Loading...
HomeMy WebLinkAboutContract 1539 . a , \C5°I ORIGINAL L.- 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. I ' 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 2 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 3 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. 4 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 5 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; 6 (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 7 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 8 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. 9 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: 10 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. • 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 11 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. 12 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 13 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] 14 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 15 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 -1- 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 -2- 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) -3- + 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) -4- 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) -5- + 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. -6- 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 -7- 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 -8- 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 1 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 -9-