HomeMy WebLinkAbout2009-160 CONT Addendum - Fair Housing
ADDENDUM TO CITY OF ASHLAND
CONTRACT FOR PERSONAL SERVICES LESS THAN $25,000
Addendum made this 15th day of Julv, 2009, between the City of Ashland
("City") and Fair Housinq Council of Oreqon ("Consultant").
Recitals:
A. On Julv 22, 2009 , City and Consultant entered into a "City of Ashland Contract
for Personal Services Less Than $25,000" (further referred to in this addendum as "the
agreement").
B. The parties desire to amend the agreement to
"extend the date of comoletion" .
City and Consultant agree to amend the agreement in the following manner:
1. The date for completion is extended to September 30, 2009.
2. Except as modified above the terms of the agreement shall remain in full force and
effect.
CONSULTANT: / ~
BY~
Its lZ^t:Zc.u"Tl?V~ PlY? 5cT,r;<<:.
CITY OF ASHLAND:
BY t:I~..:t. # -;:::;-
,/. . ~inance Director
Date ?~La?
f , I
CONTENT REVIEW: JrL ~
(City Dept. Head)
Date:
Purchase Order # 09046
DATE
7 /z./ /6Cf,
Acct. No.: 250090000604100
(For City purposes only)
1- CITY OF ASHLAND, CONTRACT FOR PERSONAL SERVICES <$25,000
, Contract for PERSONAL SERVICES Less than $25,000
CITY OF
ASHLAND
20 East Main Street
Ashland, Oregon 97520
Telephone: 541/488-6002
Fax: 541/488-5311
CONSULTANT: Fair Housing Council of Oregon
CONTACT: Moloy K. Good
ADDRESS: 1020 SW. Taylor Street Suite 700
Portland, OR 97205
DATE AGREEMENT PREPARED:
07/02/2008
BEGINNING DATE: 08/01/2008
COMPENSATION: $10,000.00
TELEPHONE: (503) 402-1157
FAX:
COMPLETION DATE: 06/15/2009
SERVICES TO BE PROVIDED: Analvsis of ImDediments
ADDITIONAL TERMS: See attached: Exhibits C and D
FINDINGS:
Pursuant to AMC 2.52.040E and AMC 2.52.060, after reasonable inquiry and evaluation, the undersigned Department
Head finds and determines that: (1) the services to be acquired are personal services; (2) the City does not have
adequate personnel nor resources to perform the services; (3) the statement of work represents the department's plan for
utilization of such personal services; (4) the undersigned consultant has specialized experience, education, training and
capability sufficient to perform the quality, quantity and type of work requested in the scope of work within the time and
financial constraints provided; (5) the consultant's proposal will best serve the needs of the City; and (6) the
compensation negotiated herein is fair and reasonable.
NOW THEREFORE, in consideration of the mutual covenants contained herein the CITY AND CONSULTANT AGREE as
follows:
1. Findings / Recitations. The findings and recitations set forth above are true and correct and are incorporated herein
by this reference.
2. All Costs by Consultant: Consultant shall, at its own risk and expense, perform the personal services described
above and, unless otherwise specified, furnish all labor, equipment and materials required for the proper performance
of such service.
3. Qualified Work: Consultant has represented, and by entering into this contract now represents, that all personnel
assigned to the work required under this contract are fully qualified to perform the service to which they will be.
assigned in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of
Oregon, are so registered, licensed and bonded.
4. Completion Date: Consultant shall start performing the service under this contract by the beginning date indicated
above and complete the service by the completion date indicated above.
5. Compensation: City shall pay Consultant for service performed, including costs and expenses, the sum specified
above. Once work commences, invoices shall be prepared and submitted by the tenth of the month for work
completed in the prior month. Payments shall be made within 30 days of the date of the invoice. Should the contract
be prematurely terminated, payments wili be made for work completed and accepted to date of termination.
6. Ownership of Documents: All documents prepared by Consultant pursuant to this contract shall be the property of
City.
7. Statutory Requirements: ORS 279C.505, 279C.515, 279C.520 and 279C.530 are made part of this contract.
8. Living Wage Requirements: If the amount of this contract is $18,088 or more, Consultant is required to comply with
chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in this chapter, to all employees
performing work under this contract and to any Subcontractor who performs 50% or more of the service work under
this contract. Consultant is also required to post the notice attached hereto as Exhibit B predominantly in areas where
it will be seen by all employees.
9. Indemnification: Consultant agrees to defend, indemnify and save City, its officers, employees and agents harmless
from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from
injury to any person (including injury resulting in death), or damage (including loss or destruction) to property, of
whatsoever nature arising out of or incident to the performance of this contract by Consultant (including but not
limited to, Consultant's employees, agents, and others designated by Consultant to perform work or services
attendant to this contract). Consultant shall not be held responsible for any losses, expenses, claims, subrogations,
actions, costs, iudgments, or other damaoes, directly, solely, and proximatelv caused bv the negligence of City.
Contract for Personal Services, Revised 07/01/2008, Page 1 of 2
10. TerminatIon:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
c. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Consultant, or at such later date as may be established by City under any of the following
conditions:
I. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
il. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
HI. If any license or certificate required by law or regulation to be held by Consultant to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
I. Either City or Consultant may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
il. Time is of the essence for Consultant's performance of each and every obligation and duty under
this contract. City by written notice to Consultant of default or breach may at any time terminate
the whole or any part of this contract if Consultant fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iil. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obliqation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, cor d of this section, Consultant shall immediately cease all activities under
this contract, unless expressly directed othelWise by City in the notice of termination. Further, upon termination,
Consultant shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Consultant for work performed prior to
the termination date if such work was performed in accordance with the Contract.
11. Independent Contractor Status: Consultant is an independent contractor and not an employee of the City.
Consultant shall have the complete responsibility for the performance of this contract. Consultant shall provide
workers' compensation coverage as required in ORS Ch 656 for all persons employed to perform work pursuant to
this contract. Consultant is a subject empioyer that will comply with ORS 656.017.
12. Assignment and Subcontracts: Consultant shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Consultant shall be fully responsible for the acts or omissions of any assigns or Subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
13. Default. The Consultant shall be in default of this agreement if Consultant: commits any material breach or default
of any covenant, warranty, certification, or obligation it owes under the Contract; its ORF status pursuant to the ORF
Rules or loses any license, certificate or certification that is required to perform the Services or to qualify as a ORF if
consultant has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has instituted
against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing business
on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in, or
delegate duties under, the Contract.
14. Insurance. Consultant shall at its own expense provide the following insurance:
a. Worker's ComDensatlon insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers
b. Professional Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000.000, $2,000,000 or Not Applicable for each claim, incident or occurrence. This is to
cover damages caused by error, omission or negligent acts related to the professional services to be provided
under this contract.
c. General Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1.000.000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage. It shall include contractual liability coveraqe for the indemnity provided under this contract.
Contract for Personal Services, Revised 07/0112008, Page 2 of 10
d. Automobile Liabilitv insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200;000, $500,000, $1,000,000, or Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for owned, hired or non-owned vehicles, as applicable.
e. Notice of cancellation or chanqe. There shall be no cancellation, material change, reduction of limits or
intent not to renew the insurance coverage(s) without 30 days' written notice from the Consultant or its insurer(s) to
the City.
f. AdditionallnsuredlCertificates of Insurance. Consultant shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Consultant's services to be provided under this Contract. As evidence of the insurance coverages
required by this Contract, the Consultant shall furnish acceptable insurance certificates prior to commencing work
under this contract. The certificate will specify all of the parties who are Additional Insureds. Insuring companies
or entities are subject to the City's acceptance. If requested, complete copies of insurance policies; trust
agreements, etc. shall be provided to the City. The Consultant shall be financially responsible for all pertinent
deductibles, self-insured retentions andlor self-insurance.
15. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Consultant that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Consultant, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
16. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONSULTANT, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HEISHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
17. Nonapproprlatlons Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Consultant
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Consultant, with no further
liability to Consultant.
Certification. Consultant shall si n the certification attached hereto as Exhibit A and herein incor orated b reference.
~yO~ ~:TY OF ;;LANO:FINANC DIRECTOR
h 0 0 - boo I , /.
Print Name "7 /~ )
TITLE
E;C-er tA !,'vL -.lJ;,-ecr.)/
DATE
DATE
<t;Jt;,/cY<6
ad
Date:
FederallD#
13 -/u<f'17Gcr
ACCOUNT #
,;:2/f^/J-t:f/-'1 &-t:Ltfl-O G tJ
(For City purposes only)
p-o tf2-f(}~6
Contract for Personal Services, Revised 07/01/2008, Page 3 of 10
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS: Contractor, under penalty of perjury, certifies that (a) the
number shown on the attached W-9 form is its correct taxpayer ID (or is waiting for the number to be
issued to it and (b) Contractor is not subject to backup withholding because (i) it is exempt from
backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is
subject to backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS
has notified it that it is no longer subject to backup withholding. Contractor further represents and
warrants to City that (a) it has the power and authority to enter into and perform the work, (b) the
Contract, when executed and delivered, shall be a valid and binding obligation of Contractor
enforceable in accordance with its terms, (c) the work under the Contract shall be performed in
accordance with the highest professional standards, and (d) Contractor is qualified, professionally
competent and duly licensed to perform the work. Contractor also certifies under penalty of perjury
that its business is not in violation of any Oregon tax laws, and it is a corporation authorized to act on
behalf of the entity designated above and authorized to do business in Oregon or is an independent
Contractor as defined in the contract documents, and has checked four or more of the following
criteria:
x
,
x
x.
x
x
x
(1) I carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
(2) Commercial advertising or business cards or a trade association membership are
purchased for the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
(5) Labor or services are performed for two or more different persons within a period of one
year.
(6) I assume financial responsibility for defective workmanship or for service not provided
as evidenced by the ownership of performance bonds, warranties, errors and omission
insurance or liability insurance relating to the labor or services to be provided.
~k~af-
Cont tor
1)/6/0~
(Date)
Contract for Personal Services, Revised 07/01/2008, Page 5 of 10
Fo""W-9
(RBV.~Octob..:20ory:
tlepattirll:mi.cil:~:freaSl!Y'
lolerOal Ri,vBii..eS,r.,ce~
.R~qlJ!l~tfQ~i"ll~Pllyer
Identification NUm~ElI' and .Certification,
;Give form .toJhe
r:e'qi,l~~t~',r~ poribt
,sendio'lhe IRS.
Ent~r yo~<rl~in;:th~;aPP!opria,te bo~. The'TIN proVided mu?!;matc~ the_l')alT!e;given.on.Uhe,':1 t9',:avoiCf
backup' withholding., For,: indi viduals ,-,this_ is, your- social; sSe;urity - number,: (SSN)~, Howf:jver;for:a r~sid~nt
alien, sot~ prop.ri,etor;,or:cfisregarded,'errtiiy,:see the Partl"lnstl'llctlon_s on page":3.:For,.otheL€lDtJtles,;Jt'lsJ
x()ur"e~plo~er-JdElOtlflcation nlimber'.(EIl"n: If;ypu dO'not.have:a'l'l.lmber; see"How:to g.et'amN;on)?ag~ 3:
NOtG:.;tf ~he: ii.ci;_CiiDt is iri 'rn~~,th:~'on~e;nan1e; s-ee the.ch'a_rt:6ifpage 4-tCltgijid~llri9s _oti,\yh?i~~!
lJumberto:enter"
CEir.liflcallon,
(',j,;
'iii'
"
,Il
,0
.:1Ii
i\~
,'~~~:
:€:.~:
D.;~<J:
.il'
J
o.
~.
j '0 EX~iri~":
',_ ,_ pay,ee
Re~uester.a'namn:nd I!ddrM8'~~ptiona~'
IS';";'.''';'''';''''';';.
: d ;:
I
Or'
tInder penalties ofpe1ury,!LcertI~,ttiat:
1. Thenumber'shown;on:this'form'is'my'correct taxpayenidentificationnumber (or'l am-waiting_,for a-number to ba~issuedto me); and
2;- I'ani:not;-;su~j_ectit<? l5ackup,wltti~oldiri't~~I;-~lls~:, (a), li,am ex~rtip.l';fro(11 ~,!ck(jp:wit~r()ldjt:1g'~,~i (b)Lh3\ie:,1nOtt)'~ei(i1.~tl,fie:~_ _byt~a lirtElr~i1I
'3~Ye.~u~_ ~_r.0~'~(IR~jt6~(I{~'~,_~~_bJ~.d:t()'J~~CK~R:y..I~~ti919Il)g !i~, _~::r~il!lt ,?!:,~ .!~,IJ:lr~:'~o.' reR<>rE~lli_0~~r~~~,:ot d1v~~€!~,s:))'r (c) tt1~, CRS: h_'!S;
notlfl_ed:me that l'am:no'lqng!ir-_subjecUo backup withholding, and
~'. Lam~a U.S:,cltlzen:or othedJ.s:,person {defined ~;el~~):
'CEli':tl1icaflorf.lns'trucUons;' You must cross,_out:item 2'above,lf:you have been noiifjed-by:the IAS':thaf:you'are'currently:subJed::to backup
wlthhoidiilg.,because you:have'jalled to:report all'lnterest and;dlvidends:on:your tax:return, for: real::estate.transactionsi item' 2;does:not;appJY~"
For_ mortQage,interest'paid;:a'cqLJisltlonor'ab_andOriment'.of ,secured property. _ canc:ell~tlon of_~debt; contributions to;an:lndlvidual retlrem"ent
arrang~ment (IR~J:'and;g~_netally; payrTlents'other:than Interesfand dl.Yidend~;;you are n_ot reqiJJr&o,to~~lgn'the~CertiflCation;' b_utyoci mUei,t
~r,,?~yi,~9~~y,~i c'c!f.e~fTi~~_:?~flj~~)r1:S,~ilJ~i_qn~~:66 pag~ '4'- . ",..' , '.. ',' ~ '" .-',,' ',~' ",..'< -" "-,, , .' <
Sil!.nl~;g~iu~of. ~~~
Here 'u.s. person" 7/1 ~ .
G~~lt~ral hJiI~ructi(jri~
$e'~tkm ,ref~reJj~es;are:to ttie,rnternal _Reyenus.COde: Ul11l3SS
6therwlsc,dlOted ~..,.. ... - , , - . "'"
Date.a);.
'i5""/Ib/O!r
.oQl1nftlon ota U;$. ~rso:n~...For fooefal tax pUr~oses.. ,you are
_~O-~l9~Y~stalJ.s,,}p~r~h:_jf'Y,9.Y:in:~:-:' -. '. . -,. - - ',- ..--
. 'An i~div:ijj_yal .~\,-h,9' is, .Hl$,~~I~eh:o(L1,:$: _re$l,qe~t aller,
._A partnership;. c6rpori3tIO'h, c6mgany, Or':ass6Cration,cr~t~_d.,6r
organli~i:fln-:th9::Unlt9d:stat~'-Ci'Ullder th9='laws:_of- t~a" UnitEl:d .
statijs:' - ,-, '<.. n -- -,. ',--
. An', ~t~t,~-, (~,",ef,tb~r:!:<n9-re~g~ ~.~tl:1t~k,(J.r
. A.dolTl€lstic-trust:,,(as defined In'Regulatlons se.etion
301 J70.H),
speclahuIQsJoijj~nershlpS,; Partnei'stiip~ ,that:conduCt a
trade or business=ln'the Unlted:States are:generally required to
pay a',withholdih9.-tax. on_ any fore,ign_partners' shareofincome
from'such\business: F:urther,.;ln certain cases,where:a Fcrm W~g
has. not been'fecelved;;;a:pa"rtnershlp 'is' required ,to:presume. that
a' Partner'Js'-a f()l'~lgrl.Reison; anti pay the withhOld_irigtax:
ThElf:ef6re( ~'yr5ti are ,a,'~U;$. )?ersoh:t~an~ ~:partne-r in':~' '
pa'rtnership s.6ndUctlng ~~trad~"ot b'Usih~.s'sr,ftti~J~nited St,ateS
proVide Form W~~U6 th'e.:'!)annershlp,:to eStablish,your 'U:$: .
status and avoldwithholdlng,on your;share of, partnership
income. - -, , ,
The'person:who,giV~s F.orm~W~g',to the partnership for"
purposes:ofestabllshlng its U.S"status.and'avoidln,g withholding
,9P 'jts. ~1I99:~~le . sh~'V,~: of,!Je_!:', !'19o~e fro/11: t ~,e ~ paJ1n8:r~rlp
cond~cting a'tradeior biJsirless In tl'lirUnited stat~"is,ln the
~6ilciWirig caSl3$:'- .. ,., - .... -' ~- - , --.
. The U.S.-owner of:a'd!:sregard'Gd entity and noft'he-.ent'riYf
,Cat. No. 10231X FOIlTl W.g '(Rev~ 10-2007)
l'lurpgSl! of Form
AjjerSC;r1.:whOls_ ie'quir~. to"flt~.an liiformatj6n'ret[jm,w~n _the
IRS hiustobtain' yo-ui. ~rrect taxpayer'. identification :n'umber~ (TIN)'
to report,.for;example. incolTl€l_paid.,to:you, real estate '
tranSa~lons, l1l()(tgag~ InteresFyou;pald; acquisitlon:pr
abandonment'or.sacured property, cancellation..of'debt: or
'contrlbutions,you'made to\an IRA' .
Use Form'W.i:.g Orlfy.Jfyou are,a U.S.:person:(inCluding,a
resident alien),to:provideyourcorreCt TIN to the person
requesting'it (the re9uester) and, whGn 8I?plicable,-to:
1. ,C9rtlf}iittiafthe nN~yoi.far€l'giVingJscorreCt (or YOlfar'g
waitinfjfor'a number to be Issued); ,
2; G,G.rtl1Y:,tliary"u:<:lrl:l riOI ,~u,bJec~ I09~c,kup,w~.h_ho!cjing; Qt_
3. Clalm~':<8rnp.tl_onJrom Rack,!p_withholding;if you are_ aU,S.,
exe-iTipfpayee: If appHc-aple,- you_ ar'e ali:i6,certitYjng"that:as'~ --
U~S. person, your, alloc'able share-af-any p-artnershiplncome'from
a U,S.;,trade:orbusiness is not,:~ubject to-the'~ithholdlng tax_on
forelgn':partners' share;of^effectlvely'connec1oo:'income, '
Note. if'a'requester g'iVes:you:a.formother,than Form W.Sto
request your TlN.you:must uss'thEi requesteT's'form If it is
$~b~,ta.r:rt.ially simil,ar to thjs f9in1:VV~g,' -
Contract for Personal Services, Revised 07/01/2008, Page 6 of 10
EXHIBIT C
SCOPE OF WORK
OBJECTIVE: Create a Analysis of Impediments for the City of Ashland to meet the National
objective as outlined by 24CFR 570.20] (e), by the Department of Housing and Urban
Development to Affirmatively Further Fair Housing.
NATIONAL OBJECTIVE: CDBG recipients are required by section ]04(b)(2) of the Housing
and Community Development act of 1974, as amended, and section ]05(b)(3) of the National
Affordable Housing Act (NAHA)of ]990 to certify that they will affmnatively further fair
housing (AFFH).
DESCRIPTION OF SERVICE: To identify impediments to Fair Housing it is anticipated
that an Analysis of Impediments will address the following:
1. IDENTIFICATION OF FAIR HOUSING CONCERNSIPROBLEMS
a. Information on relevant public policies/practices regarding zoning and building
codes and the impact, if any, on the achievement of fair housing choice.
b. Information on institutional practices in the real estate community as they relate
to buying, selling and housing rentals that may affect the achievement of fair housing
choice within the jurisdiction, housing loan/rental application procedures, forms used,
residential residency requirements, approval procedures for loans and insurance,
types of advertising used by the real estate and lending industry, types of real estate
multiple listing services, factors used in home appraisals, and locations of mortgage
loan approvals by race, ethnicity, gender, etc.
c. Information on the nature and extent offair housing complaints, violations or suits
against the jurisdictions.
d. Information on the degree of segregation and/or incidents of racial violence. Also,
information on any CDBG contract conditions placed by HUD on the jurisdictions or
any failure ofthe jurisdictions to comply with this fair housing certification.
e. Data available from newspapers, other print media, law journals, fair housing
groups, housing counseling agencies, local HUD office, etc. The City of Medford, ]5
miles to the north of Ashland, completed an Analysis ofImpediments to Fair Housing
in 2005 and as many of the lenders, and property managers work in both
jurisdictions it is expected that the Medford AI may be a valuable source of relatively
current information.
f. Experience with interviewing and testing of lending institutions.
2. DEMOGRAPIDC DATA AND INCOME CHARACTERISTICS
a. Actual number and percentage of persons in the City of Ashland's
jurisdiction by race, color, religion, sex, national origin, age,
disability, familial status and income characteristics.
b. Other pertinent data available from 2000 Census, or more current
local plans including the City of Ashland 2005-2009 Consolidated
Plan,
3. HOUSING PROFILE
a. Data available from 2000 Census, 2007 Rental Needs Analysis, 2002
Housing Needs Analysis, local planning office, local housing agency,
. and private surveys, if any.
4. IDENTIFICATION OF IMPEDIMENTS TO FAIR HOUSING CHOICE
A. The sale or rental of housing.
1. Real estate practices, such as steering or blockbusting.
2. Deed restriction, trust or lease provisions.
3. Property management fInn's "occupancy quotas."
B. Broker and lending practices
1. Restricted use of privileges, services, or facilities by all brokers.
2. Assignment of brokers and areas by racial/ethnic composition of census tracts.
3. Discriminatory lending patterns, practices, and disclosures.
4. Discriminatory appraisal and underwriting practices.
5. Disinvestment and redlining practices.
6. Racial credit steering.
C. Public Policies and Actions Affecting the Approval of Sites and Other Building
Requirements Used in the Approval Process for the construction of Publicly
Assisted Housing
1. Equalization of municipal services.
2. Local Zoning Laws and policies.
3. Land use policies, exclusionary zoning, and displacement.
4. Sites for subsidized housing by census tracts.
5. Make-up of planning and zoning boards.
D. Public Housing Authority/Insured Housing Provider Tenant Selection Procedures;
Housing Choices for Certificate and Voucher Holders.
E. Where there is a determination of unlawful segregation or other housing
discrimination by a court of a finding of noncompliance by HUD regarding assisted
housing within a recipient's jurisdiction, an analysis of the actions which could be
taken by the recipient to help remedy the discriminatory condition, including
actions involving the expenditure of funds made available under this part.
5. IDENTIFICATION AND DESCRIPTION OF EXISTING PROGRAMS,
SERVICES, AND ACTIVITIES THAT ASSIST IN THE PROVISION OF FAIR
HOUSING
a. Church, civic and community groups, as well as local government.
b. Fair housing groups, housing groups, and commissions representing persons with
disabilities and civil rights organizations.
c. Southern Oregon Community Housing Resource Council, and Non-profit groups,
6. IDENTIFICATION OF DATA SOURCES
In developing the report, the consultant shall include those groups which represent special
interest, such as handicapped or disabled commissions, civil rights commissions, and low-
moderate income representative groups, and those which are active in the housing arena such
as fair housing organizations, tenants' rights organizations, and housing advocacy groups, to
assure that the needs of all citizens are addressed in the analysis.
EXHIBIT D
PROJECT PROPOSAL
Timeline and Service Details
Task Name Start Date Hours Resource Names
Ashland Impediments Analysis
Project Kickoff Meeting 08/01/2008 2 L. Griffin
Determine joint point contact L. Griffin
Determine information workflow L. Griffin
Gather Data
Gather City of Ashland Policies L. Griffin
Determine what Policies Exist to be 6
Request Relevant Policies 2
Relevant Policies Arrive
Review city policies 10
Gather Census Data L. Griffin
Find & Gather Data from Census Website 8
Review census data 12
Gather information from L. Griffin
Consolidated Plan
Request Consolidated Plan 1
Consolidated Plan Arrives
Review Consolidated Plan 8
Gather HMDA Information L. Griffin
Request HMDA Aggregate Report 1
Review HMDA Aggregate Report 8
Gather Real Estate Information L. Griffin
Identify Relevant Ashland Realtor 2 J. Becker and L. Griffin
Identify Appropriate Real Estate 2
Request Real Estate Information 2
Real Estate Information Arrives
Review Real Estate Information 8
Gather information from HUD L. Griffin
Reports
Inquire of HUD re: complaints in 1
Request report of sanctions (CDGB) 1
Review HUD reports 5
Meet with Interested Parties L. Griffin
Identify interested parties 2 D. Hess, L. Griffin, L.
Schedule Meetings w/lnterested Parties 3
Conduct Meetings November D. Hess
Meeting A 9 D. Hess
Meeting B 9 D. Hess
Meeting C 14 D. Hess
Individual Phone Interviews November L. Griffin
'\
Schedule Phone interviews 1 L. Griffin
Phone Interview A 1 L. Griffin
Phone Int'erview B
Phone Interview C
Phone Interview D
Analyze Information
Analyze Data & Meeting Results
Request Follow-Up Information as
Final Analysis
Formulate Recommendations
1 L. Griffin
1 L. Griffin
1 L. Griffin
L. Griffin
12
2
L. Griffin
Write First Draft Document
Internal Document Review
Finalize Document
Project Complete
48
12 L. Griffin, D. Hess, M.
8
06/15/2009
Project Manager- Moloy Good will act as the project manager, He will be responsible for
reviewing all information, He will also coordinate the work of the team members in gathering
information from real estate professionals and other community partners, Mr, Good is the
Executive Director ofFHCO; his current work involves managing the organization to see that it
meets all of its grant and contract requirements. He previously worked as FHCO's Enforcement
Coordinator.
Team Member- Jo Becker will provide expertise on real estate practices and will work with the
local real estate agents, Ms. Becker worked as a realtor for several years. She has built
relationships with realtors throughout the state and is familiar with housing issues,
Team Member- Diane Hess will coordinate and run meetings with interested parties in Ashland.
As FHCO's Education Director Ms. Hess frequently facilitates meetings and education sessions
related to fair housing. In addition, her background as an organizer and advocate in human
service and community-oriented groups gives her the ability to work well with the varied interest
groups.
Team Member- Luke Griffin will gather all information. He will coordinate and run the phone
interviews. Phone interviews will be used to get information from individuals and organizations
that do not participate in the meetings with interested parties. Mr. Griffin is currently FHCO's
Testing Coordinator. His current work involves designing and coordinating the work of
volunteer testers throughout the state. As a civil rights investigator and previously as a private
investigator Mr. Griffin gained experience gathering information from a variety of individuals.
Mr. Griffm is also fluent in Spanish.
Consultant's need requirements of staff and of work space requirements.
The City of Ashland will provide FHCO with copies of pertinent policies, the Consolidated Plan,
and other information from the city during early phases of the project. In October the City of
Ashland will assist FHCO with publicizing the November meetings, and will arrange for and
provide locations for the aforementioned meeting.
The Fair Housing Council of Oregon will provide the aforementioned services for the sum of
$10,000.
s;,","",9th~--1
Date: "f)"/6/6Yr
~
EXHIBIT E
INVOICE FOR SERVICES
City of Ashland
Dept. of Community Development
Planning Division
20 E. Main 51.
Ashland, OR 97520
FROM:
Date:
Project Title: FHCO
Invoice No.:
Invoice Amount:
Purchase Order No.
For Month/Qtr. Of:
TO: Linda R Reid
BUDGET ANNUAL CURRENT EXPENDED UNEXPENDED
LINE ITEM BUDGET EXPENDITURES TO DATE BUDGET
AMOUNT
Wages $ 8,590
Materials/Supplies $ 210
Marketing/Outreach $ 739
Program Admin $ 0
Travel $ 461
Costs/Mileage
TOTAL $10,000
TOTAL REIMBURSEMENT REQUEST:
Request is hereby made for reimbursement of current monthlquarter expenditures. Reimbursement is requested
based on actual expenses incurred in providing services in accordance with the Agreement with the City of Ashland.
I certify that this statement of expenditures is made herein to the best of my knowledge. All reported expenditures
are supported by documentation, attached and filed in Sub-recipient's files and are subject to audit by City of
Ashland and the Department t of H~USinglnd Urban Development.
SIGNATURE: ~ ~-'ZIf DATE: 'ir"!6/og--
TITLE: EI'~cv.f"v-e- 'Dkecfar--
PHONE: ,:>0 :s 402 - (IS 7
FOR CITY OFFICE USE
APPROVED FOR PAYMENT:
DATE:
r~'
CITY OF
ASHLAND
20 E MAIN ST.
ASHLAND, OR 97520
(541) 488-5300
CITY RECORDER
Page 1/1
~<~i-= .':-:-:~DJ?.:rEA.:.~.:1f:j
~1i;,~Fr01NOMBER~~:~i
6/30/2009
09046
VENDOR: 007662
FAIR HOUSING COUNCIL OF OREGON
1020 SW TAYLOR ST STE#430
PORTLAND, OR 97204
SHIP TO: Ashland Planning Department
(541) 488-5305
51 WINBURN WAY
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Speciallnst:
Req. No.:
Dept.: PLANNING
Contact: Brando.n Goldman
Confirming? No
~Q1jantitVlTh1 k~UniFf1 j;~;;;~JjN2:'~};';:,)i~.~,~~:,;.: ," ~.::liaiI~i{oescriDtion;"L "~~:-e:lli~~:~,i/'~:: ,Of::' :',~,,;2J-"i<~31:~:A~~~_~() :,,~,(~:Unm~Hc~'!::Q :~.:L:ExtNRric:e~2~
Analysis of Impediments, Contract for
Personal Services, Beg date: August 1,
2008, Completion date: September 3D,
2009
10,000.00
Blt.t. TO: Account Payable
20 EAST MAIN ST
541-552-2028
ASHLAND, OR 97520
SUBTOTAL
TAX
FREIGHT
TOTAL
10000.00
0.00
0.00
10,000.00
tAf~1;~-cc_o:(rntfNurrl1fer:::Y:jrl~l ~II~'~,~~WojemNum6erCF~\~ ';;.~w~mmq~urm~.'l:~;':] ':~;':;A:~ouiftf~.iUmoe~?fi~t1j ~1f~e_ctjNUmb"e[:l~:tl~I~~;~.tht~~tO:'urit~~
E 250.09.00.00.6041 0 1 0 000.00
I
I
!
~~~:.'z
VENDOR COPY
FORM #10
CITY OF
ASHLAND
CONTRACT APPROVAL REQUEST FORM
Contractor/Consultant: -r-: F % /.? e '/J
,:;r--#~ e-'V-"-tl.?<--"5 ~.~ __&l~/?Z <!L--<'
~er attached contract ~I t:)--r t-Lr - fO i} cJJ f c:/ cjJ b !Ii
PUBLIC CONTRACTING REQUIREMENTS - Solicitation Process
Total Amount
D ExemDt from ComDetitive Biddina D Invitation to Bid (Copies on file) D Emeraencv
Reason for exemption: D Written findings attached
D Quote or Proposal attached
D Small Procurement & Personal Services D Request for ProDosal (Copies on file) Coooerative Procurement
Less than $5,000 Please check one: D State of Oregon
Note: Total contract amount, including any D Goods & Services Contract #
amendments may not exceed $6,000 Q Personal Services D State of Washington
Intermediate Procurement ~Sole Source Conlract #
GOODS & SERVICES D Written findings attached D Other govemment agency contract
$5,000 to $75.000 ~uote or Proposal attached Agency
D (3) Written Quotes Contract #
PERSONAL SERVICES D Soecial Procurement D Interagency Contract
$5,000 to $50.000 D Written findings attached Agency
D (3) Written Proposals D Quote or Proposal attached Contract #
Have all public contracting requirements been satisfied?
YES
~.
NO
If "NO", City Council approval is required. City Council approval was received on
(Date)
Have funds been budgeted for the purpose of this contract?
YES
~/
NO
If "NO", City Council approval is required. City Council approval was received on
A tN b -::?4tJ,pfV'Ct~ptJL;J/tI-t:I
Please provide: ccoun urn et::. _ _ - _ _ - _ _ - _ _ - _ _ _ _ _ _
(Date)
Is the amount of the contract less than $25,000?
YES
~..
NO
If "NO", Legal review is required. Contract was "Approved as to form" by the Legal Department on
(Date)
Is the amount of the contract less than $75,000 for Goods & Services
or $50,000 for Personal Services?
YES
~..
NO
If "NO", City Council approval is required. City Council approval was received on
(Date)
Is the contract for a period of 24-months or less?
YES
~.
NO
If "NO", City Council approval is required. City Council approval was received on
(Date)
~Kr ~C> ,_.
& 9/ ;;?-<!>(C? /
Please provide terms:
Start date: t? {!J -I? /' ~ c B Completion date: t?tt;/r,,;-/ &9/
Can the contract be terminated for convenience thirty (30) or fewer days
following delivery of written notice to the contractor? YES
.,.--/'
NO
If "NO", City Council approval is required. City CounCil approval was received on
-.-ky/' /l~ -? Pleasecircle._,. _.
Prepared by: ../ . U(;'t& ~
Department: tA /j't!. t\ tl-'? L"JI/ ~.-:J-
7 Lee Tuneberg
c:J "7 - c:VJ .- CJ~
(Date)
Not Approved
Date:
Date:
~
?~4?
I .
Form #10. Contract Approval Request Form, Page 1 of 1, 7/29/2009
A request for a Purchase Order
REQUISITION FORM
CITY OF
ASHLAND
Date of Request:
1,;?1~/t7:~'1
..~ .....[. . ".. "">... "." .--'~
I,:,T:':~': ~:;j'::1
.. ~._,...l' ',. ..~..... .. .'
THIS REQUEST IS A:
o Change Order(existing PO #
Required Date of Delivery/Service:
/~ ~--c~(2~k""~ 0" ~~~
Vendor Name
Address
City, State, Zip
Telephone Number
Fax Number
Contact Name
SOLICITATION PROCESS /
Small Procurement ~. Sole Source 0 Invitation to Bid
o Less than $5,000 ~ritteh findings attached (Copies on file)
o ~uotes (Optional) Quote or ProDosal attached
Coooerative Procurement 0 Request for Proposal
o State of ORfWA contracl (Copies on file)
Intermediate Procurement o Other government agency contract 0 Special I Exempt
o (3) Written Quotes 0 Copy of contract attached 0 Written findings attached
(Copies attached) 0 QUDle or Proposal attached
0 Contract # 0 Emeraencv
0 Written findings attached
0 Quote or Proposal attached
,Description of SERVICES
~~H-; ~ ~/7~<--~~
cwPer attached PROPOSAL ~ <2 ~~
Item #
Quantity
Unit
Description of MATERIALS
Unit Price
Total Cost
o Per attached QUOTE "?y ~ f -;Jf 7 '!? 1:9 0 ~'
ry P-tJ/O -<3AA!pu,.~
Project Number ------. --- C' "" .-rn-p--t' u rc "'l G.t-9""" : .:57.... f' f'
AccountNumbe~?!-,_~~~qf~~~_-1"'O& t::J
. Items and services must be charged 10 the appropriate accounl numbers for Ihe financials to reflect the actual expendiiures accuralely.
By signing this requisition form, / certify that tlJJl-illfermation provided above meets the City of Ashla . _~ntractil]gzqUirements,
and the documentation can be RroviderfjPotf reques .. /' ~ .
/' Employee Signatur. : ~. I . SupervisorlDept. Head Signatur . .. "- .
G: Finance\Procedure\AP\Forms\8_Requisition form revised.doc
Updated on: 7/1012009