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HomeMy WebLinkAbout14- Community Development Services 4,0-c-.....0z.,t3 wt. /r�� t \,,,... ft •r IN } PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this I day of ( obttZ, 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. Scone 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 I 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 Professional Services Agreement for Tax Increment Finance District Expansion FY2014-FY2015 Page 1 of 11 additional costs above the Agreement amount will he 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 pant 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, Iibel, 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 hinder 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 Professional Services Agreement for Tax Increment Finance District Expansion FY2014 FY2015 Page 2 of 11 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. Indemnitv/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). Professional Services Agreement for Tax Increment Finance District Expansion FY2014-FY 2015 Page 3 of 11 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; Professional Services Agreement for Tax Increment Finance District Expansion FY 2014 -FY2015 Page 4 of 11 • 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 aunrove all insurance coverage and endorsements orior 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 he 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 Citv's Convenience/Contractor Termination: a. Should conditions arise which, in the sole opinion and discretion of the City, Professional Services Agreement for Tax Increment Finance District Expansion FY2014-FY20I5 Page 5 of 11 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. Professional Services Agreement for Tax Increment Finance District Expansion FY2014—FY 2015 Page 6 of 11 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. Renresentatives: 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. Professional Services Agreement for Tax Increment Finance District Expansion FY2014—FY2015 Page 7 of 11 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 (OSTIA), 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 Professional Services Agreement for Tax Increment Finance District Expansion FY2014 FY2015 Page 8 of 11 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. Professional Services Agreement for Tax Increment Finance District Expansion FY2014 FY2015 Page 9 of 11 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 31 s`,2016. Professional Services Agreement for Tax Increment Finance District Expansion FY2014—FY 2015 Page 10 of 11 **** 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 Community Development Services of Montana , , CONTRACTOR(Type Name Above) By C.C2, A 2 By G��� G�lt� /Z ) ' Chris Kukulski,City Manager Print Name: uf4'6''hrS ly Print Title: zi,Welpt7;7Crpez APPROVED AS TO FORM: By 4, sr/ Greg ivan,Bozeman City Attorney Professional Services Agreement for Tax Increment Finance District Expansion 1-'2"2014--FY 2015 Page 11 of 11 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 ra::;nunr. ro the Proresswnai Services Arreentent between the City of Bozeman and CDS of Montana 1 • 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 Attachment A to the Professional Services Agreement between the Can of Bozeman and ChS of Montana 2 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) 1. 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 PIan 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 31s'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 Attachment A to the Prc)tessurnal Sen ices Agreement between the Cm-of Bozeman and CDS ut Montana 3 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. .rtacn mflt A to the Professional Sen Ices Airecmcnt between the Lim of Boa man and(,DS ut Montana 4