Loading...
HomeMy WebLinkAbout03-19-25 Study Commission Agenda and Packet MaterialsA. Call to Order with Pledge of Allegiance and Moment of Silence - 4:00 PM, Commission Room, City Hall, 121 North Rouse B. Changes to the Agenda C. Public Comment on Anything within the Jurisdiction of the Study Commission THE STUDY COMMISSION OF BOZEMAN, MONTANA SC AGENDA Wednesday, March 19, 2025 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to govreview@bozeman.net prior to 12:00 p.m. on the day of the meeting. At the direction of the Study Commission, anonymous public comments are not distributed to the Study Commission. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Meeting Videos and available in the City on cable channel 190. For more information please contact Ex Officio, Mike Maas, 406.582.2321. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 951 6442 0347 This is the time to comment on any matter falling within the scope of the Bozeman Study Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the Study Commission cannot take action on any item which does not appear on the agenda. All persons addressing the Study Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name, and state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your 1 D. Consent Agenda D.1 Approval of Study Commission Minutes(Maas) D.2 Study Commission Claims Review and Approval(Maas) D.3 Approve Meeting Agreements Framework(Maas) E. Correspondence or Study Commission Update F. Unfinished Business G. New Business G.1 Discuss and Adopt a Communication and Outreach Strategy (Maas) G.2 Plan April 3 Public Hearing(Maas) H. Future Agenda Items H.1 Potential Meeting topics:(Maas) I. Public Comment on Anything within the Jurisdiction of the Study Commission J. Announcements comments to three minutes. Written comments can be located in the Public Comment Repository. Consider the Motion: I move to approve the Study Commission meeting minutes from January 22, 2025. Consider the Motion: I move to approve payment of claims as presented. Consider the Motion: Discuss and Adopt a Communication and Outreach Strategy April 3 Public Hearing Study Commission Purview and Charge Charter Crises and City Attorney notes of issues in current Charter Staff identified "pinch points" Develop a summary of issues from First Public Hearing Develop and adopt a communications and public outreach plan with calendar dates and locations Develop and adopt a discovery plan for best practices to be learned from other communities. Following deliberation and public input, decide the Power structure desired for the City of Bozeman Following deliberation and public input, decide the Form of government for the City of Bozeman Following deliberation and public input, decide the Plan sub-options that will be under consideration Following deliberation and public input, decide the Recommendations that will be under consideration Draft a Tentative Report and submit for legal review Second Public Hearing—to gather citizen response to Tentative Report Adopt the Final Report from Second Public Hearing 2 K. Adjournment Reference Materials Study Commission Bylaws Study Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact the City of Bozeman's ADA Coordinator, David Arnado, at 406.582.3232. Study Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:Study Commission FROM:Mike Maas, Ex Officio SUBJECT:Approval of Study Commission Minutes MEETING DATE:March 19, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: I move to approve the Study Commission meeting minutes from January 22, 2025. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Attached are the written minute summaries from the previous meeting. Future meeting minutes ought to be approved at the next schedule Study Commission meeting. All past meeting recordings are available for review on the City's Meeting Videos page. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission FISCAL EFFECTS:None Report compiled on: March 7, 2025 4 Memorandum REPORT TO:Study Commission FROM:Mike Maas, Ex Officio SUBJECT:Study Commission Claims Review and Approval MEETING DATE:March 19, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Study Commission claims for approval prior to payment by Ex Officio from the approved Study Commission Budget. UNRESOLVED ISSUES:None ALTERNATIVES:The Study Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed. FISCAL EFFECTS:$55 Attachments: Budget_Bozeman_City_Study_Commission.xlsx Report compiled on: March 7, 2025 5 Total Funds Levied or Appropriated 245,207.74$ Election 35,000.00$ Travel/Training 15,000.00$ Outreach and Engagement 90,000.00$ Contracted Services 96,000.00$ Public Hearings 1,000.00$ Other: 8,208.00$ Total Expenses 245,208.00$ Claims Approved on Consent:2,134.00$ Remaining Balance: Local Gov't Center Invoice: 2534 2/6/2025 Chronicle Ad596234 2/6/2025 Chronicle Ad599765 2/6/2025 Chronicle Ad603705 2/19/2025 Chronicle Ad612844 3/19/2025 Bozeman Study Commission Budget 2024-2026 6 $243,074.00 $1,925.00 $44.00 $55.00 $55.00 $55.00 Bozeman Study Commission Budget 2024-2026 7 Memorandum REPORT TO:Study Commission FROM:Mike Maas, Ex Officio SUBJECT:Approve Meeting Agreements Framework MEETING DATE:March 19, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Approve Meeting Agreements Framework STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Study Commission has determined that the group will benefit from a shared understanding of what will create a positive meetings environment. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission. FISCAL EFFECTS:None Attachments: Social_Contract_for_Positive_Meeting_Environment.docx Report compiled on: March 10, 2025 8 Social Contract for Posi?ve Mee?ngs Respect yourself and each other’s opinions, etc. Agree to Disagree Open communica?on (if you agree/disagree, speak up and explain your side) Open to other’s points of view Ac?ve listening Par?cipa?on o Step Up/ Step Back based on how frequently you par?cipate o Be prompt, punctual, on ?me Leave phones off Be prepared (reading material completed, etc.) Use “I” statements when speaking (owning your comment) Don't make Assump?ons because ASSUME makes an "ASS out of U and Me!" Have fun! Bring the spirit of learning and curiosity. 9 Memorandum REPORT TO:Study Commission FROM:Mike Maas, Ex Officio SUBJECT:Discuss and Adopt a Communication and Outreach Strategy MEETING DATE:March 19, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: Discuss and Adopt a Communication and Outreach Strategy STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The Study Commission seeks to develop a communication and outreach strategy to ensure a process that aligns with the adopted goals. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Study Commission. FISCAL EFFECTS:The Study Commission adopted a total budget of $90,000 for outreach and engagement. Attachments: Community Engagement Plan TEMPLATE_2024 DRAFT v3.docx Engage Bozeman Final .pdf RFP - Graphic Design and Communications Support.pdf RFP - Education and Design Services for Bond and Levy.pdf RFP - Ballot Education Revised.pdf RFP - Sustainable Organics Management Program Education and Outreach.pdf 19- RFP - Consulting and Design Services for Bozeman Parks and Trails Special District Education Effort.pdf RFP - Community Education Regionalization.pdf Report compiled on: March 10, 2025 10 COMMUNITY ENGAGEMENT PLAN Community Engagement is an inclusive and ongoing process that relies on the two-way exchange of information, ideas, and expertise between the public and the City of Bozeman to solve problems and make sustainable decisions. Project Overview Project Title: Project Leads:provide brief explanation of the responsibilities or task each lead will handle.  C.E. Purpose/Background: Key Terms: identify and define jargon, acronyms, or other technical terms that need to be re-worded or clarified in communication and engagement with the public.  Key Partners:kickstart your community mapping process here. Identify who the decision maker is. Internal City Commission (Decision maker) City Manager Office  External Neighborhood Associations  11 Define Decision Making Decision making is at the core of how we plan for community engagement. Clarity on what decision will be made, who will make them, and what information will be considered throughout the process is essential. Many decisions are made throughout a given City project. Our approach calls on project teams to consider which decisions are already made, and which decisions can be made more sustainable by engaging the community. Which decisions the public will contribute to specifically must be clarified at the outset of the engagement planning process. Next, the public must be equipped with the right information and tools to contribute to a given decision. 1.At what stage(s)in the decision-making process is the public being asked to participate (see graphic)? 2.What decision(s)needs to be made?What decisions have already been made? 3.Who is the final decision maker?Does this engagement plan require formal Commission approval? 12 Level of Community Engagement:Inform and [Consult, Involve, Collaborate, or Empower]. After there is clarity on the decision and how the public will participate in the decision-making process, the level of engagement is determined. The engagement spectrum outlines different levels of engagement and helps determine how the community will contribute to the process and what the expectations are for achieving a given level of engagement. Throughout any level of engagement, one- way communications will occur to provide the community with the resources and information they need to contribute effectively. 13 Project Timeline See the example text in red below and adjust per your project, including how and when engagement efforts will occur. Include HOW you will engage groups listed in the Key Partners section. Note on Statutory Requirements: Please include in the timeline below if your project will require specific noticing, public hearings, etc.,and when that might occur. Ask the Clerk’s office for guidance as necessary. Timeline: March Project Phase:Introducing the project and conducting research Actions: Comms campaign Tools and Techniques:Comms tools including but not limited to: press releases, Engage Bozeman project page, social media posts, emails to community partners, presentations to community groups who we are already meeting with Timeline: April Project Phase:Engagement period Actions:meeting with community groups, soliciting feedback on Engage Bozeman Tools and Techniques: Timeline: May Project Phase:Summarizing engagement and developing draft policy recommendations Actions:Reporting out on what we heard, hosting community meetings Tools and Techniques: Timeline: June Project Phase:Project approval Actions:Public hearing at Commission Tools and Techniques: Public notice in paper X days ahead of hearing 14 Engagement Wrap-up 1.How will you show what you heard from members of the public and how public input has influenced the plan? 2.How will you go about evaluating the success of the engagement effort? Examples: measuring community response to engagement efforts, group meetings following engagement efforts, etc. 15 ENGAGEBOZEMAN! Community Engagement Initiative 2021 16 City of Bozeman | Community Engagement Initiative 2 Why engage the community? Bozeman residents care about where they live, work, and play. As the City of Bozeman works to maintain our high quality of life by providing basic services and infrastructure as well as programs that support what makes Bozeman special, we strive to integrate customer service, communications, and engagement. These opportunities for residents to interact with the City are all pathways for folks to take part in finding solutions and contributing to decisions that affect them. Ultimately, we seek to build trust in processes that are equitable, transparent, and innovative as we work together to Engage Bozeman! What is the purpose of this document? The City of Bozeman City Commission places a high value on community engagement with Bozeman residents. The City’s 2018 Strategic Plan outlines a commitment in Vision Statement 1: “An Engaged Community. We foster a culture of engagement and civic leadership based on innovation and best practices involving community members of all backgrounds and perspectives.” The Strategic Plan includes the creation of a community engagement plan in Section 1.2.b. to “increase community engagement in city decision making processes.” This document serves as that plan, outlining how City staff, leadership, and the community can contribute to a collaborative approach to local governance. The framework, language, and tools presented here will be woven into the work of the City to create a seamless and integrated approach. Many of the key concepts of this initiative come from the International Association of Public Participation (IAP2), a widely recognized organization focused on advancing the practice of public participation through professional development, certification, standards of practice, core values, and advocacy. As a part of formulating the Engage Bozeman framework, staff consulted community members through interviews and a community engagement survey. We asked respondents to provide feedback on how our efforts can support and strengthen the guiding principles of the initiative. For each guiding principle, we reflect on what we heard from folks who provided input via interview and survey. Throughout the document, you’ll see quotes and themes that have been highlighted by community members who have provided their input on the Engage Bozeman initiative. 17 City of Bozeman | Community Engagement Initiative 3 Goals 1.2.3.4. Close the loop by communicating back to the public about how their input contributed to a given decision or outcome. Develop our toolbox: Broaden and deepen community engagement opportunities through a diversity of engagement techniques and tools. Build consistency in how we plan for engagement. Grow internal capacity and train staff to create and implement community engagement plans to ensure clear, effective, and inclusive engagement in City projects. Create common understanding among City leadership, staff, local partners, and Bozeman residents on engagement and decision making processes. Guiding Principles Equity and Inclusivity: • Include community members most impacted by City projects • Acknowledge and address barriers to participation for underrepresented groups • The City goes to the community as well as invites the community into City spaces Transparency and Trust: • The decision making process is clear and the community understands how their input influences decisions • The City communicates back to the community about how their feedback was considered in the decision • Elected officials, City staff, and community partners follow through on their commitment to the community engagement process Innovation and Adaptation:• Those who wish to engage can do so effectively through a variety of accessible engagement tools • Identify future improvements by integrating community feedback on engagement and communication tools • Make continuous improvements as we learn from our experiences and from other organizations and communities HUMILITY AND THE LEARNING PROCESS. We heard that it’s important that staff and leadership approach conversations around equity and inclusion with humility. Learning requires us to be reflective as individuals and as an institution to understand what we don’t know and where we have made mistakes in the past. “To acknowledge limitations builds trust” “Be transparent about learning processes, leaders need to model the messiness of ‘not knowing’” 18 City of Bozeman | Community Engagement Initiative 4 What is our approach to Community Engagement? Our approach for community engagement is adapted from the International Association for Public Participation (IAP2). IAP2 has advanced best practices and methods for effective, meaningful, and inclusive public engagement since 1990. IAP2 defines public participation as any process that involves the public in problem solving or decision making and uses public input to make decisions. IAP2 provides training, materials, and a process for creating engagement plans that help build consistency and clarity in how community members contribute to decisions that affect them. In May of 2020, the City of Bozeman joined IAP2, gaining access to training, materials, and professional networks for staff. Several City staff are trained in IAP2’s Foundations course series, which includes community engagement planning and employing tools and techniques to implement community engagement plans. This document provides an overview of definitions, materials, and processes adapted from IAP2 that are at the core of the City of Bozeman’s approach to community engagement. 19 City of Bozeman | Community Engagement Initiative 5 Community Engagement is: an inclusive and ongoing process that relies on a two-way exchange of information, ideas, and expertise between the public and the City of Bozeman to solve problems and make sustainable decisions. Key Components of Our Definition There are several key words called out within this definition. The following describes each of the components from the definition in more detail. “Inclusive” means that we are striving to reduce barriers to participation, offer a greater diversity of ways to engage, and ensure that we are creating accessible and welcoming spaces for all people to engage. “Ongoing process” means that we plan for multiple interactions in multiple formats. It is not just one public meeting or a single outreach event. “Two-way exchange” means that information flows back and forth between the public and decision makers. One-way communications may be required throughout the process of community engagement to ensure that those who are participating have the information they need to contribute in a meaningful way. A key factor of engagement is that decision makers close the loop with those offering input by explaining how public input was considered and why public input was or was not reflected in the outcome of the decision. Additionally, members of the community are valued as experts in their lived experience and day-to-day interactions with City services, projects, and processes. Community engagement efforts are founded in the idea that community members contribute to better outcomes by enriching the considerations before decision makers and City staff. “Sustainable decisions” are the outcome of effective community engagement and clear decision making processes. They result in community members’ satisfaction with the process used to reach a given outcome, EVEN IF they are not satisfied with the outcome itself. They bring us closer to establishing the trust, transparency, equity, and innovation outlined in our guiding principles. Sustainable decisions balance the long-term vision and current realities of a changing Bozeman. As illustrated in the graphic here, they are publicly acceptable, technically feasible, socially responsible, environmentally compatible, and economically viable. Defining Community Engagement Community engagement is the term used in the City’s Strategic Plan commitment to “broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders.” Other terms such as public participation or public involvement capture the same meaning. Community engagement is the term the City of Bozeman uses to encompass this work. To ensure that participation in engagement efforts are rooted in a common understanding, the following defines our community engagement efforts at the City of Bozeman. 20 City of Bozeman | Community Engagement Initiative 6 Defining decision making Decision making is at the core of how we plan for community engagement. Clarity on what decisions will be made, who will make them, and what information will be considered throughout the process is essential. Many decisions are made throughout a given City project. Our approach calls on project teams to consider which decisions are already made, and which decisions can be made more sustainable by engaging the community. Which decisions the public will contribute to specifically must be clarified at the outset of the engagement planning process. Next, the public must be equipped with the right information and tools to contribute to a given decision. THE IMPORTANCE OF FOLLOWING THROUGH & FOLLOWING UP! Community engagement processes are most successful when the decision makers and project team follow through on their promise to the public (as described in the Engagement Spectrum on page 8.) Following up directly with those who were involved in the process and letting them know how their input influenced the outcomes is both informative and closes the loop. This creates trust and encourages people to engage again. Decision makers should understand and respect the importance of following through throughout the process. “It’s really important to follow up and show the outcome of the time that folks spent with you.” “The way to build credibility is to follow through on what you say and demonstrate that the work is being done.” Decision making process Full range of objective information about the issue to be addressed Clear understanding of the criteria by which the alternatives will be evaluated Balanced alternatives that include stakeholder issues and concerns Clear comparison of alternatives Clear understanding of who made the decision and how stakeholder issues were considered Gather information Establish decision criteria Develop alternatives Evaluate alternatives Make decision This graphic is an outline of a decision making process with 6 steps from defining the decision to be made, gathering information, establishing criteria, developing alternatives, evaluating alternatives, and making a decision. Depending on what stage or stages of the decision making process the public will be involved, they may need to be provided with varying information or methods of engaging. Clear understanding of the scope of the decision Define the problem/opportunity and decision to be made Public needs at each phase 21 City of Bozeman | Community Engagement Initiative 7 When do we do Community Engagement? City-led projects typically incorporate some aspect of informing or communicating with the community, but when should we go beyond communication to engage the public? There are many ways in which community members can provide input that benefits project outcomes, however not all City projects will include an engagement process. Authentic and genuine engagement occurs when a decision has not yet been made and there is opportunity for decision makers to integrate stakeholder input into their considerations of different alternatives or outcomes. Adequate time and resources must be incorporated into work plans, budgets, and project scopes to plan for and implement successful community engagement efforts that are respectful of community member’s time and can truly integrate their expertise. The following questions help determine the extent of engagement that may occur throughout a City-led project: What is the timeline, budget and staff capacity? Is there time and resources to plan for and implement a successful engagement process? What is the impact on the public? How will the project benefit or burden specific groups in the community? What are potential unintended outcomes? How can the public play a role in the decision- making process? Does the City Commission or other decision makers want the public to help identify solutions, select options, or weigh in on their preferred approach? 22 City of Bozeman | Community Engagement Initiative 8 CONSULT INVOLVE COLLABORATE EMPOWER PUBLIC PARTICIPATION GOALTo obtain public feedback on analysis, alternatives and/or decisions. To work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered. To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution. To place final decision making in the hands of the public.PROMISE TO THE PUBLICWe will keep you informed and listen to and acknowledge concerns & aspirations and provide feedback on how public input influenced the decision. We will work with you to ensure that your concerns & aspirations are directly reflected in the alternatives devel oped and provide feedback on how public input influenc ed the decision. We will look to you for advice & innovation in formulating solutions and incorporate your advice and recomm-endations into the decisions to the maximum extent possible. We will implement what you decide. Inform/Communicate To provide the public with balanced and objective information to assist them in understanding the problem, alternatives, opportunities, and/or solutions. CONSULT INVOLVE COLLABORATE EMPOWER SELECT BASED ON LEVEL OF ENGAGEMENT• Surveys • Interviews • Focus groups • Public meetings • Public comment • Open houses (where there is an opportunity for the public to give input) • Public engagement platforms • Charrettes • Focused conversations • Community liaisons • World cafes/table talks • Open space meetings (self directed meetings) • Card storming (using sticky notes to generate ideas, identify priorities) • Appreciative inquiry processes • Deliberative forums • Advisory groups • Study circles • Workshops • Citizen juries • Deliberative polling process Example Tools and Techniques Defining the level of engagement After there is clarity on the decision and how the public will participate in the decision making process, the level of engagement is determined. The IAP2 engagement spectrum outlines different levels of engagement and helps determine how community will contribute to the process and what the expectations are for achieving a given level of engagement. Throughout any level of engagement, one-way communication will occur to provide the community with the resources and information they need to contribute effectively. Increasing Impact on the Decision 23 City of Bozeman | Community Engagement Initiative 9 Tools and Techniques for Community Engagement Different tools and techniques are employed throughout a project depending on the level of engagement selected. The selection of tools and techniques is guided by the Community Engagement Plan and the level of engagement from “consult” to “empower.” Additional considerations that play into the selection of techniques include who the project seeks to engage, what resources are available, and the project timeline. Choosing the right tools or techniques The guiding principles of Engage Bozeman encourage staff to think bravely and thoughtfully when selecting the best tools and techniques for a given project. As shown in the example above, the City has access to a number of options to engage at every level of the spectrum. In addition staff are always considering ways to evolve existing tools to better match an impacted audience and looking at new methods that may be new to the toolbox. TAKE RISKS We heard that innovation requires flexibility and the willingness to pivot as we develop new processes and tools. “Don’t be afraid to try new things and change your strategy if it doesn’t work” “Growing is uncomfortable! You have to be willing to stop the way you’re doing things and start in another direction.” 24 City of Bozeman | Community Engagement Initiative 10 TIME WELL-SPENT In several instances, people mentioned that they felt heard and like their input was valued in one-on-one interactions with staff and elected officials. Similarly, people appreciated when events were organized in a way that is respectful of people’s time - giving plenty of advance notice, not having meetings run long, and allowing flexible options for people to participate in their own time. DO YOU NEED TO HEAR FROM SPECIFIC GROUPS? DON’T ASK THEM TO COME TO YOU. GO TO THEM. While asking folks to come to an event can still result in good engagement, it may not always be the most accessible. Consider the location of events. Are they near public transportation? Are they within walking distance of the audience you’re trying to reach? Is childcare a factor for your participants? Going into the community may be the best way to reach those who wouldn’t otherwise make it to an event somewhere else. This is also a way to give new people, who’ve never engaged before, an opportunity to have a voice at the “table.” ADVISORY GROUPS Have you heard the term “citizen boards” “working groups” or other types of “advisory groups” before? A tool that is commonly used in local governments to address complex topics, advisory groups provide input, advice, and recommendations to decision makers on a regular and ongoing basis. As with all engagement tools, the role that they play in the engagement process should be clear from the get-go. Are these tools accessible for community members? Time will always be a limitation for many folks who may want to provide input but are not able to attend meetings. Staff should consider how we can ease the burden of time, especially for those who may have higher barriers to participate. Consider tools that: • Allow for people to participate in their own time • Offer engagement opportunities that can be attended live or viewed afterwards • Go TO the communities you’re trying to reach to reduce travel burden for participants, and meet in spaces they are comfortable in • Yes, virtual meetings are still a great option! They’re easy to join and allow for folks to squeeze it into busy schedules or attend even if they’re a caregiver 25 City of Bozeman | Community Engagement Initiative 11 The relationship between Community Engagement and Communications Communications is a one-way process that informs, educates and alerts. As shown in the Community Engagement spectrum, efforts to “Inform/ Communicate” underlie every level of engagement and are critical to successful community engagement processes. Communications and community engagement are always woven together. Depending on the project, there may be phases of the project where communications is the primary focus. Some examples of how communications will be used as a part of the engagement process include: • Creating awareness about an ongoing project and opportunities to participate • Providing background education for those who engage • Closing the feedback loop by communicating back to participants about how their input was used or influenced the decision • Only “Informing” may be sufficient for increasing awareness and education on a project where community engagement has already been completed, or where another level of engagement is not required I WASN’T AWARE OF THE OPPORTUNITIES! Lack of a robust communications component can create one of the most significant barriers to participation for any audience. A common theme heard from those who don’t participate is a lack of information or knowledge about upcoming opportunities for engagement. While community engagement provides the process and mechanism for soliciting public input in decision making, communications is the tool for inviting those same folks into a space where two-way engagement can occur. 26 City of Bozeman | Community Engagement Initiative 12 THE IMPORTANCE OF LANGUAGE Sometimes, reading about a city project feels like you’re reading something in a totally different language. Technical terms, political jargon, acronyms, can exclude people from participating. Sometimes language barriers are much more literal - project leads must consider translation needs for the languages spoken in our community (for example: Spanish, Arabic, and Mandarin.) “When you’re able to communicate with someone in their own language, it creates connection, it creates a safe space for people to have open conversation, knowing they will be understood.” “Use language that’s relevant to the person you’re speaking to – keep it simple.” THE IMPORTANCE OF COMMUNICATIONS AND RELATIONSHIPS As we innovate and make the most of new technology or methods for reaching out, we can not lose sight of the importance of word of mouth. Bozeman is growing but our community spirit is still very alive. Many folks still receive information and are drawn to participate as they interact directly with friends, colleagues, and neighbors. Fostering relationships and utilizing opportunities to share information with community liaisons remains important. Using the right channels for the audience As outlined in the City’s recently adopted Communications Plan (2020), the City is tasked with reaching an extremely broad group of people, depending on the topic. Clearly identifying the audience and then tailoring the different channels or avenues for reaching those people requires careful foresight, planning, budget, time and effort. While it is ideal for community members to seek information from the city (example: following or looking up City social media pages), it is our duty to recognize when it will be necessary to proactively reach out to the community by using communications avenues that directly target the groups that may be most impacted by the decisions being made as a part of the engagement process (example: receiving a direct email about an opportunity to give input on a project of interest.) Bolstering current communications tools As the City continues to prioritize community engagement, there remains a continued need to apply the same guiding principles to how the city does communications. Knowing that, there are spaces where the city can continue to innovate, adapt, and improve it’s existing tools to reach a broader and more representative group of Bozeman community members. 27 City of Bozeman | Community Engagement Initiative 13 How do we do Community Engagement? Using IAP2’s framework, we are in the early stages of establishing our process and building our capacity to plan for and implement community engagement efforts as a part of City projects. The following enumerates our process for planning community engagement efforts: 1.Project planning: As City projects are planned for, project teams consider which decisions have alreadybeen made, which decisions could benefit from community input, the potential impacts on the public,timeline, and anticipated level of public interest in their projects. These factors help determine the level ofcommunications and engagement needed for a given project. 2.Create a Community Engagement Plan: A Community Engagement Plan outlines key roles, stakeholders,decisions to be made, engagement level, resources needed, and a schedule for engagement. Projectteams work with the City’s internalCommunity Engagement Teamthroughout the planning process toensure that engagement processes arethoughtful, effective, and inclusive. 3.Engage Bozeman!: Project teamleads community engagementefforts in coordination with staff andconsultants. This includes utilizingappropriate tools and techniques tofacilitate engagement with the public.Community members participate inengagement opportunities and sharetheir input with the project team. 4.Make the decision: Input is compiledand provided to decision makers.Decision makers use public input asdetermined by the level of engagementto make better decisions. 5.Follow up: Staff inform the communityof how their input influenced theoutcomes and decisions made. 6.Reflect and Evaluate: Staff gatherfeedback from those who participatedon successes, challenges, and ways toimprove the engagement process. JUST ASK! We heard encouragement from stakeholders to ask participants what worked and what didn’t as a follow-up to engagement efforts. Work with trusted community members to develop engagement activities that will be meaningful and effective for the folks you’re seeking input from. “Ask us! If we are in on something from inception, we can help make that better for everyone.” COMMUNITYENGAGEMENTLIFE CYCLE Createcommunityengagementplan Decision makersmake decisionInform thepublic on howinput influencedthe decision Reflect & evaluateeffectiveness of engagement process City plans for future projects EngageBozeman! The graphic above shows an example of how the engagement process works as a cycle to continuously improve and evolve through each project. 28 City of Bozeman | Community Engagement Initiative 14 What’s Next? Building Internal Capacity BUILD ON LESSONS LEARNED Develop ways to measure the success and efficacy of community engagement efforts and set realistic goals according to capacity and resources. “Set attainable benchmarks for who you are trying to reach, and communicate the intent in reaching out to people of a certain income, race, or ethnicity.” “Set expectations and be clear about what the City can do with the staff and resources you have.” r Continue staff training: City staff will continue to receive training from IAP2 on community engagement planning and techniques. Over the next year, we hope to have 15 staff across City departments certified through the IAP2 Foundations course. Additionally, we will continue to provide internal staff trainings on our approach as well as in meeting facilitation and engagement techniques. r Grow the Community Engagement Team: Bring in additional team members across City departments to provide technical support and advise project leads. r Provide technical assistance: Throughout summer 2020, our community engagement approach, definitions, and community engagement planning tools have been presented across City departments to directors, managers, and staff. Several departments have piloted the community engagement planning process and contributed to its ongoing development. r Develop new tools and techniques: Explore and pilot diverse and accessible approaches to community engagement. We will continue to draw upon the experiences and expertise of peer communities in community engagement best practices. Measuring Our Efforts Tracking the success of our efforts is an ongoing process that will occur as we build internal capacity and implement engagement plans out in our community. Tracking progress in the following areas can help guide where we invest time and resources to support community engagement efforts at the City of Bozeman. r Develop and distribute post-engagement polls to measure stakeholder satisfaction with the community engagement process and representation of demographics in participation events and activities r Track completion and implementation of Community Engagement Plans • Track number of plans per Fiscal Year • Track number of events hosted • Track attendance at events for each project r Track internal training: • Deliver quarterly trainings to staff on planning and techniques for community engagement • Track number of staff who have received training across City departments 29 Find more information on the Engage Bozeman initiative at www.bozeman.net/engage Community Engagement | April 2021 This effort is supported by: City Manager’s Office Communications Neighborhoods 30 Page 1 of 24 REQUEST FOR PROPOSALS (RFP) GRAPHIC DESIGN AND COMMUNICATIONS SUPPORT CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 December, 2020 31 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to provide graphic design and marketing and communication support services to the Community Housing Program. Copies of the Request for Proposals are available on the City’s website at http://weblink.bozeman.net/WebLink8/0/doc/228701/Electronic.aspx. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFPs to the City Clerk by December 23rd, 2020 at 3:00 PM MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ 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. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, 32 https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net. Questions relating to the RFP should be directed to: Tanya Andreasen, Community Housing Program Manager, (406)582-2953, tandreasen@bozeman.net. DATED at Bozeman, Montana, this 6th Day of December, 2020. Mike Maas City Clerk City of Bozeman For publication on: Sunday, December 6th, 2020 Sunday, December 13th, 2020 Sunday, December 20th, 2020 33 I. INTRODUCTION The City of Bozeman (City), is seeking proposals from firms to provide graphic design, marketing, and communications support services to the Community Housing Program. The City intends to enter into a contract with the selected firm that will primarily include graphic design for use on City webpages, social media channels, print materials, and publications. Some document layout may be required. Communications support may include the crafting of complex messaging around policy recommendations or budget decisions. This RFP shall not commit the City to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The City reserves the right to accept or reject all responses received as a result of this RFP if it is in the City’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFP, all Submitters agree to be bound by the laws of the State of Montana and of the City, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. PROJECT BACKGROUND AND DESCRIPTION The City of Bozeman’s Community Housing Needs Assessment was completed in early 2019, and the Community Housing Action Plan (Action Plan) accepted early in 2020. These guiding documents are the basis for a community partnership framework that advances cross agency and organization collaborations to address housing issues in Bozeman. The City of Bozeman’s Community Housing Program is the convenor of these diverse partners, and takes the lead on researching and implementing many of the strategies of the Action Plan. The complex nature of the issues, while also at times being fraught with emotion or frustration, can create a need for careful, transparent, and regular communication with people who have a diversity of needs and perspectives. Submitting firms must be able to demonstrate an ability to present complicated financial concepts, impacts of policy changes, or market data using graphical presentations to create shared understanding among diverse target audiences. The City’s Community Housing Program seeks to initiate community wide communication and engagement with community members by creating a recognizable presence via branding and visual/graphical tools. III. SCOPE OF SERVICES 34 The City of Bozeman is requesting proposals from qualified firms or individuals for the development of public engagement, reporting, and education materials and communications support for the Community Housing Program. The City seeks proposals that prove capabilities for the project areas below; describing strategies to be used and quality controls. Sufficient detail must be given and should include examples of past projects, ability to meet deadlines, and managerial experience. The proposer should demonstrate knowledge and understanding of the complexities of educating on policy issues in the Bozeman community. These services include but are not necessarily limited to graphic design, and communications support such as messaging and education regarding affordable housing. 1. Materials/Production/Creative: Describe how graphic materials are created. Do you have staff available to do graphic design and write copy? Provide examples of items that you have produced for other agencies that demonstrate your ability to provide easy to understand information on complicated issues. 2. Annual Reporting: Due to the serious and often times emotional nature of housing shortages and cost-burdened households, etc., it is critical that the City of Bozeman regularly shares progress, challenges, and strategic goals with our community. Provide examples of publications generated to summarize and report information concisely in a consumable and appealing format. 3. Branding: The Community Housing Program is in its beginning phases of development. City of Bozeman believes that it is important for Bozeman residents and interested public and private stakeholders to recognize the Community Housing Program as a leader in addressing housing affordability issues. How will you create a brand identity that is recognizable among our diverse partners and stakeholders? 4. Messaging: Due to the complex nature of the faceted issues surrounding affordable housing, it is critical that the City communicates often and uses a variety of modes to create understanding among different stakeholder groups. How will you work with city staff to develop messaging using graphics and narrative that might be understood by people with diverse understanding and perspective of the issues? 5. Social Media: Demonstrate how you would integrate social media as a part of an education effort. The City of Bozeman manages all social media channels internally but is interested in utilizing innovations within platforms to engage with users in a productive way. What is your experience with creating shareable content that educates about complex subject matter? Items that may be requested of the firm could include: • Brand development for the Community Housing Program • Messaging, talking points, FAQ • Materials: development of a mailer/rack card, PowerPoint presentation, website content • Social Media: developing social media appropriate graphics and video, guidance on effecting messaging through the City’s social media channels for education 35 • Graphic design and document layout for a printable PDF annual report The final scope of work will be negotiated with the successful proposer. IV. PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. Responses to each item should appear in the same order as in this RFP and should identifythe item to which the responses applies. a) Title Page The title page shall include the firm/individual name, address, contact, telephone number and email address to contact for information regarding the proposal. The title page must bear the signature of authorized representative of the Respondent and designates, by name, not more than two individuals authorized to sign agreements with the City on behalf of the Respondent. b) Executive Summary This section shall provide an overview of the proposal and the Respondent’s understanding of the City’s needs. The summary should also include any experience the Respondent wishes to highlight, as well as any relevant conditions or restrictions. c) Firm Profile & Project Personnel Provide information about the firm, including: 1. Location, number of employees, and ownership. 2. Describe the firm’s history. Include information on how many years the firm has worked in this topic area. Identify the firm’s annual volume of business, and speak to the firm’s current workload. 3. Brief resumes shall be provided for each key project individual (no longer than one page). Any proposed subcontractors should be clearly identified and their profiles described. 4. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). d) Scope of Proposal 1. Provide responses to the questions posed in the Scope of Services above, and address each of the project areas with detailed narrative. 2. Provide an outline of the schedule for completing tasks. Include deliverable milestones. 3. Identify what portion of work, if any, may be subcontracted. 36 e) Budget The budget for this proposal is limited to a maximum of $10,000 for FY21, therefore Vendors are invited to submit proposals with the tasks prioritized to aid the City in working together with the selected firm to identify and implement core tasks within the budget available for this project. In your response to this proposal, please provide the following: 1. Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, including the time required for meetings, conference calls, etc. 2. Cost by Task: Provide the cost of each task identified in the Scope of Proposal section detailed by employee/job position and number of hours. Provide a total not to exceed figure for the Scope of Proposal. Price all additional services/deliverables separately. 3. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. Include a per meeting rate in the event additional meetings are needed. A fee schedule for sub-consultants, if used, shall be included. 4. Markup: Provide a list of any markup percentages that the firm may add on for outside costs (printing, design, etc.). 5. All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. f) Description of recent or current work performed for the City of Bozeman (past 2 years) g) References Please provide name and contact information for at least three references for similar projects completed in the last two years. h) Affirmation of Nondiscrimination and Equal Pay (see Attachment A) Non-completion of the Affirmation of Nondiscrimination and Equal Pay is cause for disqualification of firms. V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS EVENT DATE/TIME Publication dates of RFP Sunday, December 6th, 2020 Sunday, December 13th, 2020 Sunday, December 20th, 2020 Deadline for receipt of proposals December 23rd, 2020 Evaluation of proposals TBD 37 Interviews (if necessary) and Selection of consultants TBD With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. VI. AMENDMENTS TO SOLICITATION Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is 4:00 PM MST on December 22nd, 2020. VII. CONTACT INFORMATION Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406) 582-2321, agenda@bozeman.net Questions relating to scope of services should be directed to: Tanya Andreasen, Community Housing Program Manager, (406)582-2953, tandreasen@bozeman.net. VIII. SELECTION PROCEDURE 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 may arrange interviews with the finalist(s) prior to selection. Selection may be made directly based on the written RFP submission. If interviews occur, the selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman. The selection of interview candidates will be based on an evaluation of the written responses to the RFPs. All submitted proposals must be complete and contain the information required as stated in the "Request for Proposals.” IX. SELECTION CRITERIA Proposals will be evaluated based on the following criteria: • [5 points] Executive Summary • [30 points] Proposal Requirements • [20 points] Capability of the Firm • [10 points] Assigned Personnel • [20 points] Cost and Work Hours • [15 points] Related Experience with Similar Projects 38 X. FORM OF AGREEMENT The Contractor will be required to enter into a contract with the City in substantially the same form as the professional services agreement attached as Attachment B. Options for two (2) fiscal year extensions beyond the intial contract term may be included in the agreement if agreed upon by both parties. XI. CITY 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. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR PROPOSALS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUESTS FOR PROPOSALS AT A LATER DATE. A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFP, all Respondents who submitted will be notified using email. B. 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 60 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. C. 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. D. 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. E. 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 Appendix B for form of professional services agreement. The 39 professional services agreement presented to the Contractor may differ from this form as appropriate for the scope of services). F. 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. G. 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. H. Projects under any contract are subject to the availability of funds. XII. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that 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, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. XIII. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. 40 C. 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. D. 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. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFP not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. XIV. ATTACHMENTS The following exhibits are incorporated in this RFP: Attachment A: Non-Discrimination Affirmation Attachment B: Form of City Professional Services Agreement END OF RFP 41 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(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. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 42 ATTACHMENT B FORM OF PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), 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.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services/produce the Deliverables described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _____ day of ______________, 202_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: 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. 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. 43 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 the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (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 post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services 44 provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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, 45 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 expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional 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 City as 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 the City 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 City 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 City for a claim(s) or any portion(s) thereof. In the event of an action filed against the 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, 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 [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, 46 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 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. 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 per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City 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 thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or 47 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. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the 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 48 receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for 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. 11. Representatives and Notices: 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 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 designated by the City in writing 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 49 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. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 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 and Equal Pay: 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 50 Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors 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 its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the 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 51 local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of 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: In the event it becomes necessary for either Party 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 including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, 52 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 party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein 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. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. 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 __________________________. 32. Ownership and Reuse of Documents: Upon payment in full by City to Contractor for all monies due Contractor under this Agreement, the Deliverables produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the Deliverables will be at City’s sole risk and without liability or legal exposure to Contractor or to its officers, directors, members, partners, agents, employees, and consultants. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 53 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA _____________________________ CONTRACTOR (Type Name Above) By___________________________ By: _________________________________ Jeff Mihelich, City Manager Print Name: _________________________ Print Title: ___________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 54 Page 1 of 21 CITY OF BOZEMAN, MONTANA Request for Proposals CONSULTING AND DESIGN SERVICES FOR FACILITIES BOND AND AFFORDABLE HOUSING MILL LEVY EDUCATION EFFORT Proposals must be received no later than: Monday, June 21, 2021 at 3:00 PM MST Deliver digital copy of the proposal to: Mike Maas, City Clerk agenda@bozeman.net 55 Page 2 of 21 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms qualified to provide consulting and design services for education efforts around the proposed ballot resolutions for bonds to fund several renovations to city facilities and a proposed affordable housing mill levy. Copies of the Request for Proposals are available on the City’s Website at: https://weblink.bozeman.net/WebLink/DocView.aspx?id=237250&dbid=0&repo=BOZEMAN All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFPs via email to the City Clerk by June 21, 2021 at 3:00pm MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ 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. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. Failure to comply with the above may be cause for the City to deem the submittal non-responsive. Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net Questions relating to scope of services and project management should be directed to: Melody Mileur, Communications Coordinator, mmileur@bozeman.net 56 Page 3 of 21 DATED at Bozeman, Montana, this 26th day of May, 2021 Mike Maas City Clerk City of Bozeman For publication on: Sunday, May 30, 2021 Sunday, June 13, 2021 57 Page 4 of 21 1. BACKGROUND On March 23, 2021 the Bozeman City Commission directed staff to being work to develop ballot language to propose to Bozeman voters a bond issuance and a mill levy for funding critical needs in Bozeman. It is expected that the City Commission will approve the ballot language in July and the questions will be on the city ballot for voter consideration on November 2, 2021. 1. General Fund Facility Bond As approved through the City’s recently adopted Capital Improvement Plan this bond of $9 million dollars would fund updates and replacements to occur in Fiscal Year 2023, which begins in July 2022. This bond would cover the costs of a relocation of Bozeman Fire Station 2, renovation of the Bozeman Swim Center, renovation of Bogert Pool, and renovation and upgrades to the Lindley Center. 2. Affordable Housing Mill Levy As directed by the City Commission, staff are moving forward with the direction to pursue a 7 mill levy (cumulative revenue of ~9.5 million over 10 years) towards supporting the Community Housing program. On average, the program needs $240,000 (1.85 mills) to cover administrative costs and the program currently operates using 3 mills. A 7 mill levy would allow for the program to add an additional staff member, increase appropriations for impact fee reimbursement, down payment assistance, and community grants. Impacts to property tax payers: Based on the direction from the City Commission to put the options listed above to a vote of the community, the potential changes to property taxes for the median home are: To view the City Commission work session and discussion on these two items, as well as additional background information visit our website to review the March 23, 2021 City Commission meeting and accompanying documents. 2. SCOPE OF SERVICES The City of Bozeman is requesting proposals from qualified firms or individuals for the development of an outreach and education program for the proposed General Fund Facility Bond and Affordable Housing Mill Levy to be presented to City voters. The City is prohibited by state law from using public resources to advocate for or against ballot issues or voted tax increases. However, the City does have a responsibility to educate the public on the needs of the community and provide solutions for their consideration. The City’s educational efforts will include facts about the proposed bond and mill levy and the impact of passage or failure of the ballot issues on City operations. Election Question Number of Mills Tax Per Median home a year GF Facility Bond 5.24 25.21$ Affordable Housing 7 Mill 7.00 33.67$ Total 12.24 58.88$ 58 Page 5 of 21 It should be understood that the successful proposer will need to have a full and complete understanding of the “bright line” that exists in the law between advocating and educating. This understanding can and will be highlighted throughout the work done with city staff. The City seeks proposals that prove capabilities for the project areas below; describing strategies to be used and quality controls. Sufficient detail must be given and should include examples of past projects, ability to meet deadlines, and managerial experience. The proposer should demonstrate knowledge and understanding of the complexities of educating on ballot issue in the Bozeman community. These services include but are not necessarily limited to developing and implementing strategy, messaging through written and visual mediums, and education regarding the proposed district. 1. Strategic Communications Plan: Provide us with a general overview of how you would create a strategic communications plan for the bond and mill levy. What will be key events throughout the timeline? How would you suggest the flow of information be distributed to educate as efficiently and thoroughly as possible? Which staff members would you utilize in the education effort and how much City staff time will be needed? 2. Logo and Branding: The City of Bozeman believes that it is crucial for Bozeman voters to recognize and understand what they are voting on when they go to the polls. How will you create a brand identity for the education effort that captures attention and drives people to learn more about the ballot items? How will this identity be carried through all aspects of the strategic communications plan? 3. Messaging: Due to the complexity of these two very different categories, there is potential for misinformation to spread around the topics. It is critical that the City’s education effort for both ballot items be unified across all platforms and venues. How will you work with city staff to develop effective key messages and consistent answers to FAQs? 4. Materials/Production/Creative: Describe your design process. Do you have staff, skills, and tools available to produce effective graphic, written and video content? Provide examples of items that you have produced for other agencies that demonstrate your ability to provide easy to understand information on complicated issues. 5. Accessible and inclusive communications: Describe the practices you will use to ensure that messages and content are distributed in formats that are accessible for people with disabilities, people of all ages, people of low levels of education, and non-English speaking residents in our community. 6. Social Media: Demonstrate how you would integrate social media as a part of an education effort. What is your experience with creating shareable content that educates about complex subject matter? Describe how you would tailor messaging on different platforms while ensuring consistent messaging and brand recognition. 7. Media Planning & Buying: Provide us with your process in deciding where, when, and how to purchase media. What tools or analytics do you use? What are the determining elements that make your purchasing decisions? Optimization strategy? Please include reference to social media advertising in your proposal. 8. Community Partnerships: How do partnerships with local Bozeman organizations fit into the overall education effort? How have you used partnerships and relationships with key stakeholders to extend an agency’s ability to communicate beyond their existing channels? How have you used relationships to reach folks who are commonly missed in broad communication? How has that helped to extend budget and staff time? 59 Page 6 of 21 9. Budget: The proposed budget for this project is $36,000, which includes the scope proposed as well as consultant’s time. Provide a proposed budget for the completion of scope generally described within this RFP. Include estimated budgets for media buys and printing costs as would be necessary within the proposed strategic communications plan. Items that may be requested of the firm could include: • Logo and brand development • Messaging, talking points, FAQ • Creative Materials: development of a mailer/rack card, PowerPoint presentation, website copy, graphics for website and social media, educational video(s) The final scope of work will be negotiated with the successful proposer. 3. MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL I. Submission Requirements and Instructions All requirements in this section are mandatory. The City reserves the right to waive any non- material variation. a. Submit digitally one electronic copy of the proposal in a single, searchable PDF document file to the City Clerk’s office at agenda@bozeman.net II. 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: Title Page The title page shall include the firm/individual name, address, contact, telephone number and email address to contact for information regarding the RFP. The title page must bear the signature of authorized representative of the Respondent and designate, by name, not more than two individuals authorized to sign agreements with the City on behalf of the Respondent. Executive Summary This section shall provide an overview of the RFP and the Respondent’s understanding of the City’s needs. Emphasis should be placed on the Respondent’s expertise in the subject area of the Project. The summary should also include any points the Respondent wishes to highlight, as well as any relevant conditions or restrictions. 60 Page 7 of 21 Firm/Individual Profile This section shall provide a profile of the firm/individual including the number of employees and their locations. Brief resumes shall be provided for each key project individual. The percentage of total time key staff people (e.g. project manager, implementation staff) will devote to this project should be listed. A complete list of local government clients shall be provided including all Montana local governments. Key staff may not be replaced once a contracting firm has been selected without prior approval of the City. Describe the ability of the firm and its team to provide on-demand, in-person, and cost-effective support to the City. Scope of Project This section shall describe how the Respondent will fulfill the Scope of Work. Related Experience with projects similar to the Scope of Services Provide case studies featuring prior work for each core area of professional services as delineated in the Scope of Services. The case studies should demonstrate the depth experience of the proposing prime firm and their team. Present and Projected Workloads Describe the firm’s current major projects and, if possible, affirm that the firm can accommodate the projects anticipated by the Scope of Work. Recent and current work for the City of Bozeman List projects completed for the City of Bozeman over the last 4 years. Affirmation of nondiscrimination (see Attachment 1) Non-completion of the Affirmation of non-discrimination is cause for disqualification of firms. The City reserves the right to require the submittal of additional information that supplements or explains proposal materials. 4. REQUEST FOR PROPOSALS SCHEDULE EVENT DATE/TIME Publication dates of RFP Sunday, May 30, 2021 61 Page 8 of 21 Sunday, June 13, 2021 Deadline for receipt of written questions about RFP Monday June 14, 2021– 5:00 PM Deadline for receipt of proposals Monday June 21, 2021 – 3:00 PM Evaluation of proposals June 22-25 Interviews (if necessary) and Selection of consultants June 31-July 2 (as needed) 5. CONTACTS Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406) 582-2321, agenda@bozeman.net Questions relating to scope of services and project management should be directed to: Melody Mileur, Communications Coordinator, 406-582-2322, mmileur@bozeman.net 6. 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 may arrange interviews with the finalist(s) prior to selection. Selection may be made directly based on the written RFP submission. If interviews occur, the selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman. The selection of interview candidates will be based on an evaluation of the written responses to the RFPs. All submitted proposals must be complete and contain the information required as stated in the "Request for Proposals.” 7. SELECTION CRITERIA Proposals will be evaluated based on the following criteria: • [5 points] Executive Summary • [50 points] Qualifications of the Firm for Scope of Services; Cost • [30 points] Related Experience with Similar Projects • [10 points] Present and Projected Workloads • [5 points] Recent and current work for the City of Bozeman 8. RESERVATION OF RIGHTS; LIABILITY WAIVER 62 Page 9 of 21 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, 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 Consultant and negotiate a final scope of service and cost, negotiate a contract with another Consultant if an agreement cannot be reached with the first selected Consultant, or reject all proposals. The professional services contract between the City of Bozeman and the successful Consultant will incorporate the Consultant's scope of service and work schedule as part of the agreement (see Attachment 2 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 Consultant, 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 Consultants who submitted proposals will be notified using email. Projects under any contract are subject to the availability of funds. 9. 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. 10. 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. 63 Page 10 of 21 11. 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. 12. 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. 13. 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. 14. 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. 64 Page 11 of 21 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(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. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 65 Page 12 of 21 Attachment B – Form of Professional Services Agreement PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), 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.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _____ day of ______________, 202_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: 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. 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. 66 Page 13 of 21 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 the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (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. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 67 Page 14 of 21 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 expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional 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 City as 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 the City 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 City 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 City for a claim(s) or any portion(s) thereof. In the event of an action filed against the 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, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any 68 Page 15 of 21 way connected with or incident to the performance of this Agreement except “responsibility for [City’s] 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 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. 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 per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City 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 thirty (30) day notice of cancellation or non- renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: 69 Page 16 of 21 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the 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. 70 Page 17 of 21 d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for 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. 11. Representatives and Notices: 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 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 designated by the City in writing 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. 71 Page 18 of 21 c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 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 and Equal Pay: 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. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 72 Page 19 of 21 Contractor shall require these nondiscrimination terms of its subcontractors 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 its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of 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: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice 73 Page 20 of 21 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 including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 74 Page 21 of 21 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 herein 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. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. 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 __________________________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 75 Page 1 of 11 REQUEST FOR PROPOSALS (RFP) CONSULTING AND GRAPHIC DESIGN SERVICES FOR BALLOT EDUCATION CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 May 2023 76 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to provide consulting and graphic design services for education efforts related to ballot education. Copies of the Request for Proposals are available on the City’s website. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to the City Clerks’ Office upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFPs via email to the City Clerk by June 15 at 5 p.m. MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net NON-DISCRIMINATION AND EQUAL PAY 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. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material. Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net. 77 Questions relating to the RFP should be directed to: Takami Clark, Communications & Engagement Manager, (406) 582-2322, tclark@bozeman.net. DATED at Bozeman, Montana, this May 8, 2023. Mike Maas City Clerk City of Bozeman For publication on: Saturday, May 27, 2023 Saturday, June 10, 2023 78 I. INTRODUCTION The City of Bozeman (Owner), is seeking proposals from firms provide consulting and graphic design services for education efforts related to ballot education. The Owner intends to enter into a contract with the selected firm that may include but is not limited to advertising, marketing collateral, and messaging. This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFP if it is in the Owner’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFP, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. PROJECT BACKGROUND AND DESCRIPTION Voter education is key in encouraging turnout during local elections. Without an educated public, voters may decide on issues without a full understanding of the impacts. The city aims to use communications experts to educate on ballot initiatives and costs, and encourage citizens to vote. The City is prohibited by state law from using public resources to advocate for or against ballot issues or voted tax increases. However, the City does have a responsibility to educate the public on the needs of the community and provide solutions for their consideration. The City’s educational efforts will include facts about the ballot initiatives and the impact of passage or failure on City operations. III. SCOPE OF SERVICES 1. Strategic Communications Plan: Provide us with a general overview of how you would create a strategic communications plan for ballot education. What will be key events throughout the timeline? How would you suggest the flow of information be distributed to educate as efficiently and thoroughly as possible? 2. Logo and Branding: The City of Bozeman believes that it is crucial for Bozeman voters to recognize and understand what they are voting on when they go to the polls. How will you create a brand identity for the education effort that captures attention and drives people to learn more about the ballot items? How will this identity be carried through all aspects of the strategic communications plan? 79 3. Messaging: It is critical that the City’s education effort for ballot items be unified across all platforms and venues. How will you work with city staff to develop effective key messages and consistent answers to FAQs? 4. Materials/Production/Creative: Describe your design process. Do you have staff, skills, and tools available to produce effective graphic, written and video content? Provide examples of items that you have produced for other agencies that demonstrate your ability to provide easy to understand information on complicated issues. 5. Accessible and inclusive communications: Describe the practices you will use to ensure that messages and content are distributed in formats that are accessible for people with disabilities, as required by Title II of the ADA, Section 508 of the Rehabilitation Act, and level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG), for people of all ages, people of low levels of education, and non-English speaking residents in our community. 6. Social Media: Demonstrate how you would integrate social media as a part of an education effort. What is your experience with creating shareable content that educates about complex subject matter? Describe how you would tailor messaging on different platforms while ensuring consistent messaging and brand recognition. 7. Media Planning & Buying: Provide us with your process in deciding where, when, and how to purchase media. What tools or analytics do you use? What are the determining elements that make your purchasing decisions? Please include reference to social media advertising in your proposal. 8. Community Partnerships: How do partnerships with local Bozeman organizations fit into the overall education effort? How have you used partnerships and relationships with key stakeholders to extend an agency’s ability to communicate beyond their existing channels? How have you used relationships to reach folks who are commonly missed in broad communication? 9. Budget: The proposed budget for this project is $36,000 for one election cycle, which includes the scope proposed as well as consultant’s time. Provide a proposed budget for the completion of scope generally described within this RFP. Include estimated budgets for media buys and printing costs as would be necessary within the proposed strategic communications plan. Further budgets and scopes may be requested should the city wish to pursue additional ballot education issues. Items that may be requested of the firm could include: • Logo and brand development • Messaging, talking points, FAQ • Creative Materials: development of a mailer/rack card, PowerPoint presentation, website copy, graphics for website and social media, educational video(s) IV. PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. Responses to each item should appear in the same order as in this RFP and should identify the item to which the responses applies. 80 • Executive Summary • Firm/Individual Profile • Scope of Project • Related Experience with Projects Similar to the Scope of Services • Proposed Schedule • Present and Projected Workloads • Recent and Current Work for the City of Bozeman • Price Proposal a) Affirmation of Nondiscrimination (see Appendix A) Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms. V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS EVENT DATE/TIME Publication dates of RFP Saturday, May 27 Saturday, June 10 Deadline for receipt of proposals Thursday, June 15 Evaluation of proposals June 16-23 Interviews (if necessary) and Selection of consultants June 26-30 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by June 15 at 5 p.m. MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to an alternate submission method upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. VI. AMENDMENTS TO SOLICITATION Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is 5 p.m. MST on June 7. 81 VII. CONTACT INFORMATION Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406) 582-2321, agenda@bozeman.net Questions relating to scope of services should be directed to: Takami Clark, Communications & Engagement Manager, tclark@bozeman.net, 406-582-2322. VIII. SELECTION PROCEDURE 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 may arrange interviews with the finalist(s) prior to selection. Selection may be made directly based on the written RFP submission. If interviews occur, the selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman. The selection of interview candidates will be based on an evaluation of the written responses to the RFPs. All submitted proposals must be complete and contain the information required as stated in the "Request for Proposals.” IX. SELECTION CRITERIA Proposals will be evaluated based on the following criteria: • [5 points] Executive Summary • [50 points] Qualifications of the Firm for Scope of Services; Cost • [30 points] Proposal Requirements • [10 points] Present and Projected Workloads • [5 points] Related Experience with Similar Projects X. FORM OF AGREEMENT The Contractor will be required to enter into a contract with the City in substantially the same form as the professional services agreement attached as Attachment B. XI. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER 82 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. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFP, all Respondents who submitted will be notified using email. B. 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 60 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. C. 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. D. 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. E. 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 Appendix B for form of professional services agreement. The professional services agreement presented to the Contractor may differ from this form as appropriate for the scope of services). F. 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. 83 G. 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. H. Projects under any contract are subject to the availability of funds. XII. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that 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, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. XIII. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. 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 84 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. D. 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. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFP not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. XIV. ATTACHMENTS The following exhibits are incorporated in this RFP: Appendix A: Non-Discrimination Affirmation Appendix B: Form of Professional Services Agreement END OF RFP 85 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(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. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 86 Page 1 of 12 REQUEST FOR PROPOSALS (RFP) PROFESSIONAL SERVICES AGREEMENT FOR BOZEMAN SUSTAINABLE ORGANICS MANAGEMENT PROGRAM EDUCATION AND OUTREACH CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 October 2024 87 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to provide professional education and outreach services to the Solid Waste Division’s Sustainable Organics Compost Program. These services include but are not necessarily limited to developing and implementing strategic communication plans and public outreach and education. Copies of the Request for Proposals are available on the City’s website. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFPs via email to the City Clerk by Thursday, November 14 at 5:00 p.m. MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: procurement@bozeman.net NON-DISCRIMINATION AND EQUAL PAY 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. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material. 88 Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, procurement@bozeman.net. Questions relating to the RFP should be directed to: Takami Clark, Communications & Engagement Manager, (406) 582-2322, tclark@bozeman.net. DATED at Bozeman, Montana, this 25th day of October, 2024. Mike Maas City Clerk City of Bozeman For publication on: Saturday, October 26, 2024 Saturday, November 02, 2024 89 I. INTRODUCTION The City of Bozeman (Owner), is seeking proposals from firms to perform professional education and outreach services for the Solid Waste Division’s Sustainable Organics Management Program (Organics). These services include but are not necessarily limited to developing and implementing strategic communication plans and public outreach and education. The Owner intends to enter into a contract with the selected firm that will include these services for the Organics Program as described in this Request for Proposal. This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFP if it is in the Owner’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFP, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. PROJECT BACKGROUND AND DESCRIPTION The city of Bozeman’s Solid Waste Division currently offers commercial and residential collection services for both general refuse and recycling. In 2022, Bozeman City Commission directed staff to implement an Organics program offering for city residents. In 2023, the city was awarded an EPA grant to offset certain capital costs associate with launching the Bozeman Sustainable Organics Management Program. A component of this grant award includes professional services for an awareness marketing campaign associated with education and outreach for the Organics Program. The grant award provides approximately $100,000 for these services. III. SCOPE OF SERVICES It is the intent of the Solid Waste Divison to provide public communications that inform the community of its efforts in a consistent, proactive, and effective fashion. The Consultant will develop an overarching Organics Program education and outreach plan, implement plan elements, and continuously advise the Division on communications strategy. Outreach and education materials/campaigns may take various forms and span a full range of media services. 90 Scope of services will include: TASK 1: WEBSITE UPDATE Consultant will provide copywriting, design, and coordination services with City staff for web material related to the Organics Program. TASK 2: SOCIAL MEDIA Consultant will provide continual services to design and implement social media campaign related to the Organics Program. TASK 3: PRINT MEDIA Consultant will provide services to design and implement print media campaign related to the Organics Program. TASK 4: DIRECT MAIL Consultant will provide services to design and implement direct mail campaign related to the Organics Program. TASK 5: DIGITAL CHANNELS Consultant will provide services to design and implement digital media campaign related to the Organics Program. IV. PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. Responses to each item should appear in the same order as in this RFP and should identify the item to which the responses applies. a) Consultant’s legal name, address, telephone number, website (if any), and email address. b) Statement of qualifications that includes Consultant’s professional credentials, experience, and qualifications in providing the Scope of Services stated in this Request for Proposal. c) A narrative describing the Consultant’s proposed approach to developing the services requested in the scope. The narrative must provide sufficient detail as to how the Consultant will develop the plan. Include the necessary tasks to complete this effort together with a schedule for how the plan will be developed and implemented. The Division intends to launch the Organics Program in Spring of 2025 with education and outreach to launch in January of 2025. 91 d) A description of how you use market research to inform your communications strategy, including how you track campaign performance and make adjustments as needed. Provide an example of market data or information you would provide a client before the campaign runs, and an example of what metrics you would provide after to show how each campaign fared. e) A portfolio of creative materials including print, radio, web, and video media. f) The hourly billing rates of individuals providing professional services. Estimated costs for media buys and printing costs shall be provided as well. g) Identify each principal of the firm and other key personnel who will be professionally associated with the Organics Program with this contract. Describe their respective areas of expertise and contract role. Include personalized resumes that identify the qualifications, training, and experience of each key personnel. h) A description of the firm’s current work activities and how these would be coordinated with the project, as well as specific current workloads of the project team members. i) A list of any sub-consultants including information required in parts E and F above. j) Project management and organizational chart of key personnel assigned to the project including any sub-consultants that may be used. Indicate how the Divison will interact with the key personnel on the project. k) A description of no more than three similar projects completed for a local government entity including whether the projects were completed on time and within budget. Include primary client contact information for each in order to facilitate reference checks. l) Affirmation of Nondiscrimination (see Appendix A) Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms. V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS EVENT DATE/TIME Publication dates of RFP Saturday, October 26, 2024 Saturday, November 02, 2024 Deadline for receipt of proposals Thursday, November 14, 2024 by 5:00 p.m. Evaluation of proposals Friday, November 22, 2024 Interviews (if necessary) and Selection of consultants Week of November 25, 2024 92 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. Deliver RFPs via email to the City Clerk (procurement@bozeman.net) by Thursday, November 14, 2024 by 5:00 p.m. MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address procurment@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. VI. AMENDMENTS TO SOLICITATION Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is 12:00 PM MST on November 8, 2024. VII. CONTACT INFORMATION Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406) 582-2321, procurement@bozeman.net. Questions relating to scope of services should be directed to: Takami Clark, Communications & Engagement Manager, (406) 582-2322, tclark@Bozeman.net VIII. SELECTION PROCEDURE 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 may arrange interviews with the finalist(s) prior to selection. Selection may be made directly based on the written RFP submission. If interviews occur, the selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman. The selection of interview candidates will be based on an evaluation of the written responses to the RFPs. All submitted proposals must be complete and contain the information required as stated in the "Request for Proposals.” 93 IX. SELECTION CRITERIA Proposals will be evaluated based on the following criteria: • [30 points] Overall approach to Organics Program Education and Outreach. • [20 points] The qualifications of professional personnel assigned to the project. • [15 points] Capability to meet time and budget requirements. • [15 points] Use of data and metrics in campaign strategy and reporting. • [10 points] Location of the firm. • [10 points] Related experience with similar projects. X. FORM OF AGREEMENT The Contractor will be required to enter into a contract with the City in substantially the same form as the professional services agreement attached as Attachment B. XI. CITY 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. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFP, all Respondents who submitted will be notified using email. B. 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 60 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. C. 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. 94 D. 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. E. 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 Appendix B for form of professional services agreement. The professional services agreement presented to the Contractor may differ from this form as appropriate for the scope of services). F. 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. G. 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. H. Projects under any contract are subject to the availability of funds. XII. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that 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, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. XIII. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or 95 agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. 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. D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator David Arnado at 406-582-3232 or the City’s TTY line at 406-582-2301. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFP not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. XIV. ATTACHMENTS The following exhibits are incorporated in this RFP: Appendix A: Non-Discrimination Affirmation 96 Appendix B: Form of Professional Services Agreement END OF RFP 97 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(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. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 98 Page 1 of 20 CITY OF BOZEMAN, MONTANA Request for Proposals CONSULTING AND DESIGN SERVICES FOR BOZEMAN PARKS AND TRAILS SPECIAL DISTRICT EDUCATION EFFORT Proposals must be received no later than: Monday, May 20, 2019 at 3:00 PM MST Deliver hard copies of the proposal to: Robin Crough, City Clerk PO Box 1230 121 North Rouse Ave, Suite 200 Bozeman, MT 59771 99 Page 2 of 20 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms qualified to provide consulting and design services for education efforts around the proposed Bozeman Parks and Trails District. Copies of the proposed Scope of Services, Qualifications Evaluation Criteria, and the City's Consultant Selection Procedure may be obtained by visiting the City website at www.bozeman.net under the “Doing Business” drop-down menu and clicking on “RFPs and Bids.” 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 Monday May 20, 2019 at 3:00 PM. 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, deliveries via shipping companies should be addressed 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. Failure to comply with the above may be cause for the City to deem the submittal non-responsive. 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 should be directed to: Melody Mileur, Communications Coordinator, mmileur@bozeman.net. DATED at Bozeman, Montana, this 24th day of April, 2019. 100 Page 3 of 20 Robin Crough City Clerk City of Bozeman For publication on: Sunday, April 28, 2019 Sunday, May 12, 2019 101 Page 4 of 20 1. BACKGROUND On March 4, 2019 the Bozeman City Commission decided to ask Bozeman voters at the next general election whether they support the creation and implementation of a city-wide Parks and Trails Special District. If created, the Parks and Trails Special District will provide a dedicated funding source for maintaining the City of Bozeman’s parks and trails as well as meeting the costs of existing deferred maintenance, currently estimated at approximately seven million dollars. A citywide Parks and Trails Special District is proposed to solve three major issues: 1. Deferred Maintenance 2. Operations and ongoing maintenance 3. Equity – standardizing maintenance levels in all public parks and trails A citywide Parks and Trails Special District or equivalent has been anticipated, planned and recommended since roughly 1996. In the 2007 Parks, Recreation, Open Space and Trails (PROST) Plan 10.2 Top Ten Non- Facility Recommendations calls to “Evaluate and implement a citywide Parks Maintenance District or some equivalent alternative.” The item ranked as priority number 4 based on survey results, public input and level of service analysis. Subsequently, in 2011 and 2013 two different Montana State University (MSU) students conducted research papers on the potential creation of a parks maintenance district in Bozeman. In 2016, the City of Bozeman received a grant to contract with the Trust for Public Land (TPL) to perform a Conservation Finance Feasibility Study that showed examples of how the city could create a Parks and Trails Special District similar to the city’s Tree Assessment or Street Maintenance Assessment. The following year the city contracted with Peaks to Plains Design and PROS Consulting to conduct a Parks and Trails District Feasibility Study. This team presented to the City Commission in February and July of 2018. At the February 26, 2018 meeting, the City Commission voted to pursue creation of a citywide Parks and Trails Special District and at the July 23, 2018 meeting, voted on the desired level of service in which to plan such a special district. 2. SCOPE OF SERVICES The City of Bozeman is requesting proposals from qualified firms or individuals for the development of a public engagement and education program for the proposed Parks and Trails Special District to be presented to City voters. The City is prohibited by state law from using public resources to advocate for or against ballot issues or voted tax increases. However, the City does have a responsibility to educate the public on the needs of the community and provide solutions for their consideration. The City’s educational efforts will include facts about the proposed district and the impact of passage or failure of the ballot issue on City operations. It should be understood that the successful proposer will need to have a full and complete understanding of the “bright line” that exists in the law between advocating and educating. This understanding can and will be highlighted throughout the work done with city staff. The City seeks proposals that prove capabilities for the project areas below; describing strategies to be used and quality controls. Sufficient detail must be given and should include examples of past projects, 102 Page 5 of 20 ability to meet deadlines, and managerial experience. The proposer should demonstrate knowledge and understanding of the complexities of educating on ballot issue in the Bozeman community. These services include but are not necessarily limited to developing and implementing strategy, messaging, and education regarding the proposed district. 1. Strategic Communications Plan: Provide us with a general overview of how you would create a strategic communications plan for the district. What will be key events throughout the timeline? How would you suggest the flow of information be distributed to educate as efficiently and thoroughly as possible? Which staff members would you utilize in the education effort and how much City staff time will be needed? 2. Logo and Branding: The City of Bozeman believes that it is crucial for Bozeman voters to recognize and understand what they are voting on when they go to the polls. How will you create a brand identity for the education effort? How will this identity be carried through all aspects of the strategic communications plan? 3. Messaging: Due to the complexity of the district there is potential for misinformation to spread around the topic. It is critical that the City’s education effort be unified across all platforms and venues on which it informs the public about the district. How will you work with city staff to develop key messages, answers to FAQs, etc? 4. Materials/Production/Creative: Describe how graphic materials are created. Do you have staff available to do graphic design, write copy, and produce video? Provide examples of items that you have produced for other agencies that demonstrate your ability to provide easy to understand information on complicated issues. 5. Social Media: Demonstrate how you would integrate social media as a part of an education effort. The City of Bozeman manages all social media channels internally but is interested in utilizing innovations within platforms to engage with users in a productive way. What is your experience with creating shareable content that educates about complex subject matter? 6. Media Planning & Buying: Provide us with your process in deciding where, when, and how to purchase media. What tools or analytics do you use? What are the determining elements that make your purchasing decisions? Optimization strategy? Please include reference to social media advertising in your proposal. 7. Community Partnerships: How do partnerships with local Bozeman organizations fit into the overall education effort? How have you used partnerships to extend an agency’s ability to communicate beyond their existing channels? How has that helped to extend budget and staff time? 8. Budget: Provide a proposed budget for the completion of scope generally described within this RFP. Include estimated budgets for media buys and printing costs as well. Items that may be requested of the firm could include: • Logo and brand development • Messaging, talking points, FAQ • Materials: development of a mailer/rack card, PowerPoint presentation, website content • Social Media: developing social media appropriate graphics and video, guidance on effecting messaging through the City’s social media channels for education The final scope of work will be negotiated with the successful proposer. 103 Page 6 of 20 3. MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL I. Submission Requirements and Instructions All requirements in this section are mandatory. The City reserves the right to waive any non- material variation. a. Submit one (1) original proposal package and three (3) copies, under sealed envelope, by mail or hand-delivery to the address provided. b. Each submission must be marked on the outside with the Company’s name and the name of the project. c. Any proposal received after the deadline will be returned to the proposer unopened. d. Proposals and required attachments shall be submitted as specified and must be signed by officials authorized to bind the proposer to provide the services. II. 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: Title Page The title page shall include the firm/individual name, address, contact, telephone number and email address to contact for information regarding the RFP. The title page must bear the signature of authorized representative of the Respondent and designate, by name, not more than two individuals authorized to sign agreements with the City on behalf of the Respondent. Executive Summary This section shall provide an overview of the RFP and the Respondent’s understanding of the City’s needs. Emphasis should be placed on the Respondent’s expertise in the subject area of the Project. The summary should also include any points the Respondent wishes to highlight, as well as any relevant conditions or restrictions. Firm/Individual Profile This section shall provide a profile of the firm/individual including the number of employees and their locations. Brief resumes shall be provided for each key project individual. The percentage of total time key staff people (e.g. project manager, implementation staff) will devote to this project should be listed. A complete list of local government clients shall be provided including all Montana local governments. Key staff may not be replaced once a contracting firm has been selected without prior approval of 104 Page 7 of 20 the City. Describe the ability of the firm and its team to provide on-demand, in-person, and cost-effective support to the City. Scope of Project This section shall describe how the Respondent will fulfill the Scope of Work. Related Experience with projects similar to the Scope of Services Provide case studies featuring prior work for each core area of professional services as delineated in the Scope of Services. The case studies should demonstrate the depth experience of the proposing prime firm and their team. Present and Projected Workloads Describe the firm’s current major projects and, if possible, affirm that the firm can accommodate the projects anticipated by the Scope of Work. Recent and current work for the City of Bozeman List projects completed for the City of Bozeman over the last 4 years. Affirmation of nondiscrimination (see Attachment 1) Non-completion of the Affirmation of non-discrimination is cause for disqualification of firms. The City reserves the right to require the submittal of additional information that supplements or explains proposal materials. 4. REQUEST FOR PROPOSALS SCHEDULE EVENT DATE/TIME Publication dates of RFP Sunday, April 28, 2019 Sunday, May 12, 2019 Deadline for receipt of written questions about RFP Monday May 13, 2019 – 5:00 PM Deadline for receipt of proposals Monday May 20, 2019 – 3:00 PM Evaluation of proposals TBD Interviews (if necessary) and Selection of consultants TBD 105 Page 8 of 20 5. 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 should be directed to: Melody Mileur, Communications Coordinator, 406-582-2322, mmileur@bozeman.net 6. 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 may arrange interviews with the finalist(s) prior to selection. Selection may be made directly based on the written RFP submission. If interviews occur, the selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman. The selection of interview candidates will be based on an evaluation of the written responses to the RFPs. All submitted proposals must be complete and contain the information required as stated in the "Request for Proposals.” 7. SELECTION CRITERIA Proposals will be evaluated based on the following criteria: • [5 points] Executive Summary • [50 points] Qualifications of the Firm for Scope of Services; Cost • [30 points] Related Experience with Similar Projects • [10 points] Present and Projected Workloads [5 points] Recent and current work for the City of Bozeman 8. 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, any and all proposals upon finding that doing so is in the public interest. 106 Page 9 of 20 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 Consultant and negotiate a final scope of service and cost, negotiate a contract with another Consultant if an agreement cannot be reached with the first selected Consultant, or reject all proposals. The professional services contract between the City of Bozeman and the successful Consultant will incorporate the Consultant's scope of service and work schedule as part of the agreement (see Attachment 2 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 Consultant, 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 Consultants who submitted proposals will be notified using email. Projects under any contract are subject to the availability of funds. 9. 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. 10. 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. 11. 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 107 Page 10 of 20 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. 12. 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. 13. 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. 14. 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. 108 Page 11 of 20 Statement of Non-Discrimination – Attachment 1 ____________________________________(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 109 Page 12 of 20 Attachment 2 – Form of Professional Services Agreement 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: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit “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 _____ day of ______________, 201_. 3. Scope of Services: 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. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and 110 Page 13 of 20 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 post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effective and applicable to Gallatin County, Montana which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. 111 Page 14 of 20 The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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 expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below the indemnitee shall be entitled to 112 Page 15 of 20 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: • 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 per accident; 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. 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. 113 Page 16 of 20 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 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. 114 Page 17 of 20 d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for 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. 11. 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 James Goehrung 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. 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 115 Page 18 of 20 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 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 subcontractors 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. 116 Page 19 of 20 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 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: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 117 Page 20 of 20 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 party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 118 Page 1 of 11 REQUEST FOR PROPOSALS (RFP) CONSULTING AND GRAPHIC DESIGN SERVICES FOR GALLATIN VALLEY WATER AND WASTEWATER REGIONALIZATION STUDY EDUCATION CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 July 2023 119 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals from firms to provide consulting and graphic design services for education efforts related to ballot education. Copies of the Request for Proposals are available on the City’s website. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to the City Clerks’ Office upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFPs via email to the City Clerk by August 3 at 4 p.m. MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net NON-DISCRIMINATION AND EQUAL PAY 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. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, or equivalent “best practices publication and has read the material. 120 Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net. Questions relating to the RFP should be directed to: Takami Clark, Communications & Engagement Manager, (406) 582-2322, tclark@bozeman.net. DATED at Bozeman, Montana, this July 11, 2023. Mike Maas City Clerk City of Bozeman For publication on: Saturday, July 15, 2023 Saturday, July 22, 2023 Saturday, July 29, 2023 121 I. INTRODUCTION The City of Bozeman (Owner), is seeking proposals from firms provide consulting and graphic design services for education efforts related to the Gallatin Valley Water and Wastewater Regionalization Study being jointly prepared by the City of Bozeman, City of Belgrade, and Gallatin County. The Owner intends to enter into a contract with the selected firm that may include but is not limited to advertising, marketing collateral, and messaging. This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFP if it is in the Owner’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFP, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. II. PROJECT BACKGROUND AND DESCRIPTION The Gallatin Valley Water and Wasteater Regionalization Study is intended to determine if regionalizing water and wastewater for the Gallatin Valley is economically and environmentally feasible. The study will provide information on long-term reliability of water supply in the rapidly growing community, long term wastewater treatment, and working with partners in the region to realize a steep economy of scale that exists in water and wastewater infrastructure and a shared workforce for these utilities. The city aims to use communications experts to educate about the study. III. SCOPE OF SERVICES 1. Strategic Communications Plan: Provide us with a general overview of how you would create a strategic communications plan for the regionalization study education. What will be key events throughout the timeline? How would you suggest the flow of information be distributed to educate as efficiently and thoroughly as possible? 2. Logo and Branding: How will you create a brand identity for the education effort that captures attention and drives people to learn more about the study? How will this identity be carried through all aspects of the strategic communications plan? 3. Messaging: It is critical that the City’s education effort for study items be unified across all partners, platforms, venues. How will you work with city staff to develop effective key messages and consistent answers to FAQs? 122 4. Materials/Production/Creative: Describe your design process. Do you have staff, skills, and tools available to produce effective graphic, written and video content? Provide examples of items that you have produced for other agencies that demonstrate your ability to provide easy to understand information on complicated issues. 5. Accessible and inclusive communications: Describe the practices you will use to ensure that messages and content are distributed in formats that are accessible for people with disabilities, as required by Title II of the ADA, Section 508 of the Rehabilitation Act, and level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG), for people of all ages, people of low levels of education, and non-English speaking residents in our community. 6. Social Media: Demonstrate how you would integrate social media as a part of an education effort. What is your experience with creating shareable content that educates about complex subject matter? Describe how you would tailor messaging on different platforms while ensuring consistent messaging and brand recognition. 7. Community Partnerships: How do partnerships with local Bozeman organizations fit into the overall education effort? How have you used partnerships and relationships with key stakeholders to extend an agency’s ability to communicate beyond their existing channels? How have you used relationships to reach folks who are commonly missed in broad communication? 8. Budget: Provide a proposed budget for the completion of scope generally described within this RFP. Include estimated budgets for media buys and printing costs as would be necessary within the proposed strategic communications plan. Further budgets and scopes may be requested should the city wish to pursue additional study education issues. Items that may be requested of the firm could include: • Logo and brand development • Messaging, talking points, FAQ • Creative Materials: development of a mailer/rack card, PowerPoint presentation, website copy, graphics for website and social media, educational video(s) IV. PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. Responses to each item should appear in the same order as in this RFP and should identify the item to which the responses applies. • Executive Summary • Firm/Individual Profile • Scope of Project • Related Experience with Projects Similar to the Scope of Services • Proposed Schedule • Present and Projected Workloads • Recent and Current Work for the City of Bozeman • Price Proposal 123 a) Affirmation of Nondiscrimination (see Appendix A) Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms. V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS EVENT DATE/TIME Publication dates of RFP Saturday, July 15 Saturday, July 22 Saturday, July 29 Deadline for receipt of proposals August 3 Evaluation of proposals August 4-10 Interviews (if necessary) and Selection of consultants August 11-17 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by August 3 at 4 p.m. MST. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to an alternate submission method upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. VI. AMENDMENTS TO SOLICITATION Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is 5 p.m. MST on July 27. VII. CONTACT INFORMATION Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406) 582-2321, agenda@bozeman.net Questions relating to scope of services should be directed to: Takami Clark, Communications & Engagement Manager, tclark@bozeman.net, 406-582-2322. 124 VIII. SELECTION PROCEDURE 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 may arrange interviews with the finalist(s) prior to selection. Selection may be made directly based on the written RFP submission. If interviews occur, the selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman. The selection of interview candidates will be based on an evaluation of the written responses to the RFPs. All submitted proposals must be complete and contain the information required as stated in the "Request for Proposals.” IX. SELECTION CRITERIA Proposals will be evaluated based on the following criteria: • [5 points] Executive Summary • [50 points] Qualifications of the Firm for Scope of Services; Cost • [30 points] Proposal Requirements • [10 points] Present and Projected Workloads • [5 points] Related Experience with Similar Projects X. FORM OF AGREEMENT The Contractor will be required to enter into a contract with the City in substantially the same form as the professional services agreement attached as Attachment B. XI. CITY 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. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. A. This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises 125 this RFP, all Respondents who submitted will be notified using email. B. 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 60 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. C. 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. D. 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. E. 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 Appendix B for form of professional services agreement. The professional services agreement presented to the Contractor may differ from this form as appropriate for the scope of services). F. 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. G. 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. H. Projects under any contract are subject to the availability of funds. XII. NONDISCRIMINATION AND EQUAL PAY POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that it will not discriminate on the basis of race, color, religion, creed, 126 sex, age, marital status, national origin, or because of actual or perceived sexual orientation, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. The City also requires each entity submitting under this notice shall affirm it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. XIII. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. 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. D. 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. E. Procurement. When discrepancies occur between words and figures in this solicitation, 127 the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFP not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. XIV. ATTACHMENTS The following exhibits are incorporated in this RFP: Appendix A: Non-Discrimination Affirmation Appendix B: Form of Professional Services Agreement END OF RFP 128 Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(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. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 129 Memorandum REPORT TO:Study Commission FROM:Mike Maas, Ex Officio SUBJECT:Plan April 3 Public Hearing MEETING DATE:March 19, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Plan April 3 Public Hearing STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:TBD UNRESOLVED ISSUES:None identified. ALTERNATIVES:As per the Study Commission. FISCAL EFFECTS:The Study Commission has determined that their first public hearing is to be scheduled on April 3, 2025, at 5:30 p.m. The legal notice for the public hearing is attached. The Study Commission is tasked to "conduct one or more public hearings for the purpose of gathering information regarding the current form, functions, and problems of local government (MCA 7-3-186(2)(a))." Attachments: Notice of Public Hearing of the Bozeman Study Commission.docx Report compiled on: March 10, 2025 130 Notice of Public Hearing of the Bozeman Study Commission On Thursday, April 6, 2025,at 5:30 p.m., The Study Commission will conduct a public hearing for the purpose of gathering informa?on regarding the current form, func?ons, and problems of local government in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman MT. Remote electronic par?cipa?on may also be available. Instruc?ons for par?cipa?ng remotely will be included on the mee?ng agenda. The agenda is available at h?ps://www.bozeman.net/mee?ngs at least 48 hours prior to the mee?ng. The purpose of the public hearing is to disseminate informa?on, receive sugges?ons and comments, and s?mulate public discussion of the Study Commission’s purpose, progress, conclusions, and recommenda?ons, affording interested persons reasonable opportunity to submit data, views, or arguments, and the public hearing shall provide for submission of both oral and wri?en tes?mony. The Study Commission invites the public to comment in wri?ng and to a?end the public hearing. Wri?en comments may be directed by email to govreview@bozeman.net or by mail to the City of Bozeman, City Clerks’ Office, P.O. Box 1230, Bozeman, MT 59771-1230. Please reference Study Commission Public Hearing in all correspondence. Study Commission mee?ngs are open to all members of the public. If you have a disability that requires assistance, please contact the City of Bozeman's ADA Coordinator, David Arnado, at 406.582.3232, darnado@bozeman.net. Study Commission mee?ngs are televised live on cable channel 190 and streamed live on our Mee?ng Videos Page. 131 Memorandum REPORT TO:Study Commission FROM:Mike Maas, Ex Officio SUBJECT:Potential Meeting topics: MEETING DATE:March 19, 2025 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:April 3 Public Hearing Study Commission Purview and Charge Charter Crises and City Attorney notes of issues in current Charter Staff identified "pinch points" Develop a summary of issues from First Public Hearing Develop and adopt a communications and public outreach plan with calendar dates and locations Develop and adopt a discovery plan for best practices to be learned from other communities. Following deliberation and public input, decide the Power structure desired for the City of Bozeman Following deliberation and public input, decide the Form of government for the City of Bozeman Following deliberation and public input, decide the Plan sub-options that will be under consideration Following deliberation and public input, decide the Recommendations that will be under consideration Draft a Tentative Report and submit for legal review Second Public Hearing—to gather citizen response to Tentative Report Adopt the Final Report from Second Public Hearing STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:This item is a living list of potential future meeting topics. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As per the Study Commission. FISCAL EFFECTS:TBD Report compiled on: March 7, 2025 132