Loading...
HomeMy WebLinkAbout14-Development Services OR A L CITY OF SAN BERNARDINO REQUEST FOR COUNCIL A From: Valerie C. Ross, Director Subject: Resolution approving an Agreement with The Planning Center for Dept: Development Services consultant services to update the Date: April 24, 2008 General Plan Housing Element. MCC Date: May 19, 2008 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution Valerie C. Ross Contact Person: Terri Rahhal, City Planner Phone: 384-5057 Supporting data attached: StafftaffRen�, Resnhitinn Ward: CtV-wide FUNDING REQUIREMENTS: Amount: 599,975.00 Source: EDA Housing Fund Acct. Description: 6600-6703 Professional Services Finance: Council Notes: 3 Agenda Item No. pq CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution approving an Agreement with The Planning Center for consultant services to update the General Plan Housing Element. Background: Each city and county in the State of California is required to prepare a Housing Elements as one of the mandatory elements of its General Plan. The California Department of Housing and Community Development(HCD) sets Housing Element update requirements, reviews Housing Elements and certifies compliance with Housing Element law and HCD policy. The City's current Housing Element was certified by HCD in 2003 and the rest of the General Plan was updated in 2005. On January 2, 2008, a Request for Proposals (RFP)to prepare an update to the City's General Plan Housing Element was distributed to seven planning consultants. Three proposals were submitted and distributed for review by a panel comprised of the Assistant City Manager,the Deputy Executive Director of the Economic Development Agency and the City Planner. The reviewers unanimously ranked the Planning Center proposal most responsive to the RFP. The Planning Center has extensive experience with housing element preparation and the certification review process with the California Department of Housing and Community Development(HCD). The Planning Center also has a proven track record with the City, having prepared the 2005 General Plan update,the Arrowhead Springs Specific Plan and the 2007 SCAG Compass Blueprint strategy demonstration analysis of downtown San Bernardino. The Planning Center proposal is responsive to the RFP and the fees proposed by The Planning Center are within the amount budgeted for the project. Therefore, staff recommends that the Resolution authorizing execution of a Professional Services Agreement with The Planning Center for preparation of the General Plan Housing Element update be adopted. Financial Impact: $100,000 has been budgeted for this purpose in the 2007/2008 EDA Home Funds. Recommendation: Adopt Resolution. 9e p1 Exhibits: Resolution Exhibit"A" Agreement for Services ] ,/V® COPY 1 - - RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE PLANNING CENTER 4 FOR CONSULTANT SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT. 5 6 WHEREAS, the City of San Bernardino is required to update the General Plan Housing 7 Element for the planning period from January 1, 2006 — June 30, 2014; and 8 9 WHEREAS, the City of San Bernardino issued a Request for Proposals (RFP) for 10 professional consultant services to prepare the General Plan Housing Element Update; and 11 12 WHEREAS, the City of San Bernardino evaluated proposals submitted in response to 13 the RFP and found the proposal submitted by The Planning Center to be complete and 14 responsive to the requirements stated in the RFP; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 17 SECTION 1. The Planning Center is competent, experienced, and qualified td perform 18 19 said services, based upon the proposal submitted to the City, and upon previous consulting 20 experience with the City. Pursuant to this determination, the Purchasing Manager is hereby 21 authorized and directed to issue a Purchase Order to The Planning Center in the amount of 22 S99,975.00 for consultant services required to prepare the General Plan Housing Element 23 Update. The City Manager is hereby authorized and directed to execute on behalf of the City an 24 Agreement for professional consulting services; a copy of which is attached hereto, marked 25 26 Exhibit "A" and incorporated herein by reference as though fully set forth at length. 27 28 /U0 , �y 1 - 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH THE PLANNING CENTER 3 FOR CONSULTANT SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT. 4 SECTION 2. The authorization to execute the above referenced Purchase Order and 5 6 Agreement is rescinded if they are not signed and issued within sixty (60) days of the passage 7 of this resolution. 8 9 10 11 12 13 14 /// 15 HI 16 17 18 19 20 21 22 23 24 25 26 27 28 �// 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO APPROVING AN AGREEMENT WITH THE PLANNING CENTER FOR CONSULTANT SERVICES TO UPDATE THE GENERAL PLAN HOUSING 3 ELEMENT. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held on the 6 day of , 2008, by the following vote, to wit: 7 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER _- 11 BRINKER 12 DERRY 13 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of , 20 2008. 21 22 Patrick J. Moms, Mayor 23 City of San Bernardino Approved as to 24 Form: 25 JAMES F. PENMAN, 26 City kttOrnev By: 27 28 EXHIBIT A AGREEMENT FOR CONSULTANT SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT THIS AGREEMENT is made and entered into this day of 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city("City"), and The Planning Center, a California Corporation ("Contractor"). WITNESSETH : A. WHEREAS, City proposes to have Contractor provide consultant services to update the Housing Element of the City of San Bernardino General Plan; and B. WHEREAS, Contractor represents that it has that degree of specialized expertise and experience required to prepare a General Plan Housing Element in compliance with Section 65580 — 65589 of the California Government Code, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Contractor desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONTRACTOR 1.1. Scope of Services. Contractor shall provide professional consultant services for an update of the City of San Bernardino General Plan Housing Element for the planning period of January 1, 2006 — June 30, 2014, in accordance with Scope of Work, Schedule and Budget, attached and incorporated herein as Attachments 1, 2 and 3. It is agreed that the Contractor shall accomplish the Housing Element Update (the "Project") in accordance with applicable State law and other requirements stated in the Request for Proposals (Attachment 4) and acknowledged in the Scope of Services. 1.2. Professional Practices. All professional and contractual services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. 1 1.3. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Contractor shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The Contractor understands and agrees that as the City's consultant, Contractor shall maintain a fiduciary duty and a duty of loyalty to the City in performing Contractor's obligations under this Agreement. Contractor, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be compensated for such services for the fixed amount of $99,975.00 as indicated in Attachment 3. 2 2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the City, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Contractor may submit invoices to the City Planner for approval on a progress basis, but no more often than monthly. Said invoices shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 1 2.4. Records and Audits. Records of Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to the City Planner for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be completed according to the Project Schedule, unless otherwise approved by the City Planner. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue until satisfactory completion of all work contemplated herein. The date of satisfactory completion shall be the date of submittal of the Final Housing Element to the State Department of Housing and Community Development for certification. 4.2. Notice of Termination. The City reserves and has the right and privilege AWOL of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written 3 notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished documents, data studies, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City's sole risk and without liability or legal expense to Contractor. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Contractor shall obtain and maintain, said E&O liability insurance during the 4 life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability, automobile liability and Errors and Omissions liability insurance policies shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given by Contractor to City." (c) Other insurance: Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments for damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided �l�w• in this Agreement. r 0 6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor's Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONTRACTOR: IF TO CITY: Brian Judd Valerie C. Ross Vice President, Community Planning Director of Development Services The Planning Center 300 North"D" Street 1580 Metro Drive San Bernardino, CA 92418 iQ Costa Mesa, CA 92626 Fax: 909-384-5080 Fax: 714-966-9221 Tel: 909-384-5357 Tel: 714-966-9220 6.5. Attornevs' Fees. In the event that litigation is brought by any party in comlection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting 6 i or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement. 6.8 Indemnification and Hold Harmless. Contractor shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims and workers' compensation claims, to the extent caused by the intentional or negligent acts, errors or omissions of Contractor, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. .10 Ownership of Documents. All findings, reports, documents, info rmation 6 g I � and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City, once payment in full has been received by Contractor for services already rendered and accepted by the City. E Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement,or any use of incomplete documents shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files, audio tapes or any other project related items as requested by City or its authorized representative at no additional cost to City. 6.11 Public Records Act Disclosure. Contractor has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 7 6.12. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. Contractor shall not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a 8 waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate 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 doing so, the parties hereto are formally bound to the provisions of this Agreement. 9 AGREEMENT FOR CONSULTANT SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, THE PLANNING CENTER, A Municipal Corporation, A California Corporation By Fred Wilson, City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney By 10 AGREEMENT FOR CONSULTANT SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT THIS AGREEMENT is made and entered into this day of 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and The Planning Center, a California Corporation ("Contractor"). WITNES SETH : A. WHEREAS, City proposes to have Contractor provide consultant services to update the Housing Element of the City of San Bernardino General Plan; and B. WHEREAS, Contractor represents that it has that degree of specialized expertise and experience required to prepare a General Plan Housing Element in compliance with Section 65580 — 65589 of the California Government Code, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Contractor desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of j this Agreement. i NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: I 1.0. SERVICES PROVIDED BY CONTRACTOR I ' 1.1. Scope of Services. Contractor shall provide professional consultant i services for an update of the City of San Bernardino General Plan Housing Element for the planning period of January 1, 2006 — June 30, 2014, in accordance with Scope of Work, Schedule and Budget, attached and incorporated herein as Attachments 1, 2 and 3. It is agreed that the Contractor shall accomplish the Housing Element Update (the "Project") in accordance with applicable State law and other requirements stated in the Request for Proposals (Attachment 4) and acknowledged in the Scope of Services. 1.2. Professional Practices. All professional and contractual services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. 1 1.3. Warrantv. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assig_ nent. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Contractor shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The Contractor understands and agrees that as the City's consultant, Contractor shall maintain a fiduciary duty and a duty of 'loyalty to the City in performing Contractor's obligations under this Agreement. Contractor, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be compensated for such services for the fixed amount of $99,975.00 as indicated in Attachment 3. .2 2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the City, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Contractor may submit invoices to the City Planner for approval on a progress basis, but no more often than monthly. Said invoices shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to the City Planner for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be completed according to the Project Schedule, unless otherwise approved by the City Planner. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue until satisfactory completion of all work contemplated herein. The date of satisfactory completion shall be the date of submittal of the Final Housing Element to the State Department of Housing and Community Development for certification. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written 3 notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished documents, data studies, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City's sole risk and without liability or legal expense to Contractor. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Contractor shall obtain and maintain, said E&O liability insurance during the 4 life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability, automobile liability and Errors and Omissions liability insurance policies shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given by Contractor to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments for damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. 5 6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor's Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONTRACTOR: IF TO CITY: Brian Judd Valerie C. Ross Vice President, Community Planning Director of Development Services The Planning Center 300 North "D" Street 1580 Metro Drive San Bernardino, CA 92418 Costa Mesa, CA 92626 Fax: 909-384-5080 Fax: 714-966-9221 Tel: 909-384-5357 Tel: 714-966-9220 6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover frorn the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7. Assign ent. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting 6 or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement. 6.8 Indemnification and Hold Harmless. Contractor shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims and workers' compensation claims, to the extent caused by the intentional or negligent acts, errors or omissions of Contractor, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City, once payment in full has been received by Contractor for services already rendered and accepted by the City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, or any use of incomplete documents shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files, audio tapes or any other project related items as requested by City or its authorized representative at no additional cost to City. 6.11 Public Records Act Disclosure. Contractor has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential-all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 7 6.12. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. Contractor shall not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a 8 waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any righf or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be ' construed together and shall constitute one agreement. 6.23. Corporate 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 doing so, the parties hereto are formally bound to the provisions of this Agreement. 9 AGREEMENT FOR CONSULTANT SERVICES TO UPDATE THE GENERAL PLAN HOUSING ELEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, THE PLANNING CENTER, A Municipal Corporation, A California Corporation By Fred Wilson, City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney B y 10 ATTACHMENT I zxcq,t-z o, of o .ihj I) Son C)(marot Upd-rte Prop o", S ?%PLANNING CENTER 2. Scope of Work his chapter describes our scope of services for updating the Housing Element. The major tasks are housing element preparation, public participation, HCD reviews, environmental clearance leading to adoption of the Housing Element, and overall project management. "Your Professional expev+iSe in Itou6n -Element Preparation Proved Task 1: Housing dement Preparation +o be a valvable asset Your Ski(I and knowled made, a po+en+ially This task is designed to provide the City with an updated housing element document. This task will involve updating key parts of the dif f;"It P"Y'e-t an easy +aSk...lovr Housing Element: (1) Introduction; (2) Community Profile; (3) e f fiuen+ and +imely work prodvc+ion Constraints Analysis; (4) Housing Resources; and (S) Housing Plan. 5mat!y redviced +ho time frame for comple+ion of -Hie, element Frlally, 1.1 Introduction yovr Staff Shovld be commended for The first section will involve an update to the Introduction of the +heir friendly and cordial demeanor. Housing Element. The purpose of the Introduction is to set forth the Ovr demands were always me+ statutory reQuirements, organization of the Element, General Plan consistency, and the public participation process. The 2000-200S with a Smile." Housing Element presents each of these items in clear detail. However. —Dave Winn the introduction also presents the opportunity to give greater meaning Mayor,City of Industry (referring to The Planning Center's work on to the Housing Element update beyond complying with state law. the City s Housing Element) This section presents the opportunity to clearly describe and set the stage for housing planning. Items to consider include: • The City's Vision and how the Housing Element furthers that vision as the dynamic urban center of San Bernardino County • The presentation of a Housing Vision that reflects the values set forth in the General Plan and other planning documents • How specifically the public participation process helped shape the goals, policies, and programs of the Housing Element Housing Element Update Services THE PLANNING CENTER I Page 2-1 1.2 Community Profile The next section will involve an update to the Community Profile section of the Housing Element. We strive to produce a solid Community Profile that is more than simply a replication of facts and data, but rather an insightful analysis, presented in a graphically friendly manner, that is relevant to housing planning. Our efforts will focus on updating certain components, as described below. Demographics We will update demographic statistics to reveal the demand for different types and prices of housing in San Bernardino. We will examine past and future population trends, age distribution, race and ethnic composition, household size and composition, employment, household income, overcrowding, housing cost burden, and other demographic factors affecting housing needs. We will also focus on documenting the needs of extremely low-income households, as reQuired under new state law (AB 2634). Many housing elements simply present statistics to comply with state law, but do not specifically relate the findings to practical housing needs and programs. In preparing our work, our goal is to relate data in a meaningful way to the practical implementation of housing programs. For instance, in our work for Pasadena, we identified key demographic trends and compared them to housing programs in an effort to craft recommendations that addressed unmet housing needs. Housing Characteristics We will analyze the City's housing inventory and the extent to which current and future housing needs are met with respect to the availability, adeQuacy, and affordability of housing. We are assuming that the City will provide suitable data that documents the condition of housing in the community (an update of the 1999 Housing Conditions Survey). The Planning Center will examine housing characteristics, tenure and vacancy rates, rents and sales prices, housing affordability, and housing age and condition. Typically, most housing elements rely on Census 2000 data, market information, and other secondary data sources. We can also provide meaningful information from the 2006 American Community Survey, 2002 American Housing Survey, or Claritas 2007 and 2014 projection data, as directed by City staff. These sources can be carefully mined to document a variety of housing and neighborhood conditions in San Bernardino, such as: MW Page 2-2 City of San Bernardino i i • The precise external and internal building conditions • Indicators of housing Quality and deficiencies • Indicators of neighborhood Quality Special Housing Needs This section will analyze the housing needs of seniors, disabled people, homeless people, single-parent households, large families, students, and other special needs groups identified by the City. The purpose of this section is to provide a succinctyet insightful portrait of the most pressing housing needs so that responsive policies and programs can be fashioned. The analysis will contain: • Quantification of persons and/or households • Quantification and Qualitative description of need • Identification of resources available to meet those needs • Description of program/policy options for addressing need While most housing elements present basic information as to the needs of these groups from statistics derived from the Census Bureau, we have secured information from the 2000 CHAS database that will allow us to determine: • The extent of housing problems for income categories used by the Regional Housing Needs Allocation (RHNA) (e.g., very low, low, moderate, and above) • The extent of housing problems for the elderly, small families, large families, and people with disabilities • The extent of housing problems for other specific block groups within the community, if desired or valuable for the Housing Element At-Risk Housing We will evaluate the affordable projects at risk of conversion to non-low- income uses based on a review of state and federal databases, the California Housing Partnership databases, and other information provided by the City. The analysis will contain: • Inventory of units subject to expiration or conversion • Assessment of preservation versus replacement costs • Public and nonprofit entities for potential acouisition • Potential local, state, and federal funding sources Housing Element Update Services THE PLANNING CENTER I Page 2-3 1.3 Constraints Analysis Typically, this section discusses market, governmental, and environmental constraints to development. From our initial assessment, some sections of the 2000-2005 Housing Element are still accurate. In other cases, significant changes to state and federal laws, as well as ambiguities in the present Housing Element, will necessitate changes. With this background in mind, we propose to update the following sections of the Housing Constraints Analysis. Nongovernmental Constraints The housing boom of the late 1990s combined with the recent downturn to create a chaotic landscape for affordable housing. We will analyze the market prices for land, construction materials, and labor. This section will also provide updates on costs, vacancy rates, construction costs, fees, and other factors that affect housing prices. We assume that the City's Economic Development Agency and active nonprofit organizations in the immediate area can provide the latest pro formas for proposed residential projects for this type of analysis. Governmental Constraints Housing Elements must contain an analysis of potential governmental constraints to the production, maintenance, and improvement of housing affordable to persons of all income levels and disabilities. We will conduct a focused analysis of the current governmental and regulatory framework for approving and producing housing in San Bernardino. Issues to analyze in this section include: • Allowable housing types permitted in each zone • Residential development standards and density • Permit processes, including discretionary review • Parking reQuirements • Building, development, and impact fee structures • Building codes and their enforcement • Other related issues affecting housing development Our review indicates that several areas will reQuire updating to comply with recent legislative changes and stringent interpretation by HCD. Some of the examples are: • SB 2. Identification of a zone or zones where emergency shelters and transitional housing are allowed as a permitted use. Page 2A City of San Bernardino F • AB 2348. Documentation of the appropriateness of zoning, density, and development standards to facilitate affordable housing for very low and low income households. • SB 1087. Coordination with water and sewer providers on housing plan and priority service to housing with units that are affordable to lower income households. Should actual governmental constraints be identified, the Housing Element must contain programs to mitigate or remove actual constraints on housing, to the extent feasible and legally possible. Our experience indicates that the Department of Housing and Community Development will look at three specific potential governmental constraints—land use capacity, tenure of housing production, and the discretionary permitting process (e.g., whether or not housing is expressly or conditionally permitted)—as potential barriers to affordable housing. If any of these regulations is deemed a constraint, programs must be devised to mitigate its impact. Environmental and Infrastructure Constraints The Housing Element will contain a current discussion of water, sewer, and transportation constraints to the production, maintenance, and improvement of housing. The General Plan EIR for the 2005 Land Use Element will provide a program-level analysis. The Housing Element will likely rely on a combination of sites for housing already proposed in existing development projects or in approved Specific Plans. We will reference each of the EIRs for each development project to document adeQuacy of infrastructure constraints to development. This analysis will also be folded into the environmental documentation reQuired to clear the Housing Element pursuant to CEQA. 1.4 Land Inventory The Housing Resource section is designed to identify, analyze, and evaluate the adeQuacy of land, financial, and administrative resources necessary for the City to achieve its housing goals, including the RHNA prepared by the Southern California Association of Governments (SCAG). Identifying New Construction Goals In addressing the City's housing production need, the first step will involve determining the amount of new production reQuired. According to SCAG's RHNA, the City has been allocated a need for 5,687 new Housing Element Update Services THE PLANNING CENTER I Page 2-5 units between 2006 and 2014. Of this total the allocation is divided into four income/affordability categories: • 1,275 units affordable to ve ry low income households • 913 units affordable to low income households • 1,079 units affordable to moderate income households • 2,420 units affordable to above moderate income households With known existing projects and development projects in the pipeline, it appears that the City already has sufficient capacity to completely address its above moderate income reQuirement. However, as is the case with most housing elements, the City will need to focus efforts on addressing the development capacity for very low, low, and moderate income units. Identifying Housing Sites The City of San Bernardino is not reouired to produce the remaining units, but rather is responsible to demonstrate that the residential density and development standards on available housing sites are sufficient to facilitate the production of affordable housing, assuming that sufficient regulatory and financial incentives are available to developers. The HCD now reQuires a mapped, parcel level inventory; a thorough analysis of why housing sites are suitable to facilitate housing at different prices; and greater programmatic commitment to facilitate the development of sites. As a first step, we will update the City's land inventory currently identified in the 2003 Housing Element to identify potential housing sites to address the RHNA. Unless a large number of sites are no longer viable, the City's vacant land resources should be adeQuate to accommodate much, if not all, of the City's remaining RHNA responsibility. Typically, the most suitable sites allow for a density of 30 units per acre. Using sites recommended by City staff, we will show how the underlying zoning, density, and development standards are sufficient to facilitate affordable housing. Typically, we talk to nonprofit and for-profit developers in the community or region who specialize in affordable housing to determine the general preconditions necessary to facilitate affordable housing. This analysis will be compared with the City's land inventory to present the sites most suitable for new housing that is affordable to low and moderate income households. We can also assist the City in Quantifying its housing potential in mixed use zones and OWN commercially designated areas that permit housing. I Page 2-6 City of San Bernardino i I I f - i Our cost estimate does not include site-by-site fieldwork. However, as discussed later in this task, we will work withyou to identify the most critical information needed for the land inventory so that it meets the reQuirement5 of new state law reQuiring a more parcel-specific focus. The land inventory will also be crafted to plan for and attract key housing product types to position the City for the end of the current housing slump. When the housing market does rebound, development interest that is currently on hold will Quickly return. Through the Housing i Element, the City will be able to identify where and what types of new housing should be constructed, outside of development pressures that accompany a sudden resurgence in housing production. The land inventory should also be developed with an understanding of the current and desired neighborhood structures and identities. The influence of housing product types on the character of a neighborhood cannot be understated. The ability to accommodate growth must be balanced against the desire to retain lower density neighborhoods and create more urbanized areas of the City. For example, the land inventory will likely designate housing sites along AVON the E-Street Corridor, connecting employment centers, transit centers, and major activity centers with housing. By locating housing near these areas, residents will have a greater incentive to walk, which reduces the reliance upon automobiles and confers health benefits to the residents from exercise and improved air Quality. Intensification in the downtown and along key corridors may allow neighborhoods in the northern area of the City to downzone multifamily zoned land and encourage more compatible development. This proposal assumes that the City will provide up-to-date GIS parcel and attribute data including zoning, general plan land use, redevelopment boundaries, and other key data such as parcel size, APN, and ownership status. This proposal also assumes that the vacant land P resources will be adeQuate to accommodate the RHNA. If more than five underutilized sites must be analyzed to accommodate the RHNA, a budget augment will be necessary. Financial and Administrative Resources The Housing Element will discuss the major sources of local, state, and federal financial resources available to address San Bernardino's housing needs. The Housing Element is also reQuired to document the I administrative resources that can help the City address its housing needs. The Housing Element will provide an inventory of financial and Housing Element Update Services THE PLANNING CENTER I Page 2-7 administrative resources available for developing, rehabilitating, and preserving affordable housing units in the City of San Bernardino. Although housing elements often have exhaustive lists of founding sources and administrative organizations, this type of detail is not necessary to have a certified housing element. Thus, in drafting this section, the goal is not to indicate all sources of funding and administrative capacity, but rather to provide a snapshot of key resources that the City provides to administer their housing programs. 1.5 Housing Plan We understand that the San Bernardino City Council is committed to developing realistic housing strategies to help address the community's current and future housing needs. Our team is well versed in how to strategically evaluate housing programs and craft responsive plans far beyond the depth of analysis in most housing elements. We propose to evaluate the current progress of housing programs, refine the current menu of policies in the Housing Element, and develop a Housing Plan in concert with discussions and direction from City staff. Program Evaluation A thorough and well-documented evaluation of current housing programs is the key to understanding program strengths, the gaps in meeting current or future housing needs, and the need to modify or add housing programs to address the city's existing or future housing needs. We therefore believe that a solid evaluation of the City's housing programs is essential to drafting a meaningful housing element. In a local government the size and complexity of San Bernardino, the program evaluation should be carefully structured. To begin this effort, we will review federal and state reports (e.g., CAPERS, Annual Reports, General Plan progress report, and other internal progress reports). We will also provide a policy and program matrix for staff to complete that documents progress in achieving the goals of the 2000-2005 Housing Element. This matrix will assist in determining the need to modify existing programs, introduce new programs, or eliminate obsolete ones. After distributing the information to City staff and receiving Quantified and Qualitative information regarding the current programs, we will then conduct a series of interviews with City staff responsible for program implementation. The purpose of the interviews will be to hone in on individual programs to propose modifications that are needed to improve success, delete programs that are no longer necessary, or add new initiatives needed to meet unmet or future housing needs. Page 2-8 City of San Bernardino FM1 ' 1 M The Planning Center brings significant experience to bear in this effort. We recently completed an extensive housing program evaluation for the City of Pasadena. This effort reviewed and made modifications to the City's most critical housing programs and developed eleven new housing initiatives to pursue for the Housing Element. The Urban Land Institute held a Technical Assistance Panel to review the report, and endorsed all the recommendations. In April 2007, the City Council earmarked nearly $10 million in funds to implement the report. Housing Plan Development The Housing Plan must promote and further fair housing and set forth a series of programs to encourage the maintenance, production, and improvement of housing for all economic segments of the community. The vast majority of programs to be included in the Housing Element are identified in local, state, and federal housing planning efforts. We will incorporate—to the extent they are still relevant—the housing programs as well any modifications or deletions generated during earlier tasks. The draft Housing Plan will, at minimum, achieve the following objectives consistent with the reQuirements of state law: • Identify sites to facilitate and encourage development of various types of housing for all income levels. • Encourage housing types that reduce automobile dependence, improve air Quality, and further City economic goals. • Create Quality neighborhoods through the conservation and improvement of housing and supporting community services. • Assist in the development of adeQuate housing to meet the needs of very low, low, and moderate income households. • Address and, where appropriate and legally possible, remove governmental constraints to housing for all income levels. • Conserve and improve the condition of the affordable housing stock, which may include addressing ways to mitigate the loss. • Promote fair housing opportunities for all persons regardless of race/ethnicity, income, household type, or other similar status. • Preserve lower income assisted housing developments, in particular those at risk of conversion. Housing Element Update Services THE PLANNING CENTER I Page 2-9 Housing Plan Implementation The last task of the Housing Plan is to create an implementation plan. To that end, we will update the City's current plan, which includes measurable objectives, timelines, financial resources, and agencies responsible for program implementation. This level of detail is reQuired to meet the statutory reQuirements of state law and to provide a solid basis for success in the implementation of the Housing Element. As is the case with the prior housing element, the implementation plan will also contain Quantified objectives with respect to: • Construction of new units by affordability level • Preservation of existing at-risk units by affordability level • Preservation and rehabilitation by affordability level In setting forth the Quantified objectives, we will carefully review the Consolidated Plan, the Redevelopment Implementation Plans, and other determinative housing planning documents to ensure that the Quantified objectives are consistent and incorporated into the Housing Element. Meeting with different departmental staff will be the key to this effort. Finally, the housing implementation plan will contain a section describing the consistency of the Housing Element with other elements of the General Plan. Since the General Plan was recently updated, the consistency matrix will be prepared in a summary fashion, showing where key policy areas are consistent with different Elements of the General Plan. If changes need to be made to'other elements, the implementation program will specify those changes. Task 2: Public Outreach Housing element law reQuires that a diligent effort be made to include nonprofit groups, housing advocates, and the general public in the development and implementation of the housing element. The outreach program is designed to achieve three objectives: (1) satisfy reQuirements of state law, (2) obtain direction from key decision makers, and (3) provide consensus on key housing program initiatives. To minimize budget, The Planning Center's role will be to augment rather than replace City staff during the outreach program. The outreach program will consist of the following two components: • Community and stakeholder meeting to provide community-wide and focused input on community housing needs and potential programmatic solutions Page 2-10 City of San Bernardino Study Session before the elected officials and the public to discuss the Housing Element and its program initiatives prior to submittal to the State and as a precursor to public adoption hearings Following receipt of a letter of compliance from HCD, the third phase would be to schedule and hold public hearings to adopt the Housing Element. This proposal assumes that the City staff will be able to carry. the Housing Element through the public hearing phase and does not include any time for preparation or attendance at public hearings. 2.1 Community and Stakeholder Workshop We understand that the City has already conducted significant outreach as part of the recent General Plan update. Rather than unnecessarily repeat prior efforts, we propose a more targeted approach. We propose one Housing Element workshop for the general public and key stakeholders to solicit the important housing needs facing the community and potential programs that may be undertaken to address unmet needs. We assume that the City will handle all arrangements, advertising, noticing, and any auxiliary details necessary to facilitate the workshop. The Planning Center will be responsible for preparation of materials, trilingual notices, and presentation materials, boards, and graphics. In preparing for the workshop, we will work closely withyou to ensure the presentation materials are suitable for the audience. While we have only budgeted for one meeting to preserve costs, we can expand the scope during the project if the City feels additional outreach efforts are necessary. Deliverables • Preparation, attendance, and lead for one workshop • PowerPoint presentation or other materials • Summary of notes and comments received at the workshop 2.2 Study Session Prior to submitting the draft Housing Element to the State of California Department of Housing and Community Development, we recommend holding a joint study session with the Planning Commission and the City Council. This allows for the gradual refinement of the draft Housing Element and ensures that the Element is reviewed at a high level prior to any review by the state. Housing Element Update Services THE PLANNING CENTER I Page 2-11 J i `s 4 i l I - - 1 We assume that the City will handle all arrangements, advertising, noticing, and any auxiliary details to facilitate the study session. The Planning Center will be responsible for preparation of materials, notices, and materials, including boards, graphics, etc. Our budget assumes this study session is conducted in English only. If a joint session is not possible, we will present to the Planning Commission or City Council (upon the City's direction). If both bodies wish to hear the presentation, the budget may have to be adjusted to accommodate two sessions. Prior to the meeting, each elected official and planning commissioner will be provided a synopsis of the Housing Element and a full draft for their review and consideration. Deliverables • Synopsis or draft Housing Element policy piece • Preparation for and attendance at the meeting • PowerPoint presentations for the meeting Task 3: Preparation of Draft Housing Element and HCD Review The draft Housing Element must be re ared and then reviewed b the PP y HCD. The following subtasks are envisioned in this effort, though the precise steps may change depending on the evolving circumstances of the Housing Element update process. 3.1 Preliminary Draft Element The Planning Center will prepare an administrative draft of the Housing Element. Prior to preparation of the draft, we anticipate working with you to decide upon the appropriate format for the document, the style of presentation, and graphic needs. We have in-house graphic artists and designers who can assist in providingyou the most progressive and reader-friendly document layouts, designs, and graphics. This proposal assumes two internal rounds of review. To facilitate this process, we assume that City planning staff will distribute the document to departments during both rounds and provide an internally consistent set of consolidated comments to the consultant team. Future reviews should be conducted following comments by elected officials and the HCD to ensure the final document is suitable for public distribution. This task also allows for our professional editing staff to Page 2-12 City of San Bernardino II " thoroughly review the draft documents prior to their release to the City or general public. Deliverables • Preliminary Draft Housing Element (PDF copy) • Second Preliminary Draft Housing Element (PDF copy) • Third Preliminary Draft Housing Element (20 copies) for the study session 3.2 Submittal to HCD and Response to Comments Following the study session, we will revise the draft Housing-Element for distribution to and review by HCD, which has 60 days to complete the review and reply with written comments and a determination of adeQuacy. HCD will direct the majority of its focus on housing sites, zoning, development standards, and programs to determine whether they are sufficient to encourage and facilitate housing production commensurate with the City's RHNA. As is the case with large and complex communities, we anticipate the HCD review process will be detailed. Rather than offer strategies and wait for HCD's response, we recommend working with them up front to determine the feasibility of various strategies. This would avoid the situation where the City Council accepts a concept only to have it rejected by the HCD. We will work with HCD through informal consultations to flesh out any potential areas of concern upfront, so these issues can be addressed before submitting the draft. Once we have received written comments from the HCD, we will work closely with City staff and HCD reviewers to address any outstanding concerns on the draft. This is typically an iterative process, reQuiring a series of formal and informal communications. If significant program commitments are reQuired to achieve substantial compliance, we recommend holding a City Council study session prior to resubmitting the draft to the HCD. However, based on the City's RHNA, we do not anticipate the need for an additional study session (which would reQuire a budget augment). For budget purposes, we anticipate two rounds of formal review. Typically, the need for a third round of HCD review depends on the nature of the challenges faced in the Housing Element and how aggressive the programs are in the first draft. To ensure a speedy and predictable review process, we will work with the HCD throughout the development of the Housing Element to identify any areas of potential a Housing Element Update Services THE PLANNING CENTER j Page 2-13 concern upfront so that the draft Housing Element submitted to the HCD has the best chances of securing a speedy review and approval. Deliverables • HCD Review Draft Housing Element (2 color copies) 3.3 Preparation of Public Review and Final Draft Following receipt of comments from the HCD and letter of substantial compliance, The Planning Center will produce a public review draft of the Housing Element for consideration by the City Council and Planning Commission. At this point, comments from the environmental review process will also be received from the public and interested parties, necessitating slight adjustments in the Housing Element. Following receipt of comments from the Planning Commission and City Council at the public hearings, The Planning Center will prepare a final draft of the Housing Element suitable for public records. The final draft will include comments received during the public hearing, both on the Housing Element and environmental clearance, as directed by City staff. Upon completion, critical project files (including an editable copy of the Element and a PDF copy) will be provided to the City on CD. At this time, to conserve budget and recognize the increasingly electronic nature of document review and distribution, this proposal assumes that hard copies will be limited to I color copy of the Draft Housing Element for the public hearings and one unbound copy of the Final Housing Element. Deliverables • Public Review Draft Housing Element (I color copy) • Final Housing Element (unbound, camera ready) • Editable final copy in Word and PDF copy Task 4: Environmental Review 4.1 Initial Study/ND Based on the available strategies proposed above to meet housing reQuirements, it appears that the City can achieve their assigned RHNA allocation without amending the land use plan of the General Plan. Major land use or infrastructure improvements are not to be reQuired. Based on this preliminary conclusion, it appears that environmental impacts related to the Housing Element are not significant. Page 2-14 City of San Bernardino Our proposed scope of work, therefore, is based on the assumption that an Initial Study will be prepared that supports a Negative Declaration (ND) under the California Environmental Quality Act (CEQA). If a more aggressive Housing Element is necessary to achieve the City's RHNA allocation, preparation of a Mitigated Negative Declaration (MIND) may be reQuired. If this becomes necessary, a revised scope of work and contract amendment will be submitted to the City. Although each potential environmental impact as identified in the CEQA Appendix G checklist will be addressed in the Initial Study, the analysis will focus on air Quality, land use, noise, and population and housing. The proposal assumes that no major land use changes will be necessary to accommodate the City's future housing need. If any changes reQuiring technical analysis, particularly those involving air, noise, or traffic, a budget augment may be necessary. Our proposal includes coordination with the City to achieve the adoption of an ND for the project. The Planning Center will edit the Initial Study/ND upon receipt of comments from the City. We will also coordinate with the City to prepare reQuired agency and public noticing for review of the Initial Study/ND. Upon receipt of comments, we will coordinate with City staff and provide responses, as reQuested, to enable staff to adeQuately address issues for decision makers. Deliverables • Draft Initial Study/ND 4.2 Document Reproduction and Mailing The Planning Center will be responsible for distribution and mailing of the Notice of Intent (NOI) and Initial Study/ND. We assume the City will prepare the newspaper notice. Document reproduction is based on an assumption of 5 copies of the Screencheck Initial Study/ND and 40 copies of the Initial Study. The copies of the Initial Study/ND will be mailed via certified mail for the 30-day public review. Deliverables • Notice of Intent • Screencheck Initial Study/ND (PDF copy) • Draft Initial Study/ND (20 copies) • Certified mailing of Initial Study/ND Housing Element Update Services THE PLANNING CENTER Page 2-IS i 4.3 Meetings and Public Hearings As in Task 2, The Planning Center's role in public hearings will be to support City staff but not to attend or present at public hearings. Should our presence be necessary at public hearings, attendance would be invoiced on a time-and-materials basis approved by the City. Upon adoption of the ND, The Planning Center will file the reQuired Notice of Determination (NOD) with the County Clerk. The Planning Center will also submit the reQuired California Department of Fish and Game (DFG) CEQA filing fees to the County Clerk as reQuired upon filing the NOD. As of January 1, 2007, DFG filing fees for a Negative Declaration increased to $1,250. Deliverables • Final Initial Study • Final Negative Declaration • Notice of Determination Task 5: Project Management and Meetings This task is necessary to provide for the day-to-day management of the project and product review and oversight, including extensive coordination with the City, billing activities, and budget and schedule maintenance. This assumes the preparation of progress reports to the City, as needed, up to eight meetings with City staff, and two hours per month for administrative details, billing, and project coordination over the course of twelve months. Additional meetings and coordination with other groups will reQuire an augmentation to this scope and budget. The first of the four staff meetings (kickoff meeting), will be held to meet with the City to review and refine the scope of work, discuss key issues, and collect important data (such as GIS files, housing documents, Format data from the freshly updated General Plan, and other information). The remaining staff meetings are provided to guide the update effort, discuss housing programs, address any issues that may arise during the update process, and coordinate efforts with the various City departments. Staff meetings may also be held to coordinate with any developers proposing major residential or mixed-use residential projects within the community that affect the land inventory. Deliverables: Up to four staff meetings Page 2-16 City of San Bernardino i i i ATTACHMENT 2 i i .` ' d u I e Clfy�, 1 i t ��THE CPLANNING VCENTER I 3. zichedule ypically, the vast majority of Housing Elements can be completed in approximate� oneyear from contract execution to adoption by the City Council. Therefore, if work begins in March, we would anticipate completion, certification, and adoption of the Housing Element by )Lme 2009. (see milestones nextpoSO 2008 Housing Element Update Schedule 2008 2009 Ta sk Task Description ug Sep Oct No, Jun ,H 1.1 Introduction 77-7 1.2 Community Profile 1.3 Constraints Analysis 1.4 Land Inventory -1.5 Housing Plan -'Public Outreach 2.1 Community/Stakeholder Workshop 2 1 -2.2 Study Session 3 T Draft Housing Element&HCO Review 31 Preliminary Draft Element- 3 5 6 3.2 Submittal to HCD and Response 1 4 1 1 --- J 81 10 14 3.3 Public Review and Final Draft 12 17 Environmental Review 4.1 Initial Study/Negative Declaration 9 11 4.2 Document Reprodu ction/M ailing 11 4.3 Meetings and Public Hearings 13,15, 16 Upmi-ect MAnagem6rit and Meetings Project Management T7 I Staff Meetings (4) 1 1 1 Notes:Numbers in the schedule indicate milestones(see following page). Housing Element Update Services THE PLANNING CENTER Page 3-3 i - I 4 i i NOW 2008 Housing Element Update Milestones and Deliverables Milestone Delivery Dale Task I Kickoff Meeting June 2008 5 2 Community/Stakeholder Workshop September 2008 2.1 3 Preliminary Draft Housing Element November2008 3.1 4 Initial HCD Consultation November 2008 3.2 5 Second Preliminary Draft Housing Element December 2008 3.1 6 Third Preliminary Draft Housing Element January 2009 3.1 7 Study Session January 2009 2.2 8 Submittal of HCD Review Draft to HCD February 2009 3.2 9 Draft Initial Study/ND February 2009 4.1 10 HCD Certification (verbal) March 2009 3.2 1 1 Initial Study/ND and 30-Day Public Review April 2009 4.1/4.2 12 Public Review Draft Housing Element April 2009 3.3 13 Planning Commission Public Hearing May 2009 2/4 14 HCD Certification (formal) May 2009 3.2 15 City Council Public Hearing June 2009 2/4 16 Final Initial Study/ND and Notice of Determination June 2009 4.3 17 Final Housing Element June 2009 3.3 Page 3-4 City of San Bernardino I , i ATTACHMENT 3 det"A i i . �� TF,E N C RCE TER NNING r. j U dget 2008 Housing Element Update Budget Task Task Description cost Reimbursable Expense cost rm r 1.1 I Introduction $1,590 12 Community Profile $9,680 1.3 Constraints Analysis $12,170 1.4 Land Inventory 513,500 1.5 Housing Plan $12,580 I IT. r 2.1 Stakeholder/Community Workshop(1) $8,000 PowerPoint,Maps(1 hard copy) $200 2.2 Study Session(1) $4,360 See Task 3.1 ' iii HID Re,iewand lily Adoption 3.1 Preliminary Draft Element(3 Drafts) I $4,000 20 hard copies of Draft Element for Study Session $500 3.2 Submittal to HCD and Response $4,500 HCD Draft Element(2 hard copies in color) $270 3.3 Public Review and Final Draft $3,500 Public Review and Final Draft(1 hard copy each) $270 Environmental Review $2,625 41 Initial Study/Negative Declaration $10,110 IS/ND(20 hard copies) $1,000 4.2 Document Reproduction/Mailing $1,500 IS/ND Certified Mailing+CDFG Filing Fees $1,625 4.3 Meetings and Public Hearings $1,000 -5"--.* ftoJect Management and Meetings $9.620 Project Management and Meetings Pro ect Man, ement and Meetings I 9 Labor Costs $96,110 Reimbursable Costs $3,865 TOTAL-COST See additional notes on next page. Housing Element Update Services THE PLANNING CENTER Page 4-1 The Planning Center 2008 Standard Fee Schedule Staff Level Hourly Rate Principal $20G-$250 Director/Team Leader $150-$200 Sr.Planner/Scientist/Designer II $130-$200 Sr.Planner/Scientist/Designer 1 $110-$150 Associate Planner/Scientist/Designer II $100-5125 Associate Planner/Scientist/Designer 1 $90-$105 Assistant Planner/Scientist/Designer II $70-$95 Assistant Planner/Scienfist/Designer I $60-$75 GIS/CAD Operator II $95-$130 GIS/CAD Operator 1 $85-$100 Graphic Artist II $75-$125 Graphic Artist 1 $65-$85 Planning TechnicianAntem $55_$75 Technical Editor $90_$95 Word Processing $70-$80 Clerical/Adminstration $55-$95 Third-Party CEQA Review $200 Expert Witness 2 x Normal Hourly Rate Other direct costs are billed at cost plus 12.5%. NOTES: I Unless noted,all copies are to be made in black and white and color copies are extra to the contract. Estimates assume a 150-page Housing Element document. 2 The Planning Center can also provide individual CDs at a substantially lower cost than paper copies. 3.In conformance with the RFP,The Planning Center does not include any reimbursable budget for travel or courier costs. 4.Reimbursable expenses include the costs for printing,copies,external data collection,and mailings,and are charged at cost plus 12.5 percent. S.The charts summarize the associated budget for each respective task.The actual expenditure for each task may vary. The Planning Center will communicate any significant deviations from the proposed budget for each task on a monthly basis,if necessary. 6.The budget assumes completion of the housing element to occur no later than June 2009.Additional time beyond this will be subject to annual adjustments in labor rates.The budget shown is a total,not to exceed cost estimate. T The budget assumes limited changes from draft to final certification. Responses to any significant comments from HCD or significant issues generated through the public review would be considered outside of the scope of work and budget and reQuire an augmentation. Page 4-2 - City of San Bernardino x ATTACHMENT 4 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT HOUSING ELEMENT UPDATE REQUEST FOR PROPOSALS (RFP) JANUARY 2,2008 PROPOSALS DUE JANUARY 24,2008 1.0 OBJECTIVE The City of San Bernardino seeks proposals for consultant services to prepare an update of the City's General Plan Housing Element. The consultant must be experienced in all aspects of housing element preparation and adoption, including data gathering and analysis, public outreach, policy recommendations,public hearings and interaction with the California Department of Housing and Community Development(HCD). The ideal candidate would also be familiar with the demographics and housing market trends of the City of San Bernardino and the surrounding area. 2.0 BACKGROUND INFORMATION The City of San Bernardino is approximately 60 square miles in area, located approximately 60 miles east of Los Angeles, intersected by the I-10, I-215 and I-210 freeways. The population estimated by the California Department of Finance(DOF) as of January 1, 2006,the beginning of the planning period, was 201,699. The current Housing Element was certified by HCD in 2003 and the rest of the General Plan was updated in 2005. The General Plan contains all relevant background information, and is available for review on the City of San Bernardino web site: www.sbcil3,.org. 3.0 SCOPE OF SERVICES The consultant should propose to perform all work required to update the City Housing Element in compliance with State law, including Government Code Section 65580— 65589, AB 1715, AB 2348 and SB 2. The update schedule should conform to the deadline specified by the State for cities of the Southern California Association of Governments(SCAG) cities. The proposal should detail the methods and work products of all tasks related to the Housing Element update, including but not limited to: • Review of the current Housing Element. • Data collection and analysis required to update descriptions of existing population and housing characteristics. • Public outreach activities, as needed to involve the community, including housing advocates and service agencies in the update process. Housing Element RFP City of San Bernardino January 2, 2008 Page 2 of 4 • Evaluation of progress toward meeting housing production goals and other quantified objectives identified in the current Housing Element. • Recommendations for new and updated objectives and policies, as needed. • Analysis and assurance of continued internal consistency between the Housing Element and other elements of the City General Plan. • CEQA compliance documentation. • Communication with other agencies that may be involved in implementation of housing programs, particularly the City Economic Development Agency. • Attendance at Planning Commission and Common Council meetings to present the draft Housing Element for approval. 4.0 PROPOSAL CONTENT REQUIREMENTS The proposal shall contain the following: A. A cover letter expressing the respondent's interest in the project and ability to perform the required services. The cover letter shall indicate contact information for the individual responsible for the proposal. B. Names and resumes of all key personnel employed by the respondent or proposed as sub-contractors who will be assigned to perform services described in the RFP. The respondent shall also indicate the percentage of project effort to be spent by each team member. In addition,the proposal shall identify a designated project manager with full authority to administer the contract. Any proposed substitutions of personnel are discouraged and must be approved in advance by the City. C. A summary of the respondent's background and experience specifically related to preparation and updates of General Plan Housing Elements. D. A Scope of Services, Project Schedule and Project Budget suitable to append to a City of San Bernardino standard Agreement for Professional Services (sample agreement is enclosed). The Scope of Services shall include a list of deliverables, with major deliverables to be incorporated in the Project Schedule and itemized in the Project Budget. E. A proposed program of public outreach. Alternative approaches may be proposed and represented as optional tasks in the Scope of Services and Project Budget. F. Hourly rates charged for all personnel involved in the project, including any associated support staff or sub-contractors, as a supplement to the project budget. G. A statement of availability to begin work immediately upon approval of an Agreement for Professional Services, and ability to deliver work products as proposed in the Project Schedule submitted in the proposal. Housing Element RFP City of San Bernardino January 2, 2008 Page 3 of 4 H. A statement accepting the terms of the City of San Bernardino standard Agreement for Professional Services, or specifying any requested modifications. I. A statement of local preference eligibility, including identification of any office located in the City of San Bernardino,the number of employees working there and a copy of the City of San Bernardino Business Registration Certificate. J. A minimum of three (3) California city or county references for Housing Element work, including the client contact information, a brief description of the work performed,the status of the element and date of completion. K. Any additional or different information or work the respondent recommends for a successful update of the City's Housing Element. 5.0 SUBMITTAL REQUIREMENTS Proposals shall be submitted by 4:00 p.m. Friday January 24,2008. Submit 5 copies to: City of San Bernardino Development Services Department ATTN: Valerie C. Ross, Director 300 N. "D" Street San Bernardino, CA 92418 6.0 INSURANCE AND INDEMNIFICATION The consultant shall procure and maintain at the consultant's expense for the duration of the contract a program of insurance satisfactory to the City. Where such insurance is provided by a commercial insurance carrier, such insurance shall be secured through a carrier satisfactory to the City, and shall name the City an additional insured. Specific forms of insurance and limits are specified in the City's standard Agreement for Professional Services. The standard Agreement also specifies the indemnification and hold harmless requirements of the City. 7.0 SELECTION PROCESS City staff will review all proposals and make a preliminary selection based on consultant qualifications and proposal contents, including the proposed schedule and fees. Familiarity with the City of San Bernardino and local housing needs and issues will be considered very desirable. Staff may not interview respondents, but may contact respondents for additional information or clarification of the proposals. Upon the preliminary selection of a consultant, staff will prepare an Agreement for Professional Services to present to the Mayor and Common Council for approval. The Agreement will be based on the enclosed sample with the Scope of Services, Project Schedule and Project Housing Element RFP City of San Bernardino January 2, 2008 Page 4 of 4 Budget of the selected proposal appended. Staff anticipates that the preliminary selection of a consultant will be completed within two weeks of receipt of the proposals. 8.0 CITY RESPONSIBILITIES The Planning Division of the Development Services Department will be responsible for administration of the Housing Element update, including provision of available background information and materials to the Contractor. The City will be responsible for advertisements and notices of public hearings and meetings. t 9.0 GENERAL PROVISIONS This Request for Proposals does not commit the City to award a contract or to pay any costs incurred in the preparation of a proposal in response to this request. This RFP is not a contract or commitment of any kind. All proposals in response to this RFP will become the property of the City and may be used by the City in any way deemed appropriate. The City reserves the right to accept or reject, in part or in its entirety, the proposal if such action is deemed to be in the best interest of the City. The City does not compensate for travel time, courier services, mileage or reimbursement for travel to the City of San Bernardino to perform services or complete tasks in the scope of work. Respondents should not include such travel expenses in the budget proposal. Enclosure: Standard City of San Bernardino Agreement for Professional Services