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Res 004-2010 1/5/2010 RESOLUTION NO. O'�-adlD Resolution Authorizing The City Manager To Execute A Professional Services Agreement In The Amount Of $34,980 With J-QUAD Planning Group, LLC To Prepare The City Of Wichita Falls 2010-2015 Consolidated Plan, The Program Year 2010 Annual Action Plan, And An Analysis Of Impediments to Fair Housing Choice WHEREAS, the City of Wichita Falls is required by the U.S. Department of Housing and Urban Development to prepare and submit a Five-Year Consolidated Plan, Annual Action Plan, and Analysis of Impediments to Fair Housing Choice, and WHEREAS, the preparation of these documents will provide direction and guide the overall expenditure of federal dollars received by the City based upon an e�ensive analysis of local community needs and priorities, and WHEREAS, a selection committee systematically analyzed each of seven proposals from submitting consulting firms and selected J-Quad Planning Group as the contractor to perForm such services for the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute the attached Professional Services Agreement with J-QUAD Planning Group, LLC to prepare the City of Wichita Falls 2010-2015 Consolidated Plan, the Program Year 2010 Annual Action Plan, and an Analysis of Impediments to Fair Housing Choice, in an amount of $34,980, with such changes as approved by the City Attorney. PASSED AND APPROVED this the 5 day of January, 2010. MAYOR ATTEST: ity Clerk Professional Services Agreement between the City of Wichita Falls and J-Quad Planning Group, LLC for the 2010-2015 Consolidated Plan, 2010 Annual Action Plan, and Analysis of Impediments for Fair Housing Choice. CITY: City of Wichita Falls, Texas, P.O. Box 1431, Wichita Falls, Texas 76307 CONSULTANT: J-Quad Planning Group, LLC, 14683 Midway Road, Suite 210 Addison, TX 75001 PROJECT: (A) The City requires the Consultant to develop a five-year Consolidated Plan (period October 1, 2010 — September 30, 2015), one-year Action Plan (period October 1, 2010 — September 30, 2011) and an Analysis of Impediments for Fair Housing Choice for the City that will be consistent with HUD guidelines. In order to confortn to HUD's due date, the City intends to submit Final Plans to City Council for autharization on July 20, 2010. (B) In addition to meeting the federal guidelines and deadline far completion of a five-year Consolidated Plan, one-year Action Plan and Analysis of Impediments, the City is interested in encouraging meaningful public participation in the process by low and moderate income people. The City is interested in a broad consultation process with public and private agencies that provide assisted housing, health and social services. The Consolidated Plan should provide a direct link between community goals and objectives and priority needs and should provide clear direction for future one-year Action Plans. To the extent possible, processes and products should be used in the development of the Consolidated Plan. TIMETABLE: Unless approved otherwise by The City of Wichita Falls the CONSULTANT shall complete the following tasks on or before the following dates in accordance with the attached Response to RFP: (A) Consolidated Plan Task (1) Kickoff Meeting/Strategic Planning Session/Date Collection Ol/15/10-02/15/10 (2) Citizen Participation Plan/Consulting Public Private Agencies O1/15/10-03/15/10 (3) Homeless and Housing Needs and Market Analysis 02/Ol/10-03/15/10 (4) Five Year Strategic Plan 03/15/10-OS/15/10 (5) One Year Action Plan 03/15/10-OS/15/10 (6) Draft Plan and Consolidated Plan Public Comment and City Staff Review OS/15/10-06/15/10 (7) Final Draft Consolidated Plan 06/15/10-07/15/10 (B) Analysis of Impediments (1) Initiation, Historical Background and Date Collection Ol/15/10-02/15/10 (2) Fair Housing Law Review and Analysis 02/15/10-03/15/10 (3) Community Profiles Ol/15/10-03/15/10 (4) HMDA Analysis O1/15/10-03/15/10 (5) Assessment of Community Attitudes Ol/15/10-02/15/10 (6) Description of City's Current Housing Policies 02/15/10-03/15/10 (7) Review of Barriers in Development Policies 02/15/10-03/15/10 (8) Identi�cation of Fair Housing Impediments 03/15/10-04/15/10 (9) Analysis, Remedial Actions and Draft Report 03/15/10-04/15/10 (10) Final Report and Presentation 04/15/10-OS/15/10 PAYMENT: PAYMENT FOR BASIC SERVICES--CITY agrees to pay the following amounts for Basic Services rendered pursuant to this contract, a total amount not to exceed $34,980. All expenses, including all travel expenses, shall be considered part of BASIC SERVICES unless a provision of this contract provides that they are ADDITIONAL SERVICES. TIMES OF PAYMENTS: 1. Times of Payments---CONSULTANT shall submit monthly statements for Basic and Additional Services rendered. For Basic Services, the statements will be based upon CONSULTANT'S estimate of the proportion of the total services actually completed at the time of billing. CITY shall make prompt monthly payments in response to CONSULTANT'S monthly statements. Upon conclusion of each phase of Basic Services, CITY shall pay such additional amount, if any, as may be necessary to bring total compensation paid on account of such phase to the following percentages of total compensation payable for all phases of Basic Services. All amounts payable hereunder shall be payable from grant funds. Accordingly, payment is subject to the approval and receipt of such funds and payment may be delayed until grant funds are received for payment hereunder and payment shall be subject to the submission and approval of all documents that are required by the paying agency. CITY'S REPRESENTATIVE: Michael Uriniak, 1300 7`�' Street P.O. Box 1431, Wichita Falls TX 76307 BASIC SERVICES OF CONSULTANT-- CONSULTANT shall perform professional Consulting services as hereinafter stated in accordance with the attached Scope of Services, Assurances and Conditions for Community Development Block Grant/Home Programs. The Response to RFP shall be considered to be a part of this Agreement.. ADDITIONAL SERVICES OF CONSULTANT: If authorized in writing by CITY, CONSULTANT shall furnish or obtain from others Additional Services necessary for the completion of the Project and approval by HUD; these will be paid for by the CITY as indicated in the PAYMENT section of this contract. GENERAL CONDITIONS: 1. Termination—CITY may terminate this Agreement upon 10 days written notice to CONSULTANT with the understanding that all services being performed under this Agreement shall cease upon the date specified in such notice. In the event of early termination, CONSULTANT shall invoice CITY for all services completed and shall be compensated in an amount corresponding to the amount designated as compensation for each phase of the work satisfactarily completed and accepted plus an amount corresponding to the percentage of work satisfactarily completed and submitted to CITY for any phase partly completed on the effective date of the termination. 2. Ownership of Documents--All documents prepared and/or assembled by CONSULTANT under this agreement shall become the property of the CITY and shall be delivered to CITY without restriction on future use. CONSULTANT may make copies of any and all documents for its files, and re-use information contained therein. 3. Controlling Law--This agreement is performable and is to be governed by the law applicable in Wichita Falls, Texas. Sole venue for any action arising under this agreement shall be in Wichita County, Texas. 4. Assignment of Contract--CONSULTANT shall not assign, sublet or transfer any rights under or interest in (including, but without limitations, monies that may become due or monies that are due) this Agreement without the written consent of the other. Unless specificaliy stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent CONSULTANT from employing independent consultants, associates, subcontractors, and employees to assist it in the performance of services hereunder. 5. No Third-Party Beneficiaries--Nothing herein shall be construed to give any rights or benefits to anyone other than CITY and CONSULTANT. 6. Independent Contractor--In performing services under this agreement, the relationship between CITY and CONSULTANT is that of independent contractor, and CITY and CONSULTANT by the execution of this Agreement do not change the independent contractor status of CONSULTANT. No term or provision of this agreement or act of CONSULTANT in the performance of this Agreement shall be construed as making CONSULTANT or any agent, servant or employee of CONSULTANT the agent, servant or employee of CITY. 7. Indemnity--CONSULTANT agrees to release, defend, indemnify, and hold the CITY whole and hannless against any and all claims, suits, and actions for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by or from any act, error or omission of CONSULTANT or any officer, agent, servant, employee or subcontractor of CONSULTANT in the execution or performance of this contract. In the event of notice of a claim to which this indemnity might apply, so much of the money due the CONSULTANT under this contract as shall be reasonably considered necessary by the CITY may be retained for the use of the CITY, until all suits, actions, and claims shall have been settled and satisfactory evidence to that effect furnished the CITY. The CONSULTANT further agrees to release, defend, indemnify, and hold harmless the CITY and the CITY's officers, agents, and employees from liability for any claims of injuries or damage made by or on behalf of CONSULTANT or any of CONSULTANT's officers, agents, or employees resulting from the performance or attempted performance of this contract regardless of whether the injury or damage is caused in whole or in part by any acts or omissions of CITY or any hidden ar apparent condition of property owned or controlled by the CITY. This indemnity shall not apply to any claim to the extent to which CONSULTANT is prohibited from indemnifying a governmental entity pursuant to Tex. Local Gov't Code § 271.904 or other law. FEDERALLY MANDATED PROVISIONS (for grant funded contracts): 1. Grant Conditions. The City and Consultant shall comply with all conditions of the grant providing funding for this contract. All required language of said grant is incorporated by this paragraph and shall be enforceable as if written herein. 2. Interest of Parties. No member of the governing body of the City and no other officer, employee or agent of the City shall have any personal interest, direct or indirect in this agreement. 3. Retention of Records. Consultant shall retain all records relating to this agreement for at least 5 years after the City makes final payment and all other pending matters are closed. The City, HUD, the U.S. Comptroller General, and any of their duly authorized representatives shall have access to any books, documents, papers, and records of Consultant that are directly pertinent to this ageement for the purpose of making audit, examination, excerpts, and transcriptions. Upon receipt of substantial evidence of Consultant's refusal to comply with this provision, the City will have the right to terminate this agreement without prior notice. 4. Political Activity Prohibited. None of the funds, materials, property or services provided directly or indirectly under this contract shall be used in the performance of this contract for any partisan political activity. 5. Lobbying prohibited. None of the funds provided under this contract shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before any governmental entity. 6. Compliance with Law. Consultant shall comply with all federal, state, and local laws and regulations. 7. Non-Discrimination. Consultant shall not discriminate nor permit discrimination against any person or group of persons, as to employment or in the performance of services under this agreement, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City retains the right to take such action as the United States may direct to enforce this non-discrimination covenant. PART II - ASSURANCES AND CONDITIONS COMMUNITY DEVELOPMENT BLOCK GRANT/HOME PROGRAMS The recipient of Community Development Block Grant/HOME/ESGP assistance hereby certifies it possesses legal authority to execute this contractual agreement and its governing body has duly adopted or passed as an official act authorizing the person to identified as the official representative of the recipient to execute and carry out the activities in this agreement. This agreement is subject to the provisions of 24 CFR 570.600 Subpart K, and 570.502 of the Community Development Block Grant and 24 CFR Part 92 of the HOME regulations as set forth as follows: UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES The recipient, its agencies or instrumentalities, and subrecipients shall comply with the policies, guidelines, and requirements of OMB Circular Nos. A-102, A-128, A-110, A-87, and A-122, as applicable, as they relate to the acceptance and use of Federal funds under this part. Public Law 88-352 AND Public Law 90-284; EXECUTIVE ORDER 11063 Assistance under this agreement will be conducted and administered in conformity with Public Law 88- 352 and Public Law 90-284. a. "Public Law 88-352" refers to Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), which provides that no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 602 of the Civil Rights Act of 1964 directs each Federal department and agency empowered to extend Federal financial assistance to any program or activity by way of grant to effectuate the foregoing prohibition by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the statue authorizing the financial assistance. HUD regulations implementing the requirements of Title VI with respect to HCJD programs are contained in 24 CFR Part 1. b. "Public Law 90-284" refers to Title VIII of the Civil Rights Act of 1968 (42 U.S.0 3601 et seq.) popularly known as the Fair Housing Act, which provides that it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States and prohibits any person from discriminating in the sale or rental of housing, the financing of housing, or the provision of brokerage services, including in any way making unavailable or denying a dwelling of any person, because of race, color, religion, sex, or national origin. Title VIII further requires the Secretary to administer the programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of Title VIIL Pursuant to this statutory direction, the Secretary requires that grantees administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing. c. Executive Order 11063, as amended by Executive Order 12259, directs the Department to take all action necessary and appropriate to prevent discrimination because of race, color, religion (creed), sex, or national origin, in the sale, leasing, rental, or other disposition of residential property and related facilities Including land to be developed far residential use), or in the use of occupancy thereof, of such property and related facilities are, among other things, provided in whole or in part with the aid of loans, advances, grants, or contributions agreed to be made by the Federal Government. HUD regulations implementing Executive Order 11063 are contained in 24 CFR Part 107. SECTION 109 OF THE ACT (Housin� and Community Development Act of 1974 (the Act) Public Law 96-399) a. Section 109 of the Act requires that no person in the United States shall on the ground of race, color, national origin, ar sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with community development funds made available pursuant to the Act. For purposes of this section "program or activity" is defined as any function conducted by an identifiable administrative unit of the recipient, or by any unit of government, subrecipient, or private contractor receiving community development funds or loans from the recipient. "Funded in whole or in part with community development funds" means that community development funds in any amount in the form of grants or proceeds from HCTD guaranteed loans have been transferred by the recipient or a subrecipient to an identifiable administrative unit and disbursed in a program or activity. b. Specific discriminatory actions prohibited and corrective actions. 1. A recipient may not, under any program or activity to which the regulations of this Part may apply directly or through contractual or other arrangements, on the grounds of race, color, national origin, or sex: i. Deny any facilities, services, financial aid ar other benefits provided under the program or activity. ii. Provide any facilities, services, financial aid or other benefits which are different, ar are provided in a different form from that provided to others under the program or activity. iii. Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity. iv. Restrict in any way access to, ar in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. v. Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services or other benefit provided under the program or activity. vi. Deny an opportunity to participate in a program or activity as an employee. 2. A recipient may not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination on the basis of race, color, national origin, or sex, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity with respect to individuals of a particular race, color, national origin, or sex. 3. A recipient, in determining the site or location of housing or facilities provided in whole or inpart with funds under this part, may not make selections of such site or location which have the effect of excluding individuals from denying them the benefits of, or subjecting them to discrimination on the grounds of race, color, national origin, or sex; or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Act and of the section. 4. Discrimination and Affirmative Action i. In administering a program or activity funded in whole or in part with CDBG funds regarding which the recipient has previously discriminated against persons on the ground of race, color, national origin, or sex, the recipient must take affirmative action to overcome the effects of prior discrimination. ii. Even in the absence of such prior discrimination, a recipient in administering a program or activity funded in whole or in part with CDBG funds should take affirmative action to overcome the effects of conditions which would otherwise result in limiting participation by persons of a particular race, color, national origin or, sex. Where previous discriminatory practice or usage tends, on the ground of race, color, national origin, or sex, to exclude individuals from participation in, to deny them the benefits of, or to subject them to discrimination under any program or activity to which this part applies, the recipient has an obligation to take reasonable action to remove or overcome the consequences of the prior discriminatory practice or usage, and to accomplish the purpose of the Act. iii. A recipient shall not be prohibited by this part from taking any action eligible under Subpart C to ameliorate an imbalance in services or facilities provided to any geographic area or specific group of persons within its jurisdiction, where the purpose of such action is to overcome prior discriminatory practice or usage. 5. Notwithstanding anything to the contrary in the section, nothing contained herein shall be construed to prohibit any recipient from maintaining or constructing separate living facilities ar restroom facilities for different sexes. Furthermore, selectivity on the basis of sex is not prohibited when institutional or custodial services can properly be performed only by a member of the same sex as the recipients of the services. AGE DISCRIMINATION ACT OF 1975 AND REHABILITATION ACT OF 1983 Section 109 of the Act further provides that nay prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.C.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act. LABOR STANDARDS; SECTION 110 OF THE ACT (PUBLIC LAW 93-399)Section 110 of the Act requires that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a--276a-5). By reason of the foregoing requirement, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seg.) also applies. However, these requirements apply to the rehabilitation of residential property only if such property is designated for residential use of eight or more families. With respect to the labor standards specified in the section, the Secretary of Labor has the authority and functions set forth in Reorganization Plan Number 14 of 1950 (5 U.S.C. 1332-15) and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). SUSPENSION AND DEBARMENT Non-Federal entities are prohibited from contracting with or making subawards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement contracts for goods or services equal to or in excess of $100,000 and all nonprocurement transactions (e.g., subawards to subrecipients). Contractors receiving individual awards for $100,000 or more and all subrecipients must certify that the organization and its principals are not suspended or debarred. The non-Federal entities may rely upon the certification unless it knows that the certification is erroneous. Non-Federal entities may, but are not required to, check for suspended and debarred parties which are listed in the List of Parties Excluded From Federal Procurement or Nonprocurement Programs, issued by the General Services Administration (GSA). The information contained on the list is available in printed and electronic formats. The printed version is published monthly. Copies may be obtained by purchasing a yearly subscription from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or by calling the Government Printing Office Inquiry and Order Desk at (202) 783-3238. The electronic version can be accessed on the Internet (http://www.arnet.gov/epls). Please note that the user will be required to record their name and organization for purposes of the Computer Matching and Privacy Act of 1988. Requirements for suspension and debarment are contained in the Federal agencies' codification of the governmentwide debarment and suspension common rule (see Appendix II for CFR cites) which implements Executive Orders 12549 and 12689, Debarment and Suspension, and the terms of the award. EMPLOYMENT AND CONTRACTING OPPORTUNITIES: EXECUTIVE ORDER 11246 AND SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 A. Recipients shall comply with Executive Order 11246 and the regulations issued pursuant thereto (41CFR Chapter 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. As specified in Executive Order 11246 and the implementing regulations, contractors and subcontractors on Federal or federally assisted construction contracts shall take affirmative action to insure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or forms of compensation and selection for training and apprenticeship. B. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) requires, in connection with the planning and carrying out of any project assisted under the Act, that to the greatest extent feasible opportunities for training and employment be given to lower income persons residing within the unit of local government or the metropolitan area (or non- metropolitan county) in which the project is located, and that contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same metropolitan area (or non-metropolitan county) as the project. CONFLICT OF INTEREST A. Applicability l. No member or delegate of the Congress of the United States and no resident commissioner shall be admitted to any share or part of this contract or to any benefit to arise here from. 2. In the procurement of supplies, equipment, construction, and services by recipients, and by subrecipients the conflict of interest provisions in Attachment 0 of OMB Circulars A- 102, and A-110, respectively, shall apply. 3. In all cases not governed by Attachment 0 of the OMB Circulars, the provisions of this section shall apply. Such cases include the acquisition by the recipient, by its entities under eligible activities which authorize such assistance (e.g., rehabilitation, preservation, and other improvements of private properties of facilities pursuant to section 570.202, or grants, loans and other assistance to businesses, individuals and other private entities pursuant to sections 570.203, 570.204 or 570.455). B. Conflicts prohibited. Except for approved eligible administrative or personnel costs the general rule is that no persons described in paragraph (c) below who exercises or have exercised any functions or responsibilities with respect to CDBG/HOME/ESG activities assisted under this Part or who in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either far themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. C. Persons covered. The conflict of interest provisions of paragraph (b) of this section apply to any person who is an employee, agent, consultant, officer, or elected official, or appointment official of the recipient, or of any designated public agencies, or subrecipients under section 570.204, which are receiving funds under this part. This agreement and said attachments may only be amended, supplemented, modified or canceled by a duly executed written instrwnent. EXECUTED, this the day of , 2010. CITY: City of Wichita Falls, Texas CONSULTANT: Darron Leiker, City Manager ATTEST: ATTEST: Lydia Ozuna, City Clerk FORM APPROVED: Miles Risley, City Attorney