HomeMy WebLinkAboutResolution - 2016-R0324 - Professional Services Agreement - TDA Consulting Inc - Federal CDG Requirements - 09/22/2016Resolution No.2016-R0324
Item No.6.24
September 22,2016
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and
on behalf of the City of Lubbock, a Professional Services Agreement and related documents
for consulting services related to Federal community development grant requirements,by and
between the City of Lubbock and TDA Consulting, Inc.. of San Antonio, Texas. Said
Professional Services Agreement is attached hereto and incorporated in this resolution as if
fully set forth hereinand shall be included in the minutesof the City Council.
Passed by the City Council on September 22,2016
DANIEL M.POPE,MAYOR
ATTEST:
Rebecca Garza.City Secretary
APPROVED AS TO CONTENT:
ccdocs/RES.Agreement - TDA Consulting. Inc.-Community Development Grants
August 30.2016
Resolution No. 2016-RO324
This Professional Services Agreement (the "Agreement") is made and entered into by and
between the City of Lubbock, a Texas municipal corporation (the "Agency"), and TDA
Consulting, Inc., (the "Contractor").
1. TERM OF AGREEMENT
The scope of services outlined below shall begin upon the execution of this Agreement, and shall
be completed no later than August 15, 2019, on which date this Agreement automatically expires
unless extended by a fully executed amendment (the "Term").
2. SCOPE OF SERVICES
The scope of services (the "Services") includes two components:
I. ComponentOne — The Consultant shall produce for the Agency the following plans pursuant to
Title 24 CFR Part 9 1, with both plans being for the period October 1, 2019 through September
30,2024:
A. Affirmatively Furthering Fair Housing Document (the "AFFH"), which will contain the
following information:
I . Historical and background research
2. Fair Housing law review and Analysis
3. Community Profiles
4. HMDA Analysis
5. Assessment of community attitudes
6. Analysis of current, housing policies
7. Review of possible fair housing barriers in developing policies
8. Identification of Fair Housing Impediments
9. Assessment and Analysis
10. Recommendations and Final Report
B. Five -Year Consolidated Plan and First -Year Action Plan Document (the "Con Plan"),
which will contain the following information:
I . Citizen Participation Plan and Consultation
2. Executive Summary
3. Community Profiles
4. Housing Market Analysis and Housing Needs Assessment
5. Homeless Needs Assessment
6. Non -Homeless Special Needs Assessment
7. Community Development Needs
8. Housing and Community Development Five -Year Strategic Plan
9. First -Year Annual Action Plan
10. eCon Planning Suite
H. Component Two —The Consultant shall assist the Agency by providing consulting services for
the following issues:
A. Community Development Block Grant
B. HOME Partnership Investment
C. Emergency Solutions Grant
D. IDIS
E. HEROS
F. Assist with Policy/Processes Development
G. Organization Change with respect to processes/policy changes
H. Strategic Planning to accomplish long terin goals
1. Proficient with IDIS
J. Recognize Program Income/Match
K. Substantial Change to the 2014 -2018 Con Plan and 2017 Action Plan
3. PRIMARY ASSIGNED STAFF
The Agency's selection of the Contractor was made with specific reliance on the qualifications
and experience of specific Contractor staff identified in the Contractor's response. Unless
substitutions are otherwise approved by the Agency's designee, Contractor agrees to assign
specific staff members to this Services required by this Agreement in keeping with the roles
articulated in the Contractor's response.
DionneRoberts, President andCEO
Randall Mullen, TDA Vice President
Thomas "Rocky" Wade, TDA Vice President
JenniferAipha, TDA Project Manager
Ernesto Hernandez, TDA Project Associate
Erich Chatham, Civitas
Jimmy Ardis, Civitas
4. COMPENSATION
The Agency shall pay the Contractor for the Services according to the following schedule:
I. Component One — The Agency shall pay the Contractor a fixed price of ninety two thousand
six hundred and forty eight dollars ($92,648.00) for the Services provided by the Contractor
under Component One. The Agency's payment to the Contractor will be Net Thirty (30) based
on invoices for progress payments provided by the Contractor for each milestone completed
as follows:
Public EngagementAFH -Sixteen Percent (16%)
Initial DraftAFH - Sixteen Percent (16%)
Final Draft AFH— Eighteen Percent (18%)
Public Engagement Con Plan -Sixteen Percent (16%)
Initial Draft Con Plan - Sixteen Percent (16%)
Final Draft Con Plan — Eighteen Percent (18%)
11. Component Two — The Agency shall pay the Consultant an hourly rate for the Services
provided by the Consultant under Component Two. The Contractor's hourly rates will increase
annually after 2016 during the Term of this Agreement, based on the Consumer Price Index
(the "CPI"). The Contractor's costs for direct expenses, such as travel and materials, will be
invoiced at their actual rate plus the Contractor's federally approved G&A rate. The Contractor
shall generate monthly invoices that shall reflect the actual time and material expenses incurred
by the Contractor. All hourly and direct expenses will be paid to the Contractor by the Agency
in Net Thirty (30) terms. The Consultant's Component Two hourly rates are: $210.27 per hour
for any work performed by the Contractor's Principal, Vice President, Project Manager, or
Civitas; and $167.98 per hour for any work performed by the Contractor's Associate.
5. AMENDMENTS
This Agreement may be amended only by a written instrument executed by the parties or by their
successors.
6. TIME IS OF THE ESSENCE
Time is of the essence in the performance of all parties under this Agreement.
7. CAPTIONS
The captions or headings in this Agreement are for convenience only and in no way define, limit,
or describe the scope or intent of any provisions of this Agreement.
8. SEVERABILITY
The parties agree that if any term or provision of this Agreement is declared by a court of
competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms
and provisions shall not be affected, and the rights and obligations of the parties shall be construed
and enforced as if the Agreement did not contain the particular term or provision held to be invalid.
9. ' EXECUTION AND COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be an original, all of
which shall constitute but one and the same instrument.
10. COMPLIANCE WITH APPLICABLE LAW
The Contractor shall comply with all applicable federal, state, and local laws, rules, regulations,
executive orders, codes, and ordinances whether existing at the time the Agreement is executed,
or amended, enacted, or adopted subsequent thereto.
11. ' GOVERNING LAW; VENUE: CONSENT TO JURISDICTION
This Agreement is subject to all present and future valid laws, orders, rules and ordinances and/or
regulations of the United States of America, the State of Texas and the Parties, and any other
regulatory body having jurisdiction. This Agreement shall be construed and governed according
to the laws of the State of Texas. The sole venue for any action, controversy, dispute or claim
arising under this Agreement shall be in a court of appropriate jurisdiction in Lubbock County,
Texas excitisive,y.
12. TERMINATION
This Agreement may not be terminated at will by either party unless written notice of such
termination is provided to the non -terminating party no later than thirty (30) days prior to the
requested date of termination.
13. ' INSURANCE AND WORKERS COMPENSATION
The Contractor shall obtain and maintain the following insurance coverage at all times during the
term of this agreement: General Liability - $1,000,00052,000,000 aggregate to include Products -
Completed Operations / General Aggregate Limit, Personal and Advertising Injury, and
Contractual Liability; Auto Liability - $ 1,000,000; Statutory Workers Compensation with
Employer's Liability - $ 1,000,000; the City shall be named as an additional insured on
General/Auto Liability on a primary & non-contributory basis; with waivers of subrogation in
favor of the City of Lubbock on all coverages. The Contractor shall submit copies of these
endorsements with the current certificate of insurance.
14. INDEMNITY
The Contractor shall defend, save, hold harmless, and indemnify the Agency and their officers,
employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs
and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities
of the Contractor or its officers, employees', subrecipients, subcontractors, or agents under this
Agreement. Nothing in this section requires the Contractor or its insurer to indemnify the Agency
for any claims or losses caused by the negligence or misconduct of the Agency.
The parties expressly acknowledge that the Agency's authority to indemnify and/or hold harmless
any third party is governed by Article XI, Section 7 of the Texas Constitution and any provision
which purports to require indemnification by the Agency is invalid.
15. ROLE OF CONTRACTOR
The Contractor shall perform all Services under this Agreement as an independent contractor. The
Contractor is not an officer, employee, or agent of the Agency with respect to Services performed
under this Agreement.
16. ' RECORDS MAINTENANCE; ACCESS
The Contractor agrees to maintain records of costs and services provided to document and fully
support billings. All books, records, and other documents relevant to this Agreement shall be
retained for a period of three (3) years after the end of the fiscal year during which they were
created. The Agency and their duly authorized representatives shall have access to the books,
documents, papers, and records of the Contractor which are directly pertinent to this Agreement
for the purpose of making audit, examination, excerpts, and transcripts.
17. ' CERTIFICATION OF CONTRACTOR'S AUTHORIZED REPRESENTATIVE.
The undersigned certifies under penalty of pe�ury both individually and on behalf of the
Contractor that:
I. The undersigned is a duly authorized representative of the Contractor, has been authorized by
the Contractor to make all representations, attestations, and certifications contained in this
Agreement and to execute this Agreement on behalf of the Contractor;
II. By signature on this Agreement for the Contractor,, the undersigned hereby certifies under
penalty of pedury that the undersigned is authorized to act on behalf of the Contractor and that
the Contractor is, to the best of the undersigned's knowledge, not in violation of any California
Tax Laws; and
Ill. The Contractor is bound by and will comply with all requirements, terms and conditions
contained in this Agreement.
18. FUNDING
The Parties understand and acknowledge that the funding of this Agreement is contained in the
Agency's annual budget and is subject to the approval of the Agency in each fiscal year. The
Parties further agree that should the governing body of the Agency fail to approve a budget which
includes sufficient funds for the continuance of this Agreement, or should the governing body of
the Agency fail to certify funds for any reason, then and upon the occurrence of such event, this
Agreement shall terminate as to the Agency and the Agency shall then have no further obligation
to the any other Party. When the funds budgeted or certified during any fiscal year by the Agency
to discharge its obligations under this Agreement are expended, any other Party's sole and
exclusive remedy shall be to terminate this Agreement.
19. RIGHTS AND REMEDIES RESERVED
The Agency reserves the right to exercise any right or remedy available to it by law, contract,
equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a
court of competent jurisdiction. Further, the Agency shall not be subject to any arbitration process
prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are
cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict
between this provision and another provision in, or related to, this Agreement, the former shall
control.
20. PUBLIC INFORMATION
This Agreement is public information. To the extent, if any, that any provision of this Agreement
is in conflict with Tex. Gov't. Code Ann. Chapter 552 et seq., as amended (the "Texas Public
Information Act") the same shall be of no force and effect.
21. NO TH I RD-PARTY BENEF I C 1AR1 ES
This Agreement is entered solely by and between, and may be enforced only by and among the
Parties. Except as set forth above, this Agreement shall not be deemed to create any rights in or
obligations to any third parties.
22. NO PERSONAL LIABILITY
Nothing in this Agreement is construed as creating any personal liability on the part of any
employee, officer or agent of any public body that may be a party to this Agreement.
23. NO JOINT ENTERPRISE
This Agreement is not intended to, and shall not be construed to create anyjoint enterprise between
or among the parties.
24. SOVEREIGN IMMUNITY ACKNOWLEDGED AND RETAINED
THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO PROVISION OF
THIS AGREEMENT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY ANY
PARTY OF ANY IMMUNITIES FROM SUIT OR LIABILITY THAT A PARTY MAY HAVE
BY OPERATION OF LAW. THE AGENCY RETAINS ALL GOVERNMENTAL
IMMUNITIES.
25. NOTICE
Unless otherwise stated, all notices or communications required under this Agreement shall be in
writing and shall be deemed delivered on the date of delivery if delivered in person, on the next
day if delivered by a nationally recognized overnight courier, or five (5) days after the date of
mailing if sent by certified first class U.S. Mail, return receipt requested and postage prepaid. The
address for such delivery shall be as follows:
For Agency:
City of Lubbock
Marta Alvarez
Director of Purchasing & Contract Management
1625 14th Street, Room 204
Lubbock, TX 79401
For Contractor;
TDA Consulting, Inc.
Dionne L Roberts
President and CEO
Ph: 202.486.4781
Email: droberts@tdainc.org
EXECUTED in two counterparts, each of which shall have the force and effect of an original,
on this 22nd day of September , 2016.
For: CITY OF LUBBOCK. TEXAS
Daniel M. Pope, Mayor
ATTEST:
Rebe ca Garza, City Secre ry
APPROVED AS TO CONT NT:
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Karen Murfee, Community D elopment Director
APPROVED AS TO FORM:
For: TDA CONSU LT I NG, INC.
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Name (Printed)
CERTIFICATE OF INTERESTED PARTIES
FORnn 1295
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Complete Nos.1- 4 and 6 if there are interested parties.
Complete Nos.1, 2, 3, 5, and 6 if there are no interested parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
2016-104257
Date Filed:
08/25/2016
Date Acknowledged:
09/07/2016
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
TDA Consulting, Inc.
San Antonio, TX United States
2 Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
City of Lubbock
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
11836
Professional services related to housing and community development.
4
Name of Interested Party
City, State, Country (place of business)
Nature of interest
(check applicable)
Controlling
I intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct.
Signature of authorized agent of contracting business entity
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me, by the said , this the day of ,
20 , to certify which, witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
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Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2. 3, 5, and 6 if (here are no hneresmd parties.
OFFICE USE ONLY
CERTIFICATION OF FILING
Certificate Number:
1 Name of business entity filing form, and the city, state and country of the business entity's place
of business.
2016-104257
TDA Consulting, Inc.
San Antonio, TX United States
Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is
0812512016
being filed.
City of Lubbock
Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
11836
Professional services related to housing and community development.
4 Name of Interested Party
City, State, Count )
ty, Country (place of business
Nature of interest
(check applicable)
Controlling
Intermediary
5 Check only if there is NO Interested Party.
X
6 AFFIDAVIT �o�" P YAR r"' I swear, or affirm, under penalty of perjury, that the above disclosure is [rue and correct.
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t a` Qd'�zA�'fSifinature of authorized agent of contracting business entity
TARO
AFFIX NOTA fy'r Ar, "� RnVF
Sworp t and subscribed before me, by the said , this the
day of Ae
20Q, to certify which, witness my hand and seal of office.
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'ignamre of officer administering Wall Pirated name of ollicer adhornstering with
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Farms provided by Texas Ethics Commission www.ethics.state.tx.us version vi.u.0 i