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HomeMy WebLinkAbout16- Professional Services Agreement - Downtown Bozeman Partnership - Downtown Bozeman Urban Renewal District Administration and ManagementDoWntowN B 0 L E M A N 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... 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 �3 day of G�h�J I 2016, 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, 2017. 3. Scope of Work: Contractor will provide administrative and management services to the Board pursuant to the TIF FY2017 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. 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. BozemanProfessional Services Agreement between the Downtown d the City of Bozeman Regarding gUrban� 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. 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 Professional Services Agreement between the Downtown Bozeman Partnership and the City of Management Bozeman ;� o o 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. Bozeman Regarding 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, Executive Director, 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. 71'rofessional Services Agreement between the Downtown _ Partnership and the City of 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/AccountabilityMublic 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 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 Professional Services Agreement between the Downtown Bozeman Partnership Bozeman Regarding the Administration and Management of the Downtown Bozeman Urb 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 By , i - Gh+�is-lki,-City Manager A CT -i IL-1 C.1 APPROV AS TO F0 ": By Greg Suliyan, Bozeman City Attorney DOWNTOW BUSINESS PARTNERSHIP, LLC CONT CT R By Chris Naumann, Executive Director 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 District FY2017 Work Plan (July 1, 2016 to June 30, 2017) Downtown Parking Garage $ 440,000 budgeted The TIF will make the annual bond payment and long-term maintenance fund contribution for Bridger Park, the downtown parking garage. Downtown Public Parking Improvements $ 250,000 budgeted The TIF is committed to partnering with the Bozeman Parking Commission and the Parking Enterprise Fund to make strategic improvements to the City -owned parking assets downtown. Possible improvements will be high-priority objectives from the forthcoming Downtown Comprehensive Park Plan. Downtown _Hotel Incentive Program $ 100,000 budgeted $ 100,000 encumbered 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 incentives to the Element and Etha hotels in FY2014. The Element incentive was paid in FY16 and the Etha remains encumbered. Downtown Residential Incentive Program $ 200,000 budgeted The purpose of the Downtown Residential 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 Program will reimburse a portion of housing -related impact fees for qualifying residential projects. Downtown Broadband Infrastructure $ 150,000 budgeted The TIF has committed funding to begin the construction and implementing the public portion of a fiber optic broadband network downtown as previously design as one component of the Bozeman Fiber Master Plan. The majority of the installation is expected to occur the end of FY2016, so these funds have been committed to finalize the installation. Downtown Partnership Management Fee $ 105,000 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. 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 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. Streetscape Assistance Program $ 80,000 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. Downtown Improvement Plan Update $ 80,000 budgeted The TIF has committed funds to update the 2009 Downtown Improvement Plan. This update will not only evaluate the progress accomplished but also the remaining work to be done from the existing plan. Perhaps most important the update will include developing a downtown design district and specific design guidelines as recommended in the 2016 NCOD Analysis. Other funding may include a contribution from the Downtown Business Improvement District and a Community Development Block Grant. Technical Assistance Grant Program $ 50,000 budgeted $ 10,000 FY16 encumbered 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. 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. Intersection Cable Anchor Repairs $ 50,000 budgeted The TIF will continue to invest in the repair of the intersection cable and anchor system. In FY2016 the TIF funded a structural analysis of the anchor and cable system. The analysis recommended that 6 anchors be repaired as soon as possible which was completed in November 2016. The remaining of the suggested system enhancements will be made this year. Downtown Improvement Plan Implementation $ 35,000 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: General Contingency Funds $ 20,000 Downtown Wayfinding Contribution $ 15,000 Library Pedestrian Safety Improvements $ 10,000 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 Streetscape Element Purchases and Maintenance $ 32,500 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. Funding is also available for the ongoing maintenance of the streetlamps and Soroptomist Park. DURT Phase 1 Design and Engineering $ 30,000 budgeted The TIF will continue the design and engineering work for a large streetscape improvement project involving 21 block faces in downtown. This year's work will focus on completing the preliminary design for a new streetscape along Mendenhall between Rouse and 3rd Avenues. Alley Improvement Incentive Program $ 25,000 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. Downtown Strategic Parking Data Collection $ 20,000 budgeted This TIF will contribute funds to the high-priority data collection recommended in the Bozeman Parking Commission's Comprehensive Parking Plan. The FY2017 Downtown Tax Increment Finance District Work Plan and Budget were unanimously approved by the TIF Board on May 17, 2016. 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 FY2017 Budget Category Income Starting Cash Balance Income from TIF (estimated) COB Interlocal Share Entitlement Share State of Montana Interest Income (estimated) Other Income (Library benches Total Income Expense Operations Management Fee and Admin. Total Operations Infrastructure Improvements Street Furniture and Park Maintenance Streetscape--new purchases Streetscape Assistance Program Wayfinding Signage --fab & install Alley Improvement Incentive Program Public Parking Improvements Library Pedestrian Safety Improvements Code Compliance Program Fiber -Broadband Infrastructure Intersection Cable Anchor Repairs Total Improvements Planning Technical Assistance Grants FY16 Encumbered Funds Residential Incentive Program Hotel Incentive Program FY16 Encumbered Funds Downtown Improvement Plan Update DBIP Implementation Funds City Wayfinding--Downtown Planning DURT Phase 1 Prelim Engineering Strategic Parking Plan --Data Collection Total Planning Parking Structure Garage Bond Payment Garage Long-term Maintenance Fund Total Parking Garage Payments Explosion Impact Fee Expenses Explosion Impact Fees Total Impact Fee Expenses Total Expenses Year End Balance Professional Services Agreement between the Downtown Bozeman Partnership and the City of Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban [ .,` FY2017 BUDGET $ 1,479,289 $ 430,000 $ 472,500 $ 45,436 $ 10,000 $ 3,000 $ 2,440,225 $ 105,000 $ 105,000 $ 7,500 $ 25,000 $ 80,000 $ 10,000 $ 25,000 $ 250,000 $ 10,000 $ 50,000 $ 150,000 $ 50,000 $ 657,500 $ 50,000 $ 10,000 $ 200,000 $ 100,000 $ 100,000 $ 80,000 $ 20,000 $ 5,000 $ 30,000 $ 20,000 $ 615,000 $ 430,000 $ 10,000 $ 440,000 $ 100,000 $ 100,000 $ 1,917,500 $ 522,725 Professional Services Agreement between the Downtown Bozeman Partnership and the City of Bozeman Regarding the Administration and Management of the Downtown Bozeman Urban [ .,` ° CERTIFICATE LIABILITY INSURANCE N YYY)ACCWO 05/09/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CoNTA NAMT AX (PA /F C, No Ext): 888 661-3938 A/C No): 877 552-6091 PAYNEVVEST INSURANCE INC 1283 N 14TH AVE STE 101 BOZEMAN, MT 59715 E-MAIL ADDRESS: Service.cente ravelers.com INSURER(S) AFFORDING COVERAGE NAIC # (888) 661-3938 INSURER A: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 06/06/2017 INSURED DOWNTOWN BOZEMAN PARTNERSHIP, LLC; DOWNTOWN BOZEMAN ASSOCIATION; DOWNTOWN INSURER B : INSURERC: INSURER D: BUSINESS IMPROVEMENT DISTRICT INSURER E: 222 E. MAIN STREET #302 BOZEMAN, MT 59715 INSURER F COVERAGES CERTIFICATE NUMBER: 553246817260331 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A xCOMMERCIAL GENERAL LIABILITY CLAIMS -MADE N OCCUR X 660-987OA017-16 06/06/2016 06/06/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $100,000 MED EXP (Any oneperson) $5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ( POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB Id OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A PEROTH- ER EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F]E.L. (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS, CG D2 69 II;wiNJA2JAz1 CITY OF BOZEMAN PO BOX 640 BOZEMAN, MT 59771 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (/�` � • ��� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD