HomeMy WebLinkAboutContract 1539 . a , \C5°I ORIGINAL
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PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF CATHEDRAL CITY
AND
J.H. DOUGLAS ASSOCIATES
THIS AGREEMENT, is made and entered into this 26th day of February, 2013,
by and between the City of Cathedral City, a municipal corporation located in the
County of Riverside, State of California, hereinafter referred to as the "City", and J.H.
Douglas Associates, a sole proprietor, hereinafter referred to as "Consultant."
RECITALS:
WHEREAS, the City desires to update the Housing Element of the Cathedral
City General Plan for submittal to, and determination of compliance by, the California
Department of Housing and community Development; and
WHEREAS, Consultant represents that it is specially trained, experienced and
competent to perform the professional and technical services that will be required by
this Agreement; and
WHEREAS, Consultant possesses the skills, experience, ability, background,
certification and knowledge to provide the professional and technical services described
by this Agreement on the terms and conditions described therein; and
WHEREAS, the City desires to retain Consultant to render professional planning
services to assist the City's Community Development Department in preparing the
Housing Element Update of the City's General Plan as more particularly described in
the Scope of Services attached hereto as Exhibit "A".
Now therefore, in consideration of the covenants, conditions and promises
contained herein, the parties agree as follows:
Section 1. SCOPE OF SERVICES.
A. Consultant shall provide to the City those services as set forth in the
"Scope of Services", attached hereto as Exhibit "A", and incorporated herein by this
reference.
B. Consultant shall perform said services at the time, place, and in the
manner specified in Exhibit "A" subject to the direction of the City through its staff and in
a manner satisfactory to the City and consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing in the same
locality under similar conditions.
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Section 2. PERFORMANCE SCHEDULE
Consultant shall perform those services set forth in the Scope of Services
pursuant to the "Performance Schedule" attached hereto as Exhibit "B", and
incorporated herein by this reference as though set forth at length.
Section 3. COMPENSATION
City agrees to pay Consultant for and in consideration of the faithful
performance of the consulting services and duties set forth in this Agreement, and
Consultant agrees to accept from City, as and for compensation for the faithful
performance of said services and duties, an amount not to exceed twenty-seven
thousand dollars ($27,000.00), in accordance with the "Schedule of Charges", attached
hereto as Exhibit "C", and incorporated herein by this reference.
Section 4. METHOD OF PAYMENT
A. Consultant shall submit monthly billings to City describing the work
performed during the preceding month. Consultant's bills shall include a brief
description of the services performed, the date the services were performed, the
number of hours spent and by whom, and a description of any reimbursable
expenditures. City shall pay Consultant no later than thirty (30) days after approval of
the monthly invoice by City staff, provided that the services reflected in the invoice were
performed to the reasonable satisfaction of the City in accordance with the terms of this
Agreement, provided further that the number of hours of service set forth in the invoice
reflect the amount of time ordinarily expended for such service by members of the
profession currently practicing in the same locality under similar conditions, and
provided further that all expenses, rates and other information set forth in the invoice
are consistent with the terms and conditions of this Agreement.
B. When payments made by City equal ninety percent of the maximum fee
provided for in this Agreement, no further payments shall be made until the final work
under this Agreement has been accepted by the City.
C. The Consultant shall submit invoices under this Agreement to:
Patrick Milos
Community Development Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Telephone: (760) 770-0319
Facsimile: (760) 202-1460
Section 5. EXTRA WORK
At any time during the term of this Agreement, the City may request that
Consultant perform Extra Work. As used herein, "Extra Work" means any work which is
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determined by the City to be necessary for the proper completion of the Project, but
which the parties did not reasonably anticipate would be necessary at the execution of
this Agreement. Consultant shall not perform, nor be compensated for, Extra Work,
without written authorization from the City.
Section 6. TERMINATION
This Agreement may be terminated by the City immediately for cause. The City
may terminate this Agreement without cause upon fifteen (15) calendar days' written
notice of termination. Upon termination, Consultant shall be entitled to compensation
for services performed up to the effective date of termination.
Section 7. OWNERSHIP OF DOCUMENTS;
All plans, studies, documents and other writings prepared by and for Consultant,
its officers, employees and agents and subcontractors in the course of implementing
this Agreement, except working notes and internal documents, shall become the
property of the City upon payment to Consultant for such work, and the City shall have
the sole right to use such materials in its discretion without further compensation to
Consultant or to any other party. Consultant shall, at their expense, provide such
reports, plans, studies, documents and other writings to the City upon written request.
Section 8. PROTECTION AND CORRECTION OF WORK
A. Consultant shall adopt reasonable methods during the life of this
Agreement to furnish continuous protection to the work performed by Consultant, and
the equipment, materials, papers and other components thereof to prevent losses or
damages.
B. The performance of services by Consultant shall not relieve Consultant
from any obligation to correct any incomplete, inaccurate or defective work at no further
cost to the City, when such inaccuracies are due to the fault of Consultant.
Section 9. CONFIDENTIALITY
A. All ideas, memoranda, specifications, plans, procedures, drawings,
descriptions, computer program data, input record data, written information, and other
Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials
shall not, without prior written consent of the City, be used by Consultant for any
purposes other than the performance of the services under this Agreement, nor shall
such materials be disclosed to any person or entity not connected with the performance
of the services under this Agreement. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential.
B. Consultant shall not use the City's name or insignia, photographs relating
to the project for which Consultant's services are rendered, or any publicity pertaining to
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the Consultant's services under this Agreement in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior
written consent of the City.
Section 10. CONSULTANT'S BOOKS AND RECORDS
A. Consultant shall maintain any and all ledgers, books of account, invoices,
vouchers, canceled checks, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to the City for a
minimum period of three years, or for any longer period required by law, from the date
of final payment to Consultant pursuant to this Agreement.
B. Consultant shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum of three years, or for any longer
period required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular
business hours, upon written request by the City Manager, City Attorney, City Auditor or
a designated representative of these officers. Copies of such documents shall be
provided to the City for inspection at City Hall when it is practical to do so. Otherwise,
unless an alternative is mutually agreed upon, the records shall be available at
Consultant's address indicted for receipt of notices in this Agreement.
D. Where the City has reason to believe that such records or documents
may be lost or discarded due to dissolution, disbandment or termination of Consultant's
business, the City may, by written request of any of the above-named officers, require
that custody of the records be given to the City and that the records and documents be
maintained in City Hall. Access to such records and documents shall be granted to
any party authorized by Consultant, Consultant's representatives, or Consultant's
successor-in-interest.
Section 11. INDEPENDENT CONTRACTOR'S STATUS: NOT AGENT
OF CITY
Consultant shall at all times during the term of this Agreement remain, as to the
City, a wholly independent contractor and shall perform the services described in this
Agreement as an independent contractor. Neither the City nor any of its agents shall
have control over the conduct of Consultant or any of Consultant's employees, except
as herein set forth. Nothing contained in this Agreement shall be deemed, construed or
represented by the City or Consultant or by any third person to create the relationship of
principal and agent and Consultant shall not, at any time, or in any manner, represent
that it or any of its agents or employees are in any manner agents or employees of the
City. Consultant shall have no authority, expressed or implied, to act on behalf of the
City in any capacity whatsoever as an agent, nor shall Consultant have any authority,
expressed or implied, to bind the City to any obligation whatsoever.
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Section 12. REPRESENTATIONS AND ACKNOWLEDGMENTS
REGARDING INDEPENDENT CONTRACTOR'S STATUS
OF CONSULTANT
A. Consultant represents and acknowledges the following:
1. The City is not required to provide any training or legal counsel to
Consultant or its employees in order for Consultant to perform the services described in
this Agreement.
2. Performance of the services described in this Agreement does not
have to be integrated into the daily business operations of the City.
3. The services described in this Agreement can be performed
without the use of City equipment, materials, tools or facilities.
4. Nothing in this Agreement shall be interpreted to imply that the City
must maintain any contractual relationship with Consultant on a continuing basis after
termination of this Agreement.
5. The City will not be requested or demanded to assume any liability
for the direct payment of any salary, wage or other such compensation to any person
employed by Consultant to perform the services described in this Agreement.
6. Consultant shall not at any time or in any manner represent that it
or any of its officers, employees, or agents are "employees" of the City.
B. The City represents and acknowledges the following:
1. Consultant is not required to comply with daily instructions from
City staff with respect to when, where or how Consultant must perform the services set
forth in this Agreement.
2. Consultant is solely responsible for determining who, under the
supervision or direction of Consultant, will perform the services set forth in this
Agreement.
3. The City will not hire, supervise or pay any assistants working for
Consultant pursuant to this Agreement.
4. Nothing in this Agreement shall be interpreted to imply that the
Consultant must maintain any contractual relationship with the City on a continuing
basis after termination of this Agreement.
5. It is the sole responsibility of Consultant to set the hours in which
Consultant performs or plans to perform the services set forth in this Agreement.
6. Consultant is not required to devote full time to the business
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operations of the City in order to perform the services set forth in this Agreement.
7. Unless deemed necessary under certain circumstances,
Consultant is not required to perform the services set forth in this Agreement at City
Hall or on City-owned property.
8. Other than attendance at required public meetings and public
hearings and complying with procedural requirements set forth by law, Consultant is not
required to perform the services set forth in the Agreement in any particular order or
sequence.
9. Nothing in this Agreement shall be interpreted to preclude
Consultant from working for other persons or firms, provided that such work does not
create a conflict of interest.
Section 13. CONFLICTS OF INTEREST
A. Consultant (including its principals, associates and professional
employees) covenants and represents that it does not have any investment or interest
in real property and shall not acquire any interest, direct or indirect, in the area covered
by this Agreement or any other source or income, interest in real property or investment
which would be affected in any manner or degree by the performance of Consultant's
services hereunder. Consultant further covenants and represents that in the
performance of its duties hereunder no person having any such interest shall perform
any services under this Agreement.
B. Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
1. Does not make or participate in:
(a) The making of any governmental decisions regarding
approval of a rate, rule, or regulation, the adoption or
enforcement of laws;
(b) The issuance, denial, suspension or revocation of permits,
licenses, applications, certificates, approvals, orders, or
similar authorization or entitlement;
(c) Authorizing the City to enter into, modify, or renew a
contract;
(d) Granting City approval to a contract that requires City
approval and to which the City is a party, or to the
specifications for such a contract;
(e) Granting City approval to a plan, design, report, study, or
similar item;
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(f) Adopting, or granting City approval of, policies, standards, or
guidelines for the City or for any subdivision thereof.
2. Does not serve in a staff capacity with the City and in that capacity
participate in making a governmental decision or otherwise perform the same or
substantially all the same duties for the City that would otherwise be performed by an
individual holding a position specified in the City of Cathedral City's or City's Conflict of
Interest Code or under Government Code Section 87302.
C. In the event the City officially determines that Consultant must disclose its
financial interests by completing and filing a Fair Political Practices Commission Form
700, Statement of Economic Interests, Consultant shall file the subject Form 700 with
the City Clerk's Office pursuant to the written instructions provided by the Office of the
City Clerk.
D. Consultant maintains and warrants that it has not employed nor retained
any company or person, other than a bona fide employee working solely for Consultant,
to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the City shall have the right to rescind this
Agreement without liability. For the term of this Agreement, no member, officer, or
employee of the City, during the term of his or her service with the City, shall have any
direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
Section 14. PROFESSIONAL ABILITY; WARRANTY; FAMILIARITY
WITH WORK
A. Consultant represents that it has obtained and will maintain at all times
during the term of this Agreement all professional and/or business licenses,
certifications and/or permits necessary for performing the services described in this
Agreement, including a City of Cathedral City business license.
B. Consultant warrants that all services will be performed in a competent,
professional and satisfactory manner in accordance with the standards prevalent in the
industry for such services.
C. By executing this Agreement, Consultant warrants that it:
1. Has thoroughly investigated and considered the work to be
performed;
2. Has investigated the issues, regarding the scope of services to be
provided;
3. Has carefully considered how the work should be performed; and
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4. Fully understands the facilities, difficulties and restrictions attending
performance of the work under this Agreement.
D. Should Consultant discover any latent or unknown conditions materially
differing from those inherent in the work or as represented by the City, it shall
immediately inform the City of such fact and shall not proceed except at Consultant's
risk until written instructions are received from the Executive Director or appropriate City
representative.
Section 15. COMPLIANCE WITH LAWS
Consultant shall comply with all local, state and federal laws and regulations
applicable to the services required hereunder.
Section 16. NONDISCRIMINATION
A. Consultant shall comply with the City's employment related
nondiscrimination policies as set forth in the Cathedral City Municipal Code, as it may
be amended from time to time.
B. Consultant acknowledges that the City's employment related
nondiscrimination policies prohibit discrimination on the basis of an individual's sex,
marital status, race, color, religion, ancestry, national origin, physical handicap, sexual
orientation, and domestic partner status.
Section 17. INDEMNIFICATION
A. Consultant shall defend, indemnify and hold harmless the City of
Cathedral City and City, their officers, officials, agents, employees and volunteers from
and against any and all claims, demands, actions, losses, damage, injuries, and liability,
direct or indirect, (including any and all costs and expenses in connection wherein),
arising from or in connection with the willful misconduct or negligent acts, errors, or
omissions of Consultant, its employee, agents, or representative in the performance of
the services provided under this Agreement, including reasonable attorney's fees and
all costs incurred by the City in such action.
B. The City does not, and shall not, waive any rights that it may have against
Consultant under this Section because of the acceptance by the City, or the deposit
with the City, of any insurance policy or certificate required pursuant to this Agreement.
The hold harmless, indemnification and duty to defend provisions of this Section shall
apply regardless of whether or not said insurance policies are determined to be
applicable to the claim, demand, action, damage, liability, loss, cost or expense
described herein.
C. Notwithstanding the provisions of subsections a. and b. of this section,
Consultant shall not be responsible for damages or be in default or deemed to be in
default by reason of delay caused by strikes, lockouts, accidents, or acts of God, or the
failure of the City to furnish timely information or to approve or disapprove Consultant's
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work promptly, or by reason of delay or faulty performance by the City, construction
contractors, or governmental agencies, or by reason of any other delays beyond
Consultant's control, or for which Consultant is without fault.
Section 18. INSURANCE REQUIREMENTS
A. Policies. Consultant, at Consultant's own cost and expense, shall procure
and maintain, for the duration of this Agreement, the following insurance policies;
1. Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance and Employer's Liability Insurance for its employees
in accordance with the laws of the State of California. In addition, Consultant shall
require each subcontractor to similarly maintain Workers' Compensation Insurance and
Employer's Liability Insurance in accordance with the laws of the State of California for
all of the subcontractor's employees. Any notice of cancellation or non-renewal of all
Workers' Compensation policies must be received by the City at least thirty (30)
calendar days prior to such change. The insurer shall agree to waive all rights of
subrogation against the City, its officers, agents, employees, and volunteers for losses
arising from work performed by Consultant for the City. This provision shall not apply if
the Consultant has no employees performing work under this Agreement. The
Consultant has not employees for the purposes of this Agreement and Consultant has
signed the Certificate of Exemption from Workers' Compensation Insurance, which is
attached hereto as Exhibit D.
2. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than one million dollars ($1,000,000)
per occurrence for bodily injury, personal injury and property damage. If a commercial
general liability insurance form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be performed
under this Agreement or the general aggregate limit shall be at least twice the required
occurrence limit.
3. Automobile Liability Coverage. Consultant shall maintain
automobile liability insurance covering bodily injury, personal injury and property
damage for all activities of the Consultant arising out or of in connection with the work to
be performed under this Agreement, including coverage for owned, hired and non-
owned vehicles, in an amount of not less than five hundred thousand dollars ($500,000)
combined single limit for each occurrence.
4. Professional Liability Coverage. Consultant shall maintain
professional errors and omissions liability insurance for protection against claims
alleging negligent acts, errors or omissions which may arise from Consultant's
operations under this Agreement, whether such operations are by the Consultant or by
its employees, subcontractors, or subconsultants. The amount of this insurance shall
not be less than one million dollars ($1,000,000) per occurrence.
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B. Endorsements. Each general liability and automobile liability insurance
policy shall be with insurers possessing a Best's rating of no less than A:VII and shall
be endorsed with the following specific language:
1. The City of Cathedral City and the City, their elected or appointed
officers, employees, agents and volunteers are to be covered as additional insureds
with respect to liability arising out of work performed by or on behalf of the Consultant,
including materials, parts or equipment furnished in connection with such work or
operations.
2. This policy shall be considered primary insurance with respect to
the City, its elected or appointed officers, officials, employees, agents and volunteers.
Any insurance maintained by the City, including any self-insured retention the City may
have, shall be considered excess insurance only and shall not contribute with it.
3. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect to the limits of
liability of the insuring company.
4. The insurer waives all rights of subrogation against the City, its
elected or appointed officials, officers, employees or agents.
5. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its elected or appointed officers, officials,
employees, agents or volunteers.
6. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits except after thirty (30) calendar
days' written notice has been received by the City.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City. At the City's option,
Consultant shall demonstrate financial capability for payment of such deductibles or
self-insured retentions.
D. Certificates of Insurance. Consultant shall provide certificates of
insurance with original endorsements to the City as evidence of the insurance coverage
required herein. Certificates of such insurance shall be filed with the City on or before
commencement of performance of this Agreement. Current certification of insurance
shall be kept on file with the City at all times during the term of this Agreement.
Section 19. NOTICES
A. Any notice to be provided pursuant to this Agreement shall be in writing,
and all such notices shall be delivered by personal service or by deposit in the United
States mail, certified or registered, return receipt requested, with postage prepaid, and
addressed to the parties as follows:
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To the City: Patrick Milos
Community Development Director
City of Cathedral City
68-700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Telephone: (760) 770-0319
Facsimile: (760) 202-1460
To Consultant: John Douglas, AICP
13142 Rosalind Drive
Santa Ana, CA 92705
B. Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or as of the second (2nd) day after deposit in the United
States mail.
Section 20. ENTIRE AGREEMENT
A. This Agreement supersedes any and all other agreements, either oral or
written, between the City and Consultant with respect to the subject matter of this
Agreement.
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B. This Agreement contains all of the covenants and agreements between
the parties with respect to the subject matter of this Agreement, and each party to this
Agreement acknowledges that no representations, inducements, promises, or
agreements have been made by or on behalf of any party except those covenants and
agreements embodied in this Agreement.
C. No agreement, statement, or promise not contained in this Agreement
shall be valid or binding.
Section 21. MODIFICATIONS AND AMENDMENTS
This Agreement may be modified or amended only by a written instrument
signed by both parties.
Section 22. ASSIGNMENT AND SUBCONTRACTING
A. The experience, knowledge, capability and reputation of Consultant, its
principals and employees were a substantial inducement for the City to enter into this
Agreement. Assignments of any or all rights, duties or obligations of the Consultant
under this Agreement will be permitted only with the written consent of the City.
B. Consultant shall not subcontract any portion of the work to be performed
under this Agreement without the written consent of the City. If the City consents to
such subcontract, Consultant shall be fully responsible to the City for all acts or
omissions of the subcontractor. Nothing in this Agreement shall create any contractual
relationship between the City and subcontractor nor shall it create any obligation on the
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part of the City to pay or to see to the payment of any monies due to any such
subcontractor other than as required by law.
Section 23. WAIVER
A. No waiver shall be binding, unless executed in writing by the party making
the waiver.
B. No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same provision.
C. Failure of either party to enforce any provision of this Agreement shall not
constitute a waiver of the right to compel enforcement of the remaining provisions of
this Agreement.
Section 24. SEVERABILITY
If any one or more of the sentences, clauses, paragraphs or sections contained
herein is declared invalid, void or unenforceable by a court of competent jurisdiction,
the same shall be deemed severable from the remainder of this Agreement and shall
not affect, impair or invalidate any of the remaining sentences, clauses, paragraphs or
sections contained herein.
Section 25. VENUE
All proceedings involving disputes over the terms, provisions, covenants or
conditions contained in this Agreement and all proceedings involving any enforcement
action related to this Agreement shall be initiated and conducted in the applicable court
or forum in Riverside County, California.
Section 26. LITIGATION EXPENSES AND ATTORNEY'S FEES
In the event any action, suit or proceeding is brought for the enforcement of, or
the declaration of any right or obligation pursuant to this Agreement or as a result of
any alleged breach of any provision of this Agreement, the prevailing party in such suit
or proceeding shall be entitled to recover its costs and expenses, including reasonable
attorney's fees, from the losing party, and any judgment or decree rendered in such a
proceeding shall include an award thereof.
Section 27. TIME OF THE ESSENCE
Time is of the essence in the performance of this Agreement.
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Section 28. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Consultant, or any
successor in interest, in the event of any default or breach by the city or for any amount
which may become due to Consultant or to its successor, or for any breach of any
obligation of the terms of this Agreement.
Section 29. INTERPRETATION
This Agreement shall not be interpreted against either party on the grounds that
one of the parties was solely responsible for preparing it or caused it to be prepared as
both parties were involved in drafting it.
Section 30. CAPTIONS AND HEADINGS
The captions and headings contained in this Agreement are provided for
identification purposes only and shall not be interpreted to limit or define the content of
the provisions described under the respective caption or heading.
Section 31. GOVERNING LAW
The validity of this Agreement and any of its terms or provisions, as well as the
rights and duties of the parties under this Agreement, shall be construed pursuant to
and in accordance with California law.
Section 32. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties are cumulative and the exercise
by either party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the same default
or any other default by the other party.
Section 33. NO THIRD PARTY BENEFICIARIES
The parties do not intend the benefits of this Agreement to inure to any third
party, nor shall any provision of this Agreement be so construed.
Section 34. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be
deemed to be an original.
Section 35. REPRESENTATIONS OF PARTIES AND PERSONS
EXECUTING AGREEMENT
A. Each of the parties to this Agreement hereby represents that all necessary
and appropriate actions of their governing bodies have been taken to make this
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Agreement a binding obligation of each of the parties hereto.
B. The persons executing this Agreement warrant that they are duly
authorized to execute this Agreement on behalf of and bind the parties each purports to
represent.
Section 36. PRINCIPAL REPRESENTATIVE
A. John Douglas is designated as the principal representative of Consultant
responsible for undertaking, managing and supervising the performance of all of the
services set forth in the Scope of Services for this Agreement.
1. Unless otherwise authorized by City in writing, the principal
representative shall perform all such services, including, without limitation, attending all
meetings and public hearings required under the Scope of Services.
2. Consultant hereby commits this designated principal representative
to the performance of the Scope of Services, until completion thereof or termination of
this Agreement, as provided herein. The experience, knowledge, capability and
reputation of these principal representatives were all substantial inducements for the
City to enter into this Agreement, and as such, for the purposes of performing the
Scope of Services of this Agreement, the duties of the principal representatives shall
not be reassigned, without the express written consent of both parties.
B. The Community Development Director shall be the principal
representative of the City for purposes of communicating with Consultant on any matter
associated with the performance of the services set forth in this Agreement.
[THIS PORTION IS INTENTIONALLY BLANK]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed as of the date first written above.
City of Cathedral City: J.H. Douglas, Associates:
By: (le, 00 I By: � :i. —
Andy Hall i Do • as
City Manager ip- d Owner
By:
Tami cott
Risk anager
ATTEST:
By: oPP.,
Pat Hammers, City Clerk
APPROVED AS TO FORM:
By:
Charles R. Green, City Attorney
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EXHIBIT "A"
Scope of Work
Task 1 Task 1 entails the research, analysis, writing and production of the
Housing Element 2013 Housing Element document for review by City staff, decision-
Preparation makers, the public, and State HCD. The ultimate goal is the
adoption of a Housing Element that achieves the City's policy
objectives while also receiving HCD certification. The 2013 element
will include a comprehensive update of all sections as necessary in
order to reflect the City's accomplishments since the previous
element was prepared, new demographic and housing data, any
recent changes in policies and regulations, an updated RHNA
analysis, and new or revised implementation programs.
1.1 Administrative An Administrative Draft Housing Element will be prepared to reflect
Draft Housing current conditions, goals, policies, quantified objectives, and
Element implementation programs describing the City's housing strategy for
the 2013-2021 planning period. Policies and programs will be
updated based on lessons learned during the previous planning
period and where appropriate, refinements will be recommended.
The draft Housing Element will include all of the items required by
state law, as described below. The budget assumes that staff
comments will be incorporated into the complete Administrative
Draft Element, with one subsequent review of the complete
document.
Evaluation of the Previous Housing Element. This task involves the
review and evaluation of the previous Housing Element, including
appropriateness of goals and policies, the effectiveness of
programs, and the City's progress in meeting quantified objectives.
Since much of the information needed for this evaluation is
contained in City records, the budget assumes that City staff will
assist in gathering the required information regarding program
accomplishments in the previous planning period.
Needs Assessment. A fundamental component of the Housing
Element is an identification of the community's needs. Data sources
to be utilized include the U.S. Census, state Department of Finance
population and housing trends, state Employment Development
Department job statistics and forecasts, the County's most recent
available Point-in-Time homeless survey, and real estate market
data. The Regional Housing Needs Assessment prepared by SCAG
identifies growth needs for the new planning period. The needs
assessment will include all of the items required by California
Government Code §65583(a) and Department of Housing and
Community Development "Building Blocks" guidelines. The budget
assumes that City staff will assist in identifying the current inventory
of assisted housing projects and their eligibility to convert to market
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rate. If it is determined that there are units "at risk", Consultant will
prepare the required analysis. The budget assumes that adequate
information regarding the number of housing units in need of
rehabilitation or replacement can be obtained from the
observations and professional judgment of Code Enforcement,
Planning and Building Department staff rather than a new field
survey. HCD generally does not require a new field survey of housing
conditions. However, if it is determined that field work is necessary, it
can be completed as an optional task,* or City staff can conduct
the survey under Consultant guidance.
Resources and Opportunities. The analysis of resources and
opportunities will focus on the following topics.
• Land inventory/site analysis and an evaluation of the
relationship of zoning and public facilities to serve these sites.
•
• Financial and administrative resources, including federal,
state and local housing assistance programs.
+ Analysis of opportunities for energy conservation.
SCAG's Regional Council adopted the new RHNA allocations in
October 2012. The RHNA allocation for Cathedral City for the 2014-
2021 planning period is 600 units, with 236 of those in the very-low-
and low-income categories. It is assumed that City staff will assist
Consultant in identifying any changes to the status of properties in
the previous Housing Element land inventory along with specific site
information (e.g., parcel ID numbers, parcel size, General
Plan/zoning designations, entitlement status, and information
regarding development interest and timing).
Constraints.The constraints analysis will include the following issues:
+ Governmental constraints, including land use plans and
regulations, zoning districts, development standards,
improvement requirements, fees, and processing
procedures will be analyzed. The budget assumes that City
staff will assist in this process by identifying any changes to
plans, regulations, procedures, standards, fees, and other
potential governmental constraints that have occurred
since the previous Housing Element was prepared.
• Non-governmental constraints will be evaluated, including
land and construction cost, financing cost and availability,
environmental conditions (e.g., flood hazards, geotechnical
problems, sensitive biological habitat) and infrastructure
(particularly water and wastewater treatment capacity). It is
assumed that the City's Public Works/Engineering staff will
provide information to assist in the analysis.
Housing Plan. The analysis of needs, resources, opportunities and
constraints, together with the evaluation of the previous Housing
Element, will provide guidance in identifying areas where policies
and programs should be refined to better accomplish the City's
objectives or address changes in state law. Consultant will work with
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staff and decision-makers to identify policy options and refine the
goals, policies, and programs as necessary. The experience of City
staff who are involved in program implementation will be especially
valuable in this regard
Products
+ Administrative Draft Housing Element document (3 hard
copies +electronic file)
(Note: If desired, additional copies of documents can be provided
on a time-and-materials basis)
1.2 Public Review A Public Review Draft Element will then be prepared incorporating
Draft Housing staff comments. One round of review is assumed. The Public Review
Element Draft Element will be made available to the public (see Task 2 -
Public Participation) and submitted to HCD for review.
Products
▪ Public Review Draft Housing Element (1 master+electronic
file)
1.3 Proposed Final The ultimate goal of the Housing Element update process is to
Housing adopt and implement an element that meets the City's policy
Element objectives and priorities while also receiving a finding of substantial
compliance ("certification") by HCD. Timely adoption and
certification of the Housing Element is important for several reasons-
to maintain eligibility for grant funds, to ensure a legally adequate
General Plan, to maintain local control of the land use planning
process, to avoid a RHNA carryover to the next planning period,
and to avoid a 4-year update schedule under SB 375.
After receipt of HCD's comments on the Public Review Draft
Housing Element, Consultant will work with staff to revise the
element if necessary to address the state's concerns. Consultant will
prepare a summary matrix following the points raised in HCD's
review letter along with a tracked version of the revised draft
element so that all parties can easily see the City's responses to
HCD comments.
Based on Consultant's experience preparing Housing Elements in
many other jurisdictions throughout California over the past 30
years, it is anticipated that HCD approval will be received in not
more than two official submittals. The strategy is to schedule a
conference call with HCD's reviewer midway through the 60-day
review period to allow refinements prior to HCD's issuance of their
review letter.
Products
+ Review and analysis of HCD comments
• Meetings/conference calls to review HCD comments with
City and HCD staff
+ Matrix summarizing HCD comments and proposed changes
to the Draft Housing Element (electronic file)
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+ Preparation of a Revised Draft Housing Element for
consideration by decision-makers (1 master+ electronic file)
1.4 Final Housing Following acceptance of the revised draft element by HCD, public
Element hearings will be held by the Planning Commission and City Council
for final adoption. Consultant will make any additional revisions to
the document to address Planning Commission comments prior to
consideration by the City Council. Further refinements, if necessary,
will be made to respond to City Council direction. The adopted
element will then be submitted to HCD for final certification.
Products
+ Planning Commission: Proposed Final Housing Element
document (electronic file)
+ City Council: Final Housing Element document (electronic
file)
Task 2 State Housing Element laws requires a diligent effort to involve
Public interested persons and organizations representing all economic
Participation segments of the community in the preparation of Housing Elements.
The budget assumes that the public involvement process will
include one public workshop plus one public hearing each with the
Planning Commission and City Council. Consultant will assist City
staff in compiling a public notification list of interested parties and
preparing public notices. Consultant will also assist the City in
preparing staff reports and will give a presentation and respond to
questions at each meeting. Additional public information materials
(e.g., flyers, FAQs, press releases) can be provided on a time-and-
materials basis if desired.*
The objective is to satisfy all legal requirements for public
involvement, ensure that City decision-makers have the benefit of
transparent and vigorous civic participation in the development of
City housing policy, and that interested parties can see how their
input has been incorporated into the final Housing Element. If
additional meetings are desired, they can be added to the scope
on a time-and-materials basis.*
Products
• Assist staff in preparing a notification list and public notices
• Assist with preparation of staff reports and resolutions
• Attend and give presentations at three public meetings
Task 3 Government Code Section 65302 (AB 162 of 2007) requires the
AB 162 General Plan Safety and Conservation elements to be updated to
include analysis and policies regarding flood hazard and
Compliance management information upon the next revision to the Housing
Element after January 1, 2009. Consultant will review those
elements and advise City staff of any updates that may be
1 Cal. Govt. Code§65583(C)(6)
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necessary. The budget for this task assumes only the review and
assessment of work required, and if desired a supplemental budget
will be recommended if substantial additional work is necessary to
prepare amendments to the Safety and Conservation elements.*
Products
+ Review Conservation and Safety elements for conformance
with Government Code Section 65302(d)(3) and 65302(g)(2)
and (3), and prepare a memo describing amendments to
those elements that may be required.
Task 4 Senate Bill 244 of 2011 amended the Government Code and Water
SB 244 Code to require cities and counties to analyze unincorporated
Compliance island, fringe and legacy communities and amend the Land Use
Element of the General Plan prior to, or concurrent with, the next
update of the Housing Element. This bill also imposes requirements
on Local Agency Formation Commissions (LAFCOs) regarding
annexations and the analysis of municipal services in
disadvantaged unincorporated communities (DUCs). Consultant will
work with Riverside County and LAFCO staff to compile the required
information regarding unincorporated communities and the water,
sewer and fire protection services in these communities for inclusion
in the Land Use Element concurrent with the Housing Element
update.*
Products
+ Data and analysis related to unincorporated island, fringe
and legacy communities pursuant to SB 244
Task 5 The appropriate type of environmental review for a Housing
CEQA Compliance Element update is determined primarily by the policies and
programs contained in the Housing Plan. While an Initial
Study/Negative Declaration (IS/ND) is the appropriate CEQA
documentation for many Housing Element updates, other options
may be appropriate such as an Addendum to a General Plan EIR.
The decision regarding the appropriate CEQA documentation will
be made by the City as Lead Agency. Since the City rezoned
additional land for high-density housing as part of the previous
Housing Element cycle, it is expected that no land use changes will
be necessary for the 2013 element and therefore either a IS/ND or
Addendum should be the appropriate CEQA document. Using an
addendum rather than a Negative Declaration has some
advantages over other options, such as an abbreviated public
review process, and Consultant has successfully used this approach
in similar situations. It is assumed that the City will be responsible for
distributing and filing documents, as well as any related fees.
Products
• Screencheck Draft IS/ND or Addendum (electronic file)
• Public Review Draft IS/ND or Addendum (master+electronic
file)
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+ Responses to Comments, if needed (electronic file)
+ Notice of Determination for filing by the City (electronic file)
Task 6 Consultant's approach to project management is to anticipate the
Project City's needs and take personal responsibility for the final success of
Management the project. Consultant will maintain regular contact with City staff,
and make themselves available in whatever capacity is desired by
the City. Most communications will occur via telephone and e-mail;
however, on-site working meetings with staff will occur at critical
stages of the project and are assumed in the budget.
Products
• Regular coordination with City staff via telephone or e-mail
+ On-site working meetings, as necessary
*It is anticipated that much of the data needed to comply with the
SB 244 analysis will be available through the Thousand Palms Plan for
Services fiscal analysis being prepared by Ralph Andersen and
Associates; therefore, a reallocation of resources may be achieved
to enable additional work that may be necessary relative to either
optional or required tasks.
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EXHIBIT "B"
Performance Schedule
The following timeline identifies milestones for the major
components of the Housing Element update leading to adoption
of the element by the statutory due date of October 15, 2013.
Obtaining state HCD approval generally requires a significant
portion of the overall schedule, which is affected by the specific
issues raised during the review process. The approach is to work
informally with HCD staff during the 60-day review period to
address concerns prior to issuance of their review letter.
March 2013 Administrative Draft Housing Element to staff for review
April 2013 Staff review of Administrative Draft Housing Element
May 2013 Preparation of Public Review Draft Housing Element and CEQA
documentation
Public workshop to review Draft Housing Element
Submit Draft Housing Element to HCD (60-day review)
June 2013 Prepare AB 162 and SB 244 analyses
July 2013 HCD comments on Draft Housing Element
August 2013 Prepare responses to HCD comments
Sept-Oct 2013 Planning Commission & City Council adoption hearings; submit
adopted element to HCD
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EXHIBIT "C"
Schedule of Charges
Total
Task Description JD SP WP Hours Cost
1.0 Housing Element Preparation
-Admin. Draft Housing Element 48 44 10 102 $11,050
-Public Review Draft Housing Element 8 2 10 $1,130
-Proposed Final Housing Element 8 $1,000
-Final Housing Element 6 1 $815
2.0 Public Participation
-Public Workshops/Hearings(3 total) 36 36 $4,500
3.0 AB 162 Analysis 6 6 $1,350
4.0 SB 244 Analysis 4 16 $2,100
5.0 CEQAAnalysis 12 $1,500
6.0 Protect Management 6 6 $750
Total Labor 134 66 13 213 $24,195
Hourly Rate $125 $100 $65
Reimbursable Expenses (See table below) $550
Total Labor+Expenses $24,745
Contingency* $2,255
Total Contract Amount $27,000
JD=John Douglas,AICP,Project Manager
SP=Senior Planner
WP=Word Processing
Estimated Reimbursable Expenses
Travel/mileage No charge
Printing/graphics/supplies $500
Postage/deliveries $50
Total $550
*Contingency funds shall not be used without the City's prior authorization
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EXHIBIT "D"
Exemption from Workers Compensation Insurance
J. H. Douglas & Associates
Planning Consultants
February 21, 2013
Leisa Lukes, City Planner
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Dear Ms. Lukes,
Subject: Workers Compensation Insurance
J.H. Douglas & Associates is a sole proprietorship with no employees, and therefore is
exempt from the requirement to provide state workers compensation insurance. Please
call me at 714-628-0464 if you have any questions.
k. ,• i
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Sincerely,
J.H. DOUGLAS& ASSOCIATES
John Douglas, AICP
Principal
13142 Rosalind Drive,Santa Ana, CA 92705 Tel: 714.628.0464 Fax: 714.628.0330 Email:
John @JHDplanning.com
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