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HomeMy WebLinkAboutIHI Response to Request for Proposals 101014 22 Light Street, Suite 300 Baltimore, MD 21012 INNOVATIVE PH: 410-332-9912 O U S I N G FX: 410-555-5555 NSTITUTE www.ihiusa.o[g Table of Contents Table of Contents 1 Cover Sheet 2 One-Page Project Summary 3 Company Description/Capability 4 Informational Content 7 References 11 Cost 13 Outline of Services 15 Proposal Submission Form 17 Statement of Non-discrimination 29 INNOVATIVE HOUSING INSTITUTE www.ihiusa.ory, Page 1 of 16 Cover Sheet October 10, 2014 Prepared for: Stacy Ulmen City Clerk City of Bozeman 121 North Rouse Avenue, Suite 202 Bozeman, MT 59771 Prepared by: Patrick Maier Executive Director Innovative Housing Institute 22 Light Street, Suite 300 Baltimore,MD 21012 Page 2 of 16 One-Page Project Summary The City of Bozeman, Montana(the City) is currently experiencing a situation facing many cities across the country. After a historic economic downturn, the housing industry has begun a comeback. Housing policies that were inactive or suspended during the housing crisis may prove to be beneficial again. The shortage of housing affordable to the workforce remains a severe problem. Significant changes in the market and economy require policies to be reviewed and modified to fit the current situation. The City believes its workforce housing program, Ordinance 1710 (the Ordinance), is a program that warrants evaluation and consideration. The Ordinance, adopted on July 16, 2007 but suspended due to the economic downturn, established standards and procedures for the provision of workforce housing to income-qualified households through the subdivision and zoning review processes of the City. The City is seeking proposals from qualified organizations to evaluate the City's affordable housing regulations and policies, solicit input from Bozeman stakeholders, and translate that information into a comprehensive set of recommendations for utilizing existing processes and/or revising the Ordinance so that it maximizes the City's efforts to provide quality affordable housing to Bozeman's lower income populations. If selected as the consultant for this project, Innovative Housing Institute (IHI) would immediately start work. This would involve: • In consultation with the City creating a schedule for Public Participation meetings that would include the Community Affordable Housing Advisory Board (CAHAB), City Staff, interested organizations, and the public at large. These meetings would be moderated by IHI and a comprehensive report would be created as a part of the final recommendations. • Scheduling weekly update conference calls with City Staff and other required parties to ensure the project is progressing to the City's satisfaction and remains on the appropriate timeline. This will also ensure the project adheres to the agreed upon timeline. Draft versions of IHI's report will also be presented to the City during phase of the project. • While public input is being gathered, the IHI Project Team will reviewthe Ordinance and all relevant documentation available from the City and other reliable sources regarding both the current affordable housing need and extant City programs. The Project Team will use its considerable experience with comparable programs and apply its expertise when evaluating the current situation and preparing recommendation for moving forward. • Once all public input has been collected and appropriately applied, the current housing needs have been evaluated, and the City's affordable housing programs have been reviewed and evaluated, the IHI Project Team will prepare a comprehensive report and deliver it to the City planning staff for final review. Once the City planning staff has approved the final report, IHI will present it to the Bozeman City Commission on February 9, 2015. The final report will be delivered in both a PDF format and in two hard copies. Page 3 of 16 Company Description/Capability The Innovative Housing Institute is a 501(c)3 nonprofit organization with a breadth and depth of experience in inclusionary housing that is unparalleled. IHI was founded by the Executive Director of the Housing Opportunities Commission in Montgomery County, Maryland,the home of the country's most productive and most well regarded inclusionary housing law. In fulfillment of its mission the Institute has helped disseminate sound policy and practice in inclusionary housing across the nation. One of the places where we provided that assistance is Chicago, during the City's initial deliberations on the Affordable Requirements Ordinance. As a national organization, our Board is made up of professionals with extensive experience in affordable housing and community development who are familiar with the best practices as well as the pitfalls of inclusionary housing. We consult with our Board as we provide recommendations to our clients. This practice strengthens our recommendations and provides the advantage of diverse, national experience. The work in Bozeman would be led by IHI's Executive Director, Patrick Maier. Mr. Maier's depth of experience with inclusionary housing policy and implementation is unmatched nationally. From "in the trenches" implementation to national dissemination of best practices, his experience,judgment and activities will enable Bozeman to improve the Ordinance and help build the necessary civic and business support to sustain it. IHI has assembled a team of inclusionary housing professionals who are nationally recognized for their work and expertise. The IHI Project Team is comprised of four talented professionals who will be regularly engaged in providing expertise and guidance to the City. The Project Team will also be able to draw on the expertise of the IHI Board of Directors as issues arise during the project. Resumes and/or biographies for the Project Team and relevant Board members are included later in this proposal. The Project Team will be comprised of Patrick Maier, Jaimie Ross, David Rusk, and Kelly Hunt. The Project Manager will be Patrick Maier. Mr. Maier will serve as the team leader and will coordinate all assignments, reports, and ensure deadlines are being met. Mr. Maier will also oversee and moderate all Public Participation Advisory meetings and will be IHI's representative in Bozeman. The Alternate Project Manager for Mr. Maier will be Kelly Hunt, an associate in IHI's Washington, DC office. Much of the IHI Project Team has worked together for many years on various projects and in furthering IHI's mission. IHI's President, Bernie Tetreault founded IHI in 1996 because he had firsthand knowledge of the potential effectiveness of Inclusionary Housing policies and wanted to disseminate Montgomery County's successful affordable housing policies. He soon looked to his former Montgomery County colleague, Patrick Maier to take the reins as Executive Director. Mr. Maier accepted that position in 2003. David Rusk is a founding member of IHI and worked with Mr. Tetreault since the organization's inception. Jaimie Ross became a Board member in 2005. Kelly Hunt is an associate staffing IHI's Washington, DC office. She joined the team in February of this year. A detailed description of the Project Team's professional profiles, Page 4 of 16 credentials and experience is provided in Section E of this proposal as is required in the Request for Proposals. Relevant Experience While IHI has completed many projects relevant to the proposed work with the City, there are two current examples that best apply to the Bozeman project. IHI recently contributed to a study of a suspended workforce housing ordinance in New Castle County, DE and provided recommendations for revision and re-implementation of the ordinance. The study was requested by the New Castle County Planning and Zoning Director and was completed with the assistance of Arundel Community Development Services, Inc. This project involved an evaluation of the housing needs in the current market, a review of the requirements of the suspended ordinance, a comprehensive study of zoning requirements and benefits to developers, and production of a comprehensive report that included recommendations for reinstituting an improved workforce housing program. The final report and recommendations are currently under review by New Castle County. IHI is currently under contract with the City of Chicago's Department of Planning and Development to consult with City staff and lead a 23 member Task Force made up of City Aldermen, builders/developers both for profit and nonprofit, and charitable and advocacy organizations. The focus is the City's Affordable Requirements Ordinance which needs to be revamped, as it serves primarily as a fee-in-lieu generator rather than a productive inclusionary housing mechanism. This work includes effectively managing Task Force panel discssions regarding improvements to the ARO, translating the results of those discussions into a set of recommendations that meet the charges from the Mayors office, and preparing a draft inclusionary zoning ordinance that reflects the recommendations for presentation to the Mayor and City Council. This work will be completed by late November. IHI also recently completed an extensive, multi-year housing study for the Baltimore Metropolitan Council as part of a Sustainable Communities Regional Planning grant. The study is designed to improve access to affordable housing throughout the Baltimore region. IHI led a consortium consisting of University of Maryland Center for Smart Growth, BAE Urban Economics, and the Jacob France Institute at the University of Baltimore in preparing the Regional Housing Plan for the Baltimore Metropolitan Region. The plan includes a Fair Housing Equity Assessment and a set of recommendations for improving fair housing choice and sustainability for the region. A number of the report's recommendations address actions that will expand and preserve the supply of affordable rental housing. The draft final report can be read at: httl2://www.oppoi-tLtllitycollaborative.org/housing-plan . IHI just completed an assignment advising the City of Williston, ND on the selection of a housing consultant to carry out comprehensive study of housing needs and the development of recommendations for affordable housing provision. Page 5of16 In addition to these examples of recently completed and ongoing experience, IHI has experience in jurisdictions across the country. Under Mr. Maier's leadership, IHI has specific experience in designing and overseeing processes to update local inclusionary housing ordinances. In Baltimore, IHI is part of a current effort to amend the City's Inclusionary Housing Law to strengthen the law and eliminate several loopholes that have resulted in very little production. Mr. Maier also has experience drafting or updating inclusionary housing ordinance(s) in Baltimore, Saratoga Springs, NY, Richmond, VA, Port St. Lucie, FL, and Montgomery County, MD. Mr. Maier, representing IHI, presented testimony on Chicago's ordinance to the Chicago Board of Aldermen prior to the ordinance adoption in 2003. During the campaign to adopt an inclusionary housing law in Chicago, he provided advice and consultation to BPI, one of the lead organizations advocating adoption of the law. It should be understood that IHI as an organization is a "believer" in Inclusionary Housing Policy. It is an important adjunct to land use policy and a tool that is part of the "Police powers" left to the States under the Tenth Amendment to the US Constitution to enact laws and regulations for the benefit of their citizens. It is important to note however that not every jurisdiction has the set of circumstances that justify the adoption of an inclusionary housing policy. Policies need to be tailored to local needs and circumstances. Further, these programs can be complex to administer, and require public education and on-going program stewardship to ensure positive outcomes. Our extensive experience with inclusionary housing, both as local program administrators and as the founder of the National Inclusionary Housing Conference, provides Bozeman an advantageous depth to address your workforce housing program. This combination of knowledge, experience and desire to affect affordable and inclusionary housing policy make the IHI team one of the most effective teams in the country. We have adequate staff to support the work generated by this project and will be able to easily accommodate the schedule described in the proposal. Page 6 of 16 Informational Content Project Team Professional Profiles Patrick Maier Mr. Maier's long experience with inclusionary housing is distinguished particularly by the "hands on" work that he performed in a variety of roles within Montgomery County's government and the Housing Opportunities Commission. Literally, he was present at the inception of Montgomery County's administration of the groundbreaking law in 1975 as an intern in the Office of Housing within the Department of Housing and Community Development (now the Department of Housing and Community Affairs). His 27 year career with Montgomery County exposed him to every aspect of the administration and policy considerations necessary for a sound inclusionary housing law. He served as a Senior Planner at Montgomery County DHCD during initial stages of program implementation, as Director of Development at HOC acquiring and managing Inclusionary Housing Units, and in his current role as Executive Director, founded IHI's National Inclusionary Housing Conference. The National Inclusionary Housing Conference has served to convene Inclusionary Housing practitioners, developers, academics and advocates to address the growing field of inclusionary housing and to highlight best practices, legal challenges and research. Mr. Maier is a frequent speaker at National Conferences and events focused on strategies that foster residential inclusion of affordable housing. Mr. Maier has specific experience in designing and overseeing processes to update local inclusionary housing ordinances. In Baltimore, IHI is part of a current effort to amend the City's Inclusionary Housing Law to strengthen the law and eliminate several loopholes that have resulted in very little production. He also has experience drafting or updating inclusionary housing ordinance(s) in Baltimore, Saratoga Springs, NY, Richmond, VA, Port St. Lucie, FL, and Montgomery County,MD. Mr. Maier's experience includes the economic analysis of the requirement of affordable units within the context of market rate development. His work as Director of Development and Director of Mortgage Finance at the Housing Opportunities Commission in Montgomery Housing required pro forma analysis of both public and private sector residential developments for investment and loan underwriting purposes. These capabilities will enable the evaluation of the potential adjustment of the number of affordable units required by the Affordable Requirements Ordinance and the calculation of the in-lieu fee for the Affordable Housing Opportunity Fund. At IHI he has assisted jurisdictions with these types of economic analyses on a number of occasions including Baltimore's ordinance adoption, Saratoga Springs' ordinance consideration, and Annapolis's ordinance adoption. Page 7 of 16 Jaimie Ross Jaimie Ross is a public interest lawyer. The focus of her work is land use planning and finance for affordable housing, from policy to implementation. She has been the Affordable Housing Director at 1000 Friends of Florida, a statewide nonprofit smart growth organization, and president of the Florida Housing Coalition, a statewide nonprofit provider of affordable housing training and technical assistance for over 22 years. Prior to her current work, she was a land use and real property transactional attorney for five years with the law firm of Smathers, Pleus, Adams, Fassett&Divine, representing developers and lending institutions. She is nationally recognized for coalition and consensus building among unlikely allies, including home builders, the business community, Realtors, local governments, low income advocates and faith based organizations. Ms. Ross is credited with the successful campaign that resulted in passage of the William E. Sadowski Affordable Housing Act in 1992, providing the largest dedicated revenue source in the nation for state and local affordable housing trust funds. She has directly assisted many states, local governments, and the private sector in developing coalition building campaigns for affordable housing trust funds. On behalf of the Center for Community Change, she has assisted dozens of state and local campaigns. Ms. Ross also directly assisted individual state campaigns, including but not limited to Housing California and the North Carolina Housing Coalition. Ms. Ross' work includes all forms of legislative and administrative advocacy and education related to the planning and financing of affordable housing. With a grant from the Rockefeller Foundation, she created a Macro-media presentation on creating Balanced Residential Neighborhoods. This tutorial on best practices for inclusionary zoning was created after primary research throughout the nation, including but not limited to Davidson North Carolina, Aspen Colorado, Sacramento, Davis, and Irvine California, Santa Fe New Mexico, and the San Juan Islands. Ms. Ross has assisted a number of local governments throughout the nation with the development of their inclusionary policies at the request of national organizations, including but not limited to PolicyLink, The Urban Land Institute, and the Innovative Housing Institute. She has created model inclusionary housing ordinances and has provided her expertise to a number of local governments in developing and improving their inclusionary policies; she is currently providing professional consulting services to the Town of Jupiter as it develops its inclusionary zoning ordinance. Ms. Ross trains nationally and authors resources on the Not in My Backyard Syndrome. She authors the chapter on Avoiding and Overcoming NIMBYism each year for the National Low Income Housing Coalition's Advocates Resource Guide. Ms. Ross founded the Florida Community Land Trust Institute in 2000, and has assisted local governments and nonprofits in the development and implementation of community land trusts since that time. She is the past chair of the Affordable Housing Committee of the Florida Bar and was named a James Johnson Fannie Mae Fellow in recognition of her accomplishments. She has been part of the Innovative Housing Institute Team since 2005 and has reviewed Chicago's Affordable Housing Ordinance. Page 8 of 16 David Rusk "David Rusk is the hottest urban expert in the nation today," the Baltimore Sun commented in reviewing Baltimore Unbound. "Cities without Suburbs", the Congressional Quarterly wrote, "has virtually become the Bible of the regionalism movement." The Government Finance Review called Rusk's most recent book, Inside Game/Outside Game, "a must-read for all practicing local government officials, elected or appointed, working in a metropolitan area." Rusk combines strong analytical skills with practical political experience. He is a former federal official,New Mexico legislator (1975-77) and mayor of Albuquerque (1977-81), the USA's 36th largest city. Mr. Rusk, IHI Board member and consultant, is now an independent consultant on urban and suburban policy. His national consulting work frequently involves the consideration or recommendation of the adoption of inclusionary housing policy. His books, often used in graduate programs, highlight inclusionary housing policy. In addition to his own books, he has contributed chapters on Inclusionary zoning to about a dozen textbooks, trade books and publications edited by others. He was the keynote speaker at national conferences on IZ in 2003 (Bethesda MD), 2005 (Washington DC) and 2007 (San Francisco CA) and a major panelist in 2010 (Washington DC). Most recently Mr. Rusk researched and prepared about one-fifth of the amicus curiae brief supporting the city's IZ ordinance in California Building Industry Association v City of San Jose (2014). Mr. Rusk also has extensive experience in the Chicago region. He prepared a report entitled"De- Concentrating Poverty: CHA's Plan for Transformation" in 2000. The report concludes that "With CHA's current plans as a foundation and by implementing a region-wide, inclusionary zoning policy to require a very modest proportion of housing for low and moderate income families in all new subdivisions, within a generation there could be zero high-poverty neighborhoods." Mr. Rusk also collaborated with Professor Paul B. Fischer at the Department of Politics at Lake Forrest College on a study of "Affordable Housing in Chicago Region" Applying the Montgomery County Model and Beyond" that was funded by a grant from the MacArthur Foundation. Mr. Rusk also submitted written testimony to the Chicago City Council when the Inclusionary Zoning Ordinance was first enacted. Kelly Hunt Ms. Hunt brings a long history of affordable housing development and finance to the IHI team. She has directly contributed to the creation and/or purchase and rehabilitation of over 7,000 units of affordable housing using multiple funding sources including Low Income Housing Tax Page 9 of 16 Credits, Tax-exempt bonds, HOME, CDBG, historic tax credits, and many state and local specific funds across the Southwest and in Massachusetts. Because Ms. Hunt has hands-on experience with the complexities of both real estate finance and construction, she understands the frustrations developers experience when attempting to integrate affordable units into a market-rate development. She will be able to assist in the distillation of concerns the development community has with the ARO as well as navigate the line between effective public policy without discouraging real estate development. Project Team Specific Assignments Patrick Maier—Team Leader Mr. Maier will serve as Project Team Leader and primary point of contact for the City. He will use his many years of experience in this arena to develop a specific timeline for deliverables in accordance with execution of a final contract, coordinate and moderate all public participation meetings, review all pertinent documents provided by the City as well as research conducted by Team Members, prepare specific recommendations for the City, review and edit all reports created by Team Members, and officially present the final report to the City Commission. Kelly Hunt—Alternate Team Leader Ms. Hunt will serve as Mr. Maier primary support for this project. She will be responsible for participating in all project meetings, maintaining all documentation produced, recording and distilling all public input, reviewing current program policies and procedures and providing recommendations to the group, drafting all reports for consideration by the City and editing them according to directions from Mr. Maier as well as all other duties assigned as the project moves forward. Jaimie Ross—Team Support Ms. Ross will serve an important supporting role on the Project Team. She will be responsible for reviewing all documents and reports and work with Mr. Maier and Ms. Hunt to develop a set of recommendations specific to the needs of the Bozeman community. Mr. Ross will not participate in meetings with the City unless specifically needed in connection with a particular aspect of the program. David Rusk—Team Support As with Ms. Ross, Mr. Rusk's role will be supporting the Project Team. In addition to review and recommendations, Mr. Rusk will assist in the study of the impact and effectiveness of the current programs and policies. He will also participate in meetings with the City only when specifically needed in connection with a particular aspect of the program. Page 10 of 16 References Name of Agency City of Chicago Department of Planning&Development Contact Information Kara Breems Project Manager, Department of Planning &Development/ Executive Director/Chicago Community Land Trust 121 N. LaSalle Street, Room 1006 Chicago, IL 60602 312-744-6746 Kara.Breems@cityofchicago.org Population of Jurisdiction 2,700,000 Number of Employees 35,570 Project Dates 7/2014— 11/2014 Brief Summary of Project The City of Chicago is in the first year of its "Bouncing Back: A Five Year Housing Plan" developed by the City's Department of Planning and Development (DPD). One requirement of this new plan is the convening of a committee to consider updates to the City's Inclusionary Housing Ordinance, the Affordable Requirements Ordinance (ARO). As part of this process, the Mayor's Office has tasked DPD with improving the ARO so that it adds affordable housing in high growth neighborhoods where affordable supply is minimal, generates revenue for the Affordable Housing Opportunity Fund, and adds 1,000 new affordable units to the city's inventory over the next five years. DPD engaged IHI to oversee the committee process, provide program and financial feasibility analyses, and assist with the drafting of an inclusionary zoning ordinance to be presented to the Mayor. Name of Agency Baltimore Metropolitan Council (Client) Contact Information Dan Pontious Housing Policy Coordinator 1500 Whetstone Way Baltimore, MD 21230 410-732-0500, ext. 1055 dpontious@baltometro.org Population of Jurisdiction Baltimore Metropolitan Area- 2.66 million Number of Employees 37 Project Dates 4/2013-11/2014 Brief Summary of Project IHI led this multi-year effort to create a Regional Housing Plan and Fair Housing Equity Assessment. The Plan, in the spirit of the Opportunity Collaborative, was created through an effort that drew on the capabilities and experience of a diverse group of housing experts, local and state government officials, non-governmental organizations, and civic and religious leaders. With the guidance of the Baltimore Metropolitan Council and under the leadership of the Innovative Housing Institute, three organizations carried out much of the research that underpins the Plan: BAE Urban Economics; the Jacob France Institute at the Merrick School of Business, University of Baltimore; and the Housing Strategies Group of the National Center for Smart Growth at the University of Maryland. Page 11 of 16 Name of Agency Arundel Community Development Services, Inc. Contact Information Kathleen M. Koch Executive Director Arundel Community Development Services, Inc. 2666 Riva Road, Suite 210 Annapolis, MD 21401 410-222-7600, ext. 110 KKoch@ACDSINC.org Population of Jurisdiction New Castle County, DE—549,684 Number of Employees 100+ Project Dates 07/2014— 10/2014 Brief Summary of Project The New Castle County, Delaware government requested an evaluation of the housing needs in the current market, a review of the requirements of the County's suspended Workforce Housing Ordinance, a comprehensive study of zoning requirements and benefits to developers, and production of a comprehensive report that included recommendations for reinstituting an improved workforce housing program. Page 12 of 16 Cost The IHI team has thoroughly reviewed the proposed Scope of Services and compared it to previous comparable contracts, estimated the number of hours that will be required to perform the services described, researched the expenses associated with travel to Bozeman, and have calculated the cost of successfully completing the contract to be $59,750. Our proposal fee and payment schedule are: Review and assessment of the City's currently suspended Workforce Housing Ordinance (WFH) Patrick Maier 20 hours $3,500 Jaimie Ross 5 hours $ 875 David Rusk 5 hours $1,000 Kelly Hunt 20 hours $2500 Total $7,875 Review and assessment of the City's Planned Unit Development Ordinance with regard to points awarded for affordable housing. Patrick Maier 10 hours $1,750 Jaimie Ross 3 hours $ 525 David Rusk 3 hours $ 600 Kelly Hunt 15 hours $1,875 Total $4,750 Provided recommendations regarding the efficacy of the WFH ordinance and PUD ordinance. Patrick Maier 30 hours $ 5,250 Jaimie Ross David Rusk 5 hours $ 1,000 Kelly Hunt 30 hours $ 3,750 Total $10,000 Payment of$22,625 for first three phases dues November 30, 2014 Provide recommendations on the appropriateness of an Inclusionary Zoning program. Patrick Maier 30 hours $ 5,250 Jaimie Ross 5 hours $ 875 David Rusk 5 hours $ 1,000 Kelly Hunt 30 hours $ 3,750 Total $10,875 Provide alternatives to current City policy. Patrick Maier 40 hours $ 7,000 Jaimie Ross 5 hours $ 875 Page 13 of 16 David Rusk Kelly Hunt 20 hours $2,500 Total $10,375 Analyze affordable housing outcomes associated with recommended policies. Patrick Maier 30 hours $ 5,250 Jaimie Ross 5 hours $ 875 David Rusk 5 hours $ 1,000 Kelly Hunt 30 hours $ 3,750 Total $10,875 Payment for$32,125 three phases due on February 9,2015/Commission Presentation Total Project Team Budget $54,750 Total Expense Budget(not to exceed) $ 5,000 Expense receipts will be submitted along with invoices for two payment installments. Total Project Budget $59,250 Page 14 of 16 Outlines of Services IHI has assembled a team that is prepared to begin this project immediately upon award of the contract. Based on information provided in the Request for Proposals, IHI's plans for executing this project include: Organization and Coordination of the Strategy and Timeline: IHI will schedule a teleconference with City staff immediately upon award of the contract in order to finalize the process, meetings schedule, and identify information to be provided by the City. If the contract is executed according to the timeline provided in the RFP, this meeting would take place the week of October 27, 2014. Weekly teleconference meetings will be held to ensure the process remains in line with the City's goals and in accordance with the approved timeline. Information Gathering and Public Participation IHI will review and assess the City's Workforce Housing Ordinance 1710 and Planned Unit Development Ordinance as it pertains to affordable housing. Assessment of these policies will include evaluation of their impact and effectiveness on the housing needs of the community. In cooperation with City staff, IHI will schedule and coordinate Public Participation meetings to solicit input from stakeholders. IHI will moderate these meetings and provide the City with comprehensive reports on results of those meetings. In addition, IHI recommends advertising a Public Comment period so that stakeholders unable to attend may participate in the process. IHI recommends hosting meetings on two separate dates. Multiple meetings can be held on each date if needed. These meetings and the Public Comment Period should be executed in November, but no later than the first week of December. Finalization of Public Participation Data and Preparation of Final Recommendations Upon delivery of the Public Participation Report to City staff (within one week of the final meeting and/or end of the Public Comment Period), the IHI team will also deliver to the City an assessment of the Ordinances. The assessment report, Public Participation Report, and City staff input will provide the basis for a draft report that will include IHI's recommendations for an inclusionary housing policy, improvements and/or alternatives to the City's current affordable housing programs, and projected affordable housing outcomes associated with IHI's recommendations. This draft report will be delivered to the City no later than January 9, 2015. City Review and Input of Draft Report IHI and City staff will review and discuss the Draft Report. When City staff is satisfied with the final report and recommendations, IHI's team of experienced affordable experts produce the required hard copies and pdf formatted documents to the City. The review and final production will occur between January 9 and January 23, 2015 Page 15 of 16 Presentation to City Commission On February 9, 2015 will formally present the Report to the City Commission for consideration. This presentation will include a professionally produced Power Point display and will include IHI's evaluation of the current housing needs, review of the Ordinances, and recommendations for increasing the affordable housing supply for the Bozeman community. Page 16 of 16 *THIS DOCUMENT MUST BE COMPLETED, EXECUTED AND SUBMITTED WITH THE PROPOSAL FORM* THE REPRESENTATIVES MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY NO PROPOSAL IS VALID UNLESS SUBMITTED ON THIS FORM AND SIGNED BY AUTHORIZED AGENT FOR YOUR COMPANY. SUBMITTED BY: COMPANY NAME: Innovative Housinq Institute ADDRESS: 22 Light Street Suite 300 CITY: Baltimore STATE: MD zip: 21202 TELEPHONE: (410)332-9912 EMAIL: maier ihiusa.or SIGNATURE: (A oriied Agent) Patrick Maier NAME: (Please Print) TITLE: Executive Director DATE: October 10, 2014 NOTE: If proposer is a corporation, the legal name of the corporation shall be set forth above, together with the signature of authorized officers or agents;if bidder is a partnership,the true name of the firm shall be set forth above, together with the signature of the partnership;and if bidder is an individual, his signature shall be placed above. Request for Proposals for Professional SerAces FY 2014—FY 2015 9of19 c>8� 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, Patrick Maier IHI 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 the day of 201j 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise,the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in a 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. S. 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 vAth 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 Professional Services Agreement FY 2014—FY 2015 Page 10 of 20 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 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 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. 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 Professional Services Agreement FY 2014—FY 2015 Page 11 of 20 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 an 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 indemnities'which would otherwise exist as to such indemnities'. 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 indemnity 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 indemnity 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 indemnity 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. Professional Services Agreement FY 2014—FY 2015 Page 12 of 20 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; $2,000,000 annual aggregate; and • Professional Liability-$1,000,000 per claim;$2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor's receipt of notice that any required insurance coverage will be terminated or Contractor's decision to terminate any required insurance coverage for any reason. The City must approve al► 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"). Professional services Agreement FY 2014—FY 2015 Page 13 of 20 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 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. 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 Professional Services Agreement FY 2014—FY 2015 Page 14 of 20 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 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 (insert job title) 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 Patrick Maier 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. Professional Services Agreement FY 2014—FY 2015 Page 15 of 20 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 while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. _Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. Professional Services Agreement FY 2014—FY 2015 Page 16 of 20 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. 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. Professional Services Agreement FY 2014—FY 2015 Page 17 of 20 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. Inte-gration: 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. **** END OF AGREEMENT EXCEPT FOR SIGNATURES Professional Services Agreement FY 2014—FY 2015 Page 19 of 20 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA Innovative Housing Institute CONTRACTOR(Type Name Above) BY By Chris Kukulski,City Manager Print Name: Patrick Maier Print Title: Executive Director APPROVED AS TO FORM: By Greg Sullivan, Bozeman City Attorney Statement of Non-discrimination —Attachment B Professional services Agreement FY 2014—FY 2A15 Page 19 of 20 Each entity shall include a provision requiring submitting entity to affirm 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 recognizing the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment or proposer's employees and to all subcontracts. Innovative Housing Institute (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 recognizing the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment or bidder's employees and to all subcontracts. Patrick Maier Executive Director Name and title of person authorized to sign on behalf of submitter Professional Services Agreement FY 2014—FY 2015 Page ZO of 20