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PR 23104: AGREEMENT WITH J-QUAD PLANNING GROUP
nrt rtlr;r INTEROFFICE MEMORANDUM Date: April 25,2023 To: The Honorable Mayor and City Council From: Ron Burton, City Manager RE: P. R. #23104 Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to adopt the Proposed Resolution number 23104 to execute an agreement with J-Quad Planning Group, LLC of Plano, Texas, for the development of a 5-year Consolidated Plan(PY 2024— 2029), including a first-year Annual Action Plan, Analysis of Impediments of Fair Housing— Assessment of Fair Housing, Market Study, and Site and Neighborhood Standards for the not to exceed the amount of$49,980; Community Development Block Grant Account#105-13- 033-5420-00-40-000 Project Number CD7211-GRE-PRO, Account#105-13-033-5420-00-40- 000 Project# CD7144-GRE-PRO, and Account#108-13-033-5420-00-40-000 Project# HE2203-GRE-PRO. Background: The City of Port Arthur is required by the Department of Housing and Urban Development (HUD)to complete a 5-year Consolidated Plan, including a one-year Annual Action Plan. The Consolidated Plan will identify the City's affordable housing and community development needs and market conditions. The one-year Annual Plan concisely summarizes the actions, activities, and specific federal and non-federal resources used each year to address the priority needs and specific goals identified by the Consolidated Plan. HUD requires each city to certify that they are fulfilling their housing and civil rights obligations. To make this certification,the City must complete an Analysis of Impediments (AI)to fair housing. The AI is a summary of existing obstacles to achieving fair housing choices. Impediments are defined as"actions, omissions, or decisions that restrict, or have the effect of restricting,the availability of housing choices based on race, color, religion, sex, disability, familial status, or natural origin." Vtitr , Budget Impact: Community Development Block Grant account#105-13-033-5420-00-40-000 Project Number CD7211-GRE-PRO, 105-13-033-5420-00-40-000 Project# CD7144-GRE-PRO, and account number 108-13-033-5420-00-40-000 Project#HE2203-GRE-PRO. Recommendation: It is recommended that City Council approve the City Manager to approve P. R. # 23104, as discussed and outlined above. P. R. #23104 04/12/2023 M. Essex—Grants Management RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH J-QUAD PLANNING GROUP OF PLANO, TEXAS, FOR THE DEVELOPMENT OF A 5-YEAR CONSOLIDATED PLAN INCLUDING ANALYSIS OF IMPEDIMENTS OF FAIR HOUSING— ASSESSMENT OF FAIR HOUSING, MARKET STUDY, AND SITE AND NEIGHBORHOOD STANDARDS FOR THE TOTAL AMOUNT NOT TO EXCEED $49,980.00; FUNDING IS AVAILABLE IN COMMUNITY DEVELOPMENT BLOCK GRANT ACCOUNT #105-13-033-5420-00-40-000 PROJECT #CD7211-GRE-PRO, ACCOUNT #105-13-033-5420-00-40-000 PROJECT #CD7144-GRE-PRO, AND ACCOUNT #108-13-033-5420-00-40- 000 PROJECT #HE2203-GRE-PRO. WHEREAS, The Consolidated Plan is designed to help states and local jurisdictions to assess their affordable housing and community development needs and market conditions and to } make data-driven, place-based investment decisions. The consolidated planning process serves as the framework for a community-wide dialogue to identify housing and community development priorities that align and focus funding from the CPD formula block grant programs: Community Development Block Grant (CDBG) Program and HOME Investment Partnerships (HOME) Program. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plan; and, WHEREAS, The Analysis of Impediments (AI) to Fair Housing Choice involves an assessment of how laws, regulations, policies, and procedures affect the location, availability, and accessibility of housing and how conditions, both private and public, affect fair housing choice; and, WHEREAS, the City advertised a Request for Proposals for the development of a 5-year Consolidated Plan, including a first-year Annual Action Plan, Analysis of Impediments of Fair Housing-Assessment of Fair Housing, Market Study, and Site and Neighborhood Standards in the Port Arthur News and on the City's website; and, WHEREAS,two(2)proposals were received on March 1,2023,and evaluated by a review committee (see Exhibit "A") with the proposal evaluation from J-Quad Planning Group being deemed as the most reasonable; and, P. R. # 23104 04/12/2023 M. Essex—Grants Management WHEREAS, it is in the best interest of the City of Port Arthur to enter into an agreement with J-Quad Planning Group of Plano, Texas, in substantially the same form as attached hereto as Exhibit "B"; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the facts and opinions in the preamble are true and correct; and, THAT, the City Manager is hereby authorized to execute an agreement with J-Quad Planning Group (attached as Exhibit "B") for the development of a 5-Year Consolidated Plan including an Analysis of Impediments of Fair Housing — Assessment of Fair Housing, Market Study, and Site and Neighborhood standards for the not to exceed the amount of $49,980.00; Account #105-13-033-5420-00-40-000 Project Number CD7211-GRE-PRO, Account #105-13- 033-5420-00-40-000 Project # CD7144-GRE-PRO, and Account #108-13-033-5420-00-40-000 PROJECT#HE2203-GRE-PRO; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ,ADOPTED,AND APPROVED this the day of April, A.D. 2023 at a meeting of the City of Port Arthur, Texas by the following votes: AYES: MAYOR: COUNCILMEMBERS: NOES: THURMAN "BILL" BARTIE, MAYOR P. R. # 23104 04/12/2023 M. Essex—Grants Management ATTEST: SHERRI BELLARD CITY SECRETARY APPROVED FOR ADMINISTRATION: RONALD BURTON CITY MANAGER APP VED AS TO FORM: k..o_, ALECIA ZENO CITY ATTORNEY APPROVED AS TO AVAILABILIT OF FUNDS: � ) c KANDY DANI L DIRECTOR O FINANCE if ton Williams, CPPB Purchasing Manager P. R. # 23104 04/12/2023 M. Essex—Grants Management EXHIBIT "A" r / lbo A m y k & - k m .8.,1/4 k b ) ƒ s ro / § 27 ¥ I co S c 5 k \ 7 z- o c ) = m A { \ 7 ? X /' \ \ _ � . Cb x . Zk » k \ k ƒ 5 La g n. . r ® 7 0 = a s ■ © y = � m S » ' ? k .. & \ A » o § £ » o ,, » ® / CJI 44 & o U1 o z ' q - ƒ rl ( rm / ƒ A / 2 Q > a _= .P % co f(1:1.....1"....4...1.i. _ - 2 k s " % U A c $ / 2 � 2 - w 4 —¥ 2 /` & � \ / I - _ 2; - ` / ,� � . li‘.01 �. P. R. #23104 04/12/2023 M. Essex—Grants Management EXHIBIT "B" • STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF JEFFERSON § This Agreement for Professional Services("Agreement")is made by and between the City of Port Arthur,Texas,a Texas home-rule municipality located in Jefferson County,Texas("City"), and J-QUAD Planning Group, LLC ("Professional") (individually, each a "Party" and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor for all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt,timely action. If Professional is representing that it has special expertise in one or more areas to be utilized in the performance of this Agreement,then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the date of execution by all parties and the work will begin upon the issuance of the Notice to Proceed by the City(the"Effective Date") and shall remain in effect for a period of 13 months or until services are complete, including the time necessary to develop the project deliverables, subject to change upon request or mutual agreement(s). 2.2 Professional may terminate this Agreement by giving thirty(30)days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed inaccordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. 2.4 Upon notice of termination by Professional or City,Professional shall immediately surrender all project documents produced by Professional and its subcontractors up to and including the date on which termination notice was given. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled"Scope of Services." In case of conflict with the language of ExhibitA and the provisions of this Agreement,the provisions of this Agreement shall control. Any additional services require the prior approval of the City Council of the City. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services, in accordance with a work schedule established by City(the"Schedule"),which is attached hereto and incorporated as Exhibit A. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others, Professional may request an extension of time for the performance of same as hereinafter provided,and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time,for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five(5)business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Page 2 of 11 City of Port Arthur, Texas Professional Services Agreement Article V Compensation and Method of Payment 5.1 City shall pay Professional for the services specifically as set forth in ExhibitA and in accordance with the Rate Schedule in an amount not to exceed$49,980.00 for said services. 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the Project through the end of the then submitted billing period,the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, interne, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that are unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates, (a copy of the Rate Schedule is attached hereto as Exhibit A),and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement, Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. Page 3 of 11 City of Port Arthur, Texas Professional Services Agreement 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of Port Arthur and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. 6.4 Professional shall furnish the facilities, equipment,telephones, facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of Port Arthur, Texas Attention: Ron Burton, City Manager 444 4th Street Port Arthur, Texas 77640-1089 Page 4 of 11 City of Port Arthur, Texas Professional Services Agreement A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error,omission or negligent act with minimum limits of$1,000,000 per claim, $1,000,000 annual aggregate NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. • C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+or better as assigned by A.M. Best Company or equivalent. Page 5 of 11 City of Port Arthur, Texas Professional Services Agreement Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings,written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. Page 6 of 11 City of Port Arthur, Texas Professional Services Agreement 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining to a period of time following the termination of this Agreement shall survive termination, including, but not limited to, Section 3.3,Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3)days after delivery set forth herein: If intended for City: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Ron Burton, City Manager Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Val Tizeno, City Attorney If intended for Professional: J-QUAD Planning Group,LLC 6610 West Spring Creek Parkway Plano,Texas 75024 Attn: James Gilleylen 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. Page 7of11 City of Port Arthur, Texas Professional Services Agreement 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional,its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH, THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT 10.15 Conflicts of Interests. Professional represents that no official or employee of City has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by Professional under this section shall be grounds for termination of this Agreement and shall be grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such -misrepresentation. 10.16 Default. If at any time during the term of this Agreement,Professional shall fail to commence the services in accordance with the provisions of this Agreement or fail to diligently provide services in an efficient, timely and careful manner and in strict accordance with the provisions of this Agreement or fail to use an adequate number or quality of personnel to complete the services or fail to perform any of Professional's obligations under this Agreement, then City shall have the right, if Professional shall not cure any such default after thirty (30) days written notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver Page 8 of 11 City of Port Arthur, Texas Professional Services Agreement of any other right or remedy of City. If after exercising any such remedy due to Professional's nonperformance under this Agreement, the cost to City to complete the services to be performed under this Agreement is in excess of that part of the contract sum which as not theretofore been paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such excess costs. 10.17 Confidential Information. Professional hereby acknowledges and agrees that its representatives may have access to or otherwise receive information during the furtherance of Professional's obligations in accordance with this Agreement, which is of a confidential, non- public or proprietary nature. Professional shall treat any such information received in full confidence and will not disclose or appropriate such Confidential Information for Professional's own use or the use of any third party at any time during or subsequent to this Agreement. As used herein, "Confidential Information"means all oral and written information concerning the City, its affiliates and subsidiaries, and all oral and written information concerning City or its activities, that is of a non-public,proprietary or confidential nature including,without limitation,information pertaining to customer lists, services,methods,processes and operating procedures,together with all analyses,compilations,studies or other documents,whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted;but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both;and(2)the terms of this Agreement are not intended to release,either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally Left Blank] Page 9 of 11 City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2023. CITY: CITY OF PORT ARTHUR,TEXAS, A Texas home-rule municipality, By: Ron Burton,City Manager ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney EXECUTED this day of , 2023. PROFESSIONAL: J-QUAD Planning Group, LLC By: Owner/Consultant Page 10 of 11 City of Port Arthur, Texas Professional Services Agreement Exhibit A Scope of Services/Schedule • Page 11 of 11 City of Port Arthur, Texas Professional Services Agreement ADDENDUM#2 • r THURMAN BILL BARTIE,MAYOR RONALD BURTON INGRID HOLMES,MAYOR PRO TEM Energy City of CITY MANAGER rg. COUNCIL MEMBERS: w \ SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY THOMAS KINLAW III o r t r t h u- KENNETH MARKS VAL TIZENO CHARLOTTE MOSES TerR.r CITY ATTORNEY DONALD FRANK,SR. 02/03/2023 REQUEST FOR PROPOSALS DEVELOPMENT OF A 5-YEAR PLAN WITH FIRST YEAR ANNUAL ACTION,MARKET STUDY/ANALYSIS, SITE AND NEIGHBORHOOD STANDARDS AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING-ASSESSMENT OF FAIR HOUSING DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, March 1, 2023. (The clock located in the City Secretary's office will be the official time.) Applicant names will be read aloud beginning at 3:15 p.m. on Wednesday, March 1, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE: P23-017 DELIVERY ADDRESS: Please submit one (1) orizinal and three (3) exact duplicate copies and USB of your RFO to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning this Request for Proposals and Scope of Work should be directed in writing to: City of Port Arthur, TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 clifton.williams@portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 j Fax 409.983.8291 • The enclosed REQUEST FOR PROPOSALS (RFQ) and accompanying GENERAL INSTRUCTIONS, CONDITIONS and SPECIFICATIONS are for your convenience in submitting Proposals for the enclosed referenced services for the City of Port Arthur. Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFQ submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFQ submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager REQUESTS FOR PROPOSALS DEVELOPMENT OF A 5-YEAR PLAN WITH FIRST YEAR ANNUAL ACTION, MARKET STUDY/ANALYSIS, SITE AND NEIGHBORHOOD STANDARDS AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING-ASSESSMENT OF FAIR HOUSING (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: Person Completing Form: Telephone: Mailing Address: Email: City, State, Zip Code: Date: City of Port Arthur Request for Proposal for the Development of a 5-Year Plan with First Year Annual Action, Market Study/Analysis, Site and Neighborhood Standards and Analysis of Impediments to Fair Housing-Assessment of Fair Housing OBJECTIVE The City of Port Arthur is requesting proposals from qualified firms and consultants to provide professional services for the development of the City's five (5) Year Consolidated Plan FY (Program Year 2024 -End of Program Year 2029), Analysis of Impediments of Fair Housing—Assessment of Fair Housing, Market Study, and Site and Neighborhood Standards as part of the City's participation in the U.S. Department of Housing and Urban Development's Community Development Block Grant(CDBG) Program. The plan will include an analysis of community needs and current conditions, identifying goals and objectives, a five-year strategic plan, and an Annual Action Plan for the first year(FY 2024). Assistance is also requested in establishing adequate and appropriate performance measurements of the City's CDBG-funded projects. The specific requirements for the Consolidated Plan can be found in the Code of Federal Regulations, Title 24, Section 91, ET. Sec. (24 CPR 91). The City of Port Arthur (City) receives Housing and Community Development funding from the Department of Housing and Urban Development (HUD). The City develops each program year an Annual Action Plan and, once every five years, a Consolidated Plan that includes market information. Additionally, under the Home Investment Partnerships program (HOME), the City and applicants to the City for HOME funding are required to analyze market conditions to ensure project viability. While market studies for individual projects will still be created, the City would like to provide information to assist local organizations and the City in determining project feasibility. The information from this market analysis will also be provided to other agencies and the public for general information related to Port Arthur's housing market. The City is seeking an individual or firm knowledgeable and experienced in developing a market analysis of housing, demographic and economic factors that influence the development of housing in Port Arthur. The City also requests support in compliance with the HUD Site and Neighborhood Standards Requirements. Skills needed include data collection and analysis as well as knowledge of the types and categories of housing, including single-family and multifamily for both market and subsidized projects. The City Housing and Neighborhood Revitalization Department is the contractor for this RFP and will use the market analysis. The City has identified the following qualifications that it believes are necessary for the successful performance and completion of the services described in the Scope of Work. The prospective contractor must: A. Have experience providing the services described. B. Assign personnel with education and experience in law, statistics, sociology, data analysis, research, real estate, and other disciplines related to housing to perform the services. C. Have phone, internet, and e-mail access. Internet and e-mail access must be adequate to allow the prospective contractor to download and upload data and files and receive files and attachments from City staff. D. Agree to maintain and provide evidence satisfactory to the City of General Liability and Worker's Compensation Insurance coverage if applicable. E. Agree to execute a contract acceptable to the City's Attorney's Department. SCOPE OF WORK The Consolidated Plan for June 1, 2024, through May 31, 2029, on Integrated Disbursement and Information System (IDIS) must be approved by the City of Port Arthur City Council and submitted to HUD on or about April 17, 2024. The project must be substantially underway within 30 days of contract execution. Drafts must be regularly submitted to City staff throughout the project, and a complete draft must be submitted for review before the finalization of the Plan. A minimum of two (2) public meetings must be held to solicit public input on the details of the Plan. It is expected that in developing the Consolidated Plan, the services rendered will include the coordination and facilitation of public meetings and other methods of citizen participation; a review of community facilities and infrastructure; analysis of data such as population trends, household characteristics, housing, and homeless services/needs, educational attainment, and income characteristics; graphic representations of these trends as well as maps of the City and specific focus areas; identification of local and regional service providers; and the development of priorities and strategies. It is expected that the consultant is to work with City staff. At least three meetings with the Project Committee will be scheduled. The completed plan must also be submitted electronically, with all maps, graphics, and other attachments, and in a format capable of being reproduced by current City computer hardware and software. The City of Port Arthur requests assistance in preparing a Consolidated Plan for June 1, 2024, through May 31, 2029. The Consolidated Plan is a requirement of the United States Department of Housing and Urban Development and serves as the City's application for the Community Development Block Grant (CDBG) funding. The completed Consolidated Plan is due to the City of Port Arthur by January 4, 2024. It is required by HUD to be logged into the IDIS system on or about April 17, 2024, at midnight. HUD grantees can submit their Consolidated Plan using the Consolidated Plan template in IDIS online. The Consolidated Plan template will be required for all Consolidated Plans submitted on or after November 15, 2014. The consultant must upload the e-consolidated plan in the HUD database, IDIS, along with the first Annual Action Plan. Staff will give the consultant access to the HUD IIDIS database system if necessary. The plan will include an analysis of community needs and current conditions, identifying goals and objectives, a five-year strategy, and an Annual Action Plan for the first year(FY 2024-2029). Assistance is also requested in establishing adequate and appropriate performance measurements of the City's CDBG-funded projects. The specific requirements for the Consolidated Plan can be found in the Code of Federal Regulations, Title 24, Section 91, ET. Sec. (24 CFR 91). Market Analysis A request is made for a complete Market Analysis of properties in the City of Port Arthur. It shall be made to evaluate the existing or proposed property as security for long-term HUD-assisted and all housing projects City Wide. Included in the evaluation is an estimation of the market value of the property and an analysis of the market need, location, earning capacity, operating expenses, and warranted cost of the property. The Market Analysis develops conclusions concerning feasibility, suitability of improvements, extent, quality, duration of earning capacity, and other factors that have a bearing on the economic soundness of the property. The objective is to have a properly designed project in the right location to support the loan. Such a project meets the demands of the rental market at rents that will pay all expenses of operation, debt service, and return to equity where such return is permitted. The successor must be familiar with HUD reviews and guidelines. Site &Neighborhood Standard The City of Port Arthur must administer its HOME Investment Partnership Program in a manner that provides housing that is suitable from the standpoint of promoting more excellent choice of housing opportunities and facilitating and furthering full compliance with Title VI of the Civil Rights Act of 1964,the Fair Housing Act, Executive Order 11063, and HUD regulations. The U.S. Department of Housing and Urban Development("HUD")requires participating jurisdictions that administer HOME programs to establish Site and Neighborhood requirements concerning the new construction of rental housing. The determined requirements must meet the criteria stated in 24 CFR 983.6(b),which are stated below: To ensure compliance with the HOME rules and regulations,the City of Port Arthur Housing and Neighborhood Revitalization Department(HNRD) evaluates all new construction of rental housing based on the condition of the surrounding neighborhood, including the appropriate environmental and aesthetic needs and proximity to the retail, medical,neighborhood, and educational facilities, and employment centers. The site's appearance to prospective tenants and accessibility via the existing transportation infrastructure and public transportation systems will also be evaluated. Unacceptable sites include, without limitation,those containing a non-mitigable environmental factor that may adversely affect the health and safety of the residents. The Successor must be familiar with HUD reviews and guidelines. CONTRACT TERM This contract's term could be for twelve (12) months from the effective date of the contract or until the City receives final approval from HUD of the Consolidated Plan. COST PROPOSAL Each cost shall be spelled out in a separate line item. One price is for the Five-Year Consolidated Plan, one is for the Annual Action Plan, one is for the Analysis of Impediments to Fair Housing, and one is for Market Study and Site Neighborhood Standards. The proposed cost shall be expressed as an hourly rate for a specified number of hours and broken out by specific work products, as outlined in the Scope of Work. The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pages. excluding resumes. All pages of the proposal must be numbered, and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. A.l EXPERIENCE 1. Experience and background of personnel assigned to the project successful, recent and relevant experience in preparing the following; (a) Consolidated Plans, Market Analysis (b) Analysis of Impediments to Fair Housing, (c) Developing Community Development Block Grant Policies (d) Developing guidelines and Performance Measures for the timely expenditure of Community Development Block Grant Funds (e) Experience facilitating public meetings and making presentations before public agencies, citizen groups, and elected officials. 111 PAST PERFORMANCE 1. Past records that were timely and efficient management of Projects. Include a description of the project. 2. The projects were accomplished within the original budget and time frame. 3. Past records that obtained approval by the United States Department of Housing and Urban Development (HUD) 15 For Consolidated Plans or similar documents. 4. City will evaluate the Quality of work products and the successful implementation of related work. LI REFERENCES 1. References (minimum of three) and samples of previously prepared Five (5)-Year Consolidated Plans or other similar documents. References will be contacted and rated based on their satisfaction with the services provided. Ill COST OF PROFESSIONAL SERVICES 1. Proposed charge for performing the Scope of Work expressed as an hourly rate for a specified number of hours and broken out by specific work products. yVALIJATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee, and those proposers selected for a short list may be invited to attend an interview, at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, qualifications, project approach, price, and quality of the response. The City reserves the right to negotiate the final fee prior to recommending any Vendor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a.Experience of Personnel (20 points) b.Past Performance (35points) c. References (25 points) d. Cost of Professional Services(20 points) 2. City staff shall recommend the most qualified Vendor to the City Council and request authority to enter into contract negotiations. 3. When services and fees are agreed upon,the selected Vendor shall be offered a contract subject to City Council approval. 4. Should negotiations be unsuccessful, the City shall enter into negotiations with the next, highest-ranked Vendor. The process shall continue until an agreement is reached with a qualified Vendor. 5. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to,and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an award to the best-evaluated proposer. This information may be appended to the proposal evaluation process results. LETTER OF INTEREST Page 8 of 20 RFQ — Request for Proposal for Development of a 5-Year Plan with Market Study/Analysis AND Site &Neighborhood Standards Deadline: March 1,2023 The undersigned firm submits the following information (this RFQ submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City) for Solicitation of Non Profits for Home ARP Program Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ COMPLETED RFQ LETTER OF INTEREST FORM ❖ NON-COLLUSION AFFIDAVIT (MUST BE NOTARIZED) ❖ AFFIDAVIT (MUST BE NOTARIZED) ❖ CONFLICT OF INTEREST ❖ HOUSE BILL 89 VERIFICATION ❖ SB 252CHAPTER 2252 CERTIFICATION Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFQ and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFQ. Firm accepts all terms of the RFQ submittal process by signing this letter of interest and making the RFQ submittal. This RFQ shall be governed by and construed in all respects according to the laws of the State of Texas. Firm Name Date Authorized Signature Title Name (please print) Telephone Address City/State/Zip Email Page 9 of 20 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS § By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: Title: Company: Date: SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder. Notary Public in and for the State of Texas My commission expires: Page 10 of 20 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. Firm Name Date Authorized Signature Title Name (please print) Telephone Email STATE: COUNTY: SUBSCRIBED AND SWORN to before me by the above named on this the day of , 20 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. Name of Officer J Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes n No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local govemment officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www ethics state.tx us Revised 11/30/2015 Page 13 of 20 SB 252 CHAPTER 2252 CERTIFICATION I, , the undersigned an representative of (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above- named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. Name of Company Representative (Print) Signature of Company Representative Date Page 14 of 20 House Bill 89 Verification I, (Person name), the undersigned representative (hereafter referred to as "Representative") of _ (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory,but does not include an action made for ordinary business purposes. SIGNATURE OF REPRESENTATIVE SUBSCRIBED AND SWORN TO BEFORE ME,the undersigned authority, on this day of , 20 . Notary Public Page 15 of 20 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Page 16 of 20 Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively, beginning with 1. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounting,P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may Page 17 of 20 request and rely on advice, decisions, and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City 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 Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Page 18 of 20 • TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. PUBLIC INSPECTION OF PROPOSALS: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing,that the Proposal Document contains trade secrets or confidential information, the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such Page 19 of 20 information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. PROPOSAL EVALUATION AND CONTRACT AWARD: Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which offerors are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. A variety of factors may be used in the evaluation of the submitted proposals for this project. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified proposer. Discussions may not be initiated by offerors. These discussions will be limited to issues and topics brought forth by the City. Any attempt by proposer or vendor at deviating from the issues and topics to discuss other issues and topics concerning the Proposal brought forth by the City of Port Arthur shall be grounds for disProposal. Vendors shall not contact any City of Port Arthur personnel during the proposal process without the express permission from the City's Purchasing Manager. AMBIGUITY: Any ambiguity in the Proposal Document as a result of omission, error, lack of clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. Page 20 of 20 CITY OF PORT ARTHUR Request for Bid Development of A 5-Year Plan with 1st Year Annual Action, Market Study/Analysis, Site and Neighborhood Standards and Analysis of Impediments to Fair Housing - Assessment of Fair Housing February 10, 2023 February 17, 2023 PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS • REQUEST FOR PROPOSALS NOTICE IS HEREBY GIVEN THAT sealed Proposals, addressed to the City of Port Arthur,will be received at the Office of the City Secretary, City Hall 444-4th Street or P.O. Box 1089, Port Arthur,Texas 77641 no later than 3:00 P.M.,Wednesday,March 1,2023 and all bids received will thereafter be opened and read aloud on Wednesday,March 1,2023 at 3:15 P.M.in the City Council Chambers,5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: REQUEST FOR PROPOSALS DEVELOPMENT OF A 5-YEAR PLAN WITH FIRST YEAR ANNUAL ACTION,MARKET STUDY/ANALYSIS,SITE AND NEIGHBORHOOD STANDARDS AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING-ASSESSMENT OF FAIR HOUSING Proposals received after closing time will be returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444-4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www:portarthurtxgpv/bids,0 x or +nwpublic urchase com. The City of Port Arthur reserves the right to reject any and all proposals and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations ' PUBLIC NOTICE CITY OF PORT ARTHUR,TEXAS REQUEST FOR PROPOSALS Ciift Purcl FIRST PUBLICATION: February 10,2023 NOTICE IS HEREBY GIVEN THAT sealed Proposals, addressed to the City of Port Arthur,will be SECOND PUBLICATION: February 17,2023 received at the Office of the City Secretary, City Hall 444-4th Street or P.O. Box 1089, Port ___..._�....._.._.__..__ _ ___ __ Arthur,Texas 77641 no later than 3:00 P.M.,Wednesday,March 1,2023 and all bids received will thereafter be opened and read aloud on Wednesday,March 1,2023 at 3:15 P.M.in the City Council Chambers, 5th Floor, City Hall,Port Arthur,Texas for certain services briefly described as: REQUEST FOR PROPOSALS DEVELOPMENT OF A 5-YEAR PLAN WITH FIRST YEAR ANNUAL ACTION,MARKET STUDY/ANALYSIS,SITE AND NEIGHBORHOOD STANDARDS AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING-ASSESSMENT OF FAIR HOUSING Proposals received after closing time will be returned unopened. Copies of the Specifications and other Contract Documents are on file in the Purchasing Office, 444-4th Street,City of Port Arthur,and are open for public inspection without charge.They can also be retrieved from the City's website at www.portarthurtx.gov/bids.aspx or www.publicpurchase.com. The City of Port Arthur reserves the right to reject any and all proposals and to waive informalities. Per Chapter 2 Article VI Sec. 2-262(C)of the City's Code of Ordinance, the City Council shall not award a contract to a company that is in arrears in its obligations to the City. (41 02_ aifton Will' CPPB Purchasing Manager FIRST PUBLICATION: February 10,2023 SECOND PUBLICATION:February 17,2023 CITY OF PORT ARTHUR, TEXAS Consolidated Plan (2024 — 2029) Request for Qualifications P23 - 017 March 1, 2023 Submitted By: JQUAD PLANNING GROUP, LLC COVER SHEET Lead Firm: JQUAD PLANNING GROUP, LLC Local Address: 6010 West Spring Creek Parkway, Plano, Texas 75024 Contact Person: James Gilleylen, President Federal Tax ID: 03-0508483 Incorporated 1994 MI Phone: (214) 533-9028 J-QUAD Email: qillevlenj(@jquad.com • PLANNING GROUP MULTI-DISCIPLINARY DELIVERY TEAM Consolidated Plans, Grants Management, Urban Planning: JQUAD Public Infrastructure - Capital Improvements: Simon Engineering Public Engagement, Planning, Community Services: J Williams Group CONSOLIDATED PLANS - PAST PERFORMANCE Statewide Consolidated Plans - States of Arkansas, Florida, Vermont Regional / Metropolitan Consolidated Plans - Shreveport/Bossier Parish, LA; Brownsville, San Bonito, Harlingen, TX; Phoenix/Scottsdale/Tempe, AZ; Pinellas County/Clearwater/St. Petersburg/Bradenton/Largo, FL; Prince Williams County/Manassas/Haymarket, VA; Charleston/North Charleston/Charleston Co., SC Recent City Consolidated Plans - Little Rock, AR; Baton Rouge, LA; Columbia, SC; Amarillo, Arlington, Dallas, Grand Prairie, San Antonio, Port Arthur, Mesquite, TX; 1 TABLE OF CONTENTS Tab 1: Transmittal Letter and Contact Information 3 Contact Information 5 Tab 2: Firm Background 6 Firm Background 6 Tab 3: Understanding of Requirements and Project Approach 7 Understanding of Requirements 7 Project Approach and Methodology 11 Tab 4: Previous Experience, Staffing, References 18 Previous Experience 26 JQUAD PLANNING GROUP Staffing and Key Personnel 29 JQUAD Client Information and References 33 Firm Overview and Resumes for J Williams Group 34 Firm Overview and Resumes for Simon Engineering 37 Tab 5: Cost Proposal 40 Bid Documents 40 2 JQUAD PLANNING GROUP, LLC 6010 West Spring Creek Parkway Plano, Texas 75024 Direct: (214) 533-9028 Tab 1 : Transmittal Letter and Executive Summary March 1, 2023 Request for Qualifications City of Port Arthur, Texas City Secretary 444 4th Street, 4th Floor Port Arthur, Texas 77640 Clifton Williams, Purchasing Manager JQUAD Planning Group, LLC is pleased to submit this response to Request for Qualifications P23-017 for Consultant Services to develop the 5 Year 2024 — 2029 Consolidated Plan, 2024 Annual Plan (AP), Assessment of Fair Housing (AFFH) / Analysis of Impediments (Al), Market Analysis, Site and Neighborhood Standards for the City of Port Arthur, Texas. JQUAD Planning Group is a Texas based limited liability company with its primary offices located in the Dallas, Texas metropolitan area. JQUAD's team of professional urban planners, demographers, and housing consultants have provided quality services to city, county, state, and federal government agencies since 1994. JQUAD specializes in housing, community, and economic development consulting, including assistance in grant preparation; entitlement program design, administration, planning and evaluation; land use and revitalization planning; de-concentration and fair housing; and disaster recovery planning and administration. JQUAD's 2019 - 2022 experience included completion of Consolidated Plans, Annual Plans and Analysis of Impediments for the Cities of Arlington, Beaumont, Desoto, Grand Prairie, Mesquite, Orange, Port Arthur and Wichita Falls, Texas; Charleston, South Carolina; Brunswick, Fulton, and Valdosta, Georgia; Decatur, Huntsville, and Cullman County Alabama; Conway, Fort Smith, North Little Rock, Rogers, Springdale, and State of Arkansas; and McHenry County, Illinois. JQUAD is currently developing the 2023 — 2027 Consolidated Plan and AFFH for the City of Fort Worth, Texas. 3 During 2022—2023, JQUAD has completed and received HUD approval of HOME ARP Plans and Substantial Amendments for the cities of Port Arthur, Grand Prairie, and Brazoria County, Texas; Fort Smith, North Little Rock, Arkansas, and Shreveport, Louisiana. During 2015 -2019, JQUAD conducted Impediment Analyses, Assessments of Fair Housing, Consolidated Plans, Annual Plans, and project specific needs assessments and revitalization plans for cities, counties and states including Abilene, Amarillo, Brownsville, Corpus Christi, Dallas, Desoto, Grand Prairie, Harlingen, Kountze, Lubbock, Mesquite, Orange, Plano, Port Arthur, San Bento, Wichita Falls, Texarkana and Tyler, Texas; Alexandria, Baton Rouge, Shreveport and Lake Charles, Louisiana; Brunswick, Columbus, and Valdosta, Georgia; Tempe and Scottsdale, Arizona; Medford, Oregon; Compton, California; Decatur Housing Authority, Mobile County, Huntsville Housing Authority, and City of Huntsville, Alabama; Prince Williams, Chesterfield, and Henrico Counties, Virginia; State of Arkansas and Bentonville, Conway, Fayetteville, Fort Smith, Jacksonville, Jonesboro, Little Rock, North Little Rock, Hot Springs, Texarkana and West Memphis, Arkansas; Jackson, Tennessee; and Charleston County, and the cities of Charleston and North Charleston, South Carolina. The JQUAD Team represents and mirrors the diversity and inclusiveness of the City of Port Arthur with JQUAD a Minority Business Enterprise including four African American males, one White female and 4 African American Females. The Simon Engineering Group, a Minority and Female Business Enterprise has two African American females and two African American males assigned to the project. The J Williams Team, a Minority and Female Business Enterprise, includes three females, an African American, Hispanic, and White, and will support and enhance inclusion and communication among the city's diverse populations. JQUAD PLANNING GROUP's offer under this proposal will remain in effect for ninety days after acceptance of the firm's proposal by the City of Port Arthur. James Gilleylen, President - contact person is authorized to negotiate and execute all contractual agreements. Respectfully, James Gilleylen, President 4 CONTACT INFORMATION Name of Proposal: Request for Qualifications to develop Consolidated and Strategic Plan 2024 — 2029 Analysis of Impediments, 2024 Annual Plan Market Analysis, Site and Neighborhood Standards Name of Firm: JQUAD PLANNING GROUP, LLC Federal Tax ID: 03-0508483 DUNS: 883209210 Local Address: 6010 West Spring Creek Parkway Plano, Texas 75024 Contact Person: James Gilleylen, President Phone: (214) 533-9028 Email: gilleylenj(&_iquad.com Website: http://www.jquad.com 5 TAB 2: OVERVIEW OF LEAD FIRM Nationally Recognized for Its' Innovation in Planning - JQUAD is a leader in revitalization and sustainability planning with core competencies in fair housing, urban, regional and rural planning; disaster planning and recovery; commercial corridor and neighborhood redevelopment; housing and economic development finance; public policy, regulatory development, and implementation. Community engagement through transformation visioning exercises with stakeholders, SWOT analysis, and strategic planning are critical components of each planning effort. JQUAD places priority on involving a broad sector of the community and local stakeholders in developing a vision of their community and creating long term commitments to implementation, investment, and resiliency. JQUAD incorporates the use of state-of-the-art technology for gathering input and maximizing the involvement of stakeholders. Our planning initiatives include consolidated plans, analysis of impediments, public and assisted housing de-concentration plans, city comprehensive / master plans, needs assessments, market analysis, neighborhood sustainability and revitalization plans; downtown housing, specialty districts and workforce housing; housing needs assessments, and creating commercial corridor plans — economic development strategies that guide redevelopment of communities and public policy. Communities impacted by natural disasters and economic downturns have commissioned JQUAD to develop plans identifying opportunities to match their emergency and immediate needs with implementation resources. Federal Government Planningand Policy - Federal Consulting include HUD Headquarters - formulation of HUD's Capital Fund Formula, software and Public Housing Funding Allocation Model for funding Public Housing and Section 8 Voucher programs nationally; U. S. Fifth Circuit Court Consent Decree program management of the "Walker v HUD" in Dallas Texas and "Young v HUD" Housing Discrimination Lawsuits involving 72 cities and housing authorities in east Texas; and U.S. Department of Navy, Defense Manpower Analysis. In 2018, JQUAD was commissioned to complete Disaster Recovery Planning for Port Arthur Texas and to provide statewide loan underwriting for the Texas GLO Multifamily Disaster Recovery Program. 6 TAB 3: UNDERSTANDING OF THE REQUIREMENTS Understanding of Requirements - City of Port Arthur has requested assistance with the development of their 2024 —2029 Consolidated Plan, Assessment of Fair Housing, and 2024 Annual Plan, Market Analysis, Site and Neighborhood Standards. JQUAD's proposal includes completion of the Consolidated Plan and Annual Plans in HUD IDIS and the updating of the Analysis of Impediments to Fair Housing in accordance with current HUD regulations. This proposal delineates our work plan, approach and methodology which is based on the following HUD requirements. The Consolidated Plan is a five-year plan and prerequisite for jurisdictions to receive HUD Entitlement Grants prescribed and published in 24 CFR 91.200-91.230, with revisions for the Consolidated Plan. The Consolidated Plan serves as both a planning document and meets the statutory requirements of performing community outreach and determining priority needs for the programming of CDBG, HOME, HOPWA, and ESG funding. The Consolidated Plan also sets forth the Entitlement's application for HUD funding. The Consolidated Plan includes a Housing Market Analysis, Housing and Homeless Needs Assessments, 5-Year Strategic Plan, and a 1-Year Action Plan, with accompanying documentation relating to public participation and public comment. The Strategic Plan will address specific needs that are identified in the data analysis, with specific goals and program targets for each category designated for funding. The Annual Action Plan is a subset of the Strategic Plan, addressing funding options for the first fiscal year. The Consolidated Plan can be used by organizations in the community as a guide for identifying activities through which they can help the jurisdiction reach their housing and community development goals. The Consolidated Plan also serves as the baseline for measuring program effectiveness, as reported in the Consolidated Annual Performance and Evaluation Report (CAPER) required by HUD at the completion of each fiscal year's funding allocation period. Citizen Participation Plan and Community Outreach — The Citizen Participation Plan will be updated including strategies for community outreach. We will determine the priority needs for housing, infrastructure, non-housing community development, social service, human 7 /N f"‘ service, community, and supportive service needs of the community. The citizen participation methodology will utilize a survey instrument, stakeholder, advocacy group and service agency interviews, demographic research and analysis, and focus group sessions, and community forums/public hearings, surveys and interviews. The data and conclusions from the citizen participation plan will be used in developing the Strategic Plan and Annual Plan Housing and Homeless Needs Assessments and Non-Housing Community Development Needs Assessment and developing recommendations for funding priorities in the 5 Year Consolidated Plan and Annual Action Plan. Analysis of Impediments (Al) and Assessment of Fair Housing (AFFH) Regulations - In 1995, HUD announced that "entitlement communities" - City, County, and State Governments receiving Community Development Block Grant (CDBG), HOME Investment Partnership Grants (HOME), Emergency Shelter Grant (ESG), and Housing Opportunities for People with Aids (HOPWA) funding and Public Housing Authorities receiving Section 8 Voucher and Low Rent Public Housing funding - must conduct an analysis of existing barriers to housing choice and certify that they are "affirmatively furthering fair housing choice". In 2016 HUD published final regulations of the "Assessment of Fair Housing" (AFH) with proposed changes to the 1995 Al requirements. These new regulations were made effective November 2016 however HUD suspended the use of the on-line assessment tool, and the AFH during the Trump Administration, and reinstated in 2021 by the Biden Administration. The AFFH identifies impediments and violations based on the 1968 Federal Fair Housing Act, discovered through community input, analysis of census data, review of local land use plans and ordinances, fair housing complaints filed with the HUD FHEO, court decisions pertaining to fair housing, analysis of local policy, programs, and development regulations, and analysis of Home Mortgage Disclosure Act data. The process includes analyses of fair housing testing and FHIP/FHAP funded activities that may have been conducted in the jurisdiction. The AFFH is required to presents recommendations to remediate any impediments identified and to develop an action plan describing actions to be taken to affirmatively further fair housing. The documentation provided in the analyses focuses the jurisdiction's attention to fair housing issues, provides a baseline from which the success of remediation activities can be measured, and serves as a foundation for partnerships between representatives of government, 8 nonprofits, housing, business and the community, helping assure that all citizens have equal access to housing choices. Recommendations are incorporated into the Consolidated Plan and Annual Plan goals, objectives and programming, and progress toward implementing the remedial actions is reported annually to HUD as part of the jurisdictions CAPERS. The role of economics, housing markets, personal choice, race and ethnicity are considered in evaluating fair housing. Our comparative analysis of demographic factors is utilized in developing the Community Profile, Fair Housing Index and Home Mortgage Disclosure Act Analysis to determine any disparate impacts for persons of a particular race, ethnicity, or members of the protected classes. The Community Profile, Home Mortgage Disclosure Act Analysis and Fair Housing Index provide documentation that the methodology has included an examination of race and ethnicity in determining the impediments. This is an essential element of the Fair Housing Impediment Analysis methodology, and its importance elevated in the landmark court case involving Westchester County, New York. The Public Involvement Process and assessment and prioritization of community needs will examine and address needs of the entire community including those of low-to-moderate income residents and the population as a whole. The AFFH will include conducting interviews, surveys and community input workshops coupled with data analysis to generate recommendations for addressing impediments. The public participation for the Consolidated Plan and Analysis of Impediments will be consolidated to maximize public participation. The AFFH will provide an assessment of race and ethnicity, including location comparative analysis by race and ethnicity of ten demographic factors to determine any disparities in their effects on persons of a particular race, ethnicity, or members of the protected classes under fair housing law. This analysis is used to perform an equity assessment and disparate impact analysis of populations performing below the State, MSA or citywide median and to identify census tracts where the sum impact of certain demographic variables are adversely affecting a residents' fair housing choices and likely contributing to problems of housing discrimination and issues relative to housing quality and affordability. The HUD R/ECAP Assessment determines geographical concentrations of poverty, race and ethnicity and compares the location and placement of persons assisted by City in concentrated and non-concentrated areas. 9 The Market Demand Analysis has been commissioned as a part of a broader effort to promote new construction infill housing development on vacant lots for homeownership; rehabilitation and reconstruction of existing owner-occupied housing; and development of affordable rental and lease purchase housing; by both the private sector and Community Housing Development Organizations (CHDO), and in support of persons at 80% and below the median income. The primary areas being considered are the low — moderate income census tracts in the city, census tracts where 51 percent or more of the residents earn incomes at 80 percent or below the median income for the city. By HUD regulations, Entitlement Jurisdictions may invest entitlement funding in these low — moderate income census tracts eligible for"area investment" benefiting the area. However these improvements are accessible to anyone, regardless of their income, for improvements paid for with Community Development Block Grant (CDBG) and Home Investment Partnership Entitlement Grant funding. Area benefits may include infrastructure improvements such as sidewalks, street reconstruction, water and sewer, park and recreation and other improvements that support the development of housing and community development, encourage reinvestment and improve the quality of life for residents. The market demand analysis also extends to areas citywide where housing needs can be supported with Entitlement Funds that are invested citywide regardless of the income of the census tract, if funding is provided as an "individual benefit" in the form of a loan or grant to an eligible low-moderate income individual or household. Individual benefits are generally provided as down payment, closing cost, principle and interest rate buy downs for home buyers, and for rental housing development and rental subsidies to individuals. The U.S. Department of Housing and Urban Development ("HUD") requires participating jurisdictions that administer HOME programs to establish Site and Neighborhood Standards with respect to new construction of rental housing by meeting the requirements stated in 24 CFR 983.6(b), which are stated below: New construction site and neighborhood standards (1) The site must be adequate in size, exposure, and contour to accommodate the number and type of units proposed, and adequate utilities must be available to service the site. (2) The site must be facilitate and further compliance with provisions of title VI of the Civil Rights Act of 1964, the Fair Housing Act, Executive Order 11063, and implementing HUD regulations. (3) (i) The site must not be located in an area of minority concentration, except as permitted by HUD. 10 PROJECT APPROACH AND METHODOLOGY CONSOLIDATED PLAN 2024 — 2029 Citizen Participation Plan — Component 1 Community Engagement - In order to effectively involve the community in the planning effort, a structured approach to public involvement is required. We propose a Citizen Participation Plan that has the following elements: Strategic Planning Session - Consultant Study Team will hold strategic planning sessions with the City Staff, Advisory Committees and staff responsible for Entitlement Grant administration of federal entitlement grant and fair housing administration, and agencies and departments that utilize federal grant funds that the City wants included. The goal will be to build consensus and awareness for the study methodology and affirm their awareness of the need for their support in addressing priority needs in the community with entitlement grant funding. Interviews and Focus Group Sessions - Consultant Study Team will hold virtual focus group sessions and interviews with City staff, elected / appointed officials, stakeholders, community and civic leaders, social service, housing developers and providers and industry personnel arranged around topics, or geographical participation. The content of focus group interviews will include perceptions of the fairness of housing practices in relation to housing and community development opportunities for all citizens and clients of the City, particularly racial minorities, low-income groups and protected class members under fair housing law. Resulting Product — The results will be published as a component of the Consolidated Plan, Annual Plan and Analysis of Impediment to Fair Housing. The Analyses will include a summary of the perceptions, attitudes, and values of participants concerning priority needs utilizing entitlement grant funding and the status of fair and affordable housing and actions needed to improve community conditions and remove barriers to affordable housing. lI 2024 - 2029 CONSOLIDATED PLAN / 2024 ANNUAL PLAN — COMPONENT 2 Housing Market Analysis and Housing and Homeless Needs Assessment - The Housing Market Analysis, Housing and Homeless and Non-Community Development Needs Assessments represents the data analysis of needs. This includes an analysis of recent Consolidated Plan, Al, CAPERs, Continuum of Care; planning documents from the Public Housing Authority; activity in the City concerning lead-based paint, and guidelines for programs operated by the City. JQUAD's analysis will include data sources, including available Census data, thematic mapping, CHAS data from HUD; home sales from the local Board of Realtors, apartment occupancy information from the local Apartment Association, and other data as needed. Analysis of Census data will focus on demographic, income, employment, and housing data, gathered from the 2010, 2020, Census, 2017 - 2022 American Community Survey (ACS) 5-Year estimates, and Chamber of Commerce. This analysis will result in two sections of the Consolidated Plan: Housing Market Analysis and the Housing, Homeless and Non-Housing Community Development Needs Assessments. The Housing Market Analysis includes a series of thematic maps illustrating demographic variables from the census, and charts and tables that emphasize various issues in the housing market. Consolidated Housing & Community Development 5 Year Strategy — Component 2 The Consolidated Housing and Community Development Five-Year Strategy will incorporate input from the survey and forums to provide a prioritized list of needs, from which goals, objectives, and strategies will be identified. The 5 Year Strategic Plan provides individual sections for each of the 10 areas specified in HUD regulations, including affordable housing, homelessness, other special needs, non-housing community development, barriers to affordable housing, lead-based paint hazards, anti-poverty, institutional structure, coordination, and public housing resident initiatives. Strategies will be developed, with input from the surveys and forums. Proposed benchmarks will also be reviewed with City staff to assure that reasonable performance measures are proposed. This section includes priority needs tables and program costs. 12 Program Year 2024 Annual Action Plan — Component 2 We will provide a one-year Annual Plan for the 2024 program year that is a subset of and is linked to the Consolidated Plan - five-year strategic plan to facilitate development of the Consolidated Annual Performance and Evaluation Report. This section will contain all application forms and certifications required by HUD. JQUAD will provide, as part of the 2024 Annual Action Plan and the Five (5) Year Strategic Plan in the 2024 — 2029 Consolidated Plan, recommendations identifying housing, homeless and special needs priorities, non-housing community development needs, lead based paint elimination strategies, institutional structures, public and assisted housing priorities, strategies for removing barriers to affordable housing, anti-poverty strategies, obstacles to meeting underserved needs and proposed priorities and accomplishments over the planned period. Performance Management The Fiscal Year 2024—2029 Consolidated Plan and Annual Plan will measure performance of federal requirement for Formula Grant Programs as part of an Outcome Performance Measurement System. HUD collect information on the outcomes of activities funded with CPD formula grant assistance, and aggregates that information at the national, state, county and local level. The Performance Measurement System has three objectives: (1) Creating Suitable Living Environments, (2) Providing Decent Affordable Housing, and (3) Creating Economic Opportunities. There are three outcomes under each objective: (1) Availability/Accessibility, (2) Affordability, and (3) Sustainability. Each objective has three possible outcomes, nine possible "outcome/objective statement in HUD's Integrated Disbursement and Information System (IDIS). The City will determine under which of the three objectives to report the outcomes of their projects and activities and which of the three outcome categories that best reflects what they are seeking to achieve (the results) in funding a particular activity. 13 Outcome #1 Outcome #2 Outcome #3 Availability/Accessibility Affordability Sustainability Objective#1 Enhance Suitable Living Enhance Suitable Living Enhance Suitable Suitable Environment Through Environment Through Living Environment Living Environment Improved /New Improved/New Through Accessibility Affordability Improved/New Sustainability Objective Create Decent Housing with Create Decent Housing Create Decent #2 Improved/New Availability with Improved/New Housing Decent \ Housing Affordability with Improved/New ,..,Housing Sustainability Provide Economic Provide Economic Provide Economic (--C--)bjecti-v- #3 Opportunity Opportunity Through Opportunity Economic Through Improved/New Improved/New Through Opportunity Accessibility Affordability Improved/New Sustainability 14 Component 3 — Community Engagement Community Outreach and Engagement A central part of our planning efforts consists of the ability to reach and engage affected parties. 41101 To that end, we provide a unique and comprehensive process designed to effectively �l and efficiently capture feedback from a variety of stakeholder groups. This process will allow to us f g to quickly ascertain the deficiencies in the housing ,t industry and provide recommendations based on existing conditions in the jurisdiction. Our Process A successful outreach program has many steps and the process must be flexible to allow for unforeseen adjustments to get the best possible result. I. Identification of stakeholders. The first step in the process is to identify the target audiences in the project. This requires input and discussion among stakeholders. We identify potential groups to participate in the survey and assessment process. These include, but may not limited to: a. Board(s) of Realtors b. Banking Associations (FHLB, Federal Reserve, Fannie Mae, etc.) c. Landlords (Apartment Owners, Managers, Landlord Associations) d. Homeowners Associations, Civic Groups, Religious Organizations, Churches e. Advocacy Groups (LULAC, NAACP, Urban League, Catholic Charities, CASA, Public Housing Tenant Associations, Senior Groups f. Fair Housing Agencies g. Social Service Agencies h. Business Organizations, Chambers of Commerce 15 i. Government (Enforcement Agencies, Code Enforcement, Building Inspections, Police, Fire, Entitlement Grant Administrators, Elected/Appointed Officials, Public Transit Agencies) j. Public (Tenants, Other Interested Parties) II. Development of Public Relations Campaign. We encourage each jurisdiction consider a branding campaign be utilized to disseminate messages about the importance of the planning process, desired outcomes and the need for feedback. This campaign could include: a. Development of a brand based on input from the sponsor organization and our target audiences. This brand will be used in marketing tools to create a common theme. b. Social media forums using Facebook, Twitter and other applications. c. Public service announcements for radio and public access channels. d. Online webinars and videos posted on the City's website (such as HUD educational webinars). e. Participation in local festivals. We will develop an interactive booth set-up that may include such options as live skits or prize drawings for survey participants. The public relations campaigns help get the word out to the public about the consolidated planning process, and 44111111 encouraging broad sectors to participate. fur '"1. "'mow► Ill. Strategic Planning Sessions. To capture ' information from stakeholders, we utilize a '- unique planning `.10 1 _q process. For each of the targetAt audiences, there are different strategies and tactics that can be utilized to improve environments. Each of these strategies has a I t 4. series of Key Success Factors, which are conditions or abilities a community must possess for a strategy to be successfully realized. It is these conditions that will be analyzed to identify the market weaknesses and the unique vision for the community based on community 16 WHY "CLICKERS" WORK L.LECTRONIC CLICKERS In a group discussion, extroverts always dominate introverts. Pushy people usually drown out thoughtful ones. LOUD VOICES Yet everyone who desires to participate in the strategic strategic planning process wants their � • FREQUENTLY r voice to be heard. ,•; p i SMOTHER + 11 * THOUGHTFUL We utilize electronic response cards (or { ONES. "clickers")to give everyone equal input into the process. The result is instantly projected on the screen in order that everyone has immediate and valuable content on which to base decisions. In checking references on an application for a vacant apartment, an owner learns that the applicant has a history of mental illness. Although the applicant is not a danger to anyone, the owner does not want to rent to such a person. a 'Regardless of what the law says.do you think the apartment building owner should be able to vir reject th,s apaiicat;rsn because of the applicant's mental illness. a Yes b No c it depends utr d Dort t know/Not Sure w Unable to ern, aw pr consensus. For each of the target audiences identified, a 1 - to 2-hour work session will be held to gather input. Questions are posed to each group and their answers will be collected anonymously using wireless response card technology (we call them "clickers"). IV. Survey Deployment In addition to the work sessions held with targeted audiences, we also utilize surveys. The survey will also be available to gather input on priority needs for the City's 5 years Plan. The survey tool will be modified as a tool to determine impediments to fair housing choice from a community and 17 stakeholder perspective. These surveys will be available online as well as utilized in public outreach programs and festivals to gather additional information from the local community including the public, homeowners and tenants, businesses and service agencies. V. Assessment Development. Once all work sessions and surveys are completed, the Public r / Banking team will develop Prioritized Strategy Report—a ranking of needs that demonstrate Gov't. [ Landlords community goals and how addressing those needs respond to their vision for Overall creating more sustainable Assessment Business Homeovner AsooatUons communities, improving neighborhoods and where community resources and i r socials Civic reinvestment s lacking. The Services Groups community defined priority Fair needs, and overall Housing Advocacy Agencies Groups revitalization assessment will provide the basis for recommendations to policy makers in adopting a consolidated plan. The assessment findings will yield scores based upon potential strategies available for the community. These include priority needs such as: a. Educational Programs b. Policy Changes c. Enforcement Activities d. Additional Outreach Efforts e. Rehabilitation f. Infrastructure Development g. Financial Programs/ Entitlement Funding h. Government Incentives 18 ASSESSMENT OF FAIR HOUSING 2024— 2029 Overview-JQUAD provides a comprehensive analysis of impacts and occurrences relative to fair housing resulting from market factors, demographic characteristics, or the policies and regulations of the jurisdiction in the preparation of the AFFH. The typical community profiles section of the document provides a demographic analysis of the subject jurisdiction within the context of its larger metropolitan statistical area. This analysis also provides a basis for identification of any Map 2.1: Fair Housing Index Fort Worth/Arlington MSA disparate impacts on members of the protected classes under � 1_r the Federal Fair Housing Act. ■ . `rtdf 114101,-, 116111 Fair Housing Index combines ` = community lending data from ! ; 0 the HMDA Analysis and .m demographic data compiled in Rm. di the Community Profiles through 6 0 6 12 18 M es a statistical standardization process. The resulting values are mapped to provide a graphic representation of need. The Fair Housing Index Map 2.1 has been included to the right from our work in Arlington, Texas. In the Fair Housing Index, a comparative analysis is performed by race and ethnicity of ten demographic factors to determine any disparities in their effects on persons of a particular race, ethnicity, or members of the protected classes based on the community profile. The Index combines effects of the demographic variables from the Community Profile with Home Mortgage Disclosure Act data and maps the results by census tract. Data for the ten demographic variables and HMDA are standardized and added to classify the conditions in various census tracts into degree of problems that may cause impediments to fair housing choice and the tabulation presented in the Fair Housing Index table. A GIS map provides a general indication of geographic regions in the jurisdiction, where residents may experience high, moderate, or low levels of housing discrimination or have problems finding affordable, appropriate housing. 19 The Community Profile and Fair Housing Index provide documentation that our methodology has included an examination of race and ethnicity in determining the impediments to housing. This is an essential element of the Fair Housing Impediment Analysis methodology. In 2009, the courts created legal precedence in a lawsuit brought by the Anti- Discrimination Center (ADC) against Westchester County, NY. Westchester County conducted its own Analysis of Impediment to Fair Housing and did not examine race and its effects on housing choice. Only income was studied from a demographic perspective. ADC filed a lawsuit against Westchester stating that the entitlement was not taking appropriate steps to identify and overcome impediments to fair housing. The Court in its decision stated that grant recipients must consider impediments erected by race discrimination, and if such impediments exist, it must take appropriate action to overcome the effects of the impediments. All entitlements receiving federal funds must certify that they will "affirmatively further fair housing. Fair Housing studies also contains an analysis of local and state fair housing ordinances for comparability to the federal Fair Housing Act, recent court cases affecting fair housing, an analysis of local entitlement funded program production, and fair housing complaints filed in the jurisdiction. Focus group sessions are held in each jurisdiction or in each sub-market for regional Al's, to obtain citizen input into issues of local concern. From these collective inputs, impediments are identified and analyzed, and remedial strategies are presented. APPROACH AND METHODOLOGY History of Fair Housing and Affordable Housing in City of Port Arthur - Includes a longitudinal trend analysis of housing patterns and practices and general perceptions of the barriers to fair and affordable housing over a twenty-year period from 2002 -2022. Emphasis will be placed on cost variability in the housing supply and the local demand for housing by household income, race, and head of household characteristics within the general population. The methodology for the study will include analysis of various existing data sources concerning housing cost and opportunity. These data sources include: (1) census data on housing by household income, race, and head of household for the two decades, (2) Chamber of Commerce, Real Estate Association, and mortgage lender data on the 20 distribution of housing costs, (3) HUD data on government housing programs available to increase the opportunity for home ownership and low-cost rental housing, and (4) HUD and local housing authority data on housing subsidy certifications (5) foreclosure data. A composite profile of housing cost, demand, and availability will be developed from the various data sources. Supply and demand ratios will be computed to determine historical trends in the availability of affordable housing in the City of Port Arthur during the two decades between 2002 - 2022. In addition to examination of affordable housing trends, historical trends in fair housing will be assessed. Analysis of Impediments in the City of Port Arthur will include documentation of fair housing complaints, litigations, and local government and housing advocates' responses to fair housing issues. Sources of data will include examination of the content of housing complaints filed based on the Federal Fair Housing Act, court cases filed and/or litigated, and interviews with leaders of housing advocacy organizations in the City of Port Arthur from 2002 - 2022. Resulting Product-A formal report of the results of the historical overview will be presented. A graphic data presentation format will be used to illustrate statistical data on historical fair and affordable housing trends along with a descriptive narrative summary. The statistical data will be supplemented with a detailed descriptive narrative of the community participation results. FAIR HOUSING LAW, COURT LITIGATION, PUBLIC POLICY, PROGRAM AND REGULATORY REVIEW - This includes an assessment of the local, state and federal fair housing laws; local laws, policies, legislation and development regulations affecting affordable housing development and retention; landmark case law and discrimination complaints filed with the various governmental entities both locally and nationally; and programs operated in each jurisdiction with entitlement funding. Resulting Product-A formal narrative will be included depicting the status and trend of fair housing enforcement based on the nature and sources of housing discrimination, complaints filed, court decisions, administrative actions and the implementation of various local laws, and entitlement funded programs. The narrative will address ordinances that affect sub- 21 grantee and the local jurisdiction's ability to provide affordable housing and equal access for persons with similar incomes. COMMUNITY PROFILE ANALYSIS - The Community Profile will provide a snapshot of the City of Port Arthur as a basis for understanding and establishing the factors that affect housing choices. This review will establish profiles on demographics, transportation, housing, income, and employment. The resulting profiles will be presented in tabular format with computer-based maps presented where appropriate. The following is a summary of the characteristics of the profiles and the data sources. Demographic Profile - The Demographic Profile will examine the racial, ethnic, age, and social composition of the City of Port Arthur. Data will be compiled and comparatively analyzed using the 2010 and 2020 U.S. Bureau of Census Reports, 2017 — 2022 Annual Community Survey (ACS) and supplemented with local government data. Transportation Profile - The Transportation Profile will examine the availability and linkage of transportation and mobility and its impact on employment and housing choices made by protected class members, income groups and racial and ethnic groups. Housing Profile - The Housing Profile will examine housing unit availability, housing conditions, demand for housing and cost as a basis for constructing a current profile of housing resources. Income Profile - The Income Profile will examine personal and household income and poverty. Data will be compiled from the 2012 — 2022 U.S. Bureau of Census Reports, 2017 — 2022 ACS and supplemented with local and U.S. Bureau of Economic Analysis data on personal income. Employment Profile - The Employment Profile will examine employment and unemployment rates, educational attainment, geographical distribution of wage rates and job distribution by skill classifications to generate an employment profile for the city. Support Services Available to Promote Fair Housing Choices - Several the variables affecting fair housing choice are not necessarily vested in the community profile factor within a community. There are, in fact, contributing variables that must act in support of the community profile factor to insure fair housing choice and the existence of fair housing opportunities. Resulting Product - A formal Community Profile Review Report of the results of the research will be presented. The report will include a descriptive narrative summary of the profiles and associated charts, graphs, and maps. REVIEW OF CURRENT HOUSING POLICIES, PROGRAMS AND INITIATIVES - This section will analyze PHA, City and sub-grantee jurisdictions' current policies, programs, and initiatives between 2012 and 2022 that address fair housing choice, affordable housing, and neighborhood revitalization. Resulting Product - A formal report of the results of the research will be presented. REVIEW OF THE HOME MORTGAGE DISCLOSURE ACT DATA - This section analyzes lending information from 2016 through 2021 provided under the Home Mortgage Disclosure Act and gathered from data provided by the Federal Financial Institutions Examination Council. The analysis will include the jurisdiction and MSA data for home mortgage, refinancing and home repair loans. Results will be mapped to show geographical location and concentrations of loan applications, originations and denials. We will also perform an analysis to determine any evidence or characteristics of redlining and other impacts disparately impacting minorities, protected class members and specific geographies that are home to concentrations of low-income persons and racial and ethnic minorities. Resulting Product - A formal report of the results of the research will be presented. FAIR HOUSING INDEX, EQUITY ASSESSMENT, R-ECAP ASSESSMENT This section performs a comparative analysis by race and ethnicity of ten demographic factors to determine any disparities in their effects on persons of a particular race, ethnicity, 73 or members of the protected classes under fair housing law. The analysis is then used to perform an equity assessment and disparate impact analysis of populations performing below the MSA or citywide median. We identify census tracts where the sum impact of demographic variables is adversely affecting residents' fair housing choices and contributing to housing discrimination, housing quality, and affordability. A HUD R/ECAP Assessment to determined geographical concentrations of poverty, race and ethnicity is also performed. IDENTIFICATION OF FAIR HOUSING IMPEDIMENTS This component will identify barriers to fair housing choice based on the information collected and presented in the previous reports. Contributing factors, such as market conditions, demographics, transportation, employment, housing financing, zoning, housing laws and policies and fair housing discrimination will be discussed in detail. Resulting Product - A formal report that presents a detailed enumeration and Analysis of the Impediments to Fair Housing Choice will be presented. RECOMMENDATIONS TO OVERCOME IMPEDIMENTS The Impediments and Remedial Action Section provides recommendations intended to lessen the impact of impediment or remediate impediments. Best practices that have worked in other communities will be presented. We will provide a recommended corrective action plan including action step and appropriate timelines that can guide your post analysis and implementation efforts. Resulting Product—Section Six of the report will provide the detailed explanations for each impediment and recommendation for remedial action and best practice examples. A model for a five-year work program and timetable for addressing the identified impediments and creating an implementation strategy for each remedial actions and recommendations will be developed as guidance for each City to developed and executed during the implementation period of the Consolidated Plan and serving as a basis for annual reporting of the entitlement jurisdiction's progress in the annual CAPER. Market Demand Analysis and Site and Neighborhood Standards The Market Demand Analysis promotes new construction infill housing development on vacant lots for homeownership; rehabilitation and reconstruction of existing owner-occupied housing; and development of affordable rental and lease purchase housing; by both the private sector and Community Housing Development Organizations (CHDO), and in support of persons at 80% and below the median income. The primary areas being considered are the low — moderate income census tracts in the city, census tracts where 51 percent or more of the residents earn incomes at 80 percent or below the median income for the city. By HUD regulations, Entitlement Jurisdictions may invest entitlement funding in these low — moderate income census tracts eligible for "area investment" benefiting the area. However, these improvements are accessible to anyone, regardless of their income, for improvements paid for with Community Development Block Grant (CDBG) and Home Investment Partnership Entitlement Grant funding. Area benefits may include infrastructure improvements such as sidewalks, street reconstruction, water and sewer, park and recreation and other improvements that support the development of housing and community development, encourage reinvestment, and improve the quality of life for residents. HUD requires participating jurisdictions that administer HOME programs to establish Site and Neighborhood Standards with respect to new construction of rental housing by meeting the requirements stated in 24 CFR 983.6(b), which are stated below: New construction site and neighborhood standards: The proposed sites for new construction units must be approved by the HUD field office as meeting the following site and neighborhood standards: (1) The site must be adequate in size, exposure, and contour to accommodate the number and type of units proposed, and adequate utilities (water, sewer, gas, and electricity) and streets must be available to service the site. (2) The site and neighborhood must be suitable from the standpoint of facilitating and furthering full compliance with the applicable provisions of title VI of the Civil Rights Act of 1964, the Fair Housing Act, Executive Order 11063, and implementing HUD regulations. (3) (i) The site must not be located in an area of minority concentration, except as permitted under paragraph (ii) of this section, and must not be located in a racially mixed area if the project will cause a significant increase in the proportion of minority to non-minority residents in the area. 25 TAB 4: PLANNING - CONSOLIDATED PLAN EXPERIENCE JQUAD PLANNING GROUP is a leader in providing consolidated plan, fair housing and grants management for entitlement communities. Plan incorporate housing market analysis, future growth modeling, and housing gap analysis, coupled with sustainability planning to comprehensively address housing, community development and revitalization needs. Our core competencies include: Urban Planning and Sustainability — city comprehensive / master plans, community needs assessments, market studies, neighborhood sustainability and revitalization master plans, land planning and urban design. Community engagement through SWOT analysis and strategic planning are critical components of each planning effort with a priority on involving a broad sector of the community and local stakeholders in developing a vision of their community and creating long term commitments to implementation, investment, and resiliency. We incorporate the use of state-of-the-art technology for gathering input and maximizing the involvement of stakeholders participating in the plan. Housing Market Analysis, Needs Assessments, Gap Analysis, and Future Housing Projections — The Housing Needs Assessment (HNA) evaluates market demand for various housing types and price points and provides projections for future housing utilizing U.S. Bureau of the Census data, American Community Survey, Comprehensive Housing Affordability Strategy (CHAS) as well as Envision Tomorrow software. The market analysis compared existing rental and owner housing supply with the demands of householders in a projected year, and population projections to define correlations with economic growth. The Balanced Housing Model, a housing projections tool, is used to analyze existing housing supply, and to provide projections for future hosing needed including the matches and mismatches by age, household income and tenure (rental or owner-occupied). The model is also used to conduct a capacity analysis of development potential and to forecast age and income cohorts. Using this information, the model projections are then used as a basis to create a series of policy and strategic recommendations for a balanced, sustainable future housing supply along with targeted goals that can be used to determine future progress in ?6 addressing future housing needs. Current and future housing needs also depends on the underlying economic conditions. The HNA examines population, occupations, wages, and employment data provided by Texas Labor Market and U.S Bureau of Labor Statistics. Housing Needs Assessment and Revitalization Plans - JQUAD offers a unique planning approach that integrates land use planning, economic analysis — housing and economic development finance with community engagement to achieve actionable implementation that defines future growth, revitalizes communities, and creates long term sustainability. Visit website link http://cullmanchamber.orq to review JQUAD's Housing Demographic and Needs Assessment for Cullman County, Alabama 2018 — 2019 and 2022 — 2023 Update; https://arlington tx.qov; JQUAD's Housing Needs Assessment—Market Analysis for Arlington, Texas 2020; Cleveland, Ohio Buckeye Transformation and Vision Plan http://buckeveshaker.orq/; Port Arthur, Texas Disaster Recovery and Resiliency Plan http://portarthurtx.gov/DocumentCenter/view/6610/disaster-recovery-plan; Downtown Revitalization and Housing Plan http://portarthurtx.gov/488/downtown-target-area-housinq- plan; and ReNew East Arkansas, a Twelve County Regional Housing and Economic Development Plan https://hudexchange.info. Regional Al and HUD Sustainable Communities Planning Grant Initiatives - JQUAD has completed Regional Analysis of Impediments and Fair Housing Equity Assessments, and Housing Needs Assessment for East Arkansas PDD, a twelve-County area in Northeast Arkansas in 2015 and the Rockford Metropolitan Agency for Planning which includes Boone and Winnebago Counties and the City of Rockford, Illinois in 2013 as part of the HUD Sustainable Communities Planning Grant Initiative. Housing, Poverty and Racial De-Concentration Plans — JQUAD has developed De- Concentration Plans for the City of Rockford — Rockford Housing Authority, Illinois and the City of Huntsville, Alabama. The U. S. Department of HUD has defined "Area Concentration of Poverty and Racial or Ethnic Segregation (R/ECAP) — as areas or census tracts within a jurisdiction comprised of 50% or greater minority population and 3 times or more the poverty level of the MSA and having concentrations of public and assisted housing and deteriorated 27 neighborhood conditions. JQUAD also provided consultation HUD for law suites Young v. rTh HUD, seventy cities and housing authorities in east Texas; and Walker v. HUD and Dallas. Market Analysis, Site and Neighborhood Standards, Needs Assessments - JQUAD's Housing Policies, Market Analysis, Site and Neighborhood Standards, and Needs Assessments experience includes engagements with Arlington, San Antonio, Corpus Christi, Dallas, Orange, Port Arthur, Tyler, and Waco, Texas; Alexandria, Baton Rouge, and Shreveport, Louisiana; Chattooga, Tennessee; Prince Williams County, Manassas and Manassas Park, VA; Ann Arbor and Battle Creek, Michigan; and Minneapolis, Minnesota. Our most recent Analyses have been performed in support of the City of Port Arthur Downtown Housing Initiative; City of Orange, Texas Housing Authority Senior Housing new construction development; Cullman County, Alabama projection of future housing needs; and Arlington Texas Revitalization and Housing Demand Analysis. HOME ARP Plans JQUAD's experience includes HOME ARP consultation to the Cities of Port Arthur, Grand Prairie, and Brazoria County, Texas; Shreveport, Louisiana; Fort Smith and North Little Rock, Arkansas to develop their HOME-ARP Allocation Plans, and consultation with funding, project evaluation and structuring, and community engagement required by HUD to receive their July 2021 allocations of HOME ARP funding. JQUAD is responsible for developing each jurisdiction's HOME ARP Allocation Plan, Substantial Amendments to 2021 Annual Plans in IDIS and HUD submission. JQUAD is also responsible for Community Engagement — Consultation, pre-bid consultation for potential allocation plan projects, RFP submissions and technical assistance. HOME ARP allocations for the above are: City of Shreveport, $3,000,000 HOME ARP - $2,000,000 HOME Entitlement; City of Port Arthur$1,000,453; City of Grand Prairie $1,908,000; Brazoria County $1,874,000; City of Fort Smith $1,502,000; and City of North Little Rock $1,201,000. HUD has approved HOME ARP Allocations Plans and Substantial Amendments for Fort Smith and Port Arthur and submitted for North Little Rock, Grand Prairie, and Shreveport and pending HUD review and approval. 28 JQUAD TEAM ORGANIZATION AND KEY STAFF RESOURCES JQUAD Project Team Members, Project Responsibilities and Roles JQUAD's Project Delivery will be supported by a primary team consisting of a Delivery Manager and time allocations of four senior analysts with specialized expertise in urban planning, housing, economic development, homelessness and supportive services, with support from J Williams Group and Simon Engineering. JQUAD's James Gilleylen will serve as Project - Quality Control Manager - Lead Analyst. Robin Williams, J Williams Group President will lead the community engagement efforts with support from Emily McMillian. Robert Joiner will serve as demographer, balance housing model researcher, and lead analyst for the Al and CP. Jenea Lofton will conduct our homeless and supportive housing service analysis. Nikki Simons, Simons Engineering will lead infrastructure, transportation and engineering analysis. Otis Spriggs and Floyd Baptiste will support our economic development, workforce, and economic impact analysis, planning and urban design. James Gilleylen will share responsibility for gap analysis, disparate impact, plan development and adherence to federal regulations with Otis Spriggs. Resumes are presented for Lead Staff resources. Chelsea Gilleylen and Jennifer Watkins will support Community Engagement utilizing social media and technology to enhance community involvement. JQUAD PLANNING GROUP PROJECT TEAM J WILLIAMS GROUP JQUAD PLANNING GROUP,LLC SIMON ENGINEERING Robin Williams,President James Gilleylen,President Nikki Simons,President,and CEO Community Engagement I Planning Project Delivery Team Director Transportation,Engineering,Infrastructure JQUAD PLANNING JQUAD PLANNING GROUP JQUAD PLANNING GROUP Otis Spriggs / Architecture Robert Joiner III/Principal Jamie Wright/Principal Urban Planning / Entitlement Housing Finance Economic Development Grant Administration and Demographer/GIS Specialist And Grants Director Planning Director JQUAD PLANNING GROUP JQUAD PLANNING GROUP JQUAD PLANNING GROUP Emily McMillian,Analyst Carolyn Joiner Technical Writer Marketing and Communication Jenea Lofton,Supportive Services, /Quality Control Senior Analyst Homeless and Workforce Services JQUAD PLANNING GROUP JQUAD PLANNING GROUP Jennifer Watkins,Community Engagement-Social Media Chelsea Gilleylen,Graphic Design-Social Media 29 "Ai James Gilleylen Chief Executive Officer JQUAD PLANNING GROUP, LLC silleylenj@jquad.com EDUCATION Master of Science in Urban and Citywide Planning—University of Mississippi(Ole Miss) Bachelor of Science in Public Administration and Political Science-(Ole Miss),Oxford,MS PROFESSIONAL JQUAD PLANNING GROUP,LLC—Dallas,Texas—2006-Present EXPERIENCE Chief Executive Officer—Founding Partner JQUAD&ASSOCIATES,LLC—Dallas,Texas—1994-2006 Chief Executive Officer—Founding Partner City of Dallas—Dallas,Texas—1990-1994 Director Department of Housing and Development District of Columbia Government—Washington D.C.—1988-1990 Director of Office of City Planning and Development City of Dallas—Dallas,Texas—1984-1988 Deputy Director Department of Planning and Development Lafayette County Housing Authority—Oxford,Mississippi—1982—1984 Executive Director BIOGRAPHY James Gilleylen a professional planner and executive manager for 30 years Director of Department of Housing and Development Services, Deputy Director of Planning and Development for the City of Dallas, and Deputy Director of the Office of Planningforthe Cityof Washington,DC. Mr. Gilleylen currently serves as Chief Executive Officer and Principal Planner for JQUAD. Leading revitalization planning, housing and economic development efforts for city, county-regional and state agencies and policy initiatives at a national level including consulting engagements with the U.S. Department of HUD for development of HUD's Capital Fund Formula and Public Housing Funding Allocation Model; HUD consultation for compliance with the U.S.Fifth Circuit Court ordered Consent Decree program management of the"Walker v HUD"and"Youngv HUD"Housing Discrimination LawSuits; RELEVANT 1QUAD PLANNING GROUP,LLC PROJECT A. Port Arthur,Texas Disaster Recovery Plan and Downtown Housing-Revitalization Plan EXPERIENCE B. Texas General Land Office Hurricane Harvey Affordable Housing Rental Program Underwriters C. Housing Needs Assessments and Revitalization Plans for over fifty-six jurisdictions D. Consolidated Plans and Analysis of Impediments for eighty-two jurisdictions in 19 states. E. HUD Regional Sustainability Planning Grants in Rockford,Illinois and 2.6 million HUD Grant. F. HOME ARP Allocation Plans for North Little Rock and Fort Smith,Arkansas, Port Arthur, Brazoria,Texas,and Shreveport,Louisiana. G. East Arkansas PDD. 12-county,20-year regional plan including 21 local strategic plans and Successful Application for$2.6 Million Regional Sustainable Communities HUD Grant. City of Dallas Planning&Development Department and Housing and Development Services H. Created and managed$5.6 million Multibank CDC for housing development finance I. Oversight of Southern Dallas Development Corporation 340 community and economic development projects with an average total investment of$25 million per year J. Created Downtown Housing Fund financing one hundred million in Section 108 for housing District of Columbia Planning Department Oversight$25 million Pennsylvania Ave.Development Corporation Downtown Revitalization 30 I ., Robert Joiner III Project Manager and Senior Analyst JQUAD PLANNING GROUP, LLC ` joinerr@jquad.com r-, EDUCATION Bachelor of Arts in Business Administration and Marketing r , American Intercontinental University,Atlanta,Georgia PROFESSIONAL JQUAD PLANNING GROUP,LLC—Dallas,Texas—2016-Present EXPERIENCE Senior Analyst and Project Manager Real Estate Mortgage Underwriter Well Fargo Bank—Irving,Texas—2012-2016 Senior Loan Counselor Real Estate Mortgage Underwriting Green Tree—Dallas,Texas—2000-2012 Real Estate Mortgage Underwriting Nation Star—Atlanta,GA Real Estate Mortgage Underwriting BIOGRAPHY Mr.Joiner serves as Project Manager and Senior Analyst for JQUAD. He has over twelve years of community development, housing finance, and mortgage underwriting experience. He has served as loan counselor, underwriter and modification specialist for diverse mortgage organizations including Wells Fargo, Green tree, and Nation Star prior to joining JQUAD. He served as JQUAD's Lead Underwriter for Texas General Land Office Multifamily Disaster Recovery Loans. JQUAD and Cohn Reznick served as 2018 — 2020 Hurricane Harvey Disaster Recovery underwriters for federal funding to multifamily applicants seeking funding from the Texas General Land Office—HUD CDBG R Disaster Recovery Program. RELEVANT JQUAD PLANNING GROUP,LLC PROJECT K. Port Arthur,Texas Disaster Recovery Plan and Downtown Housing- Revitalization Plan EXPERIENCE L. City of Desoto,Texas CDBG Entitlement Grant Administrator, including Coronavirus Relief Fund Planning and Administration, Design of American Recuse Plan Strategy M. Charleston S.C.Consolidated Plan and Analysis of Impediments N. Texas General Land Office Hurricane Harvey Affordable Housing Rental Program Underwriters f new construction and substantial rehabilitation 0. Housing Needs Assessments and Revitalization Plans for Arlington,TX P. Consolidated Plans and Analysis of Impediments for twelve jurisdictions in 19 states. Q. Administered Desoto,TX Mortgage Assistance and Emergency Repair Programs R. Balanced Housing Model projections Cullman,Alabama and Arlington,Texas S. Southern University Campus Plan—Scotlandville Needs Assessment, Baton Rouge, T. HOME ARP Allocation Plans for North Little Rock and Fort Smith,Arkansas; Port Arthur, Texas and Shreveport, Louisiana. 31 Otis Spriggs Architecture and Urban Planning Senior Analyst JQUAD PLANNING GROUP, LLC spriggso@jquad.com EDUCATION Master of Community Planning—University of Cincinnati—DAAP,Cincinnati,Ohio Bachelor of Architecture—Southern University School of Architecture,Baton Rouge,LA PROFESSIONAL JQUAD PLANNING GROUP,LLC—Dallas,Texas—2021-Present EXPERIENCE Architecture and Urban Planning Senior Analyst and Project Manager Missouri City,Texas—Missouri City—2016-2021 Director of Development Services/Grants Manager City of Jonesboro,Arkansas—Jonesboro,Arkansas—2006-2016 Director Department of Planning Colerain Township,Ohio—Colerain,Ohio—1997-2006 Planning and Zoning Administrator KZF Design Inc.—Cincinnati,Ohio—1989—1996 Designer-Architect HDR Architects—Alexandria,Virginia—1988 Intern Designer-Architect BIOGRAPHY Otis Spriggs has worked as professional architect, planner and executive manager for 23 years including Director of the Department Services for Missouri,City,Texas, Director of Planning City of Jonesboro,Arkansas, Planning and Zoning Administrator for Colerain Township,Ohio and Desigr Architect for KZF Design Inc.in Cincinnati,Ohio. Mr. Spriggs currently serves as Project Manager, Principal Architect and Urban Planner for JQUAD. He has led municipal planning and zoning departments, revitalization planning,and housing and economic development efforts for city, county-regional and state agencies and implemented policy initiatives. RELEVANT JQUAD PLANNING GROUP,LLC PROJECT U. Port Arthur,Texas Disaster Recovery and Downtown Housing-Revitalization Plan EXPERIENCE V. HOME ARP Allocation Plans for Fort Smith,Arkansas and Brazoria County,Texas W. Comprehensive Plans, Housing Needs Assessments and Revitalization Plans for jurisdictiot including Cincinnati,Ohio Jonesboro,Arkansas and Missouri City,Texas. X. Consolidated Plans and Analysis of Impediments for State of Arkansas Y. Southern University Campus Plan—Scotlandville Revitalization Plan, Baton Rouge, LA City and Township Planning Department and Housing and Development Services Z. Operated the Planning&Zoning Department,including administering and enforcement of the Township Zoning Resolution. AA. Assisted in pursuing economic and community development opportunities for Jonesboro, Missouri City and Colerain Township. BB. Chief Advisor for elected and appointed Officials on zoning matters. CC.Board administrator for Zoning Commission, Board of Zoning Appeals, Land Use Advisory Board,Comprehensive Planning, and the Landscape Advisory Board. 32 JQUAD PAST PERFORMANCE REFERENCES State of Arkansas Consolidated Plan, Assessment of Fair Housing, HOME American Rescue Allocation Plan, Community Engagement and Implementation State of Arkansas, Arkansas Economic Development Commission Ms. Jean Noble, Director AEDC 1 Commerce Way, Ste. 601 Little Rock, Arkansas, 72202 Phone: (501) 682-7389 Email: inoble(a�ArkansasEDC.com City of Shreveport—Consolidated Plan, Annual Plan and Fair Housing Impediment Analysis, HOME American Rescue Allocation Plan, Community Engagement, and Implementation City of Shreveport, Louisiana Bonnie Moore, Community Development Department Director 401 Texas Street, Shreveport, LA 71101 Phone: (318) 673-5900 Email: Bonnie Moore <bonnie.moore@shreveportla.gov> City of Fort Smith, Arkansas - Consolidated Plan, Annual Plan and Analysis of Impediment, HOME American Rescue Allocation Plan, Community Engagement, and Implementation Mr. Candyce Gabucci, Director City of Fort Smith, Community Development Department 623 Garrison Avenue—Suite 331, Fort Smith, Arkansas 72901 (479) 784-2209 Email: mjennings@FortSmithar.com City of Port Arthur, Texas — Downtown Housing and Reinvestment Plan, Hurricane Harvey Resiliency Plan, HOME ARP Allocation Plan - Implementation City of Port Arthur, Ron Burton, City Manager 501 Proctor Street, #100, Port Arthur, TX 77640 Phone: (409) 983—8135 Email: Ron Burton ron.burton@portarthurtx.gov Cullman County, Alabama Area Housing Needs Assessment - Cullman Area Chamber Initiative Cullman County Area Chamber of Commerce Peggy Smith, Chamber President, and Director of Planning 301 2nd Avenue SW, Cullman, Alabama 35055 Phone: (256) 734-0454 Email: psmithcullmanchamber.orq 33 J WILLIAMS GROUP Public Engagement and Outreach Strategy Lead Robin Joseph-Williams, AICP, LEED BD+C JWG, President and Principal Robin Joseph-Williams is the founder and Principal of the J. Williams Group, LLC (JWG). She is an Urban Planner and Public Involvement Specialist with over 20 years of experience on a variety of public sector projects. Joseph- Williams has led successful Planning Studies, Alternatives Analyses (AAs), Categorical Exclusions (CEs), Environmental Assessments (EAs), and Environmental Impact Statements (EISs), and been a task lead on regional transportation analyses and plans, and corridor feasibility and rail studies. She's managed all public and agency involvement, and public relations efforts associated with these numerous project types in accordance with local, state and federal guidelines. In her capacity as an Urban Planner and Project Manager on urban, transportation, or environmental planning projects, Joseph-Williams has provided consistent and effective project administration, technical oversight, and quality control with positive results. Her areas of expertise include community impact analysis, land use analysis, Indirect and Cumulative Impact Analysis, group facilitation and general planning documentation. Robin's planning experience also includes an assortment of policy-related planning documents. Her background in urban planning and community development highlights her commitment to integrating sustainable considerations into the planning process. She has a keen interest in urban revitalization initiatives which include neighborhood development with pedestrian and bicycle-friendly environments. In addition to her planning certification through the American Institute of Certified Planners, she is LEED (Leadership in Energy and Environmental Design) certified for building design and construction (BD+C). Robin enjoys investigating the linkage between people and the built and natural environment by analyzing current social, economic, and environmental conditions that are distinct to every project. Her collaborative approach is both experienced and experimental, emphasizing the interface between the affected public, planners/designers/engineers, and agency administrators. She is committed to achieving results embodying high standards of analysis, integrity in the public participation process, strategies for implementation, and bettering environments where we live, work, and play. JWG clients in the Metroplex include DART, TxDOT, NTTA, NCTCOG, Dallas County Colleges, UNT and numerous municipalities in the state of Texas. 34 Robin has a Master of Urban and Regional Planning from the University of Michigan, Ann Arbor school of Architecture and Urban Planning. She has worked on numerous award-winning projects and is pre-certified by TxDOT in a variety of disciplines (Policy Planning, Systems Planning, Subarea/Corridor Planning, Land Planning/Engineering, Socio-Economic and Environmental Document Preparation, and more. She is also a certified trainer and meeting facilitator through Interaction Associates and has a broad array of experience assisting non-profits with strategic planning and implementation. General Engagement Support/Special Events Leigh Hornsby, Ph.D. Leigh is a strategic communications consultant having served as a public information officer, trainer, news director, anchor and reporter, as well as a project manager. She provides organized, effective communications planning and implementation for clients. Leigh creates stakeholder outreach plans, coordinates and manages outreach efforts and provides recommendations to clients regarding internal and external communications, training, public involvement and media relations. This includes specialized, virtual project website development in which stakeholders and project representatives are provided with a forum to exchange information and measure results. Leigh formerly served as the Public Information Officer for Collin County, Texas. She was appointed by the Commissioners Court and served as the first official spokesperson for the Commissioners Court, District Attorney, Health Care Services, Homeland Security, the County and District Court Systems and Emergency Management. In addition, she updated the county's branding and led a team to navigate from static to dynamic web presence. Furthermore, she created the county's first crisis communications plan. In addition to working for JWG on planning-related projects, Leigh currently is Managing Principal of her own marketing and strategic communications firm (PIA.) Leigh has a PhD in Public Affairs from University of Texas at Dallas, and a B.S. in Mass Communications from East Tennessee State University. Leigh is pre-certified for 1.8.1 Public Involvement through the Texas Department of Transportation. 35 Hispanic Community Engagement Minerva Rodriguez Minerva Rodriguez is an Associate with JWG as well as owner of her own Dallas-based firm, MRR &Associates LLC. Minerva uses a combination of a dynamic approach to delivery of services and a deep knowledge of client V needs and goals. As founder and CEO of MRR & Associates LLC, Ms. Rodriguez has established herself as a business and philanthropic leader in endeavors that benefit the thriving North Texas community in areas as diverse as education, business advocacy, political access and social reform. The expertise in dual-language community outreach, grassroots organization and media relations that Ms. Rodriguez brings to her project has made her a leader in public relations, governmental affairs, and community engagement. Her clients include Dallas County, Southwest Transplant Alliance, The Greater Dallas Hispanic Chamber of Commerce, Oak Cliff Chamber of Commerce, Dallas-Fort Worth International Airport, The Regional Hispanic Contractors Association, Dallas Area Rapid Transit, Ford Motor Company, the U.S. Conference of Mayors, and AARP. Among the successful campaigns in which she has played a key role are Dallas County Counts, 2020 Census Campaign, Proposition 8, Dallas Independent School District 2016 Bond Campaign, Mayor Mike Rawlings' mayoral and reelection and City of Dallas 2017 Bond Campaign. Whether she is zealously advocating for the needs of underserved business sectors at the local and national levels or conducting successful public relations campaigns for major international corporations, Ms. Rodriguez brings to bear years of experience in business affairs in Dallas, in Texas, and on the national and international arenas. As director of Business Relations for Clark West Keller LLP, she dealt with various legislative issues at the local, state and national level. In addition to serving as chairperson for the Greater Dallas Hispanic Chamber of Commerce, she has served as a member and officer of such boards of directors as the YMCA of Metropolitan Dallas, YMCA Foundation, Dallas Museum of Art, Oak Cliff Chamber of Commerce, Dallas Assembly, United Way, Dallas Together Forum, Chancellor's Advisory Board for the Dallas County Community College District, KERA (National Public Radio affiliate), Hispanic 100, DISD Superintendent Advisory Group, Dallas Concilio and the North Texas and Dallas Community Relations commissions. She is a past member of the board of the U.S. Congressional Hispanic Caucus Institute. 36 SIMON ENGINEERING AND CONSULTING, INC. Simon Engineering & Consulting Inc. (Simon) is a Dallas-based D/M/WBE professional design services company specializing in transportation planning, design, construction management, site development and public involvement services. Simon has a proven record of success in completing the design of parking lots, roadway, drainage, water and wastewater improvement projects throughout the Dallas/Fort Worth region. Simon recently completed the design of a parking lot reconstruction for the University of North Texas, Denton. Established by Voranique "Nikki" Simon, PE, in December 2008, the firm opened for business January 1, 2010, and has been operating for over twelve (12) years. Simon's professional staff is composed of two (2) Professional Engineers and four (4) Graduate Engineers. The services provided by the firm include advanced planning and schematic design; site development; final roadway design; grading, drainage and flood control, including water collection and storm water detention facilities; water/wastewater design; structural analysis and design; project management including inter-agency coordination, technical specification development, cost estimating; and construction management including quality assurance/quality control, constructability plan reviews and schedule/cost control. Simon provides services to public and private clients including DFW International Airport (DFWIA), City of Dallas, City of Frisco, City of Lancaster, City of Terrell, Dallas Water Utilities, Texas Department of Transportation (TxDOT), North Texas Tollway Authority (NTTA), Dallas Area Rapid Transit (DART), Trinity Metro, Dallas Independent School District (DISD), University of North Texas System (UNT), and numerous private developers within the Dallas Metroplex. Project Manager: Nikki Simon will lead the project team. With over 28 years of Nikki Simon, PE, Env experience, Nikki has served as PM for a wide variety of SP(Simon) transportation projects including City of Dallas residential street reconstruction projects from the 2017 bond program. Registrations: Nikki serves as a flexible, responsive and knowledgeable PM. Professional Engineer-Texas Professional Relevant Project Experience: (Project Manager) 1. Residential Street Recons., 2017 Bond—City of Dallas, Education: TX B.S. Civil Engineering, 1993 Texas A&M University, 2. Residential Street Recons., 2013/2014 — Dallas, TX College Station 37 e. DESIGN/QA/QC MANAGER Yohannes is a civil engineer with over 15 years of experience in civil roadway design, transportation, project/construction Yohannes Okubay, 4 management, structural and geotechnical engineering. MEng, PE(Simon) Yohannes is currently serving as Deputy PM and Quality REGISTRATIONS: Manager for our City of Dallas residential street Professional Engineer- Texas reconstruction projects as well as for DART's Silver line #133182 where we are designing at-grade crossings. EDUCATION Project Experience: (Design/QA/QC Manager) B.S., Civil Engineering, University of A. Residential Street Reconstruction, 2017 Bond -Dallas, TX Asmara,Asmara, Eritrea M.Eng., Civil Engineering, University of B. DART Silver line Regional Commuter Rail At-Grade Texas at Arlington, Arlington,TX Crossings — Carrollton/Addison, TX B. DWU 2020 Misc. W/WW Replacement - Dallas. TX C. Trinity Metro 2018 IDIQ Contract (TexRail Misc. Improvements), Fort Worth, TX David is a talented civil designer who brings over 6 years of ROADWAY DESIGN experience in roadway, geotechnical engineering and David Tatum,Eff structural design services. David has performed roadway (Simon) design for the City of Dallas residential street improvement REGISTRATIONS: projects as well as for DART's silver line, where she is Engineer In Training—Texas#72085 designing at-grade crossings. EDUCATION Project Experience: (Roadway Design) B. S.,Civil Engineering,2016 ` .` D. City of Dallas Residential Street Recons., 2017 University of Texas at Arlington Bond — Dallas, TX E. DART silver line Regional Commuter Rail At-Grade Crossings — Carrollton/Addison, TX `- C. Trinity Metro IDIQ Contract (ADA Bus Stop Improvements) Fort Worth. TX 38 ROADWAY/DRAINAGE Raenita is an effective collaborator and exhibits an all-in attitude WATER/WASTEWATER which translates in the quality of her work. She brings experience in Raenita Kpochan, EIT roadway & drainage and water & wastewater design. Project (Simon) Experience: City of Dallas Residential Street Reconstruction 2017 REGISTRATIONS: Bond; DART Silver Line Regional Commuter Rail- Carrollton/Addison, Engineer In Training— i exasTX #74386 D. DWU 2016 Misc. W/WW Replacement (2021) —Dallas, TX EDUCATION E. DWU 2020 Misc. W/WW Replacement- Dallas, TX B.S. Civil Engineering, 2015 Prairie View A&M University As part of the city's 2017 Bond Program, Simon holds two design contracts with the City of Dallas (Project Group 17-1206 and Project Group 17-1302)for the reconstruction of four(4) residential streets and four(4) alleys at various locations. Simon manages a team of five (5) sub consultants, including Lim &Associates, Inc., PJB Surveying, LLC, and Alliance Geotechnical Group, Inc. Project Group 17-1206 (Crownover Court & Mimms Drive): Construction Complete Project Group 17-1302: 65% Design Completion. Crownover Court from Genstar to end of payment. Design services for Crownover Court consisted of the reconstruction of approximately 1,000 LF existing asphalt pavement to 6-inch, 4000 psi reinforced concrete pavement, replacement of two existing curb inlets and a portion of the storm drainage system, sidewalk replacement and other miscellaneous items necessary to complete the project. Crownover Court ends in a half cul-de-sac, 90° bend. Our roadway designers were challenged with designing the curb alignments to ensure proper drainage around the half cul-de-sac and setting the software templates to run cross-sections through the half-cul-de-sac. As part of the design contract for Project Group 17-1206, a 48-week design schedule was established. The city expedited the design of several contracts, including ours. The design schedule was reduced by over half, from 48 to 20 weeks. With the commitment and expertise of our engineer's and sub consultant team, Simon was able to deliver the project on schedule while maintaining service and delivery schedules for all other projects. 39 TAB 5: COST PROPOSAL COST, PAYMENT, AND INVOICING Total cost $49,980 for a total of 588 hours @$85 per hour. Part A - Assessment of Fair Housing (220 hours $18,700); Part B - Consolidated Plan / Annual Plan (318 hours $27,030; Part C — Market Analysis/Site and Neighborhood Standards (50 hours $4,250). I. ASSESSMENT OF FAIR HOUSING COST ALLOCATION Total Cost based on 220 total hours billed @ an hourly rate of $85 per hour for a total cost of $18,700. Each invoice will detail the Task and Hours Completed during the billing cycle. Assessment of Fair Housing Total Cost Allocation Table Hours Initiation, Strategic Planning, Data Collection and Background Research 40 Assessment of Community Attitudes, Focus Groups, Interviews 20 Fair Housing Law/Case Review, Complaints, 10 Public Policy Analysis Community Profile Analysis 40 Home Mortgage Disclosure Act Analysis 40 Fair Housing Index and Equity Assessment, R-ECAP Assessment 10 Review of Barriers in Development Policies 10 Identification of Impediments, Remedial Actions and Best Practices 20 Draft Report AFFH 70 Final Report AFFH 10 Total Hours 220 40 II. CONSOLIDATED PLAN —ANNUAL PLAN COST ALLOCATION The Cost based on 318 total hours billed @ an hourly rate of $85 per hour for a total cost of $27,030. Consolidated Plan— Total Annual Plan Cost Hours Allocation Table Kickoff Meeting/Strategic Planning Session/Data Collection 40 Citizen Participation Plan/Consulting Public Private Agencies Community Participation Plan Evaluation and 40 Update Homeless and Housing Needs and Market Analysis 98 Five Year 50 Strategic Plan Annual Action Plan 40 Draft Plan for City Staff 40 Review 30 Day Public Comment Period, City Council Public Hearing Final Consolidated Plan 10 Submission to HUD Total 318 41 II. MARKET ANALYSIS —SITE AND NEIGHBORHOOD ANALYSIS COST ALLOCATION The Cost based on 50 total hours billed @ an hourly rate of$85 per hour for a total cost of$4,250. Market—Site and Total Neighborhood Analysis Hours Cost Allocation Table Data Collection 10 Market Analysis 20 Site and Neighborhood Standards 10 Draft Plan for City Staff 5 Review Final Plan 5 Total 50 42 fi BID FORMS f -CITY OF PORT ARTHUR,TEXAS V?-1tas ADDENDUM NO. TWO (2) February 3,2023 BID FOR: DEVELOPMENT OF A 5-YEAR PLAN WITH FIRST YEAR ANNUAL ACTION, MARKET STUDY/ANALYSIS, SITE AND NEIGHBORHOOD STANDARDS AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING-ASSESSMENT OF FAIR HOUSING The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of ; the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m.,Central Standard Time, Wednesday, March 1, 2023 (The clock located in the City Secretary's office will be the official time.) All bids received will be read aloud at 3:15 p.m. on Wednesday, March 1, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. 2. Attached is the revised bid package. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. ()Aiiieftif. &Y.�. Cliftof/Williams, CPPB Purchasing Manager March 1, 2023 S. ture of Prop s Date JQUAD PLANNING GROUP, LLC Company Vendor Name 4h ADDENDUM#2 THURMAN BILL BARTIE,MAYOR \ • RONALD BURTON INGRID HOLMES,MAYOR PRO TEM e,K.p of can City CITY MANAGER i COUNCIL MEMBERS: )4) SHERRI BELLARD,TRMC CAL JONES CITY SECRETARY THOMAS KINLAW III o r t r t h u � KENNETH MARKS VAL TIZENO CHARLOTTE MOSES Texas CITY ATTORNEY DONALD FRANK,SR. 02/03/2023 REQUEST FOR PROPOSALS DEVELOPMENT OF A 5-YEAR PLAN WITH FIRST YEAR ANNUAL ACTION,MARKET STUDY/ANALYSIS, SITE AND NEIGHBORHOOD STANDARDS AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING-ASSESSMENT OF FAIR HOUSING DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, March 1, 2023. (The clock located in the City Secretary's office will be the official time.) Applicant names will be read aloud beginning at 3:15 p.m. on Wednesday, March 1, 2023 in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. You are invited to attend. MARK ENVELOPE:P23-017 DELIVERY ADDRESS: Please submit one (1) original and three (3) exact duplicate copies and USB of your RFO to: CITY OF PORT ARTHUR CITY OF PORT ARTHUR CITY SECRETARY or CITY SECRETARY P.O. BOX 1089 444 4TH STREET, 4th Floor PORT ARTHUR, TEXAS 77641 PORT ARTHUR, TEXAS 77640 POINTS OF CONTACT: Questions concerning this Request for Proposals and Scope of Work should be directed in writing to: City of Port Arthur,TX Clifton Williams, Purchasing Manager P.O. Box 1089 Port Arthur, TX 77641 c l i fton.wi l l iams(a,portarthurtx.gov Purchasing Division/Finance Department I Purchasing Manager,Clifton Williams,CPPB P.O.Box 10891444 4th Street I Port Arthur,Texas 77641 1409.983.8160 I Fax 409.983.8291 f"1 r The enclosed REQUEST FOR PROPOSALS (RFQ) and accompanying GENERAL INSTRUCTIONS, CONDITIONS and SPECIFICATIONS are for your convenience in submitting Proposals for the enclosed referenced services for the City of Port Arthur. r""V Proposals must be signed by a person having authority to bind the firm in a contract. Proposals shall be placed in a sealed envelope, with the Vendor's name and address in the upper left-hand corner of the envelope. ALL PROPOSALS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING DATE AND TIME. It is the sole responsibility of the firm to ensure that the sealed RFQ submittal arrives at the above location by specified deadline regardless of delivery method chosen by the firm. Faxed or electronically transmitted RFQ submittals will not be accepted. Clifton Williams, CPPB Purchasing Manager REQUESTS FOR PROPOSALS rTh DEVELOPMENT OF A 5-YEAR PLAN WITH FIRST YEAR ANNUAL ACTION, MARKET STUDY/ANALYSIS, SITE AND NEIGHBORHOOD STANDARDS AND ANALYSIS OF !Th IMPEDIMENTS TO FAIR HOUSING-ASSESSMENT OF FAIR HOUSING ( 1 (To be Completed ONLY IF YOU DO NOT BID.) FAILURE TO RESPOND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT IN REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated upon request. rTh In the event you desire not to submit a bid, we would appreciate your response regarding the reason(s). Your assistance in completing and returning this form in an envelope marked with the enclosed bid would be appreciated. Bid Submitted NO BID is submitted: this time only not this commodity/service only Yes No Does your company provide this product or services? Were the specifications clear? Were the specifications too restrictive? Does the City pay its bills on time? Do you desire to remain on the bid list for this product or service? Does your present work load permit additional work? Comments/Other Suggestions: Company Name: JQUAD PLANNING GROUP, LLC Person Completing Form: Telephone: JAMES GILLEYLEN 214 533 9028 Mailing Address: Email: P. O. BOX 803288 gilleylenj@jquad.com City, State, Zip Code: Date: Dallas, Texas 75380 March 1, 2023 my- (.1 r'"1 City of Port Arthur Request for Proposal for the Development of a 5-Year Plan with First Year Annual Action, Market Study/Analysis, Site and Neighborhood Standards and r"`: Analysis of Impediments to Fair Housing-Assessment of Fair Housing OBJECTIVE ram) The City of Port Arthur is requesting proposals from qualified firms and consultants to provide ,.� professional services for the development of the City's five (5) Year Consolidated Plan FY(Program Year 2024 -End of Program Year 2029),Analysis of Impediments of Fair Housing—Assessment of Fair Housing, Market Study, and Site and Neighborhood Standards as part of the City's participation in the U.S. Department of Housing and Urban Development's Community Development Block Grant(CDBG) Program. The plan will include an analysis of community needs and current conditions, identifying goals and objectives, a five-year strategic plan, and an Annual Action Plan for the first year(FY 2024). Assistance is also requested in establishing adequate and appropriate performance measurements of the -T City's CDBG-funded projects. The specific requirements for the Consolidated Plan can be found in the Code of Federal Regulations, Title 24, Section 91, ET. Sec. (24 CPR 91). The City of Port Arthur (City) receives Housing and Community Development funding from the • Department of Housing and Urban Development (HUD). The City develops each program year an Annual Action Plan and, once every five years, a Consolidated Plan that includes market information. Additionally, under the Home Investment Partnerships program (HOME), the City and applicants to the City for HOME funding are required to analyze market conditions to ensure project viability. While market studies for individual projects will still be created, the City would like to provide information to assist local organizations and the City in determining project feasibility. The information from this market analysis will also be provided to other agencies and the public for general information related to Port Arthur's housing market. The City is seeking an individual or firm knowledgeable and experienced in developing a market analysis of housing, demographic and economic factors that influence the development of housing in Port Arthur. The City also requests support in compliance with the HUD Site and Neighborhood Standards Requirements. Skills needed include data collection and analysis as well as knowledge of the types and categories of housing, including single-family and multifamily for both market and subsidized projects. The City Housing and Neighborhood Revitalization Department is the contractor for this RFP and will use the market analysis. The City has identified the following qualifications that it believes are necessary for the successful performance and completion of the services described in the Scope of Work. The prospective contractor must: A. Have experience providing the services described. B. Assign personnel with education and experience in law, statistics, sociology, data analysis, research, real estate, and other disciplines related to housing to perform the services. C. Have phone, internet, and e-mail access. Internet and e-mail access must be adequate to allow the prospective contractor to download and upload data and files and receive files and attachments from City staff. D. Agree to maintain and provide evidence satisfactory to the City of General Liability and Worker's Compensation Insurance coverage if applicable. E. Agree to execute a contract acceptable to the City's Attorney's Department. P"N, SCOPE OF WORK e"'‘ The Consolidated Plan for June 1, 2024, through May 31, 2029, on Integrated Disbursement and P"*"A Information System (IDIS) must be approved by the City of Port Arthur City Council and submitted to HUD on or about April 17, 2024. The project must be substantially underway within 30 days of contract execution. Drafts must be regularly submitted to City staff throughout the project, and a complete draft must be submitted for review before the finalization of the Plan. A minimum of two (2) public meetings must be held to solicit public input on the details of the Plan. It is expected that in developing the Consolidated Plan, the services rendered will include the coordination and facilitation of s public meetings g and other methods of citizen participation; a review of community facilities and infrastructure; analysis of data such as population trends, household characteristics, housing, and homeless services/needs, educational attainment, and income characteristics; graphic representations of these trends as well as maps of the City and specific focus areas; identification of local and regional service providers; and the development of priorities and strategies. It is expected that the consultant is to work with City staff. At least three meetings with the Project Committee will be scheduled. The completed plan must also be submitted electronically, with all maps, graphics, and other -�, attachments, and in a format capable of being reproduced by current City computer hardware and software. The City of Port Arthur requests assistance in preparing a Consolidated Plan for June 1, 2024, through May 31, 2029. The Consolidated Plan is a requirement of the United States Department of Housing and Urban Development and serves as the City's application for the Community Development Block Grant (CDBG) funding. The completed Consolidated Plan is due to the City of Port Arthur by January 4, 2024. It is required by HUD to be logged into the IDIS system on or about April 17, 2024, at midnight. HUD grantees can submit their Consolidated Plan using the Consolidated Plan template in IDIS online. The Consolidated Plan template will be required for all Consolidated Plans submitted on or after November 15, 2014. The consultant must upload the e-consolidated plan in the HUD database, IDIS, along with the first Annual Action Plan. Staff will give the consultant access to the HUD IIDIS database system if necessary. The plan will include an analysis of community needs and current conditions, identifying goals and objectives, a five-year strategy, and an Annual Action Plan for the first year(FY 2024-2029). Assistance is also requested in establishing adequate and appropriate performance measurements of the City's CDBG-funded projects. The specific requirements for the Consolidated Plan can be found in the Code of Federal Regulations, Title 24, Section 91, ET. Sec. (24 CFR 91). Market Analysis A request is made for a complete Market Analysis of properties in the City of Port Arthur. It shall be made to evaluate the existing or proposed property as security for long-term HUD-assisted and all housing projects City Wide. Included in the evaluation is an estimation of the market value of the property and an analysis of the market need, location, earning capacity, operating expenses, and warranted cost of the property. The Market Analysis develops conclusions concerning feasibility, suitability of improvements, extent, quality, duration of earning capacity, and other factors that have a bearing on the economic soundness of "a the property. The objective is to have a properly designed project in the right location to support the loan. !"'3 Such a project meets the demands of the rental market at rents that will pay all expenses of operation, debt service, and return to equity where such return is permitted. The successor must be familiar with HUD reviews and guidelines. eTh Site&Neighborhood Standard The City of Port Arthur must administer its HOME Investment Partnership Program in a manner that provides housing that is suitable from the standpoint of promoting more excellent choice of housing opportunities and facilitating and furthering full compliance with Title VI of the Civil Rights Act of 1964,the Fair Housing Act, Executive Order 11063, and HUD regulations. The U.S. Department of Housing and Urban Development("HUD")requires participating jurisdictions that administer HOME programs to establish Site and Neighborhood requirements concerning the new construction of rental housing. The determined requirements must meet the criteria stated in 24 CFR 983.6(b), which are stated below: To ensure compliance with the HOME rules and regulations, the City of Port Arthur Housing and Neighborhood Revitalization Department(HNRD)evaluates all new construction of rental housing based on the condition of the surrounding neighborhood, including the appropriate environmental and aesthetic needs and proximity to the retail, medical,neighborhood, and educational facilities,and employment centers. The site's appearance to prospective tenants and accessibility via the existing transportation infrastructure and public transportation systems will also be evaluated. Unacceptable sites include, without limitation, those containing a non-mitigable environmental factor that may adversely affect the health and safety of the residents. The Successor must be familiar with HUD reviews and guidelines. CONTRACT TERM This contract's term could be for twelve (12) months from the effective date of the contract or until the City receives final approval from HUD of the Consolidated Plan. COST PROPOSAL Each cost shall be spelled out in a separate line item. One price is for the Five-Year Consolidated Plan, one is for the Annual Action Plan, one is for the Analysis of Impediments to Fair Housing, and one is for Market Study and Site Neighborhood Standards. The proposed cost shall be expressed as an hourly rate for a specified number of hours and broken out by specific work products, as outlined in the Scope of Work. The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general F► rTh F"S proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pages. excluding resumes. Allpa ges of the proposal must be numbered, and the P Pproposal must contain an P P organized, paginated table of contents corresponding to the sections and pages of the proposal. tm ,Ej EXPERIENCE 1. Experience and background of personnel assigned to the project successful, recent and relevant experience in preparing the following; (a) Consolidated Plans, Market Analysis (b) Analysis of Impediments to Fair Housing, (c) Developing Community Development Block Grant Policies (d) Developing guidelines and Performance Measures for the timely expenditure of Community Development Block Grant Funds (e) Experience facilitating public meetings and making presentations before public agencies, citizen groups, and elected officials. Ej PAST PERFORMANCE 1. Past records that were timely and efficient management of Projects. Include a description of the project. 2. The projects were accomplished within the original budget and time frame. 3. Past records that obtained approval by the United States Department of Housing and Urban Development (HUD) 15 For Consolidated Plans or similar documents. 4. City will evaluate the Quality of work products and t h e successful implementation of related work. (REFERENCES 1. References (minimum of three) and samples of previously prepared Five (5)-Year Consolidated Plans or other similar documents. References will be contacted and rated based on their satisfaction with the services provided. LL1 COST OF PROFESSIONAL SERVICES 1. Proposed charge for performing the Scope of Work expressed as an hourly rate for a specified number of hours and broken out by specific work products. EVALUATION AND SELECTION PROCESS C) All proposals will be screened by an evaluation committee, and those proposers selected for a eTh short list may be invited to attend an interview, at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from /A each qualifying proposer and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, qualifications, project approach, price, and quality of the response. The City reserves the right to negotiate the final fee prior to e°"*N recommending any Vendor for a contract. The City's process is as follows: 1. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a.Experience of Personnel (20 points) b.Past Performance(35points) c. References (25 points) d.Cost of Professional Services(20 points) 2. City staff shall recommend the most qualified Vendor to the City Council and request authority to enter into contract negotiations. 3. When services and fees are agreed upon,the selected Vendor shall be offered a contract subject to City Council approval. 4. Should negotiations be unsuccessful,the City shall enter into negotiations with the next, highest-ranked Vendor. The process shall continue until an agreement is reached with a qualified Vendor. 5. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to,and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an award to the best-evaluated proposer. This information may be appended to the proposal evaluation process results. LETTER OF INTEREST Page 8 of 20 r-� RFQ — Request for Proposal for Development of a 5-Year Plan with Market Study/Analysis AND Site "" &Neighborhood Standards Deadline: March 1, 2023 The undersigned firm submits the following information (this RFQ submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur, TX (City) for Solicitation of Non Profits for Home ARP Program Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ COMPLETED RFQ LETTER OF INTEREST FORM •: NON-COLLUSION AFFIDAVIT (MUST BE NOTARIZED) • AFFIDAVIT (MUST BE NOTARIZED) •:• CONFLICT OF INTEREST ❖ HOUSE BILL 89 VERIFICATION ❖ SB 252CHAPTER 2252 CERTIFICATION Finn understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Finn also understands that all costs and expenses incurred by it in preparing this RFQ and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Finn agrees that the City will not be responsible for any errors, omissions, inaccuracies, or incomplete statements in this RFQ. Finn accepts all terms of the RFQ submittal process by signing this letter of interest and making the RFQ submittal. This RFQ shall be governed by and construed in all respects according to the laws of the State of Texas. JQUAD PLANNING GROUP, LLC March 1, 2023 Firm Name Date President Authorize gnature Title James Gilleylen 214 533 9028 Name (please print) Telephone 6010 W Spring Creek Pkwy PLANO, TEXAS 75024 Address City/State/Zip gilleylenj@jquad.com Email Page 9 of 20 NON-COLLUSION AFFIDAVIT CITY OF PORT ARTHUR § STATE OF TEXAS By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Signature: Printed Name: James illeylen Title: President Company: JQUAD PLANNING GROUP, LLC Date: March 1, 2023 SUBSCRIBED and sworn to before me the undersigns • `mil `-IoAt Ci�ec f, on behalf rn-yof said bidder. � 1 4/2027 Notary 10134163199 Notary Public in and for the State of Texas My commission expires: [211/ Page 10 of 20 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. JQUAD PLANNING GROUP, LLC March 1, 2023 Firm Name Date President Authoriz ignature Title James Gilleylen 214 533 9028 Name(please print) Telephone gilleylenj@jquad.com Email STATE: -Tie(uS COUNTY: CAM • • SUBSCRIBED AND SWORN to before me by the above named ' on this the 1P7 day of t . 20 23 . / Kori Banducci MY Commission Expires 1/24/2027 Notary ID134183199 Notary Public RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 20 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. N/A J Name of vendor who has a business relationship with local governmental entity. Jn l l Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information is being disclosed. Name of Officer Al Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. N/A A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? nYes n No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? n Yes No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. flCheck this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(8), excluding gifts described in Section 176.003(a-1). Si.MO- - : of vendor doing bu ' ess with the governmental entity Da Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 /"1 ('h oTh CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm.For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) Avendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be tiled with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity;or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Page 13 of 20 f , SB 252 CHAPTER 2252 CERTIFICATION i. JAMES GILLEYLEN ,the undersigned an representative 0fJQUAD PLANNING GROUP, LLC (Company or Business Name) being an adult over the age of eighteen (18) years of age, pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above- named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will immediately notify the City of Port Arthur Purchasing Department. JAMES GILLEYLEN Name of Company Representati e (Print) Signatur Z,Company Represents ive March 1, 2023 Date Page 14 of 20 House Bill 89 Verification l James Gilleylen (Person name), the undersigned representative (hereafter referred to as "Representative") of JQUAD PLANNING GROUP, LLC (company or business name, hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and affirm the following: 1. That Representative is authorized to execute this verification on behalf of Business Entity; 2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any contract that will be entered into between Business Entity and the City of Port Arthur; and 3. That Representative understands that the term "boycott Israel" is defined by Texas Government Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. ATURE O REPRESENTATIVE —141 SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this t 1 day of feikK1/4471TST �"' KoriI3a�� �3. Notary Public Page 15 of 20 r GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas, to waive any formality or irregularity, and/or to reject any or all proposals. P'-red ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations, alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written, will not be considered if submitted after the deadline. CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. CONFLICT OF INTEREST: Provide a completed copy of the Conflict of Interest Questionnaire (Form CIQ). The Texas legislature recently enacted House Bill 914 which added Chapter 176 to the Texas Local Government Code. Chapter 176 mandates the public disclosure of certain information concerning persons doing business or seeking to do business with the City of Port Arthur, including affiliations and business and financial relationships such persons may have with City of Port Arthur officers. The form can be can be located at the Texas Ethics Commission website: https://www.ethics.state.tx.us/filinginfo/conflict forms.htm By doing business or seeking to do business with the City of Port Arthur including submitting a response to this RFP, you acknowledge that you have been notified of the requirements of Chapter 176 of the Texas Local Government Code and you are representing that you in compliance with them. Any information provided by the City of Port Arthur is for information purposes only. If you have concerns about whether Chapter 176 of the Texas Local Government Code applies to you or the manner in which you must comply,you should consult an attorney. The following are the current City Council and City Employees who are anticipated to either recommend or ETHICS: Public employees must discharge their duties impartially so as to assure fair, competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the City of Port Arthur's procurement organization. Page 16 of 20 Any employee that makes purchases for the City is an agent of the City and is required to follow the City's Code of Ethics. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder rl must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following r"5 requirements: ,.� 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. eTh 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City,or has made satisfactory arrangements to pay the same. ter.. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively, beginning with 1. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Accounting, P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax; therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur, Texas, Jefferson County. The City of Port Arthur may Page 17 of 20 request and relyon advice, decisions, and opinions of the Attorn ey p General of Texas and the City Attorney concerning any portion of these requirements. r^� COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws, ordinances, rules, orders, regulations and codes of the federal, state and local governments relating to performance of work herein. em, INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with theplanningand carrying out of the program, shall have any �'Y� g p g personal financial interest, direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated, based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur, TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If,through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Page 18 of 20 f"1 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and eTh proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this ,-h contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by r'"° virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE: The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor, the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor, or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub-contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10)days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period,the time may be extended by mutual agreement between OWNER and CONTRACTOR. DISCLOSURE OF INTERESTED PARTIES FORM 1295: A person or business, who enters into a contract with the City, meeting the conditions according to Texas Local Government Code Sec. 2252.908, is required to file Form 1295 with Texas Ethics Commission. This form is not required unless there is a contract between the vendor and the City of Port Arthur. Do not submit this form unless you receive an award letter from the City. PUBLIC INSPECTION OF PROPOSALS: The City strictly adheres to the Texas Public Information Act (Texas Government Code Chapter 552.001, et seq.) and all other governing statutes, regulations, and laws regarding the disclosure of RFP information. Proposal Documents are not available for public inspection until after the contract award. If the Proposer has notified the City, in writing,that the Proposal Document contains trade secrets or confidential information,the City will generally take reasonable steps to prevent disclosure of such information, in accordance with the Public Information Act. This is a statement of general policy only, and in no event shall the City be liable for disclosure of such Page 19 of 20 1 information by the City in response to a request, regardless of the City's failure to take any such reasonable steps, even if the City is negligent in failing to do so. PROPOSAL EVALUATION AND CONTRACT AWARD: Proposal Evaluation and Contract Award Process: An award of a contract to provide the goods or services specified herein will be made using Em competitive sealed proposals, in accordance with Chapter 252 of the Texas Local Government Code and with the City's purchasing policy. The City will evaluate all proposals to determine which offerors are reasonably qualified for the award of the contract, applying the anticipated evaluation factors and emphasis to be placed on each factor as identified in the Scope of Services. A variety of factors may be eTh used in the evaluation of the submitted proposals for this project. The City may, at its option, conduct discussions with or accept proposal revisions from any reasonably qualified proposer. Discussions may ,ate not be initiated by offerors. These discussions will be limited to issues and topics brought forth by the City. Any attempt by proposer or vendor at deviating from the issues and topics to discuss other issues and topics concerning the Proposal brought forth by the City of Port Arthur shall be grounds for disProposal. Vendors shall not contact any City of Port Arthur personnel during the proposal process without the express permission from the City's Purchasing Manager. AMBIGUITY: Any ambiguity in the Proposal Document as a result of omission, error, lack of clarity or non-compliance by the Proposer with specifications, instructions and all conditions shall be construed in the favor of the City. ADDITIONAL INFORMATION: City may request any other information necessary to determine Proposer's ability to meet the minimum standards required by this RFP. Page 20 of 20