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HomeMy WebLinkAboutALBERTSON CLARK ASSOCIATES - CONTRACT - RFP - P1046 FAIR HOUSING PLAN ANALA OF IMPED FAIR HOUSPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and SHERRY ALBERTSON-CLARK, an individual doing business as Albertson Clark Associates, hereinafter referred to as 'Professional'. WTNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this reference. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated on January 2, 2007 and completed by July 15, 2007. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 3. Contract Period, This Agreement shall commence January 2, 2007, and shall continue in full force and effect until July 15, 2007, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Standard Professional Services Agreement- rev 09/01/06 EXHIBIT G PURSUANT TO C.R.S. 24-76.5-103 I -(-,,Wear or affirm under penalty of perjury under the laws oft a State of Colorado that (check one): I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a publiq, benefit is fraudulently received. _J& 1 12 L"�, ( i-,/ i )- 1 Signatur Date INTERNAL USE ONLY Valid forms of identification P ---current Colorado driver's license, minor driver's license, probationary driver's license, commercial driver's license, restricted driver's license, instruction permit q ---current Colorado identification card q---U.S. military card or dependent identification card q---U.S. coast guard merchant mariner card P ---Native American tribal document The following forms of identification may be accepted through February 28, 2007* P ---original birth certificate from any state of the United States T ---certificate verifying naturalized status by U.S. with photo and raised seal T ---certificate verifying U.S. citizenship by U.S. government, e.g., U.S. passport q ---order of adoption by a U.S. court with seal of certification T ---valid driver's license from any state of the U.S. or the Dist. of Columbia excluding AK, HI, IL, MD, Ml, NE, NM, NC, OR, TN, TX, UT, VT and WI P ---valid immigration documents demonstrating lawful presence, e.g., current foreign passport with current 1-551 stamp or visa, current foreign passport with 1-94, 1-94 with asylum status, unexpired Resident Alien card, Permanent Resident card or Employment Authorization card *A waiver may be available where no identification exists or can be obtained due to a medical condition, homelessness, or insufficient documentation to receive a Colorado I.D. or driver's license. Contact your department director. Standard Professional Services Agreement- rev 09/01/06 10 Professional: City: With Copy to: Sherry Albertson -Clark City of Fort Collins City of Fort Collins dba Albertson Clark Purchasing Division CDBG/HOME Programs Associates P.O. Box 580 P.O. Box 580 5313 Fairway Six Drive Fort Collins, CO 80522 Fort Collins, CO 80522 Fort Collins, CO 80525 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of N/A. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis according to the following schedule: Hourly billing rates: $85.00 Reimbursable direct costs: $25.00 (No mileage will be charged) with maximum compensation (for both Professional's time and reimbursable direct costs) not to exceed Nine —Thousand -Three —Hundred -Seventy -Five Dollars ($9,375.00). Monthly partial Standard Professional Services Agreement- rev 09/01/06 2 payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 7. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 8. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 9. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. Standard Professional Services Agreement- rev 09/01/06 3 11. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 12. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 13. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 14. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 15. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 16. Prohibition Against Employing Illeoal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a Standard Professional Services Agreement- rev 09/01/06 4 specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department') made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. Standard Professional Services Agreement- rev 09/01 /06 5 G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the Cityarising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "B" - Confidentiality, consisting of one (1) page; and Exhibit "G" — Affidavit Pursuant to C.R.S. 24-76.5-103, consisting of one (1) page, attached hereto and incorporated herein by this reference. THE CITY OF FORT COLLINS, COLORADO By: � J mes B. O'Neill II, CPPO, FNIGP irector of Purchasing & Risk Management Date: SHERRY ALBERTSON-CLARK An individual doing business as: Albertson Clark Associates By. Title: Date: I )_�_ I Standard Professional Services Agreement- rev 09/01 /06 6 EXHIBIT "A" SCOPE OF SERVICES Introduction: The City of Fort Collins, as recipient of federal Community Development Block Grant and HOME Investment Partnerships Program funds through the US Department of Housing and Urban Development, is required to complete a Fair Housing Plan: Analysis of Impediments to Fair Housing Choice (AI). Professional shall prepare a Fair Housing Plan that represents the City of Fort Collins, The Professional will be expected to work closely with staff from the City. At the conclusion of the assessment process, the Professional will submit one copy of the "camera ready" final AI and four copies. The City will handle the distribution of the final document. The Professional may be required to make an oral summary of the completed Al before policy makers. Tasks: 1. Interview representatives of Fort Collins Planning and Building Inspection staff; Fort Collins Housing Authority staff, housing and housing advocacy agencies; community service organizations; members of boards and commissions that represent or address housing issues; representatives of real estate, construction development industries; and general public about local housing issues — 30 hours. 2. Review and analyze most recent available data on demographics, socio-economics; real estate sales; lending practices, home mortgage disclosure data for area lenders; rental and vacancy rates for Fort Collins — 3 hours. 3. Review housing discrimination complaint date provided by HUD fair Housing office for Fort Collins; review whether there has been a determination of unlawful segregation or other housing discrimination by a court or Administrative Law Judge, or a finding of non-compliance and if so, provide recommendations to address this situation — 3 hours. 4. Review and analyze land development regulations, building codes, proposed housing developments, and any expected displacement for gentrification in Fort Collins — 5 hours. 5. Review and analyze Comprehensive Plan, policies, goals, and objectives with respect to housing and development in Fort Collins; review any regional plans and development plans that may affect housing — 4 hours. 6. Review and analyze existing and proposed federal, state, municipal policies and practices related to housing, or that may impact the provision of services and coordination of housing location, availability and accessibility, including transportation and supportive services; lead paint safety and related programs; funding distribution of CDBG and HOME funds - 3 hours 7. Develop public review process with staff input from City of Fort Collins — 1 hour. 8. Review and analyze policies and practices regarding diversity and representation of racial, ethnic and disabled members of the community on boards and commissions in City of Fort Collins — 3 hours. Standard Professional Services Agreement- rev 09/01 /06 7 9. Review previously identified impediments and actions taken, and evaluate the effectiveness of those actions; identify any new impediments that may exist and recommend new actions that may need to be taken to address these impediments — 3 hours. 10. Prepare first draft of report for staff review, comment, revision (Note: any mapping to be included in the report to be provided by City of Fort Collins' staf); format of report will be provided in Word format, unless otherwise specified and will follow the recommended HUD format — 45 hours. 11. Prepare second draft report and present for public review (review process to be determined as per Task 7 above). This task includes Professional's attendance at one (1) public meeting — 5 hours. (Professional's attendance at more than one public meeting will be billed at Professional's rate of $85.00 per hour.) 12. Revise report, based on staff and public input, and prepare/present final report for adoption or consideration. This task includes Professional's attendance at one (1) public meeting — 5 hours. (Professional's attendance at more than one public meeting will be billed at Professional's rate of $85.00 per hour.) Standard Professional Services Agreement- rev 09/01 /06 8 EXHIBIT "B" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall fumish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Standard Professional Services Agreement- rev 09/01 /06 9