RESOLUTION 93-20837 RESOLUTION NUMBER 93-20837
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH ICF, INCORPORATED FOR PROFESSIONAL
SERVICES TO PREPARE A FIVE YEAR COMPREHENSIVE
HOUSING AFFORDABILITY STRATEGY ("CHAS") FOR
SUBMISSION TO THE U.S. HOUSING AND URBAN
DEVELOPMENT DEPARTMENT.
Whereas, The U.S. Department of Housing and Urban Development("HUD")
required of all local government entities as a condition of receiving federal assistance that
a five year Comprehensive Housing Affordability Strategy ("CHAS") be prepared
commencing FY 1991/92, and further required an annual update each year thereafter; and
Whereas, The City prepared and submitted the required fiveY ear CHAS for FY
1991/92, and prepared and submitted an annual update for FY 1992/93; and
Whereas, For FY 1993/94, HUD has revised its requirements based on two years of
experience with the CHAS program, and is requiring the submission a new five-year CHAS,
revised to include the research and analysis based on 1990 census data and incorporating
more sophisticated analysis and planning methodology and requiring much more detailed
presentation; and
Whereas, due to the number of vacancies in the Housing and Community
Development Division, the required level of research and analysis cannot be accomplished
by existing staff within the time available, while continuing to complete their regular duties;
and
Whereas, ICF, Incorporated is the only firm under contract with U.S. HUD for
official CHAS preperation training, and has unique experience and capability in the
preparation of similar CHAS documents for other municipal jurisdictions, and is familiar
with local issues in South Florida; and
Whereas, funds for such costs are available as part of the Federal Community
Development Block Grant Allocation received by the City.
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,that the Mayor and City Clerk execute
the attached Professional Services agreement with ICF, Incorporated, for planning services
associated with preparation of a new five-year Comprehensive Housing Affordability
Strategy ("CHAS"), in the amount of $30,000.
Passed and adopted this 14th day of July , 1993.
RMC/STP/ch
Attest:
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ULOA)4 t• AsAr
ity Clerk Mayor
FIRM
.fit
Date / ''�
CITY OF IA1I REACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 374-9_3
TO: Mayor Seymour Gelber and DATE: July 14, 1993
Members of the City Commission
FROM: Roger M. C �� �j
City Manager
SUBJECT:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE FIRM
ICF, INCORPORATED TO PREPARE A NEW FIVE YEAR
COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS)
FOR SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT.
ADMINISTRATIVE RECOMMENDATION:
That the City Commission adopt the attached Resolution which waives the competitive bid
process, in accordance with City Code 31A-10 Paragraph (e), and authorizes the Mayor and
City Clerk to execute a negotiated Letter Agreement with ICF, Incorporated in an amount
not to exceed $30,000 for services involved in the preparation of the City's five year
Comprehensive Housing Affordability Strategy ("CHAS").
FUNDING SOURCE:
Funds are available from the federal Community Development Block Grant ("CDBG"), and
will have no impact on the General Funds of the City.
BACKGROUND:
Title I of the National Affordable Housing Act of 1990 sets out the requirement that in
order to receive Federal funds, a State or local government must have a HUD-approved
CHAS. The U.S. Department of Housing and Urban Development ("HUD") requires all
local government entities as a condition of receiving federal assistance, to submit a five (5)
year CHAS and an annual update, satisfactory to HUD. Without an approved CHAS, the
City can no longer qualify for grants or any assistance funds under the programs directed
by HUD, including the Community Development Block Grants (CDBG), the HOME
Investment Partnership Act, and the Emergency Shelter Grants Program. The City currently
receives over $4.6 Million annually from these programs.
In December 1991, the City Commission adopted the Five (5) year CHAS document which
was submitted to U.S. HUD, and we subsequently submitted the next Annual Plan
component for FY 92/93. HUD has now revised its requirements based on two years
experience with the program, and is now requiring a new five (5) year CHAS which must
include research and analysis based on 1990 Census data and incorporating more
AGENDA - 4
ITEM
DATE
COMMISSION MEMO
JULY 14, 1993
PAGE 2
sophisticated analysis, planning methodologies, and more detailed methods of presenting the
required tables, charts and narratives.
The CHAS must describe local housing needs and market conditions, set out a five year
strategy that establishes priorities for meeting those needs, identify the resources anticipated
to be available for the provision of affordable housing, and establish a one year investment
plan outlining the uses of the resources. This is a very detailed plan requiring extensive
research, data compilation, 1990 Census analysis, planning, etc.
Due to the number of vacancies in the Housing and Community Development Division of
the Department of Development, Design and Historic Preservation, the required level of
research and analysis cannot be accomplished within the time constraints established by
HUD. Further, retaining an independent firm to prepare the CHAS will give the City the
opportunity to pull together the various groups who havean interest in housing issues in a
completely unbiased fashion, and review their input objectively.
ANALYSIS:
The proposed firm, ICF, Incorporated, has an impressive record of success in dealing with
HUD. We have verified with our HUD Representative in Jacksonville that ICF is serving
as a contractor for HUD preparing and presenting training workshops nationally to State
and Local officials on how to prepare the CHAS. ICF is the only firm under contract with
HUD for this purpose. They have prepared CHASes for other municipalities which have
been approved by HUD and they are the only consultant that has prepared a CHAS in the
State of Florida. In addition, the proposed project manager is a certified CHAS trainer, and
has had extensive experience in preparing a number of CHASes, including a review and
final edit of the CHAS submitted by Metropolitan Dade County, which provides an
introduction to the problems unique to South Florida.
CONCLUSION:
Contracting with ICF Incorporated, as a sole source for this endeavor is essential given our
limited manpower and the time constraints, i.e. the CHAS is required to be submitted for
preliminary review in October of 1993, and/or submitted in final form by December 1993.
It is recommended that the City Commission approve the attached Resolution which waives
competitive bidding, and permits the City Manager to execute a Letter contract for
professional services needed in the preparation of the new Five (5) year CHAS. In view of
the fact that ICF, Incorporated, is thoroughly familiar with the process of preparing the
CHAS documents for U.S. HUD, authorization is requested for the Mayor and City Clerk
to execute this Letter Agreement.
RMC:STP:ch
Attachment
5
CONSULTING AGREEMENT
This Agreement ("Agreement") dated this 20th day of July, 1993 is between the City of Miami Beach
("Client"), located at 1700 Convention Center Drive, Miami Beach, Florida 33139 and ICF, Incorporated
("Consultant"), located at 9300 Lee Highway, Fairfax, Virginia 22031.
TYPE OF AGREEMENT: FIXED PRICE
WHEREAS, Consultant is in the business of providing certain services and is willing to provide such
services to Client; and
WHEREAS, Client desires to utilize Consultant's services as provided for herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties
hereto agree as follows:
1. GENERAL TERMS AND CONDITIONS
1.1 The general terms and conditions of this Agreement are set forth in Appendix A,
attached hereto and incorporated herein by reference.
2. SCOPE OF WORK
2.1 Consultant shall provide the services set forth in Appendix B, attached hereto and incor-
porated herein by reference ("Services"). Consultant shall furnish all deliverables as set
forth in Appendix B in accordance with the terms set forth therein (hereinafter
"Deliverables"), and as further delineated in the ICF proposal to the Client, dated June 4,
1993.
3. PERIOD OF PERFORMANCE
3.1 The period of performance for this Agreement shall be from the last signature date of
contract execution through completion of the deliverables or November 30, 1993,
whichever is longer.
4. FEES AND PAYMENT
4.1 In consideration of the Statement of Work, the Client shall pay Consultant a fixed price
of $30,000.
The fixed price includes staff travel and other direct costs associated with the delivery in
accordance with the Statement of Work (Appendix B).
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4.2 Consultant payment terms shall be as follows:
$9,000 upon the completion and submission of draft Community Profile
$9,000 upon the completion and submission of first complete draft of Five-Year Strategy
$6,000 upon completion and submission of complete draft of the Annual Plan
$6,000 upon completion and submission of final CHAS to the City.
Amounts due to Consultant will be paid by the Client upon submittal of an invoice for payment
from the Consultant.
5. NOTICE
5.1 Any notice given by either party shall be in writing and shall be deemed given, three (3)
days after deposited in the United States mail, postage prepaid, certified return receipt
requested, or upon actual delivery to the other party at the following Addresses:
TO Client: TO Consultant:
Robert Lyke
Contracts Manager
ICF, Incorporated
9300 Lee Highway
Fairfax, Virginia 22031
6. ENTIRE AGREEMENT
0.1 Both parties acknowledge that they have read this Agreement, understand it and agree
to be bound by its terms and further agree that it is the entire agreement between
parties hereto which supersedes all prior agreements, written or oral, relating to the
subject matter hereof. No modification or waiver of any provision shall be binding
unless in writing and signed by the party against whom such modification or waiver is
sought to be enforced.
IN WITNESS WHEREOF, Client and Consultant have caused this Agreement to be executed by their duly
authorized representatives as of the date first written above.
FOR: CONSULTANT FO-
Pr
O- CLIENT
S�. •. ure -y r Gelber, Mayor Signature
QtM-44-LZYL Ltiv•oi
Name (Typed or Printed) Ri and E. Brown, City Clerk
FORM A,PPROVED
DateL' G , LDEPTDate
.
I,► 4</ I/ 6? r,/
Date
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APPENDIX A
GENERAL TERMS & CONDITIONS
1. CONSULTANT'S RESPONSIBILITIES. Consultant/Contractor other instruments or other actions which call for investments, loans or
("Consultant")shall perform the Services utilizing the standard of care other transfers of money to Client without Consultant's prior written
normally exercised by professional consulting firms in performing authorization.
comparable services under similar conditions. CONSULTANT
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, Each party shall return all Proprietary Information relating to this
EXCEPT AS SPECIFICALLY SET FORTH IN THIS Agreement to the disclosing party upon request of the disclosing party
AGREEMENT. or upon termination of this Agreement, whichever occurs first. Each
party shall have the right to retain a copy of the Proprietary
2. CLIENT'S RESPONSIBILITIES. The Client shall provide to Information for its internal records and subject to the restrictions set
Consultant such data as may be reasonably available to Client and as forth in this Section. This Section shall survive termination of this
may be required by Consultant to properly perform the Services.Client Agreement.
shall provide site access at such times as may reasonably be required by
Consultant and shall make timely payments in accordance with the 4.ACCEPTANCE. Client shall have five(5) days to reject all or part
terms of this Agreement. of each Deliverable. Each Deliverable, to the extent not rejected in
writing by Client,shall be deemed accepted.
3. PROPRIETARY INFORMATION. Proprietary confidential
information ("Proprietary Information') developed or disclosed by 5.PAYMENT TERMS.Invoices may be submitted on a bi-weekly basis
either party under this Agreement shall be clearly labeled and identified and are due upon receipt. Unpaid balances shall be subject to interest
as Proprietary Information by the disclosing party at the time of at the rate of 1 %per month on the unpaid balance or the maximum
disclosure. When concurrent written identification of Proprietary rate permitted by law,whichever is less,starting 30 calendar days from
Information is not feasible at the time of such disclosure,the disclosing the invoice date. Payments received will first be applied to accrued
party shall provide such identification in writing promptly thereafter. interest, with the balance to be applied to any unpaid fees. Timely
Oral communications pertaining to the Services shall be presumed to payment is a material part of the consideration for the performance of
be Proprietary Information unless otherwise indicated by the disclosing the Services. In the event that payment has not been made in
party. accordance with the terms of this Agreement, in addition to any other
remedy which Consultant may have under law or equity, Consultant
Each party shall handle Proprietary Information received from the may stop work,and/or terminate this Agreement.
other party in the same manner as the receiving party handles its own
Proprietary Information. Disclosure of Proprietary Information shall 6. PROMPT PAYMENT DISCOUNT. Provided Client is in full
be restricted to those individuals who need access to such Proprietary compliance with all other terms of this Agreement, for contracts in
Information as needed to ensure proper performance of the Services. excess of$10,000,Client shall be entitled to a prompt payment discount
of one percent (1%) of the amount of any invoice for which full
Neither party shall be liable for disclosure or use of Proprietary payment is received within ten(10)calendar days from the date on the
Information which:(1)was known by the receiving party at the time of invoice, or one-half of one percent (0.5%) of the amount of such
the disclosure due to circumstances or events unrelated to this invoice if full payment is received within twenty(20)calendar days of
Agreement; (2) is generally available to the public without breach of • the date on the invoice.
this Agreement; (3) is disclosed with the prior written approval of the
disclosing party;or(4)is required to be released by law or court order. 7. CONTRACT CEILING PRICE. For time and material and unit
price contracts with a contract ceiling, if at any time Consultant has
Upon payment in full for the Services, and unless otherwise stated reason to believe that an increase in such limitation will be necessary,
herein, deliverables, analyses and reports developed under this it will give prior notice to that effect providing a written estimate to
Agreement ("Deliverables") shall be the property of the Client. The complete the Services and proposing a new limitation figure and giving
Consultant shall not disclose the Deliverables relating to the Services appropriate supporting data so that Client may, at its sole discretion,
to a third party without the prior written authorization of the Client. increase such limitation by written modification to this Agreement.
Client shall be solely responsible for any disclosure of the Deliverables
which may be required by law and agrees to indemnity and hold Consultant shall not be required to perform the Services to the extent
Consultant harmless for any loss resulting from Client's failure to make that such performance exceeds the ceiling price of this Agreement. In
such disclosure.Where applicable law requires immediate disclosure by the event of a dispute relating to the contract ceiling price,such dispute
the Consultant, Consultant shall make its best efforts to give prior shall be resolved in accordance with the Disputes clause of this
notice to Client.At Client's request and expense,Consultant will assist Agreement.Consultant shall continue to perform the Services pending
the Client in making such disclosures as may be required by law. resolution of the Dispute.
Ownership in the Deliverables shall pass upon payment of the related 8. CURRENCY OF PAYMENT. Unless otherwise set forth in this
invoice.Under no circumstances is the Client or anyone acting through, Agreement, all payments shall be in United States Dollars ($US).
with,or on behalf of the Client, permitted to use any Deliverables(or Where exchange rates are involved,the rate of exchange between$US
other work product of consultant or its employees or subcontractors and the other currency involved in the transaction shall be the rate of
under this Agreement)in connection with any sale or offering for sale exchange as of the date of invoice. The date of each invoice shall be
of securities, including without limitation stock, bonds, notes-or any clearly marked on each invoice.
9. LIMITATIONS OF LIABILITY. The Parties desire to enter into 15. CHANGES TO THE SERVICES. The Client may direct
this Agreement only if in so doing they can place a limit on liability changes within the general Scope of Work. Upon notification of
for any cause of action for money damages due to an alleged breach such direction,the Consultant shall prepare an estimate of the
by either Party of this Agreement,so that liability for any such additional cost and time required, if any, to perform the change.
breach never exceeds the sum of thirty thousand and 00/100 dollars Upon mutual written agreement, Consultant shall perform the
($30,000). The Parties hereby express their willingness to enter into change and an equitable adjustment shall be made to the price
this Agreement with a thirty thousand dollar($30,000.00) limitation and/or time schedule as appropriate.
on recovery for any damage action for breach of contract.
16. INSURANCE. During the term of this agreement, Consultant
Accordingly, the Parties hereby agree that they shall not be liable to shall maintain the following insurance coverages and limits of
each other for damages in an amount in excess of$30,000 for any liability. Consultant's liability shall be limited to amounts paid to or
action or claim for breach of contract arising out of the performance on behalf of Consultant under policies listed below,or to the value
or non-performance of any obligations imposed upon either by this of this Agreement,whichever is greater.
Agreement. Nothing contained in this section or elsewhere in this
Agreement is in any way intended to be a waiver of the limitation a. Workers Compensation Insurance with statutory limits and
placed upon client's liability as set forth in Florida statutes,Section Employers Liability Insurance including occupational disease,with a
768.28. limit of not less than$1,000,000.
10. HEALTH &SAFETY. Client shall notify Consultant of any b. Commercial General Liability insurance in an amount of at least
known or suspected hazards existing at any site where the Services $1,000,000 per occurrence and$2,000,000 in the aggregate. This
are to be provided, including but not limited to hazardous waste or coverage shall include premises and operations,explosion,collapses,
substances and underground utilities. and underground hazards(XCU), products and operations,
contractual, independent contractors, broad form property damage
11. CONFLICT OF INTEREST.The Client acknowledges that the and bodily injury.
Consultant provides similar services for a broad range of other
clients and agrees that Consultant shall be free to work for other c. Comprehensive Automobile Liability Insurance in for owned,
clients in matters that do not involve the use of any Proprietary hired,or non-owned vehicles in an amount not less than$1,000,000.
Information that has been disclosed by the Client under the terms of
this Agreement or do not directly relate to the specific Services All policies of insurance required by this section shall indicate as a
provided by the Consultant to the Client under this Agreement. named or additional insured the City of Miami Beach. On or before
the commencement of this Agreement, Consultant shall furnish
12.TERMINATION.This Agreement may be terminated in whole Certificates of Insurance to Client which shall clearly indicate that
or in part by the Client in writing at any time during the period of Consultant has obtained insurance in the type,amount, and
performance. Upon receipt of notice of termination or partial classifications required by this Agreement.
termination from Client, the Consultant shall immediately cease
performance of the Services to the extent set forth in the termination 17. DISPUTES. Any dispute relating to this Agreement shall be
notice and shall take all reasonable steps to minimize costs relating submitted to a panel consisting of at least one representative of each
to such termination. Client shall pay for Services rendered through party who shall have the authority to enter into an agreement to
the date of termination, plus reasonable termination costs. resolve the dispute. The panel shall meet for a maximum of three
days. Should this dispute resolution be unsuccessful, the matter may
13. FORCE MAJEURE. Neither party shall be responsible for any be submitted by either party to arbitration and no written or oral
delay or failure in performance,except obligations to make payments representation made during the course of any panel proceeding or
hereunder for work previously performed,to the extent that such other settlement negotiations shall be deemed a party admission.
delay or failure was caused by a force majeure event including Act of
God,war,civil disturbance,governmental action, labor dispute The arbitration shall be conducted in accordance with the
unrelated to the party claiming the force majeure event,cornputer Arbitration Rules of the American Arbitration Association. The
virus or denial of access to the system or any other event beyond the award rendered by the arbitrators shall be final and judgement may
reasonable control of the claiming party. be entered upon it in accordance with the applicable law in any court
having jurisdiction thereof.
Performance under this agreement shall resume promptly once the
cause of delay or failure ceases and an equitable adjustment shall be 18. INDEPENDENT CONTRACTOR. The Consultant is an
made to the price and/or schedule of the Services. independent contractor and shall not be deemed to be an employee
or agent of the Client. Consultant shall indemnify and hold Client
14. CHANGED CONDITIONS.The discovery of any hazardous harmless against all liability and losses resulting from Consultant's
waste or substance,underground obstruction, underground utilities . failure to pay all taxes and fees.
or other latent obstruction to the performance of the Services to the
extent that such conditions are not the subject of the Services as 19. The Consultant agrees to indemnify and hold harmless, the
defined in the Scope of Work,and to the extent that such conditions Client and its officer,employees and agents, from and against any
• were not brought to the attention of the Consultant prior to and all actions,claims,liabilities, losses,expenses, including hut not
execution of this Agreement,or any change in law that materially limited to,attorney's fees,for personal,economic or bodily injury,
affects the obligations or rights of either party under this Agreement, wrongful death,loss of or damage to property, in law or in equity,
shall constitute a materially different site condition entitling the which may arise or be alleged to have arisen from the negligent acts
• Consultant to an equitable adjustment in the contract price, time of or omission or other wrongful conduct of the Consultant or its
performance,or both,as appropriate. subcontractors,employees,or agents in connection with the
• Consultant's performance of services pursuant to this Agreement.
•
The Consultant's obligation under this section shall not include the
obligation to indemnify the Client, its officers,employees and agents,
from and against any actions or claims which arise or are alleged to
have arisen from negligent acts or omissions or other wrongful
conduct of the Client, its officers,employees and agents.
The parties each agree to give the other party prompt notice of any
claim coming to its knowledge that in any way directly or indirectly
affects the other party.
APPENDIX B
STATEMENT OF WORK
The assistance to be provided by the Consultant to the City includes the following:
1. Coordination of meetings and phone discussions, as appropriate, with relevant City,
County, State, non-profits and private sector groups and individuals prior to preparation
of the CHAS.
2. Gather and analyze all relevant information, reports, data and other documents as
appropriate.
3. Assume lead responsibility for preparation of the Community Profile section of the
CHAS, including narrative and tables.
4. Coordinate with City officials regarding development of key five year priorities, goals
and rationale.
5. Assume lead responsibility for preparation of the Five Year Strategy narrative section of
the CHAS.
6. Analyze current and prospective resources, capacity and one year goals to be achieved
for FY 1994 by the City.
7. Work with City officials, and public and private non-profit organizations active within the
community in preparation of the Annual Plan, narrative and tables.
8. Work with City officials to facilitate community participation and the CHAS Public
Hearing.
9. Assist the City in compiling and summarizing any comments received from the public as
a result of the Community Participation process.
10. Review the final CHAS prior to submission to HUD to assure completeness and
consistency with the National Affordable Housing Act.
UK1(11NAL
RESOLUTION NO. 93-20837
Authorizing the Mayor and City Clerk to
execute a professional services agreement
with ICF.
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