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HomeMy WebLinkAboutContract 52638 23456) Q�1 8sio CITY SECRETARY 3 ��<LO CONTRACT N0. OFF, 8� 95 FEZ City of Fort Worth, TX Human Relations Unit Fair Housing Assistance Program Training Agreement Prepared by International Development and Planning, LLC 0 F F I C I A L im6C CITY SECRETA FT. WORTH, 9 Overview of Scope of Work International Development and Planning,LLC (IDP,LLC)will conduct three training sessions on various aspects of Fair Housing Investigations for the City of Fort Worth,TX Human Relations Unit(FTHR).These training sessions are part of a training event taking place in the City of Fort Worth,TX from August 13-15,2019.IDP,LLC's nationally renowned instructors,Mr.Michael D.Mitchell and Mr.Jeffrey Paul May will share with attendees their expertise on the following subjects: - Tuesday,August 13th from 1 PM to 2:30 PM -Reasonable Accommodations and Reasonable Modifications-Jeffrey Paul May - Wednesday,August 14th from 2:45 PM to 4:25 PM -Investigative Writing-Michael D.Mitchell - Thursday,August 15th from 1 PM to 2:30 PM-Title II American with Disabilities Act -Michael D.Mitchell The purpose of these three training sessions is to assist attendees and their agency's to fulfill their obligations as"Certified Substantially Equivalent Agencies"under the provisions of 42 U.S.C. 3610&3617,and 24 C.F.R.115.This place-based Fair Housing Assistance training will focus on the concepts,laws,and sldll development in accordance with the Fair Housing Act,regulations,the HUD Title Vill Investigators Handbook,and HUD guidance and directives. Capabilities and Experience Mr.Jeffrey Paul May and his team of associates have more than 50 years of experience in framing,planning and project management. IDP,LLC team members have assisted government agencies,non-profits, and private clients with plans,studies, analyses and strategies to develop and preserve community and economic development investments. IDP,LLC provides a number of services to government and industry that can assist them in meeting their fair housing, fair lending,diversity,or environmental justice goals and needs.These services include Fair Housing/Fair Lending Raining,technical assistance and guidance;Title VIII investigations and Title VHI mystery shopping; drafting Analyses of Impediments to Fair Housing Choice,Assessments of Fair Housing,Fair Housing Planning,Independent Research and Evaluation;programs in involving Community Development Block Grant,Disaster Recovery, and Neighborhood Stabilization Programs. In addition to our teams broad knowledge,we possess the ability to effectively provide management and support to all aspects of any project.Utilizing nationally-recognized 2 subject matter-experts(SMEs)with the best resources available to complete a project ensures client satisfaction. In addition to our core team,IDP,LLC has access to a wide variety of consultants to assist with project tasks.Through our strategic partners,IDP, LLC has a network of professional SMEs, trainers, coordinators,managers,associates, attorneys, and researchers available to execute assignments nationwide. Jeffrey Paul May,MURP Jeffrey Paul May is a national expert on fair housing planning,fair lending and affordable housing. As the principal of International Development and Planning,LLC, he provides project management,training,technical assistance and research services to public agencies and private clients. From 2008 to 2015,Mr.May has served as the Assistant Director of National Neighbors (NN),a program of the National Community Reinvestment Coalition. His responsibilities were to provide oversight of all NN's education,planning, compliance and enforcement activities occurring across the United States of America. In his previous post,he was the Project Director of the Fair Housing Program for DB Consulting Group, Inc.,Executive Director of the Greater New Orleans Fair Housing Action Center and Member Services Director at the National Fair Housing Alliance. Mr.May holds a Bachelor's degree in Sociology and a Master's in Urban and Regional Planning(MURP). He is a former member of the Fannie Mae Housing Impact Advisory Council, and the National Fair Housing Alliance's Board of Directors. He has been a member of the national,state, and National Capital chapters of the American Planning Association. Michael D.Mitchell,J.D. Michael D.Mitchell has a longtime commitment to civil rights and economic justice, having worked in the field of civil rights law enforcement for over 25 years.He most recently served as the Director of National Neighbors, a program of the National Community Reinvestment Coalition(NCRC),where he has also been the Vice President of Fair Lending.Mr.Mitchell spearheaded the Coalition's systemic fair lending initiatives,led efforts to combat predatory lending and redlining,led the national mystery shoppmg/testing program of lenders,conducted training on fair housing planning,fair lending enforcement,and provided technical assistance and fair housing capacity building training to state and municipal agencies and community organizations. Additionally,he managed the coalition's enforcement efforts and 3 provided compliance and best practice partnership services to lenders and housing providers. Mr.Mitchell has served as an Adjunct Professor of Law at Howard University School of Law since 2007, and has also served as an Instructor at the National Fair Housing Training Academy, and is a frequent speaker at national and regional conferences. Before joining NCRC,Mr.Mitchell worked for seven years with the Equal Rights Center as the Director of Enforcement,and the Fair Housing Council of Greater Washington, where he served as the Director of the Fair Housing Center of Suburban Maryland. In these positions he conducted testing of housing providers,public accommodations, insurance companies, and lenders,and participated in several cases that led to landmark decisions.Mr.Mitchell was involved in a series of successful fair housing cases involving homeowner's insurance companies'liability under the Fair Housing Act. Mr.Mitchell also worked for the City Rockville,Maryland,, as the City's Human Rights Officer.In this position he worked to enforce Rockville's Human Rights Ordinance as it pertained to discrimination in employment,housing and public accommodations. Prior to coming to Washington,he practiced law in the Oakland,California area for three years,working both as a solo practitioner and serving as an Associate in the Law offices of Richard R.Wright. Mr.Mitchell is an honors graduate of Morehouse College,Class of 1979,and a graduate of the University of California,Berkeley School of Law. Budget International Development and Planning,LLC proposes a budget of$5,916.00 to conduct three training sessions on various aspects of Fair Housing Investigations for the City of Fort Worth,TX Human Relations Unit. This budget is an estimate of the total cost of resources necessary to complete this project.It does include:travel costs and per diem $1,5W.00 per day is the training fee per instructor for Mr.Michael D.Mitchell and Mr.Jeffrey Paul May. Tasks Hours Payment Schedule Conduct three training 1 consultants x $4,500.00 sessions over three days $1,500 per day x 3 days 4 Airfare $375 x 2 travelers $750.00 Car rental $150 $150.00 Airport and Hotel $40 x 3 days $120.00 Parking Per Diem $66 x 3 days x 2 $396.00 travelers TOTAL $5,916.00 All parties acknowledge by signing below,each has mutually agreed to the aforementioned scope of work for this project.The fee for these services plus expenses is$5,916.00. ACCEPTED AND AGREED: CITY: City of Fort Worth BY Name: Fenvindo Costa Title: Assistant City Manager Date: Approval R ended: 7 By OF F�RT�,. Name: Angela tishO Title: A for Attest: c= Name: Wys ' * • Title: V Contract Compliance Manager: By signing I adalowledge that I am the person responssble for the monitoring and administration of this contract,including ensuring all pgrformance repo ' g requirements- BY- Name Angela RQsh Title: Administrator Approved as to Form and Legality: Name: Cbridopher A.Troutt Title: Assistant City Attorney Contract Authorization: M&-C: VENDOR: Intematio &entandPlarmingLLC sy OFFICIAL RECORD Name: 5 CITY SECRETARY Title: FT. WORTH,TX Date: ADDENDUM TO FAIR HOUSING ASSISTANCE PROGRAM TRAINING AGREEMENT BETWEEN THE CITY OF FORT WORTH AND INTERNATIONAL DEVELOPMENT AND PLANNING, LLC This Addendum to the Fair Housing Assistance Program Training Agreement ("Addendum')is entered into by and between the International Development and Planning, LLC ("Vendor')and the City of Fort Worth("City'l, collectively the`parties",for training services. The Contract documents shall include the following: 1. The Fair Housing Assistance Program Training Agreement; and 2. This Addendum. Notwithstanding any language to the contrary in the attached Fair Housing Assistance Program Training Agreement (the "Agreement"), the Parties hereby stipulate by evidence of execution of this Addendum below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Term. The Agreement shall become effective upon the signing of the Agreement by an Assistant City Manager of the City (the "Effective Date") and shall expire three (3)years after the Effective Date (the Expiration Date"), unless terminated earlier in accordance with the provisions of the Agreement or otherwise extended by the parties.The Agreement may be renewed for zero (0) number of renewals at City's option, each a "Renewal Term" City shall provide Vendor with written notice of its intent to renew at least thirty (30)days prior to the end of each term. 2. Termination. a. Convenience. Either City or Vendor may terminate the Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. b. Breach.If either party commits a material breach of the Agreement,the non- breaching Party must give written notice to the breaching party that describes the breach in reasonable detail.The breaching party must cure the breach ten(10)calendar days after receipt of notice from the non-breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time,the non-breaching party may, in its sole discretion, and without prejudice to any other right under the Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal Addendum to the Fair Dousing Assistance Program Training Agreement Page 1 of 5 Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. d. Duties and Obligations of the Parties. In the event that the Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with the Agreement up to the effective date of termination. Upon termination of the Agreement for any reason, Vendor shall provide City with copies of all completed or partially completed documents prepared under the Agreement. In the event Vendor has received access to City information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 3. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached Agreement requires City to pay attorneys' fees for any action contemplated or taken,or penalties or liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 4. Law and Venue.The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas,exclusive of conflicts of laws provisions.Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County,Texas.To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 5. Linked Terms and Conditions. If the Agreement contains a website link to terms and conditions,the linked terms and conditions located at that website link as of the effective date of the Agreement shall be the linked terms and conditions referred to in the Agreement. To the extent that the linked terms and conditions conflict with any provision of either this Addendum or the Agreement,the provisions contained within this Addendum and the Agreement shall control. If any changes are made to the linked terms and conditions after the date of the Agreement, such changes are hereby deleted and void. Further, if Vendor cannot clearly and sufficiently demonstrate the exact terms and conditions as of the effective date of the Agreement, all of the linked terms and conditions are hereby deleted and void. 6. Insurance. The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Goverment Code, entitled "Self-Insurance by Governmental Units," is self-insured and therefore is not required to purchase insurance. To the extent the Agreement requires City to purchase insurance, City objects to any such provision,the parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect City will provide a letter of self-insured status as requested by Vendor. Addendum to the Fair Housing Assistance Program Training Agreement Page 2 of 5 7. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. 8. Limitation of Liability and Indemnity. To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 9. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable,City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination 10. Confidential Information. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act,City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect.In the event there is a request for information marked Confidential or Proprietary,City shall promptly notify Vendor.It will be the responsibility of Vendor to submit reasons objecting to disclosure.A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 11. Addendum Controlling If any provisions of the attached Agreement,conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule,regulation or ordinance of City,the terms in this Addendum shall control. 12. Immigration Nationality Act Vendor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services.VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES,SUBCONTRACTORS,AGENTS,OR LICENSEES.City,upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 13. No Boycott of Israel. If Vendor has fewer than 10 employees or the Agreement is for less than$100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and(2)will not boycott Israel during the term of the Addendum to the Fair Housing Assistance Program Training Agreement Page 3 of 5 contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Addendum, Vendor certifies that Vendor's signature provides written verification to City that Vendor: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the Agreement. 14. Ripht to Audit. Vendor agrees that City shall,until the expiration of three(3)years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement Vendor agrees that City shall have access during normal working hours to all necessary Vendor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section.City shall give Vendor reasonable advance notice of intended audits. (signature page follows) Addendum to the Pair Housing Assistance Program Training Agreement Page 4 of 5 ACCEPTED AND AGREED: CITY: City of Fort Worth Contract Compliance Manager. By signing I acknowledge that I am the person responsible for the monitoring and administration cya�� of this contract,including ensuring all By: performance and reporting requirements. Name: Fernando Costa Title: Assistant City Manager Date: By: Name: Ang Rush Approval Recommended: Title: Administrator Approved as to Form and Legality- By: Name: An,, Rush Title: Administrator By: Name: Christopher A.Troutt Attest: Title: Assistant City Attomey RTr Contract Authorization: Q M&C: By: ` J► Name- Title: City Secretary (, T �� VENDOR: International a pment d Planning,LLC By: Name: Title: Date: OFFICIAL RECORc' clnr sECRErARY FT. WpRTIi,TX i Addendum to the Fair Housing Assistance Program Training Agreement Page 5 of 5