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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. Last revised 7-3-12 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 Last revised 7-3-12 2 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, Last revised 7-3-12 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. Last revised 7-3.12 4 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) Last revised 7-3-12 5 $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. Last revised 7-3-12 6 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 Last revised 7-3.12 7 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. Last revised 7-3-12 8 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. Last revised 7-3-12 9 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. Last revised 7-3-12 10 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. Last revised 7-3.12 11 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. Last revised 7-3-12 12 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' 0 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 , 0 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 � ) - k km § § � 7 § �)- �)� 22 ; f 2 a Q , § \ k } c] 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 14 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