laws of the state of Montana.
In the event of litigation, venue is in the Eighteenth Judicial District Court, in and for County of
Gallatin, State of Montana.
20. Attorney’s Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney
to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house
counsel including City Attorney.
21. Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be
deemed a waiver of the same or any subsequent breach of this same or any other term, covenant
or agreement. No covenant, term or agreement shall be deemed waived by either party unless
waived in writing.
22. Invalid Provision
The invalidity or unenforceability of any provision of this agreement shall not affect the
other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
23. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by a
writing signed by the parties hereto.
24. No Assignment
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BRC NORTH LOOP Annexation Agreement, Application 20346 15
It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign
this Agreement in whole or in part without prior written consent of the City.
25. Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by the
parties hereto and their respective heirs, successors and assigns and specifically to any
subsequent purchaser of the annexed property.
26. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the BRC NORTH LOOP
ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or
upon transfer of ownership of the property.
The undersigned Landowner affirms that they have authority to enter into this Agreement
and to bind themselves to this Agreement.
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BRC NORTH LOOP Annexation Agreement, Application 20346 16
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day
and year first above written.
LANDOWNER
__________________________________________
BRC NORTH LOOP, LLC
By: __________________________
Title: ________________________
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of _______________, 2026, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared ____________________, known to me to be the
___________________ of BRC North Loop, LLC, known to me to be the landowner that executed the
within instrument, and acknowledged to me that they executed the same for and on behalf of
landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
235
BRC NORTH LOOP Annexation Agreement, Application 20346 17
CITY OF BOZEMAN
____________________________________
By: Chuck Winn, City Manager
ATTEST:
________________________________
Mike Maas, City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this _____ day of ________________, 2026, before me, a Notary Public for the state of
Montana, personally appeared Chuck Winn and Mike Maas, known to me to the persons
described in and who executed the foregoing instrument as City Manager and City Clerk
respectively, of the City of Bozeman, whose names are subscribed to the within instrument and
acknowledged to me that they executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of Montana
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
236
BRC NORTH LOOP Annexation Agreement, Application 20346 18
EXHIBIT “A”
237
BRC NORTH LOOP Annexation Agreement, Application 20346 19
EXHIBIT “B”
238
BRC NORTH LOOP Annexation Agreement, Application 20346 20
EXHIBIT “C”
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICTS OR SPECIAL IMPROVEMENT DISTRICTS
BRC NORTH LOOP ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of
Montana, and more particularly described as follows:
Tract 1 of Certificate of Survey No. 2553A, located in the Southeast Quarter of Section
33, Township 1 South, Range 5 East, Principal Meridian, Montana, Gallatin County,
Montana.
IN CONSIDERATION of receiving approval for annexation of the subject property from the
City of Bozeman, along with accompanying rights and privileges and for other and valuable
consideration, the receipt of which is hereby acknowledged, and in recognition of the
transportation impacts to:
b. Intersection improvements to West Griffin Drive and North 7th Avenue including lighting,
signalization/channelization, paving, curb/gutter, sidewalk, shared use path and storm
drainage.
For improvement districts for the design and engineering, construction and maintenance
of following improvements: for street and transportation improvements including design and
engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater
drainage facilities, broadband, and other dry utilities for the aforementioned street
improvements.
Landowner agrees the City has the sole right to control the design and construction of such
improvements and may include any of the above components and others necessary to ensure
such improvements comply with all adopted City infrastructure plans and requirements. Further,
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BRC NORTH LOOP Annexation Agreement, Application 20346 21
the Landowner waives its right or to make any written protest against the size or area or creation
of the district be assessed in response to a duly passed resolution of intention to create one or
more special improvement districts which would include the above-described property.
In the event a special district or special improvement district is not utilized for the
completion of these improvements, the developer agrees to participate in an alternate financing
method for the completion of said improvements on a fair share, proportionate basis as
determined by the City on the basis of the square footage of property, taxable valuation of the
property, traffic contribution from the development or a combination thereof. Landowner
understands and agrees that the City will choose creation of a SID or special district or an
alternative financing method for the completion of the improvements and may use either
financing option at any time.
This waiver is made for the benefit of the property described herein shall be a covenant
running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon
the successors-in-interest and assigns of the Landowner.
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BRC NORTH LOOP Annexation Agreement, Application 20346 22
DATED this _____ day of _________________, 2026.
LANDOWNER
_______________________________________
BRC NORTH LOOP, LLC
By: __________________________
Title: ________________________
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ________ day of _______________, 2026, before me, the undersigned, a Notary Public
for the State of Montana, personally appeared ____________________, known to me to be the
___________________ of BRC North Loop, LLC, known to me to be the landowner that executed the
within instrument, and acknowledged to me that they executed the same for and on behalf of
landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
_________________________________________
(Printed Name Here)
Notary Public for the State of _________
Residing at _______________________
My Commission Expires:____________
(Use 4 digits for expiration year)
241
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING
FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED,
TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE
BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN
AS THE BRC NORTH LOOP (FORMALLY PDI INVESTMENTS) ANNEXATION, APPLICATION 20346.
WHEREAS, the City of Bozeman received a petition for annexation from the property
owner, Hal Stanley, requesting the City Commission to extend the boundaries of the City of
Bozeman so as to include an area of land containing approximately 1.002 acres, described herein;
and
WHEREAS, an annexation staff report was prepared in accordance with the Commission's
goals and policies for annexation and was presented to the Commission on March 9, 2021; and
WHEREAS, a public meeting on said annexation petition was duly noticed and held on
March 9, 2021; and
WHEREAS, the City received no written protest from real property owners of the area to
be annexed; and
WHEREAS, the City held a public meeting on October 20, 2026, to confirm the prior
approval and made revisions to the original terms of annexations due to changes in the context
surrounding the subject property; and
WHEREAS, on October 20, 2026, the Commission received the executed annexation
agreement addressing all recommended terms of annexation; and
WHEREAS, the provision of available services, including, but not limited to, streets, rights-
of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and
water and sewer hookup fees, to said contiguous tracts as described is the subject of a written
242
agreement between the City and the Landowner; and
WHEREAS, the Bozeman City Commission hereby finds that the annexation of this
contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
Section 1
That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann.,
the following-described property, which is contiguous to the municipal boundaries of the City of
Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended
so as to embrace and include such approximately 1.002 acres, to wit:
Lot 7A of the Amended Plat (E-38-G) of the Gordon Mandeville State School Section
Subdivision, Situated in the Southeast One-Quarter (SE ¼) of Section 36, Township
One South (T1S0, Range Five East (R5E), Principal Meridian, Montana, Gallatin
County, Montana.
Containing 1.002 acres, more or less, and is subject to all easements of record or apparent
from a visual inspection of the property. All as depicted on the BRC North Loop
ANNEXATION Map.
Section 2
This Resolution is effective upon recording with the Gallatin County Clerk and Recorder.
243
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 20th day of October 2026.
___________________________________
JOEY MORRISON
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
244
ORDINANCE
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING
THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 1.002 ACRES AS B-2,
COMMUNITY BUSINESS DISTRICT, KNOWN AS THE BRC NORTH LOOP (FORMALLY PDI
INVESTMENTS) ZONE MAP AMENDMENT, APPLICATION 20346.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to
Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public
hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public
hearing and submit a report to the City Commission for all zoning map amendment requests;
and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700,
BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the
procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of Bozeman
Zoning Map to establish a zoning classification of B-2 (Community Business District) for
approximately 1.002 acres has been properly submitted, reviewed, and advertised; and
WHEREAS, after proper notice, the Bozeman Community Development Board acting in their
capacity as the Zoning Commission held a public hearing on February 22, 2021, to receive and
review all written and oral testimony on the request for a zone map amendment; and
WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City Commission that
application No. 20346 the brc North Loop Zone Map Amendment be approved as requested by
the applicant; and
245
WHEREAS, after proper notice, the City Commission held its public hearing on February 22,
2021, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133
to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required criteria
are satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of
the application.
7. The City Commission conducted a public hearing to provide all interested parties with the
246
opportunity to provide evidence and testimony regarding the proposed amendment prior
to the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other
relevant information.
9. The City Commission determines that, as set forth in the staff report and incorporating
the staff findings as part of their decision, the required criteria for approval of the PDI
Investments (now called BRC North Loop) Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby designated as
B-2, Community Business District:
An area of land comprised described as follows:
Lot 7A of the Amended Plat (E-38-G) of the Gordon Mandeville State School Section
Subdivision, Situated in the Southeast One-Quarter (SE ¼) of Section 36, Township
One South (T1S0, Range Five East (R5E), Principal Meridian, Montana, Gallatin
County, Montana.
The described tract has an area of 1.002 acres. The described tract is as shown on
the accompanying Exhibit A and is along with and subject to any existing easements.
SUBJECT to all easements of record or apparent from visual inspection of the property.
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
247
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
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City.
Section 7
Effective Date.
This Ordinance shall be in full force and effect _________ days after final adoption.
248
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the 20th day of October 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 ______________, 20____.
_________________________________
JOEY MORRISON
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
249
Memorandum
REPORT TO:City Commission
FROM:Cola Rowley, Assistant City Manager
Chuck Winn, City Manager
SUBJECT:Adopting Resolutions Amending the Economic Vitality, Sustainability, Urban
Parks and Forestry, Transportation, and Community Development Boards
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: Adopting Resolutions Amending the Economic Vitality,
Sustainability, Urban Parks and Forestry, Transportation, and Community
Development Boards
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:On March 3, 2026, the Commission passed its priorities, which included
"strengthen advisory board efficacy to ensure alignment with community
goals". On July 16, 2026, under direction from the City Commission, City staff
produced a report, based on a review of the boards that it conducted in
spring 2026, that detailed recommendations to improve advisory board
efficacy. On July 21, 2026, the City Commission held a work session during
which it considered City staff’s recommendations as well as public comment
on the City Citizen Advisory Board and gave direction to revise the Citizen
Advisory Boards. These resolutions establish the changes the Commission
desired to make to the boards.
Changes to the Community Development Board: As the Resolution 2025-62
currently governing the Board was passed contemplating the Montana Land
Use Planning Act but prior to it, there is substantial clean-up language.
Substantive changes include term lengths of 2 years (previously unspecified),
allowing (not requiring) up to 2 members to be non-resident owners of land
within the City (previously a member was designated by the County
Commission), the elimination of term limits and the removal of a City
Commissioner as a voting member. An ex officio student member from
Montana State University was added.
Changes to the Sustainability Board: The definition of quorum was removed
(adopted Rules of Procedure referred to instead) and term limits were
removed. Sections 1 and 2 (Purpose and Focus Areas) contain edits to
250
remove the "recreation" function and a focus area was added, "Applicable
City Plans and Policies" to highlight the broad function of the Board. An ex
officio student member from Montana State University was added.
Changes to the Urban Parks and Forestry Board: The definition of quorum
was removed (adopted Rules of Procedure referred to instead) and term
limits were removed. Sections 1 and 2 (Purpose and Focus Areas) were
edited to add the recreation function moved from the Sustainability Board.
An ex officio student member from Montana State University was added.
Changes to the Economic Vitality Board: The definition of quorum was
removed (adopted Rules of Procedure referred to instead) and term limits
were removed. Sections 1 and 2 (Purpose and Focus Areas) were edited to
refer to the Belonging in Bozeman Plan and Section 2 (Focus Areas) was
edited to remove the public art function. An ex officio student member from
Montana State University was added.
Changes to the Transportation Board: The definition of quorum was
removed (adopted Rules of Procedure referred to instead) and term limits
were removed. The removal of Board Members language was edited to
reflect statute (MCA 7-14-4611). An ex officio student member from
Montana State University was added.
UNRESOLVED ISSUES:To be identified by the Commission
ALTERNATIVES:As identified by the Commission
FISCAL EFFECTS:None
Attachments:
Economic Vitality.pdf
Sustainability.pdf
Urban Parks and Forestry.pdf
Transportation.pdf
Community Development.pdf
Report compiled on: September 30, 2026
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Economic Vitality Board
Page 1 of 5
COMMISSION RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, MODIFYING THE ORGANIZATION AND
DUTIES OF THE ECONOMIC VITALITY BOARD
WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City
Commission to create boards, commissions, or committees as determined necessary; and
WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the
Bozeman Strategic Plan via Resolution 4852; and
WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City
of Bozeman to “[b]roaden and deepen engagement of the community in city government,
innovating methods for inviting input from the community and stakeholders” by “restructure[ing]
or combin[ing] City boards and committees to more effectively advise the City and engage the
public”; and
WHEREAS, on June 22, 2021, the City Commission gave direction for City Staff to
move forward with restructuring the City’s advisory boards; and
WHEREAS, on August 10, 2021, the City Commission created an Economic Vitality
Board via Resolution 5329 to further the stated priority of Community Engagement as established
in Strategic Plan Section 1.2 and to further other goals and objectives of the City; and
WHEREAS, on March 3, 2026, the Commission passed Resolution 2026-22
establishing a Montana State University student as an ex officio member of the Economic Vitality
Board; and
WHEREAS, on March 3, 2026, the Commission passed its priorities, which included
"[s]trengthen advisory board efficacy to ensure alignment with community goals;" and
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Economic Vitality Board
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WHEREAS, on July 16, 2026, under direction from the City Commission, City staff
produced a report, based on a review of the boards that it conducted in spring 2026, that detailed
recommendations to improve advisory board efficacy; and
WHEREAS, on July 21, 2026, the City Commission held a work session during which
it considered City staff’s recommendations as well as public comment on the City Citizen
Advisory Boards; and
WHEREAS, during the July 21, 2026 work session, the City Commission gave direction
to revise the Citizen Advisory Boards.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the following terms of Resolution 5329 is superseded as follows:
SECTION 1: PURPOSE OF THE ECONOMIC VITALITY BOARD
The purpose of the Economic Vitality Board is to cultivate policies that enhance the economic
vitality of Bozeman and to make advisory recommendations to the City Commission and, if
requested by the City Manager to the City Manager, regarding policies that promote a strong and
diverse economy. The Economic Vitality Board will encourage policies that:
1. Support and provide for community housing;
2. Enhance personal and professional economic growth in Bozeman, and vitalize
Bozeman’s workforce development and job growth;
3. As requested by the City Manager or City Commission, assist the City regarding
implementation of economic development plans;
4. Promote the Belonging in Bozeman Plan; and
5. Consider principles of sustainability and the Bozeman Climate Action Plan in its
policy recommendations.
SECTION 2: FOCUS AREAS OF THE ECONOMIC VITALITY BOARD
The following areas of focus are hereby assigned to the Economic Vitality Board:
1. Economic Vitality. The Economic Vitality Board will advise the City Commission,
and as requested by the City Manager to the City Manager, on policies related to
economic issues.
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Economic Vitality Board
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2. Community Housing. The Economic Vitality Board will provide advisory
recommendations to the Commission, and as requested by the City Manager to the
City Manager, on policies related to community housing needs.
3. Belonging in Bozeman Plan. The Economic Vitality Board will advise the City
Commission, and as requested by the City Manager to the City Manager, on
policies related to the Belonging in Bozeman Plan. In doing so, the Board must be
cognizant the City values and encourages the inclusion of diverse perspectives and
experiences, and makes proactive efforts to ensure Bozeman is safe, welcoming,
and inclusive.
SECTION 3: POWERS/DUTIES, MEMBERS/COMPOSITION, AND
ORGANIZATION OF THE ECONOMIC VITALITY BOARD
1. Powers and Duties. The Economic Vitality Board is hereby authorized to
exercise the following powers and duties:
A. Advise the City Commission and City Manager, when requested, as
provided in Sections 1 and 2 of this Resolution.
B. Abide by the Rules of Procedure, as set forth in a resolution to be
approved by the City Commission, for the Board’s operation and conduct of
business.
C. The Board may have such other duties and responsibilities as the City
Commission or City Manager, from time to time, may direct.
D. The actions of the Board are advisory only, do not constitute
policy of the City and are not binding upon the City Commission or the City
Manager. The City Commission or City Manager may adopt all or any part
of any recommendation of the Board.
2. Members: Appointments and Terms.
A. The City Commission will make all appointments to the Economic
Vitality Board.
B. A non-voting, ex-officio position will be held solely by a current student
of Montana State University as outlined in Resolution 2026-22.
C. The Board will consist of seven members.
D. All Board Members will be appointed to a two-year term. Terms will run
on the calendar year.
E. Board Members must be at least 18 years old and be residents of
the City.
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F. Board Members will not receive compensation for their service. Board
Members are entitled to previously authorized expenses, including travel
expenses, incurred during the discharge of duties.
G. Board Members serve at the pleasure of the Commission and may be
removed by a majority vote of the Commission for any reason.
3. Office of Agency; Staff Support. The Economic Vitality Board will maintain its
records in the office of the City department designated by the City Manager to
maintain the records of the Board. The City Manager may assign one or more staff
to assist the Board in its duties and functions. The City Manager may also designate
one or more staff to serve as the liaison to the Board. The City Manager may
authorize the assigned Staff Liaison, in consultation with the Board Chair, to
develop and approve agenda items for the Board’s consideration and assist the
Board in all of its functions.
4. Meetings. The Economic Vitality Board meetings must be open to the public as
provided for in Montana law. Meetings must be held on a regular basis and must be
in the Bozeman City Commission room unless such room is unavailable or not
sufficient for the nature of the meeting. The Board must comply with and is subject
to all requirements and City policies related to open meetings and public
participation and engagement.
5. Ethics and High Performing Boards. All Economic Vitality Board activities and
its appointed members must comply with, and are subject to, the State of Montana
and the City Code of Ethics. In addition, the Board and its members must comply
with and are subject to City policies related to the performance, behavior, and
procedures of City boards, as established by the City Commission or City Manager.
6. Public Information. All written and electronic information created by the Board or
its members in conducting its duties constitutes public information and is subject to
disclosure and the records retention requirements pursuant to Montana law.
SECTION 4: SAVINGS PROVISION
Section 1 of Resolution 5329 is not superseded by this Resolution shall remain in full force and
effect. Upon adoption of this Resolution, the City Commission confirms the current
appointments of all present board members.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20___.
___________________________________
JOEY MORRISON
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
256
Sustainability Board
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COMMISSION RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, MODIFYING THE ORGANIZATION AND
DUTIES OF THE SUSTAINABILITY BOARD
WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City
Commission to create boards, commissions, or committees as determined necessary; and
WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the
Bozeman Strategic Plan via Resolution 4852; and
WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City
of Bozeman to “[b]roaden and deepen engagement of the community in city government,
innovating methods for inviting input from the community and stakeholders” by “restructure[ing]
or combin[ing] City boards and committees to more effectively advise the City and engage the
public”; and
WHEREAS, on August 10, 2021, the City Commission created a Sustainability Board
via Resolution 5327 to further the stated priority of Community Engagement as established in
Strategic Plan Section 1.2 and to further other goals and objectives of the City; and
WHEREAS, on March 3, 2026, the Commission passed Resolution 2026-22
establishing a Montana State University student as an ex officio member of the Sustainability
Board; and
WHEREAS, on March 3, 2026, the Commission passed their priorities, including
"Strengthen advisory board efficacy to ensure alignment with community goals;" and
WHEREAS, on July 16, 2026, under direction from the City Commission, City staff
produced a report, based on a review of the boards that it conducted in spring 2026, that detailed
recommendations to improve advisory board efficacy; and
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WHEREAS, on July 21, 2026, the City Commission held a work session during which
it considered City staff’s recommendations as well as public comment on the City Citizen
Advisory Boards; and
WHEREAS, during the July 21, 2026 work session, the City Commission gave direction
to revise the Citizen Advisory Boards.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that Resolution 5327 is superseded as follows:
SECTION 1: PURPOSE OF THE SUSTAINABILITY BOARD
The purpose of the Sustainability Board is to cultivate policies that enhance the social and
environmental livelihood of Bozeman citizens, and make advisory recommendations to the City
Commission, and, if requested by the City Manager to the City Manager regarding policies that
promote a modern, holistic approach to sustainability and resiliency. The Sustainability Board
will encourage policies that:
1. Maintain and implement appropriate environmental initiatives that protect and
conserve Bozeman’s natural resources and ecological diversity;
2. Consider human and environmental impacts resulting from urban growth and
development on Bozeman’s air, water, and soil quality, as well as on plants, other
natural habitats, and wildlife; and
3. Incorporate sustainability policies when implementing opportunities across City
functions.
SECTION 2: FOCUS AREAS
OF THE SUSTAINABILITY BOARD
The following areas of focus are hereby assigned to the Sustainability Board:
1. Climate Planning. The Sustainability Board will provide advisory
recommendations to the City Commission, and as requested by the City Manager to
the City Manager, on policies related to the City of Bozeman’s Climate Plan. The
policies the Board advises on must seek to ensure Bozeman is a leader in mitigating
the impacts of climate change.
2. Applicable City Plans and Policies. The Sustainability Board will provide advisory
recommendations to the City Commission, and as requested by the City Manager to
the City Manager, ensuring City plans and policies applicable and relevant to the
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purpose and focus areas of the Board, as detailed in this Resolution, may be reviewed
for sustainability principles. The Sustainability Board is aware that the guiding
principle of reducing the City’s environmental footprint and integrating sustainability
and resiliency into decision-making processes serve as the foundation for its advisory
recommendations.
3. Beautification. The Sustainability Board will assist the City in implementing the
City’s annual Clean-Up Week.
SECTION 3: POWERS/DUTIES, MEMBERS/COMPOSITION,
AND ORGANIZATION OF THE SUSTAINABILITY BOARD
1. Powers and Duties. The Sustainability Board is hereby authorized to exercise the
following powers and duties:
A. Advise the City Commission and City Manager, when requested, as provided in
Sections 1 and 2 of this Resolution.
B. Abide by the Rules of Procedure, as set forth in a resolution to be approved by
the City Commission, for the Board’s operation and conduct of business.
C. The Board may have such other duties and responsibilities as the City
Commission or City Manager, from time to time, may direct.
D. The actions of the Board are advisory only, do not constitute policy of the City,
and are not binding upon the City Commission or the City Manager. The City
Commission or City Manager may adopt all or any part of any recommendation of
the Board.
2. Members: Appointments and Terms.
A. The City Commission will make all appointments to the Sustainability Board.
B. A non-voting, ex-officio position will be held solely by a current student of
Montana State University as outlined in Resolution 2026-22.
C. The Board will consist of seven members.
D. All Board Members will be appointed to a two-year term. Terms will run on the
calendar year.
E. Board Members must be at least 18 years old and be residents of the City.
F. Board Members will not receive compensation for their service. Board Members
are entitled to previously authorized expenses, including travel expenses, incurred
during the discharge of duties.
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G. Board Members serve at the pleasure of the Commission and may be removed
by a majority vote of the Commission for any reason.
3. Office of Agency; Staff Support. The Sustainability Board will maintain its records
in the office of the City department designated by the City Manager to maintain the
records of the Board. The City Manager may assign one or more staff to assist the
Board in its duties and functions. The City Manager may also designate one or more
staff to serve as the liaison to the Board. The City Manager may authorize the assigned
Staff Liaison, in consultation with the Board Chair, to develop and approve agenda
items for the Board’s consideration and assist the Board in all of its functions.
4. Meetings. The Sustainability Board Meetings must be open to the public as provided
for in Montana law. Meetings must be held on a regular basis and must be in the
Bozeman City Commission room unless such room is unavailable or not sufficient for
the nature of the meeting. The Board must comply with and is subject to all
requirements and City policies related to open meetings and public participation and
engagement.
5. Ethics and High Performing Boards. All Sustainability Board activities and its
appointed members must comply with, and are subject to, the State of Montana and the
City Code of Ethics. In addition, the Board and its members must comply with and are
subject to City policies related to the performance, behavior, and procedures of City
boards, as established by the City Commission or City Manager.
6. Public Information. All written and electronic information created by the Board or its
members in conducting its duties constitutes public information and is subject to
disclosure and the records retention requirements pursuant to Montana law.
SECTION 4: SAVINGS PROVISION
Section 1 of Resolution 5327 is not superseded by this Resolution shall remain in full
force and effect. Upon adoption of this Resolution, the City Commission confirms the current
appointments of all present board members.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20___.
___________________________________
JOEY MORRISON
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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COMMISSION RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, MODIFYING THE ORGANIZATION AND
DUTIES OF THE URBAN PARKS AND FORESTRY BOARD
WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City
Commission to create boards, commissions, or committees as determined necessary; and
WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the
Bozeman Strategic Plan via Resolution 4852; and
WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City
of Bozeman to “[b]roaden and deepen engagement of the community in city government,
innovating methods for inviting input from the community and stakeholders” by “restructure[ing]
or combin[ing] City boards and committees to more effectively advise the City and engage the
public;” and
WHEREAS, on August 10, 2021, the City Commission created an Urban Parks and
Forestry Board via Resolution 5328 to further the stated priority of Community Engagement as
established in Strategic Plan Section 1.2, and to further other goals and objectives of the City; and
WHEREAS, on March 3, 2026, the Commission passed Resolution 2026-22
establishing a Montana State University student as an ex officio member of the Urban Parks and
Forestry Board; and
WHEREAS, on March 3, 2026, the Commission passed their priorities, including
“Strengthen advisory board efficacy to ensure alignment with community goals;” and
WHEREAS, on July 16, 2026, under direction from the City Commission, City staff
produced a report, based on a review of the boards that it conducted in spring 2026, that detailed
recommendations to improve advisory board efficacy; and
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WHEREAS, on July 21, 2026, the City Commission held a work session during which
it considered City staff’s recommendations as well as public comment on the City Citizen
Advisory Boards; and
WHEREAS, during the July 21, 2026 work session, the City Commission gave direction
to revise the Citizen Advisory Boards.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that Resolution 5328 is superseded as follows:
SECTION 1: PURPOSE OF THE URBAN PARKS AND FORESTRY BOARD
The Urban Parks and Forestry Board will promote the use of Bozeman’s trails, open spaces, and
parks not only for improving an individual’s physical and psychological health, but also as a tool
to strengthen and foster the wellbeing of the community-at-large through promoting an outdoor
culture and lifestyle. The Urban Parks and Forestry Board provides advisory recommendations to
the City Commission, and if requested by the City Manager to the City Manager, on issues
pertaining to the City’s urban park system, Sunset Hills Cemetery, and the City’s urban forest. The
Urban Parks and Forestry Board will encourage policies and programs that:
1. Promote the enhancement, preservation, and acquisition of parks, open spaces and
public lands;
2. Incorporate sustainability policies when implementing opportunities across
City functions;
3. Cultivate and foster park systems and environments that break down barriers to
participation in outdoor recreation;
4. Encourage the promotion of urban parks, forests, and community recreation;
5. Provide recommendations about the City cemetery; and
6. Consider principles of sustainability and the Bozeman Climate Action Plan in its policy
recommendations.
SECTION 2: FOCUS AREAS OF THE URBAN PARKS AND FORESTRY
BOARD
The following areas of focus are hereby assigned to the Urban Parks and Forestry Board:
1. Organize the annual Arbor Day Program;
2. Review reports pertaining to activity in Bozeman’s urban forests;
3. Assess the equity distribution of access to urban parks and trails, with an
emphasis on traditionally underserved communities and neighborhoods, and
address identified issues of disparity;
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4. Evaluate the City’s Parks, Recreation, Open Space and Trails Plan from
drafting through adoption;
5. Provide recommendations, when requested, about recreation policy; and
6. Provide recommendations, when requested, about the City’s Sunset Hills Cemetery.
SECTION 3: POWERS/DUTIES, MEMBERS/COMPOSITION,
AND ORGANIZATION OF THE URBAN PARKS AND FORESTRY BOARD
1. Powers and Duties. The Urban Parks and Forestry Board is authorized to exercise the
following powers and duties:
A. Advise the City Commission and City Manager, when requested, as provided
in Sections 1 and 2 of this Resolution.
B. Abide by the Rules of Procedure, as set forth in a resolution to be approved
by the City Commission, for the Board’s operation and conduct of business.
C. The Board may have such other duties and responsibilities as the City Commission
or City Manager, from time to time, may direct.
D. The actions of the Board are advisory only, do not constitute policy of the
City, and are not binding upon the City Commission or the City Manager. The City
Commission or City Manager may adopt all or any part of any recommendation of the
Board.
2. Members: Appointments and Terms.
A. The City Commission will make all appointments to the Urban Parks and Forestry
Board.
B. A non-voting, ex-officio position will be held solely by a current student of Montana
State University as outlined in Resolution 2026-22.
C. The Board will consist of seven members.
D. All members will be appointed to a two-year term. Terms will run on the calendar
year.
E. Board Members must be at least 18 years old and be residents of the City.
F. Board Members will not receive compensation for their service. Board members are
entitled to previously authorized expenses, including travel expenses, incurred during
the discharge of duties.
G. Board Members serve at the pleasure of the Commission and may be removed by a
majority vote of the Commission for any reason.
3. Office of Agency; Staff Support. The Urban Parks and Forestry Board will maintain
its records in the office of the City department designated by the City Manager to
maintain the records of the Board. The City Manager may assign one or more staff to
assist the Board in its duties and functions. The City Manager may also designate one
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or more staff to serve as the liaison to the Board. The City Manager may authorize the
assigned Staff Liaison, in consultation with the Board Chair and Commission Liaison,
to develop and approve agenda items for the Board’s consideration and assist the
Board in all of its functions.
4. Meetings. The Urban Parks and Forestry Board meetings must be open to the public
as provided for in Montana law. Meetings must be held on a regular basis as necessary
and must be in the Bozeman City Commission room unless such room is unavailable
or not sufficient for the nature of the meeting. The Board must comply with and is
subject to all requirements and City policies related to open meetings and public
participation and engagement.
5. Ethics and High Performing Boards. All Urban Parks and Forestry Board
activities and its appointed members must comply with, and are subject to, the State
of Montana and the City Code of Ethics. In addition, the Board and its members
must comply with and are subject to City policies related to the performance,
behavior, and procedures of City boards, as established by the City Commission or
City Manager.
6. Public Information. All written and electronic information created by the Board or
its members in conducting its duties constitutes public information and is subject to
disclosure pursuant to Montana law.
SECTION 4: SAVINGS PROVISION
Section 1 of Resolution 5328 is not superseded by this Resolution shall remain in full
force and effect. Upon adoption of this Resolution, the City Commission confirms the current
appointments of all present board members.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20___.
___________________________________
JOEY MORRISON
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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COMMISSION RESOLUTION NO. XXXX
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, MODIFYING THE ORGANIZATION AND
DUTIES OF THE TRANSPORTATION BOARD
WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City
Commission to create boards, commissions, or committees as determined necessary; and
WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the
Bozeman Strategic Plan via Resolution 4852; and
WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City
of Bozeman to “[b]roaden and deepen engagement of the community in city government,
innovating methods for inviting input from the community and stakeholders” by “restructure[ing]
or combin[ing] City boards and committees to more effectively advise the City and engage the
public”; and
WHEREAS, in 1974 the City Commission created and established the Parking
Commission pursuant to Title 7, Chapter 14, Part 46, MCA and determines to have the
Transportation Board act as the City’s Parking Commission and assign the Parking Commission
duties and functions to the Transportation Board; and
WHEREAS, on August 10, 2021, the City Commission created a Transportation Board
via Resolution 5326, to further the stated priority of Community Engagement as established in
Strategic Plan Section 1.2 and to further other goals and objectives of the City; and
WHEREAS, on March 3, 2026, the Commission passed Resolution 2026-22 establishing
a Montana State University student as an ex officio member of the Transportation Board; and
WHEREAS, on March 3, 2026, the Commission passed their priorities, including
"Strengthen advisory board efficacy to ensure alignment with community goals;" and
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WHEREAS, on July 16, 2026, under direction from the City Commission, City staff
produced a report, based on a review of the boards that it conducted in spring 2026, that detailed
recommendations to improve advisory board efficacy; and
WHEREAS, on July 21, 2026, the City Commission held a work session during which it
considered City staff’s recommendations as well as public comment on the City Citizen Advisory
Boards; and
WHEREAS, during the July 21,2026 work session, the City Commission gave direction
to revise the Citizen Advisory Boards.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that Resolution 5326 is amended as follows:
SECTION 1: PURPOSE OF THE TRANSPORTATION BOARD.
The purpose of the Transportation Board is to cultivate policies that will promote all modes of
transportation, including but not limited to vehicle, transit, pedestrian, and bike transportation, and
to remove barriers to transportation. The Transportation Board will:
1. Fulfill the duties of the Parking Commission;
2. Advise the City Commission on policies related to pedestrian, bicycle, and traffic
safety;
3. Encourage the use of multi-modal transportation in Bozeman;
4. Support policies for education and outreach to the citizens of Bozeman on community
transportation issues;
5. Consider principles of sustainability and the Bozeman Climate Action Plan in
its policy recommendations; and
6. Advise on the City’s long-range transportation plan and applicable Capital
Improvement Plan projects.
SECTION 2: FOCUS AREAS OF THE TRANSPORTATION BOARD.
The following areas of focus are hereby assigned to the Transportation Board:
1. Parking. The Transportation Board will have all the powers and duties authorized for
a parking commission as provided for in Resolution 4577, and provide advisory
recommendations to the City Commission, and as requested by the City Manager to
the City Manager, on parking related matters within the parking commission’s
jurisdiction and if requested by the City Manager or City Commission in other
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locations within the City. The Transportation Board will also serve as an
administrative review board for parking appeals as provided for in 36.04.380, BMC.
2. Pedestrian, Bicycle, and Traffic Safety. The Transportation Board will provide
advisory recommendations to the City Commission, and as requested by the City
Manager to the City Manager on policies that ensure the City’s education and
outreach policies related to pedestrian, bicycle, and traffic safety, to the greatest
extent feasible, align with the City’s Transportation Master Plan. The Board will also
assist in promoting the annual Bike Week.
3. Multi-Modal Transportation. The Transportation Board will provide advisory
recommendations to the City Commission, and as requested by the City Manager to
the City Manager that ensure the City’s transportation policies and education and
outreach policies, to the greatest extent feasible, consider multi-modal transportation
opportunities, including but not limited to vehicle, transit, pedestrian, and bicycle
transportation, and align with the City’s Transportation Master Plan.
SECTION 3: POWERS/DUTIES, MEMBERS/COMPOSITION, AND
ORGANIZATION OF THE TRANSPORTATION BOARD
1. Powers and Duties. The Transportation Board is hereby authorized to exercise the
following powers and duties:
A. Advise the City Commission and City Manager, when requested, as provided in
Sections 1 and 2 of this Resolution.
B. Abide by the Rules of Procedure, as set forth in a resolution to be approved by
the City Commission, for the Board’s operation and conduct of business.
C. The Board may have such other duties and responsibilities as the City
Commission or City Manager, from time to time, may direct.
D. Except as where otherwise authorized by law, the actions of the Board are
advisory only, do not constitute policy of the City, and are not binding upon the
City Commission or the City Manager. The City Commission or City Manager may
adopt all or any part of any recommendation of the Board.
2. Members: Appointments and Terms.
A. The City Commission will make all appointments to the Transportation Board.
B. A non-voting, ex-officio position will be held solely by a current student of
Montana State University as outlined in Resolution 2026-22.
C. The Board will consist of seven members.
D. All Board Members will be appointed to a term of four (4) years in accordance
with 7-14-4610, MCA. Terms will run on the calendar year.
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E. Board Members must be at least 18 years old and be electors of the City.
F. Board Members will not receive compensation for their service. Board members
are entitled to previously authorized expenses, including travel expenses, incurred
during the discharge of duties.
G. Board Members may be removed by the mayor with the consent of the City
Commission in accordance with 7-14-4611, MCA.
4. Office of Agency; Staff Support. The Transportation Board will maintain its records
in the office of the City department designated by the City Manager to maintain the
records of the Board. The City Manager may assign one or more staff to assist the
Board in its duties and functions. The City Manager may also designate one or more
staff to serve as the liaison to the Board. The City Manager may authorize the
assigned Staff Liaison, in consultation with the Board chair, to develop and approve
agenda items for the Board’s consideration and assist the Board in all of its functions.
5. Meetings. The Transportation Board meetings must be open to the public as provided
for in Montana law. Meetings must be held on a regular basis and must be in the
Bozeman City Commission room unless such room is unavailable or not sufficient
for the nature of the meeting. The Board must comply with and is subject to all
requirements and City policies related to open meetings and public participation and
engagement.
6. Ethics and High Performing Boards. All Transportation Board activities and its
appointed members must comply with and are subject to State of Montana and the
City Code of Ethics. In addition, the Board and its members must comply with and
are subject to City policies related to the performance, behavior, and procedures of
City boards, as established by the City Commission or City Manager.
6. Public Information. All written and electronic information created by the Board or
its members in conducting its duties constitutes public information and is subject to
disclosure and the records retention requirements pursuant to Montana law.
SECTION 4: SAVINGS PROVISION
Section 1 of Resolution 5326 is not superseded by this Resolution shall remain in full force and
effect. Upon adoption of this Resolution, the City Commission confirms the current appointments
of all present board members.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20___.
___________________________________
JOEY MORRISON
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Community Development Board
Page 1 of 6
COMMISSION RESOLUTION NO. 2026-XXX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, MODIFYING THE ORGANIZATION AND
DUTIES OF THE COMMUNITY DEVELOPMENT BOARD AND
REPEALING AND SUPERSEDING RESOLUTION 2025-62
WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City
Commission to create boards, commissions, or committees as determined necessary; and
WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the
Bozeman Strategic Plan via Resolution 4852; and
WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City
of Bozeman to “[b]roaden and deepen engagement of the community in city government,
innovating methods for inviting input from the community and stakeholders” by “restructure[ing]
or combin[ing] City boards and committees to more effectively advise the City and engage the
public”; and
WHEREAS, on August 10, 2021, the Bozeman City Commission adopted Resolution
5330 establishing the Community Development Board; and
WHEREAS, the Montana Land Use and Planning Act became effective in May of
2023 upon the Governor's signature; and
WHEREAS, the City Commission adopted Resolution 5534 on October 2, 2023
designating the Community Development Board as the Planning Commission; and
WHEREAS, the City Commission amended the structure of the Community
Development Board via Resolution 2025-62 which superseded Resolution 5330; and
WHEREAS, on March 3, 2026, the Commission passed Resolution 2026-22 establishing
a Montana State University student as an ex officio member of the Community Development
Board; and
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WHEREAS, on March 3, 2026, the Commission passed their priorities, including
"Strengthen advisory board efficacy to ensure alignment with community goals;" and
WHEREAS, on July 16, 2026, under direction from the City Commission, City staff
produced a report, based on a review of the boards that it conducted in spring 2026, that detailed
recommendations to improve advisory board efficacy; and
WHEREAS, on July 21, 2026, the City Commission held a work session during which
it considered City staff’s recommendations as well as public comment on the City Citizen Advisory
Boards; and
WHEREAS, during the July 21, 2026 work session, the City Commission gave direction
to revise the Citizen Advisory Boards; and
WHEREAS, the Community Development Board, serves as and performs the duties
of the City’s Planning Commission and the Impact Fee Advisory Committee; and
WHEREAS, nothing in this Resolution affects any decision made by the Community
Development Board prior to the date of this resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
SECTION 1: REPEALER
Resolution 2025-62 is hereby repealed and superseded by this Resolution.
SECTION 2: PURPOSE OF THE COMMUNITY DEVELOPMENT BOARD
The Community Development Board performs all duties required by law for a planning
commission under the Montana Land Use and Planning Act. In addition, the Board performs all
duties required by law for an impact fee advisory committee. The purpose of the Board is to
fulfill certain statutorily required duties related to land use plans, zoning, subdivision, and impact
fees. In doing so, in addition to duties required by law, the Board must cultivate policies that
positively influence the direction of Bozeman’s growth and development. In addition, the
Community Development Board may make advisory recommendations to the City Commission
and to the City Manager, if requested by the City Manager, regarding policies that enhance the
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unique character of each of Bozeman’s vibrant commercial and neighborhood districts. The
Community Development Board will encourage policies that:
1. Fulfill the duties required by law for an impact fee advisory committee and comport
with the State of Montana’s legal requirements for impact fees; and
2. Fulfill the duties of a Planning Commission pursuant to the Montana Land Use and
Planning Act; and
3. Consider principles of sustainability and the Bozeman Climate Action Plan in its policy
recommendations.
SECTION 3: FOCUS AREAS OF THE COMMUNITY DEVELOPMENT BOARD
The following areas of focus are hereby assigned to the Community Development Board:
1. Impact Fee Advisory Committee. The Community Development Board will act as the
City’s Impact Fee Advisory Committee as provided for by law. In doing so, the Board,
in this role, will advise the City Commission, and as requested by the City Manager
advise the City Manager regarding the process of calculating, assessing and spending
impact fees.
2. Planning Commission. The Community Development Board will act as the City’s
Planning Commission pursuant to 76-25-104, MCA. In doing so, the Board, in this
role, will advise the City Commission, and as requested by the City Manager advise
the City Manager, regarding land use plans and future land use maps, zoning
regulations and maps, subdivision regulations, and any other legislative land use
planning document the local governing body designates.
SECTION 4: POWERS/DUTIES, MEMBERS/COMPOSITION, AND ORGANIZATION
OF THE COMMUNITY DEVELOPMENT BOARD
1. Powers and Duties. The Community Development Board is hereby authorized to
exercise the following powers and duties:
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A. Advise the City and perform the duties as provided for in Sections 2 and 3 of this
Resolution.
B. Abide by the Rules of Procedure, as set forth in a resolution to be approved by the
City Commission, for the Board’s operation and conduct of business.
C. The Board may have such other duties and responsibilities as the City Commission
or City Manager, from time to time, may direct.
D. Except where otherwise required by law, the actions of the Board are advisory only,
do not constitute policy of the City, and are not binding upon the City Commission
or the City Manager. The City Commission or City Manager may adopt all or any
part of any recommendation of the Board.
2. Members: Appointments and Terms.
A. The City Commission will make all appointments to the Community Development
Board.
B. A non-voting, ex-officio position will be held solely by a current student of
Montana State University as outlined in Resolution 2026-22.
C. The Board will consist of seven members. Membership must be as follows:
1. No more than two members may be non-resident landowners within the City;
2. A majority of members of the Community Development Board must be
qualified by knowledge and experience in matters pertaining to the
development of the City; and
3. At least one member shall be a representative of the development community
as required by 7-6-1604, MCA, for the Board to act as the City’s Impact Fee
Advisory Committee.
D. A quorum is defined pursuant to 76-25-104, MCA.
E. All members will be appointed to a two-year term. Terms will run on the calendar
year.
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F. Board Members must be at least 18 years old.
G. Board Members will not receive compensation for their service. Board Members
are entitled to previously authorized expenses, including travel expenses, incurred
during the discharge of duties.
H. Board Members serve at the pleasure of the Commission and may be removed by a
majority vote of the Commission for any reason.
3. Office of Agency; Staff Support. The Community Development Board will maintain its
records in the office of the City department designated by the City Manager to
maintain the records of the Board. The City Manager may assign one or more staff to
assist the Board in its duties and functions. The City Manager may also designate one
or more staff to serve as the liaison to the Board. The City Manager may authorize the
assigned Liaison, in consultation with the Board Chair, to develop and approve agenda
items for the Board’s consideration and assist the Board in all its functions.
4. Meetings. The Community Development Board meetings must be open to the public as
provided for in Montana law. Meetings must be held on a regular basis and must be in
the Bozeman City Commission room unless such room is unavailable or not sufficient
for the nature of the meeting. The Board must comply with and is subject to all
requirements and City policies related to open meetings and public participation and
engagement.
5. Ethics and High Performing Boards. All Community Development Board activities and
its appointed members must comply with and are subject to State of Montana and the
City Code of Ethics. In addition, the Board and its members must comply with, and
are subject to City policies related to the performance, behavior, and procedures of
City boards, as established by the City Commission or City Manager.
6. Public Information. All written and electronic information created by the Board or its
members in conducting their duties constitutes public information and is subject to
disclosure and the records retention requirements pursuant to Montana law.
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SECTION 5: SAVINGS CLAUSE
This Resolution does not affect any prior action, decision, or recommendation of the Community
Development Board. Upon adoption of this Resolution, the City Commission confirms the
current appointments of all present board members.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 20th day of October 2026.
____________________________________
JOEY MORRISON
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
277
Memorandum
REPORT TO:City Commission
FROM:Cola Rowley Assistant City Manager
Chuck Winn City Manager
SUBJECT:Adopting a Resolution Establishing the Standards for the Recruitment and
Selection of Board Members, Standards for Communication and
Expectations, Duties, and Norms of Behavior for all Appointed City Boards,
Commissions, Agencies, and Committees
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Consider the Motion: Adopting a Resolution establishing the standards for
the recruitment and selection of board members, standards for
communication and expectations, duties, and norms of behavior for all
appointed City boards, commissions, agencies, and committees
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:On March 3, 2026, the Commission passed its priorities, which included
"strengthen advisory board efficacy to ensure alignment with community
goals". On July 16, 2026, under direction from the City Commission, City staff
produced a report, based on a review of the boards that it conducted in
spring 2026, that detailed recommendations to improve advisory board
efficacy. On July 21, 2026, the City Commission held a work session during
which it considered City staff’s recommendations as well as public comment
on the City Citizen Advisory Board and gave direction to revise the High-
Performing Boards Resolution, Resolution 5323. This Resolution establishes
the changes the Commission desired.
Certain board processes and procedures have also been updated, including
work plans and appointment and onboarding; these procedures are
attached. Consent item G.6 on today's agenda (Authorize the City Manager
to Sign a Professional Services Agreement with the Montana State University
Extension Local Government Center (LGC) for a Governance Annual Support
Package) updates and will enhance board training.
Goals: Autonomy, Meaningful Participation, and Clearer Communications
Edits:
- Section 1.4 and Appendix Section 2: Each board now elects their own chair
278
and vice-chair rather than these being Commission appointments.
- Section 3.3 "Norms of Behavior" has been edited to remove and/or rewrite
sections that were identified as problematic by interviewees in the review.
The process for expressing a view separately from the board to the
Commission in lieu of One Body, One Voice is outlined.
- Section 2 "Communications" has several edits to clarify what boards are to
work on and the communication channels with the City Commission.
Importantly, the "One Body, One Voice" principle is removed.
- Section 3.2 "Duties" have been expounded upon and clarified as to the role
of each member of a board; staff are clarified as more supportive in nature.
Commission Liaisons are outlined as the primary contact with and
communication liaison for the boards with the Commission. Appendix
Section 4 clarifies the agenda-setting process and places the onus on the
board vs staff. The Commission Liaison duties and authority (Appendix
Section 4B allows them to remove items from the agenda that do not align
with work plans etc. and Appendix Section 5D requires their approval for any
Special Meeting) are clarified to support their leadership role. Appendix
Section 5D also removes staff's ability to unilaterally call a special meeting.
- Appendix Section 4B specifically adds the ability for boards to have work
sessions.
- Appendix Section 11 specifies that "The Clerk's Office will provide access to
approved minutes on a Commission agenda for informational and
transparency purposes only."
Goal: Less formality and Improved Communications
Edits:
- Section 3 "Expectations, Duties, and Norms of Behavior" was amended to
be less stringent.
- Appendix Section 4 specifically adds the ability for boards to have work
sessions; rules of procedure may be suspended during work sessions and a
much less formal conversation can occur.
- Appendix Section 5F allows and clarifies the formation of ad hoc
committees.
- Appendix Section 7F was amended to be more flexible and align with the
Remote Participation Policy.
Goal: Procedural or Technical changes
Edits:
- Belonging in Bozeman language was added in Sections 1, 2, and 3.
- Section 1.3 Review of Applicants was edited to remove screening for "the
concept of acting as a body with one voice", to emphasize attendance, and
to clarify cases where the Chair or Vice Chair are applicants.
- Appendix Section 4B places Public Comment on non-agenda items at the
end of the agenda. The order may be adjusted by the Presiding Officer.
- Appendix Section 5A gives more flexibility as to how frequently board
meetings should occur.
- Appendix Section 5C requires consultation with the City Attorney prior to
holding an Executive Session.
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- Appendix Section 7 amends the definition of quorum to be a majority of
appointed members as opposed to a majority of all/authorized members.
- Appendix Section 8E clarifies that any board member or liaison may seek
the advice of the City Attorney or request an ethics opinion regarding a
conflict of interest.
- Appendix Section 9 clarifies that all board communications may be public
records subject to public records requests.
- Appendix Section 12A regarding absences was amended to be more specific
regarding how excessive absence is defined for board member removal.
- Appendix Section 12B allows terms to be extended until a replacement has
been appointed, which aligns with current practice. Previously this was only
technically allowed for members who had reapplied but not yet completed
the appointment process.
- Appendix Section 15C clarifies that Board members do not have authority
to represent or speak on behalf of the City in social media or other public
forums.
UNRESOLVED ISSUES:To be identified by Commission
ALTERNATIVES:As identified by Commission
FISCAL EFFECTS:None
Attachments:
High-Performing Boards
Advisory Board Work Plans 2026.pdf
Vacancy to Onboarding Process.pdf
Report compiled on: September 30, 2026
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RESOLUTION 2026-XX
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ESTABLISHING THE STANDARDS FOR THE
RECRUITMENT AND SELECTION OF BOARD MEMBERS,
STANDARDS FOR COMMUNICATION, AND EXPECTATIONS, DUTIES,
AND NORMS OF BEHAVIOR FOR ALL APPOINTED CITY BOARDS,
COMMISSIONS, AGENCIES, AND COMMITTEES
WHEREAS, Article IV, Section 4.07 of the Bozeman Charter permits the City
Commission to create boards, commissions, or committees as determined necessary; and
WHEREAS, on April 16, 2018, the Bozeman City Commission formally adopted the
Bozeman Strategic Plan via Resolution 4852; and
WHEREAS, the Strategic Plan Section 1.2 Community Engagement encourages the City
of Bozeman to “[b]roaden and deepen engagement of the community in city government,
innovating methods for inviting input from the community and stakeholders” by “restructure[ing]
or combin[ing] City boards and committees to more effectively advise the City and engage the
public”; and
WHEREAS, City Staff prepared a Memorandum and Proposed Plan for board
restructuring, made the plan available on May 20, 2021 for public review, and provided public
notice to inform the public of the opportunity to review and comment on the Proposed Plan; and
WHEREAS, the City Commission held public work sessions on February 23, May 25,
and June 22, 2021 during which it received and reviewed all public, written and oral testimony on
the restructuring of City boards; and
WHEREAS, on June 22, 2021, the City Commission gave direction for City Staff to
move forward with restructuring the City’s advisory boards; and
WHEREAS, Strategic Plan Section 7 High Performance Organization states, “[w]e
operate as an ethical high performance organization, anticipating future needs, utilizing best
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practices, and striving for continuous improvement.”
WHEREAS, on August 10, 2021 the Commission passed Resolution 5323 to establish
standards for the recruitment and appointment of board members, establish standards for how
board members will communicate with the Commission and individual members of the
Commission and City staff (“High Performing Boards”) to increase efficiency and efficacy of
advisory board input; and
WHEREAS, High Performing Boards aims to formalize and streamline communications
between the City Commission, advisory boards, the City Manager, and the public; achieve policy
driven decision-making; and create consistency, predictability, and stability by clearly defining
duties, norms, and expectations for Board Members;
WHEREAS, on March 3, 2026, the Commission adopted priorities, including, "Strengthen
advisory board efficacy to ensure alignment with community goals;" and
WHEREAS, City staff performed a review of boards in Spring of 2026 and produced a
report outlining considerations for the Commission to improve advisory board efficacy, made
available on July 16, 2026, for public review, and provided public notice to inform the public of
the opportunity to review and make comment on the report and boards in general; and
WHEREAS, the City Commission held a public work session on July 21, 2026 regarding
the report, during which it received and reviewed all public, oral, and written testimony on the
state of advisory boards and gave direction to staff to amend Resolution 5323.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
SECTION 1: Membership, Recruitment, & Appointment
1) Membership: Membership is established in the resolutions, ordinances, or statutes
establishing each Board’s structure, including any mandatory member qualification.
Additional membership requirements include:
a) Board Members may only serve in one City appointed position at a time;
b) The balance of an unexpired term served by an appointee shall be considered a “term” if
such unexpired term exceeds 50% of the full term;
c) Upon completion of a gap in service equal to a position’s full term, a former member may
be eligible for re-appointment; and
d) Appointments should be made prior to expiration of terms.
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2) Recruitment: Commissioners, staff liaisons, board members, including the chair, and the City
Manager are encouraged to actively recruit qualified members. During the recruitment process,
the City will adhere to the Belonging in Bozeman Plan and will actively work to achieve
membership that reflects the demographics of our community.
a) Vacancies will be posted in the lobby of City Hall and on the City’s website;
b) There will be twice annual active solicitation periods, as prescribed in Section 4.07 of the
City Charter; and
c) As necessitated by vacancies.
3) Review: The review of applicants shall occur by a panel consisting of the assigned
Commission Liaison, Board Chair, and the City Manager’s assigned staff liaison:
a) Interview questions must ensure applicants receive a fair comparison with other candidates
and will focus on potential conflicts of interest, compliance with norms of conduct,
including but not limited to decorum, communications, preparedness and attendance.
b) Evaluation criteria must consider the City’s Belonging in Bozeman Plan goals, the duties
and purpose of the individual board, and any membership requirements in enabling
legislation or law.
c) If the Board Chair is an applicant to the board for which they are the chair, the Vice Chair
may sit on interview panels in place of the Chair. If both are applicants, the panel will not
include the Chair or Vice Chair.
4) Appointment: All Board appointments will be made by the City Commission except for
appointments authorized by law to be made by the Mayor. Board officers (chair & vice-chair)
will be appointed by a majority vote of the board’s appointed membership.
SECTION 2: COMMUNICATIONS
1) The boards shall receive direction from the City Commission pursuant to the Commission’s
biennial goal setting, requested assigned work priorities, or other specific direction as the
Commission may provide. Boards will only address items assigned or approved by the
Commission;
2) A board’s annual work plan must align with the Commission’s adopted biennial goals or
priorities as well as any statutory requirements or Commission delegated authorities;
3) The Board should communicate with the Commission through approved minutes, work plans,
progress reports, formal recommendations/resolutions voted on by the Board, or, upon request
by the City Commission, through joint work sessions with the Commission or Commission
presentations;
4) Board chairs shall communicate with the staff liaison on matters related to the Board’s
operations and the Board’s agenda;
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5) Board chairs should direct policy related questions and requests to work on items outside the
work plan to both the Commission Liaison and Staff Liaison;
6) City staff will develop minutes that the Board will review and approve; minutes shall be
provided to the City Commission and made available to the public.
SECTION 3: EXPECTATIONS, DUTIES, AND NORMS OF BEHAVIOR
Norms for Board Members are modeled upon the City Commission’s norms policy as presented
in Resolution 5124. Exhibit A, attached and incorporated into this Resolution, outlines the Rules
of Procedure, which are modeled upon Chapter 2, Article 2, BMC.
1) Training of Board Members: Board Members must participate in an onboarding program
and other training as required by the City Manager.
a) The training will include, but is not limited to:
i) General onboarding: Board procedures, open meetings, public records, process,
requirements, and expectations;
ii) Purposes and focus areas of the Board to be presented by the Staff Liaison;
iii) Effective Meetings: A training to assist Board Members in conducting an efficient and
effective meeting;
iv) Ethics: Initial ethics training upon appointment and annual ethics training as required
by the Charter; and
v) Belonging in Bozeman: Training focusing on various topics including, but not limited
to, implicit and unconscious bias, anti-harassment and anti-discrimination, and
accessibility in institutions, workforces, and local government.
b) Newly appointed board Members must complete onboarding and training within six
months of their appointment; and
c) Newly appointed board members must participate in a six-month check-in with the Staff
Liaison and Commission Liaison.
2) Duties:
a) Commission Liaison has the following duties:
i) Lead the interview of applicants;
ii) Serve as the primary contact with and communication liaison for the Board with the
City Commission;
iii) Assist with resolving questions regarding the role of the City Commission, City
Manager, Staff Liaison, and the Board;
iv) Serve as a contact, rather than advocate, to the Commission for the Board;
v) Review the Board's work plan and make recommendations to the City Commission
regarding the Board’s work plan;
vi) Support efficient Board operations;
vii) Assist in recruiting and training board members; and
viii) Actively identify items that should be brought to the Board by reviewing applicable
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City documents, including but not limited to, Engagement Plans, the City
Commission’s 6-month calendar, the City Commission’s priorities, other Board's
work plans, and staff plans.
b) The Board Chair has the following duties:
i) Act as Presiding Officer and meeting facilitator;
ii) Set the agenda in consultation with the Staff Liaison to ensure alignment with the
approved work plan and staff resources and to avoid directing staff;
iii) Maintain a tone of civility during debate;
iv) Ensure the public has a meaningful opportunity to participate, and that meetings
operate fairly and impartially;
v) Ensure the Board’s questions and discussion are germane to the issues presented; and
vi) Actively participate in recruitment and interviews.
c) Board Members have the following duties:
i) Commit sufficient time to ensure regular and punctual attendance;
ii) Be prepared, attentive, and participatory;
iii) Abide by Rules of Procedure, Norms of Behavior, and the City and State Codes of
Ethics;
iv) Notify the Staff Liaison and Board Chair as soon as know will not be able to attend a
meeting and of any changes to contact information; and
v) Help recruit new board members.
d) Staff Liaisons have the following duties:
i) Support the Board Chair in preparing the agenda, ensuring alignment with the
approved work plan, resources, and avoiding the board directing staff.
ii) Ensure the agenda packet is appropriately published and noticed;
iii) Ensure minutes are taken and submitted to the City Clerk’s Office;
iv) Participate in candidate recruitment and schedule, coordinate, and participate in
interviews; and
v) Be a resource to the Board and arrange presentations and other work plan items as
appropriate.
3) Norms of behavior:
a) Board members are encouraged to share their experience and knowledge with new
members;
b) Board members should treat all city employees with respect, and in doing so recognize
that staff strive to always serve the public to the best of their abilities;
c) Board members should be mindful of arguing or debating the merits of a staff person's
professional judgment. Should board members disagree with an employee's professional
judgment they should address such disagreement professionally. Unresolved
disagreements may be addressed with the Board Chair, Commission Liaison, Staff
Liaison, or City Manager as appropriate;
d) Board members must not attempt to direct, pressure, or influence staff workloads,
schedules, or department priorities. When posing inquiries to staff, board members
should keep in mind that their question is for informational purposes only;
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e) Board members should not use language or communication methods that a reasonable
person would find humiliating, intimidating, hostile, or offensive;
f) A board member may not take any action that could be construed as a directive or order
to staff and must not attempt to pressure or influence staff workloads, schedules, or
department priorities;
g) All Board interactions shall remain professional and respectful.
h) Specific provisions for board member's attendance at meetings other than board
meetings:
i) Board members may not attend staff meetings unless requested by the City Manager;
ii) Board members’ conduct at public meetings or other events should be informed by
this resolution, adopted rules of decorum, and the Code of Ethics.
iii) If a board member would like to make public comment to the City Commission as a
private citizen the board member should indicate they are speaking in their personal
capacity and not as a member of the board upon which they serve.
iv) If a board member would like to make public comment to the City Commission as a
member of the board upon which they are appointed regarding or in addition to their
Board's recommendation, at the time of making comment to the Commission, they
must identify themselves as a board member and must state that they are representing
their own opinion, not that of the board.
i) All appointed members of city boards or committees should be mindful of the Charter’s
prohibition regarding interference with administration.
Section 4: Repealer
Resolution 5323 is hereby repealed and superseded by this Resolution.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 20th day of October 2026.
___________________________________
JOEY MORRISON
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Appendix A
Rules of Procedure
Section 1
Applicability
A. These rules shall govern the conduct of all City of Bozeman boards, commissions,
agencies, and committees (hereinafter "boards") where a majority of members are
appointed by the City Commission and shall supplement other governing rules of the
board.
B. These rules are supplementary to the provision of Title 7, Chpt. 1, Part 41, MCA, Title 7,
Chpt. 5, Parts 41 and 42, MCA, and Title 2, Chpts. 2 and 3, MCA as they relate to
procedures for conducting meetings and public hearings before City boards.
Section 2
Chairperson and Vice Chairperson – Powers and Duties
A. The membership of each Board will appoint the Chairperson and Vice Chairperson for
the year within one month of the start of new members’ terms.
B. The recording secretary shall be any staff member assigned by the Staff Liaison.
C. The Chairperson shall be the Presiding Officer of the board.
D. During the absence of the Chairperson, the Vice Chairperson shall discharge the duties
and exercise the powers and authority of the chairperson.
E. The Presiding Officer shall preserve strict order and decorum at all meetings and confine
members in debates to the question under consideration.
F. The Presiding Officer may move or second any item of business before the board.
G. The Presiding Officer shall state, or cause to be stated, every motion coming before the
board, announce the time for a roll-call vote to be announced by the recording secretary,
announce the decision of the board on all subjects, and decide all questions of order. For
appeals to the board, a majority vote of the board members present shall govern and
conclusively determine such question of order.
H. The Presiding Officer shall vote on all questions.
Section 3
Parliamentary Authority
A. Unless otherwise specifically provided herein or by ordinance or statute, all meetings and
hearings of the boards shall be conducted in accordance with these rules.
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B. In all cases not covered by these rules, the controlling parliamentary authority shall be the
latest edition of Robert's Rules of Order, Newly Revised.
Section 4
Meeting Agendas
A. The Staff Liaison, or their designee, shall arrange a list of matters to be brought before
the Board according to the order of business specified in the agenda. The agenda must be
furnished, along with all supporting information, to each member and the public through
the City's website no later than 48 hours immediately preceding the meeting for which
that item has been scheduled. All material related to an agenda item before the board
must be made available to the public within the above time frame. Copies of the agenda
shall be available from the City Clerk and one copy shall be posted at the designated
posting board in the City Hall for public viewing and made available on the City's
website. Pursuant to Section 7-1-4135, MCA, the City Commission designates as the
official posting place for all boards the posting board in the lobby of City Hall located at
121 North Rouse Avenue, Bozeman, Montana.
B. The Board Chair shall determine the meeting agenda in consultation with the Staff
Liaison who will prepare and publish the agenda. The agenda is determined by the Board
Chair in collaboration with the Staff Liaison and must be in alignment with an approved
work plan, resources, and must avoid directing staff. The Chairperson or a majority of
board members may remove an item from the agenda. The Commission Liaison may
remove an item from the agenda if it is not in the approved work plan or requested by the
City Commission. The agenda shall be in substantially the following form:
a. Call to Order
b. Disclosures
c. Changes to the Agenda
d. Public Service Announcements
e. Approval of Minutes
f. Consent Items
g. Special Presentations
h. Action Items
i. Work Sessions
j. FYI/Discussion
k. Public Comments on non-agenda items
l. Adjournment
Order of the above may be adjusted by the Presiding Officer.
Section 5
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Meetings
All meetings of the Board shall be open to the public unless authorized by law. Prior to closing
any meeting of the Board, the Chairperson and Staff Liaison shall consult with the City Attorney.
A. Regular Meetings
a. Boards shall establish a regular meeting schedule that aligns with their workload.
b. Any meeting of the Board may be adjourned to a later date and time, provided
that no adjournment shall be for a longer period than until the next regular or
specially scheduled meeting.
c. The Staff Liaison, Presiding Officer, or majority of the Board may cancel a
regular meeting if no business is scheduled for that meeting.
B. Public Hearings
a. Public Hearings are meetings required of some citizen advisory boards to be held
as a public hearing pursuant to law. The provisions of Section 5.A apply to Public
Hearings.
b. Unless prohibited by law, a public hearing may be rescheduled or adjourned to a
specific later date and time.
C. Executive Sessions
a. Executive Sessions are meetings of the Board with the purpose to discuss
litigation strategy, a matter of individual privacy, or other matters wherein a
meeting may be closed pursuant to law and will be scheduled as needed.
b. Although each Executive Session will commence as an open public meeting,
Executive Sessions may be closed to the public pursuant to authority and
limitations in Title 2, Chpt. 3, Part 2, MCA.
c. An Executive Session may be called at any time during any meeting if authorized
by law.
d. The Board Chair must consult the City Attorney prior to attempting to close a
meeting. If the Board Chair does not consult the City Attorney prior to attempting
to close a meeting, the meeting must be adjourned until such consultation can be
obtained or the issue raised that could lead to closing the meeting must not be
discussed.
D. Special Meetings
a. The Presiding Officer or a majority of the board may call Special Meetings of the
board, only after they have the approval of the Commission Liaison to hold such
meeting and after ensuring Staff Liaisons can support the meeting, upon at least
seventy-two (72) hours’ notice to each member personally served on each
member through email or left at the member’s usual place of residence.
b. Notice shall also be made to the public by, at a minimum, posting the agenda on
the City’s website and posting board at least forty-eight (48) hours prior.
E. Subcommittees
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a. Subcommittees shall only be formed with the express authorization of the City
Commission.
b. Subcommittees shall be limited to a period of time in alignment with, or until the
completion of an assigned specified task.
F. An “Ad Hoc Committee” is a temporary committee that is convened for the purpose of
addressing a specific task or issue and formed for a limited period of time in alignment
with, or until the completion of a specific task. An Ad Hoc Committee may be formed by
the City Manager or City Commission and as authorized by the Charter. Members of an
ad hoc committee are appointed by, and serve at the pleasure of, the City Commission.
Ad Hoc Committees are subject to all requirements for public notice and open meetings.
Section 6
Order of Presentation/Public Participation
A. The order in which items are presented to the board shall generally be as follows:
a. The Staff Liaison, or their designee, shall present the agenda item to the Board, if
appropriate.
b. If applicable, the Staff Liaison may present a background report. After the
presentation, board members may ask clarifying questions. If the agenda item is a
public hearing, the Presiding Officer will open the public hearing prior to staff
presentation.
c. If applicable, comments from the applicant, or the applicant's agent, shall be
heard. The applicant's presentation/testimony is limited to ten (10) minutes,
subject to the discretion of the Presiding Officer.
d. After being recognized by the Presiding Officer, a board member may direct
questions to the staff or applicant.
e. Members of the audience, or their agent, may be invited to provide testimony or
evidence. To be recognized, each person desiring to give testimony or evidence
shall approach the podium and, after being recognized, give their name and
whether they are residents of the city or property owners within the city for the
record.
f. After being recognized by the Presiding Officer, a board member may direct
clarifying questions to any person testifying.
g. Following public comment, the Staff Liaison must be given the opportunity to
comment on any testimony or other evidence.
h. Following staff comment and if a public hearing, the applicant will be given the
opportunity to rebut or comment on any testimony or other evidence. The
applicant's comments and rebuttal is limited, subject to the discretion of the
presiding officer, to five (5) minutes.
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i. If a public hearing, following applicant rebuttal and any further questions, the
Presiding Officer will close the hearing and bring the agenda item forward for
motion, discussion, and vote.
j. If a public hearing, after being recognized by the Presiding Officer, a board
member may direct questions limited to the rebuttal testimony and evidence.
k. The recording secretary shall enter into the record all correspondence that has
been received but not yet provided.
l. Unless required to act by a certain date pursuant to law, the Board may continue
the discussion to a date certain, close discussion and vote on the matter, or close
discussion and continue the vote to a date certain.
B. All testimony and evidence shall be directed to the Presiding Officer. No person, other
than a board member and the person recognized as having the floor, shall be permitted to
enter into the discussion. No questions shall be asked of a board member except through
the Presiding Officer.
C. The Board may ask the Staff Liaison for their recommendation.
D. If the Board is presiding over a public hearing, in the event the applicant does not appear
at the scheduled time and place, unless the applicant has waived their appearance in
writing, and the waiver was accepted by the Board, or unless the matter is submitted as a
consent item, the matter must be continued to the next available regular meeting, public
hearing date, or other date certain.
E. Agreement with staff’s written findings is an acceptable method of presenting findings.
F. Witnesses may be required to testify under oath.
G. Anonymous written comments will not be accepted.
H. A public hearing which has been formally closed for all public input may not be reopened
and no additional evidence or testimony from the public shall be received or considered
except as provided herein. If additional information is required from the public before a
decision can be made, the Board upon motion duly made, seconded and passed, may call
for an additional public hearing which hearing shall be noticed as required by law,
specifying date, time place and subject matter of hearing. This paragraph does not
preclude the Board, after the public hearing, from asking questions of staff, receiving
additional evidence from staff or, after a hearing held on a preliminary plat, pursuant to
Title 76, Chpt. 3, MCA, from consulting the applicant about conditions or other
mitigation required of the applicant. Upon decision by the Presiding Officer, or upon a
duly adopted motion of the board to reopen the public hearing prior to close of the agenda
item in which the hearing was held, the requirement to provide public notice does not
apply; the public hearing may be reopened and the additional input provided prior to a
final decision on the item.
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Section 7
Quorum and Voting
A. Unless otherwise provided by law, a quorum shall consist of a majority of all appointed
board members. If a quorum is not present, those in attendance shall be named and the
board shall adjourn to a later time.
B. The recording secretary shall reduce motions to writing and, upon request, shall read a
motion prior to the vote.
C. Votes shall be made by roll-call.
D. Upon every vote, the outcome shall be stated and recorded.
E. A board member has an obligation to vote unless there is a conflict of interest.
F. Email, telephonic, or proxy voting shall be prohibited except as allowed by remote
participation rules adopted by the City Commission.
Section 8
Rules of Debate/Reconsideration/Conflict of Interest
A. Every board member desiring to speak shall address the Presiding Officer and upon
recognition by the Presiding Officer, shall confine discussion to the question under
debate, avoiding all personalities and indecorous language.
B. A board member, once recognized, shall not be interrupted when speaking unless the
member is to be called to order, or as herein otherwise provided. If a board member,
while speaking is called to order, they shall cease speaking until the question of order is
determined, and, if in order shall be permitted to proceed.
C. Order of rotation in matters of debate or discussion shall be at the discretion of the
Presiding Officer.
D. A motion to reconsider any action taken by the Board must be made on the day such
action was taken. It must be made either immediately during the same session, or at a
recessed and reconvened session thereof. Such motion shall be made by one of the
prevailing side, but may be seconded by any member, and may be made at any time and
have precedence over all other motions or while a board member has the floor. It shall be
debatable — nothing herein shall be construed to prevent any board member from
making or remaking the same or any other motion at a subsequent meeting of the board,
but the matter must be duly scheduled as an agenda item.
E. Pursuant to the City' s Code of Ethics, any board member or liaison may seek the advice
of the City Attorney or request the City Attorney issue an ethics opinion pursuant to
2.03.630, BMC. If the City Attorney advises that there is a conflict of interest, the
member shall recuse themself, leave the meeting table, and refrain from the discussion
and vote on the matter for which a conflict of interest exists.
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F. After a motion, duly made and seconded, by the board, no person shall address the board
without first securing the permission of the Presiding Officer.
Section 9
Open Meetings and Email
A. Except for properly called executive sessions as permitted by state law, all meetings of
the board shall be open to the public and media, freely subject to recording by radio,
television and photography at any time, provided that such arrangements do not interfere
with the orderly conduct of the meetings.
B. A quorum of the Board shall not conduct electronic discussions involving a matter over
which the board has supervision, control, jurisdiction, or advisory power. Synchronized
email discussions are email exchanges among a majority of board members within
minutes of each other that create the quality of simultaneity similar to instant messaging
or chat room discussions. Such discussions are characterized as an active exchange of
information rather than the passive receipt of information. An example of synchronized
email discussion would be a majority of board members sitting at their computers and
instantly exchanging emails concerning board business, whereas a passive receipt of
information is where a board member receives an email and responds in the normal
course of time similar to responding by letter received in the mail. The Board shall not
view emails or other electronic communication mechanisms concerning any matter on the
agenda during a board meeting unless the submission is part of a specifically approved
and adopted electronic public testimony program. Electronic communication mechanisms
include text messaging or any other emerging technology that violates the spirit of open
meeting laws. This does not preclude viewing emails or electronic communication
mechanisms that were received prior to the board meeting. Emails received by board
members concerning an agenda item shall be forwarded to the city clerk, and if needed
staff liaison and board secretary and retained in accordance with the City's retention
policy.
C. All communications, including those on non-agenda items, pertinent to a board member’s
role may be considered public information. See Section 15.D.
Section 10
Decorum
A. All boards are subject to and must comply with Section 2.02.120, BMC as required by
2.02.120.L.
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Section 11
Recording of Meetings and Minutes
A. The recording secretary shall prepare a summary of all meetings to be known as the
“Minutes” and to be approved by the Board. It shall not be necessary to formally read out
loud the Minutes prior to approval. The Staff Liaison or Board Secretary may revise such
Minutes to correct spelling, numbering, and other technical defects. Prior to approval, any
board member may request the privilege of amending or correcting the Minutes to
accurately reflect the substance of the prior meeting. If an objection is made by any board
member to such amendment or correction, a majority vote of the board shall be necessary
for adoption of the correction or amendment. The approved minutes shall be forwarded to
the City Clerk's office for posting within a month of the meeting in which they were
approved. The Clerk's Office will provide access to approved Minutes on a Commission
agenda for informational and transparency purposes only.
B. Executive Session Minutes. Executive Session Minutes shall be taken and prepared by
the Board Secretary. The Board shall approve the minutes of an executive session in open
meeting; however, any discussion concerning the contents of the minutes, prior to
approval, shall be conducted in executive session. The Staff Liaison or Board Secretary
will distribute the draft executive session minutes to the members in a manner that
ensures and retains confidentiality. The Board shall follow Sec. 2.02.130 BMC related to
dissemination of executive session minutes.
C. All meetings shall be televised, broadcast, and/or a video or audio recording made. Audio
or video recordings shall be made available to the public unless required to be kept
confidential by law.
Section 12
Attendance at Meetings/Removal by City Commission/Terms
A. All board members are expected to contribute the time necessary to fulfill their fiduciary
obligations to the Board. All board members are required to contact the Presiding Officer
and the Staff Liaison prior to the meeting if they will be absent. If prior contact is made,
the absence may be determined excused by the board. If a board member fails to contact
the Presiding Officer or Staff Liaison prior to the meeting, the absence may be considered
unexcused by the board. The City Commission and City Manager may be notified by the
Staff Liaison of any board member with more than one unexcused absence in any
calendar year. The Board, via motion and vote, may forward to the City Commission the
name of any board member having three or more excused absences, or two or more
unexcused absences, in a one-year timeframe. The City Commission may remove a
board member for excessive absences.
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B. A board member’s term may be extended by the City until the City Commission appoints
a replacement.
C. All terms shall expire on December 31 of their given year.
Section 13
Compliance with the City Code of Ethics
A. All board members are required to follow State ethics laws regarding appointed officials
and the City of Bozeman Code of Ethics.
B. New board members will receive the City of Bozeman ethics handbook and must sign a
form acknowledging receipt of the handbook and affirm they will uphold the state and
city ethics codes.
C. Board members are also required to attend City-sponsored Ethics Training. Non-
compliance with the City Code of Ethics and training requirements may result in removal
of a board member. See the City Code of Ethics for more details.
Section 14
Compliance with the City Purchasing Policy
A. All boards are subject to the City purchasing policy (Administrative Order 2009-06), as
revised, unless specified by law.
B. City Staff Liaisons shall handle financial transactions unless specific arrangements have
been made in writing through the City Controller.
Section 15
Compliance with State Records Retention Policy/Social Media
A. All City boards are subject to the State of Montana records retention policy.
B. The City Clerk’s Office will handle retention of all agendas, minutes, and board
resolutions once they have been forwarded to the Clerk’s Office.
C. E-mails, texts, websites and social networking sites are subject to adopted records
retention schedules. For social media and websites, please refer to the current Information
Technology Social Media Use Policy for further guidelines. Board members do not have
authority to represent or speak on behalf of the City in social media or other public
forums.
D. Individual members are responsible for preserving communications that are potentially
subject to the Right to Know provisions of Montana’s State Constitution (Art. II, Section
9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code
Annotated. As such, these emails and texts, its senders and receivers, and the contents
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may be available for public disclosure and will be retained pursuant to the City’s record
retention policies. Emails and texts that contain confidential information such as
information related to individual privacy may be protected from disclosure under law.
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Advisory Board Work Plans
Why?
To help ensure that meetings are productive, on task, and provide meaningful input to the City
Commission, each board will design an annual work plan. The work plans will be guided by the Purpose,
Focus Areas, and Powers/Duties assigned to each board in their enabling resolution, as well as relevant
Commission priorities or requested items.
Requirements of a Work Plan Item
There are five requirements that must be met for an item to be included on the Work Plan. Items that
are not on the accepted Work Plan, or later explicitly assigned to the advisory board by the City
Commission, should be considered for the next annual work plan.
The five requirements are:
• Must connect to the adopted priorities of the City Commission. The City Commission will set
their priorities and the advisory boards will create their Work Plans to assist in the
accomplishment of relevant items.
• Must be finite (what is the deliverable? Recommendation on policy or prioritization between
policies? Hold a specific event (i.e. clean up day)?
• Must be measurable (how is success defined, was a recommendation or priority provided? Did
an event happen? Did a specific work product get completed, i.e. PRAT Plan?)
• Must be implementable (consider staff time and budget; boards do not allocate or appropriate
funds, but may provide input on the budget process/request funding policy
development/prioritization)
• Must be achievable (large-scale, multi-year projects should be broken down into manageable
sections)
Process
The Work Plan creation process will follow the general timeline of:
• Commission sets two-year priorities following Commission elections.
• Advisory Boards develop and provide the work plan for approval by the City Commission.
o The first meeting should be to propose and discuss items for inclusion; the second meeting
should be to refine the list and identify the work plan specifics.
o Staff may provide analysis to confirm whether proposed items can meet the five criteria.
▪ Work plans and progress reports will be uploaded to Peak by the Clerks’ Office; Staff
liaisons are responsible to get the board approved versions of both to the Clerks’
Office.
▪ Work plans and progress reports will be provided for acceptance by the City
Commission.
• Staff prepare budget requests aligned with work plans for City Manager recommendation.
• Meeting to discuss progress on the work plan and desired future direction. The board will
review items on its work plan and identify those that are complete (green), in-progress (yellow),
or not yet started (red). Items not completed should move to the top priority for the next annual
work plan.
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• Provide a progress report to the Commission annually. This report should include work plan
progress and identified items of future interest for the Commission's consideration.
• The Commission may use these reports to inform future priorities and board work items.
Product
What work plans look like:
• Before anything goes on the workplan, two things should be considered:
o Purpose - Use board purpose as criteria for evaluation (Does this item comport with the
purpose of the board?)
o Powers/Duties – does the board have the authority/specific direction
• If items meet those two criteria, they may be included in the work plan
o Focus – categorized/grouped by focus areas
o Commitment
▪ Time for Board (how much board capacity will this take?)
▪ Time for Staff (how much staff capacity will this take?)
o Schedule (when will work commence and what is a reasonable end?)
o Budget Implications (How will this item/policy/priority impact the City’s budget?)
Format
Focus Area 1: Description
WP Item
Description:
Strategic Priorities
Connection:
Board Time
Commitment:
Staff Time
Commitment:
Schedule: Budget
Impact:
Work Plan 1
Work Plan 2
Focus Area 2: Description
WP Item
Description:
Strategic Priorities
Connection:
Board Time
Commitment:
Staff Time
Commitment:
Schedule: Budget
Impact:
Work Plan 3
Work Plan 4
Focus Area 3: Description
WP Item
Description:
Strategic Priorities
Connection:
Board Time
Commitment:
Staff Time
Commitment:
Schedule: Budget
Impact:
Work Plan 5
Work Plan 6
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Appointment and Onboarding Process
The process from recruitment to appointment/onboarding is outlined below.
• Board member submits official resignation OR a term is ending within 90 days
• Clerks’ Office changes individual’s status in Boards and Commissions Module at the
appropriate time (for in-meeting attendance and web site display)
• “Opening” of application window (applications are always receivable whether a
vacancy exists or not)
o Clerks’ Office:
▪ sends an automated message from the Boards and Commissions
module to each applicant when their application is submitted and any
time the status changes
▪ provides vacancy information to the Mayor for FYI
▪ produces a legal notice of vacancy and opportunity to apply; notice is
also posted online and in the City Hall Lobby
• “Closing” of application window (first review period)
o Clerks’ Office:
▪ compiles applications and distributes to the Commission Liaison,
Board Chair, and Staff Liaison for review
▪ assists with scheduling interviews of applicants
• Upon notification from the Commission Liaison that appointment(s) may proceed,
the Clerks’ Office schedules an item and creates the agenda item
• Appointment occurs at a City Commission meeting
o Appointed applicant receives an automated message from the Boards and
Commissions module:
▪ notification of appointment
▪ notification that the Clerks’ Office will be reaching out to schedule a
1-hour onboarding meeting
▪ a copy of the Ethics Handbook
▪ a link to the High-Performing Board Resolution
▪ the specific Board Resolution
o Non-appointed applicants receive an automated notification from the
Boards and Commissions module thanking them for their interest in serving,
informing them they were not selected but that their application will remain
available for consideration for one year if an opening on the board comes up,
and inviting them to apply for other opportunities that may arise
• Onboarding is scheduled for one hour with the Clerks’ Office and Staff Liaison
300
o Clerks’ Office provides onboarding manual, reviews the general operations of
boards, board “basics” such as quorum, highlights the annual ethics training,
and high-level operations, and ensures members receive trainings required in
the High-Performing Boards resolution
o Staff Liaison provides board specific details, such as any necessary
background or learning materials, board specific operations or procedures,
and unique information related to that Board
o Newly appointed board members must participate in a six-month check-in
with the Staff liaison and Commission Liaison.
301
Memorandum
REPORT TO:City Commission
FROM:Chris Naumann - Sanbell
SUBJECT:Northwest Bozeman Area Plan
MEETING DATE:October 20, 2026
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Review work to date on the Plan and provide guidance to staff.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City of Bozeman is mid-way through the creation of the Northwest
Bozeman Area Plan; a long-range planning effort focused on approximately
3,000 acres in the northwest corner of the City’s growth boundary.
Anticipating the scheduled public review date with the Community
Development Board on November 16, 2026, and the City Commission on
December 15, 2026, this project update intends to briefly summarize the
process to date and introduce the public draft you will be tasked to consider
in December.
This planning effort is connected to the proposed Gooch Hill Sanitary Sewer
Lift Station, which will provide infrastructure necessary to support future
development in this area. While the lift station is a separate engineering
project, the Area Plan will guide how this area develops after the lift station
is operational. The Area plan will address potential land uses, transportation
connections, parks and open space, public infrastructure coordination, and
protection of natural resources.
The Northwest Bozeman Area Plan boundary was determined by the
portions of the two drainage basins to be partially serviced by the Gooch Hill
Sewer Lift Station; more specifically, the northern portion of the Aajker
Creek basin and the western half of the Lower Baxter Creek basin. The
planning area is generally bounded by East Valley Center Road to the north,
the eastern and southern boundary align with Durston Road, Oak Street,
Cottonwood Road, Cattail Street, and the potential future extension of
Ferguson Avenue north back to East Valley Center. The western plan
boundary runs north south approximately one-half mile east of Love Lane.
A copy of the draft plan is attached for reference, which summarizes plan
efforts to date.
302
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the commission.
FISCAL EFFECTS:None
Attachments:
NBAP DRAFT Plan Document October.pdf
Report compiled on: October 5, 2026
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Northwest Bozeman Area Plan
PUBLIC DRAFT304
2 32026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
Table of Contents
Plan Summary ����������������������������������������������������������������������������������������������������5
Introduction��������������������������������������������������������������������������������������������������������7
Area Plan Overview ����������������������������������������������������������������������������������������������������������������������7
Existing Conditions �����������������������������������������������������������������������������������������������������������������������7
Area Plan Location and Jurisdiction ��������������������������������������������������������������������������������������������������8
Planning Context ������������������������������������������������������������������������������������������������������������������������10
Community Engagement ��������������������������������������������������������������������������������������������������������������12
Community Engagement Activities �������������������������������������������������������������������������������������������������13
The Vision ���������������������������������������������������������������������������������������������������������15
Vision Overview �������������������������������������������������������������������������������������������������������������������������15Planning Objectives �������������������������������������������������������������������������������������������������������������������15Plan Themes �����������������������������������������������������������������������������������������������������������������������������16Existing Future Land Use Map �������������������������������������������������������������������������������������������������������20Framework Elements ������������������������������������������������������������������������������������������������������������������20Framework Elements ������������������������������������������������������������������������������������������������������������������22
The Framework �����������������������������������������������������������������������������������������������25
Framework Elements ������������������������������������������������������������������������������������������������������������������25
Natural Resources ����������������������������������������������������������������������������������������������������������������������26
Public Infrastructure �������������������������������������������������������������������������������������������������������������������28
Active Transportation ������������������������������������������������������������������������������������������������������������������30
Complete Framework ������������������������������������������������������������������������������������������������������������������32
Proposed Future Land Use������������������������������������������������������������������������������������������������������������34
Proposed Future Land Use - Natural Resources ���������������������������������������������������������������������������������36
The Plan ������������������������������������������������������������������������������������������������������������39
Recommendations, Themes, Goals, & Objectives ������������������������������������������������������������������������������39
Implementation �����������������������������������������������������������������������������������������������45
Challenges & Constraints �������������������������������������������������������������������������������������������������������������46
Opportunities ����������������������������������������������������������������������������������������������������������������������������47
Planning Process ������������������������������������������������������������������������������������������������������������������������48
APPENDIX A: Bozeman Planning Context ���������������������������������������������������������������������50
APPENDIX B: Future Land Use Suitability Analysis �����������������������������������������������������52
APPENDIX C: Community Engagement Materials �������������������������������������������������������54
APPENDIX D: Community Plan Supporting Data ���������������������������������������������������������56
APPENDIX E: Community Plan Amendment Compliance �������������������������������������������58
APPENDIX F: Montana Land Use Planning Act Compliance ��������������������������������������60
Acknowledgements
City of Bozeman Project Team
• Shawn Kohtz, Director of Utilities
• Nick Ross, Director of Transportation & Engineering
• Chris Saunders, Community Development Manager
• Tom Rogers, Senior Planner
• Takami Clark, Communications & Engagement
Manager
• Emily Kiely, Community Engagement Coordinator
City of Bozeman
• City Commission
Joey Morrison
Douglas Fischer
Jennifer Madgic
Emma Bode
Alison Sweeney
• Community Development Board
• Transportation Board
• Sustainability Board
Gallatin County
• Planning Board
Sanbell Project Team
• John Halverson
• Tom Hansen
• Chris Naumann
• Kendra Piedalue
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4 52026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
Collaborate with partners
to ensure alignment with
adopted community plans�
Engage the community to
identify shared values to
be reflected in the Area
Plan
Plan infrastructure to
provide access for vehicles,
bicyclists, and pedestrians
and sufficient capacity for
public utilities
Protect natural resources
and sensitive lands within
the regulatory framework
Promote a mix of land
uses to enhance economic
health and community
vitality
Recommendations
Prioritize natural resource
protection for water
courses, wetlands,
and riparian areas by
minimizing the impacts
of public and private
development consistent
with other requirements and
community priorities.
Plan public infrastructure
corridors for efficient
delivery and long-term
management of streets,
water, sewer, stormwater,
and active transportation
facilities.
Apply future land uses
and zoning that provide
a variety of housing near
employment, commercial
services, and open spaces.
Implement an active
transportation network
that provides connectivity,
efficiency, and safety for
non-motorized commuting
and recreation.
Continue to engage in
cooperative planning
and coordination with
neighboring jurisdictions
and governing agencies.
The Vision
The Northwest Bozeman Area Plan vision is to protect existing natural resources consistent with thoughtful
planning for public infrastructure and private development to meet the needs of a growing community.
1
1
2
2
3
3
4
4
5
5
Planning Objectives
Plan Summary
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6 72026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
Introduction
Area Plan Overview
The Northwest Bozeman Area Plan serves as a long-
range vision that helps protect public health, safety, and
wellness, stewards natural resources, guides infrastructure
improvements for cost efficiency and effectiveness, and
facilitates land use decisions as growth occurs over time.
In short, the goal of the area plan is to proactively shape
one of Bozeman’s key growth areas before development
occurs.
The area plan is the culmination of a long-range planning
effort focused on approximately 3,000 acres in the
northwest corner of the City’s growth boundary.
The City of Bozeman initiated this planning effort in
connection with municipal infrastructure to facilitate future
development in this area. While the lift station is a separate
engineering project, the Area Plan guides how this area
develops after the lift station is operational. The Area Plan
addresses potential land uses, transportation connections,
parks and open space, public infrastructure coordination,
and protection of natural resources.
The purpose of the Area Plan is to thoughtfull envision
the area’s transition over time as growth continues, not
to maintain the status quo. The Area Plan aligns with
the Bozeman Community Plan and other adopted City
plans to ensure future development reflects community
priorities and city wide goals. The planning area has long
been designated for urban development in the City’s land
use plan, Gallatin County’s Envision Gallatin Plan, and the
Triangle Plan (a collaboration between Bozeman, Belgrade,
and Gallatin County).
The Area Plan provides general guidance and does not
establish regulations. The Northwest Bozeman Area Plan is
not a development plan but rather a long-range vision plan.
The Area Plan does not require property owners to develop
their land. It does not dictate when development will occur.
Property owners retain the right to decide whether, when,
and how they pursue development, subject to applicable
regulations.
Existing Conditions
The Northwest Bozeman Area Plan boundary includes
approximately 3,000 acres south of Interstate 90 between
Bozeman and Belgrade. Most of the planning area is
outside of the current Bozeman city limits consisting of
private property primarily used for agriculture. The planning
area also includes numerous residences along the eastern
boundary including the Valley Center and Northwest
Crossing subdivision.
The planning area contains dozens of natural and man-
made water courses. Most notably, Aajker and Baxter
Creeks traverse this geography south to north with
McDonald Creek crossing the southwest corner of the
planning area. Numerous primary and secondary irrigation
ditches crisscross this area. A significant amount of wetland
and riparian habitat flank these water courses.
The topography is relatively flat, gently sloping from south
to north with elevations ranging between 4,500 and 4,750
feet above sea level. There are several small areas with
slopes greater than 25% along parts of Harper Pucket Road,
Baxter Creek, and a few abandoned railroad spurs.
Very few paved roads bisect the planning area. The primary
north-south roads include North Cottonwood Road, Harper
Pucket Road and Hidden Valley Road. The primary east-
west corridors include East Valley Center Road, Baxter
Lane, West Oak Street, and Durston Road. Almost no City
services for water and sewer exist within the planning area.1
Introduction
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8 92026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
Area Plan Location and Jurisdiction
The Northwest Bozeman Area Plan boundary was determined by the portions
of the two drainage basins to be partially serviced by the Gooch Hill Sewer Lift
Station; more specifically, the northern portion of the Aajker Creek basin and the
western half of the Lower Baxter Creek basin.
The planning area is defined by the existing and future road network. East
Valley Center Road establishes the entire length of the northern plan boundary.
The eastern and southern plan boundary align with Durston Road, Oak Street,
Cottonwood Road, Cattail Street, and the potential future extension of Ferguson
Avenue north back to East Valley Center. The western plan boundary runs north-
south approximately one-half mile east of Love Lane.
Approximately 250 acres of the planning area is currently included in the
Bozeman city limits located northwest of the Cottonwood and Oak intersection.
The remaining 2,750 acres of planning area falls within the jurisdiction of
Gallatin County. Areas within the Gallatin County jurisdiction are both zoned and
unzoned. County zoning designations within the planning area include in order
of prevalence: RR/A, AS, R-MH, and RS.
There are several other overlapping jurisdictions. Most of the planning area is
within the Central Valley and Hyalite Fire Districts. Bozeman Elementary and
Highs School District #7 covers much of the planning area with a small portion
of the Belgrade Elementary and High School District #44 overlapping the
northwest corner.
Legend
Area Plan Boundary
Bozeman City Limits
Belgrade City Limits
Aajker Creek
Lower Baxter Creek
(NOT TO SCALE)
I-90
HUFFINE LNJACKRABBIT LN19TH AVEBOZEMAN
FOUR CORNERS
BELGRADE
OAK STLOVE LNE VALLEY CENTER RD
VICINITY MAP
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10 112026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
The 2020 census was an important milestone for the Bozeman area.
It marked our population exceeding the 50,000-person threshold,
which meant that we were no longer categorized as micropolitan.
This entrance into metropolitan status also meant that we are
federally required to create a Metropolitan Planning Organization,
commonly known by its acronym, MPO.
A large group of partners has come together to form the MPO. These
organizations include: City of Bozeman, City of Belgrade, Gallatin
County, Montana Department of Transportation, and Streamline
Transit.
MPOs are federally mandated transportation planning organizations
comprised of local government organizations that work together
in transportation planning for the area. While MPO status may not
provide additional transportation funding, they can provide more
direct access to federal funds and improve planning coordination.
- Gallatin Valley Metropolitan Planning Organization
The community plan is a policy document guiding further growth
and community development in Bozeman. It sets forth Bozeman’s
policy for land-use and development. It reflects the community’s
shared values and priorities. The Plan helps guide residents, City
staff, and elected officials’ decisions. It brings land use policy
into larger community discussions on many issues addressed by
the City. Its measure of success is continuation of the Bozeman
tradition— a flourishing, safe, healthy, and a vibrant place to live,
work, and raise a family.
- Bozeman 2025 Community Plan
With population growth and fast-paced land development, the
Triangle area of Gallatin County, which is loosely described as
the area between Bozeman, Four Corners, and Belgrade, is
experiencing change. The Planning Coordination Committee
(PCC) has developed the Triangle Community Plan to coordinate
land use development patterns, deliver community services and
infrastructure, and protect important environmental resources,
all in a manner that supports community values and vision while
responding to rapid growth pressures.
- 2020 Triangle Community Plan
Planning Context
The Northwest Bozeman Area Plan geography is included within numerous
planning boundaries including the City of Bozeman Community Plan, the
Triangle Community Plan, and the newly formed Gallatin Valley Metropolitan
Planning Organization.
The primary purpose of the Area Plan is to provide land use guidance when
any of the private properties within the planning boundary are annexed into the
City of Bozeman. Therefore, the Area Plan is primarily based upon the goals of
the Bozeman Community Plan and is subordinate to the current edition of the
Bozeman Community Plan. A complete list of related and referenced plans is
provided in Appendix A.
Community and land use planning in Montana is defined and governed by
the 2023 Montana Land Use Planning Act. A land use plan, commonly called
a community plan, establishes community goals related to land use, housing,
natural resources, economic development, public facilities, and local services.
State law allows for the adoption of area plans that are consistent with the
overall land use plan. The Bozeman Community Plan 2025 establishes the
fundamental vision for guiding the continued growth of the community and
articulates the resident’s priority to maintain Bozeman as “a flourishing, safe,
healthy, and a vibrant place to live, work, and raise a family.”
The Northwest Bozeman Area Plan directly supports and advances the seven
themes established in the Bozeman Community Plan.
1. A Resilient City
2. A City of Unique Neighborhoods
3. A City Bolstered by Downtown and Complimentary Districts
4. A City Influenced by Our Natural Environment, Parks, and Open Lands
5. A City that Prioritizes Accessibility and Mobility Choices
6. A City Powered by its Creative, Innovative, and Entrepreneurial Economy
7. A City Engaged in Regional Coordination.
The Area Plan incorporates by reference the content of the Community Plan for
detailed information and projections relating to socio-cultural demographics,
economic development, and infrastructure planning, in addition to the adoption
and amendment processes. Additional comunity data is provided in Appendix D.
The Northwest Bozeman Area Plan will become a supplement to the Bozeman
Community Plan. As such, the process to formulate and adopt the Area Plan
meets the land use plan requirements established by state law.
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Community Engagement
A comprehensive community engagement effort was
implemented throughout the planning process. The goals
of this effort were to keep the public informed, generate
new ideas, and gather feedback from the local community
to ensure that the plan reflects the values of the area land
owners, residents, and Bozeman community at large.
The planning team employed a variety of engagement
strategies to reach as many individuals as possible. A
project website kept the public updated through the
project’s entirety and provided opportunities for online
feedback. Seven stakeholder meetings were held
with representatives from city and county government
departments, non-profit organizations, large and small
property owners, and private utility companies in June
2026 with 62 total participants. Public open house
events were held June 30 and July 8, 2026, with 120
total attendees. A pop-up event was held at the Bozeman
Farmer’s Market on July 14, 2026, with 47 participants
engaged.
Much of the engagement feedback confirmed the priorities
that the planning team had already identified for the Area
Plan. One overarching sentiment was that proactively
creating a vision is better than having no plan at all. More
specifically, the following common issues emerged from the
engagement process.
1. Wetlands & natural resource protection is widely
supported
2. Transportation network opinions diverge between
maximizing connectivity or protection of natural
resources
3. Trail system includes strong east-west connections but
lacks good north-south routes
4. Rural vs. urban character and density are sources of
stark disagreement
5. Water & sewer capacity and infrastructure were
identified as critical path issues
A compilation of the community engagement efforts and
outcomes are included in Appendix C.
Community Engagement Activities
FOCUS GROUP MEETINGS
6/5/26 Transportation Representatives
6/5/26 Government Representatives
6/5/26 Natural Resources Representatives
6/10/26 Large Property Owners
6/12/26 Large Property Owners
6/12/26 Private Utility Providers
8/25/26 Gallatin Water Collaborative
PUBLIC EVENTS
6/30/26 Public Open House
7/8/26 Public Open House
7/14/26 Pop-Up at Farmer’s Market
WORK SESSIONS
9/8/26 Planning Coordinating Committee
9/23 City Transportation Board
10/13 Gallatin County Planning Board
10/14 City Sustainability Board
10/19 City Community Development Board
10/20 City Commission
PUBLIC DRAFT COMMENT PERIODS
10/06 FIRST DRAFT 30-day public comment period
11/04 FINAL DRAFT 30-day public comment
FORMAL ADOPTION PUBLIC HEARINGS
11/16 Community Development Board
12/15 City Commission
*future dates subject to change
Website Statistics
3,300 TOTAL PAGE VISITS
2,900 UNIQUE VISITORS
450 DOCUMENT DOWNLOADS
*as of 8/31/26
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14 152026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
The Vision
Vision Overview
The Northwest Bozeman Area Plan vision is to protect
existing natural resources consistent with thoughtful
planning for the public infrastructure and private
development to meet the needs of a growing community.
The 2025 Bozeman Community Plan and the 2020 Triangle
Community Plan provide the foundation upon which the
Northwest Bozeman Area Plan was built. These guiding
documents capture the diverse perspectives of Gallatin
Valley residents and articulate the common values around
community resilience, vibrancy, and sense of place.
More specifically, the Area Plan vision is informed by
identifying the planning objectives, reflecting on the
Community Plan themes, determining applicable future land
use designations, and applying the framework elements.
These components are described below and considered in
more detail throughout the plan.
Planning Objectives
The Northwest Bozeman Area plan is structured around
five planning objectives. These objectives reflect
community values and guide future growth in ways that
create safe, resilient, and inclusive neighborhoods. The
following objectives were informed by the initial community
engagement.
1� Collaborate with partners to ensure alignment with adopted community plans
• Considering the numerous overlapping jurisdictions and
planning boundaries, it is imperative that the Area Plan
build upon the preceding planning processes. The goal
is to apply the lessons learned from other plans to this
particular geography.
2� Engage the community to identify shared values to be reflected in the Area Plan
• Community engagement helped guide and inform
the Area Plan vision, planning objectives, and
recommendations. The planning area has unique
characteristics that resonate with the community and
create a strong sense of place.
3� Protect natural resources and sensitive lands within the regulatory framework
• The quantity and quality of water courses, wetlands,
and riparian habitat add ecological, social, and cultural
value to the Gallatin Valley. Impacts to these natural
resources should be minimized to the greatest extent
possible.
4� Plan infrastructure to provide access for vehicles, bicyclists, and pedestrians and sufficient capacity for public utilities
• Future growth and annexation will require constructing
a cohesive multimodal transportation network that
accommodates vehicles, bicyclists, and pedestrians.
Public and private utilities will align with the trans
portation network.
5� Promote a mix of land uses to enhance economic health and community vitality
• The vision is to facilitate a diversity of services and
amenities within or near new residential areas. Having
convenient and proximate access to everyday needs
reduces traffic and environmental impacts.2
The Vision
Community Desires
People who have participated in this Plan
have consistently stated a desire for safe and accessible streets that support and encourage
a variety of transportation preferences including walking, bicycling, transit, and driving. They want to live in walkable neighborhoods where
they have easy access to everyday services, employment opportunities, healthy and
affordable food, recreation, and social gathering places. Housing affordability is a concern; residents of all ages, abilities, and income levels
require a diversity of housing types to meet their specific needs. Open space, parks, trails, and
the preservation of local agricultural lands and view sheds were also priorities.
- 2025 Bozeman Community Plan
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16 172026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
A Resilient City
“Our City desires to be forward thinking, collab-
orative, and deliberate in planning and execu-
tion of plans and policies to enable our commu-
nity to successfully ride the waves of change.”
- Bozeman Community Plan
The Area Plan is a continuation of the long history
of proactive planning by Bozeman, Belgrade,
and Gallatin County. As growth expands to the
northwest, it is incumbent that the community
prioritize natural resource protection, wildfire
preparedness, water conservation, and socio-
cultural well-being. This is a chance to improve
upon the community’s already high quality built
environment in a way that celebrates the area’s
exceptional natural environment.
A City of Unique
Neighborhoods
“Our City desires to be diverse, healthy, and
inclusive, defined by our vibrant neighborhoods,
quality housing, walkability, excellent schools,
numerous parks and trails, and thriving areas of
commerce.”
- Bozeman Community Plan
As Bozeman continues to grow to the northwest,
there is an opportunity to learn from how the
community has changed in the past and apply best
practices and precedents to this new geography.
The Area Plan envisions multiple development
areas with a variety of housing sizes, styles, and
price points to create interesting and diverse
residential fabric. Equally important will be to
strategically incorporate a host of commercial and
civic services along primary transportation corridors.
A City Bolstered
by Downtown and
Complimentary Districts
“Our City is bolstered by our Downtown, Mid-
town, University and other commercial districts
and neighborhood centers that are characterized
by higher densities and intensities of use.”
- Bozeman Community Plan
The Area Plan does not envision a new district that
would resemble or rival Downtown, Midtown or
other existing commercial destinations like North
7th or North 19th. But with the densities and mix
of uses outlined in the Community Plan, this area
will complement other parts of town as it expands
northwest.
Plan Themes
The themes of the Northwest Bozeman Area Plan directly
reflect and support the seven major components of the
Bozeman Community Plan which “describe community-
derived desired outcomes.” The Community Plan explains
that the themes “contain objectives and actions to guide
the City towards its vision and evolve as the City grows.”
Each Community Plan theme has been adapted to apply
specifically the attributes of the Area Plan geography.
Regional coordination creates and maintains
a coherent land use pattern that supports the
needs of existing and future citizens and the
desire to protect community character and
amenities. Belgrade, Bozeman and Gallatin
County will coordinate land use in the Triangle
to achieve:
• Compact, contiguous development and
infill to achieve an efficient use of land
and infrastructure, reducing sprawl and
preserving open space, agricultural lands,
wildlife habitat, and water resources;
• Well-planned transportation systems,
consistent with the overall growth
management vision, support the
development of multi-modal and public
transportation networks;
• Community core that have adequate
transportation, utility, health, educational
and recreational facilities. Residential areas
that provide healthy surroundings; and
• Opportunities for agriculture, industry and
business, while minimizing conflict between
adjacent land uses.
-2020 Triangle Community Plan
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18 192026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
A City Influenced
by our Natural
Environment,
Parks, and Open Lands
“Our City is home to an outdoor-conscious
population that honors and protects our natural
environment and our well-managed open space
and parks system.”
- Bozeman Community Plan
With the anticipated expansion of the city limits
and urban development, public and private
development should carefully evaluate this area’s
natural resources and compliment them with
protected open spaces. Intentionally planning for a
series of interconnected corridors of water courses,
wetlands, and riparian habitat will not only preserve
these critical natural resources but also significantly
enhance the quality of life and sense of place for
nearby residences and mixed-use centers.
A City that Prioritizes
Accessibility and
Mobility
“Our City fosters the close proximity of housing,
services, and jobs, and desires to provide safe,
efficient mobility for pedestrians, cyclists, transit
users, and drivers.”
- Bozeman Community Plan
This area presents an opportunity to connect
every aspect of the community with dedicated
active transportation facilities in conjunction with
the traditional street network. A system of shared
use paths, natural trails, and sidewalks will provide
options to travel for work, services, and recreation.
The Area Plan geography is central to building out
the active transportation network envisioned by the
2021 Triangle Trails Plan and 2024 Parks, Recreation
and Active Transportation Plan.
A City Powered by its
Creative, Innovative,
and Entrepreneurial
Economy
“Our City benefits from and desires to further
an expanding economy that is powered by the
talents of its residents, a dedicated and engaged
business community, and strong regional part-
nerships.”
- Bozeman Community Plan
While most of the future growth will be residential
development, expansion of the community to the
northwest is conducive to a mix of uses that will
bolster the local economy. Commercial uses could
include restaurants and retail stores, professional
services and offices, and health care services. Civic
and institutional uses could include K-12 schools,
recreation and fitness centers, and social services.
Not only do these types of uses provide essential
services to nearby residents, but they would also
bring a significant number of jobs to this part of the
community.
A City Engaged in
Regional Coordination
“Our City, in partnership with Gallatin County,
Montana State University, and other regional
authorities, desires to address the needs of a
rapidly growing and changing regional popula-
tion through strategic infrastructure choices and
coordinated decision-making.”
- Bozeman Community Plan
This area is unique as it represents a transition
between the traditional city limits of Bozeman
and Belgrade. It is no coincidence that so many
collaborative planning efforts have focused on
this geography including the Triangle Community
Plan, Triangle Trails Plan, and Greater Triangle
Transportation Plan. The Area Plan aims to build
upon the legacy of coordination between adjacent
and overlapping jurisdictions and strategic
infrastructure improvement for the benefit of the
entire Gallatin Valley community.
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20 212026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
Existing Future Land Use Map
The 2025 Bozeman Community Plan includes a Future Land Use Map that
prescribes general categories of desired development types and densities for
every area of the city. Each future land use is compatible with numerous zoning
designations that implement the intended land uses.
Future Land Use designations are important because they aim to further the
vision and goals of the City through promoting sustainability, citizen and visitor
safety, and a high quality of life that will shape Bozeman’s future development.
The Community Plan utilizes nine future land use categories to illustrate and
guide the intent, type of use, density, and intensity of future development. The
Bozeman Community Plan 2025 proposes ways to meet the communities’ needs
for housing, economic activity, recreational needs, transportation, utilization of
natural resources and efficient use of limited resources.
The current Future Land Use Map has established that the land within the
Area Plan boundary is a mix of three different land use designations: Urban
Neighborhood, Residential Mixed Use, and Community Commercial Mixed
Use. The majority of the Area Plan land is currently designated as Urban
Neighborhood, which allows residential development of various densities
and some low-density commercial uses. The small nodes of Residential
Mixed Use allow integrated development that is residential focused with
some complementary commercial uses. Community Commercial Mixed Use
emphasizes commercial uses supplemented with some residential development.
The Northwest Bozeman Area Plan recommends retaining Urban Neighborhood
as the predominant future land use while moving the Residential Mixed Use
and Community Commercial Mixed Use areas to more appropriate locations
coordinated with other elements of the Area Plan. The Area Plan also considers
the appropriateness of additional future land use designations.
Urban Neighborhood
Allowed zoning districts: R-A, R-B, R-C, R-D, REMU, B-1, PLI
Legend
Bozeman City Limits
Area Plan Boundary
Future Land Use
Urban Neighborhood
Residential Mixed Use
Community Commercial
Mixed Use
Regional Commercial
Services
Traditional Core
Industrial
Maker Space Mixed Use
Public Institution
Parks and Open Space
Present Rural
(NOT TO SCALE)
E VALLEY CENTER RD
BAXTER LN
W OAK ST
DURSTON RD DAVIS LNCOTTONWOOD RDHARPER PUCKETT RDFERGUSON AVEGOOCH HILL RDLOVE LNResidential Mixed Use
Allowed zoning districts: R-B, R-C, R-D, REMU, B-1, PLI
Community Commercial Mixed Use
Allowed zoning districts: REMU, B-1, B-2, B-2M, PLI
EXISTING FUTURE LAND USE MAP
Acreage Scale160 acres
80
40 20
10 10
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22 232026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
Collaborate
with partners to
ensure alignment
with adopted
community plans
Protect natural
resources
and sensitive
lands within
the regulatory
framework
Engage the
community to
identify shared
values to be
reflected in the
Area Plan
Plan infrastructure
to provide access
for vehicles,
bicyclists, and
pedestrians and
sufficient capacity
for public utilities
Promote a mix
of land uses
to enhance
economic health
and community
vitality
Planning Objectives
Future Land Uses
Urban Neighborhood Residential Mixed Use Community
Commercial Mixed Use
Parks & Open Land/
Space
Framework Elements
Natural Resources Active Transportation Public Infrastructure Future Land Uses
Plan Themes
A Resilient City A City of Unique
Neighborhoods
A City that Prioritizes
Accessibility and
Mobility
A City Bolstered
by Downtown and
Complimentary
Districts
A City Powered by its
Creative, Innovative,
and Entrepreneurial
Economy
A City Influenced
by our Natural
Environment, Parks,
and Open Lands
A City Engaged in
Regional Coordination
Framework Elements
The Northwest Bozeman Area Plan is structured around
four framework elements that inform the alignment
of natural resources, public infrastructure, active
transportation, and future land uses. The purpose of the
framework is to ensure that any future development on this
land will create desirable neighborhoods that will thrive
through a mix of uses, active transportation, unique identity,
and natural resource protection.
The Natural Resources framework element identifies
streams, ditches, wetlands, associated setback areas, and
slopes exceeding 25 percent. These natural resources and
environmental features represent important community
assets within the planning area. Mapping these resources
helps inform where future infrastructure and development
should be directed to minimize impacts and preserve
sensitive landscapes.
The Active Transportation framework element incorporates
a network of shared use paths and natural trails to provide
opportunities for non-motorized recreation and commuting.
Paved shared use paths will typically follow the collector
and arterial street network. Natural surface trails will align
with watercourses and natural areas when possible.
The Public Infrastructure framework element proposes a
system of primary streets, water mains, sewer mains, and
stormwater facilities. These infrastructure corridors are
aligned to provide connectivity and distribution of services
while minimizing natural resource impacts.
The Future Land Uses framework element revises the
Future Land Use Map to appropriately locate the various
land uses. The locations were determined using a suitability
analysis in ArcGIS to collocate the more intense and
commercial oriented land uses along primary transportation
corridors and at major street intersections.
All four element layers are combined and create a
comprehensive framework to guide future development.
Natural resources establish important context. Public
infrastructure creates corridors for travel and utilities while
minimizing impacts. The active transportation system
provides dedicated space and efficient connectivity for
bicyclists and pedestrians. And, finally, future land uses are
designated in the most suitable areas to meet the goals and
objectives of the Bozeman Community Plan 2025.
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3
The Framework
The Framework
Framework Elements
The foundation of the Northwest Bozeman Area Plan is
a framework map made up of various existing and future
layers or elements. The framework elements identify
current conditions including existing development, natural
resources, and existing public infrastructure like roads,
shared use paths, natural trails, water facilities, and sewer
facilities. Additional framework elements map potential
locations for future public infrastructure. These elements
are then combined to ‘net out’ protected natural resources
and the land needed for essential public infrastructure.
The remaining land was then studied using a GIS-based
suitability analysis to define the location, type, and intensity
of potential future development.
Layering the Framework
Active Transportation
Public Infrastructure
Natural Resources
Project Boundary
316
26 272026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
Natural Resources
The adjacent map illustrates the significant number of natural resources found
within the Northwest Bozeman Area Plan boundary. Wetlands, creeks, irrigation
ditches, and a few large stands of mature trees are prominent across the area.
The Gallatin Valley Sensitive Lands Study was the primary source of this data.
The Area Plan incorporates the required natural resource supporting data by
reference to the 2025 Bozeman Community Plan Appendix B.
Despite considerable impacts from agricultural activities over the last century,
these natural resources are important for a myriad of reasons. Riparian buffers,
including wetlands and stands of trees, stabilize the banks of adjacent water
courses. Dense vegetation also filters surface water of pollutants and sediment
in addition to retaining important nutrients. These areas serve as important
habitats for a diverse array of aquatic species, wildlife, and birds. The water
courses, both natural and artificial, convey legal water rights for irrigation within
the planning area and beyond.
To protect natural resources, the other framework elements have been planned
to minimize the impacts of the proposed public infrastructure corridors, active
transportation network, and future land uses. Impacts cannot be entirely avoided
but with thoughtful planning, intentional design, and responsible construction
most of the natural resources can be preserved.
There is the opportunity to go beyond protection and potentially enhance, and
even expand, the natural resources within the planning area. The prominent
watercourses, such as Aajker and Baxter Creeks, could be candidates for
restoration projects. The Gallatin Valley needs additional wetland mitigation
banking capacity to help offset wetland impacts elsewhere in the Gallatin
watershed. A regional stormwater facility could treat runoff water from the built
environment across several hundred acres and incorporate natural areas, open
space, and parks.
Further analysis is needed to determine whether these restoration or
enhancement projects would be viable in the northwest Bozeman planning area.
These projects would require establishing strong public private partnerships to
engage in planning, funding, construction, and maintenance.
Mandeville Creek Restoration Project
“The Mandeville Creek restoration project used low-tech, process-based
structures, to increase stream function, water quality, and water quantity. The
project has reconnected the stream to its floodplain, developed healthier
riparian and wetland habitats and increased groundwater retention.”
Sacajawea Wetland Mitigation Bank
“The Sacajawea Audubon Society (SAS) is moving forward to establish a Wetland
Mitigation Bank at the Indreland Audubon Wetland Preserve. Our intent is to
provide a local wetland mitigation option to help offset wetland impacts.”
Shiloh Conservation Area Regional Stormwater Facility
“Stormwater runoff is a significant source of water pollution on Billings west end
as it transitions from agriculture to residential and commercial development.
The 66-acre facility provides stormwater treatment and flood control for
approximately 35 square miles.”
Legend
Waterways
Irrigation Ditches
Wetlands & Stream
Setbacks (50')
>25% Slope
Area Plan Boundary
(NOT TO SCALE)
E VALLEY CENTER RD
BAXTER LN
W OAK ST
DURSTON RD DAVIS LNCOTTONWOOD RDHARPER PUCKETT RDFERGUSON AVEGOOCH HILL RDLOVE LNNatural Resources
317
28 292026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
Public Infrastructure
The adjacent map proposes public infrastructure corridors consisting of the City
of Bozeman rights-of-way that would include future streets, water mains, sewer
mains, and stormwater facilities. The following adopted plans informed the
proposed alignments: the 2017 Bozeman Transportation Master Plan, the 2015
Bozeman Water Facility Plan, the 2025 Wastewater Facility Plan, and the 2008
Stormwater Facilities Plan. These recommended corridors are consistent with
the recommendations of the 2022 Greater Triangle Area Transportation Plan.
The Area Plan and the public infrastructure framework element focus on
the three major street classifications: principal arterials, minor arterials, and
collectors. These streets require between 90 and 120 feet of dedicated right-
of-way. Water, sewer, and stormwater facilities are typically collocated within
the same right-of-way as the streets. This approach reduces the amount of land
required for providing these essential public services. Local streets are typically
planned during the annexation or subdivision processes.
Street and utility networks are typically aligned in a grid providing regularly
spaced east-west and north-south streets perpendicularly intersecting one
another. Due to the prevalence of high-value natural resources, a uniform street
grid may not be possible or preferable. The City’s policy of a fully connected
street grid will be influenced by the existence of natural resources and
constraints. Harper Pucket Road bisects the planning area but does not have
the typical east-west or north-due south alignment. Instead, it was built with an
irregular alignment to minimize impacts where it parallels and crosses Baxter
Creek.
The goal of the proposed public infrastructure network is to minimize natural
resource impacts. For instance, certain routes deviate from the typical
perpendicular grid alignment to cross a watercourse or wetland at the narrowest
point. In other cases, street and utility corridors are interrupted and do not
connect across significant wetland areas. These proposed alignments will help
guide additional analysis as part of the update to the Bozeman Transportation
Master Plan in 2027. The street layout shown is conceptual and may change
based on unforeseen conditions, economic considerations, and community
needs.
(NOT TO SCALE)
E VALLEY CENTER RD
BAXTER LN
W OAK ST
DURSTON RD DAVIS LNCOTTONWOOD RDHARPER PUCKETT RDFERGUSON AVEGOOCH HILL RDLOVE LNLegend
Existing Street
Classification
Principal Arterial
Minor Arterial
Collector
Future Street
Classification
Principle Arterial
Minor Arterial
Collector
Area Plan Boundary
Wetland and Stream
Setbacks (50ft)
Public Infrastructure
2017 Bozeman Transportation Master Plan
GOAL 6: Protect and Enhance Environmental Sustainability, Provide
Opportunities for Active Lifestyles, and Conserve Natural and Cultural Resources.
Not only are impacts to the environment taken more seriously,
but increasingly citizens are demanding a more holistic approach to transportation. The preservation of natural, historic and cultural
resources, as well as promoting a healthy, active lifestyle, are priorities of this TMP and current Federal transportation planning guidance.
Objective 6�2� Coordinate transportation planning activities with appropriate federal, state, and local agencies responsible for land
use management, natural resources, environmental protection, conservation, and historic preservation.
Layout is conceptual
and subject to change.
318
30 312026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
Active Transportation
The adjacent map proposes an active transportation system of shared use paths
and natural trails for the Northwest Bozeman Area Plan as previously proposed
in the Bozeman Parks, Recreation, and Active Transportation Plan adopted in
2023. This network is also consistent with the recommendations of the 2021
Triangle Trails Plan.
Since shared use paths are intended to provide a variety of transportation
alternatives to single-occupancy motor vehicles. As such, shared use paths are
paved, ranging between 10 to 16 feet wide, and typically parallel collector and
arterial streets within the dedicated right-of-way. Natural surfaced trails ideally
are located within greenways adjacent to watercourses to provide a better user
experience focused more on recreational activities. Where a street alignment is
interrupted by a natural area there may be an opportunity to connect a share use
path or trail especially in conjunction with other underground utilities. With the
advent of micromobility devices and e-assist technology best practices are rapid
evolving and City policies will adapt to meet the mobility needs of its residents.
Natural surfaced trails ideally are located within greenways adjacent to
watercourses to provide a better user experience focused more on recreational
activities. Consideration should be given to the relationship between natural
trails, watercourses, wetlands, and the corresponding regulatory setbacks.
Natural surface trails are currently allowed by the City’s Unified Development
Code within the outer portion of a water course or wetland setback. When
feasible, trails should be located adjacent but just outside such setbacks which
would further reduce impacts and create wider greenway corridors.
As properties within the Area Plan boundary are annexed and developed, the
expectation is that developments will incorporate shared use paths and natural
trails as proposed by adopted plans. But careful design consideration should be
given not only to the location and alignment of new active transportation routes,
but also to incorporating safe path and trial crossings of major streets.
The 2023 PRAT Plan notes that “demand for new facilities to expand the current
network of pathways, trails and bicycle facilities is strong and the network will
need to keep up with the growing community”. Most of the recent plans adopted
by the City of Bozeman, City of Belgrade, and Gallatin County have prioritized
building a more complete, better connected active transportation network.
A more extensive system of shared use paths and natural trails will provide
residents with the opportunity of walk and bicycle more thus reducing vehicle
use. Legend
Proposed Shared Use
Paths
PRAT Plan Proposed
Natural Trails
Existing Paths & Trails
Existing Roadways
Wetland and Stream
Setbacks (50ft)
Area Plan Boundary
(NOT TO SCALE)
E VALLEY CENTER RD
BAXTER LN
W OAK ST
DURSTON RD DAVIS LNCOTTONWOOD RDHARPER PUCKETT RDFERGUSON AVEGOOCH HILL RDLOVE LNActive Transportation
“Communities that prioritize active transportation tend to be healthier [because they enable] residents to be more physically
active in their daily routines and [because they have] cleaner air to breathe. Active transportation systems also foster economic health
by creating dynamic, connected communities with a high quality of life that catalyzes small business development, increases property values, sparks tourism, and encourages corporate investment that
attracts a talented, highly educated workforce.”
-2023 Parks, Recreation, and Active Transportation Plan
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Complete Framework
The framework elements are layered upon one another to create an intentional,
well-planned context guiding growth. The complete framework essentially
establishes the ‘good bones’ of the future community. The Northwest Bozeman
Area Plan envisions places where people can live, work, recreate, and
socialize. Places where not only the ecological functions of natural resources
are conserved but also celebrated as community assets adding value as park
lands and open spaces for people to enjoy. Future residents will benefit from
a thoughtful system of public infrastructure that provides efficient delivery of
transportation, water, and sewer services while minimizing impacts to wetlands
and watercourses. Residents and employees will have mobility choices thanks
to a well-connected and safe active transportation network of shared use paths
and natural surface trails for commuting and recreation.
The proposed future land uses will complement this framework of natural
resources and public infrastructure. A variety of housing types and densities will
provide options for residents based on their needs. Mixed use and commercial
areas will be placed at the intersections of major streets to concentrate traffic
and density appropriately. Other land uses will be incorporated within these
areas including parks, open space, schools, and civic services.
Legend
Existing Street
Classification
Principal Arterial
Minor Arterial
Collector
Future Street
Classification
Principle Arterial
Minor Arterial
Collector
Existing Trails
PRAT Plan Trails
Streams
Wetland and Stream
Setbacks
Area Plan Boundary
(NOT TO SCALE)
E VALLEY CENTER RD
BAXTER LN
W OAK ST
DURSTON RD DAVIS LNCOTTONWOOD RDHARPER PUCKETT RDFERGUSON AVEGOOCH HILL RDLOVE LNComplete Framework
320
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Legend
Urban Neighborhood
Residential Mixed Use
Community Commercial Mixed
Use
Future Principle Arterial
Future Minor Arterial
Future Collector
Existing Road
Area Plan Boundary
(NOT TO SCALE)
E VALLEY CENTER RD
BAXTER LN
W OAK ST
DURSTON RD DAVIS LNCOTTONWOOD RDHARPER PUCKETT RD
FERGUSON AVEGOOCH HILL RDLOVE LNProposed Future Land Use
The adjacent map shows the proposed future land uses as Urban
Neighborhood, Residential Mixed Use, and Community Commercial Mixed Use
relocated to more appropriate locations. The Area Plan also proposes that
Parks & Open Space is an appropriate future land use designation but does not
include any specific locations.
With the natural resources and public infrastructure framework established,
residential, mixed use, and commercial land use scenarios were mapped using
a GIS analysis model to determine the most suitable locations and intensities for
future development. More information about the suitability analysis is presented
in Appendix B.
The predominant future land uses of Urban Neighborhood provide opportunities
to create residential communities with a diversity of housing types and price
points. The development encouraged by the Residential Mixed Use future
land use will create vibrant live-work-play neighborhoods. The more intense
commercial development allowed by the Community Commercial Mixed Use
designation will concentrate services and amenities like restaurants, coffee
shops, retail stores, and professional services near the intersections of major
streets.
One potential land use particularly suited for the Area Plan geography would
be community agriculture. The proposed future land uses and corresponding
enabling zoning designations allow for community gardens and urban farms to
be integrated into future neighborhoods.
The Area Plan’s proposed City of Bozeman future land uses align with the 2024
update to Gallatin County’s growth policy, Envision Gallatin. Acknowledging
that there is a concentration of natural resources and significant infrastructure
deficiencies, the County plan identifies the land within the Northwest Bozeman
Area Plan as likely to be developed. The corresponding County future land use
map categorizes the Area Plan geography as either Annexation Holding Areas
“having a high potential to be annexed into a municipality” or as Managed
Growth Areas “suitable for moderate intensities of development”.
Proposed Future Land Use
Community Garden—An area of land managed and maintained by a
group of community members used to grow and harvest food crops and/or nonfood, ornamental crops such as flowers, for personal
or group use, consumption, donation or sale, or for educational purposes.
Urban Farm—A facility where food crops or nonfood, ornamental
crops such as flowers are cultivated, processed, and distributed. Urban farming is generally practiced for profit or food producing
activities.
- Bozeman Municipal Code
Acreage Scale
160 acres
80
40 20
10 10
321
36 372026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
(NOT TO SCALE)
E VALLEY CENTER RD
BAXTER LN
W OAK ST
DURSTON RD DAVIS LNCOTTONWOOD RDHARPER PUCKETT RD
FERGUSON AVEGOOCH HILL RDLOVE LNLegend
Urban Neighborhood
Residential Mixed Use
Community Commercial Mixed
Use
Stream and Wetland Setbacks
Future Principle Arterial
Future Minor Arterial
Future Collector
Existing Road
Streams
Area Plan Boundary
Proposed Future Land Use with Natural Resources
The adjacent map shows the proposed future land uses overlaid with the
existing creeks, wetlands, and associated setbacks. The purpose is to show
the geographical relationship between the proposed future land uses and the
natural resources. If the Bozeman Community Plan Future Land Use Map is
formally revised it will not show the natural resources but rather look like the
map found on the previous page.
Proposed Future Land Use
Acreage Scale160 acres
80
40 20
10 10
322
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4
The Plan
The Plan
Recommendations, Themes, Goals, & Objectives
The Northwest Bozeman Area Plan recommendations
represent the vision and planning objectives established in
Chapter 2. These recommendations are intended to guide
more specific planning efforts in the future. Implementing
these recommendations will require further consideration
as properties are annexed into the City, public infrastructure
is designed, and private developments are reviewed for
compliance with adopted regulations.
Future development requires a series of design, review,
and entitlement process to ensure federal, state, and local
regulations are met. These development steps can include
annexation, subdivision, master site planning, and site
planning.
Each recommendation aligns with one or more themes,
goals and objectives of the 2025 Bozeman Community
Plan as noted, which demonstrates compliance with the
Montana Land Use and Planning Act.
Bozeman’s high rate of growth and changing
economics, the rapid development in
surrounding Gallatin County, and state law
mandating that community plans be kept up
to date, all make it necessary for Bozeman to
update its community plan. Without guided
growth and development, the community’s
identity and overall quality of life could be
diminished by lack of housing and jobs,
congestion, reduced services, and pollution.
The City has had seven community plans
dating back to 1958, the most recent being its
2020 plan. Each plan builds upon the others,
reflecting the community’s characteristics, vision
and needs over time.
-Bozeman 2025 Community Plan
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40 412026 Northwest Bozeman Area Plan 2026 Northwest Bozeman Area Plan
Recommendation No. 1
Prioritize natural resource protection for
water courses, wetlands, and riparian areas
by minimizing the impacts of public and
private development consistent with other
requirements and community priorities.
Recommendation No. 2
Plan public infrastructure corridors for efficient
delivery and long-term management of
streets, water, sewer, stormwater, and active
transportation facilities.
Recommendation No. 3
Implement an active transportation network
that provides connectivity, efficiency, and safety
for non-motorized commuting and recreation.
●COMMUNITY PLAN THEME 4 | A CITY INFLUENCED BY OUR
NATURAL ENVIRONMENT, PARKS, AND OPEN LANDS
o Goal EPO-1: Prioritize strategic acquisition of parks to provide a
variety of recreational opportunities throughout the City.
⊲EPO-1.5 Work with partner organizations to identify and
reduce impacts on at-risk, environmentally sensitive
areas that contribute to water quality, wildlife corridors, or
wildlife habitat, specifically wildlife habitat as we continue
outward growth.
o Goal EPO-2: Work to ensure that development is responsive to
natural features.
⊲EPO-2.1 Where appropriate, activate connections to
waterways by creating locations, adjacent trails, and
amenities encouraging people to access them.
⊲EPO-2.3 Identify, prioritize, and preserve key wildlife
habitat and corridors.
●COMMUNITY PLAN THEME 7 | A CITY ENGAGED IN REGIONAL
COORDINATION
o Goal RC-3: Collaborate with Gallatin County regarding
annexation and development patterns adjacent to the City to
provide certainty for landowners and taxpayers.
⊲RC-3.1 Work with Gallatin County to create compact,
contiguous development and infill to achieve an efficient
use of land and infrastructure, reducing sprawl and
preserving open space, agricultural lands, wildlife habitat,
and water resources.
●COMMUNITY PLAN THEME 3 | A CITY BOLSTERED BY
DOWNTOWN AND COMPLEMENTARY DISTRICTS
o Goal DCD-2: Encourage growth throughout the City, while
enhancing the pattern of community development oriented
on centers of employment and activity. Support an increase in
development intensity within developed areas.
⊲DCD-2.1 Coordinate infrastructure development, land
use development, and other City actions and priorities
through community planning.
⊲DCD-2.6 Evaluate and pursue joint mitigation of
development impacts across multiple developments.
●COMMUNITY PLAN THEME 5 | A CITY THAT PRIORITIZES
ACCESSIBILITY AND MOBILITY CHOICES
o Goal M-1: Ensure multimodal accessibility.
⊲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.
●COMMUNITY PLAN THEME 7 | A CITY ENGAGED IN REGIONAL
COORDINATION
o Goal RC-3: Collaborate with Gallatin County regarding
annexation and development patterns adjacent to the City to
provide certainty for landowners and taxpayers.
⊲RC-3.1 Work with Gallatin County to create compact,
contiguous development and infill to achieve an efficient
use of land and infrastructure, reducing sprawl and
preserving open space, agricultural lands, wildlife habitat,
and water resources.
●COMMUNITY PLAN THEME 3 | A CITY BOLSTERED BY
DOWNTOWN AND COMPLEMENTARY DISTRICTS
o Goal DCD-3: Ensure multimodal connectivity within the City.
⊲DCD-3.1 Expand multimodal accessibility between
districts and throughout the City as a means of promoting
personal and environmental health, as well as reducing
automobile dependency.
●COMMUNITY PLAN THEME 5 | A CITY THAT PRIORITIZES
ACCESSIBILITY AND MOBILITY CHOICES
o Goal M-1: Ensure multimodal accessibility.
⊲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.
⊲M-1.2 Make transportation investment decisions that
recognize active transportation modes and transit as a
priority.
⊲M-1.4 Develop safe, connected, and complementary
transportation networks for pedestrians, bicyclists, and
users of other personal mobility devices (e-bikes, electric
scooters, powered wheelchairs, etc.).
●COMMUNITY PLAN THEME 7 | A CITY ENGAGED IN REGIONAL
COORDINATION
o Goal RC-3: Collaborate with Gallatin County regarding
annexation and development patterns adjacent to the City to
provide certainty for landowners and taxpayers.
⊲RC-3.1 Work with Gallatin County to create compact,
contiguous development and infill to achieve an efficient
use of land and infrastructure, reducing sprawl and
preserving open space, agricultural lands, wildlife habitat,
and water resources.
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Recommendation No. 4
Apply future land uses and zoning that
provide a variety of housing near employment,
commercial services, and open spaces.
Recommendation No. 5
Continue to engage in cooperative planning
and coordination with neighboring jurisdictions
and governing agencies.
●COMMUNITY PLAN THEME 3 | A CITY BOLSTERED BY
DOWNTOWN AND COMPLEMENTARY DISTRICTS
o Goal DCD-1: Support urban development within the City.
⊲DCD-1.9 Promote mixed-use developments with access
to parks, open space, and transit options.
⊲DCD-1.11 Pursue annexations consistent with the future
land use map and adopted facility plans for development
at urban intensity.
o Goal DCD-2: Encourage growth throughout the City, while
enhancing the pattern of community development oriented on
centers of employment and activity.
⊲DCD-2.5 Identify and zone appropriate locations for
neighborhood-scale commercial development.
●COMMUNITY PLAN THEME 5 | A CITY THAT PRIORITIZES
ACCESSIBILITY AND MOBILITY CHOICES
o Goal M-1: Ensure multimodal accessibility.
⊲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.
●COMMUNITY PLAN THEME 6 | A CITY POWERED BY ITS CREATIVE,
INNOVATIVE, AND ENTREPRENEURIAL ECONOMY
o Goal EE-1: Promote the continued development of Bozeman as
an innovative and thriving economic center.
⊲EE-1.3 Continue to facilitate live/work opportunities as
a way to support small, local businesses in all zoning
districts.
o Goal EE-2: Survey and revise land use planning and regulations
to promote and support economic diversification efforts.
⊲EE-2.1 Ensure the future land use map contains adequate
areas of land for anticipated diverse users.
●COMMUNITY PLAN THEME 7 | A CITY ENGAGED IN REGIONAL
COORDINATION
o Goal RC-1: Improve communication and coordination with
Gallatin County, the City of Belgrade, public schools, and other
regional public entities regarding community planning and
associated matters.
⊲RC-1.2 Coordinate planning activities to promote
consistency throughout the region for parks,
transportation, bus service, and other community
infrastructure.
o Goal RC-3: Collaborate with Gallatin County regarding
annexation and development patterns adjacent to the City to
provide certainty for landowners and taxpayers.
⊲RC-3.1 Work with Gallatin County to create compact,
contiguous development and infill to achieve an efficient
use of land and infrastructure, reducing sprawl and
preserving open space, agricultural lands, wildlife habitat,
and water resources.
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5
Implementation
Implementation
Numerous factors will guide and impact when and how
the Northwest Bozeman Area Plan vision may be realized.
Formal adoption of the Area Plan does not obligate the
City of Bozeman to implement the public improvements
referenced or recommended in the plan. Likewise, the Area
Plan does not stipulate when or if private property owners
develop their land. Every property owner within the Area
Plan boundary (and beyond) retains the right to decide
whether, when, and how they pursue annexation into the
City and subsequent development.
Beyond recognizing the intended future land uses, the
Area Plan does not project more detailed development
patterns, specific development types, or estimated
potential densities. Specific development scenarios will
be determined in the future and as allowed by the City’s
land planning processes and development regulations.
The applicable regulations and standards are primarily
established in the Bozeman Unified Development Code
(UDC). The UDC prescribes minimum dwelling units per
acre for each residential zoning designation. Both the
residential and commercial zoning designations regulate
building scale and mass with specific standards for property
line setbacks, lot area coverage, and maximum building
heights. The UDC also mandates minimum amounts of
open space and parkland for residential developments
in addition to required amounts of pedestrian-oriented
open space for commercial developments. The City has
invested considerable time and resources updating these
land use and development policies to accomplish the vision
and goals of the Community Plan, and thus the UDC is a
regulatory reflection of the community’s shared values.
Regulations can do many things to ensure
adequate physical facilities and a visually appealing and functional development of sites.
They provide a framework within which people
may pursue dreams of their own homes and businesses. For all they can accomplish, there
are some things they cannot do. They do not prevent change or guarantee that change will
happen in the way any particular person prefers.
-Bozeman Community Plan
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Implementation of the Area Plan will take years if not
decades to materialize. The evolution of the area northwest
of Bozeman will be dependent on continued community
participation, building upon existing partnerships, and
establishing new collaborative relationships to address the
challenges and realize the opportunities outlined below.
Challenges & Constraints
City planning documents, land use policies, and
development regulations govern how growth can occur, but
other challenges and constraints also influence property
development. As Gallatin County’s growth policy, Envision
Gallatin, notes that the area northwest of Bozeman has
development constraints including natural resource value,
some steep slopes, and a lack of public services. The
ability to accommodate growth with public and community
services will play a pivotal role in the future of the
Northwest Bozeman Area Plan geography.
Natural Resources
As clearly documented, the Area Plan geography
contains a significant number and acreage of natural
resources. Watercourses, wetlands, and riparian areas
present numerous challenges to the alignment of public
infrastructure corridors and private development. Climate
change is impacting historic patterns of precipitation
and warming seasonal temperatures that are impacting
hydrology. Another set of challenges are regulatory as local,
state, and federal rules govern if, how, and to what extent
wetlands and creeks can be impacted by development.
Considering the shared common values that communities
place on natural resources, they also present numerous
opportunities.
Transportation Network
The biggest mobility challenge associated with the Area
Plan is the lack of a connected transportation network
across this part of Gallatin Valley. Growth northwest of
Bozeman will require a tremendous investment in designing
and constructing a multi-modal system of streets, shared
use paths, and natural trails. These improvements and costs
will be shared between the City’s Capital Improvements
Plan (CIP) process and private development. The CIP
identifies high-priority public infrastructure projects to be
funded with municipal dollars over a rolling five-year period.
Private development projects are required to design and
construct public infrastructure immediately adjacent to the
associated property which accounts for the majority of new
public improvements.
Public Utilities
Currently most of the plan area is not served by municipal
water, sewer, or stormwater facilities which typically are
collocated under or adjacent to City streets. Like streets,
public utility improvements are constructed either as part
of City CIP projects or private development projects. An
example of a City public utility CIP project is the proposed
Gooch Hill sanitary sewer lift station which was a key factor
in initiating the Area Plan. The lift station was identified as
an essential public infrastructure improvement and was
included in the City CIP which allocated funding for design
and construction over several years.
Community Services
Another important element that does not currently
exist within the plan area is essential public and private
community services. Public services typically include those
provided by fire and police departments. Currently Gallatin
Sherrif’s Department provides law enforcement for the
plan area outside the City limits. Likewise, fire protection
services are provided by Hyalite and Central Valley Fire
Districts. But as property is annexed into Bozeman the
City Police and Fire Departments will need to extend their
services to the northwest. Bozeman School District engages
in long-term planning for future schools that may be
needed as the community grows to the northwest. Typically
parks and open spaces area required to be provided as
part of private development projects, but the City Parks and
Recreation Department services will subsequently need to
be provided. A host of private community assets like health
care and social services usually are introduced after a
significant amount of development occurs in a new area.
Opportunities
The Northwest Bozeman Area Plan poses important
opportunities that, if acted upon, would benefit the entire
Gallatin Valley. The fact that the plan area is mostly
undeveloped creates the opportunity to proactively craft a
thoughtful plan and intentionally implement a purposeful
vision. The very purpose of planning is to learn from and
build upon the past to enable a better future. As suggested
above, the plan area’s inherent challenges pose exciting
opportunities.
Natural Resources
The Area Plan focuses on the importance, and therefore
the opportunity, to preserve and enhance the diversity
of natural resources. Perhaps most significant are
opportunities to enhance the intrinsic ecological function of
the creeks, wetlands, and riparian areas within the planning
boundary. There are few places that have the concentration
and volume of these natural resources to utilize them
on a scale to benefit the environment and the adjacent
communities.
As highlighted in Chapter 3, the unique opportunities
include stream restoration projects, establishing a wetland
mitigation bank, and creating a regional stormwater
management park. These visionary projects will require
leveraging partnerships at every level from ideation to
design to implementation. Fortunately, there are amazing
potential community partners including Gallatin County, City
of Belgrade, City of Bozeman, Montana State University,
Gallatin Watershed Collaborative, Sacagawea Audubon
Society, property owners, private developers, and
philanthropists.
Transportation Network
The Area Plan provides an opportunity to align future street
corridors, and corresponding utilities, in a way that not
only provides efficient delivery of public services but also
minimized negative impacts to wetlands, riparian areas, and
watercourses. This approach has become more prevalent
over the last decade, and the plan area offers a chance to
further prioritize low-impact public infrastructure design and
construction. It is important to recognize that minimizing
natural resource impacts necessitates some tradeoffs in
terms of efficiency and convenience. For instance, not
fully connecting Oak Street, Gooch Hill Road, or Cattail
Streets will disrupt the traditional transportation grid, but
the protection of the corresponding natural resources
justifies the compromise. There may be an opportunity to
span these street grid gaps with shared use paths or trails,
especially if it is necessary to connect public utilities across
sensitive areas. Active transportation facilities could be co-
located with utility corridors which would provide bike and
pedestrian connectivity with considerably less impact than
a street.
There is a tremendous opportunity to implement a safe and
well-connected active transportation network across the
plan area. Dedicated bike and pedestrian facilities have
become an integral part of the multimodal transportation
system over the last fifteen years. Now more than ever
shared use paths and natural trails are highly valued by
the community and required essential infrastructure as the
Gallatin Valley continues to grow. The Area Plan reinforces
the active transportation network envisioned in the adopted
2023 Bozeman PRAT Plan. With the continued partnerships
between the City of Bozeman, Gallatin County, Montana
Department of Transportation, and the Gallatin Valley Land
Trust this vision can become a reality.
Future Land Use
Building upon the future land uses established in the
Bozeman Community Plan, the Area Plan has taken
the opportunity to refine the locations of the mixed-use
designations northwest of the city limits. The intent is to
thoughtfully identify places suitable for gentle increases in
density and mixed commercial and residential uses. The
Area Plan proposes higher densities of mixed use and
commercial development to be concentrated along major
roadways and intersections. This allows higher intensities of
use to be facilitated by higher-capacity public infrastructure.
Correspondingly, the Area Plan recommends a variety
of housing to be thoughtfully developed adjacent to and
within walking distance of natural resource areas.
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There are multiple benefits of this future land use approach
including proximity between residential areas and everyday
commercial services; diverse and vibrant mixed-use districts
that offer live-work-play opportunities; safe multimodal
connectivity between various areas and services; and
reasonable concentration of development to reduce natural
resource impacts.
Planning Process
The City of Bozeman has a variety of planning documents
that work in conjunction to guide the growth of the
community. The 2018 Bozeman Strategic Plan envisioned a
“well planned city” that engages in “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”. Several local and
regional plans influence and relate to one another while
guidelines, policies, and regulations govern future growth.
Land Use Planning
Private land development involves a series of sequential
planning processes. Each step described below has a
finer scope and more detailed design requirements than
the previous one. Several of the development entitlement
processes provide additional opportunities for public
engagement.
1. Area Plans apply the goals and objectives of the
Community Plan to a more specific geography.
2. Annexation formally incorporates private property into
the City limits subjecting it to Bozeman’s regulations
and providing access to municipal services.
3. Master Site Plans are often required for large
developments. A Master Site Plan outlines the phased
development of a particular property.
4. Subdivision allows for private property to be divided
into smaller parcels which can be individually sold or
developed.
5. Site Plans are required for each development project
and for each phase of an approved Master Site Plan.
6. Public Infrastructure Plan is required to design, improve,
and construct new public streets, water mains, sewer
mains, and stormwater management systems.
7. Building Permit is required to construct each building or
component of an approved Site Plan.
Related Plans
A wide variety of local and regional planning documents
are germane to the Northwest Bozeman Area Plan. They
most notably include the 2025 Bozeman Community Plan,
2023 Parks, Recreation, and Active Transportation Plan, and
2017 Bozeman Transportation Master Plan. Likewise, some
Gallatin County and regional plans have influenced this Area
Plan including the 2020 Triangle Community Plan, 2021
Triangle Trails Plan, and 2023 Gallatin Valley Sensitive Lands
Plan. A complete list of related and referenced plans is in
Appendix A
Next Steps
The Northwest Bozeman Area Plan was created to conform
with the Montana Land Use and Planning Act per Montana
Code Annotated Title 76 Chapter 25 Part 2 which stipulates
that it may be adopted as an amendment to the Bozeman
Community Plan. If adopted, the Area Plan will conform to
the implementation requirements stipulated by the Montana
Land Use and Planning Act as set forth in Chapter 4 of the
Bozeman Community Plan. Subsequently the Community
Plan and any area plans must be reviewed every five years
to determine whether an update should be completed.
Future updates can modify any aspect of the Area Plan
including but not limited to the plan boundary, planning
objectives, framework elements, and recommendations.
Appendix E outlines the Community Plan amendment
process. Compliance with the Montana Land Use Planning
Act is documented in Appendix F.
Page Intentionally Left Blank
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APPENDIX A: Bozeman Planning Context
A
Bozeman Planning Context
TO BE ADDED TO NEXT PUBLIC DRAFT
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APPENDIX B: Future Land Use Suitability Analysis
B
Future Land Use Suitability Analysis
TO BE ADDED TO NEXT PUBLIC DRAFT
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APPENDIX C: Community Engagement Materials
C
Community Engagement Materials
TO BE ADDED TO NEXT PUBLIC DRAFT
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APPENDIX D: Community Plan Supporting Data
D
Community Plan Supporting Data
TO BE ADDED TO NEXT PUBLIC DRAFT
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APPENDIX E: Community Plan Amendment Compliance
E
Community Plan Amendment Compliance
TO BE ADDED TO NEXT PUBLIC DRAFT
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APPENDIX F: Montana Land Use Planning Act Compliance
F
Montana Land Use Planning Act Compliance
TO BE ADDED TO NEXT PUBLIC DRAFT
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and, Clean Slate Group, 34 Outlier Way,
Bozeman, MT, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1.Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2.Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 1st day of June, 2026, unless earlier terminated in accordance with this Agreement.
3.Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4.Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City, and
will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
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and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage
for all members and employees of Contractor’s business, except for those members who are
exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under
this Agreement. Such posting shall be removed only upon expiration or termination of this
Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
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both skilled in their trade and specialized in their field of work for all work to which they are
assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits,
and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate
for Non Construction Services in effect and applicable to Gallatin County, Montana, which
schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis.
Violation of the requirements set forth in the above State of Montana schedule of prevailing wage
rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall
maintain payroll records during the term of this Agreement and for a period of three (3) years
following termination of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
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any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this Section
must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City
as indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right
of contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in this Section.
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The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of
cancellation or non-renewal. Contractor shall notify City within two (2) business days of
Contractor’s receipt of notice that any required insurance coverage will be terminated or
Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8.Termination for Contractor’s Fault:
a.If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any terms
or conditions of this Agreement, the City may, by written notice, terminate this Agreement
and the Contractor’s right to proceed with all or any part of the work (“Termination Notice
Due to Contractor’s Fault”). The City may then take over the work and complete it, either
with its own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
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c.Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the
City may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work
as may be necessary to preserve, protect, and maintain work already completed or
immediately in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of
the Notice of Termination for City’s Convenience.
d.The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
10.Limitation on Contractor’s Damages; Time for Asserting Claim:
a.In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
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waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b.In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11.Representatives and Notices:
a.City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Ben Bailey or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is
required by this Agreement, such communication or submission shall be directed to the
City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Scott Aamodt or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to
Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c.Notices:All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed
given when delivered, if delivered by courier to Party’s address shown above during normal
business hours of the recipient; or when sent, if sent by email or fax (with a successful
transmission report) to the email address or fax number provided by the Party’s
Representative; or on the fifth business day following mailing, if mailed by ordinary mail to
the address shown above, postage prepaid.
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12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13.Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor
will not refuse employment to a person, bar a person from employment, or discriminate against a
person in compensation or in a term, condition, or privilege of employment because of race, color,
religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the reasonable demands of
the position require an age, physical or mental disability, marital status or sex distinction. The
Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay
Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or
illegal drugs, by any employee or agent engaged in services to the City under this Agreement while
on City property or in the performance of any activities under this Agreement. Contractor
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acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
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21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
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to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of
this Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32.Extensions:this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case, however, may this Agreement run
longer than June 1st, 2027.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA CLEAN SLATE GROUP
CONTRACTOR (Type Name Above)
By________________________________By__________________________________
Chuck Winn, City Manager
Print Name: Ryan Rickert
Print Title: Owner/President
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A
2025-2026 SIDEWALK SNOW REMOVAL SCOPE OF SERVICES
1. WORK TO BE PERFORMED.
a. The conditions set forth herein shall apply to all work performed by the Contractor
on behalf of City.
b. The Contractor will perform all work in accordance with the standards found in
Bozeman Municipal Code Chapter 34 Article 6 acting in place of the land owner
when assigned by City representative.
2. SPECIFICATIONS.
a. The Contractor is to perform snow and ice removal of sidewalks and any other
areas determined by the City representative through various methods such as, but
not limited to: chipping, ice melts, blowing, shoveling, plowing, etc.
b. The Contractor is required to maintain a database, using a platform approved by
the City representative, of all documentation related to the execution of services
herein.
c. The City will prepare a weekly list of properties that are in violation of Bozeman
Municipal Code 34.06.010 through 34.06.050 and submit it to the Contractor no
later than Monday at 5:00 pm for each week in which Contractor services are
required. The City will take a photograph of the uncleared sidewalk for each property
in violation to document the condition of the snow on the property at the time
cleanup is ordered and to aid the Contractor in identification. The City will also take
a photograph of the door hanger left for each property in violation. Both photographs
will be provided to Contractor and must be maintained in a database organized by
each property address.
d. The Contractor will take a photograph of the property immediately before and
after the removal of snow. Photographs should show identifying scene markers as to
confirm address/property location. The property address, date and time of snow
removal activities must be recorded on the photographs. Photographs should be
taken from approximately the same location for easy reference at a later date. All
photographs must be maintained in a database organized by each address and
must accompany the Contractor’s billing invoice for payment of any snow removal
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work. The Contractor may be summoned to testify in court regarding photographs
and work performed.
e. The Contractor shall use equipment no wider than the sidewalk which is being
cleaned. Equipment shall be of a weight that will not damage the sidewalk or
adjacent property.
f. The Contractor shall maintain its operation within the public right of way.
g. Snow and ice must be completely removed from the sidewalks before payment
will be made to the Contractor and shall not be moved into streets.
h. If salt or other chemicals are used to loosen ice, only the minimum amount of salt
or other chemicals will be used to adequately perform this function and the
Contractor shall refrain from depositing any resulting salt/ice mixture onto private
property, grassed, or landscaped area. Pet and environmentally friendly salt are
preferred.
3. TIME.
a. The Contractor shall complete snow removal operations for each non-compliant
property within five (5) days of being assigned by the City.
b. The City shall grant an equivalent time extension for each day past the deadline
for submission to Contractor referenced in section 2c. The contractor may be
required to work on any day of the week, including holidays.
4. MATERIALS, EQUIPMENT ANDLABOR.
a. The Contractor undertakes and agrees to furnish and pay for all work equipment,
tools, materials, labor, transportation and supervision necessary to perform the
work herein described.
5. INDEPENDENT CONTRACTOR.
It is agreed that in the performance of the work herein specified, the Contractor is an
independent contractor, responsible to the City only as to the results to be obtained
in the work herein specified, and to the extent that the work shall be done in
accordance with the terms, plans and specifications furnished by the City.
6. PAYMENTS.
a. Payments shall be made by the City upon the Contractor furnishing satisfactory
evidence of the work performed. Payment shall be made at the rate of .47 cents per
square foot for sidewalks cleaned of snow and ice. The contractor shall keep written
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records necessary to justify claims for payment. Such records shall include the
address at which the work was performed, the date and time the work was done and
the square footage of abated work. The City shall make payment for work performed
within thirty days after receipt of a written claim in City accepted format for
payment.
b. The Contractor may charge a Mobilization Fee of not more than 50 dollars in the
event the Contractor is asked by the homeowner or the City to stop their work at any
time before the work is complete. In the event partial work was performed the
Contractor may charge the agreed rate for the square footage cleared in addition to
the Mobilization Fee.
c. The Contractor reserves the right to charge less than quoted per square foot price,
but not to raise prices without negotiating an amendment to the agreed upon
contract.
d. Contractor shall submit billings to the City no later than the 10th of the month for
all work completed during the prior month.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121
North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Montana State University Extension Local Government
Center, 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 as the Comprehensive Annual Support Package 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 30th 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 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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5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor represents and warrants:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress, or performance of the Scope of
Services.
b. Contractor has the experience and ability to perform the services required by this
Agreement.
c. Contractor will perform the services in a professional, competent, and timely manner
and with diligence and skill.
d. Contractor has the power to enter into and perform this Agreement.
e. Contractor’s performance of this Agreement must not infringe upon or violate the
rights of any third Party, whether rights of copyright, trademark, privacy, publicity, libel, slander, or
any other rights of any nature whatsoever, or violate any federal, state, and municipal laws.
Contractor agrees City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status: The Parties agree that Contractor is an independent
contractor for purposes of this Agreement and is not to be considered an employee of City for any
purpose. Contractor is not subject to the terms and provisions of City’s personnel policies handbook
and is not considered a City employee for workers’ compensation or any other purpose. Contractor
is not authorized to represent City or otherwise bind City in any dealings between Contractor and
any third Parties.
Contractor must comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor must maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor must furnish City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
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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. Liability. MSU agrees to be responsible and assume liability for its own wrongful or
negligent acts or omissions, or those of its officers, agents or employees to the full extent required
by law. The Parties agree that the extent of liability of MSU, its officials and employees is controlled
and limited by the provisions of Title2, Chapter 9, MCA. Any provisions of this contract, whether or
not incorporated by reference shall be controlled, limited and otherwise modified to limit any
liability of the State of Montana and the Recipient to that set forth in the above-cited laws.
10. Insurance:
MSU agrees to provide the statutory self-insurance provided by the State of Montana. The
law (Title 2, Chapter 9 Montana Code Annotated) provides for tort liability self-insurance with limits
of $750,000 per claim and $1.5 million per occurrence and covers only the tort liability of MSU’s
officers, agents, and employees and may not expand that liability to include third parties.
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:
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a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions
of this Agreement, City may, by written notice, terminate this Agreement and Contractor’s right to
proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). City may
then take over the work and complete it, either with its own resources or by re-letting the contract
to any other third Party.
b. In the event of a termination pursuant to this Section 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.
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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
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.
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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
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 Mike Maas 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.
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,
b. Contractor’s Representative: Contractor’s Representative for the purpose of this
Agreement must be Ashley Kent (ashley.kent@montana.edu 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.
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ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
18. Laws and Regulations: 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
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a deep learning model that can generate high quality content such as stories or writings, images,
voice replication and music.
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.
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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
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. Except as otherwise specified in this MOU, each party
shall bear its own attorneys’ fees and costs, except to the extent an award of attorneys’ fees is
required under applicable Montana law.
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
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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.
29. Survival: The terms of this Agreement 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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38. 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 ****
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year
first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chuck Winn, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Associate Dean
Local Government Center
Carrie Ashe
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Exhibit A
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