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HomeMy WebLinkAboutProfessional Services Agreement with BBC Research & Consulting for 5 Year Community Development PlanAGREEMENT FOR PROFESSIONAL SERVICES FIVE YEAR COMMUNITY DEVELOPMENT PLAN (Project No. 6003.10278) THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 16th day of August, 2011, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and BBC Research & Consultina, hereinafter referred to as "CONSULTANT", whose business address is 3773 Cherry Creek North Drive, Suite 850, Denver, CO 80209.. INTRODUCTION Whereas, the City has a need for services involving Community Development Planning Services; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services° a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Five Year Community Development Plan — page 1 of 13 Project No. 6003.10278 Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a royalty -free, non- exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. . Consideration 2.1 The Consultant shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for a Not -To -Exceed amount of $25,000. 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form Five Year Community Development Plan — page 2 of 13 Project No. 6003.10278 of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. . Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2011 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5_ Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or Five Year Community Development Plan — page 3 of 13 Project No. 6003.10278 occurrence, Professional Liability 1 Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 BBC Research & Consulting Attn: Heidi Aggeler 3773 Cherry Creek North Drive, Ste. 850 Denver CO 80209-3868 Ph. (303) 321-2547 aggeler(&bbcresearch.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Five Year Community Development Plan — page 4 of 13 Project No. 6003.10278 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Five Year Community Development Plan -- page 5 of 13 Project No. 6003.10278 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at anytime by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or Five Year Community Development Plan — page 6 of 13 Project No. 6003.10278 enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: �, r�,J KEIT , TT , P RCHA ING MANAGER Dated: 0/- z3 `! 1 DepartIALR7ppr oval BY: NAME: _ _-±fieA _era C. Cgs$ TITLE: r µor kc& Dated: --- -- - Approved as to Form CITY ATTORNEY BBC RESEARCH & CONSULTING BY: Dated Dler lyre Five Year Community Development Plan — page 7 of 13 Project No. 6003.10278 Attachment A SCOPE OF SERVICES Task A — Project scoping and initiation. Our first task would be to hold a project initiation conference call, where we would walk through the project scope. We would also collect information and documents needed for the study, including: • Clarification of the workscope for both the Al and Consolidated Plan; • Information about the city's current investment in housing, community development and fair housing activities, as well as any concerns the city has about housing problems; • Identification of all organizations and individuals who should be included in the stakeholder focus group if one is conducted by BBC and/or interviews; • Current zoning, land use regulations and housing policies and ordinances; and • All relevant studies and reports (e.g.; transportation/housing/employment linkage studies, affordable housing studies, demographic analyses, community development needs assessments). Timeframe: This call shall be conducted the week of August t 22. Task B — Public participation. BBC or the City of Meridian would conduct the public participation tasks needed to get stakeholder and resident input for the reports. These might include: L Stakeholder survey. In this subtask, we would circulate the survey instrument used in the statewide Al to stakeholders, with the city's assistance. We would compare the results from the Meridian survey to those from the results of the statewide survey. BBC shall present a draft survey instrument to the City shortly after the project initiation call. The Survey shall run between September 15 and October 15. 1111. Public survey. In this subtask, we would make available online, through email and in hard copy to social service agencies and housing nonprofits a survey that asks residents about their experience finding affordable housing and identifies primary barriers to housing choice. If the city has the capacity to assist in the survey distribution, we would ask the city to leave copies of the survey (provided by BBC) at community centers, libraries, areas of worship, etc. BBC would provide postage -free envelopes for survey return. BBC shall present a draft survey instrument to the City sh shortly after the project initiation call. The Survey shall run between September 15 and October 15. Five Year Community Development Plan — page 8 of 13 Project No. 6003.10278 iii. Stakeholderfocus group. BBC would conduct a focus group and key person interviews, as needed, with persons knowledgeable about housing transactions and fair housing in the city, in addition to the needs of special needs populations. These key people would include representatives of fair housing organizations, advocacy groups, housing providers and developers, social service providers, real estate professionals, lenders and others. We would develop focus group and interview scripts and review them with the city prior to conducting the focus/group interviews. The city would assist us in identifying candidates for the focus group and with interviews, as well as scheduling the venues. We would use the information from the focus group to complete the housing and homeless needs sections of the Consolidated Plan, in addition to the Al. Schedule TBD, depending on City/Stakeholder schedules. Task C — Data collection and research. This task would involve several subtasks as required by HUD's Consolidated Plan and Al regulations: L Protected class concentration (Al). Using data from the 2010 Census, we would map and analyze areas of racial and ethnic concentration, concentrations of poverty, areas where persons with disabilities live and areas where single parents live in your community by Block Group. If data are available from the city, we would overlay the location of community services (e.g., public transit, parks and recreation, health clinics) with measures of income and race/ethnicity to identify any concerns in equity of service location and provision. iii. Housing market analysis (Consolidated Plan). For preparation of this section, we will incorporate primary data whenever available e.g., pricing from home sale data, condition problems from the resident survey. In some cases, we will need the city to help us obtain the data, as indicated below. This section will provide: . If we are able to obtain (with the city's help) MLS data on home sales, a distribution of current sales/listings, median and averages compared with 5 years ago and an assessment of how affordability has changed; . The number of building permits issued (data from the city) and trends in volume over the past 5 years, as available; . If foreclosure data are available from sources other than HUD, a map showing where foreclosed homes are located and trends on the number and proportion of foreclosed homes during the past 5 years; . Vacancy rates from the 2010 Census; . The current number and percentage of for sale and rental units affordable to households by HUD MFI category and identification of which units are assisted housing (using HUD databases and information from the public housing authority and the city); Five Year Community Development Plan — page 9 of 13 Project No. 6003.10278 An assessment of overall housing condition and the number of units that are deemed "unlivable" and in need of substantial repair by their occupants with the types of repairs needed (based on Census data and the resident survey, if conducted); . An estimate of housing affordability, including households that can afford the median rent and home price, as well as those households that are cost burdened and severely cost burdened; and . An assessment of the current and projected (5 year) availability of housing for special needs populations. These projections will use our current estimates and project them forward given likely growth rates. Finally, this section will address the additional HUD requirements for housing market analyses. This would include the following: . An indication of racial and ethnic groups that have disproportionately greater housing needs; and . A discussion of lead-based paint hazards in the city's housing stock and a map of areas that are at risk of lead-based paint hazards, along with an estimate of the number of housing units occupied with low and moderate income families with lead-based paint hazards. Timeline: The completion of these tasks and subtasks will occur between October 2011 and February 2012 and depend on the release of Census data. iii. Homeless needs and non -homeless special needs (Consolidated Plan). The homeless section will contain a summary of the state and extent of homelessness in the city using the latest Point -In -Time counts and surveys. We will consult closely with the public agencies which provide assistance to persons who are homeless and are at -risk of homelessness to develop the narrative for this section. The homeless needs section will also contain an inventory of facilities and services that assist homeless persons and subpopulations. The non -homeless ("special needs") section will describe the size and characteristics of special needs populations and will summarize the facilities serving them (these will include elderly, frail elderly, persons with disabilities, persons with substance abuse, persons with mental illness, victims of domestic violence, at -risk youth and public housing residents). Both the homeless and non- homeless special needs sections will also include completion of the required homeless and non -homeless special needs tables, which show the gap between supply and demand for housing and supportive services, Timeline: We will begin the non -homeless special needs section in the fall of 2011 by conducting interviews in conjunction with the stakeholder focus group. The timeframe for the homeless needs section will depend on updated homeless counts and progress on fulfilling 10 year plans to end homelessness. Five Year Community Development Plan — page 10 of 13 Project No. 6003.10278 iv. Zoning, land use and housing policy review (Al). In this Task, BBC shall review the analysis conducted by the City of City zoning, land use, planning and housing policy plans, ordinances and regulations; for potential barriers to fair housing and fair housing concerns.. The zoning review will be conducted by the city and reviewed by BBC on or before February 2012. V. Fair lending analysis (Al). For this subtask, we would begin by conducting a review of Home Mortgage Disclosure Act (HMDA) data to identify areas with fair lending concerns, including areas where subprime loans are concentrated. We would map areas of disinvestment/low loan originations and subprime lending overlain with race/ethnicity and income. We would also identify the primary reasons for loan rejections. This task would occur in February 2012. vi. Complaint and legal analysis (AI). In this subtask, the project team would collect data from HUD and any organizations that accept complaints from city residents on alleged violations of the Fair Housing Act. We summarize overall trends in fair housing complaints. We would also analyze all recent and current lawsuits related to the Fair Housing Act and violations of the Americans with Disabilities Act. This task would occur in January 2012. Task D — Conclusions and draft Fair Housing Action Plan. For development of the Fair Housing Action Plan, BBC would draft a section identifying fair housing impediments in the city and, after the city has reviewed the entire draft report, hold a conference call to discuss how the city should address the fair housing impediments. We would also discuss how other players in the community should be involved in carrying out the Fair Housing Action Plan and explore strategies to engage these organizations and individuals. BBC anticipates providing this memo to the City in March 2012. HUD advises that the Al be available for a 30 -day comment period and be reviewed by the public and stakeholders. If desired, BBC would be available for a presentation during this comment period. Task E — Submission of Consolidated Plan portions and Al. In this final task we would prepare a final Al report for approval by city council. The project team would provide the city with 10 hard copies of the report and one electronic copy in Adobe Acrobat format. We would submit copies of the Housing Market Analysis and Housing and Homelessness Needs sections to the city in MS Word format with the tables in Excel for ease of incorporation into the city's Consolidated Plan. BBC would provide the city with draft work products in on or before April 30, 2012. Five Year Community Development Plan — page 11 of 13 Project No. 6003.10278 Five Year Community Development Plan -- page 12 of 13 Project No. 6003.10278 Attachment B PAYMENT SCHEDULE FIVE YEAR COMMUNITY DEVELOPMENT PLAN A. Total and complete compensation for this Agreement shall not exceed $25,000 excluding travel expenses. Fees will be billed monthly for completed tasks only, per the following schedule of values. TASK DESCRIPTION AMOUNT A. Project scoping and initiation $600.00 B. Public participation i Stakeholder Survey $1,500.00 ii Public Survey (mail) $2,000.00 iii Stakeholder Focus Group (one) $3,000.00 C. Data Collection and Research i. Protected Class Concentrations $3,000.00 ii. Housing Market Analysis $6,000.00 iii. Homeless needs and non -homeless special needs (Consolidated Plan $3,500.00 iv. Zoning, Land Use and Housing Policy Review $1,000.00 iv. Fair Lending Analysis $2,000.00 v. Complaint and Legal Analysis (captured from State study) NIC D. Conclusions and Draft Fair Housing Action Plan $2,400.00 E. Submission of Consolidated Plan Portions Incl. TOTAL $25,000.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Five Year Community Development Plan — page 13 of 13 Project No. 6003.10278