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AGREEMENTS\Shelter Plaiming—Assist With NYSOCR Grant—7-6-15
RESOLUTION AUTHORIZING ENGAGEMENT OF SHELTER
PLANNING & DEVELOPMENT, INC. TO PROVIDE ADMINISTRATIVE
AND PROGRAM IMPLEMENTATION ASSISTANCE IN CONNECTION
WITH $300,000 IN GRANT FUNDS RECEIVED FROM
NEW YORK STATE OFFICE OF COMMUNITY RENEWAL
RESOLUTION NO.: ,2015
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 163,2014 the Queensbury Town Board authorized
submission of a grant application for HOME funds through the New York State Office of
Community Renewal (NYS OCR), and
WHEREAS, the grant application was submitted and the Town was awarded a HOME
Grant in the amount of$300,000 from the NYS OCR, and
WHEREAS, by Resolution 163, 2014 the Town Board also authorized an amount not to
exceed $75,000 to be set aside from the Town of Queensbury Revolving Loan Fund ( RLF)
Account No: 019-0000-0201 for the purpose of a HOME match should 2013 HOME funds be
awarded, and
WHEREAS, said Revolving Loan Fund was previously and duly established by Resolution
582,2004, and
WHEREAS, by Resolution No.: 327,2013 the Town engaged the services of Shelter
Planning & Development, Inc. for a three year period or until July 30, 2016 with specific work
tasks and corresponding fees to be authorized via separate contracts, and
WHEREAS, the Town wishes to engage the services of Shelter Planning &
Development, Inc. for provision of the administrative and program implementation assistance
services in connection with the $300,000 in HOME grant funds and a proposed Contract for
Professional Services between the Town and Shelter Planning is presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes and directs
engagement of Shelter Planning & Development, Inc., for provision of administrative and
program implementation assistance services in connection with the grant monies received by the
Town of Queensbury referenced in the preambles of this Resolution and as set forth in the
Contract for Professional Services substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the costs for Shelter Planning & Development, Inc.'s services shall not
exceed the fixed fee of fifteen-thousand dollars ($15,000) plus four thousand three hundred
dollars ($4,300) per unit rehabilitated for such program implementation, administration and
delivery as specifically delineated in the Contract for Professional Services, and
BE IT FURTHER,
RESOLVED, that payment for these expenses shall be paid from the Town's 2015
HOME Program Grant funding from the New York State Office of Community Renewal and the
Revolving Loan Fund as specifically delineated in the Contract for Professional Services, and
BE IT FURTHER,
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RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Contract for Professional Services between the Town and Shelter Planning &
Development, Inc. in the form presented or in a form substantially similar which is acceptable to
the Town Supervisor, Town Senior Planner and Town Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes the Town Supervisor, Senior
Planner and/or Town Budget Officer to take any other action necessary to effectuate the terms of
this Resolution.
Duly adopted this 6th day of July, 2015 by the following vote:
AYES
NOES
ABSENT
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� T
CONTRACT FOR PROFESSIONAL SERVICES
BY AND BETWEEN
THE TOWN OF QUEENSBURY
AND
SHELTER PLANNING & DEVELOPMENT, INC.
JULY, 2015
THIS AGREEMENT, entered into as of the day of July, 2015 by and between the Town of
Queensbury, hereinafter referred to as the "Town" and Shelter Planning & Development, Inc. of
Queensbury, New York, hereinafter referred to as the"Consultant".
WHEREAS, the Town has previously reviewed and evaluated consultant qualifications and
services and the reasonableness of proposed costs for its Community Development efforts regarding
housing; and,
WHEREAS, the Town of Queensbury has received notification that its application for$300,000 in
housing rehabilitation grant funding under the FY 13"HOME" program has been approved; and,
WHEREAS,the approved HOME Program included a provision that the Town provide up to
$75,000.00 in funding in the form of an interest free loan if such funds were necessary to complete the
home improvements; and
WHEREAS,the approved housing rehabilitation program projected that the total funding available
(i.e. $375,000.00)would be sufficient to complete the rehabilitation of twelve (12)single family owner
occupied properties; and
WHEREAS, the Town wishes to retain the Consultant to administer and implement the FY13
HOME Housing Rehabilitation Program, and
WHEREAS, upon execution this new agreement shall control with respect to the program
implementation and administration services required to carry out the Town's"HOME" program.
NOW THEREFORE,the parties do hereby mutually agree as follows:
1. EMPLOYMENT OF THE CONSULTANT
The Town hereby engages the Consultant and the Consultant hereby agrees to perform the professional
services hereinafter set forth.
2. SCOPE OF SERVICES
The Consultant shall perform and carry out, in a satisfactory and proper manner, the services hereinafter
set forth.
A. Program Implementation and Administration/"HOME" Program
The Consultant will work with Town officials to complete environmental reviews and initial
program development activities, provide housing program implementation services, and provide
an on-going program of planning, technical assistance, and overall community development
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implementation services for approved program activities, as follows:
Al. Administration/General Management, Oversight and Coordination
• Organize and implement start-up activities including project administrative and
implementation plans.
• Complete environmental reviews and any other activities required to satisfy grant
conditions and secure release of funds.
• Develop program guidelines and forms, which describes the program, its
requirements, and assistance including eligibility for assistance, priority for program
participation and the process to participate in the program.
• Perform outreach activities, including but not limited to a program brochure, and
contact with local public agencies and other organizations.
• Assist with procurement, selection and award of contracts for professional services
as necessary.
Advise and assist in establishing local files, books, records, accounts and other
systems required for general program administration.
Regularly review program activities for consistency with program regulations and
compliance and reporting requirements.
• Assist with Labor Standards, State and Federal wage rates, Fair Housing, EEO,
M/WBE and Section 3 requirements as applicable.
• Establish/update a list of contractors that are certified to undertake lead hazard
remediation measures.
•
Perform other housing related planning and community development activities and
prepare such documents as may be required to implement the program.
• Assist in preparing drawdowns and provide advice on program disbursements.
• Assist in meeting program financial and other program reporting requirements.
• Provide program oversight, monitor program activities, and take steps necessary to
advance the program according to the grant agreement implementation schedule.
• Report to the Town and the HOME program staff on the status of implementation
efforts as required.
A2. Project Related Implementation Services
The Consultant shall work with the Town Community Development Office and provide the
services necessary for the implementation of the housing program activities. These
services include the following:
• Contact those property owners that initially expressed interest in participating in the
program to confirm continued interest and to explain the program and the process.
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• Process applications for HOME assistance including undertaking outreach efforts,
evaluation of individual applications, and determination of income eligibility.
• Solicit formal grant applications from property owners, which will include proposed
improvements.
• Conduct one or more initial property inspections with the property owner for the
purpose of assessment of the property, and identifying the proposed scope of
rehabilitation work.
• Prepare initial property inspections, work write-ups and cost estimates, and
coordinate, as necessary, with local building permit officials.
• Arrange through qualified firms, lead based paint risk assessment inspections,
reports and final clearance for rehabilitation activities that are subject to the US
Department of Housing & Urban Development (HUD) regulations found at 24 CFR
Part 35 regarding the control of residential lead based paint hazards.
• Coordinate with other program/agencies as outlined in the approved grant
application.
• Energy audit and weatherization assistance may be arranged through qualified firms,
including the local weatherization agency.
• Assist and advise home owners in the bid procedures, and assist in coordination of
such activities.
• On behalf of the property owner, prepare bid specifications and contract documents
and solicit bids from qualified contractors. The Consultant shall refine and/or modify
the project specifications as necessary to meet applicable standards.
• Assist and advise the Town in contract awards and rehabilitation grant approvals,
prepare individual grant and loan agreements as applicable, prepare occupancy
restrictions as applicable, and assist in pursuing conventional or other financing as
required.
• Assist with procurement, selection and award of contracts for construction.
• Conduct construction inspections, facilitate a resolution of problems, prepare the
contract between the homeowner and contractor, and in accordance with the terms of
the contract, notify the Town that work has satisfactorily been completed and
payment can be made in the form of a check payable to the contractor, upon signed
homeowner approval.
• Prepare and provide local files, and records, of each rehabilitation project which
documents program implementation activities.
• Coordinate all implementation activities with the Town Planning and Community
Development Office.
• Work with the Town to monitor the progress of the program, review activities for
compliance with applicable program regulations and assist as necessary in
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addressing implementation issues.
A3. Other Implementation Services
It is anticipated that implementation of other approved activities resulting from submission
of a successful grant application would be performed as mutually agreed, and reduced to
writing, as an amendment to this contract.
3. INFORMATION TO BE PROVIDED BY THE TOWN
The Consultant shall coordinate its services with those to be provided by the Town in order to assure
timely progress on all activities.
The Town will make available to the Consultant, as necessary, items for implementation of the housing
program described in this Agreement:
A. Data and other information available in local files which may be necessary to complete forms,
documents or reports necessary for implementation of program activities;
B. Base maps available in local files;
C. Legal services, required for contract documents and loan closings, and audits to meet
program requirements;
D. Architectural and engineering services and costs necessary to implement approved activities
are separate cost items and are not covered by this agreement;
E. Bank account and financial records keeping necessary to record the receipt and
disbursements of program funds to implement the approved housing program.
4. TIME OF PERFORMANCE
The services of the Consultant, identified in Section 2A, shall be provided so as to make consistent and
reasonable progress in the implementation of the Town's housing program. The Consultant shall
organize and plan for the provision of services so as to make every reasonable effort to complete all tasks
identified within the time frame identified in the program schedule included in the grant application.
5. COMPENSATION AND METHOD OF PAYMENT
The Town will pay the Consultant for the work performed as follows:
A. HOME Program Administration and Proiect Related Implementation Services
Compensation under this section 5 A is conditioned upon grant approval and payments shall be
from grant funds.
Al. Administration/General Management, Oversight and Coordination
The Consultant shall provide the services outlined in Section 2A for a fixed fee of$15,000
in accordance with the following schedule:
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The consultant shall initiate program activities as follows:
a. Start-up
• Organize and implement start-up activities.
• Complete a draft Environmental Review, to satisfy grant conditions, and
release of funds.
• Develop rehabilitation program guidelines.
b. _ Administration/Management
The consultant shall carry out the activities as outlined in Section 2A1 so as to
expeditiously implement the approved program
The consultant shall submit periodic statements of work performed with invoices
that reflect the percent of the total tasks required to complete services outlined in
Section 2A1. Payment shall be contingent upon HOME Program approval and
paid out of HOME funds.
A2. Project Related Implementation Services
The Consultant shall provide the services outlined in Section 2A2 for a fixed fee of
$4,300.00 for each housing unit rehabilitated under the program. The per unit fee
shall be paid as follows:
a. $2,700.00 per unit at the completion of the project inspection, work write up, cost
estimates and completion of bidding documents.
b. $1,600.00 per unit at the completion of rehabilitation work and final inspection
and payment.
The program of assistance is designed to provide the homeowner receiving
assistance with interest free loan funds to ensure the completion of all necessary
improvements. The loan amount will include a program delivery cost equal to
17.6%of the total loan amount. That amount will be applied to the$1,600.00
payment due at the completion of the rehabilitation work. The balance of the
payment due if any will be paid from HOME funds.
In addition to the above, all other project related soft costs incurred by the Consultant as part of the
rehabilitation of each property, such as but not limited to, lead risk assessments, energy audits, and
architectural/engineering services shall be billed at cost.
6. ADDITIONAL CONTRACT TERMS AND CONDITIONS (Attachment A)
Attachment A entitled"Additional Contract Terms and Conditions"are incorporated herein and made part
of this agreement.
7. AUTHORIZATION OF SIGNATORIES
The signatories below have the authority to bind their respective organizations to this contract.
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8. CHOICE OF LAW AND VENUE
Parties agree that New York State Law shall control and venue shall be in Warren County.
9. RIGHTS OF THIRD PARTIES
This contract does not create rights in third parties who are not signatories to the Contract.
10. RELATIONSHIP WITH TOWN
Shelter Planning & Development, Inc. and its employees are not becoming agents or employees of the
Town and do not have authority to bind the Town.
IN WITNESS WHEREOF, the Town and the Consultant have executed this agreement as of the date first
written above. Each of the undersigned warrants and represents that each has the authority to execute
this agreement and has authorization to bind as per the terms of this contract.
Town of Queensbury
BY:
John Strough, Supervisor
DATE:
Attest:
Shelter Planning& Development, Inc.
fdi.4 / ��
BY.,� �'
/ Robert E. Murray, Jr., Preside
DATE: 47/( (lgr
Attest:
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ATTACHMENT A
ADDITIONAL CONTRACT TERMS AND CONDITIONS
A. Termination of Contract for Cause - If, through any cause, including circumstances beyond the
control of the Contractor, the Consultant shall fail to fulfill in timely and proper manner his obligations
under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations
of this Contract, the Town shall thereupon have the right to terminate this Contract by default, by
giving written notice to the Consultant of such termination and specifying the effective date of such
termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings,
maps, models, photographs and reports prepared by the Consultant under this Contract shall, at the
option of the Town, become its property and the Consultant shall be entitled to receive just and
equitable compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, the Consultant shall not be relieved of liability to the Town for damages
sustained by the Town by virtue of any breach of the Contract by the Consultant, and the Town may
withhold any payments to the Consultant for the purpose of set-off until such time as the exact
amount of damages due the Town from the Consultant is determined.
B. Termination for Convenience of the Town - The Town may terminate this Contract at any time by
giving at least ten (10) days notice in writing to the Consultant. If the Contract is terminated by the
Town as provided herein, the Consultant will be paid for the time provided and expenses incurred up
to the termination date. If this Contract is terminated due to the fault of the Consultant, Paragraph A
hereof relative to termination shall apply.
C. Changes - The Town may, from time to time, request changes in the Scope of Services of the
Consultant to be performed hereunder. Such changes, including any increase or decrease in the
amount of the Consultant's compensation, which are mutually agreed upon by and between the Town
and the Consultant, shall be incorporated in written amendments to this Contract.
D. Personnel-
1. The Consultant represents that he has, or will secure at his own expense, all personnel required
in performing the services under this Contract. Such personnel shall not be employees of or have
any contractual relationship with the Town.
2. All of the services required hereunder will be performed by the Consultant or under his
supervision and all personnel engaged in the work shall be fully qualified and shall be authorized
or permitted under State and Local law to perform such services.
E. Assignability- The Consultant shall not assign any interest on this Contract, and shall not transfer
any interest in the same (whether by assignment or novation), without the prior written consent of the
Town thereto: Provided, however, that claims for money by the Consultant from the Town under this
Contract may be assigned to a bank, trust company, or other financial institution without such
approval. Written notice of any such assignment or transfer shall be furnished promptly to the Town.
F. Reports and Information - The Consultant, at such times and in such forms as the Town may
require, shall furnish the Town such periodic reports as it may request pertaining to the work or
services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in
connection therewith, and any other matters covered by this Contract.
G. Records and Audits - The Consultant shall maintain accounts and records, including personnel,
property and financial records, adequate to identify and account for all costs pertaining to the
Contract and such other records as may be deemed necessary by the Town to assure proper
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accounting for all project funds. The Town, or the New York State Housing & Community Renewal,
or any of their duly authorized representatives shall have access to any accounts, documents or
records of the Consultant which are pertinent to this project and contract. The Consultant shall retain
all records for a three year period after the community makes final payment and all other pending
matters are closed.
H. Copyriqht - No report, maps, or other documents produced in whole or in part under this Contract
shall be the subject of an application for copyright by or on behalf of the Consultant.
I. Compliance with Local Laws -With respect to its Scope of Services, the Consultant shall comply
with all applicable laws, ordinances and codes of the State and local governments, and the
Consultant shall save the Town harmless with respect to any damages arising from any tort
committed in performing any of the services embraced by this Contract. However, the Consultant
shall have no responsibility to hold the Town harmless for damages caused by any Contractor
engaged in the construction or rehabilitation of any project.
.1. Equal Employment Opportunity - During the performance of this Contract, the Consultant agrees
as follows:
1. The Consultant will not discriminate against any employee or applicant for employment because
of age, race, creed, sex, color or national origin, sex, disability, genetic predisposition or carrier
status, or marital status. The Consultant will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their age, race,
creed, sex, color or national origin, sex, disability, genetic predisposition or carrier status, or
marital status.
2. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work
covered by this Contract so that such provisions will be binding upon each subcontractor.
4. The Consultant will comply with the Equal Employment Opportunity provisions required by New
York State Homes&Community Renewal.
K. Reserved
L. Reserved
M. Reserved
N. Interest of Members of a Town - No member of the governing body of the Town and no other
officer, employee, or agent of the Town who exercises any functions or responsibilities in connection
with the planning and carrying out of the program, shall have any personal financial interest, direct or
indirect, in this Contract; and the Consultant shall take appropriate steps to assure compliance.
O. Interest of Other Local Public Officials - No member of the governing body of the locality and no
other public official of such locality, who exercises any functions or responsibilities in connection with
the planning and carrying out of the program, shall have any personal financial interest, direct or
indirect, in this Contract; and the Consultant shall take appropriate steps to assure compliance.
P. Interest of Consultant and Employees-The Consultant covenants that he presently has no interest
and shall not acquire interest, direct or indirect, in the project or any other interest which would
conflict in any manner or degree with the performance of his services hereunder. The Consultant
further covenants that in the performance of this Contract, no person having any such interest shall
be employed.
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Q. Procurement and Professional Services - New York State Homes & Community Renewal and its
agents and employees shall be held harmless from and against any and all claims, actions, damages,
losses, expenses and costs of every nature, and including reasonable attorney's fees, incurred by or
assessed and imposed against the them, to the fullest extent permitted by law, arising out of the
project being funded with HOME funds.
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