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#17-7049 (Urban Land Institute)
ULI-The Urban Land Institute -Advisory Services Agreement For Affordable/Workforce Housing Policy, Collier County Florida (County Agreement No. 17-7049) 41 1 This Agreement, made and entered into on this 25 day of Ober , 2016, by and between Collier County Florida ("County") and ULI-the Urban Land Institute, Inc. (Institute or ULI). As part of its purpose, the Institute maintains an Advisory Services Program for the purpose of benefiting organizations, governments and the general public through improved planning and utilization of land. The County wishes to obtain advice and recommendations from the Institute on affordable/workforce housing policies (see Attachment A). A. Pursuant to this Agreement, the Institute agrees: 1. To provide a panel composed of members of the Institute and others who collectively have a varied and broad experience and knowledge applicable to the particular problems to be considered. 2. To Perform the Following Tasks: • Task 1: Arrange for the panel members to visit Collier County starting upon issuance of Notice to Proceed (NTP). Coordinate and manage logistics for the on-site session including, but not limited to, recruitment of panel members; scope and secure interview and workspace; and, provide schedule and agenda details. • Task 2: Conduct the on-site Advisory Panel Session for a period of not less than five days, tentatively scheduled for January 2017. During that time the panel, directly and through ULI's staff, will o Review the material provided by the County, study the designated area, review and assimilate prior work and studies and identify any additional data or information that may be needed to form a rational basis for recommendations, and will become familiar with existing planning documents o Consult with public and private officials, representatives of other relevant organizations, and other individuals familiar with the problems involved; work collaboratively with the Affordable Housing Advisory Committee, the Stakeholder Committee, staff and the citizens of the County to develop recommended policies. Extensive stakeholder input is envisioned. ULI is expected to identify similarities and differences in stakeholder views of this matter, and find opportunities for consensus. C ULI Advisory Services Agreement Collier County Florida Page 2 of 7 o Prepare its conclusions and policy level recommendations which will be presented to the County and its invited guests in oral form at the close of the on-site assignment. ULI will recommend housing policies and strategies that are best fit for Collier County. In so doing ULI will be expected to bring forth best practices in other comparably sized areas with similar characteristics and to address the items listed in Attachment A. • Task 3: To provide the County with a full-color written summary of its conclusions and recommendations illustrated with photographs and drawings, as appropriate. The County will be provided a draft copy of the report within sixty (60) days of the panel completion. 3. To absorb all related expenses of its panel and staff while on-site. 4. To provide customary workers' compensation and liability insurance for the panel members and the Institute's employees. 5. Indemnification. To the maximum extent permitted by Florida law, the ULI shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ULI or anyone employed or utilized by ULI in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The duty to defend under this Article 5 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the ULI, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to ULI. ULI's obligation to indemnify and defend under this Article 5 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. B. The County agrees, at its expense to the following: ID ULI Advisory Services Agreement Collier County Florida Page 3 of 7 1. To furnish each panel member, not less than ten (10) days in advance of the panel meeting, such pertinent background data in the form of reports, plans, charts, etc., as may be presently available or readily developed for the preliminary study of the panel, prior to its inspection on site. Two copies are to be sent to the ULI Project Manager. 2. To arrange, insofar as possible, to have appropriate persons, including public and private officials, representatives of the relevant organizations, and others, available for the purpose of consulting with and furnishing information to the panel on specific matters relevant to the assignment as may be necessary and advisable during the period of the panel's visit. 3. The cost of the panel to the County is $125,000. Payment will occur as Tasks are completed as listed below and upon receipt of a proper invoice and upon approval by the Community and Human Service Director, or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." Task 1: Coordinate panel selection $30,000 Lump Sum and logistics for on-site panel (may be invoiced when four (4) of the panelists session are confirmed and a preliminary schedule/itinerary is provided) Task 2: Conduct on-site Advisory $90,000 Lump Sum Panel session (may be invoiced upon completion of the on-site summary presentation) Task 3: Provide Final Panel Report $5,000 Lump Sum (may be invoiced upon receipt of print copies along with an electronic version) The County may make such noncommercial use of the report as it may deem desirable. It is further understood that the Institute may make such noncommercial use of the report prepared of the panel's findings and recommendations as it may deem desirable, and the County herewith specifically agrees that the Institute may publish and disseminate such report or any part thereof in conjunction with its research and educational programs. C. Venue. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. ULI Advisory Services Agreement Collier County Florida Page 4 of 7 D. Dispute Resolution. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of ULI with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of ULI with full decision- making authority and by County staff person who would make the presentation of any settlement reached at mediation to County's Board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under Section 44.102, Fla. Stats. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. E. Termination. Should the ULI be found to have failed to perform the services in a manner satisfactory to the County and requirements of this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the Agreement is terminated, ULI's recovery against the County shall be limited to that portion of the Agreement amount earned through the date of termination. ULI shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed or materials not provided. F. Assignment. ULI shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If ULI does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward ULI all of the obligations and responsibilities that ULI has assumed toward the County. G. Public Records Compliance. By executing and entering into this Agreement, the ULI is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and ULI Advisory Services Agreement Collier County Florida Page 5 of 7 regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119), including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the ULI does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. ULI Advisory Services Agreement Collier County Florida Page 6 of 7 If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. H. ULI is acting in the capacity of an independent hereunder and not as an employee, or agent of, or joint venturer with County. I. This Agreement constitutes the entire agreement between the parties regarding the services described herein and supersedes all prior agreements or understandings between the parties on this subject matter, whether written or verbal. J. This Agreement may not be altered, amended or modified except by written document signed by all parties. K. This Agreement shall be subject to and construed under the laws of the State of Florida. The undersigned parties and their duly authorized representatives represent and warrant that they have authority to enter into this Agreement and hereby agree to the terms set forth above. CAO ULI Advisory Services Agreement Collier County Florida Page 7 of 7 IN WITNESS WHEREOF,the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk of Courts . By: , ' �.� By: /�/✓�✓ Penny Taylor, firman , Dated: (Atttest as to Chairman's signature only. ULI—The Urban Land Institute Consultant /j By. (9/447— • First Witness Signature C \ g TType/print witness nameT TType/print signature and titleT CCi &4 Second Witness : a✓1`' Ce.nt /✓ J TType/print witness nameT Approved as to Form and Legality: . 1 Jennifer Belpedio, Assis%County Attorney CY 0ff ATTACHMENT A ULI Advisory Panel 1. Why is it important for the county to have a balanced supply of housing, in terms of type, tenure, attainability, access and distribution? Collier County's primary economic engine is based on high-end second home communities, seasonal resort tourism and the businesses and amenities supporting them. A significant portion of the employment in Collier County is low- paying service jobs as well as low-paying jobs in the agricultural sector. Collier County also has a significant number of health care, school district and government employees and their wages are often insufficient to purchase homes at the market rate, or even afford the high cost of apartments. Collier County is also located in a high hazard hurricane zone with extensive amounts of environmentally sensitive lands both of which result in code requirements that increase the cost of development and housing. For decades the housing policies embraced by Collier County and the development community have been driven by the notion that low density, single-family homeownership is the primary method of addressing housing needs. The result is that various segments of the population are being inadequately or inappropriately served or priced out of the market. Our housing production is not sufficiently diverse with regard to size, typology, location to adequately reflect social, economic and age related diversity of our population. The result of these trends and policies is a significant disparity between the cost of housing and the incomes of the average person and the working poor. Furthermore, they have limited housing options for those households with regard to type and location. These disparities limit our ability to attract and retain a strong workforce and to sustain and expand our economy. The challenge is to embrace pubic policies and encourage changes in development trends to insure that Collier County has a diverse affordable and workforce housing stock that reflects the diverse needs of our current and future population with regard to type, tenure and location. 2. In the view of key stakeholders, including residents, what are the major obstacles to producing and sustaining affordable and workforce housing in Collier County and what can be done to mitigate them? There are numerous reasons why we have a lack of affordable and workforce housing production in Collier County. There is no real consensus on the barriers and the list varies significantly depending on which segment of the public or private sector you talk to. They vary from high impact fees, onerous development and building codes, regulatory uncertainty, high land cost, NIMBYism and lack of subsidy and financing. 1 The challenge is not only to isolate and determine the reality from the "urban legend" surrounding this discussion but to clearly articulate the obstacles and identify ways of overcoming these barriers. 3. What are the stakeholders' perceptions of affordable and workforce housing and the existing tools and programs in place to support it and recommendations for change? There has been much discussion among the development and real estate community, housing advocates, and the public about the definition of affordable and workforce housing and who it should serve. There is also a concern about the effectiveness, equity and fiscal soundness of the County's existing housing programs and the tools used to incentivize and manage them. Again, there is no consensus among the stakeholders. The challenge is to gain an understanding of the perceptions and actual experiences of stakeholders regarding affordable and workforce housing and the existing practices and to create a dialogue that will enable them to reach consensus. 4. How can public policy encourage the redevelopment of underutilized areas of the developed coastal area that includes affordable and workforce housing while insuring that it will also be a component of new development in the urban and rural fringe areas. One can summarize development trends in Collier County in three general areas. (1) The developed coastal area where most of the development has taken place in the past. (2) The urban fringe, which is laced with large acre semi-rural suburbs and agriculture and environmentally sensitive lands and, (3) the environmentally sensitive rural fringe of eastern Collier County. To date the most affordable housing is located in the urban fringe and the rural fringe of the county with the majority of the jobs located in the coastal developed area. In the 1990's Collier County undertook a ground breaking comprehensive plan to address development in the rural fringe. The multi-year process engaged stakeholders on issues of environmental, agricultural, government and development. The result was a consensus on a long-term plan that allowed development in acceptable areas, preserved sensitive lands and balanced the equities of all stakeholders. It has achieved national recognition as a best practice in the stewardship of land. As a result of this plan only 10% of the land area of Collier County has been designated suitable and open for new development. Traditionally, affordable and workforce housing has been located in the urban fringe and more recently the rural fringe where land costs are low. These lower cost areas are not always ideally located in relation to jobs, services and transportation. This not only places the extra cost burden of longer commutes for those with modest or low incomes but also requires greater amount of public infrastructure and results in less diverse communities. Furthermore, as these traditionally lower cost 2 neighborhoods experience development pressures they become less affordable and accessible. At this time, only 9% of the remaining land in the County is available for future development. Development is beginning to emerge in these areas, presumably in anticipation of the projected population increase for the County. At present, there is one new town under construction and one more in the planning stages. Due to the current policies of the County, many are concerned that the remaining development will be "allowed" to occur with little or no affordable workforce housing. Furthermore, there has been little if any focus on the redeveloping underutilized areas of the developed coastal area. The general perception of government and the community has been that this area is built-out and there are few future development opportunities there. What has been overlooked is the fact that pockets of older development have outlived their usefulness or are underutilized. These areas are ripe for redevelopment and present excellent opportunities for higher density, mixed-used development that could provide housing for our workforce at more affordable prices and closer to their employment. These trends pose two challenges. First, is to insure that affordable and workforce housing is an integral component of new development in remaining developable areas of Collier county. Second is to establish policies and strategies that will incentivize the redevelopment of underutilized areas in the developed coastal area and insure that affordable and workforce housing is included close to the jobs, services and transportation. This challenge might be addressed by taking lessons learned from the rural stewardship process and apply them to fashioning a redevelopment plan for the developed coastal area of the County. 5. What policies, strategies and best practices have worked in places similar to Collier County, and which would you recommend to the County? For years we have looked at policies, strategies and best practices from communities around the country and discussed their applicability and viability given the unique dynamics of our market and population. However, there has been little if any consensus on which are applicable to our situation and which would succeed and fail. The challenge is to take a non-biased realistic view of Collier County's housing situation, the dynamics of the market and the political climate and identify those policies, strategies and best practices that will be effective and embraced and those that should be avoided within the context of Collier County's housing situation, market dynamics and political climate. 3 URBALAN-01 CROHDE ,44comcv DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/13/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - PRODUCER License#CA#0658748 CONTACT NAME: AHT Insurance PHONE 703 777-2341 FAX (703)771-1852 20 S.King Street (A/C,No,Ext):( ) (A/C,No): Leesburg,VA 20175 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Great Northern Insurance Company 20303 INSURED INSURER B:Federal Insurance Company 120281 Urban Land Institute INSURER C:Chubb Indemnity Insurance Company 112777 2001 L Street NW, INSURER D: Washington,DC 20036 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: , THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP wLIMITS LTRINSD VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X 35761252 07/31/2016 07/31/2017 DAMAGE TO RENTED 1,000,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY - CrJELOC PRODUCTS-COMP/OPAGG $ Included OTHER: $ AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B ANY AUTO 73553707 07/31/2016 07/31/2017 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS AUTOS XX NON OS-OWNED PROPERTY DAMAGE HIRED AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 B EXCESS LIAB CLAIMS-MADE 79860488 07/31/2016 07/31/2017 AGGREGATE $ 10,000,000 DED RETENTION WORKERS COMPENSATION X PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N C ANY PROPRIETOR/PARTNER/EXECUTIVE 71702453 07/31/2016 07/31/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Advisory Services For Affordable/Workforce Housing Policy Additionally,insured: Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR Collier County Government, OR Collier County. For any and all work performed on behalf of Collier County. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3299 Tamiami Trail East,Naples,Florida 34112 ACCORDANCE WITH THE POLICY PROVISIONS. Thirty(30)Days Cancellation Notice required AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. 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