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HomeMy WebLinkAbout201762 CLARION & ASSOCIATES - CONTRACT - RFP - 7402 RELOCATION PLAN FOR LOW-INCOME RESIDENTS DISPPROFESSIONAL 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 Clarion 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 August 1, 2012, and shall continue in full force and effect until April 1, 2013, 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: Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 1 of 15 o the City could consider possible rezonings of selected mobile home parks limiting other permitted uses in the new district and, thus, reducing land use redevelopment possibilities in the future; o the City could consider tax or other financial incentives to the owners of affordable housing units and mobile home parks/communities to maintain their properties and upgrade basic infrastructure (incentives approach); and/or o the City could encourage stricter enforcement of health and safety laws and zoning code infractions that lower the quality of life in affordable units and mobile home parks/communities making them target areas for redevelopment (regulatory approach). • A requirement to provide relocation assistance to all low-income households displaced as a result of affordable housing units, or mobile home park spaces, being lost due to redevelopment activity and are not able to be preserved. The AHRDMS project will need to define different roles, responsibilities, and obligations for the City of Fort Collins depending upon the location of a redevelopment activity. City assisted projects inside the city limits, such as those to which the City contributes financial support or those that require other City actions, such as a rezoning, development project approval, etc., could require a greater role, responsibilities, and obligations as differentiated from those projects that occur outside the city limits within the GMA. The AHRDMS project will also need to assess the capacities and the roles, responsibilities, and obligations of other local governments, affordable housing agencies, and non-profit human service agencies, again differentiated as to whether or not the redevelopment activity occurs within the city limits or in the GMA. References and comparisons between the provisions and requirements of the City's Relocation Plan that differ from the federal Uniform Relocation Act requirements will need to be made. This will include descriptions regarding which provisions and requirements are the same (or similar) and which are different and explanations as to why they are different. • A requirement for property -owners or developers to contribute funding (e.g., payment of a fee) or to replace all affordable units and/or mobile home park spaces lost from the supply of such units or spaces in the community, or a requirement to incorporate such units into the redevelopment project. A new fee would require a detailed nexus analysis relating the fee charged to the need to replace lost affordable housing units or mobile home spaces. ■ Timing — September/October 2012 Task 5. Public Forums and Meetings The AHRDMS project will be a collaboration of City staff, key stakeholders, and the Professional requiring coordination and review throughout the project. The methods of public involvement will be collaborative process between city staff and the Professional consistent with the City's strategies contained in the Public Engagement Strategic Plan. Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 10 of 15 During the planning process, the Professional will convene up to three stakeholder meetings to discuss the range of AHRDMS project elements identified during the planning process and identify what is important to them. Pros, cons, costs, and track records of each element will be reviewed during each of these meetings. City staff will take the lead in organizing the meetings (i.e. notification, organization of venues, facilitation of the meetings, minutes) with input from the professional. During this period, the Professional will also conduct an initial work session with City Council on October 23, 2012. ■ Timing — September/October and November 2012 Advisory Boards and Commissions: The AHB and P&Z, for land use issues, will be the two key advisory boards involved in the plan as each body will be making formal recommendations to the City Council as the Council considers adoption of the Relocation Plan and its implementation actions. Other boards and commission may be asked for their review and comments. At least two meetings with the AHB and P&Z.,will be needed during the planning process. Staff can provide the AHB and P&Z with routine monthly updates of the process to develop the plan. • Timing — September 2012 — February 2013 City Council Presentations: The Professional will need to attend at least two meetings with City Council: • an initial work session (October 23) to outline the potential key policies, objectives, and possible implementation actions for the Relocation Plan (October 23, 2012), and • 2) a regular meeting to present the final version of the Relocation Plan, where City Council will adopt the plan (January/February 2013). Task 6. PrepareDis placement Mitigation Strategies Document Based on input from public and stakeholders during Task 5, the Professional will prepare a draft AHRDMS document which will include the following elements, and with differing roles, policies, and actions within the city limits and the GMA as necessary: • Executive Summary • Past History and Potential Problem Areas o Inventory of past displacements o Estimate of properties that could be impacted by future redevelopment activity • Regulations and Best Practices o Review of city regulatory framework and options o Best practices in other communities • City Roles and Policies o Policies and responsibilities within Fort Collins o Policies and responsibilities within the GMA • Action Plan o Immediate actions (within 6 months) o Longer -term actions • Appendices o Background research o Process summary Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 11 of 15 Following the completion of Task 6, the Professional will attend the meeting with the City Council (a regular Council meeting) to present recommendations and answer any questions as Council considers formal action on the AHRDMS document. Following this meeting, revisions requested by the City Council will be incorporated, and a final AHRDMS document will be produced. ■ Timing — December 2012/January 2013 Deliverables During the course of the project, the Professional will produce the following deliverables: ■ A detailed inventory of manufactured housing communities and affordable housing projects within Fort Collins and within the GMA. ■ Examples of relocation plans from at least six other medium sized cities, and summary of best practices reflected in those relocation plans. ■ Examples of zoning ordinance provisions or other acquisition techniques related to protection of mobile home and affordable housing projects or occupancy. ■ Preliminary Report summarizing the findings and potential actions. ■ Draft and final AHRDMS documents. Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 12 of 15 EXHIBIT B PROJECT SCHEDULE OVERVIEW Key dates for the development of the AHRDMS project are presented 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. Late -July Project initiation. Define scope, schedule, public participation process, project website, and staff work team responsibilities. August Conduct research and data collection including best practices review; inventory of past efforts; inventory community resources and services; review existing laws and legislation; identify potentially impacted sites; survey property owners; etc. Kick off project website. Meet with the Affordable Housing Board (AHB) and Planning & Zoning Board (P&Z). August/September Identify and analyze preliminary list of action strategies. Survey/meet with service agencies, public and key stakeholders. Meet with AHB and P&Z. Prepare preliminary report summarizing findings and potential actions. October October 23 City Council work session. Discuss preliminary findings and receive direction on potential actions. November/December Prepare final report and action plan. AHB and P&Z review and recommendation. January/February 2013 Council approves Displacement Mitigation Strategies. Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 13 of 15 EXHIBIT C ESTIMATED HOURS AND SCHEDULE OF RATES AND COST BY TASK Budget - Displacement TASK Mitigation Strategies, Fort Collins, CO CLARION MHOAA TOTAL Elliott Herman Sommer Dickens Billable Rate $ /Hour $190 $185 $85 $100 Task l i• F'ro'lecf Startup and'Siartiip Meetings' s n Hours 8 0 8 8 80 Total Fees $1,520 0 $680 $800 $3,000 Number of Trips 1 0 0 0 1 Travel Expenses $50 $0 $0 $0 $50 TASK TOTAL $1,570 $0 $680 $800 $3,050 Task 2i Inilia l-Stakefiolder Outreach z s'� ry + i ;-0'` ' Hours 8 8 24 32 72 Total Fees $1,520 $1,480 $2,040 $3,200 $8,240 Number of Trips 1 0 0 1 2 Travel Expenses $50 $0 $0 $600 $650 TASK TOTAL $1,570 $1,530 $2,040 $3,800 $8,890 Task 3c '_Preliminary Inventory Hours 16 0 29 28 76 Total Fees $3,040 0 $2,380 $2,800 $8,305 Number of Trips 0 0 0 0 0 Travel Expenses $0 $0 $0 $0 0 TASK TOTAL $3,040 $0 $2,820 $3,400 $8,305 Task 4 `Possible Preservation Techniques and Relocation Strategies;and'P�eliminary_Re'porf .. -. _ .r Hours 32 8 16 32 84 Total Fees $6,080 $1,480 $1,360 $3,200 $12,120 Number of Trips 2 0 0 0 2 Travel Expenses $100 $0 $0 $0 $100 TASK TOTAL $6,180 $1,480 $1,360 $3,200 $12,220 1a'sk'5: Public Forums and Meetings Hours 8 16 24 48 Total Fees $4,560 1,360 $2,400 $8,320 Number of Trips 1 0 1 2 Travel Expenses $50 $0 $600 $650 TASK TOTAL $4,610 $512 $3,000 $8,970 Task 6': Recommendations` Hours 32 24 56 Total Fees $6,080 $2,400 $8,480 Number of Trips 1 0 1 Travel Expenses $50 $0 $50 TASK TOTAL $4,610 $2,400 $8,530 TOTAL ;PROJECT COST TOTAL PROJECT COST (BY FIRM) $33,365 $16,600 Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 14 of 15 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. Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 15 of 15 C Professional: City: With Copy to: Clarion Associates City of Fort Collins City of Fort Collins, Purchasing 621 17th St. Ste. 2250 Attn: Ken Waido, Chief PO Box 580 Denver, CO 80293 Planner Fort Collins, CO 80522 Attn: Don Elliott PO Box 580 del liott(d.clarionassociates.co Fort Collins, CO 80522 m 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 a fixed fee in the amount of Forty-nine Thousand Nine Hundred Seventy Dollars ($49,970.00) which includes reimbursable direct costs. All such fees and costs shall not exceed Forty-nine Thousand Nine Hundred Seventy Dollars ($49,970.00). 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 Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 2 of 15 pursuant hereto as per Exhibit "C" consisting of one (1) page and incorporated herein by this reference, and upon the City's approval of the Professional's actual 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. 8. Project Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable Mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the City in an AutoCAD version no older then the established city standard. 9. 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. 10. 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. 11. Personal Services. It is understood that the City enters into this Agreement Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 3 of 15 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 4 of 15 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. 17. Prohibition Against Employing 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 "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 Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 5 of 15 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. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D " - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 6 of 15 THE CITY OF FORT COLLINS, COLORADO la Director DATE: B. O'Neill II, CPPO, FNIGP chasing & Risk Management S By: V \4 Title: CORPORATE PRE I ENT OR VICE PRESIDENT Date: B — ! A / (Corporate Seal) Corporate Secretary ESTATE70F EA J. KROOK OY PUBLIC COLORADO My Commission Expires l �Z Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 7 of 15 EXHIBIT A AFFORDABLE HOUSING REDEVELOPMENT DISPLACEMENT MITIGATION STRATEGIES SCOPE OF SERVICES Task 1. Project Startup and Progress Meetings Initial Coordination Meeting: At this meeting, the City staff and the Professional will finalize a detailed schedule of the Affordable Housing Redevelopment Displacement Strategies (AHRDMS) project, identify important milestones with target dates, and finalize a detailed Scope of Services. ■ Timing — July 2012 Progress Meetings: Progress meetings will be held periodically throughout the project. These meetings may occur via conference call or face-to-face depending on the travel schedule and availability of the Professional. ■ Timing — As needed. Task 2. Initial Stakeholder Outreach In order to ensure a broad representation of interests and perspectives from stakeholders during the planning process, the Professional will work with City staff to identify a range of representative stakeholders from the community who will include, but may not be limited to, the following major groups: • residents of affordable housing units, with a particular focus on manufactured housing owners/residents located in mobile home parks; • mobile home park/community property -owners and park/community managers; • affordable housing advocates; • affordable housing providers; • the Fort Collins Housing Authority and other non-profit affordable housing and social/human service agencies often called upon to address low-income resident displacement issues; • City and Larimer County staff; • County and State elected officials; • City advisory boards/commissions, particularly the Affordable Housing Board (AHB) and the Planning and Zoning (P&Z) Board; and • the general public. Note: the above listed groups are not intended to be individual stakeholders requiring their own separate meetings, etc. — groups with similar interests will be combined for forums, focus groups, etc. during the planning process. The Professional will meet with the AHB and P&Z to discuss preliminary concepts and concerns. Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 8 of 15 Note: these meetings will occur during the month of September, the AHB meeting (regular monthly meeting) is scheduled for Thursday September 6, and the P&Z meeting (work session) is scheduled for Friday September 14. City staff will be responsible for developing and maintaining, a project website. The Professional will provide assistance With content as needed, d'rawing from materials prepared during the course of the project. ■ Timing — August/September 2012 Task 3. Preliminary Inventory Simultaneously with the initial public outreach, the Professional will work with City staff to review and discuss existing City and County regulations; past and current displacement relocation practices; inventory potentially impacted sites; and collect other information that may be helpful during the planning process. In addition, the Professional will work with City and "County staff to identify the current status of affordable housing units and of manufactured homes in manufactured housing parks/communities, both within the City limits of Fort Collins and within the Growth Management Area. The following will be included in this task: • an inventory of past displacement and efforts to address the displacements using existing community resources and services; • an analysis of typical relocation costs and support services for displaced residents; • an estimate of the number and type of affordable housing and mobile home parks that could potentially be impacted by future redevelopment activity; and • a regulatory review of existing tools that could be used for LIH support.. ■ Timing — August/September 2012 Task 4. Possible Preservation Techniques and Relocation Strategies and Preliminary Report The Professional will then identify the range of possible AHRDMS project elements based on best practices from other jurisdictions in Colorado and elsewhere in the US. The Professional will highlight the benefits of each of these options as well as the potential weaknesses, and will prepare a Preliminary Report summarizing the findings and potential actions. This will serve as the basis for review with community stakeholders, the AHB, and P&Z, as well as a work session with City Council. The AHRDMS project will primarily investigate the following: • Identify reasonable steps that will be taken to preserve affordable housing and minimize displacement of low-income people from affordable housing units, with special emphasis on low-income residents living in manufactured housing units (mobile homes), as a result of a redevelopment project. Examples of possible preservation techniques include, but are not limited to: Professional Services Agreement 7402 Affordable Housing Redevelopment Displacement Mitigation Strategies Page 9 of 15