2013-14 Terra Nova - 2013 Housing ElementPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and Terra Nova Planning and Research, Inc. ("Consultant"). The parties
hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to 2013 Housing Element
Update, Project No. LA�, as specified in the "Scope of Services" attached hereto as
Exhibit "A" and incorporated herein by this reference (the "services" or "work").
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.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the
City of La Quinta and any Federal, State or local governmental agency of competent
jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits and
approvals as may be required by law for the performance of the services required by
this Agreement. Consultant shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed
by law and arise from or are necessary for the performance of the services required by
this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
(a) it has thoroughly investigated and considered the work to be performed, (b) it has
investigated the site of the work and fully acquainted itself with the conditions there
existing, (c) it has carefully considered how the work should be performed, and (d) it
fully understands the facilities, difficulties and restrictions attending performance of the
work under this Agreement. Should Consultant discover any latent or unknown
conditions materially differing from those inherent in the work or as represented by City,
Consultant shall immediately inform City of such fact and shall not proceed except at
Consultant's risk until written instructions are received from the Contract Officer (as
defined in Section 4.2 hereof).
1.5 Care of Work and Standard of Work.
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a. Care of Work. Consultant shall adopt reasonable methods during the life of
the 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, and shall be responsible for all such damages, to persons or property, until
acceptance of the work by City, except such losses or damages as may be caused by
City's own negligence. 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 City, when such inaccuracies are due to the negligence of
Consultant.
b. Standard of Work. Consultant acknowledges and understands that the
services and work contracted for under this Agreement require specialized skills and
abilities and that, consistent with this understanding, Consultant's services and work will
be held to a heightened standard of quality and workmanship. Consistent with Section
1.4 hereinabove, Consultant represents to City that it holds the necessary skills and
abilities to satisfy the heightened standard of work as set forth in this Agreement.
1.6 Additional Services. In accordance with the terms and conditions of this
Agreement, Consultant shall perform services in addition to those specified in the Scope
of Services ("Additional Services") when directed to do so by the Contract Officer.
Consultant shall not perform any Additional Services until receiving prior written
authorization from the Contract Officer. It is specifically understood and agreed that oral
requests and/or approvals of Additional Services shall be barred and are
unenforeceable. Failure of Consultant to secure the Contract Manager's written
authorization for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time due, whether by way of compensation,
restitution, quantum meruit, etc. for Additional Services provided without the appropriate
authorization from the Contract Manager. Compensation for properly authorized
Additional Services shall be made in accordance with Section 2.2 of this Agreement.
1.7 Special Requirements. Additional terms and conditions of this Agreement, if
any, which are made a part hereof are set forth in Exhibit "D" (the "Special
Requirements"). In the event of a conflict between the provisions of the Special
Requirements and any other provisions of this Agreement, the provisions of the Special
Requirements shall govern.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of
Compensation") in a total amount not to exceed Twenty -Nine Thousand, Eight Hundred
Fifty -Five Dollars ($29 8, 55,00) (the "Contract Sum"), except as provided in Section 1.6.
The method of compensation set forth in the Schedule of Compensation may include a
lump sum payment upon completion, payment in accordance with the percentage of
completion of the services, payment for time and materials based upon Consultant's
rate schedule, but not exceeding the Contract Sum, or such other methods as may be
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specified in the Schedule of Compensation. Compensation may include reimbursement
for actual and necessary expenditures for reproduction costs, transportation expense,
telephone expense, and similar costs and expenses when and if specified in the
Schedule of Compensation. Regardless of the method of compensation set forth in the
Schedule of Compensation, Consultant's overall compensation shall not exceed the
Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional
Services."
2.2 Compensation for Additional Services. Additional services approved in
advance by the Contract Manager pursuant to Section 1.6 of this Agreement,
"Additional Services," shall be paid for in an amount agreed to in writing by both City
and Consultant in advance of the Additional Services being rendered by Consultant.
Any compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer. Any greater amount of
compensation for additional services must be approved by the La Quinta City Council.
Under no circumstances shall Consultant receive compensation for any Additional
Services unless prior written approval for the Additional Services is obtained from the
Contract Officer pursuant to Section 1.6 of this Agreement.
2.3 Method of Billing. Any month in which Consultant wishes to receive
payment, Consultant shall submit to City no later than the tenth (10th) working day of
such month, in the form approved by City's Finance Director, an invoice for services
rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the
services provided, including time and materials, and (2) specify each staff member who
has provided services and the number of hours assigned to each such staff member.
Such invoice shall contain a certification by a principal member of Consultant specifying
that the payment requested is for work performed in accordance with the terms of this
Agreement. City will pay Consultant for all expenses stated thereon which are
approved by City pursuant to this Agreement no later than thirty (30) days after invoices
are received by the City's Finance Department.
3.0 PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed diligently and within the time period established in Exhibit C (the
"Schedule of Performance"). Extensions to the time period specified in the Schedule of
Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure. The time period specified in the Schedule of Performance for
performance of the services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Consultant, including, but not restricted to, acts of God or of the
public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
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freight embargoes, acts of any governmental agency other than City, and unusually
severe weather, if Consultant shall within ten (10) days of the commencement of such
delay notify the Contract Officer in writing of the causes of the delay. The Contract
Officer shall ascertain the facts and the extent of delay, and extend the time for
performing the services for the period of the forced delay when and if in his or her
judgment such delay is justified, and the Contract Officer's determination shall be final
and conclusive upon the parties to this Agreement. Extensions to the Schedule of
Performance which are determined by the Contract Officer to be justified pursuant to
this Section shall not entitle the Consultant to additional compensation in excess of the
Contract Sum.
3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of
this Agreement, the term of this agreement shall commence on February 11, 2013_and
terminate on January 3, 2014_(initial term). This agreement may be extended for up to
three (3) months,) upon mutual agreement by both parties (extended term).
4.0 COORDINATION OF WORK
4.1 Representative of Consultant. The following principals of Consultant are
hereby designated as being the principals and representatives of Consultant authorized
to act in its behalf with respect to the work specified herein and make all decisions in
connection therewith:
a. Nicole Sauviat Criste
b. Olivia A. Ervin
c. Kelly Clark
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing principals shall be responsible during the term
of this Agreement for directing all activities of Consultant and devoting sufficient time to
personally supervise the services hereunder.
The foregoing principals may not be changed by Consultant and no other
personnel may be assigned to perform the service required hereunder without the
express written approval of City.
4.2 Contract Officer. The Contract Officer shall be the Community Development
Director or such other person as may be designated by the City Manager of City. It
shall be Consultant's responsibility to assure that the Contract Officer is kept informed of
the progress of the performance of the services and Consultant shall refer any
decisions, which must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer.
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4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees were a
substantial inducement for City to enter into this Agreement. Except as set forth in this
Agreement, Consultant shall not contract with any other entity to perform in whole or in
part the services required hereunder without the express written approval of City. In
addition, neither this Agreement nor any interest herein may be assigned or transferred,
voluntarily or by operation of law, without the prior written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor of
City and shall remain at all times as to City a wholly independent contractor with only
such obligations as are consistent with that role. Consultant shall not at any time or in
any manner represent that it or any of its agents or employees are agents or employees
of City.
4.5 City Cooperation. City shall provide Consultant with any plans, publications,
reports, statistics, records or other data or information pertinent to services to be
performed hereunder which are reasonably available to Consultant only from or through
action by City.
5.0 INSURANCE
5.1 Insurance. Prior to the beginning of and throughout the duration of the Work
performed under this Agreement, Consultant shall procure and maintain, at its cost, and
submit concurrently with its execution of this Agreement, Commercial General Liability
insurance against all claims for injuries against persons or damages to property
resulting from Consultant's acts or omissions rising out of or related to Consultant's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
Consultant's performance hereunder and neither City nor its insurers shall be required
to contribute to any such loss. A certificate evidencing the foregoing and naming City
and its officers and employees as additional insured (on the Commercial General
Liability policy only) shall be delivered to and approved by City prior to commencement
of the services hereunder.
The following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A -:VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Commercial Auto Liability (at least as broad as ISO CA 0001)
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$1,000,000 (per accident)
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Consultant shall carry automobile liability insurance of $1,000,000 per accident
against all claims for injuries against persons or damages to property arising out of the
use of any automobile by Consultant, its officers, any person directly or indirectly
employed by Consultant, any subcontractor or agent, or anyone for whose acts any of
them may be liable, arising directly or indirectly out of or related to Consultant's
performance under this Agreement. If Consultant or Consultant's employees will use
personal autos in any way on this project, Consultant shall provide evidence of personal
auto liability coverage for each.such person. The term "automobile" includes, but is not
limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads.
The automobile insurance policy shall contain a severability of interest clause providing
that coverage shall be primary for losses arising out of Consultant's performance
hereunder and neither City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be
written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the consultant and "Covered Professional Services" as designated in the
policy must specifically include work performed under this agreement. The policy limit
shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay
on behalf of the insured and must include a provision establishing the insurer's duty to
defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Consultant shall carry Workers' Compensation Insurance in accordance with State
Worker's Compensation laws with employer's liability limits no less than $1,000,000 per
accident or disease.
All insurance required by this Section shall be kept in effect during the term of this
Agreement and shall not be cancelable without written notice to City of proposed
cancellation. The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Consultant's obligation to
indemnify City, its officers, employees, contractors, subcontractors, or agents.
5.2 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
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b. Order Consultant to stop work under this Agreement and/or withhold
any payment(s) which become due to Consultant hereunder until Consultant
demonstrates compliance with the requirements hereof.
c. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Consultant's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which
Consultant may be held responsible for payments of damages to persons or property
resulting from Consultant's or its subcontractors' performance of work under this
Agreement.
5.3 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Consultant also agrees to require all contractors, and subcontractors to
do likewise.
2. No liability insurance coverage provided to comply with this Agreement
shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of
subrogation prior to a loss. Consultant agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all contractors
and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contractor and available
or applicable to this agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would
serve to eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval,
modification and additional requirements by the City, as the need arises. Consultant
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shall not make any reductions in scope of coverage (e.g. elimination of contractual
liability or reduction of discovery period) that may affect City's protection without City's
prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional
insured endorsement to Consultant's general liability policy, shall be delivered to City at
or prior to the execution of this Agreement. In the event such proof of any insurance is
not delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Consultant or deducted from sums due Consultant, at City option.
S. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Consultant or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other insurance or
self insurance available to City.
9. Consultant agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Consultant,
provide the same minimum insurance coverage required of Consultant. Consultant
agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that such coverage is provided in conformity with the requirements of this
section. Consultant agrees that upon request, all agreements with subcontractors and
others engaged in the project will be submitted to City for review.
10. Consultant agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will not
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
to self -insure its obligations to City. If Consultant's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Consultant,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of the contract to
change the amounts and types of insurance required by giving the Consultant ninety
(90) days advance written notice of such change. If such change results in substantial
additional cost to the Consultant, the City will negotiate additional compensation
proportional to the increased benefit to City.
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12. For purposes of applying insurance coverage only, this Agreement will
be deemed to have been executed immediately upon any party hereto taking any steps
that can be deemed to be in furtherance of or towards performance of this Agreement.
13. Consultant acknowledges and agrees that any actual or alleged failure
on the part of City to inform Consultant of non-compliance with any insurance
requirement in no way imposes any additional obligations on City nor does it waive any
rights hereunder in this or any other regard.
14. Consultant will renew the required coverage annually as long as City, or
its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether or not the agreement is canceled or
terminated for any reason. Termination of this obligation is not effective until City
executes a written statement to that effect.
15. Consultant shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Consultant's insurance agent to this effect is acceptable. A certificate of insurance
and/or additional insured endorsement as required in these specifications applicable to
the renewing or new coverage must be provided to City within five (5) days of the
expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit
the obligations of Consultant under this agreement. Consultant expressly agrees not to
use any statutory immunity defenses under such laws with respect to City, its
employees, officials and agents.
17. Requirements of specific coverage features or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as
a waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct
from any other provision in this agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Section supersede all other sections and
provisions of this Agreement to the extent that any other section or provision conflicts
with or impairs the provisions of this Section.
20. Consultant agrees to be responsible for ensuring that no contract used
by any party involved in any way with the project reserves the right to charge City or
Consultant for the cost of additional insurance coverage required by this agreement.
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Any such provisions are to be deleted with reference to City. It is not the intent of City
to reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
21. Consultant agrees to provide immediate notice to City of any claim or
loss against Consultant arising out of the work performed under this agreement. City
assumes no obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve City.
6.0 INDEMNIFICATION.
6.1 General Indemnification Provision.
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by
law, Consultant shall indemnify, protect, defend and hold harmless City and any and all
of its officials, employees and agents ("Indemnified Parties") from and against any and
all claims, losses, liabilities of every kind, nature and description, damages, injury
(including, without limitation, injury to or death of an employee of Consultant or
subconsultants), costs and expenses of any kind, whether actual, alleged or threatened,
including, without limitation, incidental and consequential damages, court costs,
attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses
incurred in connection therewith and costs of investigation, to the extent same are
caused in whole or in part by any negligent or wrongful act, error or omission of
Consultant, its officers, agents, employees or subconsultants (or any entity or individual
that Consultant shall bear the legal liability thereof) in the performance of professional
services under this agreement. With respect to the design of public improvements, the
Consultant shall not be liable for any injuries or property damage resulting from the
reuse of the design at a location other than that specified in Exhibit A without the written
consent of the Consultant.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant
shall indemnify, defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this Agreement by Consultant or by any individual or entity for which Consultant is
legally liable, including but not limited to officers, agents, employees or subconsultants
of Consultant.
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6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth herein this section from
each and every subconsultant or any other person or entity involved by, for, with or on
behalf of Consultant in the performance of this agreement. In the event Consultant fails
to obtain such indemnity obligations from others as required herein, Consultant agrees
to be fully responsible according to the terms of this section. Failure of City to monitor
compliance with these requirements imposes no additional obligations on City and will
in no way act as a waiver of any rights hereunder. This obligation to indemnify and
defend City as set forth herein is binding on the successors, assigns or heirs of
Consultant and shall survive the termination of this agreement or this section.
a. Indemnity Provisions for Contracts Related to Construction. Without
affecting the rights of City under any provision of this agreement, Consultant shall not
be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction. In instances
where City is shown to have been actively negligent and where City's active negligence
accounts for only a percentage of the liability involved, the obligation of Consultant will
be for that entire portion or percentage of liability not attributable to the active
negligence of City.
b. Indemnification Provision for Design Professionals.
1. Applicability of Section 6.2(b). Notwithstanding Section 6.2(a)
hereinabove, the following indemnification provision shall apply to Consultants who
constitute "design professionals" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by law,
Consultant shall indemnify, defend, and hold harmless City and City's agents, officers,
officials, employees, representatives, and departments ("Indemnified Parties") from and
against any and all claims, losses, liabilities of every kind, nature and description,
damages, injury (including, without limitation, injury to or death of an employee of
Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged
or threatened, including, without limitation, incidental and consequential damages, court
costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, that arise out of,
pertain to, or relate to, directly or indirectly, in whole or in part, the negligence,
recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or
indirectly employed by them or anyone that they control.
3. Design Professional Defined. As used in this Section 6.2(b), the
term "design professional" shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
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7.0 RECORDS AND REPORTS.
7.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning Consultant's performance of the services required by
this Agreement as the Contract Officer shall require.
7.2 Records. Consultant shall keep such books and records as shall be
necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the cost and the performance of such services. Books and records
pertaining to costs shall be kept and prepared in accordance with generally accepted
accounting principals. The Contract Officer shall have full and free access to such
books and records at all reasonable times, including the right to inspect, copy, audit,
and make records and transcripts from such records.
7.3 Ownership of Documents. Originals of all drawings, specifications, reports,
records, documents and other materials, whether in hard copy or electronic form, which
are prepared by Consultant, its employees, subcontractors and agents in the
performance of this Agreement, shall be the property of City and shall be delivered to
City upon termination of this Agreement or upon the earlier request of the Contract
Officer, and Consultant shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights of ownership of the
documents and materials hereunder. Consultant shall cause all subcontractors to
assign to City any documents or materials prepared by them, and in the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all
damages suffered thereby.
In the event City or any person, firm or corporation authorized by City reuses said
documents and materials without written verification or adaptation by Consultant for the
specific purpose intended and causes to be made or makes any changes or alterations
in said documents and materials, City hereby releases, discharges, and exonerates
Consultant from liability resulting from said change. The provisions of this clause shall
survive the completion of this Contract and shall thereafter remain in full force and
effect.
7.4 Release of Documents. The drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer or as required by law. Consultant shall not disclose to any other
entity or person any information regarding the activities of City, except as required by
law or as authorized by City.
8.0 ENFORCEMENT OF AGREEMENT.
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8.1 California Law. This Agreement shall be construed and interpreted both as
to validity and to performance of the parties in accordance with the laws of the State of
California. Legal actions concerning any dispute, claim or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a
claim therefore. The injured parry shall continue performing its obligations hereunder so
long as the injuring party commences to cure such default within ten (10) days of
service of such notice and completes the cure of such default within forty-five (45) days
after service of the notice, or such longer period as may be permitted by the Contract
Officer; provided that if the default is an immediate danger to the health, safety and
general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any parry's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to Section 8.7.
8.3 Retention of Funds. City may withhold from any monies payable to
Consultant sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Consultant in
the performance of the services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non
defaulting party on any default shall impair such right or remedy or be construed as a
waiver. City's consent or approval of any act by Consultant requiring City's consent or
approval shall not be deemed to waive or render unnecessary City's consent to or
approval of any subsequent act of Consultant. Any waiver by either party of any default
must be in writing and shall not be a waiver of any other default concerning the same or
any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. 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.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
Last revised 7-3-12 13
injunctive relief, or to obtain any other remedy consistent with the purposes of this
Agreement.
8.7 Termination Prior To Expiration Of Term. This section shall govern any
termination of this Agreement, except as specifically provided in the following Section
8.8 for termination for cause. City reserves the right to terminate this Agreement at any
time, with or without cause, upon thirty (30) days' written notice to Consultant. Upon
receipt of any notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all services rendered prior to receipt of
the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be
approved by the Contract Officer, except as provided in Section 8.3.
8.8 Termination for Default of Consultant. If termination is due to the failure of
Consultant to fulfill its obligations under this Agreement, City may, after compliance with
the provisions of Section 8.2, take over work and prosecute the same to completion by
contract or otherwise, and Consultant shall be liable to the extent that the total cost for
completion of the services required hereunder exceeds the compensation herein
stipulated (provided that City shall use reasonable efforts to mitigate such damages),
and City may withhold any payments to Consultant for the purpose of setoff or partial
payment of the amounts owed City as previously stated in Section 8.3.
8.9 Attorneys' Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement, the prevailing party shall be entitled
to recover reasonable attorneys' fees and costs of suit from the losing party.
9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer or employee of City
shall be personally liable to Consultant, or any successor in interest, in the event or any
default or breach by City or for any amount which may become due to Consultant or to
its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of City shall have any personal
interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his or her personal
interest or the interest of any corporation, partnership or association in which she or he
is, directly or indirectly, interested, in violation of any State statute or regulation.
Consultant warrants that it has not paid or given and will not pay or give any third party
any money or general consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Consultant covenants that, by and for
itself, its heirs, executors, assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of
persons on account of race, color, creed, religion, sex, marital status, national origin or
Last revised 7-3-12 14
ancestry in the performance of this Agreement. Consultant shall take affirmative action
to insure that applicants are employed and that employees are treated during
employment without regard to their race, color, creed, religion, sex, marital status,
national origin or ancestry.
10.0 MISCELLANEOUS PROVISIONS
10.1 Notice. Any notice, demand, request, consent, approval, communication
either party desires or is required to give the other party or any other person shall be in
writing and either served personally or sent by prepaid, first-class mail to the address
set forth below. Either party may change its address by notifying the other party of the
change of address in writing. Notice shall be deemed communicated forty-eight (48)
hours from the time of mailing if mailed as provided in this section.
To City:
CITY OF LA QUINTA
Attention: Frank Spevacek,
City Manager
78495 Calle Tampico
La Quinta, California 92253
To Consultant:
TERRA NOVA PLANNING AND RESEARCH, INC.
Attention: Nicole Sauviat Criste,
Principal
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
10.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and all previous understanding, negotiations and agreements are integrated into
and superseded by this Agreement.
10.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing signed by both parties.
10.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections contained in this Agreement shall be declared invalid
or unenforceable by a valid judgment or decree of a court of competent jurisdiction,
such invalidity or unenforceability shall not affect any of the remaining phrases,
sentences, clauses, paragraphs, or sections of this Agreement which are hereby
declared as severable and shall be interpreted to carry out the intent of the parties
hereunder.
10.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
CITY OF LA QUINTA a California municipal corporation
Last revised 7-3-12 15
?pevacek,,City Manager J�at66�pZ/�
A
Susan Maysels, City Cle
APPROVED AS TO FORM:
M. Katherine Jenson, City Attorney
CONSUL'
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Title:
Date: A 11 4►3
Last revised 7-3-12 16
AND RESEARCH, INC.
Frank J. Spevacek, City Manager pate
ATTEST:
Susan Maysels, City Clerk
APP 0 ED AS FO
10. Katherine J nso , City Attorney
CONSULT
,
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Title: V 1 Y' t'Z� t�Flll i
Date: A11413
Last revised 7.3-12 16
AND RESEARCH, INC.
Exhibit A
Scope of Service
Last revised 7-3-12 17
5, •
CITY OF LA QUINTA
HOUSING ELEMENT
PROPOSAL TO PROVIDE
PLANNING & ENVIRONMENTAL SERVICES
Prepared for
City of La Quinta
P. O. Box 1504
La Quinta, CA 92247
Prepared by
r 1
L -A Terra Nova Planning & Research, Inc.
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
(760)341-4800
January 2013
TABLE OF CONTENTS
Page
Cover Letter
1. Terra Nova Qualifications
2. Approach and Methodology
3. Scope of Work 11
4. Project Schedule 13
5. Cost Proposal 14
2
I
L -A TERRA NOVA PLANNING & RESEARCH, INC.
January 21, 2013
Mr. Wally Nesbit and Mr. Les Johnson
City of La Quinta
P. O. Box 1504
La Quinta, CA 92247
RE: Housing Element Update Proposal
Dear Wally and Les
Terra Nova is pleased to submit this proposal to update the City's Housing Element. As you
are both aware, we have been providing comprehensive planning services to the City for a
number of years, and with the recent completion of the General Plan Update, believe that we
are best suited for the Housing Element Update.
We have adhered to the requirements of your Request for Proposals (RFP), with one exception.
Professional references have been provided in Section 1, Statement of Qualifications, rather
than as a separate section at the end of the proposal.
We have made three assumptions regarding this project:
1. That the City will complete the required re -zones included in your 4`h cycle update prior
to the submittal of the 51h cycle update.
2. That the current update will not involve significant policy changes.
3. That the Department of Housing and Community Development's (HCD) Streamlined
Review Program, including the Implementation Review, Completeness Checklist and
Streamlined Update Template will be used in the preparation of this update.
We propose some slight variations to the work program outlined in your RFP, generally
associated with the timing of tasks. Specifically, we recommend that the public workshop be
early in the process; and that the adoption hearing date be changed slightly.
I look forward to discussing this proposal with you in greater detail.
Sincerely,
Nicole Sauviat Criste
Principal
42635 MELANIE PLACE, SUITE 101, PALM DESERT, CA 92211 (760) 341-4800
1. Terra Nova Qualifications
Relevant Project Experience
Terra Nova has completed Housing Element Updates for many of the cities of the Coachella
Valley, and for cities of similar size elsewhere in Riverside and San Bernardino counties.
Specifically, we completed 4`h cycle updates for the cities of Palm Springs, Cathedral City,
Rancho Mirage and Palm Desert; as well as the City of Blythe, and the Towns of Apple Valley
and Yucca Valley. We are currently working on 5`h cycle updates for the cities of Palm Springs,
Rancho Mirage and Palm Desert and the Town of Apple Valley. In previous cycles, we have
also prepared Housing Elements for the City of Big Bear Lake, the City of Needles, and others.
We are particularly proud that our Housing Element clients have relied on us for multiple
Housing Elements, and that we have been able to consistently receive certification from HCD
for our clients. The following Housing Elements and references are representative of our work.
City of Palm Desert Housing Element Update
Terra Nova updated the Housing Element for the City of Palm Desert for the 1998-2006 and
2006-2013 planning periods, and is currently working on its 2014-2021 update. For the 4`h
cycle Update, the City's limited higher density vacant land inventory posed the greatest
challenge, and extensive work was undertaken to identify and characterize sites for re -zoning
to satisfy the City's RHNA. Negotiations with HCD were extensive, but resulted in
certification by HCD.
Reference: Ms. Lauri Aylaian, Director of Community Development, City of Palm Desert,
73510 Fred Waring Drive, Palm Desert, CA 92260. Telephone: 760-346-0611
City of Cathedral City Housing Element Update
Terra Nova has updated the Housing Element for the City of Cathedral City for the last two
cycles, including the 1998-2013 planning period. The 4`h cycle Update required some rezoning
of land to address the City's RHNA, as well as changes to the Zoning Ordinance to address
homeless shelters and transitional housing. The element was certified by HCD and adopted the
City Council.
Reference: Ms. Leisa Lukes, City Planner, City of Cathedral City, 68700 Avenida Lalo
Guerrero, Cathedral City, CA 92234. Telephone: 760-770-0370; or Jan Davison, Director,
Successor Aeencv.760-770-0389
City of Palm Springs Housing Element Update
Terra Nova updated the City of Palm Springs' Housing Element for the 1998-2013 planning
period. As with most Coachella Valley cities, the issues associated with the sites inventory was
critical to this update. Palm Springs, however, did not have as significant an increase in its
RHNA as many cities, which facilitated the effort. Another significant issue was the patchwork
of Agua Caliente Band of Cahuilla Indians lands, which could not be included in the inventory.
The element was certified by HCD and adopted by the City Council
Reference: Mr. Craig Ewing, Director of Planning, City of Palm Springs, 3200 East Tahquitz
Canyon Way, Palm Springs, CA 92262. Telephone: 760-323-8269
4
Town of Apple Valley Housing Element Update
Terra Nova updated the Housing Element for the Town of Apple Valley in conjunction with a
major General Plan Update. The primary issues associated with this Housing Element related
to Apple Valley's very low density development and its ability to meet affordable housing
needs as a result. The Housing Element and General Plan addressed density issues through the
creation of a Mixed Use designation, and the expansion of the inventory of High Density lands.
The element was certified by HCD and adopted by the Town Council.
Reference: Ms. Lori Lamson, Director of Community Development, Town of Apple Valley,
14955 Dale Evans Parkway, Apple Valley, CA 92307. Telephone: 760-240-7000, extension
7204 (please note that Ms. Lamson is currently on medical leave, and can be reached via email
at LLamson@applevalley.org)
City of Rancho Mirage Housing Element Update
Terra Nova updated the Housing Element for the City of Rancho Mirage in 1987 in
conjunction with a General Plan Update, and again for the 1993-1998 and 2006-2013 planning
periods. The primary issue with the 0' cycle Update was associated with the vacant land
inventory, and the need to restrict lands within the newly adopted Section 19 Specific Plan for
affordable housing. The City's RHNA allocation was very high, and required re -zoning of land
within the Specific Plan area. The element was certified by HCD and adopted by the City
Council.
Reference: Mr. Randy Bynder, City Manager, City of Rancho Mirage, 69825 Highway 111,
Rancho Mirage, CA 92270. Telephone: 760-324-4511
Familiarity with the City of La Ouinta
Terra Nova has worked with the City of La Quinta since 1998, assisting in current planning
case work, preparing environmental documents, and most recently updating the City's General
Plan. We have developed a close working relationship with the City, and understand its land
use patterns, vision and commitment to affordable housing. We believe that our deep-seated
knowledge of the City will facilitate the Housing Element process for the 5`h cycle.
Key Personnel
Three Tetra Nova staff members will be assigned to the Housing Element Update. Ms. Nicole
Sauviat Criste will be the Principal in charge of the project, Ms. Olivia Ervin will be the
primary author, and Ms. Kelly Clark will assist in document research and writing. Their
resumes are provided below.
NICOLE SAUVIAT CRISTE
Vice President/Principal Planner
Ms. Criste has led Terra Nova's Housing Element efforts since the firm's inception. Her
experience with Housing Elements has included Palm Desert (2002 and 2011), Rancho
Mirage (1987, 2001 and 2010), Cathedral City (2001 and 2010), Palm Springs (2010), Blythe
(1987, 2001, 2010), Yucca Valley (1989, 2001, 2010), and Apple Valley (2010). For the 3 a
Update cycle (1998-2006), Ms. Criste completed and received certification from HCD for
five Housing Elements. In the 4s' Update cycle (2006-2013), Ms. Criste completed and
received certification from HCD for seven Housing Elements.
Since 1981, Ms. Criste has conducted extensive land use analysis, development design,
market research analysis and marketing strategy development. Her land use/market
feasibility experience has included the analysis and application of demographic research to
determine real estate and development trends, focused marketing campaigns, and to gauge
project feasibility.
With Terra Nova since 1985, Ms. Criste has researched and assisted in the preparation of
environmental documents for all the cities of the Coachella Valley, the U.S. Bureau of Indian
Affairs, Federal Highway Administration, Farmer's Home Administration and the Economic
Development Administration.
Ms. Criste also works extensively in current planning, assisting the cities of La Quinta, Palm
Springs, Banning, San Bernardino, and Yucca Valley in the processing of applications
ranging from Specific Plans to Use Permits. Her experience in this area ranges from the
staffing of planning department to individual case work and preparation of Initial Studies and
Mitigation Monitoring Programs.
Ms. Criste is a graduate of Scripps College with a Bachelor of Arts degree in European
Studies.
OLIVIA A. ERVIN
Senior Planner
Ms. Ervin has been a valued member of the Terra Nova team since early 2007. Since that
time she has been involved in a number of projects in the Coachella Valley, including the
preparation of CEQA Initial Studies, elements of Specific Plans and General Plans and
associated EIRs.
During the 0 Housing Element Update cycle (2006-2013), Ms. Ervin assisted in the research
and development of Housing Elements for the cities of Palm Desert, Rancho Mirage,
Cathedral City and Blythe.
She brings her substantial quantitative analytical abilities to air quality analysis, water
supply/demand modeling, and other statistical and quantitative analysis. Most recently, Ms.
Ervin has been conducting modeling and analysis on greenhouse gas (GHG) emissions and
regulations, climate change science, impact analysis and mitigation strategies.
Most recently, Ms. Ervin has been project planner with responsibility for Caltrans NEPA and
CEQA review and processing for the Ramon Road improvement project and the Cathedral
Canyon/Whitewater River Bridge project. She also recently completed air quality analyses
for the Frank Sinatra roadway widening project in Rancho Mirage and the COD Indio
Education Center EIR.
Ms. Ervin graduated from the University of California, Davis with a Bachelor's degree in
Environmental and Resource Science. This multidisciplinary program emphasized the
biological, chemical, and physical features of environmental resources, as well as the
economic and social considerations associated with their use, conservation, protection, and
management.
KELLY CLARK
Assistant Planner
Ms. Clark joined Terra Nova in 2011. She is a recent graduate of the University of
California, Berkeley, with a Bachelor of Science degree in Conservation and Resource
Studies. Ms. Clark's coursework emphasized sustainable urban development, environmental
policy and community design. With a background in environmental and urban studies, she
provides research and document drafting for environmental documents.
Since joining Terra Nova, Ms. Clark has provided research and analysis required for CEQA
and NEPA documents, local green building policies and various development projects
throughout the Coachella Valley, including Initial Studies for the cities of Desert Hot
Springs, San Bernardino, Hemet and Twenty-nine Palms. She also contributed to the
preparation of the College of the Desert Indio Campus EIR, and is currently part of the team
drafting the College of the Desert West Valley Campus EIR.
2. Approach and Methodology
Our approach and methodology are based on the City's need to complete a Housing Element
Update and the CEQA process in a manner that ensures certification of the Housing Element
within the mandated deadlines.
We propose a simple and straight forward process that results in an updated Housing Element
that can successfully go through the HCD review process and be adopted by the City in time
to meet the newly enacted deadlines, thereby protecting the City from the four year update
requirement. Given the City's recent adoption of its Housing Element, and the reduction of
housing units in the City's Regional Housing Needs Assessment (RHNA), we do not
anticipate significant changes in the goals, policies or programs contained in the adopted
Housing Element.
The following sets out our approach and methodology to complete the tasks involved in this
project.
Project Management and Coordination
Terra Nova applies an integrated team approach to its projects. We will strive to become an
extension of the City's staff, and to mold our work efforts to fit your needs and expectations.
Nicole Sauviat Criste will serve as the primary contact point for City staff, and will manage
all staff members. Our staff will also establish a close and coordinated project management
plan with the City, which will facilitate completion of all project tasks in a timely manner.
We will focus the planning efforts of all team members to complete the planning, analysis
and approval process in the most expeditious and thorough manner possible.
We propose a schedule that will start with a kickoff team meeting, and include a total of four
team meetings as the project proceeds. We would anticipate that these meetings will occur
every four to six weeks, and will be based on tasks accomplished and the review of draft
document materials. These meetings will include review of data, comprehensive review of
adopted policies and programs, evaluation of the vacant land inventory, and evaluation of
potential changes required to meet the needs of the City and State law.
Timelines and Deadlines
This update of the Housing Element is the first for which there is a penalty for late submittal
and adoption. With the enactment of SB 375, the City must now have an adopted Housing
Element within 120 days of its due date. The due date is tied to SCAG's adoption of the
Regional Transportation Plan — in this case October of 2013. Therefore, the City must have
an adopted Housing Element no later than February of 2014. It is important to note that
adoption of the Housing Element does not require certification of the Housing Element by
HCD.
Our approach in developing the City's Housing Element will be to assure adoption by the
City Council in October of this year, and certification by mid -December of this year. This
varies somewhat from the City's timeline in the RFP, but we believe this is the correct
strategy because:
E
o Although it is possible that the first draft submitted to HCD could be accepted as
complete, our experience has shown that there is always something that HCD wants
changed in the first draft, and a second review will be necessary.
o The City can adopt the Housing Element 90 days after its first submittal to HCD,
without the incorporation of changes required by HCD. This however, would almost
certainly require a second adoption, once changes are made to satisfy HCD.
o HCD has been willing to work with cities and review individual pieces of text for the
amendments that they require, during and after the formal review period. We would
therefore recommend that during the review period, and for a period of 30 days after
receipt of the first review comments, we work with City staff and HCD in editing the
document and making the required changes.
o When the revisions are complete, and upon submittal of the second draft to HCD, we
believe that there will be a sufficient level of comfort that the changes will be
accepted, and we can proceed to hearing before both the Planning Commission and
City Council.
o This approach significantly lowers the risk of having to adopt the document twice —
once before HCD has been satisfied, and once after. It also assures that the document
is adopted well before the February 2014 deadline, and that the City remains on an 8
year update schedule.
Data Collection/Information Gathering
Terra Nova will build upon the data and information already contained in the Housing
Element. Data collection sources will include US Census (including 2010 Census and
American Community Survey data); data from various local, regional and state sources
(including the City, County of Riverside, State Department of Finance, HCD, Employment
Development Department, and other sources); and data from third party market data sources,
as needed. As with all parts of the Housing Element Update, we will establish a "Track
Changes" system for all changes to the City's document, as part of HCD's streamlining
process.
Community Outreach
State law mandates a community outreach process for the development of the Housing
Element. The City's RFP specifies one workshop, to be held during the public review period,
and concurrent with HCD's first review of the document. We propose a variation from this
schedule. HCD operates on the belief that input should be sought early in the process, while
the Housing Element is being developed. We therefore propose that the workshop be held in
March or April of this year, and that the intent of the workshop be to solicit input on the
content of the document prior to its being drafted.
Working with City resources and contacts, a list of invitees will be prepared that focuses on
affordable housing developers, community organizations and neighborhood activists. This
workshop should focus on the needs of the invitees in developing housing for very low, low
and moderate income households, particularly in light of the elimination of redevelopment in
California. Working with City staff, we will prepare presentation materials, and coordinate
presentations for the workshop.
Housing Element Update
As described above, Terra Nova will act as an extension of staff in the preparation of the
Housing Element Update. In order to assure that the City can take advantage of the HCD
streamlining process, all editorial changes will be completed in a "Track Changes" format,
and documented on HCD's Completeness Review Checklist and Streamlined Update
Template. We will update the Housing Element and the Appendix to reflect the needs of the
new planning period.
The Housing Element and Appendix will be thoroughly reviewed. Because of the
streamlining provisions being implemented by HCD, however, we recommend that editing
be limited to only those items that must be changed to maintain consistency with the law, or
reflect actual changes in the City. Although this approach significantly restricts the City's
ability to be creative in its Housing Element, we believe that in this cycle, it is the most
prudent approach.
The following areas of the City's Housing Element will require particular attention:
Evaluation of Policies and Programs in Housing Element Update: The purpose of this
evaluation is twofold. First, state law requires that an evaluation of the effectiveness of the
adopted goals, policies and programs be undertaken. This step is taken to evaluate which
programs have been effective and which are either ineffective or complete. The latter may be
eliminated or modified for the new planning period, while the former may be duplicated in
the new document, and amended as necessary to assure relevance to the 5'h cycle. We will
review progress with staff, and seek information from both staff and the public on the
effectiveness of the current programs. The tables and text provided in the Element itself, and
in the Appendix will be modified to reflect the City's needs for the 2014-2021 timeframe.
Demographic Information: The adopted Housing Element relies on 2000 Census data, and
data from other sources ranging to approximately 2007. Terra Nova will thoroughly review
all demographics and update them with the most current data available, using the sources
described in the Data Collection/Information Gathering section above.
Constraints Analysis: The status of all potential constraints will be reviewed and analyzed,
including governmental, zoning, development fees, etc. This section will be updated to assure
that the most recent information is provided, including the updating of development fees and
permit processing timelines.
Special Housing Needs: State law requires that a broad range of special housing needs be
addressed and quantified. This includes such groups as the elderly, single parent households,
homeless and newly added developmentally disabled households.
Vacant Land Inventory: The City's RHNA has been reduced significantly in the 51h cycle. As
a result, lands identified for affordable housing in the adopted Housing Element will not be
needed in the update. We will review the inventory with City staff, discuss potential deletions
where necessary,and revise the inventory to assure compliance with the 5 h cycle RHNA.
10
Policies and Programs: State law has modified the City's ability to list programs as "ongoing."
It is now necessary to demonstrate a quantified positive benefit occurring during the planning
period for each program. The adopted Housing Element includes. a number of `ongoing'
programs that will require revisions. Terra Nova will prepare recommendations for
quantifiable reporting for each of these tools and review these recommendations with City
'staff. We anticipate that annual reporting, including the City's annual report to the State, the
City's Successor Agency reporting requirements, and other existing City activities can be
used to address this new requirement without significantly adding to City staffs workload.
CEQA Review
We will prepare an Initial Study, leading to a Negative Declaration for the Housing Element
update. The document will be straight forward, and is not anticipated to require mitigation
measures, as no land use changes are expected.
Administrative Services
Terra Nova understands the limitations of reduced staff and increased workloads. All our
clients are currently experiencing these difficulties. We therefore include turn key service in
all our projects, and would plan on preparing notices, assisting in the preparation of staff
reports, resolutions, and all CEQA forms and documents for this project. All documentation
will be provided to City staff in Word format for review, comment and use.
3. Scope of Work
The City updated its Housing Element and received California Department of Housing and
Community Development (HCD) `certification' for the document in 2011. The current
Housing Element addresses the 2006 through 2013 planning period, and has been adopted by
the City Council. We propose to use the HCD Streamlining program, which will require all
documentation to be in `track changes,' and the bulk of the text to remain the same. We
currently have the most recent version of the Element in Word.
The City was required to complete zoning map amendments and zoning text revisions as part
of the 4 cycle update. These amendments have not been completed, and must be done prior to
the end of the current planning period. For purposes of this proposal, we have assumed that
City staff will complete these amendments prior to submittal of the 501 cycle document to HCD.
Task Outline
Review existing policies and programs, and develop analysis of progress made in
addressing each of them. Identify policies and programs that require carry-over into
the Update, eliminate those that have been completed, and determine new programs
that may be necessary for the 2014-2021 planning period. This task will also address
the loss of Redevelopment, insofar as the assignment of responsibility for programs
will need to be shifted elsewhere.
In coordination with City Staff, prepare for, coordinate and staff one community
workshop. We will rely on the City's established network of community contacts to
11
develop lists of invitees to these workshops. The workshop announcement should also
be published in the newspaper, and posted on the City's website.
• City staff will be responsible for the update of Community Profile, Housing Profile,
development and planning fee schedule tables, Element to include 2010 Census
information, and where appropriate more recent information (such as Department of
Finance, current housing stock and values, etc.). City staff will provide Terra Nova
with data for insertion into "track changes" document.
• City staff will assist Terra Nova in the collection of data needed for the evaluation of
existing policies section, including assistance in collecting information on units built
during the 2006-2014 planning period.
• City staff shall amend the vacant land map, based on the vacant land inventory
required to meet the City's RHNA.
• Make editorial changes to balance of the document to update to current conditions.
No major re -writes are expected.
• Work with staff to determine what sites will be needed in the vacant lands inventory
to meet the City's reduced RHNA.
• In compliance with SB 812, expand the Special Housing Needs Assessment to
include persons with developmental disabilities. Research will focus on existing
agencies providing services, including DesertArc, Angel View and others.
• Revise programs to meet requirements of SB 375, defining timelines for programs to
ensure implementation with beneficial impacts during the program period (Programs
currently shown as "Ongoing" will require more specific identification and
quantification of benefits within the 2014-2021 planning period.)
• Update goals, policies and programs to reflect elimination of Redevelopment Agency.
Work closely with staff in incorporating any changes in legislation that might protect
housing funds or re -institute housing funds in the Update.
• Coordinate response to comments from HCD with City staff, and draft modifications
to Update as necessary.
• Prepare CEQA Initial Study and Negative Declaration. City will be responsible for
circulation to responsible agencies.
• Prepare for and make presentations at one Planning Commission and up to two City
Council hearings.
• Coordinate second review and certification by HCD with City staff.
12
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5. Project Budget
Based on the tasks and project schedule, we have developed the following estimate of the
hours needed to complete the Housing Element Update.
Task Cost
Meetings (Internal and 3 meetings with City staff)
Principal/13 hours @ $155/hr $ 2,015.00
Senior/6 hours @ $ l35/hr $ 810.00
Assistant/6 hours @ $95/hr $ 570.00
Research and Data Collection
Senior/24 hours @ $135/hr $ 3,240.00
Assistant/24 hours @ $95/hr $ 2,280.00
Housing Element Drafting
Principal/12 hours @ $155/hr $ 1,860.00
Senior/40 hours @ $ l35/hr $ 5,400.00
Assistant/36 hours @ $95/hr $ 3,420.00
Prepare for and Attend Community Workshop (1)
Principal/4 hours @ $155/hr $ 620.00
Exhibit Preparation/6 hours @ $55/hr $ 330.00
Planning Commission & City Council Hearings (3)
Principal/12 hours @ $155/hr $ 1,860.00
Responses to HCD Comments
Principal/30 hours @ $155/hr $ 4,650.00
Initial Study Preparation
Assistant/20 hours @ $95/hr $ 1,900.00
Administrative Assistant/10 hours @ $40/hr $ 400.00
Reimburseables: Copies, telephone toll charges, etc. $ 500.00
Total Project Budget $ 29,855.00
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Exhibit B.
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section
2.2 of this Agreement, the maximum total compensation to be paid to Consultant under
this Agreement is Twenty -Nine Thousand, Eight Hundred Fifty -Five Dollars
($29,855.00) ("Contract Sum"). The Contract Sum shall be paid to Consultant in
installment payments made on a monthly basis and in an amount identified in
Consultants Schedule of Compensation attached hereto for the work tasks performed
and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement.
Last revised 7-3-12 is
Exhibit C
Schedule of Performance
Consultant shall complete all services identified in the Scope of Services, Exhibit
"A" of this Agreement in accordance with the attached Project Schedule, attached
hereto and incorporated herein by this reference.
Last revised 7-3-12 19