HomeMy WebLinkAbout9. PSC Community Development
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Economic Development Director
David Fine, Economic Development Specialist
SUBJECT: Authorize the City Manager to sign a professional services contract with
Community Development Services of Montana in the amount of $2,500
for assessing the feasibility and appropriateness of an expansion of the
North Seventh Urban Renewal District (NSURD) and, pending the findings of that assessment, and in consultation with the NSURD Board, assisting the City in completing the steps necessary to expand the District,
if appropriate and Recommended by the NSURD Board and approved by
the Commission.
MEETING DATE: October 13, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign a professional services contract with Community Development Services of Montana.
SUGGESTED MOTION: I move to authorize the City Manager to sign a professional
services contract with Community Development Services of Montana.
BACKGROUND: In 2013, the Bozeman Tourism Business Improvement District (TBID) commissioned a Convention Center Feasibility Report authored by Hospitality Consulting
Group. The report analyzed sites around Bozeman and recommended a site on “vacant land that
exists to the North of the Holiday Inn, located within the area bounded by North 11th Avenue on
the west and Baxter Lane on the north and east.” While this site is located within the North Seventh Urban Renewal District (NSURD), it provides inadequate space for the facility and parking. Additionally, the presence of Mandeville Creek poses a significant and expensive
obstacle to development on the site. Undeveloped land to west bounded by Baxter Lane on the
north, Patrick Street on the south, and 11th Avenue on the east has far fewer development
limitations: This land is not currently in the NSURD, but including it in the district may enable the district to fund convention center related development on the site. NSURD expansion would also provide significant opportunities for addressing infrastructure deficiencies that can drive
new development in the North 7th Avenue corridor. Currently, the North 7th Avenue commercial
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corridor is experiencing an aesthetic makeover, which includes new street lights, landscaping,
sidewalks and other improvements. In response to this makeover, the North 7th Avenue
commercial corridor is seeing new development and renewed interest in infill and redevelopment
projects along North 7th Avenue. These projects and other improvements to private properties, including in some cases demolition of low value structures, has added value to many properties in the district and the increment is steadily growing. Staff has discussed the viability of studying
expansion of the District with the NSURD Board. The goal of the initial study is to determine if
it is economically feasible and desirable to expand the boundaries of the North 7th Avenue TIF
district. The contract proposes three phases of the project to study and possibly expand the
NSURD (See Attachment A). The NSURD Board and City Commission will be consulted
before proceeding to phases 2 and 3 of the project. Phase 1 involves reviewing properties
contiguous to the existing NSURD to assess the appropriateness under Montana law for inclusion in an urban renewal district. Phase 2, in consultation with the NSURD Board, involves the selection of new expanded district boundaries and holding public informational meetings
with stakeholders. Phase 3 includes completing the steps necessary to expand the NSURD,
including the appropriate public hearings before the City Commission. The contract does not
require that Phases 2 and 3 be completed. The decision to move to phases 2 and 3 will be based on recommendations of the NSURD Board.
UNRESOLVED ISSUES:
1. Areas proposed for expansion of the NSURD may not be appropriate for inclusion in an urban renewal district. Phase 1 of this project is designed to provide an answer to this question.
2. It is unlikely that the NSURD could pay debt service for the entirety of the construction
of a convention center, even with an expanded district boundary. Convention center
construction would likely require other public and private funding partners, such as the Tourism Business Improvement District (TBID) and private developers. The sources of funding for a convention center involve policy decisions that have not yet been made by
the City Commission. NSURD expansion will allow for more flexible site selection and
somewhat greater participation by the district as a funding partner.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: The cost of Phase 1 is “not to exceed” $2,500. The NSURD Board has
included the Phase 1 costs in the FY 15 District workplan and budget.
If we proceed to Phase 2, identifying areas of expansion, the cost is “not to exceed” $3,500, and if we proceed to Phase 3, District expansion, the cost is “not to exceed” $14,000.
The total possible cost of the professional services contract for the expansion of the NSURD, if
completed, is $20,000. Funding for Phases 2 and 3 would require the NSURD Board to request
that the City Commission approve an amended FY 15 District work plan and budget.
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Attachments:
1. Professional Services Agreement with Community Development Services of Montana
2. Attachment A: Scope of Work and Associated Costs.
Report compiled on: September 30, 2014
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Professional Services Agreement for Tax Increment Finance District Expansion FY 2014 – FY 2015
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2014, 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, Community Development Services of Montana, with a
mailing address of 954 West Caledonia St., Butte, MT 59701 hereinafter referred to as
“Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment “A” and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will terminate on January 2, 2016.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services (the frequency and work schedule). For
conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise,
the Agreement governs.
4. Payment: The City agrees to compensate CDS of Montana an amount not
exceeding $2,500 for Phase 1 of the scope of work as detailed in Attachment A to this agreement
based on an hourly rate of $80.00 per hour plus expenses. If the City chooses to continue with
subsequent phases, the City will agree to compensate CDS of Montana an additional amount, not to
exceed $17,500, based on an hourly rate of $80.00 per hour plus expenses for Phases 2 and 3 of the
scope of work as detailed in Attachment A to this agreement. Compensation will be made within
fifteen (15) days of submittal of an invoice via electronic mail to David Fine, dfine@bozeman.net,
by CDS of Montana. Any alteration or deviation from the described services that involves
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additional costs above the Agreement amount will be performed by Contractor after written request
by the City, and will become an additional charge over and above the amount listed in the Scope of
Services. The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
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connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
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 to services 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 and expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically
dangerous) or damages of whatever kind or nature connected therewith and without limit and
without regard to the cause or causes thereof or the negligence of any party or parties that may be
asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or
resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the
Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents;
or (iii) the negligent, reckless, or intentional misconduct of any other third party.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this Section
must not be construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnitee(s) which would otherwise exist as to such indemnitee(s).
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Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a
court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or
was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
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• Automobile Liability - $100,000 property damage, each accident/ bodily injury
$500,000, each accident; and
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 the Commercial Liability policy. The
insurance and required endorsements must be in a form suitable to City and shall include no less
than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City
within two (2) business days of Contractor’s receipt of notice that any required insurance coverage
will be terminated or Contractor’s decision to terminate any required insurance coverage for any
reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any terms
or 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/Contractor Termination:
a. Should conditions arise which, in the sole opinion and discretion of the City,
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make it advisable to the City to cease performance under this Agreement City may terminate
this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the
City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work
as may be necessary to preserve, protect, and maintain work already completed or
immediately in progress.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for City’s Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
e. Contractor may terminate this Professional Services Agreement in whole or
in part for any reason at any time upon giving written notice. Such termination shall be
effective in the manner specified in said notice. The City will compensate Contractor for
services performed up to the date of termination. If Contractor terminates pursuant to this
subsection, Contractor shall immediately provide City with all Contractor’s work product.
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.
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b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Brit Fontenot (Economic Development Director) or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to Brit Fontenot 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 Janet Cornish or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to
Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a
person from employment, or discriminate against a person in compensation or in a term, condition,
or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title
VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub-
Contractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or
illegal drugs, by any employee or agent engaged in services to the City under this Agreement.
Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations
under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol
misuse prevention plans and related testing. City shall have the right to request proof of such
compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents of
either party, which are not contained in this written Agreement, may be considered valid or binding.
This Agreement may not be enlarged, modified or altered except by written agreement signed by
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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: That in the event it becomes necessary for either Party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
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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 and the parties expressly agree that venue will be in Gallatin
County, Montana, and no other venue.
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 Attachments 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 by written
agreement of the Parties. In no case, however, may this Agreement run longer than May 31st, 2016.
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chris Kukulski, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Attachment A to the Professional Services Agreement between the City of Bozeman and CDS of Montana
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Attachment A to the Professional Services Agreement between CDS of Montana
and the City of Bozeman
The City of Bozeman is considering the expansion of the existing North Seventh Street
Urban Renewal District for the purposes of furthering its efforts to revitalize this
commercial area and surrounding neighborhoods. If the expansion is determined to be
feasible and appropriate, the City also intends to extend its North Seventh Tax
Increment Financing (TIF) program to the new portions of the urban renewal district.
The analysis of feasibility and appropriateness (Phase 1) per the scope of work will
include the following elements:
• An on-site review of the area(s) proposed to be included in the expanded urban
renewal district, to establish whether it potentially meets the statutory
requirements with respect to blight (7-15-4206, MCA)
• The identification of a preliminary boundary based on these statutory
requirements
• Interviews with City staff to help identify blight and infrastructure deficiencies in
the proposed area(s)
• A cursory review of current urban renewal program and the status of the
existing TIF
• A presentation of findings to the Urban Renewal Agency Board
If the existence of blight is substantiated within the area proposed to be added to the
existing district, the City may choose to proceed with the balance of work (Phases 2 and
3) necessary to expand the district with a base year of 2015 per the following:
Scope of Work and Associated Costs
The total cost associated with completing all of the steps necessary to expand the
Bozeman North 7th Urban Renewal TIF district is $20,000. The ability to keep the cost at
this amount, relies on the timely cooperation of the local government in:
• selecting the boundary of the project
• developing legal descriptions in a digital format
• generating maps in a JPEG/PDF format
• collecting information including geocodes and property owner information
• providing relevant documents including adopted growth policies and zoning
regulations
• providing previously adopted and/or similar board and governing body notices,
resolutions, ordinances, etc. in a digital format
• facilitating the flow of various communications
• publishing and posting public hearing notices as required
• making sure ordinances and resolutions are introduced and acted upon
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Attachment A to the Professional Services Agreement between the City of Bozeman and CDS of Montana
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• mailing required information to property owners
• providing other on-site functions as needed
The City of Bozeman will pay for such things as publication of all documents, provision
of printed growth policy for state certification, hearing notices, certified mailings, and
map production.
The following provides a description of the scope of work, in phases with associated
costs:
Phase 1. Site Review and Feasibility Analysis - “not to exceed” $2,500.00
a. Assess proposed urban renewal area (s) and determine suitability as such,
based on 7-15-4206 MCA
b. Meet with City staff to identify infrastructure deficiencies
c. Meet with City staff to review the existing urban renewal program, timing
and funds and appropriateness of new/expanded district
d. Meet with City Manager, Administrative Services Director, and Economic
Development staff to discuss the policy implications of Urban Renewal
District Expansion.
e. On a second site visit, make preliminary recommendations to the Urban
Renewal Board regarding the proposed (expanded) district with respect
to:
i. Potential findings of blight and associated statutory issues
ii. Boundary delineation
iii. Time frame
iv. Other, as appropriate
Phase 2. Project Kick-Off - “not to exceed” $3,500.00
f. Conduct initial training and orientation sessions regarding Tax Increment
Financing and the steps involved in creating/amend a district.
g. Hold meetings with staff, Urban Renewal Agency Board of Directors, City
Council and other stakeholders to determine the specific boundaries of the
proposed district expansion and to identify all of the available resources
and information
h. Hold meetings with the affected taxing jurisdictions (schools, county, fire
districts, etc.) to provide information on the proposed Urban Renewal TIF
District expansion
i. Conduct educational meeting with property owners within the proposed
Urban Renewal TIF District
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Attachment A to the Professional Services Agreement between the City of Bozeman and CDS of Montana
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Phase 3. Assist the local government in completing the steps necessary to expand
the Urban Renewal TIF District, which include the following - “not to exceed”
$14,000
j. Identify a definitive district boundary
k. Assure that the property proposed for inclusion within the (expanded) TIF
District consists of a continuous area with an accurately described
boundary (including a legal description and a map)
l. Compile a list of geo-codes for the properties included in the proposed
TIF District
m. Generate Property Owners’ Names and Addresses for Mailing Labels
n. Prepare Statement of Blight
o. Develop a Resolution of Necessity for adoption by the City Council
p. Prepare (amendments to) the Urban Renewal Plan with a TIF provision
q. Review Growth Policy to determine whether it adequately provides for
the proposed Urban Renewal Plan
r. Amend Growth Policy as required
s. Review Zoning Regulations with respect to the proposed Urban Renewal
Plan
t. Amend Zoning Regulations if required
u. Request determination of conformance with the Growth Policy from the
Planning Board
v. Prepare the local government's finding that the property within the
proposed TIF is not included within an existing urban renewal district
w. Prepare Ordinance Adopting the (amended) Urban Renewal Plan with a
TIF provision
x. Develop the hearing notice for publication and for mailing by certified
mail to all property owners in the proposed Urban Renewal TIF District
y. Hold the public hearing and adopt the Urban Renewal TIF Plan by
ordinance.
z. Assure that the ordinance becomes effective no later than December 31st of
the 2015 for the purpose of calculating the tax increment
aa. Compile all documents per the Montana Department of Revenue
Administrative Rules concerning the certification of the TIF District
bb. Provide the Department of Revenue and all Affected Taxing Jurisdictions
with package of materials.
cc. Monitor certification by DOR until conclusion of contract
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Attachment A to the Professional Services Agreement between the City of Bozeman and CDS of Montana
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Payment Schedule
CDS of Montana bills on a monthly basis at the end of each month, by email. Our
requested payment schedule is for each monthly bill to be paid within fifteen days of
receipt.
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