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HomeMy WebLinkAbout18- RFP - Comprehensive Community Housing Needs Assessment and Housing Action Plan City of Bozeman Community Development Request for Proposals Community Housing Needs Assessment and Housing Action Plan 17 June 2018 Prepared by: Matthew Madsen Affordable Housing Program Manager City of Bozeman Request for Proposal Housing Needs Assessment January 2018 Table of Contents i TABLE OF CONTENTS REQUEST FOR PROPOSAL Notice………………………………………………………………………………………………………………………………………………………………..2 Non-Discrimination…………………………………………………………………………………………………………………………………………...2 Section 3 Notice…………………………………………………………………………………………………………………………………………………2 1. BACKGROUND INFORMATION……………………………………………………………………………………………………………...4 2. BACKGROUND ON THE AFFORDABLE HOUSING PROGRAM…..………………………………………………………………4 3. PROJECT OVERVIEW……………………………………………………………………………………………………………………………..5 4. REPORTS, MEETINGS, AND PUBLIC PARTICIPATION………………………………………………………………………………5 5. PROJECTS WILL RESULT IN…………………………………………………………………………………………………………………….6 6. CITY OF BOZEMAN STAFF PARTICIPATION & SUPPORT………………………………………………………………………….7 7. REQUEST FOR PROPOSAL SCHEDULE…………………………………………………………………………………………………….7 8. PROJECT DELIVERABLES…………………………………………………………………………………………………………………………7 9. PROGRESS REPORTS………………………………………………………………………………………………………………………………8 10. MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL……………………………………………………………………8-9 11. CONTACTS…………………………………………………………………………………………………………………………………………….9 12. SELECTION PROCESS AND RANKING CRITERIA……………………………………………………………………………………….9 13. RESERVATION OF RIGHTS; LIABILITY WAIVER……………………………………………………………………………..……9-10 14. CONFIDENTIALTY AND DICLOSURE OF INFORMATION…………………………………………………………………………10 15. NO PARTNERSHIP/ BUSINESS ORGANIZATION ……………………………………………………………………………………10 16. EMPLOYMENT RESTRICTION AND IDEMNITY………………………………………………………………………………………10 17. ACCESSIBILITY……………………………………………………………………………………………………………………………………..10 18. GOVERNING LAW………………………………………………………………………………………………………………………………..10 19. MISCELLANEOUS…………………………………………………………………………………………………………………………………11 ATTACHMENT 1- STATEMENT OF NON-DISCRIMINATION..………………………………………………………………………………12 ATTACHMENT 2- PROFESSIONAL SERVICES AGREEMENT …………………………………………………………………………13-18 City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Request for Proposal 1 Request For Proposal Request for Proposal Number: 18-042 Issue Date: June 24, 2018 Title: Comprehensive Housing Needs Assessment Including Development of a Housing Action Plan. RFP Start Date: June 24, 2018 RFP: End Date: July 19, 2018 Question and Answer End Date July 13, 2018 Contact: Matthew Madsen | Affordable Housing Program Manager The City of Bozeman Community Development Request Proposals for: Professional Services to Conduct and Prepare a Community Housing Needs Assessment and Housing Action Plan Proposals must be received no later than: Thursday, July 19, 2018 at 5:00 pm MST Deliver hard copy of proposal to: Robin Crough, City Clerk City Administration Office Suite 200, City Hall PO Box 1230 121 North Rouse Ave Bozeman, MT 59771 City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Request for Proposal 2 Notice NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms qualified to provide professional services for a comprehensive Community Housing Needs Assessment and development of a Housing Action Plan. Project will result in recommendations for the creation of a comprehensive Affordable Housing Program with the development of both a short-term and long-term goals. All proposals must be in the format specified, enclosed in a sealed envelope and clearly identified with RFP title, company name and due date and transmitted via hard copy. Deliver proposals to the City Clerk by Thursday July 19, 2018 at 5:00 p.m. MST. It is the sole responsibility of the proposing firm to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The physical address is: City Clerk’s Office, Suite 200, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk’s Office, City Hall, P.O. Box 1230, Bozeman, Montana, 59771 (USPS only, shipping companies should be sent to the physical address) Non-Discrimination The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFP on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. Section 3 Notice The City of Bozeman has applied for Community Development Block Grant funds from the Montana Department of Commerce. The City of Bozeman will soon commence implementation of a Housing Needs Assessment and Development of a Housing Work Plan project. CDBG regulations governing the grant require that to the greatest extent feasible, opportunities for training and employment arising in connection with this CDBG assisted project will be extended to local lower- income residents. Further, to the greatest extent feasible, business concerns located in or substantially owned by residents of the project area will be utilized. For more information, please contact Matthew Madsen at mmadsen@bozeman.net or call 406-582-2953 Failure to comply with the above requirements may be cause for the City to deem the submittal non- responsive. City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Request for Proposal 3 For additional information on this RFP, contact Matthew Madsen, Affordable Housing Program Manager, 406-582-2953,mmadsen@bozeman.net. Robin Crough City Clerk City of Bozeman For publication on: Sunday, June 24, 2018 Sunday, July 1, 2018 Sunday, July 8, 2018 City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Request for Proposal 4 1. BACKGROUND INFORMATION The City of Bozeman is a rapidly growing community of 45,000. It is the county seat and central place for one of the fastest growing micropolitan areas in the US. It has a multi-county trade service area. It is the home of Montana State University and a major gateway to Yellowstone National Park. It is the fourth largest city in the state and is expected to soon be the third largest. Bozeman is served by Yellowstone International Airport which has the highest annual boarding’s in the state. As the City of Bozeman continues to grow additional information and studies are needed to determine the needs of the communities’ residents and to continue to provide a vibrant and healthy community to live in. Housing prices in the City of Bozeman have continued to rise with the Median Sales Price for a single- family home reaching over $400,000 in the month of March, 2018. In addition, rental rates continue to rise as vacancy rates continue to stay near 0%, creating a competitive rental market that makes it hard to find affordable housing for some. As the cost of living continues to rise in the city, locals are faced with the serious issue of access to Affordable Housing. The City is governed by a City Commission/ City Manager form of government. The City Commission is made up of four members plus a mayor that serves as the head of the City Commission. The City Commission appoints a City Manager to oversee the City’s eight departments. Additional information regarding the City of Bozeman may be obtained at: http:// www.bozeman.net 2. BACKGROUND ON THE AFFORDABLE HOUSING PROGRAM The City of Bozeman first adopted a Workforce Housing Ordinance on July 16, of 2007. Ordinance 1710 was a form of inclusionary zoning that required 0.4 workforce housing units per the net area of development in acres. The ordinance was in effect until July 18th of 2011 when it was suspended for one year due to the downturn of the Bozeman housing market. That suspension remained in place until the adoption of the current Affordable Housing Ordinance. In Early 2012, the City of Bozeman undertook a process for the creation of an Affordable Housing Needs Assessment. This assessment was conducted by an outside consulting firm using multiple forms of data collection, analysis, community engagement and presentations. From that Assessment, came the Affordable Housing Action Plan 2012-2016 which was adopted in May of 2012. The plan can be viewed at: http://www.bozeman.net/Departments-(1)/Community-Develop/Workforce-Housing.This document includes analysis of the needs facing the community and four (4) major strategies to carry out over a 5 year period.  Increase and preserve the supply of affordable housing.  Consider amendments to City regulations.  Assure financial and organizational capacity.  Share crucial market data and report on progress. In November of 2014, the City of Bozeman hired a consultant to do an evaluation of possible changes to city regulations, the consultant was hired to look at what regulatory changes and incentive options could benefit Affordable Housing development in the City of Bozeman. Through data gathering and reporting, suggestions were made for the creation and adoption of the current Affordable Housing Ordinance. Ordinance 1922 was adopted as a voluntary inclusionary zoning ordinance with contingencies on December 7th of 2015. The benchmark of 27 affordable homes, 7 which were lower-priced homes, was not met by June 12, 2017 and therefore the ordinance switched to mandatory in July of 2017. In February of 2018, the City of Bozeman hired its first Affordable Housing Program Manager. The position is part of the Community Development Department. It was created with the goals of the management and enforcement of the current Affordable Housing Ordinance and the development and implementation of an Affordable Housing Program to meet the housing needs of the city of Bozeman’s residents. In April of 2018, the City Commission adopted the City of Bozeman’s Strategic Plan. One of the strategies within the plan is: To Develop a Comprehensive Affordable Housing Action Plan that includes but is not limited to: City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Request for Proposal 5  Mandates the creation of affordable housing across all dwelling types.  Provides prescribed flexibility in the manner in which the mandate can be accomplished.  Provides a substantial, broad-based and reliable source of funding for the construction of affordable housing and for affordable housing loans.  Actively encourages Bozeman’s major employers to develop workforce housing programs for their employees. 3. PROJECT OVERVIEW The City of Bozeman is requesting proposals from a qualified professional consultant to conduct a comprehensive Housing Needs Assessment and Development of a 5-year Housing Action Plan. All work shall be consistent with the requirements of the Unified Development Code (UDC) and pursuant to all other City of Bozeman planning documents and reports. The goal of this project is to gather and compile the data necessary to develop a comprehensive housing needs assessment and subsequent action plan that will be used to grow the Affordable Housing Program for the City. The consultant that is selected will work with the Affordable Housing Program Manager and the Community Affordable Housing Advisory Board (CAHAB) throughout the process. An estimated time and work schedule shall be provided as part of the RFP and agreed to by the city before work begins. It is anticipated that the work will take a maximum of seven (7) months to complete from date of notice to proceed until the delivery of the final completed product. A shorter time line is welcome if the work product retains high quality and reliability. A longer time frame may be proposed on evidence of the need for additional time to meet the goals and purpose of the RFP. 4. REPORTS, MEETINGS, AND PUBLIC PARTICIPATION Bozeman is committed to meaningful public access to public processes and intends the work process to be transparent and understandable to participating parties. A public engagement plan applicable to the subject matter is a required element of the proposal. The plan should be innovative and drive effective public participation. Effort has already been made in identifying community priorities and relevant information regarding Affordable Housing. Available local resource documents will include: • 2009 Bozeman Community Plan • 2012 Community Housing Needs Assessment • 2012-2016 Community Housing Action Plan • Ordinance 1922 Affordable Housing Ordinance • 2014 Recommendations for Regulatory Changes • Affordable Housing Administrative Manual • City of Bozeman Strategic Plan • Demographic and Real Estate Market Assessment • Community Conversation Responses and Results Various city departments, citizen advisory boards and neighborhood organizations should be consulted directly during the public participation process. These groups would include but are not limited to: • Community Development • Community Affordable Housing Advisory Board (CAHAB) • Planning and Zoning Commissions • Economic Development • Public Works City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Request for Proposal 6 • Neighborhoods Coordinator • City of Belgrade • Gallatin County • Community Partners – Including but not limited to: Businesses, Individuals, Builders, Developers, Lenders, Non-Profits, Real Estate 5. PROJECT WILL RESULT IN: • An updated Housing Needs Assessment that utilizes a community based participation process and covers the continuum of housing from emergency and transitional to rentals to home ownership. The assessment will look at data including but not limited to: • Current housing work that has been planned and completed • Housing market data including short term rentals • Focus groups, key informant interviews and stakeholder meetings • Assessment of current inclusionary zoning ordinance including costs, incentives and any other supporting data • Preservation of the current affordable housing stock (rentals & ownership) • Short and long term costs associated with home ownership and rentals • Sustainable development as it relates to Affordable Housing • Current and future land-use • Development & Employment trends • Opportunity zones and possible future housing development • Transportation infrastructure • Commercial Linkage Study • Community connectedness • Community perceptions of Affordable Housing • Assessment of other communities Affordable & Workforce Housing Programs The assessment will include a detailed written report and data set that will be accessible to the City, CAHAB and any partners. Also, a presentation to the city commission of the findings • A 5-year Strategic Housing Action Plan that includes: • 1, 3 and 5 year goals with specific dates and deliverables. • A template for 1-year action planning that can be used by city staff, CAHAB and community partners for subsequent yearly planning • Multiple evidenced based and creative strategies across the housing continuum both regulatory and non-regulatory that look to address the current, short-term and long-term needs of the community • A process that includes a community based participation utilizing the City, CAHAB and other community organizations and partners. The Action Plan will become the guiding document for the shaping of the Affordable Housing Program over the next 5-years. The final product will be a written action plan as well as presentation to the commission. • A report on the methods used for data collection, community engagement, plan development and reporting. • Recommendations for the current Affordable Housing Ordinance as well as other future policy options. City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Request for Proposal 7 • Any other relevant information for the successful long-term growth of the City’s Affordable Housing Program 6. CITY OF BOZEMAN STAFF PARTICIPATION & SUPPORT • Review existing documents and provide these materials to the consultant at the time of notice to proceed. • Staff identification of UDC, comprehensive plan and strategic plan goals, objectives, and policies applicable to Affordable Housing Action Plan • Identify any specific attributes desired for the final document. • Identify amendments/new information • Drafts • Coordination and outreach in Bozeman for public access to and review of documents. • Suggestions of staff for more objective process and how it might be integrated with proposed Strategic Plan updates. • Meetings and site visits • Coordinate scheduling of Consultant visits with staff and officials. • Arrange for materials such as meeting room reservations and resources necessary for site investigation. • Meet with consultant for discussion either in-person or virtually, including for the project kick-off and final draft review meetings. • Work Product • Review drafts and make necessary duplications and distribution for review by others. • Review public input, ensure public distribution of drafts, and prepare staff reports. 7. REQUEST FOR PROPOSAL SCHEDULE EVENT DATE/TIME Publication dates of RFP Sundays, June 24, July 1 and July 8, 2018 Last Day for Questions/ Clarifications Friday, July 13, 2016 Deadline for Receipt of Proposals Thursday, July 19, 2018 Evaluations of Proposals Mon.,- Fri., July 23 – July 27, 2018 Finalist Interviews Mon.,- Fri., July 30 – August 3 , 2018 Contract Award and Execution Monday, August 13, 2018 Public Input Process and Draft Report August - October, 2018 Report Due to City for Review and Edits Monday, November 5, 2018 Final Needs Assessment Report Due Monday, November 26, 2018 Commission Presentation Monday December 3, 2019 Action Plan Development December - January, 2019 Final Action Plan Due Friday, February 1, 2019 Close Out of Contract Monday, February 15, 2019 Note: Dates are subject to change at project manager’s discretion. 8. PROJECT DELIVERABLES • Two hard copies and 1 editable version of all preliminary and final drafts of reports shall be provided to the City of Bozeman. All documents shall be provided at least 30 working days prior to any public hearing or meetings with the City Commission or Planning Board in an electronic format approved upon by the City. All work submitted shall become property of the City of Bozeman. • 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 City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Request for Proposal 8 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 by people 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. Note: All final drafts will follow City of Bozeman standardized formatting which will be provided upon completion of work. 9. PROGRESS REPORTS Proposer 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”. 10. MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL: A. Submission Requirements and Instructions. 1. Submit one (1) original proposal package, five (5) complete hard copies for each proposal under sealed envelope, by mail or hand-delivery to the address shown on the front. 2. Each submission must be marked on the outside with the Company’s name and the name of the project. 3. Any proposal received after 5:00pm on July 19, 2018 will be returned to the bidder unopened. 4. Proposals and required attachments shall be submitted as specified and must be signed by officials authorized to bind the bidder to provide the services. B. Proposal Outline and Content - Assemble and submit each proposal in the order below and address the required content/ questions. The order in which items are presented is important, as proposal evaluators will follow this order: 1. Cover Sheet 2. Table of Contents 3. Project Summary a. This summary should concisely describe the project, its goals, and the proposed plan of implementation including a detailed schedule for completion. 4. Company Description/Capability (not to exceed 3 pages) a. Brief history of the company that includes the date of establishment and examples of relevant prior RFP/bids and current customers of similar attributes to the City of Bozeman. b. Describe your experience and capacity to manage projects of the size and scope proposed. 5. Project Team (not to exceed 3 pages) a. A list of the project team and their professional profile, credentials, and relevant experience. b. Specific assignments of project team members. 6. References (not to exceed 2 pages) – Provide a minimum of 3 and maximum of 6 specifically in local, municipal, county, or state agencies. a. Name of Agency b. Contact name to include: title, phone number and email City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Request for Proposal 9 c. Population of jurisdiction d. Number of employees e. Project start date and completion date f. Brief summary of project 7. Outline of Services a. Describe how the proposer intends to deliver the required service. b. Describe approach and work plan with staff and community. 8. Proposed Schedule a. Provide a detailed schedule of work within proposed time frame. 9. Cost and expense (1 page) a. A cost proposal for a specific “not to exceed” fixed fee, including associated fees (i.e. printing costs, attendance at meetings, travel) shall be included with the initial submittal in a separate sealed envelope. A description of anticipated total effect allocated to each element of the work is preferred. A requested payment schedule should accompany the work schedule. Selection is based upon qualifications. Upon selection, a cost for the work will be negotiated. If a satisfactory price cannot be reached the City reserves the right to terminate negotiations and work with the next most qualified firm. 11. CONTACTS Any administrative questions regarding proposal procedures should be directed to: Robin Crough, City Clerk (406) 582- 2321, agenda@bozeman.net. Questions relating to scope of services and project management may be directed to: Matthew Madsen, Affordable Housing Program Manager (406) 582-2953, mmadsen@bozeman.net. 12. SELECTION PROCESS AND RANKING CRITERIA A review committee will evaluate all responses to the RFP that meet the submittal requirements and deadline. Submittals that do not meet the requirement or deadline will not be considered. The review committee will rank the proposals and arrange interviews with the finalist prior to selection. Proposals will be evaluated based on the following criteria: PERSONNEL QUALIFICATIONS 30 points maximum RELATED EXPERIENCE ON SIMILAR PROJECTS 30 points maximum SCHEDULE AND RESOURCES 10 points maximum LOCAL KNOWLEDGE AND ABILITY TO RESPOND 10 points maximum PRESENT AND PROJECTED WORKLOADS 10 points maximum WORK QUALITY 10 points maximum CRITERIA TOTAL SCORE 100 points maximum 13. RESERVATION OF RIGHTS; LIABILITY WAIVER All proposals submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review. The City reserves the right to accept or reject any and all proposals; to add or delete items and/or quantities; to amend the RFP; to waive any minor irregularities, informalities, or failure to conform to the RFP; to extend the deadline for submitting proposals; to postpone award for up to 30 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards or phases are determined by the City to be in the public interest; and to reject, without liability therefore, City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Request for Proposal 10 any and all proposals upon finding that doing so is in the public interest. The City of Bozeman reserves the right to reject the proposal of any person/firm who previously failed to perform properly to the satisfaction of the City of Bozeman, or complete on time agreements of similar nature, or to reject the proposal of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City of Bozeman. The City of Bozeman reserves the right to determine the best qualified Contractor and negotiate a final scope of service and cost, negotiate a contract with another Contractor if an agreement cannot be reached with the first selected Contractor, or reject all proposals. The professional services contract between the City of Bozeman and the successful Contractor will incorporate the Contractor’s scope of service and work schedule as part of the agreement (see Attachment 3 for form of professional services agreement). This RFP does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by firms in responding to this request for proposals or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Contractor, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFP, all Contractors who submitted proposals will be notified using email. This project is subject to the availability of funds. 14. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION Upon completion of negotiations or a determination that no proposals will be pursued, one copy of each submitted proposal shall be retained for the official files of the City and will be considered a public record. 15. NO PARTNERSHIP/BUSINESS ORGANIZATION Nothing in this RFP or in any subsequent agreement, or any other contract entered into as a result of this RFP, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the City and respondent. 16. EMPLOYMENT RESTRICTION AND INDEMNITY No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. 17. ACCESSIBILITY Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582- 3232 or the City’s TTY line at 406-582-2301. 18. GOVERNING LAW This RFP and any disputes arising hereunder or under any future agreement for the sale and purchase of shares, interests, or rights shall be governed hereafter and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Request for Proposal 11 19. MISCELLANEOUS No conversations or agreements with any officer, employee, or agent of the City shall affect or modify any term of this RFP. Oral communications or any written/email communication between any person and the designated contact City staff shall not be considered binding. City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Attachment 1- Statement of Non-Discrimination 12 Attachment 1 - Statement of Non-Discrimination (name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. Name and title of person authorized to sign on behalf of submitter City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Attachment 2- Professional Services Agreement 13 Attachment 2 - Professional Services Agreement THIS AGREEMENT is made and entered into this day of , 201 , by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, , , 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: a. 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. b. Term/Effective Date: This Agreement is effective upon the date of its execution [and will terminate on the Day of , 201__. c. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 1. 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. 2. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 3. 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. City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Attachment 2- Professional Services Agreement 14 4. 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; or (iii) the negligent, reckless, or intentional misconduct of any other third party. 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 furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Attachment 2- Professional Services Agreement 15 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. 5. 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 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. 6. 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. City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Attachment 2- Professional Services Agreement 16 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. 7. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within 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. 8. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be 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 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 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. 9. 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. 10. 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. 11. 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 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. 12. 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 City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Attachment 2- Professional Services Agreement 17 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 18. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 19. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 20. 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. 21. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 22. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. City of Bozeman Request for Proposal Housing Needs Assessment June 2018 Attachment 2- Professional Services Agreement 18 23. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 24. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third- party beneficiary agreement, and may not be relied upon or enforced by a third party. 25. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 26. 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. 27. 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 _________________. 28. Section 3 of the Housing and Urban Development Act of 1968: The contractor will ensure that to the greatest extent feasible opportunities for training and employment arising in connection with this CDBG-assisted project will be extended to lower income project area residents. Further, the contractor will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area, in the award of contracts and purchase of services and supplies. [END OF AGREEMENT EXCEPT SIGNATURE PAGE]