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City of Missoula, Montana Request for Proposals for Missoula Municipal Code Codification Services

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City of Missoula, Montana

Request for Proposals

for

Missoula Municipal Code Codification Services

City of Missoula Request for Proposals Codification Services

Page 2

Table of Contents

Contents Section 1: General Information ................................................................................................................. 3

RFP Schedule ........................................................................................................................................... 3

Section 2: Project Objectives ................................................................................................................... 3

Section 3: Scope of Work .......................................................................................................................... 3

Introduction and Scope of Project ............................................................................................................. 3

Background ............................................................................................................................................... 4

Section 4. Proposal Contents/Requirements .......................................................................................... 4

Letter of Introduction .................................................................................................................................. 4

Additional Information ................................................................................................................................ 4

Section 5: Information for Suppliers ...................................................................................................... 14

Disclaimer ................................................................................................................................................ 14

Instructions to Proposers ......................................................................................................................... 14

Proposal Modifications ............................................................................................................................ 14

Certification of Alteration or Erasure ....................................................................................................... 14

Signature ................................................................................................................................................. 14

Withdrawal of Proposals .......................................................................................................................... 14

Quote Valid .............................................................................................................................................. 14

Certification .............................................................................................................................................. 15

Insurance Requirements ......................................................................................................................... 15

RFP Submission ...................................................................................................................................... 15

Service Provider Responsible for Proposal Costs .................................................................................. 15

Questions................................................................................................................................................. 15

Section 6: RFP Evaluation and Selection Processes ........................................................................... 15

Phase 1: Initial Review ........................................................................................................................... 15

Phase 2: Evaluation ................................................................................................................................ 15

Phase 3: Webinar Evaluation ................................................................................................................. 15

Phase 4 Cost Competitiveness and Selection ........................................................................................ 16

Attachment A--Standard Terms and Conditions ................................................................................... 17

Attachment B--Pricing Requirements ..................................................................................................... 20

Attachment C—Sample ordinance .......................................................................................................... 21

Attachment D--Conditions and Non-Collusion Form ............................................................................ 37

Attachment E--Intent to Respond Form .................................................................................................. 38

City of Missoula Request for Proposals Codification Services

Page 3

Section 1: General Information

RFP Schedule Item Date/Time

RFP Release December 28, 2015

Intent to respond form due January 6, 2016

RFP Due to the City by January 15, 2016 @ 5 p.m. (Mountain time)

Webinar demonstrations with selected service providers

January 20-21, 2016

Announcement of Award January 22, 2016

Anticipated Contract Agreement approval February 1, 2016

Implementation deadline for Title 20 No later than March 15, 2016

All service providers must respond to each element of this RFP in order to be considered for a contract award. Five hard copies of the proposal and one electronic copy should be mailed or delivered to the address below by January 15, 2016, at 5 p.m. Mountain Time. Send completed RFP responses to:

Marty Rehbein, CMC, City Clerk City Clerk Office City of Missoula 435 Ryman St. Missoula, MT 59802 [email protected]

Section 2: Project Objectives This RFP is issued by City of Missoula for the purpose of obtaining the services of an experienced firm to maintain and publish Missoula Municipal Code (MMC). It is the intent of the City of Missoula to review and assess the RFP responses to determine if the response from providers can meet the needs of the City of Missoula. Service providers are expected to provide their best and most competitive proposal.

Section 3: Scope of Work

Introduction and Scope of Project The City of Missoula (“City”) is seeking the services of an experienced Software-as-a-Service (SaaS) provider for codification and publication, code analysis and review, supplement services, electronic publishing, web hosting services, and the ability to expand to mobile technology for Missoula Municipal Code (MMC). The primary goal of this system is to streamline processes in order to make information available to internal users and the general public in a consistent manner.

City of Missoula Request for Proposals Codification Services

Page 4

Background The City currently codifies and publishes MMC in house. The City adopted, on average, 16 ordinances per year, from 2010 to 2014, that required codification. The City intends to initially codify our zoning code, Title 20, with the selected service provider and to bring other Missoula Municipal Code titles online with the successful service provider over the course of 2016-2017. An additional optional project is to update the annotations for the City’s former zoning code (repealed Title 19.) The project entails adding the ordinance numbers and year adopted for each affected section in Title 19. There are 9 ordinances which were adopted between 2004 and 2009 when Title 19 was repealed and Title 20 was established. Planning staff use the repealed code to research non-conforming zoning uses.

Section 4. Proposal Contents/Requirements Please include the following information in your proposal:

Letter of Introduction Please include a letter of introduction including:

1. Company name 2. Address 3. Contact Name 4. Contact Phone 5. Contact E-mail 6. Company website 7. How many facilities/locations do you have in the United States? 8. How many codes does your company currently host? How many codes does your company

host for cities with a population of 50,000+? 9. How many years has your company been doing business under this name? 10. How many full time employees does your company employ? Please attach a bio of the

employee(s) who will be assigned to our project. Please include the resume of the person who will be the project manager assigned to oversee this project at the City of Missoula including their number of years with your company, their education and qualifications that relate to this project, and the number, type and location of similar projects this person has successfully implemented.

11. Please provide a list of at least five customer references that demonstrate your company’s capabilities to meet the requirements listed in this RFP. Please attach a document with all contact information for your references. The list should include customers who meet the following criteria: a. Two new customers (started doing business with them in the past 12 months) b. Two retained customers (they have been customers for at least 2 years) c. One former customer (contract terminated in the past 2 years.)

12. Please provide a statement that affirms your company can meet the City of Missoula’s minimum insurance requirements defined in Section 5. Information for Suppliers.

13. Please provide a statement that your company can meet the City of Missoula’s Standard Terms and Conditions included as an attachment in this RFP. These terms and conditions will be part of any contract with the City of Missoula.

Additional Information

14. A certificate of insurance must be provided prior to signing the contract, commencing on the day the contract begins. Are you willing to comply with this requirement?

15. You must instruct your insurance broker/carrier to notify the City of Missoula should your coverage change. Are you willing to do this?

16. Are there any settled or active lawsuits against your company by current or former clients? 17. If necessary, does your proposal include all costs associated with providing any on-site

services?

City of Missoula Request for Proposals Codification Services

Page 5

18. Provide a detailed project work plan describing your approach to managing and coordinating this project. This description should include project tasks and phases with a tentative schedule.

19. Describe in detail your company’s experience working with Software-as-a-Service (SaaS) solutions for codification and publication of municipal codes.

20. Please answer the following questions about your hosting facility: a. Where will our code be hosted? b. In the past year (2015), what was the uptime percentage for your hosting facility? c. What is your company’s uptime guarantee?

i. Do you provide billing credit if this service level is not achieved? d. Do you actively monitor the status of the hosting facility? e. Do you provide notice to customers concerning planned outages and/or status updates if

the hosting facility goes down unexpectedly? f. What security, redundancy and backup measures are in place to protect our code from

hackers, natural disasters, and system, internet and power outages? g. Has your hosting facility ever experienced a security breach?

i. What customer notification protocols do you have in place in the event of a security breach?

h. Does your company plan to make changes your hosting facility in the next year? If so, why?

21. Describe in detail the service your company offers with respect to code analysis and review, supplement services, electronic publishing, and web hosting services.

22. Describe in detail your company’s ability to expand to mobile technology. a. What mobile platforms do you support? b. What functions are available for customers using mobile devices?

23. Please describe any integration projects your company has done with any of the following product suites: Onbase/SIRE, Accela Automation, ESRI, New World systems, JustWare or Full Court. Please describe the project, the customer and their contact information.

24. Please describe the process for submitting ordinances to your company. 25. Please describe your customer service response process.

a. What is your turn around time for contacting customers requiring assistance? b. What is your turn around time for citizens requesting copies of code?

26. Please describe how you manage user access to your site. a. Do you use cookies in the browser? b. Do you require a username and password to access user accounts? If so, in the event

that a customer loses this information, can a user recover his/her own username and password without contacting City staff or the service provider?

27. Do you provide information, statistics or reports about use of the site? If so, what information is provided in these reports? Please include a sample in your proposal.

Requirements: The MMC is approximately 875 pages. The MMC is published on an 8 ½” x 11”, double sided, paper with one column. A full electronic version of the MMC may be viewed online at: http://www.ci.missoula.mt.us/268/City-Laws-Regulations. Please indicate if your proposed service complies or does not comply with each of the following requirements. If your service meets the requirement, please provide a description of the service and how it complies.

City of Missoula Request for Proposals Codification Services

Page 6

Number Requirements Complies Does not

comply

Service provider description of service provided that meets this requirement (attach additional

sheet if necessary)

1 Codification Services: New ordinances are codified into titles by related subject matter, and within each title into chapters, sections, and such further subdivisions as necessary to express clearly the individual requirements of each ordinance. Titles and chapters must be maintained in a consistent format. Generally the City drafts ordinances specifying where each section is to be codified in municipal code. Codification instructions are frequently included in ordinances.

2 Formatting existing code: Codifier will ensure each title in the existing Missoula code is consistently formatted in a legible font. Paper copies of the code and supplements shall include sequential page numbers. Paper copies of the City’s zoning code--Title 20 and all supplements shall have a page numbering structure that lists the chapter number and the pages shall be numbered sequentially in each chapter beginning at page 1 and shall include a header listing the chapter number and the first section on the page. The printed version of Title 20 shall have its own index.

City of Missoula Request for Proposals Codification Services

Page 7

Number Requirements Complies Does not

comply

Service provider description of service provided that meets this requirement (attach additional

sheet if necessary)

3 Complete Set of the code: Once all titles have been submitted to the provider, one complete paper copy of the code will be provided to the City in a binder with labeled tabs for each title. For each additional copy ordered by the city, the vendor shall supply set of labeled tabs for each title.

4 Printing and Binding: All Supplements and any copies of the entire code are to be printed on both sides of each page and are to be punched so they can be placed in standard three-hole binders.

5 Proofreading: The codifier shall proofread all ordinances for accuracy. The codifier is responsible for the typographical correctness of the code. Wording errors which are discovered after delivery of Municipal code or supplements shall be corrected on the next supplement date.

6 Corrections: Any changes made in ordinance text by the codifier shall first be approved by the City. The codifier shall submit a list of proposed corrections with an explanation as to why the codifier believes the correction is necessary

City of Missoula Request for Proposals Codification Services

Page 8

Number Requirements Complies Does not

comply

Service provider description of service provided that meets this requirement (attach additional

sheet if necessary)

7 List of Ordinances not yet codified/Highlight of newly codified content: The codifier will maintain the list of ordinances that it has received but has not yet incorporated into the code. It is desirable if the codifier can show this information in the chapters of the code which have a pending ordinance to be codified so our customers will be aware of changes that haven’t yet been incorporated into the section they are reading. Once the ordinances are incorporated into the code, the codifier should have a function to show where the new content has been added.

8 Ordinance links: As amendments are made to the code, the codifier will include a link to the ordinance that amends each section of the code to make researching easy for our customers.

9 Compare feature: The codifier should have a compare feature to allow staff and our customers the ability to compare the differences in code language between supplements

City of Missoula Request for Proposals Codification Services

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Number Requirements Complies Does not

comply

Service provider description of service provided that meets this requirement (attach additional

sheet if necessary)

10 Supplements: Supplements are to be integrated into the existing pages of the code. Paper supplements are to be replacements or additional code pages as appropriate, identical in format, style, paper, print, and punching to that of the existing code. Supplements shall be listed on the city’s code website and shall list the ordinances included in each supplement and the date of adoption. A link to each ordinance hosted by the codifier is highly desired.

11 Supplement pricing: The codifier will provide a cost summary for supplements delivered on a per ordinance, monthly, quarterly, semi-annual and yearly basis. The City will decide the frequency of updates as part of the contract process

12 Maps: When required, there should be links to maps that are to be printed and published to include changes made by ordinance

13 Cross references: Whenever there is a cross reference to another section of the code, there should be a hyperlink to that section and a preview of the section text should appear when a customer hovers over the cross reference hyperlink. If the cross reference is to a chapter or title, there should be a summary that displays when a customer hovers over the cross reference hyperlink that includes the text associated with the code reference.

City of Missoula Request for Proposals Codification Services

Page 10

Number Requirements Complies Does not

comply

Service provider description of service provided that meets this requirement (attach additional

sheet if necessary)

14 Defined term: Whenever there is a term that has been defined within a title, a preview of that defined term should appear when a customer hovers over the term with a hyperlink to the term wherever it appears in the title.

15 Links to statutory references: The codifier will link to Montana state statutes cited in the code

16 Notes feature: There should be a feature allowing a customer to add notes to various sections of code. It’s very desirable to be able to control security on notes so that a Zoning Officer opinion or Legal Opinion could be shown to other users, but personal notes are viewable only the person who created them.

17 Favorites feature: The codifier should provide a way that our customers can mark sections of municipal code they refer to often. Favorites should be viewable only to the person who created them.

18 Drafting feature: The codifier should provide a method city staff can use to easily draft new legislation based on current language in municipal code. The City prefers drafting ordinances using Microsoft Word.

19 Custom Banner: The codifier should provide space to show the city’s official logo and links to the City’s website

City of Missoula Request for Proposals Codification Services

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Number Requirements Complies Does not

comply

Service provider description of service provided that meets this requirement (attach additional

sheet if necessary)

20 Internet Access: The public is to have access to the Code on the Internet at no charge and should include the following features:

20 a Full Boolean searching capability, including use of adjacency and phrase searching. It’s desirable for search terms to be highlighted within the code when search results are displayed

20 b A Table of Contents retrieval option, allowing users to browse the code and retrieve documents by navigating title, chapter and section headings

20 c Full electronic availability of all graphics and tables in the code.

20 d Full usability of Internet site by standard browsing software with no additional plug-in or add-in software required (e.g., Adobe Acrobat.) Please indicate the browsers your solution supports and if there is a preferred browser, please note it in your proposal.

20 e Users must have the ability to copy and/or download code sections preferably in a Microsoft Word format that is formatted for easy editing and use in other documents.

20 f ADA compliance: The codifier will provide a way to turn off any frames-based views for better ADA access. Compliance with the accessibility provisions of Section 508 of the Rehabilitation Act (36 CFR part 1194.22.) is required.

City of Missoula Request for Proposals Codification Services

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Number Requirements Complies Does not

comply

Service provider description of service provided that meets this requirement (attach additional

sheet if necessary)

21 Mobile friendly browsing or application: The code format will have a user friendly interface and full searching capabilities. Please highlight any special features or applications your product has for mobile use and the mobile platforms and formats your company supports. Please describe any functionality that is not available to customers using your mobile friendly browser or application

22 Electronic Copy: The Service provider will provide the City with an electronic copy of the code every time a new supplement is issued in a format suitable for editing. It is highly desirable that the code be in a Microsoft Word document format. The electronic copy shall be provided at no additional cost to the City. The City has unrestricted rights to use and distribute the electronic copy of the Code for use by others.

23 Share/Email/Print/Download functionality: The codifier should include a feature to allow our customers to share, e-mail, print and/or download portions of the code. We’d prefer to have this functionality at the title, chapter and section level.

24 Sale to the Public: Paper copies of the code and paper supplements must be made available for sale to the public. The City desires to know what our customers will be charged for this service, so please include it in your proposal.

City of Missoula Request for Proposals Codification Services

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Number Requirements Complies Does not

comply

Service provider description of service provided that meets this requirement (attach additional

sheet if necessary)

25 Customer Training: The codifier should have online based training about how utilize the features available to customers using the online code. It is also very desirable that the codifier offers periodic webinar training demonstrating the functionality of the product to City employees

26 Employee Training: The service provider will provide an initial webinar based training to City staff on using the features of the code. Please indicate if your company provides periodic webinars and/or videos demonstrating how to use code features for employees.

City of Missoula Request for Proposals Codification Services

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Section 5: Information for Suppliers

Disclaimer This RFP does not form or constitute a contractual document. The City of Missoula is not liable for any loss, expense, damage or claim arising out of the advice given or not given or statements made or omitted in connection with this RFP. The City also will not be responsible for any expenses which may be incurred in the preparation of this RFP. The City reserves the right to reject any or all proposals and to determine which proposal is, in the City’s judgment, the lowest, most responsible proposal. The City also reserves the right to waive any informalities, irregularities, or minor deviations in any proposal and to delete certain items listed in the proposal if they will not meet the city's needs or budget requirements. Any objections to published specifications must be filed in written form with the City Clerk prior to the deadline for submittal of the RFP.

Instructions to Proposers Before submitting the proposals, the proposer shall:

1. Carefully examine the RFP as well as all other attached documents; 2. Fully inform yourself of the existing conditions and limitations; 3. Include with the proposal sufficient information to cover all items required in the RFP. 4. Use the format described in each section to submit your proposal and complete all forms. Attach

additional information, if necessary.

Proposal Modifications Modifications, additions or changes to the terms and conditions of this request for proposal by Proposer may be cause for rejection of the proposal. Proposals submitted in a format other than described may be rejected. No oral, telephone, e-mail proposals or modifications will be considered outside of the process prescribed in this RFP.

Certification of Alteration or Erasure A proposal shall be rejected should it contain any material alteration or erasure, unless, before the proposal is submitted each such alteration or erasure has been initialed in INK by the authorized agent signing the proposal.

Signature All proposals shall be typewritten or prepared in ink and must be signed in longhand by the proposer or proposer’s agent or designee, with his/her usual signature. A proposal submitted by a partnership must be signed with the partnership name to be followed by the signature and designation of the partner signing. Proposals by corporations must be signed with the legal name of the corporation, followed by the name and signature of an authorized agent or officer of the corporation. Proposals submitted by a proprietorship must be signed by the owner and the name of each person signing shall be typed or printed legibly below the signature.

Withdrawal of Proposals Proposers may withdraw their proposal either personally or by written request at any time prior to the due date set for receiving proposals. No proposal may be withdrawn or modified after the due date and time, unless and until the award of the contract is delayed for a period exceeding ninety (90) days.

Quote Valid The proposer must honor their quote for a period of ninety (90) days after the RFP due date.

City of Missoula Request for Proposals Codification Services

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Certification The proposer certifies that the proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. The proposer further certifies that the materials, products, services and/or goods offered herein meet all requirements and specifications and are equal in quality, value and performance with highest quality, nationally advertised brand and/or trade names.

Insurance Requirements The proposer certifies that it/they can comply with the City of Missoula minimum insurance requirements of commercial general liability insurance in the minimum amounts of $750,000 per claim and $1,500,000 per occurrence, with the City being named as an additional insured. The proposer will also be required to provide evidence of worker’s compensation insurance. Proof of insurance will be required in the contract with the successful service provider.

RFP Submission By submitting a response to this RFP, the supplier acknowledges that all information is accurate and complete.

Service provider Responsible for Proposal Costs The service provider shall be fully responsible for all proposal development and submission costs. The City does not assume any contractual obligation as a result of the issuance of this document, the preparation or submission of a proposal by a respondent, the evaluation of an accepted proposal, or the selection of any finalists.

Questions Questions regarding the Request for Proposal contents may be sent via e-mail to City Clerk, Marty Rehbein at mailto:[email protected] until 5 p.m. on January 13, 2016. The City of Missoula will make every effort to provide an email response within two (2) business days. Whenever responses to inquiries constitute a modification or addition to the original RFP, the reply will be made in the form of an addendum to the Request for Proposal, a copy of which will be forwarded via e-mail to all suppliers who have submitted an “Intent to Respond” form. Suppliers must submit their questions using the following format.

Supplier’s name, requester, and appropriate contact information

Clearly state the question

Include specific reference to the applicable section(s), page number(s), item number(s), etc.

Section 6: RFP Evaluation and Selection Processes

Phase 1: Initial Review Proposals received will undergo an initial review to determine:

City evaluation of compliance with RFP submittal instructions and deadlines.

Compliance with the City’s terms and conditions

Phase 2: Evaluation During this phase, the City will evaluate service provider’s responses to the items listed in Section 4. The top service providers whose proposals, in the opinion of the City, most closely meet the City’s requirements will move into Phase 3 of the selection process.

Phase 3: Webinar Evaluation The City will invite up to three service providers to conduct webinars with the City, and at no cost to the City, to discuss our current codification system and our specific needs for the project. Codifiers, who, in

City of Missoula Request for Proposals Codification Services

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the opinion of the City, are able to successfully demonstrate their ability to complete the Scope of the Work in Section 3, will move into Phase 4 of the selection process.

Phase 4 Cost Competitiveness and Selection During this phase, the City will consider the service provider’s qualifications as well as the pricing. The City will award a contract to the service provider who, in the judgment of city officials, best meets the City’s overall requirements at the most competitive price.

City of Missoula Request for Proposals Codification Services

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Attachment A--Standard Terms and Conditions 1. VALID BUSINESS LICENSE. The Contractor, subcontractors, sub grantees, and other firms doing

business with the City of Missoula or any agency connected with the City of Missoula must obtain or have a valid City of Missoula business license and must comply with applicable business regulation ordinances. The City pursuant to this Agreement shall make no payments until a valid City business license has been obtained. Contractor shall continue to retain a valid City business license during the term of this Agreement or the City has the right to withhold payments until the Contractor acquires a valid City business license.

2. NON-DISCRIMINATION. All hiring shall be on the basis of merit and qualification and there shall be no discrimination in employment on the basis race, ancestry, color, physical or mental disability, religion, national origin, sex, age, marital or familial status, creed, ex-offender status, physical condition, political belief, public assistance status or sexual orientation, gender identity or expression, except where these criteria are reasonable bona fide occupational qualifications.

3. AFFIRMATIVE ACTION POLICY. Contractors, subcontractors, sub grantees, and other firms doing

business with the City of Missoula must be in compliance with the City of Missoula's Affirmative Action Plan, and Title 49 Montana Codes Annotated, entitled "Human Rights" or forfeit the right to continue such business dealings. The City's Affirmative Action Policy Statement is:

The Mayor of the City of Missoula or the Mayor's designee may adopt an affirmative action plan to provide all persons equal opportunity for employment without regard to race, ancestry, color, handicap, religion, creed, national origin, sex, age, marital status, sexual orientation, gender identity or gender expression. In keeping with this commitment, we are assigning to all department heads and their staff the responsibility to actively facilitate equal employment opportunity for all present employees, applicants, and trainees. This responsibility shall include assurance that employment decisions are based on furthering the principle of equal employment opportunity by imposing only valid requirements for employment and assuring that all human resource actions are administered on the basis of job necessity.

Specific responsibility for developing, implementing, monitoring and reporting are assigned to the City Human Resources staff under the supervision and direction of the Central Services Director, Chief Administrative Officer and the Mayor.

It is the policy of the City of Missoula to eliminate any practice or procedure that discriminates illegally or has an adverse impact on an "affected" class. Equal opportunity shall be provided for all City employees during their terms of employment. All applicants for City employment shall be employed on the basis of their qualifications and abilities. The City of Missoula, where practical, shall utilize minority owned enterprises and shall ensure that subcontractors and vendors comply with this policy. Failure of subcontractors and vendors to comply with this policy statement shall jeopardize initial, continued, or renewed funds.

Our commitment is intended to promote equal opportunity in all employment practices and provide a positive program of affirmative action for the City of Missoula, its employees, program participants, trainees and applicants.

4. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA). Contractor shall comply

with any applicable provisions of the AMERICANS WITH DISABILITIES ACT with respect to the performance of this contract. Contractor shall incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: “Contractor will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the Contractor. In

City of Missoula Request for Proposals Codification Services

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the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the Contractor.”

5. EVIDENCE OF WORKERS COMPENSATION COVERAGE. Contractor hereby certifies that

Contractor is covered by a Workers' Compensation insurance program with either the State of Montana, a private insurance carrier, or an approved self-insurance plan in accordance with Montana State law and that the City has no liability for Contractor's worker's compensation insurance or claims or that the Contractor has received a waiver of such coverage from the State of Montana. If the Contractor has not received a waiver from such coverage, the Contractor shall provide evidence of such coverage to the City prior to the City's validation of the agreement.

6. COMPLIANCE WITH OTHER FEDERAL, STATE, COUNTY, AND MUNICIPAL LAWS. Contractor shall obey all other laws, ordinances, regulations and rules of the Federal, State, County and Municipal governments which may be applicable to its operations. Said laws include, but are not limited to, the Equal Employment Opportunity laws, the Fair Labor Standards Act, and Occupational Safety and Health Administration (OSHA). Any violation of applicable law shall constitute a breach of this Agreement and Contractor shall hold the City harmless from any and all liability arising out of, or in connection with, said violations including any attorney’s fees and costs incurred by the City as a result of such violation.

7. OWNERSHIP AND PUBLICATION OF MATERIALS. All records, drawings, reports, information, data, and other materials prepared by the Contractor pursuant to this Contract are the property of the City, which has the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part, information relating thereto. No material produced in whole or in part under this Contract may be copyrighted or patented in the United States or in any other country without the prior written approval of the City.

8. REPORTS AND INFORMATION. The Contractor will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the City or its authorized representative, and will be retained for three years after receipt of final payment for the services rendered under this Contract unless permission to destroy them is granted by the City.

9. ACCESS TO RECORDS. It is expressly understood that the Contractor's records relating to this Contract will be available during normal business hours for inspection by the City or its authorized representative.

10. PLACE OF VENUE. The parties understand and agree that performance of this contract is for the City of Missoula and that in the event of litigation concerning it, venue is the Fourth Judicial District in and for the County of Missoula, State of Montana. This Contract will be construed under and governed by the laws of the State of Montana.

11. INDEMNIFICATION. The Contractor waives any and all claims and recourse against the City including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Contractor's performance of this contract except for liability arising out of sole negligence of the City or its officers, agents or employees. Further, the Contractor will indemnify, hold harmless, and defend the City against any and all claims, demands, damages, costs, expenses or liability arising out of the Contractor's performance of this Contract except for liability arising out of the sole negligence of the City or its officers, agents or employees.

12. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this Contract, the prevailing party is entitled to recover reasonable attorney’s fees and other costs and expenses, whether the same are incurred with or without suit.

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13. INSURANCE - TERMS AND LIMITS. Without limiting any of the other obligations or liabilities of the

Contractor, Contractor shall obtain and maintain all required insurance from companies lawfully authorized to do business in the State of Montana with minimum “A.M. Best Rating” of A-,VI.

14. CONTRACTOR’S LIABILITY NOT LIMITED. By requiring such insurance and insurance limits as

listed in this document, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor, and such coverage and limits shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents.

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Attachment B--Pricing Requirements

Submit answers to the following request for information in a separate, sealed envelope with your proposal marked “Pricing” on the outside of the envelope. Please summarize total costs below:

1. Describe in detail all of the costs included in this scope of services, including but not limited to:

a. Conversion of the City of Missoula’s existing code, b. editorial work, c. proofreading, d. updating/creating the indexes, e. costs associated with web publishing and updating the electronic version of the code

(if your charges vary based on the frequency of updates, please list those costs), f. per page cost to codify new ordinances, g. any special costs your company charges for tables and/or graphics, h. costs to host ordinances sent to the service provider and to link to them in our code, i. preparation and delivery of one (1) electronic version of the code in Microsoft Word

and one (1) hard copy of the code to the City. Please include in your pricing proposal the costs to host and link to the 18 ordinances that have established and amended Title 20, our zoning ordinance.

j. cost for City banner to be included on the page housing our code, k. cost for each additional hardcopy of the code and costs associated with hard copies

of supplements (in addition to costs for a complete copy of the code, please include a cost to provide hard copies and supplements for only Title 20—our zoning code),

l. cost your company will charge for citizens/firms requesting hard copies of the code, m. any other charges not listed here. n. optional Title 19 annotation update project pricing

2. Using the ordinance attached as Attachment C, please tell us how much your company would

charge the City of Missoula to codify it, host and link to it in our code and any other costs associated with providing the services listed in this RFP including the costs of providing hard copy supplements to the city for the ordinance.

3. Identify travel expenses and per diem costs associated with all anticipated employees in this project, which will not be covered by the base charge, if applicable.

City of Missoula Request for Proposals Codification Services

Page 21

Attachment C—Sample ordinance

Ordinance 3549

A City of Missoula initiated ordinance generally amending Title 20, Missoula Municipal Code,

the City Zoning Ordinance, to incorporate maintenance revisions in the following chapters: 20.05

Residential Districts, 20.10 Business and Commercial Districts, 20.15 Industrial and Manufacturing

Districts, 20.20 Open Space and Public Districts, 20.40 Use- and Building-Specific Standards,

20.45 Accessory Uses and Structures, 20.60 Parking and Access, 20.65 Landscaping, 20.75 Signs,

20.80 Nonconformities, 20.85 Review and Approval Procedures, 20.100 Terminology, 20.105 Use

Classifications, and 20.110 Measurements and Exceptions.

Be it ordained that the following sections and tables are hereby amended as follows: Section

20.05.020 and Table 20.05-1; Section 20.10.020 and Table 20.10-1; Section 20.15.020 and Table

20.15-1; Section 20.20.020 and Table 20.20-1; Section 20.40.040; Section 20.40.050A; Section

20.40.050C; Section 20.45.060B.11.a; Section 20.60.010C.5; Section 20.60.020C; Section

20.60.040C.2; Section 20.60.110D; Section 20.65.100B; 20.75.020A; 20.75.030M and N; Section

20.75.070K; Section 20.75.170D.2; Section 20.80.030C.2.b; Section 20.85.110B.7.a; Section

20.100.010; Section 20.105.030; 20.110.050A.1; 20.110.050D; and the following section is hereby

established: 20.45.090 entitled “Solar Energy Conversion Systems.”

Chapter 20.05 Residential Districts

20.05.020 Allowed Uses

Table 20.05-1 (Excerpt) Uses Allowed in Residential Districts

Use Category └specific use type

R215

R80

R40

R20

RT

10

R8

R5.4

RT

5.4

R3

RT

2.7

RM

2.7

RM

1.5

RM

1

RM

0.5

RM

H

Sta

nd

ard

s

P U B L I C / C I V I C

TABLE CONTINUES…

College/University – – – – – – – – – C – C C C C

Day Care

└Residential Day Care (1–12) P P P P P P P P P P P P P P P

└Day Care Center (13+) C C C C C C C C C C C C C C C

Library/Cultural Exhibit – – – – – – – – – – C P P P P

Park/Recreation P P P P P P P P P P P P P P P

Preschool

└Preschool (1-12) P P P P P P P P P P P P P P P

└Preschool Center (13+) C C C C C C C C C C C C C C C

Religious Assembly C C C C C C C C C C C C C C C

TABLE CONTINUES…

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Chapter 20.10 Business and Commercial Districts 20.10.020 Allowed Uses

Table 20.10-1 (Excerpt) Uses Allowed in Business and Commercial Districts

Use Category └specific use type

B1

B2

C1

C2

CB

D

Sta

nd

ard

s

C O M M E R C I A L

TABLE CONTINUES …

Eating and Drinking Establishments

└Restaurant P P P P P

└Tavern or Nightclub – C C C C 20.40.040

Enterprise Commercial Use – – C C P 20.40.050

Entertainment and Spectator Sports

└Small Venue – P P P P

└Medium Venue – – P P P

└Large Venue – – P P P

TABLE CONTINUES…

Chapter 20.10 Business and Commercial Districts

20.10.020 Allowed Uses

Table 20.10-1 (Excerpt) Uses Allowed in Business and Commercial Districts

Use Category └specific use type

B1

B2

C1

C2

CB

D

Sta

nd

ard

s

C O M M E R C I A L

TABLE CONTINUES…

Lodging

└Bed and Breakfast P P P P P 20.40.030

└Hostel – – P P P

└Hotel/Motel – – P P P

└Recreational Vehicle Park – – – – –

└Tourist Homes – P P P P

TABLE CONTINUES…

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Chapter 20.10 Business and Commercial Districts

20.10.020 Allowed Uses

Table 20.10-1 (Excerpt) Uses Allowed in Business and Commercial Districts Use Category └specific use type

B1

B2

C1

C2

CB

D

Sta

nd

ard

s

P U B L I C / C I V I C

TABLE CONTINUES…

College/University P P P P P

Day Care (except as noted below) P P P P P

└Day Care Center (13+) C P P P P

Emergency Homeless Shelter C C C C C 20.40.045

Hospital – C P P P

Library/Cultural Exhibit P P P P P

Meal Center C C C C C 20..40.085

Park/Recreation P P P P P

Preschool (except as noted below) P P P P P

└Preschool Center (13+) C P P P P

Religious Assembly P P P P P

TABLE CONTINUES…

Chapter 20.15 Industrial and Manufacturing Districts

20.15.020 Allowed Uses

Table 20.15-1 (Excerpt) Uses Allowed in Industrial Districts Use Category └specific use type

M1R

M1

M2

Sta

nd

ard

s

P U B L I C / C I V I C

TABLE CONTINUES…

Day Care P – –

Detention and Correctional Facilities – C C

Emergency Homeless Shelter C C - 20.40.045

Hospital P – –

Library/Cultural Exhibit P – –

Meal Center C C - 20.40.085

Park/Recreation P – –

Preschool P – –

Religious Assembly P – –

TABLE CONTINUES…

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Chapter 20.20 Open Space and Public Districts

20.20.020 Allowed Uses

Table 20.20-1 (Excerpt) Uses Allowed in Open Space and Public Districts

Use Category └specific use type

OP

1

OP

2

OP

3

Sta

nd

ard

s

P U B L I C / C I V I C

TABLE CONTINUES…

Park/Recreation P P P

School – – P

Utilities and Services

└Minor P P P

└Major C – P

C O M M E R C I A L

TABLE CONTINUES…

Chapter 20.40 Use- and Building-Specific Standards

20.40.040 Casinos, Taverns and Nightclubs

Commentary: While existing CLB/CLB1 overlay zoning districts (approved prior to November 4, 2009) may be shown

on the zoning maps, no new CLB/CLB1 overlay districts or expansions of existing CLB/CLB1 overlay districts may be

approved after November 4, 2009.

Casinos must be located on parcels with frontage on an arterial street. The requirement for

frontage on an arterial street does not, however, apply to casinos in the CBD district.

Chapter 20.40 Use- and Building-Specific Standards

20.40.050 Enterprise Commercial Uses

Commentary: While existing EC overlay zoning districts (approved prior to November 4, 2009) may be shown on zoning

maps, no new EC overlay districts or expansions of existing EC overlay districts may be approved after November 4,

2009. 78B

A. The standards of this section apply in C1, C2, M1R, M1, and M2 zoning districts when a

new enterprise commercial use is established or an existing enterprise commercial use is

expanded by more than 20% of its existing gross floor area over the gross floor area that

existed on November 4, 2009. Enterprise commercial uses standards do not apply to

vertical mixed-use buildings or to residential buildings.

Chapter 20.40 Use- and Building-Specific Standards

20.40.050 Enterprise Commercial Uses

80BC. All business, servicing, manufacturing or processing of materials, goods or products must

be conducted within completely enclosed buildings. Outdoor storage of materials is

permitted only if visually screened by walls, fences, or landscape plantings so that such

City of Missoula Request for Proposals Codification Services

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materials are not visible from a public right-of-way or R zoning districts. Street vending is

permitted only in accordance with Chapter 5.56 Missoula Municipal Code (pertaining to

Street Vendors)

Chapter 20.45 Accessory Uses and Structures

20.45.010 General Regulations ................................................................................................ 20.45-

20.45.020 Parcel and Building Standards in Residential Districts ............................................ 20.45-

20.45.030 Parcel and Building Standards in Nonresidential Districts ...................................... 20.45-

20.45.040 Accessory Structures for Livestock or Fowl ............................................................. 20.45-

20.45.050 Home Occupations .................................................................................................. 20.45-

20.45.060 Accessory Dwelling Units .................................................................................... 20.45-25

20.45.070 Satellite Dish Antennas ............................................................................................ 20.45-

20.45.080 Wind Energy Conversion Systems .......................................................................... 20.45-

20.45.090 Solar Energy Conversion Systems………………………………………………… 20.45-X

Chapter 20.45 Accessory Uses and Structures

20.45.060 Accessory Dwelling Units

B. Regulations for all Accessory Dwelling Units

11. Size

a. Detached ADU

1. The floor area of a new detached accessory dwelling unit may not exceed

the maximum of 600 square feet or be less than 350 square feet.

2. When a new detached accessory dwelling unit is created within an existing

detached accessory structure that was built after June 5, 2013, the

maximum size of the accessory dwelling unit may not exceed the square

footage stated in Section 20.45.060B.11.a.1.

3. When a new detached accessory dwelling unit is created within an existing

detached accessory structure that was built prior to June 5, 2013, there is

no limit to the floor area unless the conversion adds to the floor area of the

existing detached accessory structure in which case the maximum size

cannot exceed the square footage stated in Section 20.45.060B.11.a.1.

Chapter 20.45 Accessory Uses and Structures

20.45.090 Solar Energy Conversion System (entirely new section)

A. Purpose

This section permits, as an accessory use, solar energy conversion systems, while protecting

the safety and welfare of adjacent and surrounding land uses through appropriate zoning and

land use controls. Solar Energy Conversion System (SECS) as defined in 20.100.010 are

City of Missoula Request for Proposals Codification Services

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intended to produce power for the principal use and/or accessory use on-site, as a supplement

to utility power or in lieu of utility power. SECS may also be connected to the electric utility for

the purpose of “net metering”.

B. Applicability

The requirements of this section shall apply to all solar energy conversion systems modified or

installed after (the effective date of this Ordinance), however; modifications to an existing

accessory SECS that increases the SECS area by less than 10% of the original footprint shall

not be subjected to this ordinance.

C. Where Allowed

1. Solar energy conversion systems are permitted as accessory uses in all districts.

2. Building-integrated systems, as defined in section 20.100, are not considered an

accessory use and are not subject to the requirements of this section.

D. Location, Setbacks and Height

1. Solar energy conversion systems are subject to accessory structure setback

standards.

2. Solar energy conversion systems may not be located within drainage, utility or other

established easements.

3. All power transmission and telemetry lines from the SECS to any building or structure

must be placed underground.

4. Roof mounted solar panels are allowed to exceed the maximum building height as

noted in section 20.110.060B.1.h.

5. Additional requirements for Ground Mounted SECS

a. Ground-mounted SECS may not extend into any required setback when oriented

at minimum design tilt.

b. The height of ground-mounted solar collector and any mounts shall not exceed 22

feet when oriented at maximum tilt.

c. Ground-mounted SECS must not impair sight distance for safe access to or from

the property or other properties in the vicinity.

d. Medium and large scale SECS projects shall provide proof of soil stabilization to

be approved by Development Services.

COMMENTARY: Like–kind replacements of SECS or systems that change type (photovoltaic to thermal or vice versa) and do not change size, are not subject to zoning compliance, but will require review by the City Building Division.

City of Missoula Request for Proposals Codification Services

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e. For medium and large scale SECS a storm water management plan showing

existing and proposed grading and drainage demonstrating no net increase in

runoff shall be provided subject to approval by Development Services.

E. Building, Electrical, Plumbing, and Fire Codes

Solar energy conversion systems are subject to Missoula building, electrical, plumbing, and fire

codes.

Chapter 20.60 Parking and Access

20.60.010 General

C. Exemptions, Reductions and Special Area Standards

5. Long-term Bicycle Parking

Off-street motor vehicle parking space requirements may be reduced up to a maximum of 25% of the total requirement by one space for every eight long-term bicycle parking spaces provided in excess of what is required by Section 20.60.090B. Long-term bicycle parking spaces must comply with 20.60.090

City of Missoula Request for Proposals Codification Services

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20.60.020 Required Motor Vehicle Parking

Chapter 20.60 Parking and Access

C. Off-street Parking Schedule (Excerpt)

Use Category └specific use type

Minimum Motor Vehicle Off-street Parking Ratio

P U B L I C / C I V I C

TABLE CONTINUES…

Day Care

└Residential Day Care (1–12) 2 spaces

└Day Care Center (13+) 1 space per 8 enrollees + 1 space per 2 employees

Emergency Homeless Shelter (8 or fewer beds) 1 space per 2 employees

Emergency Homeless Shelter (9 or more beds) 1 space per 10 beds; 1 space per 2 employees

Hospital 1 space per 4 beds + 1 space per 2 employees

Library/Cultural Exhibit 1 space per 360 sq. ft.

Meal Center (Soup Kitchen) 1 space per 8 seats; 1 space per 2 employees

Park/Recreation (except as noted below) per 20.60.020E

└Golf course 5 spaces per hole

Preschool

└Preschool (1-12) 2 spaces

└Preschool Center (13+) 1 space per 8 enrollees + 1 space per 2 employees

Religious Assembly 1 space per 40 sq. ft. of assembly area

TABLE CONTINUES…

20.60.020 Required Motor Vehicle Parking

Chapter 20.60 Parking and Access

C. Off-street Parking Schedule (Excerpt)

Use Category └specific use type

Minimum Motor Vehicle Off-street Parking Ratio

C O M M E R C I A L

TABLE CONTINUES…

Construction Sales and Service 1 space per employee

Day Labor Employment Agency 5 spaces + 1 space per 480 sq. ft.

Eating and Drinking Establishments

└Restaurant 1 space per 4 seats + 1 space per 2 employees

└Tavern or Nightclub 1 space per 4 seats + 1 space per 2 employees + 1 space per billiard table + 1 space per 2 gaming machines

City of Missoula Request for Proposals Codification Services

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Use Category └specific use type

Minimum Motor Vehicle Off-street Parking Ratio

Entertainment and Spectator Sports (except as noted below)

1 space per 8 seats + 1 space 100 sq. ft. of assembly area without seats

└Theater/Cinema 1 space per 4 seats

TABLE CONTINUES…

Chapter 20.60 Parking and Access

20.60.040 Location of Off-street Parking

C. Off-site Parking

1. General

All or a portion of required off-street parking may be provided off-site, in accordance

with the provisions of this section. Off-site parking areas must comply with all

applicable parking area design and accessibility standards. Required accessible

parking spaces may not be located off site.

2. Location

a. Off-site parking areas must be located within a 500-foot radius of the use served

by such parking, measured between the entrance of the use to be served and the

outer perimeter of the furthest parking space within the off-site parking lot.

b. Off-site parking must be located on a parcel zoned for the same or more intense

use group or building type as the use or building type to be served by the parking.

Chapter 20.60 Parking and Access

20.60.110 Drive-through Facilities and Vehicle Stacking Spaces

D.

Stacking Lane Design and Layout

Stacking lanes must be designed and laid out in accordance with Municipal Code

requirements and city engineering division standards and specifications (Title 12

M.M.C).

Chapter 20.65 Landscaping

20.65.100 Alternative Compliance

An applicant proposing to deviate from strict compliance with the landscaping requirements of this

chapter may do one of the following:

A. Request alternative compliance review (design review) in accordance with the procedures

of 20.85.080.

B. Submit a landscape plan, covering the limits of the project, prepared and stamped by a

landscape architect licensed in the State of Montana.

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1. This exemption does not apply to sections 20.65.070 screening or section 20.65.020D

activity areas for multi-dwelling developments.

2. When a landscape architect is used to deviate from the landscaping chapter a list

detailing the sections being deviated from must be provided to Development Services

at the time of permit application.

Chapter 20.75 Signs

20.75.020 General Sign Regulations

The general sign regulations of this section are applicable to all allowed signs unless otherwise

expressly stated.

A. Property Owner’s Responsibility

Each property owner is responsible for proper permitting, installation, and maintenance of

all signs on their property.

Commentary: Boulevard maintenance must comply with Chapter 12.32 and Chapter 12.48 of the Municipal

Code which requires consultation and permits from the Parks Department for tree trimming or removal.

B. Noncommercial Messages

Any sign allowed under this chapter may contain, in lieu of any other message or copy, any

lawful noncommercial message that does not direct attention to a business operated for

profit, or to a product, commodity or service for sale or lease, or to any other commercial

interest or activity, so long as the sign complies with the size, height, area and other

requirements of this chapter. Authorized decision-making bodies may not consider the

content of speech or the viewpoint of the speaker when taking action to approve or deny

sign permits or other application for signs.

Chapter 20.75 Signs

20.75.030 Prohibited Signs and Sign Characteristics

M. Temporary (portable) changeable copy signs, except that such signs may, after review and

approval of a sign permit, be used to announce and advertise the grand opening of a new

business or business under complete new ownership for a period of no more than two

consecutive weeks;

N. Banners, flags, pennants, streamers, spinners or other types of wind signs, except that

such signs and devices may, after review and approval of a sign permit, be used to

announce and advertise the grand opening of a new business or business under complete

new ownership for a period of no more than two consecutive weeks;

20.75.070 Regulations of Specific Types of Signs

K. Banners for Special Events

After review and approval of a sign permit, banners may be used to announce special

events for a period of no more than two consecutive weeks two times a year.

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Chapter 20.75 Signs

20.75.170 Measurement Rules

D. Building Frontage

2. On buildings housing more than one tenant where each tenant has their own exterior

entrance, a tenant’s building frontage is the exterior building wall (or walls) that

directly abut the tenant’s interior floor space and that faces a public right-of-way or

(on-site) off-street parking area or contains a customer building entrance. A tenant

that has two or more building frontages must calculate the permitted sign area on the

basis of each individual building frontage.

Chapter 20.80 Nonconformities

20.80.030 Nonconforming Structures

C. Alterations and Expansions

2. One and Two-Unit Nonconforming Residential Dwelling Unit Expansion

a. A one or two-unit residential structure that is nonconforming because it encroaches

into front, side, rear, or street side setbacks and is not closer than 3 feet (5 feet in

zones R5.4, RT5.4, R8, and RT10) to the subject property line may be expanded

vertically 3 feet above the current structure and up to 16 feet horizontally along the

existing nonconforming building line (see illustration). The following standards

apply:

1) In new construction, when building height or length is increased within a side

setback, doors and windows on the wall facing the subject side setback are

prohibited closer than 10 feet from the adjacent building or required setback for the

adjacent building, whichever is closer.

2) All other development standards of the subject zoning district must be met.

b. Expansion of structures closer to the property line than 3 feet (or closer than 5 feet

in zones R5.4, RT5.4, R8, and RT10) or horizontal expansions exceeding 16 feet

require Design Review Board approval (Section 20.85.080).

Chapter 20.85 Review and Approval Procedures

20.85.110 Administrative Adjustments

B. Applicability; Authorized Administrative Adjustments

7. Parcel Area

a. The zoning officer is authorized to approve an administrative adjustment to

permit the construction of one additional residential dwelling unit on a parcel that

would otherwise be prohibited solely because the parcel does not comply with

City of Missoula Request for Proposals Codification Services

Page 32

the minimum parcel area standards of the subject zoning district.

Chapter 20.100 Terminology

20.100.010 General Terms

[Codification Instructions: The following terms and definitions should be added to Chapter 20.100 in alphabetical order. The definition for “Solar Panels” shall be amended in Chapter 20.100 as shown below. This codification instruction shall not be included in the code.]

Building-Integrated System

A solar photovoltaic system that is constructed as an integral part of a principal or accessory building

or structure and where the building-integrated system features maintain a uniform profile or surface of

vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical

device, replacing or substituting for an architectural or structural component of the building or structure

that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-

integrated system may occur within vertical facades, replacing view glass, spandrel glass or other

facade material; into semitransparent skylight systems; into roofing systems, replacing traditional

roofing materials; or other building or structure envelope systems.

Ground-Mount Solar Energy Conversion Systems

A solar energy conversion system that is mounted on a solar racking system, pole or series of poles

constructed specifically to support the solar collection system, not attached to any other structure, and

wired to connect to an adjacent home or building.

Kilowatt-hour (kWh)

A unit of energy equivalent to one kilowatt (1 kW) of power expended for 1 hour of time.

Roof-Mounted Solar Energy Conversion Systems

A solar power system in which solar panels are mounted on top of the structure of a roof either as a

flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal

angle.

Solar Energy Conversion System (SECS)

The components and subsystems required to convert solar energy into electric or thermal energy

suitable for use. The area of the system includes all the land inside the perimeter of the system, which

extends to any fencing. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar

thermal systems, and solar hot water systems.

1. Small-Scale, Solar Energy Conversion System: An active SECS that occupies 2,500

square feet of surface area or less (equivalent to a rated nameplate capacity of about 25

kW DC or less).

2. Medium-Scale, Solar Energy Conversion System: An active SECS that occupies more than

2,500 but less than 40,000 square feet of surface area (equivalent to a rated nameplate

capacity of about 25 - 250 kW DC).

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3. Large-Scale, Solar Energy Conversion System: active SECS that occupies more than

40,000 square feet of surface area (equivalent to a rated nameplate capacity of about

250kW DC or greater).

Solar Panels (existing terminology) Devices containing photovoltaic cells that convert sunlight into direct current electricity or that use

thermal energy from sunlight to heat water.

Chapter 20.105 Use Classifications

20.105.030 Public and Civic Use Group

G. Park/Recreation

Recreational, social, or multi-purpose uses associated with public parks, public open

spaces, public community centers, public play fields, public or private golf courses, or other

public recreation areas or buildings.

H. Preschool

Place or facility that provides educational instruction designed for children 5 years of age

or younger, with limited hours of education per child:

1. Preschool (1-12)

Preschool education for up to 12 children.

2. Preschool Center (13+)

Preschool education for 13 or more children.

I Religious Assembly

Religious services involving public assembly such as customarily occur in synagogues,

temples, mosques and churches.

J. Safety Services

Public safety services that provide fire, police or life protection, together with the incidental

storage and maintenance of necessary vehicles. Typical uses include fire stations, police

stations and ambulance services.

K. School

Public and private schools at the primary, elementary, junior high, or high school level that

provide state-mandated basic education.

L. Utilities and Services

1. Minor

Infrastructure services that need to be located in the area where the service is

provided. Minor utilities and services generally do not have regular employees at the

site and typically have few if any impacts on surrounding areas. Typical uses include

water and sewer pump stations; minor water towers and reservoirs; minor electrical

substations, including small scale solar energy conversion systems; water

conveyance systems; stormwater facilities and conveyance systems; telephone

switching equipment and emergency communication broadcast facilities. Bus and rail

passenger facilities for local or subregional service, such as Mountain Line stops and

transfer centers, are classified as “minor utilities and services.”

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2. Major

Infrastructure services that typically have substantial land-use impacts on

surrounding areas. Typical uses include but are not limited to water and wastewater

treatment facilities, major water storage facilities and electric generation plants,

including medium and large scale solar energy conversion systems.

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Page 35

Chapter 20.110 Measurements and Exceptions

20.110.050 Setbacks

Original

City of Missoula Request for Proposals Codification Services

Page 36

Chapter 20.110 Measurements and Exceptions

20.110.050 Setbacks

[Codification Instruction: Image will be deleted]

[Codification Instructions. References to “Office of Planning and Grants,” “the Office of Planning and

Grants” and/or Planning Office throughout Title 20 shall be changed to Development Services. Staff is

authorized to make any non-substantive changes to make sentences grammatically correct.]

Effective date. The provisions of this ordinance shall be effective in 30 days after adoption except that

Section 20.60.110 pertaining to drive through facilities shall become effective upon the effective date of

an ordinance duly adopted by the City Council amending Chapter 12.22 regarding parking facilities to

incorporate requirements for drive through facilities into that Chapter. If the City Council does not adopt

an ordinance amending Chapter 12.22, Section 20.60.110 will not be repealed.

Severability. If any selection, subsection, sentence, clause, phrase or word of this ordinance is for any

reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining

portions of this ordinance. The council hereby declares that it would have passed this ordinance and

each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any

one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or

unconstitutional, then the remaining ordinance provisions will be in full force and effect.

First reading and preliminary adoption on the 15th day of June, by a vote of 10 ayes, 0 nays, 0 abstaining and 2 absent. Second and final reading and adoption on the 20th day of July, by a vote of 11 Ayes, 1 Nay, 0 Abstain and 1 absent vote. APPROVED by the Mayor this 20th day of July, 2015.

ATTEST: APPROVED: /s/ Martha L. Rehbein /s/ John Engen Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL)

City of Missoula Request for Proposals Codification Services

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Attachment D--Conditions and Non-Collusion Form To receive consideration this form must be signed in full by a responsible, authorized agent, officer, employee or representative of your firm.

Conditions and Non-Collusion Agreement We have read and agree to the conditions and stipulations contained in the City of Missoula Request for Proposals Missoula Municipal Code Codification Services and to the Standard Terms and Conditions contained therein. In signing this proposal, I(we) also certify that I(we) have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the due date and time to any other proposer or competitor; that the above statement is accurate under penalty of perjury. Legal Name of Firm/Corporation Authorized Signature Address Printed Name City/State/ZIP Title Date Telephone Number

City of Missoula Request for Proposals Codification Services

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Attachment E--Intent to Respond Form Please e-mail this form to City Clerk, Marty Rehbein by January 6, 2016, if your company chooses to participate in the RFP. Any changes modifications or clarifications to the RFP will be sent directly to service providers who have submitted this form. To: City of Missoula Attn: Marty Rehbein Email: [email protected] Contact Name ________________________________ Company Name ________________________________ Company Address ________________________________ Company Website ________________________________ Phone Number ________________________________ Fax Number ________________________________ Email ________________________________ ____________________________________ __________________________ Signature Date ____________________________________ Printed name and title By signing the above, I certify that I am authorized by the Company named above to respond to this request.