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HomeMy WebLinkAboutResolution - 2008-R0309 - Contract Agreement With BBC Research And Consulting BBC) - 08_28_2008Resolution No. 2008-RO309 August 28, 2008 Item No. 5.6 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Agreement with BBC Research and Consulting, (BBC) to retain their services to perform a Consolidated Plan for the City of Lubbock, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 28th day of August , 2008. TOM MARTIN, MAYOR ATTEST: Garza, City APPROVED AS TO CONTENT: Bill Howerton, Jr. Community Development Director APPROVED AS TO FORM: ccdocs/Agrmnt.BBC Research & Consulting.res Aug 18, 2008 Resolution No. 2008—RO309 CONTRACT AGREEMENT BETWEEN City of Lubbock, Texas 162513th Street P. O. Box 2000 Lubbock, Texas 79457 AND BBC RESEARCH & CONSULTING 3773 Cherry Creek North, Suite 850 Denver, Colorado 80209 THIS AGREEMENT is entered into this 28th day of August, 2008 between the City of Lubbock and BBC Research and Consulting (BBC). WHEREAS, the City of Lubbock desires to retain the services of BBC to perform a Consolidated Plan for the City of Lubbock, and WHEREAS, the City of Lubbock has determined BBC is capable of performing and agrees to perform these services, so therefore, the City of Lubbock and BBC mutually agree as follows: ARTICLE I. RETENTION 1.1 The City of Lubbock hereby retains BBC to perform the duties identified in the Scope of Services, which is hereby incorporated into and made a part of this Agreement as Exhibit A. The project manager on behalf of the City of Lubbock will be Bill Howerton, Jr., Community Development Director and the project manager on behalf of BBC will be Heidi Aggeler, Director. ARTICLE IL COMPENSATION 2.1 Total compensation to BBC for completion of the services provided in Exhibit A will be $30,900. The terms for payment are specified in Exhibit A. ARTICLE III. TERM AND TERMINATION 3.1 This Agreement shall commence on, August 28, 2008, and end on September 30, 2009. 3.2 This Agreement may be terminated by either party if both parties agree the continuance of this project would not produce beneficial results commensurate with the further expenditure of funds. 3.3 This Agreement may be terminated by the City of Lubbock upon a 30-day written notification, through any cause. BBC shall be entitled to compensation for any satisfactory work completed on such documents or other materials that were completed to the satisfaction of the City of Lubbock. Upon termination any completed documents or materials associated with the project will become property of the City of Lubbock. Page 1 3.4 This Agreement may be terminated by BBC upon a 30-day written notice if BBC determines it cannot for any reason fulfill the terms of the contract set forth in this Agreement. ARTICLE IV. GENERAL TERMS AND CONDITIONS 4.1 BBC is an independent contractor and shall be responsible for retaining employees required by BBC to perform the services under this Agreement, shall maintain a current policy of workers' compensation insurance or such other workers' compensation coverage as required by law as follows: BBC shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, BBC shall maintain said coverage throughout the term of the Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that BBC maintains said coverage. Any termination of worker's compensation insurance coverage by BBC or any cancellation or nonrenewal of worker's compensation insurance coverage for BBC shall be a material breach of this Agreement. At the request of the City of Lubbock, BBC shall provide evidence of any such coverage. Any and all driving related to the vehicular travel conducted by this contract shall be performed solely by City of Lubbock employees. In no case shall BBC, its officers, agents or employees conduct any driving in the performance of this contract. 4.2 BBC represents and warrants to the City of Lubbock that this Agreement has been duly authorized, executed and delivered by BBC and constitutes the binding agreement of the City of Lubbock, enforceable against BBC in accordance with its terms. 4.3 This Agreement supersedes all prior understanding and Agreements of the parties and contains the entire Agreement of the parties. This Agreement may not be amended except by written amendment signed by both parties, nor may any rights be waived except by an instrument in writing signed by the party charged by such waiver. 4.4 This Agreement shall be governed by and construed in accordance with the laws of the state of Texas. Venue shall be Lubbock County. 4.5 This Agreement shall be binding and inure to the benefit of the respective parties hereto and their successors, heirs, assigns, executors, administrators and legal representatives. ARTICLE V. COMMUNICATION 5.1 All notices, and correspondence to the City of Lubbock associated with this Agreement will be directed to: Bill Howerton, Jr. Community Development Director City of Lubbock 162513th Street, P.O. Box 2000 Lubbock, Texas 79457 Page 2 All notices and correspondence to BBC associated with this Agreement will be directed to : Heidi Aggeler Director BBC Research and Consulting 3773 Cherry Creek North Drive, Suite 850 Denver, CO 80209 This Agreement shall be executed simultaneously in duplicate originals, each which shall be deemed an original Agreement. IN WITNESS THEREOF, the parties have duly executed this Agreement as of the day first written above. CITY OF LUBBOCK Tom Martin Mayor ATTEST: Rebe ca Garza, City Secretary BBC RESEARCH AND CONSULTING HeU Aggeler Director APPROVED TO CONTENT: Bill Howerton Jr., Communi Vlvelopment Director Page 3 Resolution No. 2008—R0309 CONSULTANT AGREEMENT EXHBIIT A: Scope of Services and Budget This exhibit outlines BBC's proposed scope of services and budget for the City of Lubbock Consolidated Plan. This workscope is based on our successful completion of Consolidated Plans in other jurisdictions, as well as our experience with HUD requirements and recent streamlining efforts. The current workscope includes two trips to Lubbock, one visit during the planning process and the second visit at the end of the process during the 30-day public comment period. Scope of Services Task 1. Project Initiation. BBC would conduct a conference call with city staff, local partners, and the HUD Community Planning and Development representative responsible for reviewing the Consolidated Plan. Together we would review the proposed plan for completing the reports, review the methodology and schedule for the citizen participation process and obtain contact information for other stakeholders in the process. We would also discuss your preference for using the new Consolidated Plan Management Process (CPMP) tool or preparing a more traditional report. Task 2. Project Coordination. BBC would be responsible for coordinating all aspects of the City's Consolidated Plan. This would include, but not be limited to, the following: ■ Conducting the public participation process for the Consolidated Plan, including two required public meetings; ■ Collecting and analyzing the data required to complete the Housing and Homeless Needs Assessment, the Non -Housing Needs Assessment, the Housing Market Analysis, and the five-year strategic plan; ■ Assisting the city with determining measurable benchmarks to be evaluated in the CAPER; ■ Preparing drafts of the report, reviewing the drafts with city staff and making required revisions; and ■ Collecting and assembling all HUD -required components of the report (e.g., certifications), writing and producing the report, assisting with public comments, and working with HUD on any report revisions. Task 3. Citizen Participation Plan. This task includes the public outreach process required for the city's Citizen Participation component of the Consolidated Plan, as well as completion of the Citizen Participation Plan (CPP). The various components of the plan BBC Research & Consulting Exhibit A ensure that citizens and housing and service providers are invited and encouraged to actively participate in the city's planning process. Citizen Participation Plan. BBC would prepare a CPP, in accordance with HUD regulations, which documents the public outreach efforts undertaken in this task. The CPP would summarize: ■ How citizens were involved in the development stages of the Plan; ■ How the public was notified of the public hearings and availability of the draft report; ■ The method used to communicate the strategies and action plan to citizens; ■ The method used to distribute the Plan to citizens; ■ The procedure for collecting and responding to public comments; and ■ How the Plan was amended, if necessary, as a result of public comments. Public Comments. On the city's behalf, BBC would be responsible for receiving and responding to all public comments submitted during the Planning period. (The city may elect to respond to certain comments directly). Public meeting and focus group. As required by HUD regulations, a meeting would be held during the development of the Consolidated Plan to obtain the views of citizens on the CPP and housing and community development needs. BBC would conduct a community meeting (or possibly two depending on your needs) and one focus group meeting during the information gathering process to receive input from citizens and housing and community development officials about the greatest housing and community development needs in the city. The meetings would provide an opportunity for citizens to learn more about the Consolidated Plan, HUD grants and identify the housing and community development priorities in their communities. Through the meetings, the city would better understand the needs of the various communities in Lubbock and use this information when considering funding allocation decisions. We would work with the city to develop the activities to take place during the meetings to collect community input. The activities would be designed to provide information about the top needs for the City and collect information about fair housing concerns. The meetings would be held during the development of the Consolidated Plan. BBC would facilitate the meetings, prepare all materials and activities to collect community input, and develop a brochure to advertise the forums. BBC would rely heavily on the City to assist with the planning/coordination of the meetings and promotion of the meetings. BBC Research & Consulting Exhibit A Key person interviews. BBC would conduct up to 10 key person interviews with area nonprofits, housing developers, local government officials and service providers to collect information about the city's needs, particularly related to community development and fair housing. These interviews would be conducted by telephone. The interviews would also provide us with information about the housing needs of special populations, and the effectiveness of the city's housing and community development programs currently in place. Public hearing. As required by HUD regulations, BBC would conduct a public hearing during the 30-day comment period after a draft Consolidated Plan has been prepared and distributed publicly. BBC would draft invitation notices for the meeting and facilitate the hearing. The city would assist in distributing the meeting notices and scheduling the meeting location. Attendees would have a variety of options for commenting on the presented materials, including verbally, through written comment forms and via email. Task 4. Community Profile. This task would involve collecting and analyzing secondary socioeconomic and demographic data for the city. Specifically, we would provide updated measures of population, income/poverty, employment, racial/ethnic composition and household characteristics. This section would also include detailed data on the Citys persons and families in poverty for use in developing the anti -poverty plan. The sources of these data would be Census data, commercial databases and forecasts maintained by BBC. These data would be summarized in an easy -to -read Community Profile section, incorporating charts, graphs, and maps. We would use the geographic boundaries preferred by the city for our data collection and analysis (e.g., CDBG eligible areas, city designated Redevelopment Areas, etc.). Task 5. Non -Housing Needs Assessment. To complete this task, BBC would conduct interviews with social service organizations and city officials who work with public services programs to understand the greatest needs in the community. We would also incorporate information from the public outreach process described above and existing reports about human services, municipal services, transportation, community development, neighborhood revitalization and public infrastructure needs. This assessment would include all types of programs required to complete the HUD -required Priority Needs table for Community Development. Task 6. Housing and Homeless Needs Assessment. For this task, we would collect and analyze secondary data about the housing and community development needs of special needs populations, including persons who are homeless and at -risk of homelessness, as well as provide an overview of new programs and policies that serve these groups. This analysis would include an inventory of facilities, homes and shelters available to assist special needs populations and an assessment of the housing and community development needs of such populations. The research from this task would be summarized in a Housing and Homeless Needs Analysis section of the report and be used to develop the HUD -required Homeless and Special Needs Subpopulations Tables. BBC Research & Consulting Exhibit A Task 7. Housing Market Analysis. This task would provide the heart of the Housing Market Analysis chapter of the Consolidated Plan, and include the following: ■ A current estimate of the city's housing supply, by housing type, price range and age; ■ The distribution of renter- and owner -occupied units in the city; ■ An estimate of housing affordability, including households that can afford the median rent and home price and those households that are cost burdened and severely cost burdened; • A calculation of the current mismatch between supply and demand for each HUD income category; ■ Projections of future household growth by HUD income category and a projection of the future supply and demand mismatch; and • An assessment of the current and projected availability of housing for special needs populations. To produce these data, BBC would develop a housing model that uses the Census and local data sources (MLS Data, newspaper listings, etc.). BBC would supplement the findings of this housing model with data collected as part of the public outreach process. We would use the geographic boundaries preferred by the city for our data collection and analysis. Finally, this section would 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; ■ A discussion of lead based paint hazards in the city's housing stock and areas of the city that are at risk of lead based paint hazards; and ■ A review of city's barriers to affordable housing including tax policies, zoning ordinances, land use controls, and permits and fees that may be barriers to affordable housing. These data would be summarized in an easy -to -read Housing Market Analysis section, incorporating charts and graphs and the required HUD Priority Housing Activities tables. Task S. Strategic Plan and Action Plan Development. Based on our research, BBC would produce a draft Strategic Plan for the city with recommendations for meeting the needs identified in the Consolidated Plan. We would compare the needs identified through our research with the city's current goals and objectives and discuss suggestions for modifying existing programs and policies and/or developing new programs and BBC Research & Consulting Exhibit A policies. The Strategic Plan would provide a platform for the city's development of its annual Action Plans. We would also work with the city to develop measurable benchmarks and quantifiable objectives to use in the CAPER and HUD -required performance measurement system. As required by HUD, this section of the report would also include a discussion of the city's plan for mitigating homelessness and reducing the number of poverty level families in the city, as well as review lead -based paint hazards identified in the research and the city's activities related to reducing such hazards. We would also coordinate submission of all other HUD -required components of the Consolidated Plan, including the CDBG Certification and public comments. Task 9. Report Production Dellverables BBC would assemble the outputs of the previous tasks into a Draft Consolidated Plan to be available at the start of the public comment period. ■ We would produce the following: ➢ Copies of the Draft Consolidated Plan (the number to be determined), which would include all published public announcements, information distributed at public forums, summaries of information collected in the public outreach process, and all required HUD tables and maps. ➢ Stand alone Executive Summary for distribution to the public during the draft comment period. ➢ An electronic copy of the Draft Consolidated Plan in an Adobe Acrobat (.pdf) file format for posting on the city's web site. ➢ After the completion of the public comment period, BBC would make changes to the report as needed and prepare a final Consolidated Plan for submission to HUD. We would provide the city with 15 copies of the final reports, as well as a final copy in an Adobe Acrobat (.pdf) file format for posting on the city's web site. BBC would work with the city and HUD to make additional changes to the report required for HUD approval. BBC Research & Consulting Exhibit A Budget We can complete the scope of services described above for a not -to -exceed cost of $30,900, as shown in the following exhibit. This includes all direct expenses required for completion of the study. BBC should be able to complete approximately 40 percent of the scope - $12,400 - by September 30, 2008. This would include drafts of the community profile, housing market analysis, half of the public services and housing/homeless assessments and the project initiation call. The remaining work will be billed monthly as it is completed. Exhibit A-1. City of Lubbock Consolidated Plan Budget 1. Project Initiation (conference call) 4 0 0 $600 $600 2. Project Coordination 40 0 0 $6,000 $6,000 3. Citizen Participation Plan (two trips to Lubbock) 16 24 4 $5,000 $1,500 $6,500 4. Community Profile 8 24 4 $3,800 $3,800 5. Non -Housing Needs Assessment 4 16 2 $2,300 $2,300 6. Housing/Homeless Needs Assessment 8 24 2 $3,700 $3,700 7. Housing Market Analysis 16 24 4 $5,000 $5,000 8. Strategic/Action Plan Development 4 4 0 $1,000 $1,000 9. Report Production 0 0 40 $2,000 $2,000 Totals 100 116 56 $29,400 $1,500 $30,900 BBC Research & Consulting Exhibit A