HomeMy WebLinkAboutProfessional Services Agreement with Downtown Business Partnership_7
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Chris Kukulski, City Manager
SUBJECT: Authorize the City Manager to sign a Professional Services Agreement with the
Downtown Business Partnership, LLC regarding the administration and management of the Downtown Bozeman Urban Renewal District.
MEETING DATE: Monday, September 8, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign a professional services agreement with
the Downtown Business Partnership, LLC to administer programs specified within the 2015 Downtown Tax Increment Finance District Work Plan.
BACKGROUND: The Downtown Urban Renewal District was created March 6, 1995 by Commission
Resolution No. 3046. The Downtown Urban Renewal Plan was adopted on November 20, 1995 by
Commission Ordinance No. 1409. The life of the Tax Increment Financing (TIF) District established under the Urban Renewal Plan was extended on March 7, 2005 by Commission Ordinance No. 1628.
The life of the TIF District established under the Urban Renewal Plan was extended on December 17,
2007 until the year 2032 with the sale of Tax Increment Urban Renewal Revenue Bonds by Commission
Resolution No. 4073.
The Downtown Business Partnership, LLC has managed the TIF since its creation, although a
professional service agreement has not been in place during that time. To conform to Bozeman
Municipal Code, the attached agreement will authorize the Downtown Business Partnership, LLC to
continue to administer and manage the Downtown Bozeman Urban Renewal District and associated TIF
budget. UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by Commission
FISCAL EFFECTS: Fiscal Year 2015 total TIF revenue is $2,572,094, total TIF expenses are
$2,158,000, with a remaining balance of $414,094. See attached budget within the Professional
Services Agreement for more details.
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Attachment:
Professional Services Agreement
Report compiled on: August 28, 2014
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
Professional Services Agreement
Regarding the Administration and Management of the
Downtown Bozeman Urban Renewal District
WHEREAS, the Downtown Urban Renewal District was created March 6, 1995 by Commission
Resolution No. 3046; and
WHEREAS, the Downtown Urban Renewal Plan was adopted on November 20, 1995 by Commission Ordinance No. 1409; and
WHEREAS, the life of the Tax Increment Financing District established under the Urban Renewal
Plan was extended on March 7, 2005 by Commission Ordinance No. 1628; and WHEREAS, the life of the Tax Increment Financing District established under the Urban Renewal
Plan was extended on December 17, 2007 until the year 2032 with the sale of Tax Increment Urban
Renewal Revenue Bonds by Commission Resolution No. 4073; and
WHEREAS, the adopted Urban Renewal Plan stipulated that an Urban Renewal Agency would be created and referred to as the Downtown Bozeman Improvement District Board (the “Board”) pursuant to
7-15-4232 MCA and 7-15-4234 MCA; and
7-15-4232. Authorization to assign urban renewal powers to municipal departments or to create urban renewal agency. When a municipality has made the finding prescribed in 7-15-4210 and has elected to have the urban renewal project powers
exercised as specified in 7-15-4233:
(1) such urban renewal project powers may be assigned to a department or other
officers of the municipality or to any existing public body corporate;
. . .
7-15-4234. Urban renewal agency to be administered by appointed board of
commissioners. (1) If the urban renewal agency is authorized to transact business and
exercise powers under this part, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency consisting of five commissioners...
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
WHEREAS, the Downtown Board as the designated Urban Renewal Agency is authorized to employ the necessary staff to implement the Urban Renewal Plan pursuant to 7-15-4238 MCA; 7-15-4238. Employment of necessary staff. The urban renewal agency or department or
officers exercising urban renewal project powers shall be supplied with the necessary
technical experts and such other agents and employees, permanent and temporary, as are required. WHEREAS, the Board bylaws state “Should a private organization be responsible for program
administration, such arrangements shall be made by contract with the City of Bozeman.”;
NOW, THEREFORE, the Downtown Bozeman Partnership and City of Bozeman enter into this Professional Services Agreement defining the administration and management of the Downtown
Bozeman Urban Renewal District.
THIS AGREEMENT is made and entered into this _____ day of August, 2014, 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 the
Downtown Bozeman Partnership, LLC, a limited liability company, with a physical and mailing address
of 222 East Main Street #302, Bozeman, MT, 59715, 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 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 Attachment “A” and by this reference made a part
hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
terminate on the 30th day of June, 2015.
3. Scope of Work: Contractor will provide administrative and management services to the
Board pursuant to the TIF FY2015 Work Plan outlined in the Scope of Services, Attachment “A”. For
conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the
Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services,
Attachment “A” as the “Downtown Partnership Management Fee”. 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.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
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, 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 said 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, 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 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.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid
weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal
place of business and shall be made no later than the first day of services provided under this Agreement.
Such posting shall be removed only upon expiration or termination of this Agreement.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
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 and expert witness and consultants), losses, expenses, liabilities
(including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or
nature connected therewith and without limit and without regard to the cause or causes thereof or the
negligence of any party or parties that may be asserted against, recovered from or suffered by the City
occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent,
reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional
misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor 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 willful 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 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 any indemnitee described herein 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 indemnitee 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 indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against 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.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
Contractor also waives any and all claims and recourse against the City or its officers, agents or
employees, including the right of contribution for loss or damage to person or property arising from,
growing out of, or in any way connected with or incident to the performance of this Agreement except
“responsibility for his 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 subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses
that may be asserted or claimed against, recovered from, or suffered by the City without limit and without
regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City
an accompanying certificate of insurance and accompanying endorsements in amounts not less than as
follows:
• Workers’ Compensation – statutory;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Automobile Liability - $1,000,000 combined single limit.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents,
and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis
on both the Commercial General and Automobile Liability policies. The insurance and required
endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of
cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work. 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
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
conditions of this Agreement, the City may, by written notice, terminate this Agreement and the
Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to
Contractor’s Fault”). The City may then take over the work and complete it, either with its own
resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled
to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
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 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 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 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.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of any
nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the claim,
within ten (10) 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:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Anna Rosenberry (Administrative Services Director) 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 Anna Rosenberry as 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 listed above 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 Chris Naumann 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.
12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances,
rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business
license, and inspections from applicable governmental authorities, and pay all fees and charges in
connection therewith.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
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: 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. The Contractor shall require these
nondiscrimination terms of its sub-Contractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by
any employee or agent engaged in services to the City under this Agreement while on City property or in
the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall
comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT)
regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have
the right to request proof of such compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees and
agents in proper and specified work methods and procedures. The Contractor shall provide continuous
inspection and supervision of the work performed. The Contractor is responsible for instructing his
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 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
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
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 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: That in the event it becomes necessary for either Party of this
Agreement 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 to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel from each
party duly authorized to execute settlement agreements. Upon mutual agreement of the parties,
the parties may invite an independent, disinterested mediator to assist in the negotiated settlement
discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the date
the dispute was first raised, then such dispute may only be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which
they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by the
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
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 therein or made a part thereof by
reference, are not binding upon the parties. There are no understandings between the parties other than as
set forth in this Agreement. All communications, either verbal or written, made prior to the date of this
Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by
reference.
30. Extensions: this Agreement may, upon mutual agreement, be extended for periods of
one year by written agreement of the Parties.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA DOWNTOWN BUSINESS PARTNERSHIP, LLC
CONTRACTOR
By________________________________ By__________________________________
Chris Kukulski, City Manager (signature)
Print name: _________________________
Title: ______________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
Scope of Services: Attachment “A”
Downtown Tax Increment Finance-Improvement District Board (TIF)
FY2015 Work Plan (July 1, 2014 to June 30, 2015)
Downtown Parking Garage $ 437,000 budgeted The TIF will make the annual bond payment and long-term maintenance fund contribution for
Bridger Park, the downtown parking garage.
Downtown Improvement Plan Implementation $ 430,000 budgeted
The TIF board has allocated funds to be invested in high-priority projects identified by the Downtown Improvement Plan. These funds could be used for further planning or design
projects or for implementation of particular projects specifically designated as follows:
Downtown B3 ZMA Growth Policy Project $ 10,000
WTI Downtown Truck Route Study $ 20,000
DURT Phase 1 Streetlamp Funds $ 50,000 DURT Phase 1 Preliminary Engineering $120,000
DURT Phase 1 Final Engineering $200,000
Downtown Public Parking Lot Improvements $ 250,000 budgeted
The TIF is committed to partnering with the Bozeman Parking Commission and the Parking Enterprise Fund to make strategic functional and aesthetic improvements to the City-owned
parking lots downtown. Improvements will include stormwater compliance, internal lighting,
landscaping, and reconfigured vehicle circulation.
Downtown Hotel Incentive Program $ 100,000 budgeted The purpose of the Downtown Hotel Incentive Grant Program is to encourage the construction
of a quality hotel within downtown TIF District. The 2009 Downtown Improvement Plan noted
that Bozeman’s Main Street district lacks a “50-80 room four-star hotel”. The program offers to
reimburse up to $100,000 of the impact fees associated with the development of a hotel. The
TIF Board awarded two incentives in FY2014 and reserves the option to incentivize a third hotel.
Downtown Housing Incentive Program $ 150,000 budgeted
The purpose of the Downtown Housing Incentive Grant Program is to encourage the creation of
new housing units within downtown TIF District. The intent of the program is to increase the
residency rate and subsequently the tax base of the TIF District. The 2009 Downtown Improvement Plan emphasizes the need to increase residential density in Bozeman’s historic
core in order to support downtown as a vibrant and sustainable commercial center. The
Program will reimburse a portion of housing-related impact fees for qualifying residential
projects.
Downtown Broadband Planning and Infrastructure $100,000 budgeted
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
The TIF has committed funding to engage in additional planning stemming from the future
Bozeman Broadband Master Plan. Some of this funding could be used to begin implementing the public portion of a fiber optic broadband network downtown.
Downtown Explosion Impact Fee Relief $ 100,000 budgeted
On January 19, 2010 the TIF and the City of Bozeman entered into a Memorandum of
Understanding that the TIF would pay the any impact fees associated with construction projects resulting from the destruction of the March 5, 2009 explosion and fire. On April 26, 2013 the MOU was renewed for another three year term. There are still two properties to be
reconstructed.
Downtown Partnership Management Fee $100,000 budgeted The TIF is a member of the Downtown Bozeman Partnership, LLC which serves as the incorporated management agency for all of the downtown organizations. This management fee
pays for a portion of the operating costs of the downtown office at 222 East Main Street in
addition to the majority of the payroll costs of Chris Naumann, who serves as the Director of the
TIF. Technical Assistance Grant Program $ 75,000 budgeted
This program supports current or potential developers, owners, and tenants with technical
assistance during the preliminary phases of possible redevelopment projects in the downtown
tax increment district. This program facilitates navigating code requirements, preparing for the planning application and approval process, and evaluating historic preservation considerations.
Alley Improvement Incentive Program $ 50,000 budgeted
The TIF will offer a new program to assist property owners in the implementation of the ideas
presented in the Downtown Alley Sketchbook. This document provides numerous examples of how to improve the alley corridors with lighting, landscaping, and hardscaping. The incentive program will focus on assisting with the installation of pedestrian-scale lighting in the alleys.
Code Compliance Program $ 50,000 budgeted
This TIF program provides property owners with partial reimbursement for life-safety code compliance upgrades. The program is specific to the installation of dedicated fire lines connecting a building’s sprinkler system to the municipal water main. The program has a one-to-
one match required of the property owner and a per-project dollar cap of $10,000.
Streetscape Element Purchases $ 30,000 budgeted The TIF will continue to supplement the existing streetscape inventory by purchasing additional historic street lamps, trash receptacles, pedestrian benches, tree guards and bike racks.
Streetscape Assistance Program $ 20,000 budgeted
This TIF program will provide property owners with partial reimbursement for the installation of historic street lamps in accordance with the Downtown Streetscape Plan. The program is designed to stimulate private investment, redevelopment of property and the improvement of
public areas in the downtown urban renewal district.
Streetscape and Park Maintenance $ 10,000 budgeted
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
The TIF will continue to maintain the large number of streetscape elements in the downtown
district, all of which were originally purchased with TIF funds, including: historic street lamps, pedestrian benches, trash receptacles, tree guards, and bicycle racks. The TIF will continue to fund the landscaping maintenance for Soroptomist this fiscal year.
The FY2015 Downtown Tax Increment Finance District Work Plan and Budget were unanimously approved by the TIF Board on May 20, 2014.
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Professional Services Agreement between the Downtown Bozeman Partnership and the City of
Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban
Renewal District
Downtown Tax Increment Finance District FY2015 Budget
APPROVED
Category FY2015 Budget
Income
Starting Cash Balance 1,687,986$
Income from TIF (estimated)427,000$
COB Interlocal Share 414,750$
Entitlement Share State of Montana 31,358$
Interest Income (estimated)11,000$ Total Income 2,572,094$
Expense OperationsManagement Fee and Admin.100,000$
Total Operations 100,000$
Infrastructure Improvements
Street Furniture and Park Maintenance 10,000$
Streetscape--new purchases 30,000$
Streetscape Assistance Program 20,000$
Wayfinding Signage--fab & install 10,000$
Alley Improvement Incentive Program 50,000$
Public Parking Lot Improvements 250,000$
Fiber-Broadband Infrastructure 100,000$ Total Improvements 470,000$
Planning
Technical Assistance Grants 75,000$
FY12 Encumbered Funds -$
FY13 Encumbered Funds -$
FY14 Encumbered Funds 36,000$
Residential Incentive Program 150,000$
Hotel Incentive Program 100,000$
FY14 Encumbered Funds 200,000$
DBIP Implementation Funds
Miscellaneous 20,000$
Encumbered FY14 WTI Truck Route Study 20,000$
B3 3D Modeling Project 5,000$
B3 Historic Inventory Update
B3 ZMA Project 10,000$
City Wayfinding--Downtown Planning 5,000$
DURT Phase 1 Prelim Engineering 120,000$
DURT Phase 1 Final Engieering 200,000$
DURT Phase 1 Lighting Contribution 50,000$
Total Planning 991,000$
Parking Structure
Garage Bond Payment 427,000$
Garage Long-term Maintenance Fund 10,000$ Total Parking Garage Payments 437,000$
Explosion Impact Fee Expenses
Explosion Impact Fees 100,000$
Total Impact Fee Expenses 100,000$
Code Compliance Program
Code Compliance Program 50,000$
Encumbered for Olive & Wallace 10,000$
Code Compliance Program 60,000$
Total Expenses 2,158,000$
Year End Balance 414,094$
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