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HomeMy WebLinkAbout17- Professional Services Agreement - Economic & Planning Systems, Inc. - Economic and Demographic Analysis ServicesBOZ I MAN MT Community Development PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this r day of IT)a y 5201 -, by and between the CITY OF BOZEMAN, MONTANA, a self governing munieipal 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, Economic & Planning Systems, Inc., 730 17th Street, Suite 630, Denver, CO, 80202-3511, 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. Tenn/Effective Date: This Agreement is effective upon the date of its execution and will terminate on the 31St day of March, 2018. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services, Exhibit A. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by 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, 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 DD: 406-582-2301 THE MOST LIVABLE PLACE. Oz E MAN MT Community Development 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 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; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's agents. DD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMANMT Community Development 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. 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 DD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Community Development 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; $2,000,000 annual aggregate; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. 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. Termination for Contractor's Fault: 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. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. 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. 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 DD: 406-582-2301 THE MOST LIVABLE PLACE. MAN MT Community Development 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 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 AssertingClaim: 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, DD: 406-582-2301 THE MOST LIVABLE PLACE. BOz E MAN MT Community Development 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: a. City's Rppresentative: The City's Representative for the purpose of this Agreement shall be Chris Saunders 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 Chris Saunders 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 Brian Duffany 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. 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 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 DD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Community Development 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 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 DD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Community Development 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 laws of the State of Montana. 26. BindingEffect: ffect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. DD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Community Development 27. No Third -Party BeneficiarX: 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: tion: 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 a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than March 31, 2019. DD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Community Development EXHIBIT A — SCOPE OF SERVICES Task 1 — Project Initiation, Project Management, Stakeholder Meetings 1.1; Project Initiation and Project Management To begin the project, EPS will travel to Bozeman to meet with the City's project manager and to have an introductory kick-off meeting with the Planning Board. Prior to this meeting, EPS would begin the research and analysis under Tasks 2 and 3 to update our familiarity with Bozeman and to inform a discussion guide for the meeting. We would also tour the area and surroundings in preparation for a series of interviews and stakeholder meetings. Over the course of the project, we would schedule project management check-in calls every two weeks with the City's project manager. This will help the consultant team and the City stay abreast of any current issues and facilitate the flow of information. 1.2: Public Involvement We have initially proposed a flexible public involvement process that can be better defined with input from the City. In our experience, these studies are most often used to inform the comprehensive plan choices, alternatives, and adopted policies in terms of their market feasibility or degree of impact. Their somewhat technical nature is not best suited to a traditional public involvement process used in a citywide or neighborhood plan. We therefore propose a more targeted outreach effort. Our recommendation is to conduct confidential or small group interviews with major stakeholders or experts in the various areas of the real estate market and economy. • Major employers • Commercial real estate experts (developers and brokers) • Economic and workforce developers • Residential developers • Affordable housing stakeholders Task 2 — Economic and Demographic Assessment The economic and demographic assessment will document the baseline trends over the past 15 years in Bozeman covering pre- and post -Great Recession time periods, which have affected both the housing and commercial development markets. Economic Trends and Conditions • Document and analyze employment trends and conditions including the number of jobs by industry and major employers using data from the Bureau of Labor Statistics (BLS), Bureau of Economic Analysis (BEA), and the Montana Department of Labor. Previous work on targeted industry clusters in the City's Economic Development Strategy will be incorporated. DD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Community Development • Summarize workforce demographics including occupations and educational attainment. • Quantify and illustrate commuting patterns in and out of Bozeman by year. • Determine the strengths and weaknesses of the existing employment sectors; assess near and long term prospects for growth. Demographic and Housing Trends • Analyze trends in population, age distribution, households, group quarters and the student population, and race and ethnicity. Data sources will include the US Census and third party demographic data providers. • Inventory the existing housing and categorize it by housing type and location. Analyze trends in household size, household type, units in structure, and affordability metrics such as cost burden. • Depending on data availability and data structure, use County Assessor parcel data and/or City and County building permit data for a richer analysis of housing types and lot sizes (densities) by year built to document market trends in residential densities. Some of the housing analysis will be conducted under Task 4 (Housing Market) to paint the complete picture. Task 3 — Commercial Real Estate Market The major components of the commercial real estate market are employment supporting land uses such as retail, office, industrial, warehousing, and R&D space. Flexible and shared workspace formats are also becoming more popular nationally. Under this task we will document development trends in Bozeman and the greater Bozeman market to document the City's historical market share compared to the surrounding communities and unincorporated area. • Compile development data from a variety of sources including building permits, assessor parcel data, the CoStar commercial property database, and local published statistics from brokerage firms. • Document and analyze development trends and market share by land use type and area of the County including the City of Bozeman. • Identify and characterize major submarkets for each land use type. • Assess the strengths and weaknesses of each market segment in terms of the City's ability to be competitive for employment and retail development that support both economic development and quality of life. The evolution of the retail market will be an important area of focus. Vibrant downtowns and neighborhood commercial districts are important to quality of life and place, yet the number of potential retailers and other tenant types to fill mixed use space has diminished with the growth DD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Community Development of online retail. In some cases, restaurants and entertainment can fulfill this role. We will need to evaluate the impact of these trends on the most important commercial areas in Bozeman. Task 4 - Residential Real Estate Market The residential market analysis will address these types of questions and issues related to the sustainable growth of Bozeman: • How does construction (supply) relate to the growth in population and employment? • Is the market constrained or underserved, and if so who is underserved? • Is there a sufficient diversity of housing coming online to meet the needs of today's and tomorrow's residents and workers? EPS will perform a housing market analysis for the City to quantify housing supply and housing demand. We will also document and evaluate sale and rental price trends and compare to wages and household incomes to gauge affordability conditions. • Housing Inventory - EPS will collect and analyze secondary data on the ownership and rental housing inventory. Using Gallatin County Assessor parcel -level data, supplemented by U.S. Census/ACS block group level data, EPS will identify the type, magnitude and condition of housing throughout the City, distinguishing also between single-family, multifamily, and group quarters housing. • Housing Construction, Sales, and Rental Trends - EPS will work with the City to identify a stakeholder that may be able to provide detailed statistics from the multiple listing services (MLS). This will allow for a robust analysis of residential sales prices, as Montana statute does not allow assessors to disclose sale prices. Absent MLS data, we will need to rely on other less detailed sources such as brokerage reports and Census data. Construction trends will be documented and analyzed from City and County building permit data and assessor parcel data. Task 5 - Emerging Development Trends After completing tasks 2 through 4, EPS will have thoroughly documented the market trends and opportunities in Bozeman. Drawing from our knowledge and experience working in other markets, and from a literature search in real estate and planning publications, we will identify other development formats that could be in demand in Bozeman but are not yet supplied. Some major themes could include: • Retail evolution - How will online retail continue to affect Bozeman's retail development opportunities? What new concepts could be viable? • Housing market expectations - Will the market for ownership housing continue to improve? How will the housing choices of millennials change as they age? DD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMAN MT Community Development • Workplace trends - How much of Bozeman's workforce is "location neutral"? Will this grow? Will the demand for co -working space be significant or a small niche? Are there any industrial and R&D innovations relevant to Bozeman? Task 6 - Land Demand Forecasts To inform the land use and Growth Policy elements of the Comprehensive Plan, EPS will prepare land demand (acreage) projections by major land use type. First, we will develop a 20-30 year housing and employment projection (time period tied to the long range planning time horizon). Using the analysis in the previous tasks to inform the assumptions on the land use mix, EPS will: • Project the mix of housing types and resulting acreages at approximate densities; • Project employment and retail space and acreage at approximate densities; • Develop one to two policy -based land demand scenarios showing the impact of different housing mix and density targets. Task 7 - Draft and Final Reports EPS will prepare draft and final reports to document the key information and analyses and input from stakeholders described in this draft work plan. Since this document will have a broad audience ranging from staff to elected officials and the public, EPS will make it reader -friendly by avoiding technical jargon and relying primarily on charts, figures, and maps. Two rounds of revisions are assumed in the budget from two sets of consolidated comments provided by the client. Task 8 - Planning Board and City Commission Task 1 describes a kick off meeting and targeted interviews with key stakeholders, employers, real estate experts, and economic developers (Trip 1). This task includes the other key meetings and presentations to the City Boards and Commissions. We recommend that senior EPS staff attend these meetings in-person for a better dialogue on these topics, which may be complex and abstract in nature. • Trip 2 - Present initial findings to Planning Board and Economic Development Council • Trip 3 - Present draft report to City Commission • Trip 4 - Present final report to City Commission DD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Community Development EXHIBIT B — COST The budget by task is shown below in Table 1. The total project cost is estimated not to exceed $64,000. The labor costs for Tasks 1 through 7 which are the core of the technical work total to $47,870 for EPS and Sanderson Stewart (including a kick-off meeting with the Planning Board). The cost for the additional Board and Commission meeting attendance is budgeted at $11,480 in labor. Total travel costs are budgeted at $4,500 for 5 -person trips at an estimated $750 each. EPS invoices monthly with payment due within 30 days unless negotiated otherwise. Table 1 Prepesed Cost and Expenses Source Economic & Planning Systems DD. 406-582-2301 THE MOST LIVABLE PLACE. Sanderson Economic & Planninq Systems Staff Stewart Principal Vice Project Research/ Senior Sanderson Trips in Charge President Analyst Support Planner EPS Stewart Total c��mona o�ffany staff sae Waterton Billing Rate $225 $190 $130 $80 $130 Labor Costs Task 1 —Project Initiation, Project Management, Stakeholder Meetings 1 8 20 20 0 32 $8,200 $4,160 $12,360 Task 2 — Economic and Demographic Assessment 0 2 24 0 0 53,500 SO $3,500 Task 3— Commercial Real Estate Market 0 2 24 4 0 $3,820 $0 $3,820 Task 4 — Residential Real Estate Market 0 4 32 4 0 $5,240 50 S5,240 Task 5 — Emerging Development Trends 4 4 16 4 0 $4,060 $0 $4,060 Task 6— Land Demand Forecasts 2 8 24 0 16 $5,090 $2,080 $7,170 Task 7 — Draft and Final Reports a 16 32 8 16 $9,640 $2,080 511,720 Task 8 — Planning Board and City Commission 3 8 40 16 0 0 $11,480 SO $11,480 Subtotal 4 30 96 188 20 64 $51,030 $8,320 $59,350 Total Staff Hours 334 64 Direct Costs Subcontractor $0 $150 $150 EPS Travel - 5 Person -Trips @$750 each. 54.500 N $44 500 Subtotal $4,500 $150 $4,650 Total Project Cost $55,530 $8,470 $64,000 Source Economic & Planning Systems DD. 406-582-2301 THE MOST LIVABLE PLACE. BOZEMAN MT Community Development [END OF AGREEMENT EXCEPT SIGNATURE PAGE] IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ECONOMIC & PLANNING SYSTEMS, INC. t r By 1 By /D41t1wfk Dennis Taylor, Interim City Manager Daniel R. Guimond Principal APPROVED AS TO FORM: By SBy Uwe Gr llivan, Bozeman City Attorney Andr d sen, Managing Principal DD: 406-582-2301 THE MOST LIVABLE PLACE.