Loading...
HomeMy WebLinkAbout127796 BBC RESEARCH & CONSULTING - CONTRACT - RFP - 7271 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICPROFESSIONAL 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 BBC Research & Consulting, 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: 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 "C", consisting of one (1) page, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence November 16, 2011, and shall continue in full force and effect until August 30, 2012, unless sooner terminated as herein provided. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 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- rev03/10 income disparities. Geographic concentration of low income populations will be mapped and further analyzed alongside racial, ethnic and special needs concentration maps. If shape files are available from the City, the Professional will overlay the location of community services (e.g., public transit, parks and recreation, health clinics) with measures of income to identify any concerns in equity of service location and provision. Employment status and distress where present. For this analysis, City staff will provide the Professional with any employment data and employment trends in the city (e.g., major employers by type and industry; average wages by industry, classification of occupations into low/average/high wage categories) that the City desires to include in the Al. The Professional will attempt to analyze unemployment trends for and the relationship of these factors among minorities and persons with disabilities. Housing profile. City staff will provide the Professional with existing housing market and affordability analyses to incorporate into the Al. The Professional will focus this section on determining current affordability and changes from 2000; identifying areas in the city that are cost prohibitive; and calculating distribution of rent costs and housing values and medians, comparing 2000 Census data to recent cost data and projections. This section will include the following data: • Special needs, housing (availability and need); • Number and location of assisted housing units; and • Number and percentage of units accessible to persons with disabilities that are owned and operated by the Fort Collins Housing Authority. Evaluation of fair housing legal status. In this task, the Professional will collect data from all of the organizations that accept complaints from city residents on alleged violations of the Fair Housing Act. Professional will also interview the Colorado Civil Rights Division about fair housing trends in Fort Collins and request data from HUD (1). The Professional will collect complaint data from these organizations by type, frequency and type of resolution and summarize overall trends in fair housing complaints. The Professional will also analyze all recent and current lawsuits related to the Fair Housing Act and violations of the Americans with Disabilities Act to identify patterns in fair housing lawsuits and any additional fair housing concerns. a. The Colorado Civil Rights Division is prohibited by state statute from providing us with fair housing complaint data directly. Public sector review. An important component of an Al is the review of local land use codes, development policies, property tax regulations and the Fort Collins Housing Authority. • Land use policy, zoning and site location analysis. The Professional will conduct a brief review of the City's land use and zoning codes using a barriers checklist developed by HUD. The Professional will conduct follow-up interviews with local planning staff to provide more specificity on local land use policies, including the community's definition of group home, accessibility standards for multifamily construction and the review process for homeowner associations' regulations (CC&Rs). The Professional will also ensure that the City has in place sale/conversion of affordable housing and displacement policies affecting low income households. Standard Professional Services Agreement- rev07/09 10 • Property tax policies. In order to evaluate the impact of property tax policies on fair housing choice, the Professional will consider mill levies and how they vary within Fort Collins and across other comparable cities. • Fort Collins Housing Authority. Over the telephone and again when the Professional's personnel are in town for the public process (as needed), the Professional will interview management of the Fort Collins Housing Authority (FCHA) to discuss their policies and procedures of accepting and assisting low income clients. The Professional will also discuss any fair housing lawsuits and complaints involving the FCHA. If available, the Professional will also obtain data from the FCHA and map the location of households receiving Section 8 vouchers, households residing in FCHA developments and households on the waiting list for vouchers and other housing assistance. The Professional will overlay the location of FCHA clients with areas of concentrated poverty to evaluate the degree to which FCHA-assisted households are integrated into the larger community. • Private sector review: fair lending. During this task, the Professional will examine all available data regarding compliance with local, state and federal Fair Housing Law, including the Home Mortgage Disclosure Act (HMDA), the Fair Housing Act and the Community Reinvestment Act (CRA). The Professional will examine the compliance with the CRA and the ratings received by financial institutions in the area. The Professional will also conduct standard statistical tests on the HMDA data to detect evidence of potential discrimination in lending, including high cost (subprime) lending. The Professional will identify geographic areas where subprime lending is high and compare this with 2006 data (which the Professional has available from their statewide predatory lending study). • Public and private sector: fair housing activity. The Professional will evaluate the types of activities in the city that promote fair housing and the types of agencies that currently offer fair housing services. This will consist of telephone interviews with each of the organizations in the areas that provide fair housing programs, collection of data about their programs (e.g., number of households served by various activities each year), what they would change about their programs if they could, and the main challenges they face in program delivery and monitoring. Per the City's request, this analysis will look at fair housing enforcement, informational programs, need for visitability in all housing and outreach activities and any presence of discrimination. Schedule: Data collection and research will begin in mid -November of 2011 and will be complete by mid -April, 2012. Task 4. Identification of impediments and development of the action plan. During this task, the Professional will examine the findings from the tasks described previously in order to determine existing barriers to fair housing choice in the city. For development of the Fair Housing Action Plan, the Professional will draft a section identifying fair housing impediments in the city and, after the City has reviewed the entire draft report, hold a conference call/meeting to discuss how the City should address the fair housing impediments. The Professional's recommendations will be practical and actionable and will include an implementation strategy that identifies what actions should be taken, who will do the actions, when the actions take place and contains measurable performance outcomes and evaluation Standard Professional Services Agreement- rev07/09 11 policy Schedule: This task will begin once the research and data collection in Task 3 is compiled (April 2012) and will be complete with the draft Al by May 1, 2012. Task 5. Submission of Final Al. After City staff has reviewed and commented on the draft report and FHAP, the Professional will produce a final report. The report will be in a tailored user-friendly, easy to read format incorporating charts and graphs. Schedule: The draft AI will be complete by May 1, 2012 and the Final Al will be submitted no later than July 1, 2012 (in time for the July City Council Hearing). Task 6. Presentation of findings. In this final task the Professional will present the results of the Al in the following settings: • City Council meeting. The Professional will present the results of the updated Al at a public hearing before the City Council for their review and approval. The hearing is currently scheduled for July of 2012. • Public meeting. Once the Al is complete the Professional will conduct another public meeting to present the results to the public, likely in an "open house" format. Per the RFP, this meeting will be facilitated by City staff. Schedule: The City Council meeting is scheduled for July 2012 and the schedule for the public meeting will be left to the City's discretion. Standard Professional Services Agreement- rev07/09 12 EXHIBIT "B" INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Standard Professional Services Agreement- rev07/09 13 EXHIBIT "C" WORK SCHEDULE Key dates for the development of the Analysis of Impediments to Fair Housing Choice (AI) are in the table below. The table does not contain a full listing of public informational meetings, open houses, etc., that will need to be completed during the process. Task 1 Mid -November 2011 Task 2 Begin: mid -November of 2011 End: mid -April of 2012. Task 3 Begin: mid -November of 2011 End: mid -April of 2012. Task 4 Begin: April 2012 End: May 1, 2012. Task 5 Draft Al Completed May 1, 2012 City Council Work Session Early May 2012 CDBG Commission Recommendation June 2012 Task 6 City Council Public Hearin July 2012 Al Submitted to HUD August 15, 2012 Standard Professional Services Agreement- rev07/09 14 EXHIBIT "D" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need -to - know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City's remedies at law for a breach of the Professional'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- rev07/09 15 PROTECTION ADVANTAGE INC/PHS 301 WOODS PARK DRIVE CLINTON NY, 13323 City of Fort Collins PO BOX 580 FORT COLLINS, CO 80522 ACORD 25 (2009/09) SA A� tf CERTIFICATE OF LIABILITY INSURANCE R054 1DATE i60 M/D2YYYYl1 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PROTECTION ADVANTAGE INC/PHS 110975 P: (866)467-8730 F: (800)308-5459 301 WOODS PARK DRIVE CLINTON NY 13323 CONTACT PHONE FAX (866)467-8730 A/C,NoI: (800)308-545 E-MAILcExt: ADDRESS: PRODUCER CUSTOMER ID#: INSURERS) AFFORDING COVERAGE NAIC# INSURED INSURER A : Hartford Casualty Ins Co INSURER B BBC RESEARCH @ CONSULTING INSURER C 3773 CHERRY CREEK NORTH DR. STE 850 INSURER D DENVER CO 80209 INSURER E: INSURER F COVERAGES CERTIFICATE NIJMRFR- RLVICInnI nu InnoCo. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLISUBRI POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE s 2,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 A CLAIMS -MADE O OCCUR PERSONAL &ADV INJURY s 2,000,000 X General Liab X 01 SBA ZC0506 08/29/2011 08/29/2012 GENERAL AGGREGATE s 4, 000,000 'L AGGRqGAT LIMIT ABBI EIS PER: PROT PRODUCTS - COMP/OP AGG s 4 , 000,000 $ POLICY X I.�I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 5 2,000,000 ANYAUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ ' A SCHEDULED AUTOS X PROPERTY DAMAGE (Per accident) $ HIRED AUTOS 01 SBA ZC0506 08/29/2011 08/29/2012 X $ NON -OWNED AUTOS $ UMBRELLA L/AB OCCUR EACH OCCURRENCE s AGGREGATE S EXCESS L/AB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN X TORV LIMITS ER E.L. EACH ACCIDENT $ 1, 000,000 A ANY OFFIC ER/M MB RR EXCLLUDED?XECUTIVE❑ N/A E.L. DISEASE - EA EMPLOYEE 51,000,000 (Mandatory in NH) 01 WEC ZY6554 09/01/2011 09/01/2012 If yes, describe under DESCRIPTION OF OPERATIONS below l DISEASE - POLICY LIMIT $ 1 , 0 0 0 , 0 0 0 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 701, Additional Remarks Schedule, B more space is required) Those usual to the Insured's Operations. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE City of Fort Collins DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 580 AUTHORIZED REPRESENTATIVE FORT COLLINS, CO 80522 7%_ w 1 U88-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Professional: City: With Copy to: BBC Research & Consulting City of Fort Collins City of Fort Collins , Purchasing 3773 Cherry Creek N. Drive, Attn: Ken Waido, Chief PO Box 580 Suite 850 Planner, Advance Planning Fort Collins, CO 80522 Denver, CO 80209-3868 PO Box 580 Attn: Heidi Aggeler, Managing Fort Collins, CO 80522 Director 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 according to the Insurance Requirements attached hereto as Exhibit "B ", consisting of one (1) page. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Twenty-four Thousand Six Hundred Seventy -Five dollars ($24,675.00). Monthly partial payments based upon the Professional's billings and itemized statements 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 actual Standard Professional Services Agreement- rev03/10 2 reimbursable expenses. 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. B. 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. Standard Professional Services Agreement- rev03/10 3 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 often (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 Emplovinq Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. 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 Standard Professional Services Agreement- rev03/10 4 "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. d. 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 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 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 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. 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. Standard Professional Services Agreement- rev03/10 5 17. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", consisting of one (1) page, attached hereto and incorporated herein by this reference. Standard Professional Services Agreement- rev03/10 6 THE CITY OF FORT COLLINS, COLORADO By: C: 6Aa-��U - Ja es B. O'Neill II, CPPO, FNIGP Directc Purchasing & Risk Management DATE: 1 Z V /F l a BBC Research & Consulting By: Title: o`er CORPORAT PR SI EN OR VICE PRESIDENT Date: 7u ATTEST: (Corporate Seal) Corporate Secretary Standard Professional Services Agreement- rev03110 EXHIBIT "A" SCOPE OF SERVICES Methods and Approach Task 1. Project initiation and management. The first task consists of a meeting between the Professional's project team and City staff to finalize the work plan and kick off the study. At this meeting the Professional will collect information and documents needed for the Al. These will include: • Information about the City's current investment in fair housing activities—i.e., groups receiving funding, amount of funding and activities associated with funding; • Identification of all organizations and individuals who should be included in the stakeholder focus group; • Current zoning, land use regulations and housing policies and ordinances (e.g., how to access, URLs, etc); • Any relevant communications with HUD about the City's fair housing activities and/or prior Al-, • All relevant studies and reports (e.g., transportation/housing/employment linkage studies, affordable housing studies, demographic analyses, community development needs assessments). The meeting will also discuss the Professional's attendance at the meetings listed on page 7 of the RFP. It is anticipated that the Professional will attend all City Council meetings and the Professional's subcontractor will attend some of the progress meetings and key stakeholder meetings for the project team (the Professional can participate by conference call as needed). Communication with HUD. The Professional will be required to maintain frequent communications with the Denver HUD Fair Housing staff to assure that the Al is conforming to all the latest nuances required by HUD. Schedule: This task will occur with the funding approval and notice to proceed in mid - November of 2011. Task 2. Public participation and outreach efforts. The Al shall "devote considerable energy to identifying impediments to fair housing choice from the perspective of protected classes." To this end, the Professional's efforts to gather input from the public and key stakeholders for the Al will include: Fair Housing workshop. The Professional will host and facilitate public meeting in "workshop" format to educate residents about fair housing issues. The workshop will have an educational focus but could also include small and large group exercises to identify impediments in the city and collect suggestions for overcoming the impediments. The Professional will work with the City to find the best venue for the workshop, one that is accessible and familiar to low-income individuals and protected classes. Stakeholder focus group. The Professional will conduct a focus group and key person interviews, as needed, with persons knowledgeable about housing transactions and fair housing in the city. These key people will include representatives of fair housing organizations, advocacy Standard Professional Services Agreement- rev07/09 8 groups, housing providers and developers, real estate professionals, lenders and others. The Professional will develop focus group and interview scripts and review them with City staff prior to conducting the focus/group interviews. City staff will assist the Professional in identifying candidates for the focus group and interviews. Stakeholder survey. To ensure the broadest possible inclusion of groups that represent or serve protected classes and other diverse interests, the Professional will invite housing and community development professionals to participate in a stakeholder survey. The stakeholder survey will discern respondents' experience with fair housing issues as well as their knowledge of fair housing law. The survey will be distributed with assistance from City staff through CDBG grantee lists, trade groups, online postings, etc. Paper survey of members of protected classes and residents. The Professional will develop a survey to be distributed throughout the city at locations focused on reaching individuals who may be members of protected classes and/or who are most vulnerable to fair housing violations The aim of the paper survey will be to create an opportunity for individuals who are members of protected classes to participate in the Al process in a confidential manner. The survey will gauge respondents' personal experience with fair housing issues as well as their knowledge of their rights under fair housing law. Examples of survey distribution sites include: • Social service program locations such as independent living centers, PHAs, family support centers, county health clinics, driver's license bureaus, City Hall and veterans assistance program areas; • Nonprofit and faith -based organizations such as churches, food banks, domestic violence shelters and homeless facilities; • Local businesses such as coffee shops, grocery stores, nail salons, among others. The resident survey can also be offered online and will be publicized through local stakeholders. The Professional and City staff will assist with survey distribution. Additional public participation. Additional public participation efforts will occur after the Al is complete and are included under Task 6: Presentation of Findings. Schedule: This task will begin in mid -November of 2011 and will be complete by mid -April of 2012. Task 3. Data collection and research. This task will involve several subtasks as required by HUD's Al regulations: Demoqraphic analysis. City staff will provide the Professional with 2010 Census and relevant American Community Survey (ACS) data that the City feels are important for inclusion in the Al. The data included in the Al and which are necessary to meet HUD's requirements are: analysis and mapping of racial/ethnic minorities, persons with disabilities and other special needs populations (i.e., single -parent households, elderly, etc). City staff will also provide the Professional with Point in Time Study estimates and resources provided by the Northern Front Range Continuum of Care in order to include a discussion of the homeless population in this section. If data are available from the City, this analysis would also involve mapping the location of group homes and analyzing the concentration of such homes. Income analysis. The Professional will prepare maps showing concentrations of poverty and Standard Professional Services Agreement- rev07/09 9