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HomeMy WebLinkAbout4438 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4438 FAIR HOUSING CENTER OF S PUGET SOUND Analysis - Fair Housing Impediments (AI) 2004 CDBG PRO File Class LEG 12-1 $7000.00 07/19/2004 01/31/2005 02/15/2007 GL AL E&O $2000000.00 $ $ Insurance Total Insurance Review Date $2000000.00 10/01/2004 Vault 01/01/2007 PROFESSIONAL SERVICES AGREEMENT City of Bremerton Analysis to Fair Housing Impediments (Al) 2004 The City of Bremerton ("City") and the Fair Housing Center of South Puget Sound ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated June 21, 2004, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. IlL Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $7,000. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/[Consultant] [Project Name] Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE iNDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/[Consultant] [Project Name] Page 2 of 7 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the fight to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified fight to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/[Consultant] [Proiect Name] Page 3 of 7 VII. General Conditions: A. Reports and Information: When requested by thc City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Tacoma, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Consultant to Maintain Records to Support Independent Consultant Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Internal Revenue Service for the type of business Consultant conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Consultant's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Consultant under this Agreement shall not give rise to an employer- employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. Bremerton/[Consultant] [Project Name] Page 4 of 7 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Tacoma, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address: Consultant Address City of Bremerton, DCD Fair Housing Center of South Puget Sound 286 4th St. 1517 S. Fawcett, Ste. 250 Bremerton, WA 98337 Tacoma, WA 98402 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/[Consultant] [Project Name] Page 5 ot' 7 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiserlmination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60) days notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, rites, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Bremerton/[Consultant] [Proiect Name] Page 6 of 7 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: Chris Hug; / c~) · its: DirectortDe~t. of Comm. Development its: Date: ~ [[q]~ Date: pprov d to Breme~on City A~omey .~ Bremerton/[Consultant] |Project Name] Page 7 of 7 CITY OF BREMERTON ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE CONDUCTED BY THE FAIR HOUSING CENTER OF SOUTH PUGET SOUND June 21, 2004 ATTACHMENT A I. INTRODUCTION The Fair Housing Center of South Puget Sound (Fair Housing Center) is a 501 (c) 3 nonprofit organization with a mission of "[assuring] equal access to housing and other related services to the residents of Washington. The organization will achieve this purpose through education, investigation and enforcement of applicable laws". The agency has been in existence since 1981 as a Community Housing Resource Board (CHRB) and in 1995 became a fully operational Qualified Fair Housing Organization~. The Fair Housing Center serves western and central Washington by accepting and investigating complaints of housing discrimination, conducts training and education for housing providers and housing consumers to prevent and address housing discrimination, conducts rental and sales testing and prepares Analysis of Impediments to Fair Housing Choice (AI) for entitlement regions along with other specialized contracts. The agency has also been involved in programs that cover the State of Washington. The Fair Housing Center has completed AIS for Pierce County, the City of Bellingham, the City of Seattle, City of Tacoma, Pierce County and been partners with other organizations in preparing the AI for the State of Washington and King County. The agency has strong relationships with government and nonprofit organizations that address fair housing issues throughout the State of Washington and nationwide. Some of these organizations include the U.S. Department of Housing and Urban Development, Washington State Human Rights Commission, Seattle Office for Civil Rights, King County Office of Civil Rights, Tacoma Department of Human Rights and Human Services, Washington State Housing Finance Commission along with numerous community organizations and agencies as well as representative organizations in the housing industry. The executive director serves on the National Fair Housing Alliance Board of Directors. II. WORK TO BE COMPLETED FOR THE CITY OF BREMERTON A1 The U.S. Department of Housing and Urban Development (HUD) requires Community Development Block Grant (CDBG) entitlement jurisdictions to prepare an Analysis of Impediments to Fair Housing Choice (AI) as a component of the Fair Housing Planning process. Per HUD guidelines in 2.17 of the Fair Housing Planning Manual, the Fair Housing Center proposes to conduct an Al that includes the following elements: ~ Qualified Fair Housing Organizations (QFHO) are designated by the U.S. Department of Housing & Urban Development. Fair Housing Center of South Puget Sound 1517 South Fawcett, Suite 250 Tacoma, WA 98402 Voice/TTY: (253)274-9523 Toll Free: (888)766-8800 Fax: (253)274-8220 Email: fhcsps~ix.netcom.com 2 I. JURISDICTIONAL BACKGROUND DATA A. Demographic Data 1. Census Data by Race, Income and Census Tract 2. Income Data 3. Employment Data 4. Housing Profile B. Maps II. EVALUATION OF JURISDICTION'S CURRENT FAIR HOUSING LEGAL STATUS A. Compile and analyze the number and type of complaints that have been filed alleging housing discrimination, including all complaints filed with the U.S. Department of Housing and Urban Development (HUD), the Washington State Human Rights Commission (WSHRC), the U.S. Department of Justice (DO J) and the Fair Housing Center. The AI will focus as much as possible on complaints in which HUD, WSHRC, DOJ and the Fair Housing Center issued charges of discrimination and/or that have resulted in state or federal court filings. B.Identification of other fair housing concerns or problems III. IDENTIFICATION OF IMPEDIMENTS TO FAIR HOUSING CHOICE A. The Sale and Rental of Housing B. Provision of Housing Brokerage Services C. Provision of Financing Assistance for Dwellings D. Provision of Insurance Services E. Public Policies and Actions Affecting the Approval of Sites and Other Building Requirements Used in the Approval Process for the Construction of Housing F. Administrative Policies Concerning Community Development and Housing Activities such as Urban Homesteading, Multifamily rehabilitation, and Activities Causing Displacement, which Affect Opportunities of Minority Households to Select Housing Inside Outside Areas of Minority Concentration. G. Fair Housing Complaints Against Assisted Housing Developers and Providers. IV. ASSESSMENT OF CURRENT PUBLIC AND PRIVATE FAIR HOUSING PROGRAMS AND ACTIVITIES IN THE JURISDICTION A. Review of education and outreach activities conducted by agencies located in the City of Bremerton. B. Review and analysis of rental tests conducted in the City of Bremerton. Contracted tests were paid for by the U.S. Department of Housing and Urban Development. C.Review of first time homebuyer program's sale to members of protected classes Fair Housing Center of South Puget Sound 1517 South Fawcett, Suite 250 Tacoma, WA 98402 Voice/TTY: (253)274-9523 Toll Free: (888)766-8800 Fax: (253)274-8220 Email: thcsps~ix.netcom.com D. Review of newspaper advertising E. Review of Community Reinvestment Act (CRA) bank ratings F. Review of Crime Free Housing programs/landlord tenant programs that include information on fair housing G. Other related information V. CONCLUSIONS AND RECOMMENDATIONS. ASSUMPTIONS: 1. Access to Data a. The Fair Housing Center will have access to documents for preparing the Al such as the current draft or completed City of Bremerton Consolidated Plans relating to the demographic data plus documents such as the CAPER and current studies pertaining to fair housing. b. The Fair Housing Center will have assistance with mapping from the City and paid for by the City (to be agreed upon with the contractor). 2. Public Input a. The AI will include one written survey of community stakeholders experienced with fair housing issues. The Fair Housing Center will rely upon mailing lists provided by the City and will negotiate on sample size. b. The Al will include one public forum in a location to be agreed upon with the City of Bremerton. c. Site selection for the public forum will be mutually agreed upon by the City and the Fair Housing Center. The City will pay for any space rental costs related to the forums held in their jurisdictions apart from this contract. d. Public relations for forums e.g. press releases, public service announcements and email distribution to any City lists will be conducted by the City. The Fair Housing Center will submit a press release to the appropriate City department. The City will place translated ads in or submit translated press releases to be agreed upon non-English speaking newspapers or newsletters to publicize the forums in addition to English speaking publications. The City will pay for translation costs. e. The Fair Housing Center will maintain a toll-free hotline and email address for comments and questions relating to impediments to fair housing in the City. Maintenance of the hot-line will include collecting and summarizing data on the number of calls, identity of callers (if provided) and content and nature of comments. The Fair Housing Center will utilize its Language Line interpreter service for non-English speaking clients. The Fair Housing Center will be responsible for Language Line costs related to the toll free hotline. Fair Housing Center of South Puget Sound 1517 South Fawcett, Suite 250 Tacoma, WA 98402 Voice/TTY: (253)274-9523 Toll Free: (888)766-8800 Fax: (253)274-8220 Email: thcsps~ix.netcom.com 4 3. Final Report a. The Fair Housing Center will submit one copy of the final draft of the Al by December 31, 2004. This final draft will be subject to final editing by the City of Bremerton. b. The final draft will not include a work plan for the City Bremerton for implementation of recommendations. c. The Fair Housing Center will incorporate final editing comments into a final document and submit it to City of Bremerton at a mutually agreed upon date. August 1, Contact HUD to acquire pertinent statistics 2004 October 1- Select sites and dates for public forums December 31, 2004 Prepare press releases, public service announcements and advertisements for print media, radio, television and the intemet. Arrange for translation for non-English speaking print media Review draft Consolidated Plan and other City documents. Gain access via disk or email of census and other data relevant to the AI. Develop survey for service providers. Submit surveys to appropriate departments for distribution to agencies and constituents and/or obtain lists from departments for mailing and follow up phone calls. Request complaint information from the U.S. Department of Housing and Urban Development, Washington State Human Rights Commission and the U.S. Department of Justice. Discuss map of testing sites and complaints where discrimination has taken place with City department responsible for mapping. November Media blitz for public forums, hot line and public input Forums during February or July Toll free hotline active for one month Surveys sent to agencies and citizens-Follow up phone calls by staff. Review documents Compile Information. November Review and analyze rental testing data. Review banking information. Review mortgage lending data and first time homebuyer statistics. Compile report December 31 Submit report to City of Bremerton Mutually Final corrections made to document Agreed upon Date Fair Housing Center of South Puget Sound 1517 South Fawcett, Suite 250 Tacoma, WA 98402 Voice/TTY: (253)274-9523 Toll Free: (888)766-8800 Fax: (253)274-8220 Email: fhcsps~ix.netcom.com 5 FAIR HOUSING CENTER OF SOUTH PUGET SOUND ATTACHMENT C Administrative costs: Mileage ~ .36, Language $600 Language Line translation Line ~$3.75/minute, for comment line, postage, interpreters at $55/hour, travel & incidentals copying at .05/page, ~osta~e at .74/item Hourly rate include benefits and overhead. Fair Housing Center of South Puget Sound 1517 South Fawcett, Suite 250 Tacoma, WA 98402 Voice/TTY: (253)274-9523 Toll Free: (888)766-8800 Fax: (253)274-8220 Email: thcsps~ix.netcom.com