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HomeMy WebLinkAboutCDC/2009-14 , ,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (NOTE: COMPANION RESOLUTION CDC/2009-13) . , RESOLUTION NO. CDC/2009-14 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND ROSENOW SPEVACEK GROUP, INC., FOR THE PREPARATION OF THE 2009-2014 5-YEAR IMPLEMENTATION PLAN AND THE 2009-2019 lO-YEAR HOUSING COMPLIANCE PLAN AS REQUIRED BY THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW (UPTOWN REDEVELOPMENT PROJECT AREA) WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a public body, corporate and politic existing under the laws of the State of California, California Community Redevelopment Law, Health and Safety Code 33000, et seq. ("CRL"), and is charged with the mission of redeveloping blighted and underutilized land; and WHEREAS, CRL Section 33490(a)(1 )(A) requires all redevelopment agencies to adopt a 5- Year Implementation Plan and a I 0- Year Housing Compliance Plan; and WHEREAS, in 1994, 1999, and 2004, respectively, the Agency adopted its first, second, and third 5- Y ear Implementation Plan and I 0- Year Housing Compliance Plan; and WHEREAS, the Agency's last 5-Year Implementation Plan and 10-Year Housing Compliance Plan covered the period from 2004-2005 to 2008-2009 and 2004-2005 to 2013-2014, respectively, and both will expire in December 2009; and WHEREAS, on November 7, 2005, the Community Development Commission of the City of San Bernardino ("Commission") adopted Resolution No. CDC/2005-38 accepting the Inland Valley Development Agency's ("IVDA") Inclusionary Housing Policy entitling the Agency to receive one hundred percent (100%) of the inclusionary/replacement housing credits for any developed or newly rehabilitated housing units within the IVDA Redevelopment Project Area 25 within its territorial jurisdiction; and 26 WHEREAS, as a result of Resolution No. CDC/2005-38, IVDA's housing requirements will 27 be covered in the Agency's I 0- Year Housing Compliance Plan; and 28 I P:\AgendasIResolutionsIResolutions\2009\04-Z0-09 RSG - Professional Services Agreement CDC Re$O (Uplown).doc . CDC/2009-14 1 WHEREAS, both the 5-Year Implementation Plan and the 10-Year Housing Compliance 2 Plan will address the Agency's State College, Central City East, Central City North, Central City 3 West, Central City South, Southeast Industrial Park, Northwest, Tri-City, South Valle, Uptown, Mt. 4 Vernon Corridor, Meadowbrook, 40th Street, IVDA (housing only), and Central City Projects 5 Redevelopment Project Areas ("Project Areas"); and 6 WHEREAS, the 5- Year Implementation Plan will contain the specific goals and objectives 7 of the Agency for its Project Areas along with specific programs to include potential projects and 8 estimated expenditures proposed to be made during the next five years, and an explanation of how 9 the goals and objectives, programs, and expenditures will eliminate blight within the Project Areas; 10 WHEREAS the 10- Year Housing Compliance Plan will identify the Agency's housing 11 responsibilities and the use of the Low and Moderate Income Housing Fund in furtherance of 12 Project Area housing and community-wide housing requirements; and 13 WHEREAS, on April 9, 2009, the Redevelopment Committee recommended to the 14 Commission approval of a professional services agreement ("Agreement") by and between the 15 Agency and Rosenow Spevacek Group, Inc. ("Consultant"), to prepare the required 5- Year 16 Implementation Plan and the 10- Year Housing Compliance Plan; and 17 WHEREAS, the Redevelopment Committee recommended that the Commission approve 18 this Agreement and authorize the Interim Executive Director to execute said Agreement. 19 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 20 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS: 21 Section 1. The Commission hereby approves the Agreement, solely with respect to the 22 Uptown Redevelopment Project Area, and hereby authorizes the Interim Execute Director of the 23 Agency to execute the Agreement with Consultant on behalf of the Agency, together with any 24 technical and conforming changes as may be recommended by the Interim Executive Director of the 25 Agency and approved by the Agency Counsel. 26 Section 2. This Resolution shall take effect from and after its date of adoption by this 27 Commission. 28 / / / 2 P:\Agcndas\Rcsolulions\Rcsolutions\2009\1J4_20_09 RSG - Pmrcssional Services Agreement CDC R.,o (UplOwn).doc . CDC/2009-14 1 2 3 4 5 6 7 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND ROSENOW SPEV ACEK GROUP, INC., FOR THE PREPARATION OF THE 2009-2014 5-YEAR IMPLEMENTATION PLAN AND THE 2009-2019 10-YEAR HOUSING COMPLIANCE PLAN AS REQUIRED BY THE CALIFORNIA COMMUNITY REDEVELOPMENT LAW (UPTOWN REDEVELOPMENT PROJECT AREA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a i oint regular meeting 9 thereof, held on the 20 t h 10 Commission Members: 11 ESTRADA 12 BAXTER 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MC CAMMACK 18 day of Anril ,2009, by the following vote to wit: Abstain Aves X Navs Absent X X X X X X ~~ Secretary 19 20 The foregoing Resolution is hereby approved this d3'.{dayof April 21 ,2009. 22 23 24 ~~~~ Patrick . Morris, C a';~ _ , Ity Development Commission of the City of San Bernardino 25 Approved as to Form: 26 ~ 27 By: \ /~ Agency uns 28 3 P:\Agendas\Resolut;ons\Resolut;ons\2009\04-20-09 RSG - Professional Services Agreement CDC Reso {UptoWIl).doc CDC/2009-14 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDI:'<O AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into as of April 20, 2009, by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("Agency"), a publie body, corporate and politic, and Rosenow Spevaeek Group, [nc., ("Consultant"). NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECE[PT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: I. SUPERVISION OF CONSULT ANT. The Agency Staff designated in Exhibit "A" shall be responsible for the direction of any work to be performed by the Consultant and any other consultants or subconsultants to the Agency under this Agreement. The Consultant shall not undertake any work under the terms of this Agreement, unless instructed to do so by one of the designated staff members. No other staff member is authorized by the Agency to request services from the Consultant. 2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first appearing in this Agreement and will terminate upon the completion of the services described in the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this Agreement. The Agency reserves the right through the actions of the Interim Executive Director to terminate this Agreement at anytime either with or without cause and at the sole convenience of the Agency upon delivery of notice of termination to the Consultant; provided, however, that upon the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the Consultant for all services, materials and supplies as may have been furnished to the Agency in accordance with the Scope of Services as referenced in Section 3. 3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide the professional consulting services set forth in the Scope of Services attached hereto as Exhibit "'B" and incorporated herein by this reference. The Consultant hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant shall perform the services as set forth on said Scope of Services within the time perl ods to be identified by the appropriate ^gency representative. 1 T CDC/2009-14 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant in an aggregate amount not to exceed $75,920.00 for completion of the services described in the Scope of Services set forth in Exhibit .r; B." B. The compensation designated in subsection 4.A. shall be the Total Fee for the performance of the work and the delivery of the final work product materials, as set forth in the Scope of Services. The Total Fee shall include, but not be limited to, the salaries of all subcontractors retained by the Consultant and all employees of the Consultant to perfoml work pursuant to this Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage, copics and sllch other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agency for work performed by the Consultant under this Agreement each calendar month during the term of this Agreement. D. The Consultant shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bernardino Attention: Kathleen Robles, Project Manager 201 North "E" Street, Suite 301 San Bernardino, California 92401 E. Eaeh invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period of time for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual subconsultants utilized by the Consultant, during the time period covered' ,~y the invoice, a description of the_ professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the authorized Agency Stalf personnel who requested the services, within thirty (30) days after such approval. 5. RECORDS RETENTION. Records, maps, ficld notes and supporting documents and all other records pcrtaining to the usc of funds paid to the Consultant hcreunder shall be retained by the Consultant and available to the Agency for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or fcderal agencies and officials for inspection during the regular business hours of the Consultant. If the 2 CDG/2009-14 Consultant docs not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 5 p.m. Monday through friday, excluding federal and state government holidays. In the event of litigation or an audit relating to this Agreement or funds paid to the Consultant by the Agency under this Agreement, such records shall be retained by the Consultant until all such litigation or audit has been resolved. 6. INDEMNIFICATION. The Consultant shall defend, indemnity and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury or damage of any type claimed as a result of the negligent acts or omissions of the Consultant, its officers, employees, subcontractors and agents, to the extent arising from or related to negligent performance by the Consultant of the work required under this Agreement. 7. INSURANCE. The Consultant shall maintain insurance. as set forth in Exhibit "C" to this Agreement, throughout the term of this Agreement. The Consultant shall remain liable to the Agency pursuant to Section 6. above to the extent the Consultant is not covered by applicable insurance for all losses and damages incurred by the Agency that arc caused directly or indirectly through the actions or inactions, willful misconduct or negligence of thc Consultant in the performance of the duties incurred by the Consultant pursuant to this Agreement. 8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND INFORMATION. All maps, photographs, data, information, reports, drawings, specifications, computations, notes, rendcrings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents generated by or on behalf of the Consultant for performance of the work (collectively, the "Work Products") set forth in the Scope of Services shall upon payment for those services embodying the particular clement of the Work Products, become the sole property of the Agency, and the. Work Products shall thereafter be delivered to the Agency upon written request from the Agency to the Consultant. The Consultant shall not make use of any maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and other materials whether for marketing purposes or for use with other clients when such have become the property of the Agency without the prior express written consent of the Agency except to the extent that such maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents arc readily available to the general public as public records pursuant to State law; provided, however, that the Consultant may retain copies of any such items for their business records. The Consultant shall execute, acknowledge and perform any and all acts which shall reasonably be required in order for the Agency to establish unequivocal ownership of the maps, photographs, data, information, reports, drawings, specifications, computations, 3 CDC/2009-14 notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and record, register and procure an issuance in or to the Agency's rights, title and/or interest. Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the Agency's sole risk and without liability or legal exposure to the Consultant. 9. PRESS RELEASES. Press or news releases, including photographs or public announcements, or COnfilTI1ation of the same related to the work to be performed by the Consultant under this Agreement shall only be made by the Consultant with the prior written consent of the Agency. 10. CONFIDENTTALlTY OF MATERIALS AND INFORMATION. The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential. None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 11. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of writtcn notice specifying such dcfault and shall diligently complete such curc, correction or remedy, such party shall not be decmed to be in default hereunder. B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the allegcd default. Delay in giving slIch notice sh~ll not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any 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 dcfault by the other party. D. In the cvent that a default of any party to this Agreement may remain uncurcd for more than seven (7) calendar days following written notice, as provided above, a 4 CDC/2009-14 "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seck any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency sball pay the Consultant for all work authorized by the Agency and completed, prior to tbe effective termination date. B. In the event of a termination of this Agreement under this Section 12, the Consultant shall provide all documents, notes, maps, rcports, data or other work product developed in performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days after such termination and without additional charge to the Agency. 13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in person or by certified or registered United States Mail, return receipt requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third business day following the deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. CONSULTANT: Rosenow Spevaeek Group, Ine 309 West 4'h Street Santa Ana, CA 92701-4502 Attn: Fclisc Acosta AGENCY: Redevelopment Agency of the City of San Bernardino Attention: Emil Marzullo, Interim Executive Director 201 North HE" Street, Suite 301 San Bernardino, California 9240 I 14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state and federal laws, lTIcluding, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Consultant under this Agreement. The Consultant shall maintain all necessary licenses, including a City of San Bernardino Business License, and registrations for the lawful performance of the work required of the Consultant under this Agreement. 5 CDC/2009-14 15. NONDISCRIM[NAT[ON. The Consultant shall not discriminate against any person on the basis of race, color, creed, religion, natural origin. ancestry, sex, marital status or physical handicap in the performance of thc Scope of Services of this Agreement. Without limitation, the Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status of national origin. Further, the Consultant shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In addition, the Consultant shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT CONTRACTORS. The Consultant shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of its subcontractors shall at any time or in any manner represent that it or any of its employees arc employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage or benefit to any person employed by the Consultant or its subcontractors to perform any item of work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all subcontractor liens. 17. SEVERABILITY. Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. [8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement betwecn the parties. This Agreement supersedes all prior negotiation, discussions and agreements between the parties concerning the subject matters covered herein. The parties intend this Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. [9. AMENDMENT OR MODIFICATION. This Agreement may only be modified or amended by written instrument duly approved and executed by each of the parties hereto. Any such modification or amendment shall be valid, binding and legally enforeeab[e only if in written form and executed by each of the parties hereto, following all necessary approvals and authorizations for such execution. 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action arising from or related to this Agreement shall be brought in the Superior Court of the State of California in and for the County of San Bernardino. 6 CDC/2009-14 21. NON-WAIVER. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. 22. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the prior written consent of the Agency. 23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons executing this Agreement warrant that they arc duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent. 24, EXECUTION IN COUNTER? ARTS. This Agreement may be executed in one (I) or morc counterparts, each of which will constitute an original. 25. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall not be binding on the Agency until signed by an authorized representative of the Consultant, approved by the Agency and executed by the Interim Executive Director or his designee. 26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse to the Agency or the City at the time of execution of this Agreement. The Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency or the City. Additionally, the Consultant hereby represents and warrants to the Agency that the Consultant and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each subcontractor who may hereafter be designated to perform services pursuant to this Agreement, do not have and, during the term of this Agreement, shall not acquire any property ownership interest, business interests, professional employment relationships, contractual relationships of any nature or any other fin.uncial arrangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to the Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other financial arrangements will not adversely affect the ability of the Consultant to perform the services to the Agency as set forth in this Agreement. 27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship between the Agency and the Consultant for the services set forth in Exhibit '"B" or any similar or related ser\/ices. The Agency may, during the term of this Agreement, contract with other consultants for the performance of the same, similar or related services as those that may be performed by the Consultant under this Agreement. The Agency reserves the discretion and the right to dete1ll1ine the amount of services to be performed by the Consultant for the Agency under this Agreement, including not requesting any services at all. This Agreement only sets forth the terms upon which any such services 7 CDC/2009-14 will be provided to the Agency by the Consultant, if such services are requested by the Agency, as set forth in this Agreement. 28 CONSEOUENTIAL DAMAGES AND LIMITATION OF LIABILITY. The Agency and Consultant agree that except as otherwise provided in this Section 28, in no event will either be liable to the other under this Agreement for any damages including but not limited to, special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of contract, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 sball apply regardless of fault, breach of contract, tort, strict liability or otherwise of the Consultant and the Agency, their employees or subconsultants. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Dated y;/ot / dlftJ7 Redevelopment Agency of the City of San Bernardino, a pu . orporate and politic By: Emil Marzullo, Interim Executive Director Approved as to Form nd Legal Content: By: Timothy . ab Agency Counsel CONSULTANT Dated: J d-;27- 2c{)7' Rosenow Spevacek Group. Inc. 309 West 4th Street Santa Ana, CA 92701-4502 By ~~I a~C:;;;;,J Name: Felise Acosta Title: Princioal 8 Agency Staff: CDC/2009-14 EXHIBIT "A" SUPERVISORY STAFF PERSONNEL Emil Marzullo, Interim Executive Director Don Gee, Deputy Director Kathleen Robles, Project Manager 9 CDC/2009-14 EXHIBIT "B" SCOPE OF SERVICES AND COSTS APPROACH The City of San Bernardino Economic Development Agency (the "Agency") which operates as the City of San Bernardino's Redevelopment Agency is seeking consultant services to assist in the preparation of the Agency's five-year implementation and ten-year housing compliance plan. The plan will cover fiscal years 2009-10 through 2014-15 ("2009 Fivc- Year Plan"). This is the Agency's fourth implementation plan prepared since the enactment of Assembly Bill 1290 which amended the California Community Redevelopment Law CCRL") by adding Section 33490. The 2009 Five-Ycar Plan will contain two separate components: non-housing or redevelopment component and a housing component, which will serve as the Agency's Ten-Year (2009-10 through 2019-20) affordable housing compliance plan CHousing Component"). FIVE-YEAR STRATEGY The 2009 Five- Y car Plan preparation comes at a time of economic strife. The Agency is challenged by the fact that a numbcr of their redevelopment plans arc reaching their term and/or tinanciallimit. Further, there continues to be arcas within the City of San Bernardino ("City") which exhibit blight that are not currcntly in a redevelopment project area. These issues require review and a determination as to what course of action the Agency should embark upon to continue redevelopment efforts and address the City's economic problems proactively. Therefore, RSG suggest that the Agency take the opportunity of the 2009 Five- Year Plan process to create a viable working strategy that can guide the Agency in addressing not only continuing redevelopment implementation but also provide direction for the actions necessary to retain existing Project Arcas and address other blighted areas within the City. The Strategy would include setting out the Agency's Vision, Mission as well as Core Purposes and Values in its efforts to improve the Project Areas. Further, the Strategy will transform the Housing Component to a working Housing Strategy that will identify all funding sources and provide an annual work program as a guideline to achieving the five and ten year housing goals of the City and Agency. 10 CDG/2009-14 SCOPE OF SERVICES The Agency has adopted a total offomteen (14) Redevelopment Project Areas. Four of these Project Areas were merged to create the Central City Merged Project Area, as described below. Currently, existing Project Arcas encompass an estimated 8,497 acres of the City's incorporated territory. The Agency's Project Arcas were adopted over the last 42 years beginning with the creation of the Agency and adoption of the Meadowbrook Project Area in 1958. The Agency's redevelopment project arcas include: . The Central City Project Area consists of four merged project areas: the Meadowbrook Project Area (adopted July 21, 1958), the Central City East Project Area (adopted May 3, 1976), the Central City South Project Area (adopted May 3, 1976) and the Central City Project No. I (adopted February 23, 1965). The merging of these Project Areas was completed in 19X3. . The State College Redevelopment Project Area, adopted on April 27, 1970. . The Central City North Project Area, adopted on August 6,1973. . The Southeast Industrial Park Project, adopted on June 21, 1976. . The Central City West Redevelopment Project Area, adopted on February 17, 1976. The Northwest Redevelopment Project Area, adopted July 6, 1982. . . The Tri-City Redevelopment Project Area, adopted on June 20, 1983. . The South Valle Redevelopment Project Area, adopted on July 9, 1984. . The Uptown Redevelopment Project Area, adopted on June 18, 1986. . The Mt. Vernon Corridor Redevelopment Project Area, adopted on June 25,1990. . 40'" Street Redevelopment Project Area, adopted on June 19, 2000. The largest city within the county, San Bernardino has an estimated population of 194,643 and has served as the primary urban center for the Inland Empire for over a century. The Agency's redevelopment efforts have been the main stay of its City's economic development and housing efforts. Therefore, preparation of the proposed 2009 Five-Year Plan and Housing Component is of extreme importance in guiding the Agency and City during the next five and ten year period, especially in these economically challenging times. 11 CDC/2009-14 RSG understands the importance of these documents as guiding tools and is prepared to work with staff and the Agency to ensure that finalize documents are of value and will assist the Agency in their efforts to improve the City and lives of the City's residents. REQUIREMENTS Section 33490 of the CRL requires that each redevelopment agency, adopt a five-year implementation plan, after a public hearing, that contains the specific goals and objectives of the agency for its redevelopment project arca(s). A five-year implementation plan must identify the specific programs/projects and expenditures proposed to be made during the five (5) year term of the plan; provide an explanation of how the goals and objectives, programs, and expenditures will eliminate blight within the agency's project area(s); and implement the housing requirements contained in the CRL. Pursuant to Section 33490, implementation plans with housing components, must be adopted every five (5) years. The following scope of services outlines the steps and analysis required to prepare the Agency's 2009 Five-Year Plan covering all of the Agency's redevelopment project areas. Each Project Area will be address in its own section of the Plan and will contain all the information required by Section 33490 of CRL. The 2009 Five-Year Plan document will incorporate a separate 2009-10 through 2019-20 Housing Component that will contain all housing information require by the CRL and also cover the City of San Bernardino's territory that is incorporated into the Inland Valley Redevelopment Project Area ("IVDA"). Detailed clements of the 2009 Five-Year Plan will include: specific goals, objectives, projects and programs for each Project Area including estimated expenditures for each over the five-year term. Additionally, an overview or matrix will be included that links and explains how the goals, objectives, projects. programs and expenditures will eliminate blight within the Project Areas. The 2009 Five- Y car Plan and Housing Component will provide an explanation of how the goals, objectives, projects, programs and expenditures will implement the low and moder(j.te income housing set-aside and housing production requirements set forth in Sections 33334.2, 33334.4, 33334.6 and 33413 of the CRL for the next five- and ten- year periods. The 2009 Five-Year Plan and Housing Component will provide details of the number of housing units to be rehabilitated, price-restricted, assisted or destroyed, amounts of estimated Housing Fund deposits. replacement housing information (if required) and a description of housing fund targeting.l Additionally the Housing Component will address the requirement to provide an accounting of the amounts of housing funds utilized to assist affordable units by income category. 1 Pursuant to Section 33334.4(a) of the CRL, Housing Fund expenditures over the period of the 2009 Five~Year Plan must be expended for very low and low income persons at a minimum in the same proportion to the County's fair share of the Regional Housing Need Assessment (RHNA) unit need for very low, low and moderate income units. Pursuant to Section 33334.4(b) of the CRL, Housing Fund expenditures for senior housing over the period of the 2009 Five-Year Plan must be expended in proportion no greater than the community's population of low and moderate income families to low and moderate income senior citizens. 12 CDC/2009-14 DATA COLLECTION - PROJECT SCOPING The project team will hold a scoping meeting with Agency staff to discuss and reline the scope and objectives of the 2009 Five-Year Plan and Housing Component and the necessary steps needed to transform the documents into an overall Strategy for redevelopment and housing activities. Following a scoping meeting with staff, RSG would like to collect digital or hard copies of the following information and/or work with staff to secure or develop the information necessary to complete this engagement (if not already retained in RSG's internal files): 1. Verify the Agency's Redevelopment Plan limits infonnation, specifically including eminent domain authority and time limits and any subsequent amendments to the corresponding redevelopment plans. 2. Complete copies of the Agency's Annual Report to the Department of Housing and Community Devclopment since 2004-05. 3. Updated inventory of affordable housing projects smee 04-05, including the following: a. common name and address of project, b. year project was built, substantially rehabilitated, or price restricted, c. total number of units by project, and number of units by income category, and d. number of units used to fulfill replacement obligations. 4. Current Agency Budget and Work Program. 5. Housing Fund expenditures for the prior five year period including project name, number of units by affordability levels and term of afford ability for each project. 6. City's most recent Housing Element and Citywide Regional Housing Needs Assessment figures. (RSG is aware that the City is currently updated its Housing Element. RSG will coordinate efforts and share data with the City's Housing Element consultant.) 7. Projections of all new Project Area residential development and substantial rehabilitation anticipated by year (RSG will provide worksheet to aid staff, and can meet with Planning or Redevelopment staff to identify and complete the forecast). 13 CDG/2009-14 8. Staffs list of known ongoing and/or proposed redevelopment and capital improvement projects and programs, including the following (copies of pertinent staff reports can work well, as well as summary reports, or we can develop this list at our staff meetings): a. name of Project/Program, b. narrative description of Project/Program, including location, scale/size, and any housing units by incomefhouschold ranges targeted, and c. total Agency estimated expenditures for the five year period (2009-10 through 20]3-]4). 9. GIS files necessary to develop maps of the project arcas for inclusion in the new implementation plan (optional, but recommended and may already be coJlected through our work on the Plan amendment) 10. Description and graphics (photographs or renderings) of projects completed since 2004-05 for possible inclusion in the new implementation plan and/or final Agency presentation. 11. Identification of ongoing blighting conditions within the Project Areas and identification of specific areas within the Project Arcas that RSG should review in the field. ] 2. Identify key issues, problems to be addressed in the transforming Implementation and Housing Plan into the desired Strategy. Additional information may be necessary as the work proceeds, as the level of detail and quality of the data would need to be assessed upon receipt. RSG would work with appropriate staff to ensure the data collected is accurate and complete. Following the kickoff meeting, RSG will prepare and update as necessary a schedule for preparation, committee/councils. meeting, public review,. and adoption of the 2009 Five-Year Plan/Strategy per the proposed timeline accounting for public hearing noticing requirements and Agency agenda submittal and review process. MEET AND COLLABORATE WITH STAFF IN DEVELOPMENT OF MISSJOJI:, VISION AND CORE PURPOSE AND VALUES FOR STRATEGY The Principal and Project Manager will mcct with Staff to refine the Agency's overall vision for the Strategy by establishing an agreed upon Mission that is derived from the Core Purpose and Values for the Agency's ctTorts over the next five and ten year period covering both redevelopment and housing efforts. 14 CDC/2009-14 IDENTIFY POTENTIAL NON-HOUSING PROJECTS AND PROGRAMS Based upon the results from the preceding planning activities, collected data and staff input, RSG would identify anticipated non-housing redevelopment and capital projects, related goals, objectives and blight to be addressed for each Project Area over the five-year planning period. A matrix will be provided which will relate projects and programs with goals. objectives and blight to be removed. DEVELOP F1VE- AND TEN- YEAR COST/REVENUE PROGRAM MODELS As part of the Strategy and Implementation and Housing Plans, RSG will develop five-year and ten-year (for the housing fund) cost revenue that identifies the Agency's projected cash fund balance for July of 2009 and thcn details expected revenues, administrative, debt services and programs and projects costs over the term of the 2009 Strategy that will serve as the Five-Year Plan and Ten- Year Housing Component per the CRL requirements. As part of this activity RSG will project expected tax increment revenues, pass-thougl1 payments, housing set-aside funds and net revcnue to the Redevclopment Fund over the 10 year period. RSG will also assess the impact of tax increment cap limitations on Project Area revenues. All other revenue sources available to assist the Agency in their implementation and housing ellorts will be identified. IDE:'oITIFY POTENTIAL HOUSING PROJECTS, PROGRAMS AND PRIORITIES With input from staff, RSG will identify housing programs and projects and priorities for inclusion in the Housing Strategy/Component. Included in this activity arc the following tasks: . Collecting data provided by Agency staff on affordable and market rate demolition, replacement housing, general construction and substantial rehabilitation projects, both those completed and anticipated over the life of the Redevclopmcnt Plans for each Project Are~.. . Analyzing the City's regional housing needs assessment and portion of senior residents to detcrmine appropriate levels of housing fund expenditures pursuant to recent changes in the CRL. Reviewing affordable housing goals, objectives, and programs contained in the City's Housing Element. . . Project revenues to fund affordable housing production for the ten-year planning period. . Delineating implementation projects, programs and sites for housing development in sufficient detail to measure performance. . Develop implementation strategy that creates work program for future years activities. 15 CDG/2009-14 Consistent with the requirements of the CRL the Housing Strategy/Component will contain the following information (covering the Project Areas and the City of San Bernardino jurisdictional area of the IVDA Project Area): MANDATORY ELEMENTS: HoUSING COMPU.AHCE REQUIREMENTS Low and Moderate Income Housing Fund (L.ow-Mod Fund) :J Current balance and projected annual low-Mod Fund deposits :J Housing Program: Annual estimates of new. rehabilitated, or price restricted units to be assisted wth Low-Mod Fundg :J Housing Program: Annua estimates of Low~Mod Fund expenditures :J Descripnon of how Housing Program wi>! expend Low-Mod Funds to meet regiOnal hoUSIng need allocations by household types (veri low income, low income, low ,ncome under 65 yrs Did) proportonate to community need. ."iolJs;ng Production (~3341:(bj; ::J Estimates of new, substantaky rehabilitated. or price restricted units to be developed or purchased. o Estimates of production requirements (or \fery low. lOW. and moderate income units. ::J Number of very ow, low. and moderate mcome units that have been developed and meet the production requirements ::J Estimates of all Ullits that WIll be developed by the agency. fncluding very ow, low and moderate ,ncome units ,~egionBI Housmg Needs Allocation (RHNA; ::I RHNA target units and proposed Low-Mod Fund expenditures :'or veri low. low, and moderate mcome persons ::I Total community popuation, low income 'popu;ation, population under 65 'yTS old, and 'r:iW income ~opulatlon under 65 YI'S old CI Detailed orogram and schedule to expend Low-Mod Funds to meet the commun~ty's proportionate housing needs/requirements. Prior Five Year NOl..'sing Activities CI Amounts of Low-Mod Funds used to assist extremely low ....-ery 16w. arKllow ,ncome units ::J Number,ocation and level of affordabi'ity of newly constructed unts w,th otheroca,ly controlled go...ernment as.sistance (no redevelopment agency assistance) that are required to be affordable to. and occupied by, low, I/ery low or e)(tremely lOW income persons for 55 years (rental} or45 years (for-sale) CJ NumbeLocation.e...e' of affordab;lity_ and amount of low- Mod Funds used to ass'st units a...,aflabe to fan~i ies with children. 8eoo'acemenf Housing CI Propose-d locatons suitable for re;racement housing Housing Compliance w)t~in Six Years or less CI If a ;:Jro,'ect area is w1hin sill: years of ,Is time 'imJt on pian effectiveness address the agency's ability to comply with its affordabe housing requirements 16 TlMEFRAME Annually for 5 years Anflually for :.years Annually for : years 101'ears life of plan and 10 years Life of plan and 10 years Cumulative 5 years Annually for 5 years Most recent census Annually for 1[; years Prior f~...e yearpenod Priorf've year :lenod Prior (,...e year ;Jer'od !:years Six jle81'S or less STATUTE 9-3349:0(8}:2)(I<. )-I,i) 9-3349:D(a}{2)(A ){ill 9-3349:0<a j{2 )(P.. IIi') 9-33490(aX2)(A )(iii:> ~-33490(a){2){B !(i) 933490(aX2)(B l{iil !j:3349D(a){2)(B )(iii) 33490(8}12){B:. {iv}, 33490(811,2:1(8:, I" ~33490(a)(2)iC }Ii) S3349C(a)(2f1,C iWI. S33334A(b'l S3349Dla)(2nC )(iii) S33490(a\I::~IC i(i...) S334901.a)(2:I,C lii....-) S3349J(B){2:iC )(1"') !j:33490{a)i3:1 S33490(a)i41 CDC/2009-14 Additionally the Housing Strategy/Component will also provide the following information: . An outline of the Agency's housing requirements and obligations; . An analysis of the City's housing needs to identify the type of housing to be produced; . Provide an affordability gap analysis to identify income and housing cost limits for low to moderate income households; . Provide an examination of the Agency's and all other funding resources that can be devoted to affordable housing with an evaluation of how other revenue sources can supplement these efforts; . Recommend policies, goals and programs to implement a long-term housing strategy; . Ensure that the public review process meets legal requirements; . ., . Analyze lllcome and age targeting goals-; and . Provide required detail to make necessary findings that Agency's housing obligations may be aggregated among all Project Areas. DRAFT 2009 STRATEGY (S-YEAR PLAN/HOUSING COMPONENT DOCUMENTS) Draft 2009 Strategy wbich will serve as the Agency's Five-Year Implementation and Housing Plan will be prepared in a plain and clear language format. It will include the following additional elements beyond the CRL requirements: . Educationallnformation o The role of redevelopment (e.g., history, purpose, benefits). o How tax increment financing works and a discussion of the general strategies of how to best utilize tax increment financing to achieve redevelopment of blighted areas. o A review of the general legal parameters that cover redevelopment agencies activities with specific examples of limitations and proactive efforts agencies can undertake to eliminate blight. o ^ discussion of redevelopment's role in creating and preserving affordable housing. 2 Pursuant to Section 33334.4(a) of the CRL, Housing Fund expenditures over the period of the 2009 Five~Year Plan must be expended for very low and low income persons at a minimum in the same proportion to the County's fair share of the Regional Housing Need Assessment (RHNA) unit need for very low, low and moderate income units. Pursuant to Section 33334.4(b) of the CRL, Housing Fund expenditures for senior housing over the period of the 2009 Five-Year Plan must be expended in proportion no greater than the community's population of low and moderate income families to low and moderate income senior citizens. 17 . . CDC/2009-14 . Strategic Planning o Detail the Agency's prior accomplishments and contributions to the community. o Develop the overall Vision and Mission of the Agency for the next five year period to guide the Agency's actions and activities. Established Core Purposes and Values as part of the Strategy document. o Develop mechanism to evaluate and report back to the community on the Agency's efforts in meeting the Strategy's Goals over the Plan's five year term. General Timing of Dcvclopment of Strategy . By early August of2009, RSG will circulate an administrative draft to Agency staff. . RSG would then either arrange to meet at staffs offices or arrange a conference call to go over format. content, and the ensuing committee/council public meetings. . Staff comments to the document would be incorporated into a draft and distributed to staff for dissemination to the RDA Committee for a work session on the document. . Comments from the RDA Committee will be addressed and the Strategy revised accordingly. . The draft Final Strategy will be presented to the RDA Committee for their review and approval. . A draft public hearing notice, staff report, and adoption resolution for consideration by the Agency will be prepared for Agency staff and legal counsel review and finalization. . RSG will attend the RDA Committee work session, approval meeting and the Agency's Public Hearing and provide a presentation and/or answer questions regarding the Strategy. . Agency staff will be responsible for posting (in four permanent places within each project area), mailing (at least three weeks in advance to all persons and agencies that have requested notice) and publishing the public hearing notice (once a week for 3 successive weeks for a 21 day period; starting 31 days prior to hearing date). . Revise Strategy/Implementation and Housing Plan will be finalized in response to any Agency's changes made at Public Hearing. . RSG will provide the Strategy/Implementation and Housing Plan on a Compact Disk in Microsoft Word Format and one original camera ready copy of document. 18 . MEETING SUMMARY CDG/2009-14 The Principal and/or Project Manager for this engagement would attend the following meetings. As necessary, support staff may also participate in such meetings. Kickoff Meeting/ Staff Team Meeting.............. ................. ...................4 RDA Committee Work Session............................. ...... ............. ......1 RDA Committee Approval Meeting... ...................................... .......1 Agency Public Hearing.................... ......... .......................... .... ...1 TOTAL MEETINGS............................................................ ......8 SCHEDULE Below. RSG has outlined a preliminary schedule of key tasks involved in the preparation of the 2009 Five-Year Strategy/Implementation Plan and Housing Component. The actual schedule is contingent upon several factors, such as agenda deadlines and review process, public participation levels, and the availability of critical data. The Schedule allows for a review draft to be circulated in early August with a completed revised plan back to the City in mid September. It is anticipated that an RDA Committee work session would be held in September and would be presented for the Committee's approval in October. Noticing for the public hearing would be done in October and the adoption hearing held in November of 2009. City of 8M Bernardino Redevelopment. Agency ImplementationfHousi ril.09 Ma -09 June-09 Ju -09 Au .-09 123412341234123451234 PI,., Schedu Ie Se ..9 Oct.-09 Nov.-09 12341234512345 ",ks ontract Approval & Execution. coping and Data Collection Refine Adoption Schedule D~ Analysis Delineate Mission/Goals/'Vision Identify Projects & Programs Identify Housing Needs Examine Cost/Revenue Draft Plan &Ma:rix ReviEMI Admin DrcttlRevised Pial Redewlopment Comm. Work Session Revised Plan Redev. Conm. Meeting to Consider PliI'! Public Hearing Noticing goncy Public Hea-ingl Adoption 19 COST PROPOSAL CDG/2009-14 . RSG's total not-to-exceed budget for this engagement is anticipated to be $75,920, The estimated is segregated as follows: $38.407,50 for the Redevelopment (Non-Housing) portion of the Plan and $37,262.50 for the Housing Component with an estimated $250 for expenses. Our fees will be billed on a time-and-materials basis if savings occur the Agency would not be charge the full estimated fee. RSG will charge for these services under our current fee schedule: 2009 Billing Rates Principal! Director Senior Associate Associate Senior Analyst Analyst Research Assistant Technician Clerical Reimbursable Expenses CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY MULTI-PROJECT AREA 1M PLEMENT AliGN PLAN/H au SING COM PO NEN Tau 0 G ET ESTIMATE /.' / fit"'" ~~ ~<:- ",'- ,,/1> -,p~ ~..", ,.:;:.<::' 0~" ,?-<::-1i/,\e,0 To\alCost 110 100 70 14% ; 12% 1% Our Budget estimate is described as follows: Consultant Hours by Task % allime bv each member Five Year Plan (Non-Housing) Coordination, Scheduling & Staff Meetings Data Collection Scop ing & An'alysis Identify Projects & Programs/Mission & Vision Develop Revenues & Costs Model Prepare Ad m in.Stra tegyl 0 raft Five Ve ar Pia n Review Draft Plan w/stall-Revised & Finalize Plan Prepare & Attend RDA Comm Mtgs(2) Staff Report/Resolution/Public Hearmg Notice P reoare and Attend Pu blic Hearinn SUBTOTAL Housing Com ponent Coordination, Scheduling & Staff Meetings Data Collection, Scoping & Analysis Ide ntify Projects & P rog ram s /M iss ion & Vision Update housing production num bers Estimate Cost-Rev, Identify Dollars Spent& Develop Model incl allrevenue sources Prep are Ad m In.Stra te gy / Draft H ou sing Com pone nt Prepare & Attend RDA Comm Mtgs(2) Review Draft Plan wlstaff-Revised & Finalize Plan S ta ff R epo rtlR eso lution IP ublic H ea ring Notice Pre are & Attend Public Hearin SUBTOTAL Ex enses nollo exceed OTAl S 195 $ 160 $ 140 $ 110 S 100 $ 90 $ 70 $ 60 Cost plus 10% ~ ~ ~Ib dQ rP 0 (,,'1> (;/$' 'I> ",Ib~~o/''I> .,.",,,,0 195 160 140 26% 16 8 8 2 8 4 12 0.5 6 64.50 8 12 4 0.5 6 68,50 133 14% 4 2 2 2 12 4 4 1 4 35.00 16 8 8 2 4 4 4 2 4 4 8 4 4 1 4 39,00 74 20 33% 6 16 16 12 20 8 8 1 4 93,00 8 4 16 4 12 12 8 8 1 4 77 ,00 170 2 12 8 8 4 2 2 2 o 40,00 2 8 8 4 2 2 o o o 26,00 1 8 4 8 4 o 2 2 2 o 31,00 o o o 16 o 33,00 71 1 1 o 0.5 05 3.00 1 8 4 o 4 59 / 100% $5,300,00 $6.24000 $5,800,00 $3,670.00 $6,990,00 $3,030.00 $4,320.00 $652,50 $2,405.00 $38407.50 $5,090.00 $4,440.00 $5,280.00 $2,150.00 $3,940,00 1 o 0.5 0.5 0.5 2,50 $4,590,00 $4,32000 $2,795,00 $2,252,50 $2,405,00 $37,262.50 $250.00 5.5 $75920.00 CDC/2009-14 . RSG docs not charge clients for mileage (except direct costs related to blight field surveys), parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs arc charged back at the actual expense plus a 10% surcharge. RSG issues monthly invoices payable upon receipt. unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate. 21 . CDC/2009-14 . EXHIBIT "C" INSURANCE REQUIREMENTS The Consultant shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of CaI ifomia and that maintain during the tcnu of the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most current edition of "Bests Insurance Guide," as follows: (I) ComDrchcnsive General Liabilitv Insurance. The Contractor shall maintain comprehensive general liability insurance of not less than One Million Dollars ($ LOOO,OOO.OO) combined single limit, per occurrence. (2) Automobile Insurance. The Consultant and each of its subcontractors shall maintain comprehensive automobile liability insurance of not less than One Hundred Thousand Dollars ($100,000.00) combined single limit per occurrence for each vehicle leased or owned by the Consultant or its subcontractors and used in performing work under this Agreement. (3) Worker's Comoensation Insurance. The Consultant and each of its subcontractors shall maintain worker's compensation coverage in accordance with Califomia workers' compensation laws for all workers under the Consultant's and/or subcontractor's employment performing work under this Agreement. (4) Errors and OmlSSlOns Coverae:e. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in perfomling the Scope of Services of this Agreement in an amount of not less than One Million Dollars ($1,000,000.00). Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty (30) days prior written notice to the Agency. 22