HomeMy WebLinkAbout114992 ALBERTSON CLARK ASSOCIATES - CONTRACT - RFP - 7058 HUD CONSOLIDATED PLAN FOR CITY OF FORT COLLINSPROFESSIONAL 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 ALBERTSON-CLARK ASSOCIATES, hereinafter referred to as
"Professional".
WITNESSETH:
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 five (5) pages, and
incorporated herein by this reference.
2. The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B",
consisting of one (1) page, and incorporated herein by this reference.
3. Contract Period. This Agreement shall commence September 15, 2009, and
shall continue in full force and effect until August 15, 2010, 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:
distribution, and will provide cover graphics.) The document shall be prepared
using the CPM P framework suggested by HUD. Its hall be outlined in a
document format agreed upon by the Consultant and City staff, after reviewing
some preferred "best practices" formats produced by other communities.
b) Major document components related to Scope of Work include:
Citizen Participation and Consultation: Develop a list of housing and
community development stakeholders in the City. Provide meaningful
involvement of citizens, community -based organizations, businesses,
elected officials, housing and service providers in the planning process.
Have regular consultation with City staff (see above). Update a detailed
Citizen Participation Plan that incorporates federal requirements.
ii) Executive Summary
iii) Housing Market Analysis and Needs Assessment: Identify and
accumulate statistical and analytical information that provides an overall
picture of the housing needs of the City. At a minimum, the assessment
should include the following:
• Housing supply and demand
• Housing affordability analysis
• Cost burdened households
• Housing types
• Housing conditions, including substandard units
• Disproportionate racial/ethnic group housing needs
• Specific housing objectives
• Needs of Public Housing
• Inventory of local, state and federal assisted housing
• Barriers to affordable housing
• Lead based paint hazards
iv) Homeless Needs Assessment: At a minimum, the assessment should
include the following:
• Inventory of emergency shelters, transitional housing and permanent
housing for the homeless
• Needs of sheltered and unsheltered homeless
• Needs of subpopulations
• Needs of persons threatened with homelessness
v) Non -Homeless Special Needs Assessment: At a minimum, this
assessment should include the following:
• 'Special Independent Living needs and issues for persons with
!physical and mental disabilities
• HIV/AIDs population housing needs
• Supportive service needs
I
vi) Community Development Needs: Identify non-housi ng community
development needs, including:
• Public facilities and infrastructure improvement needs
• -Accessibility needs
• Historic preservation needs
• Economic development needs
• , Planning needs
• 'Public service needs
• !Other community development needs
vii) Housing and Community Development Strategic Plan: Based on the data
gathered and analyzed from iii) — vi) above, develop a 5-year, Strategic
Plan that brings needs and resources together in a coordinated housing
and community development strategy. At a minimum, this Plan should
include the following:
i
• Establishment of priority needs
• jObstacles to meeting housing goals and objectives
• 'Geographical areas- investigate the need for a targeted area
implementation plan or targeted economic development area
• Alleviation of overcrowding
• ,Concentration of racial/ethnic minorities
• ;'Involuntary displacement
• Affordable housing strategy
• Anti -poverty strategy
• Programs to assist households with incomes below the poverty level
• Coordination with other programs and agencies
• Community development priority analysis and strategy
• Institutional structure
Housing
Public services
Community development
Strengths in the institutional structure
Gaps in the institutional, structure
• Coordination
• Implementation of housing and community development strategy
viii) Identify Potential Funding Sources: Identify potential state and federal
grants and other available funding sources available to the City for
housing -related and community development activities. Suggest financial
terms for CDBG and HOME projects based on project type or related
factors.
c) Attachments/Other:
i) Source documentation and data;
ii) Interim reports, memorandums, addendums, etc.
iii) Public announcement as published (or script, if broadcast);
iv) Information packets, surveys, questionnaires, and other materials handed
out at public meetings;
v) Formalized notes from and/or descriptive narrative of events;
vi) Copies of written public comments, summaries of verbal comments, and
responses.
d) Presentation materials for stakeholder meetings, public meetings and hearings.
e) Any other materials which are substantially relevant to the Consolidated Plan or
its development process.
C. Final HUD Approval
The City anticipates that the Consultant's project involvement will be completed by
August 15, 2010.
EXHIBIT B
WORK SCHEDULE
Contract Start Date
October, 2009
Draft Consolidated Plan Available for
April 1, 2010
Staff Review
Draft Consolidated Plan back to
April 7, 2010
Consultant for Final Public Review Prep
City Staff Prepares Draft 1 st Year Annual
April 1 — April 18
Action Plan for Public Review
Draft Consolidated Plan Available for
April 19 — May 18, 2010
Public Review (includes review by
Boards and Commissions
-appropriate
30-Day Public Comment Period for 1s'
April 19 — May 18, 2010
Year Annual Action Plan
City Council Hearing & Adoption of Spring
May 18, 2010
2010 Competitive Process Funding
Allocations
Public Hearing for Draft Consolidated
May 19, 2010
Plan
Consultant Preparation of Final
May 20 — June 30, 2010
Consolidated Plan
City Staff Preparation of Final 1st Year
July 1- July 31, 2010
Annual Action Plan
Final Consolidated Plan Complete
July 1, 2010
Graphics Work Complete on Final
Consolidated Plan and 1 st Year Annual
July 7, 2010
Action Plan(City Staff
Submittal of Consolidated Plan and
Annual Action Plan to HUD
August 1, 2010
EXHIBIT C
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 furnish 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.
F. Vendor Statement:
I have read and understand the specifications and requirements for this bid and I agree
to comply with such specifications and requirements. I further agree that the method of
award is acceptable to my company. I also agree to complete PROFESSIONAL
SERVICES AGREEMENT with the City of Fort Collins within 30 days of notice of award.
If contract is not completed and signed within 30 days, City reserves the right to cancel
and award to the next highest rated firm.
FIRM NAME:
ADDRESS:
EMAIL ADDRESS:
BIDDER'S NAME:
SIGNATURE:
PRIMARY SERVICES ISSUES CONTACT: C
TELEPHONE: 56/— 2f Z
EMAIL:
CELL: � U l 7 l
BACKUP:
EMERGENCY: -/ 7 .��CS�% hA'-0
Professional:
City:
With Copy to:
Albertson -Clark Associates
City of Fort Collins
City of Fort Collins, Purchasing
Attn: Sherry Albertson -Clark
Attn: Julie Smith, MPA
PO Box 580
5313 Fairway Six Drive
Advance Planning Department
Fort Collins, CO 80522
Fort Collins, CO 80525
PO Box 580
Fort Collins, CO 80522
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
negligent 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 $NA.
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/hour (estimated 170 hours required)
Reimbursable direct costs: NA
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Fifteen Thousand dollars ($15,000.00). Monthly partial 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.
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 Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Professional represents and agrees that:
As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement; and
2. Professional will participate in either the e-Verify 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 "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established
pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment
eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a
subcontractor that knowingly employs or contracts with an illegal alien to perform work
under this Agreement.
C. Professional is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
If Professional obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Professional
shall:
1. Notify such subcontractor and the City within three days that Professional
has actual knowledge that the subco ntractor 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 Professional
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.
e. Professional shall comply with any reasonable request by the Col orado
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.
f. If Professional 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, Professional shall be liable for actual and consequential
damages to the City arising out of Professional's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this
provision of this Agreement and the City terminates the Agreement for such breach.
17. Amendment 54. To the extent that this Agreement may constitute a "sole
source government contract" within the meaning of Section 2(14.4) of Article XXVIII of the
constitution of the State of Colorado, about which the City makes no representation, Section 15
of said Article XXVIII, which reads as follows, is hereby incorporated into this Agreement and
made a part hereof:
a. Section 15. Because of a presumption of impropriety between contributions to
any campaign and sole source government contracts, contract holders shall contractually agree,
for the duration of the contract and for two years thereafter, to cease making, causing to be
made, or inducing by any means, a contribution, directly or indirectly, on behalf of the contract
holder or on behalf of his or her immediate family member and for the benefit of any political
party or for the benefit of any candidate for any elected office of the state (of Colorado) or any of
its political subdivisions.
18. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit C, consisting of one (1) page,
attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By:
mes . O'Neill II, CPPO, FNIGP
Director of P rchasing & Risk Management
DATE: Z� / CS
Sherry Albertson -Clark
Doing bu °ness as A10 rt on -Clark Associates
J
By:
_ L�1�_
Title:
CORPORATE PRE IDENT OR VICE PRESIDENT
Date: — '�t6 (
EXHIBIT A
SCOPE OF SERVICES
The Advance Planning Department is seeking to develop a five-year Consolidated Plan
(Strategic Plan),for the City of Fort Collins, Colorado for H UD Program Years 2010-
2014. The time period for the Plan will be October 1, 2010 —September 30, 2015. The
Department intends to submit the Consolidated Plan to the HUD Region VIII Office by
August 1, 2010.
In addition to meeting the federal requirements and deadline for the Consolidated Plan,
the Department is interested in encouraging meaningful public participation in the
Consolidated Plan process, especially by low and moderate income people.
Additionally, the Department is interested in a broad consultation process with public and
private agencies providing affordable/subsid ized housing, homelessness prevention and
intervention efforts, and health and public/human services. The Consolidated Plan
should provide a direct link between community goals and objectives, and priority needs.
It should also provide clear direction for future One -Year Action Plans, required as
subcomponents of the next five-year framework.
A. Objectives
The following objectives should be considered i n the development of the Consolidated
Plan:
1) The plan should meet HUD's requirements and deadline for a Consolidated Plan;
2) Development of the Plan should use existing data to help determine housing,
homeless, special population, and community development needs. To the extent
that it is available, development of the Plan should incorporate the most current
data via the U.S. Census Bureau's American Community Survey (ACS), the
Larimer County Housing Needs Assessment (2009), and the City of Fort Collins
Priority Needs and Strategies Report (2009-2010 update);
3) Development of the Plan should build a participatory process at the lowest levels,
especially with low and moderate income persons, and persons with barriers to
participation;
4) Development of the plan should involve consultation with a broad sector of public
and private agencies for collaboration and collective problem solving in
determining needs, objectives, goals and priorities;
5) The Plan should consider all community needs, and resources available to meet
those needs;
6) Based on identified community needs, the Strategic Plan portion of the
Consolidated plan should:
• Indicate general priorities for allocating funds to the various housing and
community development needs identified in the Plan;
• Indicate the basis or reason behind the priority level (and relative priority)
given to each category of priority need;
• Identify any obstacle to meeting underserved needs;
• Summarize specific objectives for meeting the needs in each priority area
describing funds that are reasonably expected to be m ade available;
• Identify quantifiable proposed accomplishments for each specific objective.
7) The Plan should report on specific items required by HUD, such as reducing the
number of families living in poverty and removing barriers to affordable housing;
8) The Plan should be structured to serve as a basis for the City's Competitive
Process funding allocations and for assessing performance on an annual basis;
9) The Plan should be consistent with established planning documents for the City
of Fort Collins, e.g., City Plan, the Affordable Housing Priority Needs & Strategies
Report.
B. Services/Deliverables
1. The services to be performed under the proposal include, but are not limited to:
a) Statistical and informational data collection and preparation of charts and
narrative to prepare a housing and homeless needs assessment (24 CFR
91.205) and housing market analysis (91.210);
b) Consultation with public and private agencies as outlined in 24 CFR 91.100,
including those that provide: affordable/subsidized housing; health and
public/human/social services; state or local health and child welfare agencies
regarding lead based paint hazards; adjacent units of I ocal government, including
planning agencies; public Housing Authorities; and agencies receiving HOPWA
funds within the eligible City of Fort Collins statistical area;
c) Citizen participation activities such as publishing information; surveys;
coordinating meetings, focus groups and hearings; and summarizing and
responding to public comments as outlined in 24 CFR 91.100;
d) Using needs information obtained through data collection, consultation and
citizen participation to make recommendations for a Strategic Plan as outlined in
91.215 and for any policy issues;
e) Submitting an initial Draft Plan for staff review, a Draft Plan for public review, and
a Final Plan for submittal to HUD.
2. The consultant will be responsible for providing the following products:
a) One original paper copy and one electronic copy in Microsoft Word format using
the CPMP format. (City graphics staff will convert the original to a pdf format for