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HomeMy WebLinkAbout15- KLJ for Professional Services related to Neighborhood Conservation Overlay DistrictPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is Made and entered into this A- day of 2015, 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, KU, with a mailing address of 1982 Stadium Drive, Ste.3, Bozeman, MT 59715, 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 31St day of October, 2015. 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 (Attachment A). Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor's Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and Professional Services Agreement FY 2014 — FY 2015 Page 1 of 10 ability 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 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), Professional Services Agreement FY 2014 — FY 2015 Page 2 of 10 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 3 of 10 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 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"). Professional Services Agreement FY 2014 — FY 2015 Page 4 of 10 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 5 of 10 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 Wendy Thomas, Community 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 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 J o h n H o w 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 6 of 10 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. 1S. 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 7 of 10 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 8 of 10 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third -Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third -party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Professional Services Agreement FY 2014 — FY 2015 Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA Chris Kukulski, City Manager APPROVED AS TO FORM: By Greg Sullivan, dozeman City Attorney KU CONTRACTOR (Type Name Above) By Z �Z Print Name: Print Title• Professional Services Agreement FY 2014 — FY 2015 Page 10 of 10 Scope of Services — Attachment A KU will conduct the following tasks as outlined in their response to the RFP for Professional Services for an Evaluation of Bozeman's Neighborhood Conservation Overlay District and its Effect on Affordable Housing, Urban Renewal, Historic Preservation and Residential Infill. Task 1— Proiect Initiation and Management 1.1 Kick-off Meeting The kick-off meeting will finalize the project schedule, confirmation of work sessions and public meetings, stakeholder interview list and the list of similar cities with successful historic preservation districts. The meeting will also confirm the results of the recent rental housing survey as well as the database used to inventory historic structures. This meeting will initiate the monthly invoice and memos. It is understood that all documents developed by KU's team will be provided to the City's designated representative at least 7 days before a public meeting and 14 days before a public hearing. 1.2 Project Management KU's project manager, John How, will schedule weekly updates with City staff and will prepare monthly invoices with payment schedules attached. KU will also plan to attend a maximum of two meetings for the each group including the zoning commission, city commission, the Community Affordable Housing Board (CAHAB) and one meeting with Bozeman Historic Preservation Advisory Board (BHPAB). 1.3 Public Meeting Schedule and Community Outreach A preliminary schedule of proposed public meeting dates and milestones is provided. 3/26/15 Kick-off meeting with City Staff; scope due as Attachment A 4/6/15 City Council consent for Contract Services with KU; due 3/26/15 for CC packets 4/14/15 First public meeting (City Hall Commission room) 4/23/15 Preservation Board meeting 5/14/15 Intra Neighborhood Council meeting 5/28/15 Second public meeting (Location TBD) 7/10/15 Draft report due to City Staff for initial review 7/31/15 Revised changes due back to KU from City Staff 8/18/15 Revised report due to Planning Board/Zoning Commission 8/27/15 Third public meeting (Location TBD) 8/27/15 Revised report due to BHPAB 9/4/15 All revisions due to KU for final editing 9/16/15 Final report due to City Staff for CC packet distribution 9/28/15 Presentation to City Commission on final recommendations 10/30/15 Project close out The first public meeting is designed to provide an understanding of the project background, scope, timeline and anticipated project deliverables. It is anticipated this meeting will be held in conjunction with a regularly -scheduled BHPAB or CAHAB meeting. Rental Housing Survey results will be presented at the first public meeting if available. If the results are not readily available prior to three weeks to the meeting date, the results will be presented at the second meeting. KU will hold two additional public input meetings (for a total of three meetings) throughout the process and may combine public input meetings with scheduled zoning commission meetings. Input on what 15 regulations/codes need to be revised will be collected at the second meeting. The third meeting will outline proposed changes to design guidelines, development standards and NCOD regulations that City staff deem appropriate. A public hearing to the City Commission regarding the evaluation of NCOD and proposed changes to UDC will occur as the final step before project closeout. Items associated with this task also include initial community outreach elements such as establishment of media protocols and announcements. All project schedules and documents will be available on the City's website. City staff is responsible for reserving all meeting rooms for meetings and sending out notices to appropriate media outlets. KU is responsible for preparing all media notices. Task 2 — Review Existing Documents, Historic Inventory, Census Data and Rental Housing Survey 2.1 On-site Evaluation of NCOD KU will coordinate with City staff for the on-site evaluation of neighborhoods within NCOD and identify best practices for attached and detached ADUs during a one -day tour. Our team will also take pictures of ideal design elements and infill projects within NCOD as potential examples to include in our NCOD evaluation. 2.2 Regulation Review KLJ will review existing NCOD residential districts and related standards as identified in Chapter 38 of the UDC. We will review staff files of approximately 20 infill projects and ADUs as well as review NCOD census trends and historic inventory data. The data will be used to prepare an evaluation of NCOD and will list items that have worked and those that hindered properties. We will objectively evaluate whether NCOD is working to achieve its original goals and whether NCOD should continue as is, move forward with modifications or cease altogether. 2.3 Review of City of Bozeman Rental Housing Study Results KLJ will review the recently -completed Bozeman Rental Housing Survey and coordinate with staff on other issues causing affordability to move outward from NCOD including data from the National Realtors Association and other documents from a literature review. KU will compile up to three different literature review articles on affordability in historic preservation districts for analysis. 2.4 GIS Analysis of Vacant Properties in NCOD KU will conduct an infill analysis of a portion of vacant properties within the NCOD. KU will require access to City of Bozeman GIS files for preparing such analysis and related property tax and valuation information. A GIS map will be created showing the properties where the land is more valuable than the structure that occupies the parcel as well as all vacant parcels within the NCOD and their associated costs. It should be noted that not all properties will be mapped within the NCOD unless the City of Bozeman has complete GIS files. 2.5 Census Data and Property Value Research KU will utilize US Census data and ACS data to analyze housing trends within the NCOD. We will also utilize information obtained from the National Association of Realtors, SWMBIA and Gallatin Association of Realtors on housing and property valuation within the NCOD. A preliminary analysis will be prepared on housing valuations and compared against the recent results of the City's Housing Affordability Study. Task 3 — Best Practices and Code Revisions 3.1 Best Practices — Comparable Communities KU will review historic preservation and conservation overlay district regulations used in three (3) 16 comparable communities. These may include incentive-driven regulations (e.g. density bonus) for certain design elements used, a simpler COA process, inclusionary housing regulations (with multiple levels), design characteristics and commonalities of character usually associated with formally recognized districts, streetscape and massing elements (setbacks, landscaping, lot coverage) Three best practice communities will be evaluated. Wherever practicable, local governments using the best practices will be contacted directly, and a summary of best practices and pitfalls for administering a historic district that encourages infill development will be provided. 3.2 Best Practice Evaluation KU will test the performance of the best practice prototypes identified in 3.1, including the City of Bozeman's current regulations. Prior to Task 3.1, KU will meet with the City to confirm which practices will be tested for applicability within NCOD. The results will be screened for a number of factors including the ability to incentivize preservation of historic structures or renovations of deteriorating homes, the simplicity or complication of the review, ease of implementation/enforcement and potential to increase affordable housing. 3.3 Code Revisions KU will compile a list of all proposed changes to UDC that will impact design guidelines, development standards and incentives to stimulate infill redevelopment. Possible revisions include setback and Federal Acquisition Regulation (FAR) standards, building heights, material selection, streetscape/la ndscaping elements and neighborhood characteristics (steeple roofs, front porches, cobbled front-door sidewalks and front yard fencing). The proposed changes will be formatted to fit into UDC, Chapter 38, Article 16. We expect multiple drafts to be reviewed by the City to make sure our team has captured all relevant changes to be incorporated into UDC. 3.4 Illustrative Examples KU's team will prepare illustrative examples via photos or drawings of successful projects and implementation measures. We will prioritize examples from Bozeman followed by similar communities in the Mountain West region. Our team will also update the historic buildings inventory forms and related application materials including COA documents to make sure City staff are capturing information from property owners and contractors on the intent of new code revisions. Illustrative examples will be photos and computer generated drawings. Task 4 — Findings and Draft Report 4.1 Draft Report The draft report will provide recommendations regarding NCOD's effectiveness, what alternatives might exist for improving NCOD or striking it from UDC and recommended code changes and review procedures that should be implemented if NCOD is to continue. The draft report will also contain relevant changes for reviewing and processing infill and ADUs depending upon the zoning district, property attributes and permitting processes (COA, by right, conditional uses). KU will prepare an update to the historic inventory as well as include the mapping data from Task 2. Once complete, KU will work with City staff to present the draft report for public review to the Historic Preservation Board regarding the proposed code changes and implementation of the NCOD. Upon input, KU will summarize comments and prepare a final document for approval. We will also provide recommendations on alternatives to existing and potentially new or revised regulations and policies addressing provision of affordable housing in NCOD. 17 Task 5 — Final Report 5.1 Final Report The final report will reflect input received during Task 4 and will be presented at one public meeting before the City Commission. The public will be notified of the meeting and have access to related documents through the City's website. Media outlets will be notified well in advance. 5.2 Final Report Changes Any changes made during the final public hearing will be incorporated into the document, and the Final Report will be delivered to the City by October 30, 2015. Deliverables The KU team acknowledges that two hard copies and a PDF version of all preliminary and final drafts will be provided to City planning staff, that all documents will be provided at least 14 working days prior to any public hearing or meetings with the City Commission in an electronic format approved by the City; and that all work submitted will become property of the City of Bozeman. Statement of Non-discrimination — Attachment B 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. KU 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. Name and title of person authorized to sign on behalf ofssubmitter