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18- Professional Services Agreement - Logan Simpson Design Inc. - Bozeman Comprehensive Plan (Growth Policy Update)
Community Development PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this '-)J-9'- day of ,2018,by and between the CITY OF BOZEMAN,MONTANA, a self governing municqal 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, Logan Simpson Design Inc. dba LoganSimpson, 213 Linden Street, Suite 300,Fort Collins CO 80524,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. Pui�ose_: 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 1 st day of August,2019. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. The final work must meet the required contents of a growth policy outlined in Section 76-1-601, Montana Codes Annotated and those optional elements selected by the City. 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 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BQZE MAN MT Community Development 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 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 •20 East Olive Street • :. 1 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZE MAN MT Community Development agents; or(iii)the negligent,reckless, or intentional misconduct of any other third party under the control of the Contractor. 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. P.O. Box 1230 Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. R07E MAN MT Community Development 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; 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 8. 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. Bozeman, MT 59771-1230 Teo: 406-582-2301 THE MOST LIVABLE PLACE. L MAN MT Community Development 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 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 Damaizes;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, TDD: 406-582-2301 THE MOST LIVABLE PLACE. R®ZE 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 Representative: The City's Representative for the purpose of this Agreement shall be Chris Saunders, Community Development Manager 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 Megan Moore 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 employment to a person,bar a person from employment, or discriminate against a person in Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMANM Community Development 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 Assi ng ability: 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. a. Project Deliverable: Two hard copies and 1 PDF version of all preliminary and fmal drafts of reports and the growth policy shall be provided to Cityof Bozeman. All documents shall be provided at least 14 working days prior to any public hearing or meetings with the City Q • East Olive Street :P.O. Box 1230 Q .•. .• Q � �. .. Bozeman, MT 59771-1230TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MANMT Community Development Commission or Planning Board in an electronic format approved by the City.All final reports shall be in an editable electronic format.All work submitted shall become property of the City ofBozeman and if necessary shall include all required releases for use of images or work from other sources. Deliverables must comply with the Americans with Disabilities Act. To comply with the ADA, documents posted online, including,but not limited to,Adobe PDF files, Microsoft Word documents, Microsoft PowerPoint presentations, and online flipbooks,must be screen-reader friendly. Accessible documents are often part of web-based information or used for support documents. Therefore,under Section 508 standards and WCAG accessibility guidelines, it is critical to ensure all support documents made available to end users can be accessed bypeople with disabilities. Therefore, any digital material created for the City of Bozeman and its websites will maintain the requirements outline in WCAG 2.0 AA Convention guidelines, Section 508 "Electronic&Accessibility Standards" of the U.S. Rehabilitation Act,the Usability.gov accessibility Guidelines, and ADA Title II State &Local Government nondiscrimination requirements. b. Progress ss Reports: Consultant will be expected to submit progress reports every other week via e-mail or conference call outlining the following subjects: Recently Performed Work; Upcoming Tasks;Upcoming Milestones; Scope &Schedule Issues; and Issues To Be Aware Of. 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 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 P.O. Box 1230 Bozeman, NIT 59771-1230 Tee: 406-582-2301 THE MOST LIVABLE PLACE. I ROZE MAN MT Community Development agreement of the parties,the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty(30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor's indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable,the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third parry. 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 a period of one year by written agreement of the Parties. In no case,however,may this Agreement run longer than the 1st of August,2020. Q20 East Bozeman, MT 59771-1230 © P.O.• Box 1230 Q -•. Q.� 40. .. TDD: 406-582-2301 THE MOST LIVABLE PLACE. Community Development [END OFAGREEMENT EXCEPT SIGNATURE PAGE] IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA LOGANSIMPSON By UC $y Andrea Surrat-,City Manager Bruce Meighen Principal APPR VED AS TO FORM: By Greg S Hhvan,Bozeman City Attorney Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. Community Development EXHIBIT A - SCOPE OF SERVICES PHASE 1 I FOUNDATION I MAY—JUNE 2018 Day 1 begins by listening and learning from City leaders and staff about what works in Bozeman —and using those insights�o refine our planning process. Our team has already begun} discussions, and will continue to gather data in a way that relates directly to implementation. Demographic and population projections, attainable housing analyses, land use evaluation, review of the recently updated UDC,trail and transit connections, and other existing conditions and challenges will be integrated with the Strategic Plan Vision to tell Bozeman's story—past, present, and future. When it comes to public engagement,we understand what works, and strive to listen; go to where people already are to get the word out; create interesting, engaging events and exercises that generate excitement for the process and resulting plan; and track and monitor involvement by demographic and/or neighborhood,to identify who is involved, and allow for flexibility to reach underrepresented groups to ultimately ensure a broad range of involvement. The City already has processes and events in place that could be used to encourage civic participation in community outreach efforts, such as the City website, eNotifcation, City TV, and a robust community event calendar. We intend to build off those successes and bolster outreach through the City's social media outlets (Facebook, Twitter, and NextDoor);partner websites such as Downtown Bozeman,BoZone.com, and the Bozeman Area Chamber of Commerce; and print and digital media including the Bozeman Daily Chronicle,Bozeman Magazine, and other local newsletters. Innovative kiosks or plan hubs could be placed Downtown, on the MSU campus, or at the Public Library, or the Emerson Center for Arts and Culture. Through conversations with CS, we will develop a targeted and customized Public Participation Plan(P3),which utilizes both high-tech and high-touch tools.We will work hand in hand with CS,AC, City Commission(CC),Planning Board(PB) and Zoning Commission(ZC)to develop a distinctive identity for the plan. Throughout the process,we will provide consistent information and materials for CS to update their website, including participatory activities such as responding to a call to action, answering an online survey,browsing submitted photos or images of past events, or reading through project materials. Each phase will conclude with a briefing packet and PowerPoint presentation for distribution to CC and PB/ZC as well as other City boards, committees, and departments. At key points throughout the process,work sessions will be conducted with these groups to ensure we are on the right track. This internal and external feedback will set the stage for the vision and future P.O. Box 1230 Bozeman, NIT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZE MAN MT Community Development decisions while generating support from the public, community leaders, local partners, and elected officials. TASK 1. PROJECT MANAGEMENT I MAY 2018—THROUGHOUT PROJECT An in-person kickoff meeting between City Staff Team(CS) and the Logan Simpson team will be held to review project schedule,major milestones, and deliverables; define communication protocol between the team, City project manager, and other update efforts; agree upon or review Advisory Committee(AC)members and stakeholders; refine the Public Participation Plan(P3); identify project goals, issues, and opportunities; and brainstorm and refine options for plan name, logo, and messaging. AC Kickoff Meeting#1 will be held in the weeks following the CS Meeting#1, and will generally follow the same agenda,refining and finalizing project materials. Ongoing project management activities will include bi-weekly conference/Skype calls to ensure project scope, schedule, deliverable quality, and budget are effectively managed and meet City expectations. Advisory Committee.With input from CS,the team will identify members of other relevant City and County departments who will form the AC. Departments could include the City Manager, Parks, Sustainability,Neighborhoods,Water and Sewer, and Economic Development, as well as Gallatin County, Bozeman Area Chamber of Commerce, and Streamline. The AC will inform the consultant team regarding ongoing plans,projects,issues, and opportunities specific to their specialties and will be a sounding board for strategies developed in future project phases. Associated Meetings/Deliverables: • CS and AC Kickoff Meetings#1 agendas,materials, facilitation, and summaries • Bi-weekly project status conference calls • Draft and final project schedule/communication protocol • Initial Public Participation Plan(P3) • AC and stakeholder's roster and invitation • Summary of preliminary project goals, issues, and opportunities • Initial plan branding options • Initial website and social media content and/or graphics, and draft news release for project initiation • Monthly progress reports and invoices,highlighting any key scope issues and/or refinements TASK 2. PUBLIC PARTICIPATION PLAN(P3) I MAY 2018 Our engagement intends to keep citizens informed throughout the planning process, gather feedback at critical points, and create local champions. Logan Simpson will prepare an outline of P.O. TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Community Development the public outreach goals, activities,venues, and CS/consultant team responsibilities. This"P3" will serve as an updateable, living document;it is a one-stop repository for meetings and activities. It will recommend the means of involvement in the process by the public and outline participation methods and objectives. Specific focus will be placed on seeking regular,broad, representative community participation using highly interactive techniques and a variety of venues and means. A table will be created for CS and consultant use highlighting outreach events and their associated messaging; anticipated media to be utilized for notification; alternative outreach techniques especially directed at youth and underrepresented groups; and logistics, responsibilities, and deadlines. This will allow us to be efficient with both staff and consultant time, ensuring notification is successful and consistent messaging is utilized throughout the process. [Optional Task]: The Logan Simpson team can offer innovative approaches to public involvement, including keypad polling at public events or fee-based approaches, such as WikiMapping, an online geographically referenced comment collecting tool; Our Neighborhoods (formerly MindMixer); OpenCity Hall;Textizen, and PhotoVoice exercises. If desired as an additional, service,we also have the ability to do an in-house website including embedded questionnaires, online discussions, and mapping,but are currently proposing to provide materials for the City's website with links to online activities. Although we recommend—and utilize, online surveys and kiosks with great success in many of our plans,this form of communication still only achieves involvement from a small portion of the population. Supplementing surveys with a presence at key social events has been extremely effective in reaching those that typically do not participate. Further-reaching comprehensive plan events will be aligned with key, annually-occurring community events. This past year, particularly in summer, some of our events have averaged attendance in the hundreds -using non-traditional techniques such as Art Walks,Music on Main, and Farmers' Markets facilitates broader outreach and participation. Since nothing replaces in-person conversations, our process will also include one-on-one discussions through stakeholder interviews, a AC, focus groups, and neighborhood meetings. Further details about community engagement opportunities are presented in the following tasks. Irrespective of the method,we enter all data into our database to ensure all comments are considered. Effectively engaging permanent residents,visitors, second homeowners, and businesses will be vital to the strength of the comprehensive plan and future planning capability. In addition to targeted group outreach, Logan Simpson will employ multigenerational, far-reaching messages to be shared through social networks. We will work with CS to communicate meetings and messages through local employers and downtown businesses. Based on recommendations and discussion during the kickoff meetings, and working with CS, AC, and the communication department, our team will refine the P3, create an appealing, graphic P.O. Box 1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MANMT Community Development brochure for distribution at City venues, and upload to the project website. The P3 will highlight each task, associated public event(s), opportunities for feedback, and opportunities for coordination with other comprehensive planning efforts and updates. As part of the P3, for CS and consultant use, a table will be created highlighting events' associated messaging; anticipated media to be utilized for notification; alternative outreach techniques especially directed at youth and underrepresented groups; and logistics,responsibilities, and deadlines. This will allow us to be efficient with both staff and consultant time, ensuring notification is successful and consistent messaging is utilized throughout the process. The P3 will be a flexible, living document, of which will be updated throughout the process. Plan Branding. Our in-house graphic specialists will work with CS and AC to capture the look and feel of the Community Plan. The goal would be to build off the City's current brand,but with a unique look and consistent messaging and format. Logan Simpson can assist in developing online formats,printed materials, wearable items, custom project signage and street banners, and other materials to ensure that key messages are defined and reinforced throughout the project. The brand will be reflected in the design of the project website. Associated Meetings/Deliverables: • Draft and final P3 (including both a graphic brochure for public consumption, and detailed plan of action for staff and consultant use) TASK 3. KICKOFF EVENTS I JUKE 2018 Stakeholder Interviews and City Tour. Over the course of two days,the team will conduct one- on-one interviews with stakeholders to discuss values,key issues, and opportunities facing the City, generate initial visioning ideas, and stimulate interest in the plan. Logan Simpson and CS will also initiate a city tour to visit key opportunities identified by interviewees. This can take shape as a bus,bike, or walking tour around the community, stopping to discuss issues and opportunities with local residents and businesses. Follow up interviews would continue to be conducted via conference call for interested stakeholders unable to attend in person. Celebratory Kickoff Event. A kickoff event will launch the P3 effort and begin a promotional campaign for the plan. This event could occur in tandem with a popular community event such as the Art Walks,Bogert and/or Gallatin Valley Farmers' Markets, or Wild West Yellowstone Rodeos. This event will introduce the comprehensive plan; highlight the different forms of outreach and feedback options;report back on what has been heard so far through kickoff meetings and stakeholder interviews; and ask folks key questions on values,key issues and opportunities; and how they would like to hear about the project throughout the process. The same questions asked at both stakeholder interviews and kickoff events will be included in an Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZE MAN MT Community Development online questionnaire, and marketed through the kickoff events, social media outlets,newsletter publications, and project website. Associated Meetings/Deliverables: • CS and AC Meeting#2 agendas,materials, facilitation, and summaries • Stakeholder interviews agenda,notification, facilitation, and summary and city tour of key sites • Public Event#1 notification materials,meeting plan, materials and displays, facilitation, and summary • Online Questionnaire#1 setup, website and social media notification materials, analysis, and summary • Phase 1 briefing packet and PowerPoint(for distribution to the CC,PB/ZC, and City Committees) PHASE 2 1 ANALYSIS+VISION I MAY—AUGUST 2018 TASK 4. ANALYSIS I MAY—JULY 2018 Plan Audit. Through the assistance of CS and AC, Logan Simpson will assess the existing 2009 Bozeman Community Plan along with other existing plans,policies and processes for relevance to local land use,housing, economic development, sustainability,transportation, and utilities, and to ensure compatibility with and avoid redundancy between this plan update and other recently completed plans (e.g. Unified Development Code,Transportation Master Plan, and Strategic Plan). An interactive online survey will be used to assess previous plans and gather input in a systematic and defensible way. The goal is not only for the consultant team to further understand these plans but for the CS,PB/ZC, CC, and/or other stakeholders,to provide feedback on how Bozeman's goals, objectives, and actions operate today and what needs and conflicts exist under current regulatory guidance in relation to expected future demands. Existing Conditions Snapshots. Using the best available data and relevant plans from the City, Gallatin County, our own analysis, and other sources, our team will research and synthesize information for each community plan element into a series of existing conditions snapshots. The snapshots will incorporate the recently updated economic and demographic conditions, anticipated trends for the local economy and corresponding estimate for needed future land use. The snapshots will provide an overview of baseline conditions and define how those conditions and global,regional, and local trends influence the identification of focus areas, and the development of policy for the comprehensive plan. Highlights of key trends and statistics and best practices will be identified and supplement the visual preference survey. As necessary, GIS files will be updated and revised to aid and support our data analysis. P.O. Box 1230 Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MAN MT Community Development Based on the areas of emphasis outlined in the RFP and within the 2009 Community Plan, possible snapshots could include land use, annexation, and growth management; economic development;housing and demographics (based on EPS' 2018 Demographic and Real Estate Market Assessment);parks,recreation, culture, and tourism; and natural hazards and resiliency. [Optional Task]: Highlights of the key trends and statistics could be identified and incorporated into a second online questionnaire- a"Did You Know?" series. This online component could also include the compilation of YouTube videos on trends that will affect the City, or could focus on existing city programs or initiatives and how they are addressing existing and future trends or best practices. Associated Meetings/Deliverables: • Plan audit survey compilation and setup, distribution, and summary • Draft and final existing conditions snapshots by community plan element(including narrative,maps, applicable trends, and infographics) TASK 5. VISION I DULY-AUGUST 2018 "Bozeman remains a safe,inclusive community,fostering civic engagement and creativity, with a thriving diversified economy, a strong environmental ethic, and a high quality of life as our community grows and changes." Visioning. Following the initial public activities and events, Logan Simpson will reconfirm the Strategic Plan's Vision and Vision Statements. This vision will be more than simply words— it will seek to illustrate the community's vision by visually representing what has been heard from the public, stakeholders, and staff. To put it simply,the vision document will translate words into what it means to those who live,visit, and work in Bozeman. Exercises during public events and focus group meetings will be used to build the initial community vision,provide education, and increase awareness of why this process is so important to shaping the future quality of life in the City of Bozeman. It is assumed that the City will coordinate logistics, including meeting facilities,refreshments, and public event notification. Vision Document. Using the vision and vision statements from the Strategic Plan, and outreach and input from Task 1,the Logan Simpson team will generate a summary of community values and goals that provide direction for the plan. It will be forward-thinking, and will help shape future development of one of the last quality of life communities in the West. We will illustrate the vision with sketches,photos, diagrams, and infographics, and will integrate the trends to tell the story of Bozeman,both now and looking forward. An internal draft will be reviewed by CS,the AC, and forwarded to the PB/ZC and CC for discussion at a worksession. The final vision document will incorporate PB/ZC and CC considerations and will include a summary of public outreach activities and comment to date. Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZE MAN MT Community Development Associated Meetings/Deliverables: • CS and AC Meetings#3 agendas, materials, facilitation, and summaries • PC and CC Study Sessions#1 • Draft and final vision document • Preliminary goals and opportunities • Phase 2 briefing packet and PowerPoint(for distribution to the CC, PB/ZC, and City Committees) PHASE 3 1 OPPORTUNITIES+CHOICES I AUGUST—DECEMBER 2018 TASK 6. OPPORTUNITIES I AUGUST- OCTOBER 201 t is then time to translate the vision and big ideas into reality by identifying opportunities that contribute to and reflect the City's goals for the future. Opportunities will be grounded in identity, sustainability, character preservation, and placemaking, focusing on the City's unique qualities and aspirations - enhancing existing assets. At this stage, the City will be divided into character districts—neighborhoods and subareas with common characteristics and goals—so that the vision and opportunities can be specifically tailored to existing neighborhoods, employment and retail areas, commercial corridors,potential growth areas, and other key areas of the community. The team will compare TAZs, existing/legacy neighborhood boundaries and character district areas, to refine neighborhood boundary areas, and ensure all areas of the City are included. We will analyze these areas and their propensity toward change over the planning horizon, and define any new boundaries for neighborhoods. These character-oriented opportunities will form the basis of the future land use plan and set the stage for neighborhoods plans. Logan Simpson will prepare agendas and materials, facilitate, and summarize a series of public events. This workshop and small group exercises could be developed into mini-mobile workshops held with identified focus groups. Based on the previous workshop,these focus groups would dive deeper into the needs of the community, and could accommodate underrepresented members of the public such as high school students, seniors,minorities, or other identified groups. In addition to public event summaries, our team will provide content for CS presentations at community meetings/City Halls;neighborhood meetings; booths at popular events; etc. Other outreach techniques will be explored to create a complete,multifaceted engagement strategy that extends the visioning activities beyond initial in-person events. Associated Meetings/Deliverables: • CS and AC Meetings#4 agendas,materials, facilitation, and summaries Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. B®Z E MAN MT Community Development • Public Event#2 notification materials,meeting plan,materials and displays, facilitation, and summary • Draft and final opportunities by sub-area/neighborhood area • Character areas/types identification,mapping, and detailing, including public realm and housing/building typologies • Updated land use descriptions, graphics, and associated assumptions for character areas/ types • Online Questionnaire#2 setup,website and social media notification materials, analysis, and summary TASK 7. COMMUNITY CHOICES I OCTOBER-DECEMBER 2018 Working closely with residents and stakeholders provides the opportunity to identify authentic characteristics and changes that benefit them and the entire community. Logan Simpson will host another community-wide workshop to determine present and future priorities and develop goals, objectives, and cost-effective implementation strategies. The meeting will build off the successful community events already held within the City by hosting a fun and engaging meeting close to home. This has been a proven tactic in past plans, and has tended to increase the number of people that are aware of and actively engaged in the Plan. A third online questionnaire will accompany this event. Community choices will be evaluated against the plan vision,preliminary indicators, and factors related to the economic, social, and environmental sustainability so crucial in our mountain communities. Using the results of the public events and input from Phase 3,the consultant team will refine scenarios based on community values, and will illustrate these possibilities through sketches,photos,diagrams, and infographics, as appropriate. Associated Meetings/Deliverables: • CS and AC Meetings#5 agendas,materials, facilitation, and summaries • Public Event#3 notification materials,meeting plan, materials, facilitation, and summary • PC and CC Study Sessions#2 • Land use scenarios (narrative and mapping) for each character district and updated citywide land use map • Online Questionnaire#3 setup,website and social media notification materials, analysis, and summary • Phase 3 briefing packet and PowerPoint(for distribution to the CC,PB/ZC, and City Committees P.O. Box 1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMANMT Community Development PHASE 4 1 THE PLAN I DECEMBER 2018-MARCH 2O19 Based on all analysis,input, and work completed up to this point, our team will work with staff to assemble an innovative, streamlined, and graphically appealing document for CS review and refinement. The Logan Simpson team will develop an end product that is user-friendly, easily navigable, and accessible to the public with minimal technical language or jargon; meets all functional requirements with a consistent, integrated look, feel, and aesthetics that respect and celebrate the City; includes an extensive use of maps,tables, illustrative renderings, and other graphics that enhance readability. In addition, Logan Simpson will produce a summarization of the comprehensive plan in condensed formats (e.g.,brochures, factsheets,posters, etc.) available in electronic format. The plan will include goals, objectives and actions, recommended land use mix,potential areas of growth, and implementation priorities and phases. TASK 8. PRELIMINARY COMMUNITY PLAN I DECEMBER—JANUARY 2019 The draft plan will incorporate goals, objectives, and actions that focus on maintaining and enhancing quality of life amenities;land use management; development of expansion areas; preserving natural assets; supporting business activity; supporting infill projects; integrating sustainability elements; and addressing annexation in a way that promotes economic vitality. It is imperative that the comprehensive plan translate the goals and objectives into specific action steps,with recommendations for future policy updates or ordinance amendments and in coordination with the recently updated UDC. This is intended to help shape decisions related to land use management,new and infill development, city programs and services, merging or sharing services with other agencies,budgeting, and capital improvements annually. Components that require funding and coordination will be identified, along with administrative actions for achieving implementation, such as regulatory reform, improvement districts, public/private partnerships, or other administrative entities. Neighborhood Plan Approach and Template.At this point, our team will refine and recommend a procedural template for future neighborhood plans. We will recommend a strategic and effective way to determine priority of which neighborhood plan(s) should be addressed first,based on the earlier neighborhood analysis. Using those neighborhoods identified as having a strong propensity toward change,the team will lay out an anticipated template and structure for subsequent neighborhood planning processes; a document framework template that would include sections on neighborhood context,neighborhood opportunities, and implementation priorities; and a prioritization process for the selection and imitation of neighborhoods plans. Management and Monitoring Program. The project team will develop a management and monitoring plan to track implementation and accomplishment of plan goals and desired - Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZ E MA N m'' Community Development outcomes. The program will utilize a series of measurable existing and desired future condition indicators that will help Bozeman realize its vision. A series of projects—capital,regulatory, studies, funding—will be developed and ranked based on effectiveness and cost. Based on an annual analysis by staff,various projects will be proposed while others may be "triggered"based on need. The plan will also include an adaptive management framework and/or to track follow- through and effectiveness of the plan's actions. The monitoring tool can be continually updated to illustrate the City's progress toward achieving its goals and will allow long-term tracking of indicators. This adaptive management approach avoids the mistakes of many plans that are overly general;plans where the community looks back 5 to 10 years later and asks, "what happened?"or"are we really better off?". [Optional Task]: As an optional task, web-based monitoring tools could be developed in coordination with Vision and Granicus,the City's current website provider. Associated Meetings/Deliverables: • CS and AC Meetings#6 agendas,materials, facilitation, and summaries • Draft policy frameworks: goals, objectives, and actions • Draft future land use map • Draft and fmal management and monitoring program including key indicators and metrics • Draft and final adaptive management plan and corrective actions • Draft and final neighborhood plan approach, templates and prioritization process TASK 9. DRAFT COMMUNITY PLAN AND PUBLIC REVIEW I JANUARY- FEBRUARY 2019 The Logan Simpson team will develop an end product that reflects the City's existing brand and identity and enhances the look, feel, and approachability of the existing community plan, while meeting the required state statutes. In addition, Logan Simpson will produce an executive summary of the revisions included in this update in condensed formats (e.g.,brochures,posters, etc.) and available in electronic format. CS,AC, stakeholders, and public will have the opportunity to review and provide feedback on the draft comprehensive plan during a one-month review period. During the public review period,the consultant team will conduct a public open house to present the draft plan at a festival-type event and facilitate a plan hub in an accessible and visible location. Key changes and plan features will be storyboarded, and attendees will have the opportunity to discuss questions and concerns one-on-one with CS and the consultant team. Comments on the plan will be reviewed and incorporated into the final revisions to the comprehensive plan. Logan Simpson will facilitate PB/ZC and CC study sessions to gain feedback on proposed goals,policies, and implementation strategies. TDD: 406-582-2301 THE MOST LIVABLE PLACE. BOZEMANMT Community Development Associated Meetings/Deliverables: • CS and AC Meetings#7 agendas,materials, facilitation, and summaries • Public Event#4 notification materials,meeting plan,materials, facilitation, and summary • PB/ZC and CC Study Sessions#3 • CS Initial Plan Draft#1 of comprehensive plan(for interdepartmental review); AC Plan Draft#2 of comprehensive plan(for AC and public and referral agencies); and Public Final Plan Draft#3 of comprehensive plan(for public open house and online distribution) • Online Questionnaire#4 setup,website and social media notification materials, analysis, and summary TASK 10. ADOPTION HEARINGS AND FINAL PLAN I FEBRUARY- MARCH 2O19 The consultant team will assist CS in preparing a presentation,briefing each PB/ZC and CC member and presenting the final comprehensive plan to both PB/ZC and CC. Logan Simpson anticipates two rounds of minor revisions, as directed by PB/ZC, CC, and including any revisions from public hearing comments. Logan Simpson will include PB/ZC recommendations in the CC adoption draft, and CC recommendations in the final comprehensive plan. Logan Simpson will provide final packaged InDesign and.pdf electronic files along with all supporting mapping, graphics, and analyses files. Associated Meetings/Deliverables: • CS Meetings#8,#9 (as needed prior to hearings) • PB/ZC Plan Draft#4 and CC Adoption Draft#5 • PB/ZC and CC individual briefings and public hearing materials,presentations, and plan revisions • Final comprehensive plan and supporting files (digital files) Bozeman, MT 59771-1230 TDD: 406-582-2301 THE MOST LIVABLE PLACE. A M fl L O G A N S I M P S O N May 8,2018 Tom Rogers,AICP Senior Planner City of Bozeman 20 East Olive Street, PO Box 1230 Bozeman, MT 59771 Subject: Professional Services Agreement for the Bozeman Comprehensive Plan Dear Tom, Please find enclosed one hardcopy of the Logan Simpson-signed Professional Services Agreement for your records. Once fully executed, please send us a digital copy for our records. Please let me know if you need anything else! Sincerely, Megan Moore,ASLA,Assoc.AIA Senior Associate MAY 10 2018 DEPARTMENT OF COMMUNITY DEVELOPMENT 213 Linden Street,Suite 300,Fort Collins,Colorado 80524 Phone:970.449.4100 Fax:970.449.4101 www.Iogansimps on.corn