HomeMy WebLinkAbout540713 COMMUNITY STRATEGIES INSTITUTE - CONTRACT - RFP - 7663 HUD CONSOLIDATED PLANProfessional Services Agreement
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PROFESSIONAL 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 Community Strategies Institute, 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 twenty (20) pages, and
incorporated herein by this reference. Irrespective of references in Exhibit A to certain
named third parties, Professional shall be solely responsible for performance of all duties
hereunder.
2. Contract Period. This Agreement shall commence September 1, 2014, and shall
continue in full force and effect until August 31, 2015, unless sooner terminated as herein
provided.
3. 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:
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Professional: City: Copy to:
Community Strategies Institute
Attn: Tom Hart, Director
P.O. Box 140387
Edgewater, CO 80214
Tomhart875@mho.com
City of Fort Collins
Attn: Heidi Phelps,
CDBG/HOME Program
Administrator
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
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.
4. 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 $1,000,000, in accordance with Exhibit B, consisting
of one (1) page, attached hereto and incorporated herein.
5. 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: Tom Hart $110
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Jennie Rodgers $110
Annette Boyer $75
Jay Kenney $100
Rachel Rohner $110
Paula Lundquist $30
Reimbursable direct costs: Translation, Online Surveys, Travel, any other as approved
by City’s designated Project Manager.
with maximum compensation (for both Professional's time and reimbursable direct costs)
not to exceed Thirty-Nine Thousand Nine Hundred Seventy-Five Dollars ($39,975.00).
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.
6. 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.
7. 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
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required monthly report may, at the option of the City, suspend the processing of any
partial payment request.
8. 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.
9. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit
A, Statement of Work without the prior written consent of the City, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of
the City), then the following provisions shall apply: (a) the subcontractor must be a
reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor will
be required to comply with all applicable terms of this Agreement, (c) the subcontract will
not create any contractual relationship between any such subcontractor and the City, nor
will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work
of the subcontractor will be subject to inspection by the City to the same extent as the
work of the Professional.
10. Personal Services. It is understood that the City enters into the 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 the 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
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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.
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16. 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
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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.
17. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C" - Confidentiality,
consisting of one (1) page, and Exhibit “D” – Federal Terms and Conditions for Community
Development Block Grant Funding, consisting of eight (8) pages, attached hereto and
incorporated herein by this reference.
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THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
Gerry Paul
Director of Purchasing & Risk Management
DATE: ______________________________
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
COMMUNITY STRATEGIES INSTITUTE
By: __________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
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President
8/22/2014
8/26/2014
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EXHIBIT A
SCOPE OF WORK
The Social Sustainability Department is seeking a consultant to develop a Five-Year
Strategic Plan (Consolidated Plan) for the City of Fort Collins, Colorado for HUD Program
Years 2015-2019. The time period for the Plan will be October 1, 2015 – September 30,
2019. The department is requesting proposals from qualified firms and individuals with
proven experience in developing Consolidated Plans or similar planning documents, in
compliance with all associated federal laws and regulatory requirements. The department
intends to submit the Consolidated Plan to the HUD Region VIII Office by August 1, 2015.
Citizen and stakeholder participation components are a critical process in the
development of the Consolidated Plan and are to be considered a priority. 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, and
those in legally protected classes. All regulatory processes and HUD guidance
documents for outreach and public participation to a broad range of community
members (including the City’s recently adopted Citizen Participation Plan: 2014
Amendment for HUD) regarding proper methods for encouraging participation by
racial/ethnic minorities (including Title VI) need to be adhered to. Additionally, the
department is interested in a broad consultation process with public and private
agencies that provide affordable/subsidized 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. The Plan should build on the work the Social Sustainability Department
has recently completed, such as the Community Gaps Analysis and the 2012 Analysis of
Impediments to Fair Housing Choice (AI). It should also provide clear direction for future
One-Year Annual Action Plans, required as subcomponents of the next five-year framework.
In addition to the Consolidated Plan, ADDENDUM A to this request includes the 1st Year
Action Plan.
A. Objectives
The following objectives are to be considered in 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
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 City of
Fort Collins Affordable Housing Strategic Plan (2010 or more recent update), the
City of Fort Collins Community Gaps Analysis, and the most current data
available from Homeward 2020 and other initiatives;
3) Development of the Plan should foster a participatory process that facilitates
participation at all levels, especially with low and moderate income persons,
racial/ethnic minorities, and persons with barriers to participation, including all in
legally protected classes;
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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 reasonably expected to be made 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 Funding
Allocation processes and for assessing performance on an annual basis;
9) The Plan should be consistent with established planning documents for the City
of Fort Collins, such as City Plan and the Affordable Housing Strategic Plan.
B. Services/Deliverables
1. The services to be performed under this Agreement 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 local 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. Such
activities must be carried out consistent with HUD guidance regarding
providing meaningful language access and must respond 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 associated policy issues;
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Submitting an initial Draft Plan for staff review, facilitating the public review
process for the Draft Plan, and providing a Final Plan for submittal to HUD.
ADDENDUM A: The production of a Draft 1st Year Annual Action Plan, and
Final 1st Year Annual Action Plan for submittal to HUD.
2. The Professional will be responsible for providing the following products:
a) One original paper copy and one electronic copy submittal in HUD’s required
eCon Planning Suite web-based format. City graphics staff will convert the
paper original to a pdf format for distribution, and will provide cover graphics.
The document shall be prepared using the web-based eCon Planning Suite.
It shall be outlined in a document format compatible with the eCon Planning
Suite and agreed upon by the Consultant and City staff, after reviewing some
preferred “best practices” formats produced by other communities. The City
of Fort Collins has final determination on cover graphics and document(s)
formatting.
ADDENDUM A: Same requirements for 1st Year Annual Action Plan.
b) Major document components related to Scope of Work include:
i) 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.
Conduct regular consultation with City staff (see above), as well as
meaningful language access to persons with Limited English Proficiency
(LEP). The usually-required updated Citizen Participation Plan will not be
a part of the Scope of Services, since a significant update is occurring in
2014.
ii) Executive Summary
iii) Housing Market Analysis and Needs Assessment: Collect and analyze
statistical 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
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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
vi) Community Development Needs: Identify non-housing 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:
Establishment of priority needs
Obstacles 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
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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 substantially relevant to the Consolidated Plan or its
development process.
f) A Citizen Participation Plan Amendment will not be a required deliverable as
part of the Scope of Services for this project.
Professional’s Proposal Response:
To begin the City of Fort Collins Consolidated Plan and Annual Action Plan preparation process,
Professional will hold a kick off meeting to better understand the intent and desired outcomes of
the City of Fort Collins staff. This will help Professional’s staff to establish a more informed work
plan, and become acquainted with those local government staff that will be working on CDBG
and HOME program planning. Professional will use the IDIS Consolidated Plan system
template to prepare the plan.
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Professional will gather information about community agencies, City resources, existing
documents, reports, and research, and contacts at this Kick Off Meeting.
Executive Summary
The Executive Summary will include the objectives and outcomes identified in the plan.
Consultation
Professional will set up a series of consultation interviews with the:
Northern Front Range Continuum of Care;
public and private agencies that address the housing, health, human and social services,
employment, or education needs of low-income individuals and families, of homeless
individuals and families, of youth, and/or of other persons with special needs;
publically funded institutions such as health-care facilities, mental health facilities, foster
care and other youth facilities, child welfare agencies,, agencies receiving HOPWA
funds, and seniors and corrections programs and institutions when developing the
Consolidated Plan Homeless Strategy and Lead Based Paint Hazards sections;
adjacent units of local government, especially Larimer County and Loveland, and metro-
wide planning organizations, to understand problems and solutions for regional issues.;
and
the Fort Collins Housing Authority regarding public housing needs, planned programs,
and activities.
The consultation process and the Citizen Participation requirements are closely related in the
Consolidated Plan preparation. Professional has designed and facilitated a number of meetings
which were designed with the purpose of providing government officials, stakeholders, housing
developers and members of the public the opportunity to become informed about local housing
needs and how those needs might be addressed.
Professional will coordinate with City of Fort Collins staff to hold two public meetings to present
a draft Housing Needs Assessment and Market Analysis sections of the Consolidated Plan with
tentative findings and strategies for the Strategic Plan. Participants will be asked to provide
input on priorities and actions as referenced in the draft assessment report. The public will also
be asked to provide comment and reaction to past performance for the programs and actions
contained in the previous action plan. Fort Collins staff will determine the location of the
meetings and arrange for space for up to 50 people that is accessible. Once the Consolidated
Plan is in its final form, a third public meeting will be held to review the report and its findings.
Professional believes that focus groups are a good tool to gain input from stakeholders and
beneficiaries of the programs the City sponsors through its Consolidate Plan. Three focus
groups will be held in locations determined by the City staff. The focus group meetings will be
held early, as soon as preliminary data and recommendations are available in order to
incorporate the focus group findings into the draft of the Consolidated Plan. Professional will
ask for stakeholder input on the following topics:
confirmation of local housing and community development needs and input on how
priorities should be arranged in the Consolidated Plan;
Comments on how past performance has met previous goals and objectives; and
Suggestions for actions over the five-year period to ensure that identified priority needs
are met within resource limitations.
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In addition to meetings and focus group sessions, it is important to involve the community
through the use of the Internet and other media. As Professional prepares for the meetings to
discuss the draft housing needs assessment and the meeting to discuss the final draft of the
report, it is important that the product is widely available to the citizens of Fort Collins.
Professional recommends that in conjunction with City staff, press releases are prepared to
inform citizens that they may look at the text by clicking on a button on the City website. There
may be other Fort Collins stakeholders that also would sponsor a link to the draft report through
their website. The City will also have to make free, paper copies available to anyone who
requests one at a designated City office.
Citizen Participation
Professional will develop an online survey that will be distributed through City staff contacts,
local housing and service organizations, and which will be available on the City website. This
survey will focus on providing agency personnel and the public an easily accessible tool for
offering comment on needs and possible strategic plan priorities.
The web address of the survey instrument will be widely promoted through public circulation
media such as newspapers and websites. The survey will be available on line in English and
Spanish. Paper copies of the survey instrument will be available for reproduction to citizens
who are not computer literate or who do not have access to the Internet. Paper copies will be
available at the public meetings as well.
E-mails will be distributed to various advisory groups, lenders, City of Fort Collins contacts,
housing and homeless providers, the Board of Realtors, senior and special needs organizations,
and other community organizations serving special needs populations including the chronically
mentally ill and developmentally disabled, and disadvantaged and underserved populations.
Results of the survey will be used to identify highest priority needs and actions for the
Consolidated Plan. Residents who will be encouraged to respond to the survey will include low
and moderate income residents where CDBG, HOME and other HUD funds may be spent,
minorities and non-English speaking persons, persons with disabilities, residents of public and
assisted housing developments, recipients of tenant based rental assistance, local businesses,
philanthropic organizations, community and faith based organizations, and residents of targeted
revitalization areas.
Professional will also work with Fort Collins staff to hold one public hearing to review proposed
actions and funding allocations in the Consolidated Plan and Annual Action Plan. Professional
will have one team member help plan the meeting with City staff, and who will also attend and
facilitate the hearing.
Professional will work with City staff to utilize electronic information channels as the primary
communication channel for review of the draft Consolidated Plan, Annual Action Plan, and
Analysis of Impediments to Fair Housing Choice. Most written information can be effectively
posted on websites. Because not all citizens have access to the sophisticated computers
necessary to download large documents, some paper copies of the draft plans should be made
available for reproduction and circulation as needed and for use at public hearings. Once final
versions of the Consolidated Plan Documents are approved, they will be submitted to HUD.
Paper originals will also be made available of the finalized documents to be distributed to
stakeholders without electronic means. Citizens will be provided the mandatory 30 days to
review the draft plans before final publication.
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Professional will summarize citizen comments, and include these comments in the final
Consolidated Plan.
Consolidated Plan Sections within the IDIS Template
Professional will follow the requirements outlined in 24 CFR Part 91 and subsequent guidance
offered in other HUD IDIS Consolidated Planning tools. Professional will use the Desk Guide
for Using IDIS to Prepare the Consolidated Plan, published in August of 2013 to create a data
analysis that will include pre-loaded into IDIS demographic, housing and economic data specific
to the City of Fort Collins. Professional will work with City staff to gain access to the
Consolidated Plan Template within the Fort Collins IDIS system.
HUD encourages grantees to use the data provided within the template, unless the local
government can show that the data is flawed. With this in mind, Professional will download all
pre-loaded data at the beginning of the project and analyze it to ensure that HUD provided data
appears accurate. Professional will provide supplemental data and narrative by manually
inputting it into the IDIS template as attachments.
Housing Needs Assessment (Con Plan Template Screens NA-10-NA-30)
Preloaded data that will be used in the Housing Needs Assessment analysis includes:
population and household numbers and trends;
median income and changes over time;
households by type and HUD income range;
housing problems by tenure and income range;
number of housing problems by tenure and income range;
cost-burdened households by tenure and income range;
overcrowded households by tenure and income range; and
Disproportionate Housing Problems by race and ethnicity
Professional will complete the Needs/Housing Table within the template, and prepare the
required narrative. In this narrative, we will describe the estimated housing needs projected for
the next five year period for the following categories of persons:
extremely low-income, low-income, moderate-income, and middle-income families;
renters and owners;
elderly persons;
single persons;
large families;
public housing residents;
families on the public housing and Section 8 tenant-based waiting list;
persons with HIV/AIDS and their families;
victims of domestic violence; and
persons with disabilities.
Professional will discuss specific housing problems, including: cost-burden, severe cost-burden,
substandard housing, and overcrowding (especially large families) and substandard conditions
being experienced by extremely low-income, low-income, moderate-income, and middle-income
renters and owners. Professional will identify any racial or ethnic group that has a
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disproportionately greater need (Screens NA 15-NA30) for housing than the population as a
whole. Professional will define the terms “standard condition” and “substandard condition but
suitable for rehabilitation”, and analyze lead based paint hazards within the Fort Collins housing
stock.
Professional will use information from the City of Fort Collins Affordable Housing Strategic Plan,
City of Fort Collins Community Gaps Analysis, Homeward 2020, 2010 Census, 2012 American
Community Survey, CDP Maps data, IDIS Online, local MLS data, Division of Housing Rent
Survey data, Colorado Demography Section population projections, and Colorado Department
of Labor and Employment Labor Market Information, and the City’s Housing Affordability Policy
Study (HAPS).
Supplemental Housing Inventory Data and Analysis
Homeownership. Using the above mentioned data sources, current MLS listing and past sales,
Professional will provide data on:
the number of units currently for sale by structure type including single family detached
housing, town homes , condominium units and modular housing;
current mean and median sales prices by structure type;
listing price distribution of current units by structure type;
trends in listings by structure type;
mean and median sales prices of sold units by structure type;
trends in units sold by structure type; and
trends in distribution of sales prices of units sold by structure type.
Future trends in housing construction will be examined.
Rental Housing. Using the Division of Housing Rental Vacancy survey of rental properties in
Fort Collins and other available rental market data, Professional will provide data on:
current rent levels;
trends in rent levels;
current year and trends in rent per square foot rates; and
current year information and trends in vacancy rates.
Public and Assisted Housing (Consolidated Plan Template NA-35)
In cooperation with the Fort Collins Housing Authority, Professional will describe the needs of
public housing units, including:
the number of public housing units in the city;
the physical condition of such units;
the restoration and revitalization needs of Public Housing projects within the city;
the number of families on Public Housing and tenant-based waiting lists; and
results from the Section 504 needs assessment of Public Housing projects
located within the city.
Professional will also describe the number and targeting (income level and type of household
served) of units currently assisted by local, state, or federally funded programs in the city and
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provide an assessment of whether any units are expected to be lost from the assisted housing
inventory for any reason (i.e. expiration of Section 8 contracts).
Characteristics of current public housing residents by Public Housing program type from the
Public and Indian Housing Information System will be presented, including:
incomes;
household size;
race and ethnicity;
disability or elderly status; and
length of stay.
Professional will analyze the 504 needs of public housing tenants, and identify the number and
types of families on the waiting list for Public Housing and Section 8 tenant based rental
assistance program. Professional will compare their housing needs to the housing needs of the
population at large.
Supplemental Housing Gaps and Estimated Housing Need Data and Analysis
Supply Demand Analysis. Information from the City of Fort Collins Affordable Housing
Strategic Plan and Community Gaps Analysis, as well as Professional’s supplemental gaps
analysis, will be added to provide further insights into the supply and demand for affordable
housing.
Homeless Needs (Consolidated Plan Template NA-40)
Professional will complete a Homeless Needs Table using the new IDIS format. Professional
will provide:
a concise summary of the nature and extent of sheltered and
unsheltered;homelessness, (including chronically homeless individuals and families,
families with children, veterans and their families, and unaccompanied youth);
the number of persons experiencing homelessness on a given night;
the number of persons who experience homelessness each year;
the number of persons that exit homelessness each year;
the number of days that persons experience homelessness, in accordance with
Template instructions; and
race and ethnicity of the sheltered and unsheltered homeless population.
At the present time, IDIS Online does not include homeless data because of inconsistent
reporting areas between the boundaries of the local Continuum reporting of Point in Time and
service data in the HMIS and the CDBG/HOME Jurisdictions. Professional will collect and use
this information for Fort Collins as a base for the homeless needs assessment section of the
report.
This summary will identify the characteristics and needs of low-income individuals and families
with children, who are currently housed but threatened with homelessness. Professional will
use information from the Point-in-Time study, and information gathered from local homeless
agencies to create this summary.
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Non-homeless Special Needs (Consolidated Plan Template NA-45)
Professional will estimate, to the extent practicable, the number of persons in various
subpopulations that are not homeless but may require housing or supportive services, including
the:
elderly;
frail elderly;
persons with disabilities (mental, physical, developmental, persons with HIV/AIDS and
their families);
persons with alcohol or other drug addiction;
victims of domestic violence; and
Public Housing residents.
Professional will provide narrative summaries of the characteristics of these populations, their
housing and supportive service needs of these special needs populations that can be entered
into Table NA-45.
Non-Housing Community Development Needs (NA-50)
Professional will describe the need for public facilities, public improvements, and public
services, including facilities and services for seniors, persons with disabilities, youth,
transportation services, employment training, housing counseling, mental health services,
childcare services, and others. Professional will discuss historic preservation needs within Fort
Collins and planning needs.
Housing Market Analysis (Consolidated Plan Template MA-05-MA-50)
The Consolidated Plan Market Analysis is meant to provide the basis for the Strategic Plan
portion of the Consolidated Plan. Professional will complete the Housing Market Analysis
section of our report in accordance with all requirements included in MA-05-MA50 screens as
prescribed in the Consolidated Plan Template.
Professional will describe the significant characteristics of the housing market in terms of
supply, demand, condition, and the cost of housing; the housing stock available to serve
persons with disabilities; and to serve persons with HIV/AIDS and their families. Professional
will provide estimates of the number of housing units by tenure, type and location, the price
range of housing available, the number and location of subsidized units, an analysis of planned
developments and how they will impact supply, and an evaluation of the age and condition of
existing housing by selected neighborhoods.
Professional will also provide an estimate,to the extent information is available, of the number of
vacant or abandoned buildings and whether units in these buildings are suitable for
rehabilitation.
Market Analysis Overview (Consolidated Plan Template MA-05)
Professional will summarize the key points and findings of the market analysis section. Included
in the overview will be:
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the significant characteristics of the Fort Collins housing market in general, including
supply, demand, condition and cost of housing;
the housing stock available to persons with disabilities;
the conditions and needs of Public Housing and assisted housing;
an inventory of facilities, housing and services that meet the needs of homeless persons;
the regulatory environment as it creates barriers to access affordable housing; and
economic data related to jobs and income.
Professional will coordinate with Fort Collins GIS staff to utilize existing mapping resources to
provide graphic representation of housing market conditions in the city. Additionally,
Professional will utilize its own GIS capabilities to create specialized maps to illustrate various
market conditions. When possible, Professional will draw on the CPD Maps HUD resources as
another way of providing in-depth information on sub-areas of the city that may reflect higher
housing needs or problems.
General Characteristics of the Housing Market (Consolidated Plan Template MA-10
through MA-20)
Professional will provide an inventory of the housing units in Fort Collins. That inventory will
include tabulations to provide:
all rental properties by number of units; and
unit size by tenure and price to determine the number of affordable owner units by
income.
Professional will also describe the number and targeting (income level and type of household
served) of units currently assisted by local, state, or federally funded programs in the city and
provide an assessment of whether any units are expected to be lost from the assisted housing
inventory for any reason (i.e. expiration of Section 8 contracts).
Professional will provide the following information to report on the cost of housing in Fort Collins:
cost of housing – Median Home Value and Median Contract Rent;
rent paid table;units affordable at households by income range; and
HUD Fair Market and HOME Rent Limits.
Professional will provide a narrative summarizing our findings and conclusions about the rental
market in Fort Collins that can be included in the MA-10 – MA-20 Tables.
Condition of Housing (Consolidated Plan Template MA-20)
Professional will provide a narrative on the condition of the housing stock with information on:
the condition of units;
year of construction;
risk of lead-based paint hazard;
vacant or abandoned units; and
REO Properties and Abandoned REO Properties (as available).
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Supplemental Data and Analysis:
Housing Problems: Using HUD data, local agency data, and public trustee data, Professional
will provide an analysis regarding the conditions of the housing inventory, the need for
rehabilitation of the current housing stock, specific community issues, and problems related to
evictions and foreclosures in the region.
Public and Assisted Housing (Consolidated Plan Template MA-25)
In cooperation with the Fort Collins Housing Authority, Professional will describe the needs of
Public Housing, including:
the number of Public Housing units and vouchers available in the city;
the physical condition of such units;
the restoration and revitalization needs of Public Housing projects within the city;
the number of families on Public Housing and tenant-based waiting lists;
results from the Section 504 needs assessment of Public Housing projects
located within the city; and
strategies by the Fort Collins Housing Authority to improve the living environment
of low and moderate income families living in Public Housing.
Homeless Facilities and Services (Consolidated Plan Template MA-30)
Professional will prepare an inventory of existing facilities, housing, and services in the City that
meet the needs of homeless persons, particularly chronically homeless individuals and families,
families with children, veterans and their families, and unaccompanied youth.
Supplemental Homeless Data and Analysis:
Professional will report on homeless facilities in Fort Collins by contacting homeless providers to
obtain the homeless facility inventory charts for emergency shelter facilities, transitional housing
units with supportive services, and permanent supportive housing for homeless individuals who
need supportive services to live independently. Professional will list the complementary
supportive services available to homeless families within Fort Collins, and those that are not but
are needed.
Special Needs Facilities and Services (Consolidated Plan Template MA-35)
Professional will describe the facilities and services that assist persons who are not homeless
but require supportive housing within Fort Collins.
Barriers to Affordable Housing (Consolidated Plan Template MA-40)
Professional will determine if the cost of housing or the incentives to develop, maintain, or
improve affordable housing create barriers to Fort Collins residents to obtaining affordable
housing. Such policies that will be examined include:
tax policy;
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land use controls;
zoning ordinances;
building codes;
fees and other charges for development;
growth limits; and
policies that affect the return on residential investment.
Non-Housing Community Development Assets (MA-45 – MA-50)
Economic Conditions. Professional will examine local economic conditions, major industries,
the labor force, and local economic development resources. Professional will examine the
location, type, growth potential and labor force needs of major industries and employers.
Professional will highlight employment trends that may result in increases or decreases in
housing demand.
Employment. Professional will use HUD provided data, information from the Colorado
Department of Labor and Employment, Claritas data, the State Demographer’s Office, BEA
Data, Colorado Office of Economic Development and International Trade, and local resources to
gather information related to:
historic, current and projected employment levels;
employment trends by industry;
wage trends by industry; and
trends in unemployment rates and employment.
Strategic Plan
Professional will create a Five-Year Strategic Plan that meets all HUD Consolidated Plan
requirements in IDIS. Professional will:
Identify priority needs and allocation priorities for HUD resources.
This section of the Strategic Plan will describe the reasons for assigning the priority given to
each category of priority needs (including the Needs Tables in IDIS), and identify any obstacles
to meeting underserved needs.
In addition, this section will describe the general priorities for allocating investment
geographically within the City and among priority needs, and the process that the City will use to
distribute funding resources.
Priority housing needs and activities will be specified in a narrative and in the Priority
Needs Table in IDIS, using the High, Medium, Low and No Priority labeling system.
Priority homeless needs will be presented, based upon the results of the Homeless Needs
section.
Priority housing and supportive needs for those with other special needs besides
homelessness will be specified.
Priority non-housing community development needs will be presented, with priorities
based upon the data collected to identify community development needs, and public input.
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Summarize Priorities and Specific Objectives
The Five-Year Strategic Plan section will also summarize priorities and specific objectives, and
describe how funds that will be made available will be used to address identified needs during
the five year planning timeframe. Each specific objective identified by Professional and City
staff will have proposed accomplishments and outcomes that will be achieved during specific
time periods. Professional will identify specific objectives under general outcome and objective
categories such as the availability and accessibility of affordable housing, sustainability of
decent housing, a suitable living environment, and economic opportunity. This Five-Year
Strategic Plan will be entered into the IDIS Tool, and include:
Geographic Priorities (if applicable);
Priority Needs;
Influence of Market Conditions;
Anticipated Resources;
Institutional Delivery System;
Goals;
Public Housing;
Barriers to Affordable Housing;
Homeless Strategies; and
Anti-Poverty Strategy.
HUD requires that Strategic Plans also outline actions to evaluate and reduce lead-based
paint hazards, and how lead-based paint hazards will be reduced through the local housing
policies and programs. Professional will include a section in the Strategic Plan that meets this
requirement.
Another requirement in the Strategic Plan is to describe the strategy to coordinate the Low-
Income Housing Tax Credit (LIHTC) Program with development of housing using HUD
resources. Professional will describe how the City will coordinate LIHTC resources with CDBG
resources, if relevant. Professional will identify potential funding sources available to the City
for housing related and community development activities. Professional will suggest financial
terms for CDBG and HOME projects, based on project type or other related factors.
Professional will also describe the standards and procedures the City will use to monitor its
housing and community development projects and ensure long-term compliance with program
requirements and comprehensive planning requirements.
Action Plan
After developing the Five-Year Strategic Plan, Professional will develop the Annual Action Plan,
which will summarize the actions, activities, and programs that will take place during the first
year of the Consolidated Plan. The Action Plan will be developed with City staff according to
HUD requirements. Professional will use the Consolidated Plan data, goals and objectives from
the Strategic Plan, input from agency interviews, public input, and City goals to create the Action
Plan in the IDIS template.
This section of the Consolidated Plan will include:
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Executive Summary
Professional will prepare an Executive Summary of the objectives and outcomes identified in the
plan.
Anticipated Resources
Professional will identify the sources and amounts of funding that will be used to meet annual
objectives, including CDBG and HOME funds, bonding authority, tax credits, state and other
resources. We will describe how HUD matching requirements will be met.
Annual Goals and Objectives
Using the Five-Year Strategic Plan objectives, Professional will work in collaboration with the
City of Fort Collins to create annual objectives for the first Program Year. Each annual objective
will contain proposed accomplishments and outcomes according to the IDIS Goal Outcome
Indicators.
Projects
The Action Plan will provide a concise summary of the eligible programs or activities that will
take place during the Program Year to address the priority needs and specific objectives
identified in the Strategic Plan. These are each all Projects in IDIS.
Geographic Distribution
The Action Plan will identify the geographic areas of the City in which the City will direct
assistance during the year.
Annual Affordable Housing Goals
Professional will work with the City to specify one-year goals for the number of homeless, non-
homeless, and special needs households to be provided affordable housing if applicable .
Activities could include production of new units, rehabilitation of existing units, or acquisition of
existing units.
Homeless and other Special Needs
Annual activities to address the emergency shelter and transitional shelter needs of homeless
persons, potentially homeless persons, and homeless prevention activities will be described in
the Annual Plan, if relevant. Professional will describe planned actions to address
homelessness.
Other Actions
Other actions are also required in the Annual Plan to address objectives regarding these issues
in the Strategic Plan. Professional will complete the “Other Actions” section of the Annual Plan
in coordination with City staff. These include:
obstacles to meeting underserved needs;
foster and maintain affordable housing;
remove barriers to affordable housing;
evaluate and reduce lead based paint hazards;
reduce the number of poverty level families;
develop institutional structure;
enhance coordination between public and private housing and social service agencies;
and
foster public housing resident initiatives.
Professional will load all required attachments into the IDIS template, and also provide the
following attachments:
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source documentation and data;
interim reports, memorandums, addendums, etc.;
public announcements and proof of publications;
information packets, survey results, focus group summaries, and other handouts from
public meetings
formalized notes from events;
copied of written public comments, summaries of verbal comments, and responses;
presentation materials for focus groups and public hearings; and
SF 424 form and Certifications
C. Final HUD Approval
Should HUD not grant Final Approval of the Consolidated Plan, the Consultant must bring
the document to an acceptable level within the HUD-designated time frame. Addendum A:
add-on 1st Year Annual Action Plan—same requirements.
D. Implementation Time Frames
THE FOLLOWING PRELIMINARY SCHEDULE MAY BE ALTERED AT ANY TIME
WITHOUT PRIOR NOTIFICATION.
Contract Start Date October, 2014
Draft Consolidated Plan Available for Staff Review March 15, 2015
Draft Consolidated Plan back to Consultant for Final
Public Review Preparation
April 7, 2015
Draft Consolidated Plan Available for 30-Day Public
Review (includes review by appropriate Boards and
Commissions)
April 20 – May 19, 2015
City Council Hearing & Adoption of Spring 2015
Funding Allocation Recommendations
May 19, 2015
Public Hearing for Draft Consolidated Plan May 19, 2015
Consultant Preparation of Final Consolidated Plan May 20 – June 30, 2015
Final Consolidated Plan Complete July 1, 2015
Graphics and Document Production Work Complete
on Final Consolidated Plan (City Staff)
July 30, 2015
Submittal of Consolidated Plan and First Year
Annual Action Plan to HUD
ADDENDUM A: 1st Year Annual Action Plan
Draft 1st Year Annual Action Plan Available for Staff
Review
Draft 1st Year Annual Action Plan Complete
30-Day Public Comment Period for 1st Year Annual
Action Plan
Graphics Work and Document Production Work
Complete on 1st Year Annual Action Plan (City Staff)
August 1, 2015
April 11, 2015
May 31, 2015
June 1 – June 30, 2015
July 30, 2015
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Submittal of 1st Year Annual Action Plan to
HUDProject Timeline: Professional plans to meet
thetimeline laid out in the RFP, and is used to
producing planning documents for HUD within
required timeframes.
August 1,2015
E. Social Sustainability Staff Responsibilities
The Social Sustainability Staff Team and the Point of Contact (POC) person (a Grant
Programs Administrator) will be available on a limited and negotiated basis to coordinate
activities with the consultant. At a minimum, staff will be available for bi-weekly
meetings with the Consultant to review progress, coordinate activities, and discuss
policy issues. Members of the Staff Team may include: the Department Director, at least
one Grant Programs Administrator, the Affordable Housing Administrator, and the Social
Sustainability Specialist assigned to affordable housing policy items. City staff will also
assist with providing required comments to public comments made. The City will provide
for the cost of public notifications for the public review comment period.
F. Budget
The City of Fort Collins has approximately FORTY THOUSAND ($40,000) DOLLARS
budgeted for this project. That amount INCLUDES the acceptable development,
production, delivery and submittal of ADDENDUM A, the 1st Year Annual Action Plan.
Proposal submittal costs should primarily contain labor costs, and allow for a small
amount of mileage and operational incidentals. The City is able to provide some in-kind
assistance for such items as copying, graphics work, and required newspaper notices for
public hearings and review periods. The City is amenable to negotiating a reasonable
additional budget amount for the Citizen Participation and stakeholder requirements of
this project. Proposals should clearly delineate the consultant’s responsibility,
interaction, and availability for the various Citizen Participation components required for
this project, both in terms of time commitment and number of meetings/presentations.
Estimated Hours by Task
Task Hours/Task
Kick off Meeting, Reviews with Key Staff and Representatives 12
Key Informant Interviews 36
Data Collection and Analysis - supplemental data 56
Resident Survey 31
Draft Needs Asss/Market Analysis Sections, HUD Tables 40
Focus Groups 30
Preparation of Draft Strategic Plan Section 43
Preparation of Annual Action Plan 32
Preparation of Final 5 Year Plan Report 24
Public Hearings 30
Coordination Meetings, Communication 40
Summary of Hours 374
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Schedule of Rates
The following is the CSI rate sheet:
Tom Hart $ 110
Jennie Rodgers $ 110
Annette Boyer $ 75
Jay Kenney $ 100
Rachel Rohner $ 110
Paula Lundquist $ 30
Cost by Tasks
Task Cost/Task
Kick off Meeting, Reviews with Key Staff and
Representatives $1,426
Key Informant Interviews $3,672
Data Collection and Analysis - supplemental data $4,687
Resident Survey $2,738
Draft Needs Asss/Market Analysis Sections, HUD
Tables $3,996
Focus Groups $3,564
Preparation of Draft Strategic Plan Section $4,158
Preparation of Annual Action Plan $3,802
Preparation of Final 5 Year Plan Report $2,851
Public Hearings $3,186
Coordination Meetings, Communication $4,752
Summary of Hours $38,831
Total Budget
Consolidated Plan $38,730
Translation $250
Online Surveys $180
Travel $815
Total Cost $39,975
G. Professional’s Project Team
The City of Fort Collins team will be lead by Tom Hart and Jennie Rodgers, Directors. The CSI
Directors will be joined by Associates Annette Boyer, Rachel Rohner, and Jay Kenney, as well
as support staff Paula Lundquist. Annette Boyer is responsible for demographic data, other
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data review and collection, and review of CHAS and HUD eCon Planning Suite data. Rachel
Rohner will oversee the surveys and conduct housing research and interviews for project. Jay
Kenney will produce maps of relevant data in GIS. Paula Lundquist is a research assistant and
assists coordinating meetings and forums. The team has worked together on numerous
Housing Needs Assessments, Consolidated Plans, Analysis of Impediments and Market Studies
throughout the western United States and each is a strong performer on past projects. Ms.
Rohner, Ms. Boyer, and Ms. Lundquist will be assigned to this project part time as needed.
Organizational Chart
Directors Hart
and Rodgers
Annette Boyer,
Demographics
Rachel Rohner,
Housing
Associate
Jay Kenny, GIS
Paula Lundquist,
Research
Assistant
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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:
1. 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.
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EXHIBIT C
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.
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EXHIBIT D
FEDERAL TERMS AND CONDITIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
SECTION 1. COMPLIANCE WITH LAWS.
(A) The Professional, in performance of this Agreement, agrees to comply with all
applicable Federal, State and Local Laws and ordinances, and the rules and regulations
promulgated by the U.S. Department of Housing and Urban Development, including but not
limited to the requirements of Title 24 Code of Federal Regulations, Part 570, of the Housing
and Urban Development regulations concerning Federal Community Development Block Grant
Regulations, Title II of the Cranston-Gonzales National Affordable Housing Act and all federal
regulations and policies issued pursuant to these regulations; and other policies and guidelines
established for the City of Fort Collins CDBG Program. Professional agrees to comply with all
provisions of the Americans with Disabilities Act and all regulations interpreting or enforcing
such act.
(B) The Professional shall carry out each activity in compliance with all Federal laws
and regulations described in Subpart K of 24 CFR 570 (Other Program Requirements),
regardless if the law is specifically stated in this Agreement, except that the Professional does
not assume the City’s environmental responsibilities described in Section 570.604; and the
Professional does not assume the City’s responsibility for initiating the review process under
Executive Order 12372.
(C) The Professional agrees to comply with all applicable Federal, State, County or
Municipal standards for licensing, certification and operation of facilities and programs, and
accreditation and licensing of individuals, and any other standards or criteria as described in the
Agreement to assure quality of services; and the Professional agrees to obtain, at its own
expense, all necessary licenses and permits.
In the event of an investigation pertaining to, or a suspension of any license or permit related to
the services for which the City is providing funding under this Agreement, the City may
terminate this Agreement and withhold all further funds, and may require the Professional to
remit to the City all (or a portion of) the funds theretofore received under this Agreement. The
City may also declare the Professional ineligible for any further participation in City Community
Development Block Grant (CDBG), HOME Investment Partnership, Affordable Housing Fund
(AHF), Human Services Program (HSP), and/or Keep Fort Collins Great (KFCG) Agreements.
SECTION 2. FEDERAL STANDARDS FOR EMPLOYMENT PRACTICES
Professional shall comply with Executive Order 11246 as amended by Executive Order
12086 and the regulations issued pursuant thereto (41 CFR Chapter 60) will not discriminate
against any employee or applicant for employment because of race, color, creed, religion,
ancestry, national origin, sex, disability or other handicap, age, marital status, or status with
regard to public assistance. Professional will take affirmative action to ensure that all
employment practices are free from such discrimination. Such employment practices
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include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment
or recruitment advertising, layoff, termination, rates of pay or other forms of compensation
and selection for training, including apprenticeship.
Professional agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of this nondiscrimination clause.
Professional will, in all solicitations or advertisements for employees placed by or on behalf
of Professional, state that it is an Equal Opportunity or Affirmative Action Employer.
Where employees are engaged in activities not covered under the Occupational Safety
and Health Act (OSHA) of 1970, they shall not be required or permitted to work, be trained or
receive services in buildings or surroundings or under working conditions which are unsanitary,
hazardous or dangerous to the participants’ health or safety.
SECTION 3. LOCAL EMPLOYMENT AND PURCHASING
Funding under this agreement is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 USC 1701u. Professional agrees to
comply with provisions of said Section 3 and the regulations issued pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable
rules and orders of the Department of Housing and Urban Development issued thereunder.
Professional agrees that it is under no contractual or other disability which would prevent it from
complying with these requirements.
Section 3 requires that to the greatest extent feasible, opportunities for training and
employment be given to lower income residents of the project area and agreements for work in
connection with the project be awarded to business concerns which are located in or owned in
substantial part by persons residing in, the area of the project. Section 3 applies to training,
employment, contracting and other economic opportunities arising in connection with the
expenditure of housing assistance and community development assistance that is used for the
following projects: 1. Housing rehabilitation (including reduction and abatement of lead based
paint hazards, but excluding routine maintenance, repair and replacement); 2. Housing
construction; and 3. Other public construction.
SECTION 4. FEDERAL STANDARDS FOR MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISES
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Professional will use its best efforts to afford minority and women-owned business
enterprises the maximum practicable opportunity to participate in the performance of this
Agreement. As used in this Agreement, the term "minority and female business enterprise"
means a business at least fifty-one (51) percent owned and controlled by minority group
members or women. For the purpose of this definition, "minority group members" are Afro-
Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-
Americans and American Indians. Professional may rely on written representations by its
subcontractors regarding their status as minority and female business enterprises in lieu of
an independent investigation.
SECTION 5. CONFLICT OF INTEREST
No member, officer, or employee of Professional, or its designees or agents, who
exercises any function or responsibilities with respect to the program during his tenure or for
one year thereafter, shall have any interest, direct or indirect, in this Agreement or any
Subagreement, hereto or the proceeds thereof. Any potential conflict on the part of any of these
parties shall be disclosed to representatives of the City’s CDBG Program or the City Attorney’s
Office.
SECTION 6 DAVIS BACON AND RELATED ACTS
Professional shall comply with the requirements of the Davis-Bacon and Related Acts
(DBRA) when the contract for construction, alteration, and/or repair exceeds $2,000, is federally
assisted, and involves the employment of laborers and/or mechanics to perform the work.
SECTION 7. DISCRIMINATION PROHIBITED
(A) Professional agrees to comply with Title VI of the Civil Rights Act of 1964 as
amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109
of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of
the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478 and 12086.
Professional shall not, on the grounds of race, color, national origin, religion, creed, disability,
age, sex, actual or perceived sexual orientation, gender identity, marital status, or familial
status:
(1) Deny a qualified individual any facilities, financial aid, services or other benefits
provided under this Agreement;
(2) Provide any facilities, services, financial aid, or other benefits which are different,
or are provided in a different manner, from those provided to others under this
Agreement;
(3) Subject an individual to segregated or separate treatment in any facility in, or in
any matter if process related to receipt of any service or benefit under this
Agreement;
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(4) Restrict an individual in any way in access to, or in the enjoyment of any
advantage or privilege enjoyed by others in connection with any service or
benefit under this Agreement;
(5) Treat anyone differently from others in determining if they satisfy any admission,
enrollment, eligibility, membership or other requirement or condition which the
individual must meet to be provided a service or benefit under this Agreement;
(6) Deny anyone an opportunity to participate in any program or activity as an
employee that is different from that afforded others under this Agreement.
Professional shall:
(1) Develop and provide to the City in writing, a Title VI Plan describing how the
Professional will implement compliance with Title VI, and a Language Access
Plan, describing how the Professional will provide meaningful language access to
persons with limited English proficiency. Both Plans are subject to approval by
the City; and
(2) Post written notice of non-discrimination in its facilities and make available to its
clients a Title VI complaint form, in a form reasonably acceptable to the City.
(B) Professional shall abide by all applicable provisions of Section 504 of the HEW
Rehabilitation Act of 1973 as amended (implemented in 24 CFR part 8) prohibiting
discrimination against handicapped individuals, and the Age Discrimination Act of 1975
(implemented in 24 CFR part 146) prohibiting discrimination on the basis of age, either through
purpose or intent.
(C) If assignment and/or subcontracting has been authorized in writing, said
assignment or subcontract shall include appropriate safeguards against discrimination in client
services binding upon each contractor or subcontractor. Professional shall take such action as
may be required to ensure full compliance with the provisions of this section, including sanctions
for noncompliance.
(D) In providing services utilizing CDBG funds the Professional agrees that:
(1) It will not discriminate against any employee or applicant for employment on the
basis of religion and will not limit employment or give preference in employment
to persons on the basis of religion;
(2) It will not discriminate against any person applying for such public services on the
basis of religion and will not limit such services or give preference to persons on
the basis of religion;
(3) It will provide no mandatory religious instruction or counseling, conduct no
religious worship or services, engage in no religious proselytizing, and exert no
other religious influence in the provision of such services;
SECTION 8. BENEFIT TO LOW INCOME PEOPLE
If Professional is providing direct benefit services, Professional shall provide such
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services to benefit extremely low, very low, and low income persons to the maximum extent
feasible (but not less than 51%). Individual persons or families provided a specific direct benefit
or service must qualify under current income eligibility limits (% of AMI) as established by HUD.
Any deviation can be made only if it is clear that the service or benefit, to a person whose
income exceeds very low and low income persons, is otherwise necessary as an integral part of
the activity. The Professional shall maintain records that clearly document the income range
and household size of the persons it serves. Furthermore, the Professional shall maintain
records documenting if the person being served is a female or male head of household, is an
ethnic/racial minority, and/or has a disability.
SECTION 9. PROOF OF LAWFUL PRESENCE
Professional acknowledges that the City’s Competitive Process funds are a “public benefit”
within the meaning of C.R.S. § 24-76.5-102. As such, if the Professional is using the funds
received to provide a public benefit to individuals, the Professional shall ensure compliance
with C.R.S. § 24-76.5-103 of State statute by performing the required verifications. Specifically,
when required the Professional shall ensure that:
a. if the public benefit provided by the funds flows directly to a natural person (i.e.,
not a corporation, partnership, or other legally-created entity) 18 years of age or older, he/she
must do the following:
(i) complete an affidavit attached to this Agreement as a template, Attachment A.
(ii) attach a photocopy of the front and back of one of the following forms of
identification: a valid Colorado driver’s license or Colorado identification card; a
United States military card or military dependent’s identification card; a United
States Coast Guard Merchant Mariner identification card; or a Native American
tribal document.
b. If an individual applying for the benefits identified herein executes the affidavit
stating that he/she is an alien lawfully present in the United States, Professional shall verify
his/her lawful presence through the federal systematic alien verification or entitlement program,
known as the “SAVE Program,” operated by the U.S. Department of Homeland Security or a
successor program designated by said department. In the event Professional determines
through such verification process that the individual is not an alien lawfully present in the United
States, the Professional shall not provide benefits to such individual with the City’s Competitive
Process funds.
The City acknowledges that the Scope of Services provided by Professional herein may
fall within several exceptions to the verification requirements of C.R.S. § 24-76.5-103 for non-
profits. For example, certain programs, services, or assistance such as, but not limited to, soup
kitchens, crisis counseling and intervention, short-term shelter or prenatal care are not subject
to the verification requirements of C.R.S. § 24-76.5-103.
SECTION 10. CITIZEN AND CLIENT PARTICIPATION
If applicable to its scope of services, the professional will have processes in place
(satisfaction surveys, Board representation, grievance procedures, etc.) which receive,
document and utilize the input from low-income persons potentially benefiting or affected by the
program or project covered under this Agreement.
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SECTION 11. ARCHITECTURAL BARRIERS ACT/AMERICANS WITH DISABILITIES ACT
Professional shall meet the requirements, where applicable, of the Architectural Barriers
Act and the Americans with Disabilities Act, as set forth in 24 CFR 570.614. A building or facility
designed, constructed, or altered with funds allocated or reallocated under the CDBG program
after December 11, 1995 and that meets the definition of “residential structure” as defined in 24
CFR part 40.2 or the definition of “building” as defined in 41 CFR part 101-19.602(a) is subject
to the requirements of the Architectural Barriers Act of 1968 (42 USC 4151-4157) and shall
comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR part 40 for
residential structures, and Appendix A to 41 CFR part 101-19, subpart 101-19.6, for general
type buildings). The Americans with Disabilities Act (“ADA”) (42 USC 12131; 47 USC 155, 210,
218 and 255) requires that the design and construction of facilities for first occupancy after
January 26, 1993 must include measures to make them readily accessible and usable by
individuals with disabilities. The ADA further requires the removal of architectural barriers and
communication barriers that are structural in nature in existing facilities, where such removal is
readily achievable--that is, easily accomplishable and able to be carried out without much
difficulty or expense.
SECTION 12. LEAD BASED PAINT
Professional shall comply with HUD Lead-Based Paint Regulations (24 CFR Part 35 et
seq.) issued in the Federal Register, September 15, 1999, which require elimination, as far as
practical, of immediate hazards due to the presence of paint in residential structures that may
contain lead to which children under seven years of age may be exposed.
SECTION 13. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
(A) All costs shall be supported by properly executed payrolls, time records, invoices,
vouchers or other official documentation, as evidence of the nature and propriety of the charges.
All accounting documents pertaining in whole or in part to this Agreement shall be clearly
identified and readily accessible, and upon reasonable notice, the City and United States
Department of Housing and Urban Development shall have the right to audit the records of the
Professional as they relate to the work. The Professional shall also:
(1) Maintain an effective system of internal fiscal control and accountability for all
CDBG funds and property acquired or improved with CDBG funds, and make
sure the same are used solely for authorized purposes.
(2) Keep a continuing record of all disbursements by date, check number, amount,
vendor, description of items purchased and line item from which money was
expended, as reflected in the Professional’s accounting records. The line item
notations must be substantiated by a receipt, invoice marked “Paid,” or payroll
record.
(3) Maintain payroll, financial, and expense reimbursement records for a period of
five (5) years after receipt of final payment under this Agreement.
(4) Permit inspection and audit of its records with respect to all matters authorized by
this Agreement by representatives of the City, the State Auditor or the United
States Department of Housing and Urban Development at any time during
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normal business hours and as often as necessary.
(5) Inform the City concerning any funds allocated to the Professional that the
Professional anticipates will not be expended during the Agreement period, and
permit reassignment of the same by the City to other subrecipients.
(6) Repay to the City any funds in its possession at the time of termination of this
Agreement that may be due to the City or the United States Department of
Housing and Urban Development.
(7) Maintain complete records concerning the receipt and use of all program income.
Program income shall be reported on a monthly basis on forms provided by the
City.
(8) By executing this Contract, Professional verifies and affirms that it has not been
suspended or debarred from participating in or receiving federal government
contracts, subcontracts, loans, grants or other assistance programs.
(B) In the event the City or United States Department of Housing and Urban
Development determines any funds were expended by the Professional for unauthorized or
ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or
United States Department of Housing and Urban Development may order repayment of the
same. The Professional shall remit the disallowed amount to the City within thirty (30) days of
written notification of the disallowance.
(1) The Professional agrees that funds determined by the City to be surplus upon
completion of the Agreement will be subject to cancellation by the City.
(2) The City shall be relieved of any obligation for payments if funds allocated to the
City cease to be available for any cause other than misfeasance of the City itself.
(3) The City reserves the right to withhold payments pending timely delivery of
program reports or documents as may be required under this Agreement.
SECTION 14. DISPLACEMENT, RELOCATION, ACQUISITION AND REPLACEMENT OF
HOUSING
If applicable, the Professional shall comply with the requirements relating to
displacement, relocation, acquisition and replacement of housing (24 CFR Part 570.606).
Displacement of persons (families, individuals, businesses, non-profit organizations and farms)
as a result of activities assisted with CDBG funds is generally discouraged.
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ATTACHMENT A
AFFIDAVIT TEMPLATE FOR PROOF OF LEGAL PRESENCE
AFFIDAVIT PURSUANT TO C.R.S.24-76.5-103
I, _____________________________________, swear or affirm under penalty of perjury
under the laws of the State of Colorado that (check one):
_____ I am a United States citizen, or
_____ I am a Permanent Resident of the United States, or
_____ I am lawfully present in the United States pursuant to Federal law.
I understand that this sworn statement is required by law because I have applied for a
public benefit. I understand that state law requires me to provide proof that I am lawfully present
in the United States prior to receipt of this public benefit. I further acknowledge that making a
false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable
under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute
18-8-503 and it shall constitute a separate criminal offense each time a public benefit is
fraudulently received.
____________________________________ ___________________________
Signature Date
INTERNAL USE ONLY: Valid Forms of Identification
current Colorado driver’s license, minor driver’s license, probationary driver’s license, commercial driver’s license,
restricted driver’s license, instruction permit
current Colorado identification card
U.S. military card or dependent identification card
U.S. coast guard merchant mariner card
Native American tribal document
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Tom Hart
8/22/2014
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COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT
DIVISION OF WORKERS' COMPENSATION
REJECTION OF COVERAGE BY CORPORATE OFFICERS OR MEMBERS OF A LIMITEI}
LIABILITY COMPANY (LLC)
PART B - Corporate Officer or LLC Member Questionnaire
IMPORTANT: A separate Part B MUST be completed by everv person listed in Part A.
Community Strategies Institute
I . Name of Corporation or LLC
2. Mailing Address Box
140387
Street or P.O. Box. UniVSuite
Edeewater Co
City S
J.
zip
Hart
3. Officer or MemberName
4. Corporate Oflicer Title
First Middle Last Suffix (Jr., Sr., IIf
President 5. Business Phone Qo3) 902-9028
6. Date Officer/lvfember Elected 03/23/07
7. Duties performed for Corporation or LLC
8. Mark ONE that Applies:
management and consulting with clients
ffi I
hereby elect to reject workers' compensation insurance coverage based on C.R.S. 8-41-202 (Non-agricultural).
By signing this form, you ar€ acknowledging your rejeetion of all benelits under the Workers' Compensation Act. You
are further acloowledging that you are an owner of at least 107o of the stock of the corporation or at least 10olo of the
membership interest of the LLC at all times, g4! controln supervise or manage the business affairs of the corporation or
LLC. The election to reject workers' compensation insurance as a corporate oflicer/LlC member must be voluntary
and cannot be a condition of your employment.
9. Notary
Subscribed and sworn to be before this ltr day of
.
t
SEAL
and b {-o*er2 es State
My commission expires a/6
my pre,vjously filed
rejection of coverage.
.R.S. Section le1-l?8(6Xa)
Colorado
iltoasr
rtment
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