Loading...
HomeMy WebLinkAboutA8761 - LeSar Development ConsultantsCity of Palm Springs OFFICE OF PROCUREMENT & CONTRACTING To: Office of City Clerk From: Office of Procurement & Contracting Subject: Professional Services Agreement for Housing Consultant Services Date: 4/22/2021 Attached are the following documents: 2 sets of Contract documents executed by Contractor and notarized Certificates of Insurance Copy of Contract Abstract of Applicable) s Contract Check List O�PALMSA� v v °•roueo ` P Cq</FO;t CONTRACT ABSTRACT COMPANY NAME: LeSar Development Consultants COMPANY CONTACT: Jennifer Lesar - President CONTRACT PRICE: Hourly rates as per contract FUNDING SOURCE: 1-10. 40- 4Z-5q)', 91q•30•$531- g3ZOD, DOI. )0. blot)_ y3ava SUMMARY OF SERVICES: Housing Consultant Services CONTRACT TERM: 1 years with three (3) one (1) year options to renew. LEAD DEPARTMENT: Community and Economic Development CONTRACT OFFICER: Jay Virata CONTRACT COMPLIANCE: (PLEASE CHECK) ❑ EXHIBITS ® NA INSURANCE CERTIFICATE ❑ NA ❑ PERFORMANCE/PAYMENT BONDS ® NA COUNCIL/COMM REDEV AGENCY APPROVAL DATE: MINUTE ORDER/RESOLUTION NUMBER: N/A AGREEMENT NUMBER: PREPARER'S INITIALS: lag PREPARER'S EXTENSION: 8374 DATE PREPARED: 12/1/20 ACORO® Ill 1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 04/26/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Stromsoe Insurance Agency 24910 Las Brisas Road, Ste 117 Murrieta, CA 92562 CONTACT Erica Gates PHONE FAx 0 • (951)6005751 (A/C No): (951)677-6265 E-MAIL ADDRESS: erlCa@S180nIine.COm License #: OD06577 INSURERS AFFORDING COVERAGE NAIC# INSURERA: Citizens Ins of Co of America 31534 INSURED INSURERS: Allmerica Financial Benefit Ins 41840 INSURERC: Em to ers Preferred Insurance Co 10346 LeSar Development Consultants 404 Euclid Ave, Ste 212 San Diego, CA 92114 INSURERD: Hiscox Insurance Company Inc. 10200 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 00015031-2869547 REVISION NUMBER: 204 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDNYYY POLICY EXP MMIODNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y OB3D980118 07/19/2020 07/19/2021 EACH OCCURRENCE $ 21000,000 CLAIMS -MADE a OCCUR DAMAGE ( RENTED PREMISESS Ea occurrence) $ MED EXP (Any one person) $ 1 O 0O0 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY1:1 PO - JET F7LOC GENERAL AGGREGATE $ 4000000 PRODUCTS -COMP/OP AGG $ 4,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y AW311­1003284 08/10/2020 08/10/2021 Eaaac dentSINGLEUMIT $ 1 000 000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED X AUTOS ONLY X AUTOS ONLY PROPERTY DAMAGE Per accident $ A UMBRELLA LIAB X OCCUR 063D980118 07/19/2020 07/1912021 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 X EXCESS LAB CLAIMS -MADE DED RETENTION $ $ C WORKERANDEMPS YERS'LIATIONILIT AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F N/A Y EIG267336303 12/01/2020 12/01/2021 X STATUTE ER" 1,000,000 E.L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ D Professional Liabili MPL2293469.20 07/15/2020 07115/2021 2,000,000occurance 4,000,000 Agg A Business Personal Pr 0133D980118 07/19/2020 07/19/2021 BOP Property (BOPPR 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Palm Springs, its officials, employees, and agents are named as an additional insured with respect to City of Palm Springs Contract No. 8761 when required by written contract. Insurance is primary and non-contributory including waiver of subrogation when required by written contract CERTIFICATE HOLDER CANCELLATION City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by EMG on April 26, 2021 at 01:54PM 14. AUTO LOAN PHYSICAL DAMAGE EXTENSION The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: When a "loss" results in a total loss to a covered auto you own for which a Loss Payee is designated in this policy, the most we will pay for "loss" in any one "accident" is the greater of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or 2. The outstanding balance of the initial loan, less any amounts for taxes, overdue payments, overdue payment charges, penalties, interest , any charges for early termination of the loan, costs for Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan, and carry-over balances from previous loans. 15. AUTO LEASE PHYSICAL DAMAGE EXTENSION The following is added to SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance provision: If, because of damage, destruction or theft of a covered "auto', which is a long-term leased "auto', the lease agreement between you and the lessor is terminated, "we" will pay the difference between the amount paid under paragraph C. LIMIT OF INSURANCE 1. or 2. and the amount due at the time of "loss" under the terms of the lease agreement applicable to the leased "auto' which you are required to pay: less any fees to dispose of the auto; any overdue payments; financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; security deposits not refunded by the lessor; cost for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan; and carry over balances from previous leases. This coverage applies only to the initial lease for the covered "auto" which has not previously been leased. This coverage is excess over all other collectible insurance. SECTION IV - CONDITIONS 16. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss: d. Knowledge of any "accident', claim, "suit' or "loss" will be deemed knowledge by you when notice of such "accident', claim, "suit' or "loss" has been received by: (1) You, if you are an individual; (2) Any partner or insurance manager if you are a partnership; or (3) An executive officer or insurance manager if you are a corporation. 17. BLANKET WAIVER OF SUBROGATION Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us, SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions is replaced by the following: Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 6 of 7 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, which have not been waived through the execution of an "insured contract', written agreement, or permit, prior to the "accident" or "loss" giving rise to the payment, those rights to recover damages from another are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after the "accident' or "loss" to impair them. 18. UNINTENTIONAL FAILURE TO DISCLOSE INFORMATION The following is added to SECTION IV BUSINESS AUTO CONDITIONS. B. General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud Your unintentional error in disclosing, or failure to disclose, any material fact existing after the effective date of this Coverage Form shall not prejudice your rights under this Coverage Form. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. Hanover Insurance Group_ AW3H003284 1001542 19. HIRED AUTO - WORLDWIDE COVERAGE The following is added to SECTION IV - Business Auto Conditions, B. General Conditions, paragraph 7. Policy Period, Coverage Territory provision: Outside the coverage territory described in a., b., c., and d. above for an "accident' or "loss" resulting from the use of a covered "auto" you hire, without a driver, or your employee hires without a driver, at your direction, for the purpose of conducting your business, for a period of 30 days or less, provided the suit is brought within The United States of America or its territories or possessions. SECTION V - DEFINITIONS 20. MENTAL ANGUISH Paragraph C. 'Bodily injury", SECTION V - DEFINITIONS is replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death or mental anguish resulting from any of these. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1996 461-0155 (9-97) Page 7 of 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit Included 1 2. Additional Insured - Broad Form Vendors Included 2 3, Alienated Premises Included 3 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators Included 3 5. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) Included 3 6. Personal and Advertising Injury - Broad Form Included 4 7. Product Recall Expense Included 4 Product Recall Expense Each Occurrence Limit $25,000 Occurrence 5 Product Recall Expense Aggregate Limit $50,000 Aggregate 5 Product Recall Deductible $500 5 8. Unintentional Failure to Disclose Hazards Included 6 9. Unintentional Failure to Notify Included 6 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. The following changes are made to SECTION II - LIABILITY: 1. Additional Insured by Contract, Agreement or Permit The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured by Contract, Agreement or Permit a. Any person or organization with whom you agreed in a written contract, written agreement or permit to add such person or organization as an additional insured on your policy is an additional insured only with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf, but only with respect to: (1) "Your work" for the additional insured(s) designated in the contract, agreement or permit; (2) Premises you own, rent, lease or occupy -,or (3) Your maintenance, operation or use of equipment leased to you. b. The insurance afforded to such additional insured described above: (1) Only applies to the extent permitted by law; and (2) Will not be broader than the insurance which you are required by the contract, agreement or permit to provide for such additional insured. __J3) Applies on a primary basis if that is required by the written contract, written agreement or permit. (4) Will not be broader than coverage provided to any other insured. (5) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury"is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 1 of 6 c. This provision does not apply: (1) Unless the written contract or written agreement was executed or permit was issued prior to the "bodily injury", "property damage", or "personal injury and advertising injury". (2) To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (3) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the "bodily injury", "property damage", "personal and advertising injury" arises out of sole negligence of the lessor. (4) To any: (a) Owners or other interests from whom a. land has been leased if the "occurrence" takes place or the offense is committed after the lease for the land expires; or (b) Managers or lessors of premises if (i) The "occurrence" takes place or the offense is committed after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage", "personal injury" or "advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved the rendering of or failure to render any professional services by or for you. d. With respect to the insurance afforded to these additional insureds, the following is added to SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: he Hanover Insurance Group_ 063 D980118 1001542 The most we will pay on behalf of the additional insured for a covered claim is the lesser of the amount of insurance: 1. Required by the contract, agreement or permit described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations e. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured - Broad Form Vendors The following is added to SECTION II - LIABILITY, C. Who Is An Insured: Additional Insured - Broad Form Vendors Any person or organization that is a vendor with whom you agreed in a written contract or written agreement to include as an additional insured under this Coverage Part is an insured, but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. b. The insurance afforded to such vendor described above: (1) Only applies to the extent permitted by law; (2) Will not be broader than the insurance which you are required by the contract or agreement to provide for such vendor; (3) Will not be broader than coverage provided to any other insured; and (4) Does not apply if the "bodily injury", "property damage" or "personal and advertising injury" is otherwise excluded from coverage under this Coverage Part, including any endorsements thereto c. With respect to insurance afforded to such vendors, the following additional exclusions apply: The insurance afforded to the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reasons of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 2 of 6 (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained within the exclusion in subparagraphs (4) or (6) above; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (9) "Bodily injury" or "property damage" arising out of an "occurrence" that took place before you have signed the contract or agreement with the vendor. (10)To any person or organization included as an insured by another endorsement issued by us and made part of this Coverage Part. (11)Any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. The most we will pay on behalf of the vendor for a covered claim is the lesser of the amount of insurance: 1. Required by the contract or agreement described in Paragraph a.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. Alienated Premises SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage k. Damage to Property, paragraph (2) is replaced by the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Broad Form Property Damage - Borrowed Equipment, Customers Goods, Use of Elevators a. The following is added to SECTION II - LIABILITY, B. Exclusions, 1. Applicable To Business Liability Coverage, k. Damage to Property: Paragraph (4) does not apply to "property damage" to -borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. For the purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 5. Incidental Malpractice - Employed Nurses, EMT's and Paramedics d. With respect to the insurance afforded to SECTION 11 - LIABILITY, C. Who Is An Insured, these vendors, the following is added to paragraph 2.a.(1)(d) does not apply to a nurse, SECTION II - LIABILITY, D. Liability and Medical Expense Limits of Insurance: 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 3 of 6 emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 6. Personal Injury - Broad Form a. SECTION II - LIABILITY, B. Exclusions, 2. Additional Exclusions Applicable only to "Personal and Advertising Injury", paragraph e. is deleted. b. SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, 14. "Personal and advertising injury", paragraph b. is replaced by the following: b. Malicious prosecution or abuse of process. c. The following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, Definition 14. "Personal and advertising injury": "Discrimination" (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such "discrimination" is: (1) Not done intentionally by or at the direction of: (a) The insured; (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", not to the employment, prospective employment or termination of any person or persons by an insured. d. For purposes of this endorsement, the following definition is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Discrimination" means the unlawful treatment of individuals based upon race, color, ethnic origin, gender, religion, age, or sexual preference. "Discrimination" does not include the unlawful treatment of individuals based upon developmental, physical, cognitive, mental, sensory or emotional impairment or any combination of these. e. This coverage does not apply if liability coverage for "personal and advertising injury" is excluded either by the provisions of the Coverage Form or any endorsement thereto. Hanover Insurance Group- 0133 D980118 1001542 o. Recall of Products, Work or Impaired Property is replaced by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". However, the exception to the exclusion does not apply to "product recall expenses" resulting from: (4) Failure of any products to accomplish their intended purpose; (5) Breach of warranties of fitness, quality, durability or performance; (6) Loss of customer approval, or any cost incurred to regain customer approval; (7) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (8) Caprice or whim of the insured; (9) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (10)Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or (11)Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b. The following is added to SECTION II - LIABILITY, C. Who Is An Insured, paragraph 3.b.: 7. Product Recall Expense "Product recall expense" arising out of any a. SECTION II - LIABILITY, B. Exclusions, 1. withdrawal or recall that occurred before you Applicable To Business Liability Coverage, acquired or formed the organization. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 4 of 6 c. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance: Product Recall Expense Limits of Insurance a. The Limits of Insurance shown in the SUMMARY OF COVERAGES of this endorsement and the rules stated below fix the most that we will pay under this Product Recall Expense Coverage regardless of the number of: (1) Insureds; (2) "Covered Recalls" initiated; or (3) Number of ..your products" withdrawn. b. The Product Recall Expense Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. c. The Product Recall Each Occurrence Limit is the most we will pay in connection with any one defect or deficiency. d. All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". e. Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Product Recall Expense Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. f. If the Product Recall Expense Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Product Recall Expense Each Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. g. Product Recall Deductible We will only pay for the amount of "product recall expenses" which are in excess of the $500 Product Recall Deductible. The Product Recall Deductible applies separately to each "covered recall". The limits of insurance will not be reduced by the amount of this deductible. We may, or will if required by law, pay all or any part of any deductible amount, if applicable. Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. The Product Recall Expense Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. d. The following is added to SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. e. For the purposs of this endorsement, the following definitions are added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions: 1. "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". 2. "Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or printed advertisements including stationary, envelopes and postage; 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 5 of 6 (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees"; (5) Expenses incurred by "employees" including transportation and accommodations; Hanover lnsurance Group_ 063 D980118 1001542 (1) If the "products - completed operations hazard" is excluded from coverage under this Coverage Part including any endorsement thereto; or (2) To "product recall expense" arising out of any of "your products" that are otherwise excluded from coverage under this Coverage Part including endorsements thereto. 8. Unintentional Failure to Disclose Hazards (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are 9. required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product"; and b. Your lost profit resulting from such "covered recall". f. This Product Recall Expense Coverage does not apply: The following is added to SECTION It - LIABILITY, E. Liability and Medical Expenses General Conditions: Representations We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. Unintentional Failure to Notify The following is added to SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit: Your rights afforded under this Coverage Part shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury", "property damage" or "personal and advertising injury" is not covered under this Policy. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 391-1006 08 16 Includes copyrighted materials of Insurance Services Offices, Inc., with its permission. Page 6 of 6 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement, effective 12/01/2020 Policy No. EIG 2573363 03 at 12:01 AM standard time, forms a part of Of the EMPLOYERS PREFERRED INS. CO. Issued to LESAR DEVELOPMENT CONSULTANTS Premium Countersigned at on Carrier Code 00920 Endorsement No. By: Authorized Representative WC 04 03 06 (Ed. 4-84) ©1998 by the workers' Compensation Insurance Rating Bureau of California. All rights reserved. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART A. The following is added to SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured: Additional Insured if Required by Contract B If you agree in a written contract, written agreement or written permit that a person or organization be added as an additional "insured" under this Coverage Part, such person or organization is an "insured"; but only to the extent that such person or organization qualifies as an "insured" under paragraph A.1.c. of this Section. If you agree in a written contract, written agreement or written permit that a person or organization be added as an additional "insured" under this Coverage Part, the most we will pay on behalf of such additional "insured" is the lesser of: (1) The Limits of Insurance for liability coverage specified in the written contract, written agreement or written permit; or (2) The Limits of Insurance for Liability Coverage shown in the Declarations applicable to this Coverage Part. Such amount shall be part of and not in addition to the Limits of Insurance shown in the Declarations applicable to this Coverage Part. Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B. General Conditions, subparagraph 5. Other Insurance: Primary and Non -Contributory If you agree in a written contract, written agreement or written permit that the insurance provided to a person or organization who qualifies as an additional "insured" under SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured, subparagraph Additional Insured if Required by Contract is primary and non-contributory, the following applies: The liability coverage provided by this Coverage Part is primary to any other insurance available to the additional "insured" as a Named Insured. We will not seek contribution from any other insurance available to the additional "insured" except: (1) For the sole negligence of the additional "insured"; or (2) For negligence arising out of the ownership, maintenance or use of any, "auto" not owned by the additional "insured' or by you, unless that "auto" is a "trailer" connected to an "auto" owned by the additional "insured" or by you; or (3) When the additional "insured" is also an additional "insured" under another liability policy. C. This endorsement will apply only if the "accident" occurs: 1. During the policy period; 2. Subsequent to the execution of the written contract or written agreement or the issuance of the written permit; and 3. Prior to the expiration of the period of time that the written contract, written agreement or written permit requires such insurance to be provided to the additional "insured". D. Coverage provided to an additional "insured" will not be broader than coverage provided to any other "insured" under this Coverage Part. ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 461-0478 12 12 Includes copyrighted material of ISO Insurance Services Office, Inc., with its permission Page 1 of 1 Hanover Insurance Group- 0133 D980118 1001542 1. SECTION I - PROPERTY, if two or more of However, if you agree in a written this coverage part's coverages apply to contract, written agreement, or the same loss or damage, we will not pay written permit that the insurance more than the actual amount of the loss or provided to any person or damage. organization included as an 2. SECTION II - LIABILITY, it is our stated Additional Insured under this intent that the various Coverage Parts, Coverage Part is primary and non-contributory, we will not seek forms, endorsements or policies issued to contribution from any other the named insured by us, or any company affiliated with us, do not provide any insurance available to that Additional duplication or overlap of coverage for the Insured which covers the Additional same claim, "suit", "occurrence", offense, Insured as a Named Insured except: accident, "wrongful act" or loss. We will (1) For the sole negligence of the not pay more than the actual amount of Additional Insured; or the loss or damage. (2) When the Additional Insured is If this Coverage Part and any other an Additional Insured under Coverage Part, form, endorsement or another liability policy. policy issued to the named insured by us, b. Excess Insurance or any company affiliated with us, apply to the same claim, "suit", occurrence, This insurance is excess over: offense, accident, "wrongful act" or loss, (1) Any of the other insurance, the maximum Limit of Insurance under all whether primary, excess, such Coverage Parts, forms, contingent or on any other basis: endorsements or policies combined shall (a) That is Fire, Extended not exceed the highest applicable Limit of Coverage, Builder's Risk, Insurance under any one Coverage Part, Installation Risk or similar form, endorsement or policy. coverage for "your work"; This condition does not apply to any Excess or Umbrella Policy issued by us (b) That is Property Insurance for specifically to apply as excess insurance premises rented to you or over this policy. temporarily occupied by you with permission of the owner; G. Liberalization (c) That is insurance purchased If we adopt an revision that would broaden P Y by you to cover your liability the coverage under this policy without as a tenant for "property additional premium within 45 days prior to or damage" to premises rented during the policy period, the broadened to you or temporarily coverage will immediately apply to this policy. occupied by you with H. Other Insurance permission of the owner; or 1. SECTION I - PROPERTY (d) If the loss arises out of the If there is other insurance covering the maintenance or use of aircraft, "autos" or watercraft same loss or damage, we will pay only for to the extent not subject to the amount of covered loss or damage in SECTION II LIABILITY, S excess of the amount due from that other Exclusion g. Aircraft, Auto or insurance, whether you can collect on it or Watercraft; and not. But, we will not pay more than the applicable Limit of Insurance of SECTION 1 (2) Any other primary insurance -PROPERTY. available to you covering liability 2. SECTION II -LIABILITY for damages arising out of the premises or operations, or the If other valid and collectible insurance is products and completed available to the insured for a loss we operations, for which you have cover under SECTION II - LIABILITY, our been added as an additional obligations are limited as follows: insured by attachment of an a. Primary Insurance endorsement. This insurance is primary except when When this insurance is excess, we will have no duty under SECTION II - paragraph b. below applies. If this LIABILITY to defend the insured insurance is primary, our obligations against any "suit' if any other are not affected unless any of the insurer has a duty to defend the other insurance is also primary. Then, insured against that "suit". If no other we will share with all that other insurer defends, we will undertake to i insurance by the method described in do so, but we will be entitled to the paragraph c. below. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 79 of 81 insured's rights against all those other insurers. c. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. d. We will share the remaining loss, if any, with any other insurance that is not described in this provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations for this Coverage. e. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of Insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable Limit of Insurance to the total applicable limits of insurance of all insurers. f. When this insurance is excess, we will have no duty under Business Liability Coverage to defend any claim or "suit" that any other insurer has a duty to defend. If no other insurer defends, we will undertake to do so; but we will be entitled to the insured's rights against all those other insurers. Premiums 1. The first Named Insured shown in the Declarations: a. Is responsible for the payment of all premiums; and b. Will be the payee for any return premiums we pay. 2. The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal, continuation or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. 3. With our consent, you may continue this policy in force by paying a continuation premium for each successive one-year period. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with paragraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anniversary date that we have not received the premium. 4. Undeclared exposures or change in your business operation, acquisition or use of locations may occur during the policy period that is not shown in the Declarations. If so, we may require an additional premium. That premium will be determined in accordance with our rates and rules then in effect. J. Premium Audit 1. This policy is subject to audit if a premium designated as an advance premium is shown in the Declarations. We will compute the final premium due when we determine your actual exposures. 2. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. K. Transfer of Rights of Recovery Against Others to Us 1. Applicable to SECTION I - PROPERTY Coverage: If any person or organization to or for whom we make payment under this policy has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing: 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 80 of 81 PROFESSIONAL SERVICES AGREEMENT HOUSING CONSULTANT SERVICES THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement") is entered into, and effective on , 20_, between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, ("City") and LeSar Development Consultants, a California Corporation, ("Consultant"). City and Consultant are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a Housing Consultant, for Housing Consultant Services ("Project"). B. Consultant has submitted to City a proposal to provide housing consultant services for a wide variety of programs and projects for affordable housing and homeless services programs, to City under the terms of this Agreement. C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement. D. City desires to retain Consultant to provide such professional services. NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A" (the "Services" or "Work"), which is attached and incorporated herein by this reference. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced and well qualified members of the profession currently practicing under similar conditions. 1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; and, (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for Proposals and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Revised: 5/1/201 55575.18165\32900157.2 Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit "A"); (2"d) the provisions of the City's Request for Proposal (Exhibit "B"); (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant's Proposal (Exhibit "C"). 1.3 Compliance with Law. Consultant warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. 1.4 Licenses, Permits. Fees, and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. 1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City. 1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components to prevent losses or damages. Consultant shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence. 1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. 1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, Revised: 5/1/202 5 5575.18165\32900157.2 and/or (ii) the time to perform this Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty-five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this section shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services. COMPENSATION 2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the scope of services required by this Agreement will vary dependent upon the number, type, and extent of the services or work the Consultant shall provide; and no guarantee of the extent or the type of services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown, and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant's services has not been identified for this contract, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Sum" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order or a Purchase Order authorized by the Director of Community & Economic Development or the City Manager as provided in this Section 2.1. For the services rendered pursuant to this Agreement, the Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "D" and incorporated herein by this reference. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation therefore. It is expressly agreed that the maximum contract amount of this Agreement is undefined, and is subject to the number and type of projects requiring the Consultant's services throughout the duration of the term of this Agreement, if any. Consultant shall be entitled to compensation in accordance with separate City authorized "Task Orders" (Purchase Orders) with corresponding Not -to -Exceed payment amounts established pursuant to the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D". Consultant's compensation shall be limited to the amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant. By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required Revised: 5/1/203 55575.18165\32900157.2 services (pursuant to Schedule "D") necessary for the projects. Subject to existing cost limits established by municipal code. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five (45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month. 2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees. An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement. If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any work or services and Consultant shall not be entitled to payment for any work or services that Consultant may provide. 3. SCHEDULE OF PERFORMANCE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule of Performance (Exhibit "E"), incorporated herein by this reference. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non- performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. 3.2 Schedule of Performance. Consultant shall commence the Services under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension. 3.3 Force Maieure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Consultant Revised: 5/1/204 5 5 5 75.18165 \3290015 7.2 notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant's performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for one (1) year, with three (3) one year options to extend by mutual agreement by the City's Contract Officer and Consultant's Representative defined in Section 4 below. However, the term shall not exceed four (4) years from the commencement date, except as otherwise provided in the Schedule of Performance described in Section 3.2 above. 3.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City. 4. COORDINATION OF WORK 4.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: Jennifer LeSar, President and CEO. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer Revised: 5/1/205 5 55 75.18165\32900157.2 fully informed of the progress of the performance of the Services. Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City. 4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee. A. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant. B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City. C. No City benefits shall be available to Consultant, its officers, employees, or Revised: 5/1/206 5 5 5 7 5.18165 \3290015 7.2 agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under Section 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations. 4.5 California Labor Code Requirements. A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). B. If the Services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements. 5. INSURANCE 5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below Revised: 5/1/207 5 55 75.18165\32900157.2 for professional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows: A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two -million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section. (1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement. (2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager. (3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement. B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subConsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations. D. Business Automobile Insurance. Consultant shall obtain and maintain, in Revised: 5/ 1 /208 5 55 75.18165\3290015 7.2 full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non -owned, leased, and hired cars. E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease. 5.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self -insured retentions. City reserves the right to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self -insured retentions proposed in excess of $10,000. 5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Consultant under this Agreement: A. For any claims related to this Agreement, Consultant's coverage shall be primary insurance with respect to the City and its officers, council members, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers. C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage. D. No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing. E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement. F. Consultant agrees to ensure that subConsultants, and any other parties Revised: 5/1/209 5 55 75.18165\32900157.2 involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultants and others engaged in the Project will be submitted to the City for review. G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard. H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement, have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage. I. Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section. K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims. L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities of any person or person for which the Consultant is otherwise responsible. 5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances. 5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be Revised: 5/1/2010 5 55 75.18165\3290015 7.2 received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured..." ("as respects City of Palm Springs Contract No. _"or "for any and all work performed with the City" may be included in this statement). B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No._" or "for any and all work performed with the City" may be included in this statement). C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. D. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 6. INDEMNIFICATION 6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's Revised: 5/1/201 1 5 55 75.18 l 65\32900157.2 indemnification obligation or other liability under this Agreement. Consultant's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. 6.2 Design Professional Services Indemnification and Reimbursement. If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 7. REPORTS AND RECORDS 7.1 Accounting Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For this reason, Consultant agrees that Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services. If Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the design services. 7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subConsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall have an unrestricted right to use the concepts embodied tin this Agreement. Consultant shall ensure that all its subConsultants shall provide for assignment to City of any documents or materials prepared by them. In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages. Revised: 5/1/2012 5 55 75.18165\32900157.2 7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. 7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant's books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Consultant's performance under this Agreement. Consultant shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder. 8. ENFORCEMENT OF AGREEMENT 8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Interpretation. This Aareement shall be construed as a whole accordingAQ its air lanauaae and common meanina to achieve the obiectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 8.3 Default of Consultant. Consultant's failure to comply with any provision of this Agreement shall constitute a default. A. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement without cause under Section 3.5. B. If termination is due to the failure of the Consultant to fulfill its obligations Revised: 5/1/2013 5 55 75.18 l 65\32900 l 57.2 under this Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the same to completion by contract or otherwise. The Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Consultant for the purpose of set- off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided in this Agreement. 8.4 Waiver. 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 waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions. 8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non -judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non -prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non -judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding. 9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 9.1 Non -liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor -in -interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for Revised: 5/1/2014 55575.18165\32900157.2 obtaining this Agreement. 9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. 10. MISCELLANEOUS PROVISIONS 10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise: A. It is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright. B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. Consultant shall not be obligated to indemnify City under any settlement that is made without Consultant's consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto. 10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with Revised: 5/1/2015 5 55 75.18165\32900157.2 attached evidence of completed transmission. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows: To City: City of Palm Springs Attention: City Manager & City Clerk 3200 E. Tahquitz Canyon Way Palm springs, California 92262 Telephone: (760) 323-8204 Facsimile: (760) 323-8332 To Consultant: LeSar Development Consultants 404 Euclid Ave. Suite 212 San Diego, CA 92114 Attention: Jennifer LeSar Telephone: 619-236-0612 Facsimile: 619-236-0613 10.3 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement. 10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties. 10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless. 10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 10.6 Third Party Beneficiary. Except as may be expressly provided for in this areement, nothing contained in this Agreement is intended to confer, nor shall this areement be construed as conferring, any rights, including, without limitation, any rights s a third -party beneficiary or otherwise, upon any entity or person not a party to this Aareement. 0.7 Recitals The above -referenced Recitals are hereby incorporated into the areement as thouah fully set forth in this Agreement and each Party acknowledges an agrees at such Party is bound, for purposes of this Aareement, by the same. Revised: 5/1/2016 5 5 5 75.18 l 65\32900157.2 10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound. 10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON NEXT PAGE] Revised: 5/1/201 7 55575.18165\32900157.2 SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND LESAR DEVELOPMENT IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: 6 APPROVED AS TO FORM: ATTEST City Manager By:Q By: J frey .Balling nth ny Meji City Attorney APPROVED BY CITY COUNCIL: APPROVED BY CITY COUNCIL �IASIWI 1 /✓ /I 1lv / Date: Agreement No. Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONSULTANT NAME: LeSar Development Consultants Check one _ Individual _ Partnership X Corporation 404 Euclid Avenue, Suite 212 San Diego, CA 92114 Address Jennifer LeSar, President Jennifer LeSar, Secretary B aw_� B Y Y C/ Si ture (Notarized) Si atu otarized) Revised: 5/1/2018 55575.18165\32900157.2 CALIFORNIA ALL44JRPOSE ACKNOWLEOMElff CML COIF § 1189 Z<�Atm;,: Km: ae<t <.3.<.e'.<e'..y,C..i`...f. r�+y--^.ers,-^<-:_ -m ^<R'„f• F..r' ^.. 1.. _ .^m:» ea>. A r4fty puVic or other *Uw con3pte V 1t■C ceiftste vw&m onV the derAq of the mdvx1lusl w!w signed the doeaamint Lo whidt this certficatis m gmichad. Brad not the truftAmm sccenacy. or wfrdriy of that docurrmt county of On — before me, here Insect A kma and Ti#e of the Ofrxw AM -aft) of Sqnsf1b) who proved to me on the be= of sab factory evidence to be:t a) whose narr*s) m1we subecrrbed to the vrittdn matrument and acknowledged to me the executed the sanw in ttksl#ier! tiair authorized c m). and that by hiaJ w/thsir rre(the ftdrurnent the person(a), or the entity upon behalf of which the pemon(s) acted, executed the Idbimint Price Notmy Salt Th wah than szacb0n, is Oeacripb m of Attaidm Tdie or Type of DocW Ncsn ber of Pagee: i aer#fyr under :C-NA A TY OF PERJURY under the lrrs� the M.0 Vmi the €ongoing paragraph is true my acrid and ofheiel seat. Swmture of fttwy Pub& OPIRMAL Wl;;P shrag ties mAwi asbw can deter` aiarahon of fhe docummt or t>a merit of thro form to an u4nGanded document. SqFW,3 Marne: ■ • ■ : F OLffnftd OGermmal ■ kxRvXlW ■ Attorney in Fact ■ Trustee ■ ■ othel- Signer ., CM14 Ns t onsl terry Amucalzin - www tary.org • 1.800-M NOTARY 0-800478-8i?n [tarn #=7 Page 19 of 82 EXHIBIT "A" SCOPE OF SERVICES SCOPE OF WORK, SERVICES, AND OBJECTIVES: Affordable Housing • Participate in negotiation and review of affordable housing agreements, pro forma analysis, design, entitlement requirements, land acquisition, and land disposition. • Identify sites and opportunities for affordable housing projects; develop and review strategies for affordable housing with sub -committee; identify willing property owners to participate in affordable housing projects; Prepare and issue requests for proposals, requests for qualifications, notices of funding availability; evaluate and analyze proposals; select affordable housing partners; refine and revise project scope as needed; apply for and secure necessary project resources if necessary; negotiate agreements; review draft deal points and agreements with sub -committee and senior staff; prepare staff report to recommend project approval; prepare documents for execution; facilitate execution of agreements. • Facilitate and negotiate grants, loan agreements, and other contracts with public, non-profit and/or private developers; assist citizens, non -profits, advisory bodies, staff and others seeking financial assistance with community -wide housing, special needs housing and community development programs. • Resolve issues with landlords and/or tenants with reference to the PS Rent Review Ordinance, Fair Housing or the State Landlord Tenant Handbook. • Ensure, monitor, and implement compliance with all Federal and State laws, rules, regulations, and other compliance programs that may affect housing programs; inform management of changes and make adjustments to relevant programs. • Provide technical assistance to outside government agencies, business organizations (for -profit and non-profit) and other stakeholders of the community in implementing housing and community development programs. • Respond to and oversee special existing housing subsidy and housing -related programs audit authorities. • Formulate, present, and recommend policies and implementation strategies; plan and assist with affordable housing projects, neighborhood revitalization, rehabilitation, homebuyer assistance, relocation, affordable housing preservation, and rental assistance activities; oversees rehabilitation projects with eligible homeowners and landlords, assure quality subsidized rental housing. Homeless Services • Coordinate, and administer the City's homeless services; develop and implement goals, objectives, policies, and priorities for homeless services programs; Page 20 of 82 • Possess operational understanding and familiarity with Homeless Management Information Systems, Coordinated Entry Systems, and Continuums of Care. • Develop homeless assistance program (i.e. voucher assistance, homeless youth assistance, permanent supportive housing, bridge housing) criteria and parameters; review program with sub- committee and City Council; initiate and monitor program activities; • Monitor and coordinate homeless outreach teams, and services; coordinate with law enforcement officers; review service provider reports; prepare consolidated reports for sub -committee and stakeholders; review and process requests for payment; and, coordinate service funding with funding agencies; • Draft requests for proposals, requests for qualifications, and notices of funding availability for homeless services projects and programs; review qualifications of potential partners; negotiate agreements; prepare documents for execution; facilitate execution of agreements. • Coordinate City participation in annual Point in Time Count. • Coordinate and leverage financial assistance and homeless services with other government agencies, non-profit organizations, community resources, and other programs • Effectively interface and serve as liaison with City staff and departments, businesses, and residents regarding homeless resources, and other community programs. Affordable Housing and Homelessness Program and Resource Development • Apply for grants and other funding and partnership opportunities. • Plan, develop, and monitor programs, projects, legislation, and other opportunities for preservation, development, financing and funding, for affordable housing and homeless projects, programs, activities, and services. • Assure record management in accordance with legal requirements and city policy; represent the City in relations with the community, local, state, and federal agencies, and professional organizations. Administration • Maintain agreement files and facilitate City obligations. • Ensure City obligations are met; monitor projects; maintain loan, grant, regulatory agreement, and DDA files. • Maintain and monitor awardee contracts and agreements for compliance; establish inventory of affordable units, affordability levels, and affordability expiration. • Assist in the development and coordination of the department budget; approve, track, and monitor expenditures as required. Page 21 of 82 • Assist in the development and implementation of goals, objectives, policies, procedures, and work standards for the department; monitor revisions and implementation programs of City's adopted Housing Element. • Conduct a variety of operational studies and reports; recommend modifications to assigned programs, policies, and procedures as appropriate; prepare and create proposals, make presentations, prepare and present staff reports, policies, ordinances, and other necessary written and oral correspondence. • Create and maintain relevant portions of department website. • Participate in programs and initiatives as assigned; provide guidance on assigned programs; serve as staff on a variety of boards, commissions, and committees. • Respond to public inquiries and complaints in a courteous manner; provide information within the area of assignment; resolve complaints in an efficient and timely manner. • Perform other duties and responsibilities as required. The City estimates that the project will take approximately 4 YEARS to complete Page 22 of 82 EXHIBIT "B" CITY'S REQUEST FOR PROPOSALS CITY OF PALM SPRINGS, CA STATEMENT OF QUALIFICATIONS (SOQ) #04-21 HOUSING CONSULTANT SERVICES Statements of Qualifications (SOQ 04-21), for professional services for a Housing Consultant Services for the City of Palm Springs, CA, (hereinafter the "SOQ") will be received at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California, until 3:00 P.M. LOCAL TIME, TUESDAY, FEBRUARY 9, 2021. It is the responsibility of the respondent to see that any submittal sent through the mail, or by any other delivery method, shall have sufficient time to be received by this specified date and time. The receiving time in the Procurement Office will be the governing time for acceptability of submittals. Telegraphic, telephonic, faxed or emailed submittals will not be accepted. Late submittals will be returned unopened. Failure to register for this SOQ process per the instructions in the Notice Inviting Statements of Qualifications (under "Obtaining SOQ Documents") may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a submittal as being non -responsive or negatively impact the evaluation of a submittal. We strongly advise that interested firms officially register per the instructions in the Notice. 1. PURPOSE AND SCHEDULE: The City of Palm Springs is requesting statements of qualifications from qualified professional firms to provide the City with a Housing Consultant Services as more fully described herein. SCHEDULE: Notice requesting Statements of Qualifications posted and issued .....................January 7, 2021 Deadline for receipt of Questions..........................TUESDAY, FEBRUARY 2, 2021, 3:00 P.M. Deadline for receipt of Submittals.........................TUESDAY, FEBRUARY 9, 2021, 3:00 P.M. Short List / Interviews/ *if desired by City...........................................................to be determined Contract awarded by City Council...................................................................... to be determined NOTE: There will NOT be a pre -submittal conference for this procurement. *Dates above are subject to change. "KEY" TO SOQ ATTACHMENTS: ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment. *Must be completed and included with Qualifications Submittal electronic file #1. ATTACHMENT "B" — Non Collusion Affidavit Form. *Must be completed and included with Qualifications Submittal electronic file #1. ATTACHMENT "C" — Cost/Rates Submittal Form. *Must be completed and included in a separate electronic file #2 — do NOT include this with your Qualifications Submittal electronic file #1. ATTACHMENT "D" — No Conflict of Interest and Non -Discrimination Form. *Must be completed and included with Qualifications Submittal electronic file #1. ATTACHMENT "E" —Public Integrity Business Disclosure Form. *Must be completed and included with Qualifications Submittal electronic file #1 ATTACHMENT "F" — Sample boilerplate Contract Services Agreement (for reference only) Page 23 of 82 2. BACKGROUND: The City of Palm Springs requires a consultant to administer a wide variety of programs and projects to ensure a comprehensive approach to affordable housing and homeless services programs within the City in accordance with Federal regulations, policies and procedures; coordinate, develop, and administer affordable housing opportunities, housing rehabilitation opportunities, new low and moderate income housing projects, homeless and related supportive services programs, and perform a variety of tasks in the development and implementation of goals and objectives in support of assigned community development programs. 3. SCOPE OF WORK, SERVICES, AND OBJECTIVES: Affordable Housing • Participate in negotiation and review of affordable housing agreements, pro forma analysis, design, entitlement requirements, land acquisition, and land disposition. • Identify sites and opportunities for affordable housing projects; develop and review strategies for affordable housing with sub -committee; identify willing property owners to participate in affordable housing projects; Prepare and issue requests for proposals, requests for qualifications, notices of funding availability; evaluate and analyze proposals; select affordable housing partners; refine and revise project scope as needed; apply for and secure necessary project resources if necessary; negotiate agreements; review draft deal points and agreements with sub -committee and senior staff; prepare staff report to recommend project approval; prepare documents for execution; facilitate execution of agreements. • Facilitate and negotiate grants, loan agreements, and other contracts with public, non-profit and/or private developers; assist citizens, non -profits, advisory bodies, staff and others seeking financial assistance with community -wide housing, special needs housing and community development programs. • Resolve issues with landlords and/or tenants with reference to the PS Rent Review Ordinance, Fair Housing or the State Landlord Tenant Handbook. • Ensure, monitor, and implement compliance with all Federal and State laws, rules, regulations, and other compliance programs that may affect housing programs; inform management of changes and make adjustments to relevant programs. • Provide technical assistance to outside government agencies, business organizations (for -profit and non-profit) and other stakeholders of the community in implementing housing and community development programs. • Respond to and oversee special existing housing subsidy and housing -related programs audit authorities. • Formulate, present, and recommend policies and implementation strategies; plan and assist with affordable housing projects, neighborhood revitalization, rehabilitation, homebuyer assistance, Page 24 of 82 relocation, affordable housing preservation, and rental assistance activities; oversees rehabilitation projects with eligible homeowners and landlords, assure quality subsidized rental housing. Homeless Services • Coordinate, and administer the City's homeless services; develop and implement goals, objectives, policies, and priorities for homeless services programs; • Possess operational understanding and familiarity with Homeless Management Information Systems, Coordinated Entry Systems, and Continuums of Care. • Develop homeless assistance program (i.e. voucher assistance, homeless youth assistance, permanent supportive housing, bridge housing) criteria and parameters; review program with sub- committee and City Council; initiate and monitor program activities; • Monitor and coordinate homeless outreach teams, and services; coordinate with law enforcement officers; review service provider reports; prepare consolidated reports for sub -committee and stakeholders; review and process requests for payment; and, coordinate service funding with funding agencies; • Draft requests for proposals, requests for qualifications, and notices of funding availability for homeless services projects and programs; review qualifications of potential partners; negotiate agreements; prepare documents for execution; facilitate execution of agreements. • Coordinate City participation in annual Point in Time Count. • Coordinate and leverage financial assistance and homeless services with other government agencies, non-profit organizations, community resources, and other programs • Effectively interface and serve as liaison with City staff and departments, businesses, and residents regarding homeless resources, and other community programs. Affordable Housing and Homelessness Program and Resource Development • Apply for grants and other funding and partnership opportunities. • Plan, develop, and monitor programs, projects, legislation, and other opportunities for preservation, development, financing and funding, for affordable housing and homeless projects, programs, activities, and services. • Assure record management in accordance with legal requirements and city policy; represent the City in relations with the community, local, state, and federal agencies, and professional organizations. Administration • Maintain agreement files and facilitate City obligations. • Ensure City obligations are met; monitor projects; maintain loan, grant, regulatory agreement, and DDA files. Page 25 of 82 • Maintain and monitor awardee contracts and agreements for compliance; establish inventory of affordable units, affordability levels, and affordability expiration. • Assist in the development and coordination of the department budget; approve, track, and monitor expenditures as required. • Assist in the development and implementation of goals, objectives, policies, procedures, and work standards for the department; monitor revisions and implementation programs of City's adopted Housing Element. • Conduct a variety of operational studies and reports; recommend modifications to assigned programs, policies, and procedures as appropriate; prepare and create proposals, make presentations, prepare and present staff reports, policies, ordinances, and other necessary written and oral correspondence. • Create and maintain relevant portions of department website. • Participate in programs and initiatives as assigned; provide guidance on assigned programs; serve as staff on a variety of boards, commissions, and committees. • Respond to public inquiries and complaints in a courteous manner; provide information within the area of assignment; resolve complaints in an efficient and timely manner. • Perform other duties and responsibilities as required. The City estimates that the project will take approximately 4 YEARS to complete. 4. SUBMITTAL REQUIREMENTS: Please note: this SOQ cannot identify each specific, individual task required to successfully and completely implement this project. The City of Palm Springs relies on the professionalism and competence of the selected firm to be knowledgeable of the general areas identified in the scope of work and will incorporate in the final agreement with the selected firm from this process all required tasks and subtasks, personnel commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not approve amendments or change orders to the selected firm's agreement which do not involve a substantial change from the general scope of work identified in this SOQ. 5. SELECTION PROCESS: The City of Palm Springs is utilizing a Qualifications Based Selection process to select a firm to provide the services requested by this SOQ. The City shall review the submittals submitted in reply to this SOQ and may select a firm based upon the written submittal only, or a limited number of firms may be short-listed and invited to make a formal presentation and attend an interview at a future date and the evaluation committee will then select the firm to be recommended. The format, selection criteria and date of the presentation and interview (if any) will be established at the time of short - listing. Preparation of submittals in reply to this SOQ, and participation in any future presentation or interview is at the sole expense of the firms responding to this SOQ. 6. SUBMITTAL EVALUATION CRITERIA: This solicitation has been developed in the "Statement of Qualifications" (SOQ) format. Accordingly, firms should take note that the City will consider multiple criteria in selecting the most qualified firm. Consistent with CA Government Code Section 4525/4526 and Municipal Code 7.04.050 for the acquisition of Professional Services, price is NOT an evaluation criteria. Page 26 of 82 Cost/Rate submittals submitted in separate sealed envelopes are not opened, nor considered during evaluations. Upon selection of the most qualified firm, the associated Cost/Rates submittal will be used as a basis for contract negotiations to establish a total cost for the project. A contract shall be negotiated on the basis of fair and reasonable and mutually agreed upon project costs and time requirements. Should successful negotiations not occur with the highest ranked firm, the City may, at its sole discretion, choose to enter into negotiations with the second highest ranked firm, and so on. PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume this prior work is known to all members of the evaluation committee. All firms are evaluated on the information contained in their proposal, information obtained from references (including the city and past performance if applicable), and presentations if requested. All proposals should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications or past projects. An Evaluation Committee, using the following evaluation criteria for this SOQ, will evaluate all responsive submittals to this SOQ. Firms are requested to submit their submittals so that they correspond to and are identified with the following specific evaluation criteria (100 Total Points possible): A. Project Team (30 Points): 1. Indicate whether the project team is composed of a group of individuals or a firm(s). 2. Identify the key staff person responsible for general project management. 3. All project team member names, resumes, and professional titles including all professional credentials and degrees, names and addresses of the institutions that granted the credentials and degrees and dates they were granted. 4. Describe the specific responsibility each team member will have on the project. 5. If respondent is a firm, please describe how the firm is organized and how resources will be utilized for this project.. B. Experience on similar work (35 Points): 1. Provide a statement of understanding of the project. 2. Detail previous experience preparing housing consultant services for cities similar in size to Palm Springs. 3. Indicate how the team's experience relates to the Scope of Services requested. 4. Work Product Examples: Please include, as an appendix to the Qualifications submittal, brief excerpts of relevant completed work products for the consultant team and all sub -consultants or other experts that the team intends to engage on this project. *Note that these brief work product examples will not count toward the submittal page limit described below. C. Public Outreach (25 Points): 1. Detail previous experience facilitating public participation and working with city commissions and committees as part of a housing consultant services process. Include information on how priorities were measured and detail methods of public outreach beyond attendance at meetings. Describe how you have used social media or other electronic means as a way to engage citizens in a housing consultant services process. D. References (10 Points): 1. List five (5) public sector clients including three (3) of the most recent and relevant with whom similar, comparable services have been performed. Include name, mailing address, current telephone number and valid email address of the principal contact. Provide a brief description of the service provided and the dates of the work provided. Page 27 of 82 7. SUBMITTAL CONTENTS: Firms are requested to format their submittals so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 above. The submittals must be in an 8'/s X 11 format, minimum 1 Opt font size, minimum %" margins, and may be no more than a total of thirty (30) electronic pages, including cover letters, organization charts, staff resumes, appendices, and any exceptions to the language in the sample agreement, or to the insurance requirements. NOTE: Front and Back Covers, Dividers, Attachments "A","B", "D" and "E" and Addenda acknowledgments, and the Cost/Rates Proposal (*in a separate electronic file) do NOT count toward the limit (everything else does). YOU MUST UPLOAD TWO (2) SEPARATE FILES — ONE WITH THE QUALIFICATIONS, AND ONE WITH THE COST/RATES. EACH FILE IS TO BE LABELED WITH THE SOQ #, FIRM NAME, AND EITHER "WORK PROPOSAL" OR "COST/RATES". FOR EXAMPLE: "SOQ 13-20, JONES CO., WORK PROPOSAL" and "SOQ 13-20, JONES CO., COST/RATES". YOU MUST FOLLOW THE EXAMPLE TO LABEL YOUR FILES — FAILURE TO DO SO MAY RESULT IN YOUR PROPOSAL BEING LOST OR REJECTED. NOTE THAT YOU CAN'T USE ANY SPECIAL CHARACTERS IN NAMING YOUR FILES — ONLY COMMAS AND DASHES MAY BE USED. ANY OTHER SPECIAL CHARACTERS IN THE LABEL OF YOUR ELECTRONIC FILES WILL RESULT IN TRANSMISSION FAILURE AND REJECTION OF YOUR PROPOSAL. ELECTRONIC SUBMISSIONS SHALL BE UPLOADED TO THE FOLLOWING SITE VIA THE LINK BELOW. ALL SUBMISSIONS MUST BE TIME DATE STAMPED BY THE SYSTEM AS BEING RECEIVED BY THE DEADLINE. LATE SUMBISSIONS WILL BE REJECTED. TO UPLOAD YOUR TWO (2) SEPARATE FILE SUBMISSIONS IN RESPONSE TO THIS SOQ GO TO: https://spaces.hightaii.com/ui)link/Procurement Submittals not meeting the above criteria may be found to be non -responsive. EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATE ELECTRONIC FILES: ELECTRONIC FILE #1, clearly marked as per the directions above, shall include the following items: Responses, in order, to All Criteria Items A thru E described above in Section 6,plus: • Completed Signature authorization and Addenda Acknowledgment (see Attachment A) • Completed Affidavit of Non -Collusion (see Attachment B) • Completed No Conflict of Interest and Non -Discrimination Form (Attachment D) • Completed Public Integrity Business Disclosure Form (Attachment E) ELECTRONIC FILE #2, clearly marked "Cost/Rates Submittal", shall include a fully completed and signed "Cost/Rates Submittal" form, Attachment "C", as provided by the City. • List the hourly rate for all classifications of personnel who may work this project. • List the hourly rate for all classifications of personnel of sub consultants who may work on this project. • List any reimbursable expenses the City may incur. • List any additional costs, such as drive time, that the City may incur in conjunction with the performance. • Do NOT include Attachments "A", "B", "D, or "E" in the Cost/Rates Submittal, Electronic File #2. Attachments 'A , "B 0" and "E" are to be included in Electronic File #1, "Qualifications Submittal" Page 28 of 82 DEADLINE FOR SUBMISSIONS: Submittals will be electronically received via the link provided in this RFP by the Procurement and Contracting Department until 3:00 P.M. LOCAL TIME, TUESDAY, FEBRUARY 9, 2021. The receiving time date stamp in the electronic file database will be the governing time for acceptability of submittals. Paper submittals, or submittals sent by any other means, or to any other electronic file or email address other than the link provided in this RFP will NOT be accepted. Late submittals will be returned unopened. Submittals shall be clearly marked per the instructions provided and submitted electronically to: https://spaces.hightai1.com/uPIink/Procurement QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this SOQ other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a submittal. Any questions, technical or otherwise, pertaining to this SOQ must be submitted IN WRITING and directed ONLY to: City of Palm Springs Procurement and Contracting Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Attn: Leigh Gileno, CPPB Procurement & Contracting Manager, Acting QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are specifically directed NOT to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this SOQ other than as directed below. Contact with anyone other than as directed below WILL be cause for rejection of a submittal. Any questions, technical or otherwise, pertaining to this SOQ must be submitted IN WRITING and directed ONLY to: Leigh Gileno, CPPB Procurement & Contracting Manager, Acting Procurement and Contracting Department 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Leigh.Gileno(a-)palmspringsca.gov Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the SOQ. The deadline for all questions is 3:00 P.M., Local Time, TUESDAY, FEBRUARY 2, 2021. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Department of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. FORM OF AGREEMENT: The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Professional Services Agreement (see Attachment "F"). Please note that Exhibits A, B, C, D and E are intentionally not complete in the attached document. These exhibits will be negotiated with the selected firm, and will appear in the final Professional Services Agreement executed between the parties. Page 29 of 82 Requested changes to the Professional Services Agreement may not be approved, and the selected firm must ensure that the attached document will be executed. We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled "Conflict of Interest" and "Covenants Against Discrimination" and recommend all firms carefully consider these contractual requirements prior to submitting a submittal in response to this SOQ. Firms that submit a submittal in response to this SOQ shall certify the following: a) Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. b) Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09,040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Proposer refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Proposer, and so on. The term of the agreement that is awarded as a result of this SOQ shall be in effect for four (4) YEARS, unless mutually extended by the parties. AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide all of the services identified in the SOQ document. However, the City reserves the right to award a contract to multiple Respondents or to a single Respondent, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final. RIGHT TO ACCEPT OR REJECT SUBMITTALS: The City of Palm Springs reserves the right to waive any informality or technical defect in a submittal and to accept or reject, in whole or in part, any or all submittals and to cancel all or part of this SOQ and seek new submittals, as best serves the interests of Page 30 of 82 the City. The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City. INSURANCE: Insurance provisions are contained in the Standard Contract Services sample agreement included in the SOQ. The successful Proposer will be required to comply with these provisions. It is recommended that Proposers have their insurance provider review the insurance provisions BEFORE they submit their submittal. RESPONSIBILITY OF PROPOSER: All firms responding to this SOQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an SOQ without an authorized signature, falsified any information in the submittal package, etc.), the submittal shall be rejected. PUBLIC RECORD: All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 6250 et seq., commonly known as the Public Records Act. Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 6255 during the negotiation process, may be made public after the City's negotiations are completed, and staff has agendized a recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract. Although the California Public Records Act ("CPRA") recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a submittal is a trade secret. If a request is made for information marked "Confidential," "Trade Secret", "Proprietary," or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction. If a submitting party contends that a portion of the submittal is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys' fees, brought by a person challenging the City's refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a submittal or any other person or entity, because of the release of such information. The City will not return the original or any copies of the submittal or other information or documents submitted to the City as part of this SOQ process. NOTE THAT THE CITY MAY NOT RECOGNIZE SUBMITTALS WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET. SUCH SUBMITTALS MAY BE FOUND NON -RESPONSIVE. COST RELATED TO SUBMITTAL PREPARATION: The City will NOT be responsible for any costs incurred by any firm responding to this SOQ in the preparation of their submittal or participation in any presentation if requested, or any other aspects of the entire SOQ process. COMPLIANCE WITH LAW: Proposer warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations. Page 31 of 82 LICENSES, PERMITS, FEES, AND ASSESSMENTS: Proposer represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this SOQ. Proposer represents and warrants to City that Proposer shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Proposer to perform the Work and Services under the Agreement if so awarded. Proposer shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Proposer's performance of the Work and Services required under the Agreement if so awarded. Proposer shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law. BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled "Business Tax". INVESTIGATIONS: The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this SOQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any submittal if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein. SUBMITTALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their submittal shall be valid for a period of 120 calendar days from the due date of submittals. OTHER PUBLIC AGENCY "PIGGYBACK" CLAUSE": It is intended that any other public agency, at the mutual consent of both parties and consistent with the public agency's policies and procedures, be permitted to purchase under the terms submitted in response to this procurement. Any participating agency shall take sole responsibility for the placing of orders, arranging for delivery and or services, and making payments to the vendor, contractor, or consultant. The City of Palm Springs will not be liable or responsible for any obligations, including but not limited to financial responsibility, in connection with the participation by other public agencies. SIGNED SUBMITTAL AND EXCEPTIONS: Submission of a signed submittal will be interpreted to mean that the firm responding to this SOQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Statement of Qualifications, and any attached sample agreement. Exceptions to any of the language in either the SOQ documents or attached sample agreement, including the insurance requirements, must be included in the submittal and clearly defined. Exceptions to the City's SOQ document or standard boilerplate language, insurance requirements, terms or conditions may be considered in the evaluation process; however, the City makes no guarantee that any exceptions will be approved. Page 32 of 82 ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* REQUESTS FOR STATEMENTS OF QUALIFICATIONS (SOQ) #04-21 HOUSING CONSULTANT SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY (PROPOSER): BUSINESS ADDRESS: TELEPHONE: CELL PHONE FAX CONTACTPERSON EMAIL ADDRESS A. I hereby certify that I have the authority to submit this Submittal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my submittal. PRINTED NAME AND TITLE SIGNATURE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; A corporation If a corporation, organized in the state of: 2. My tax identification number is: ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required by including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non -responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # is/are hereby acknowledged. Page 33 of 82 ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND NOTARIZED AND SUBMITTED WITH BID STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he or she is of —the party making the foregoing Submittal. That the Submittal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Submittal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Submittal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Submittal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Submittal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Submittal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Submittal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Submittal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Submittal depository, or any other member or agent thereof to effectuate a collusive or sham Submittal. Title: Subscribed and sworn to before me this day of .2021. Page 34 of 82 ATTACHMENT "C" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST SUBMITTAL (Envelope #2)* COST PROPOSAL/RATES STATEMENT OF QUALIFICATIONS (SOQ #04-21) HOUSING CONSULTANT SERVICES Responding to Statement of Qualifications SOQ 04-21 for providing a Housing Consultant Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Page 35 of 82 Cost/Rates Submittal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSE: Cost/Rate: Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost/Rates Submittal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: All Costs/Rates are to remain FIXED for the term of the agreement. NOTE: This page MUST be manually signed. Certified by: Firm Name Signature of Authorized Person Printed Name Title Date Page 36 of 82 SOQ #04-21 F QALAA s HOUSING SERVICES CONSULTANT ° y A� ADDENDUM NO. 1 � � Z This Addendum is being issued for the following changes and informational items: CgIrFORN`P THE FOLLOWING REVISIONS AND/OR ADDITIONS TO THE SPECIFICATIONS AND INSTRUCTIONS ARE TO BE INCLUDED IN THE ORIGINAL DRAWINGS AND SPECIFICATIONS. THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED SPECIFICATIONS AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. The City has received the following questions and is hereby providing answers thereto: Q1: Given pandemic restrictions, is the City waiving the notary requirement for the Attachment A: Signature Authorization form? Al: Attachment A does not need to be notarized. Q2: The SOQ is unclear if a single vendor is sought for all services. Can you clarify? A2: All services may be provided by a single vendor or by multiple vendors. The City will review all services proposed by the potential vendors. The City reserves the right to select more than one vendor to fill needs for all services being sought. Q 3: The SOQ does not address if a vendor may submit for only some of the requested services and if so how is that to be done. Can you clarify? A 3: Prospective vendors wishing to submit for only a portion of the requested services should specify which services they are proposing to provide. Q 4: The SOQ does not establish the Department's budget for these services. Can this be provided? A 4: At this time the City is only requesting hourly rates from each of the vendors. Q 5: The SOQ does not state whether the Department prefers the selected vendor to perform these services at City Hall or if they may be done remotely. Can you clarify? A 5: The City is flexible on where services will be provided. Some activities may involve site visits. Furthermore, existing and newly created files are to be maintained in a central repository at City Hall. Q 6: The SOQ requests the vendor to administer agreements and obligations of the city without quantifying or describing the nature, scope and extent of these obligations in sufficient detail to scale or budget services. Can we get details on the existing housing agreements, including the restrictions and funding sources used (as applicable), as well Page 37 of 82 as the planned projects with sufficient details on the status and description of these projects? It is impossible to know and scope the cost/rates without this information. A 6: As stated in Section 4 (Submittal Requirements) the SOQ cannot identify each specific, individual task required to successfully and completely implement this project. Furthermore at this time the City is only requesting hourly rates from each of the vendors. Should you desire, additional information on existing housing projects are included in the City's Housing Element which can be accessed at: h ttps.lAvww. palmsprinpsca._gov/home/showdocument?id=29351 Q 7: Finally, the SOQ does not state when responses to the questions would be shared and if all respondents are able to see questions and responses. Given the deadline is 2/9, when can we expect to receive these responses and all questions/answers? A 7: This addenda addresses all questions received by the 21202021 deadline. This will should allow sufficient time to respond to the SOQ by 21912021. Q 8: Does the City have any guidance or specific expectations regarding consultant proximity and to what extent consultant staff is expected to be on site within the City of Palm Springs? A 8: Refer to answer #5 BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Let# k ilettio Procurement & Contracting Manager, Acting DATE: February 2, 2021 ADDENDUM ACKNOWLEDGMENT: Proposer Firm Name: LeSar Development Co sultants Authorized Signature: enrAfer LeSar, President and CEO Date: 4/20/2021 Acknowledgment of Receipt of Addendum 1 is required by signing and returning a copy of this addendum with your response. Failure to acknowledge this Addendum may result in your RFP being deemed non -responsive. Page 38 of 82 EXHIBIT "C" CONSULTANT'S PROPOSAL N0`3 LESARDEVELOPMENT CONSULTANTS SUBMITTAL DATE.: February 9, 2021 RESPONSE TO NOTICE INVITING STATEMENTS OF QUALIFICATIONS FROM THE CITY OF PALM SPRINGS FOR Services i Work Proposal SOQ► 44-21 Prepared by: LeSar Development Consultants www.LeSarDevelopment.com For all inquiries related to this proposal, please contact: Craig Adelman, Senior Principal LeSar Development Consultants 404 Euclid Ave. Suite 212, San Diego, CA 92114 Phone: 415-218-9455 Email: craig@lesardevelopmentcom Page 39 of 82 Cover Letter Dear Ms. Gileno, LESAR rONSsULTANTIS 404 Euclid Avenue, Suite 212, San Diego. CA 92114 (619) 236-0612 (0) (619) 236-0613 (F) wvvw.LeSarDevelopment.corn LeSar Development Consultants (LDC) enthusiastically submits this Statement of Qualifications in response to SOQ 04-21. Our firm possesses the entire combination of skills and experience to successfully ensure a comprehensive approach to affordable housing and homeless services within the City of Palm Springs. That is our distinct advantage as a firm and precisely why we succeed. In particular, the opportunities and needs of the City of Palm Springs as communicated through the request for qualifications and its anticipated scope of work are a perfect match for LDC's strengths as a firm. We combine alignment across housing and homelessness solutions through integrated services along with deep expertise and experience in overcoming barriers and challenges through the vast public sector, finance, and practitioner experience of our team. With our staff of strategic advisors, LDC specializes in working with diverse stakeholders to address complex public policy and planning issues, such as developing and implementing innovative housing programs, homelessness crisis response and planning, and helping clients address locally specific issues related to community development. We have established deep relationships with thought leaders in the public, private, nonprofit, academic, and philanthropic sectors, and excel at aligning diverse interests to achieve lasting change. LDC was founded in 2005 by Jennifer LeSar and has been in business for 15 years. Craig Adelman is our Senior Principal leading LDC's housing work and will be the Project Manager and primary contact for this project. LDC has completed hundreds of scopes of work for public agencies, municipal governments, continua of care, housing developers, and real estate financiers to conduct analyses and develop strategies to strengthen local processes and service systems and align local laws, ordinances, regulations, and permitting processes with federal and state laws and best practices. In recent years, LDC has trained the State of California's staff on affordable housing, facilitated the creation of a groundbreaking regional housing strategy for the 9 county Bay Area, facilitated the development of a strategic plan for the County of Riverside Continuum of Care, developed an implementation plan for the County of Santa Barbara homelessness action plan, and completed Consolidated Plans for many cities in California. Our seasoned team brings the perspective and experience to help Palm Springs address its housing affordability and homelessness needs through an approach that is centered in equity and ensures high - functioning, accountable, and impactful oversight of activities. We are confident in our capability to exceed the requirements of the scope of work, to foster positive communication, and to effectively address the changing needs of the community. Thank you for considering our proposal. We look forward to next steps. Sincerely, Jennifer LeSar, LDC President and CEO Prepared by LeSar ✓eveicprnent Consul -ants for the Gt} of P^Im <pr,nr•. 2 053 Page 40 of 82 Contents Al. Firm Overview ............................ 4 A2. Project Management ....................... 5 A3. Project Team Members ..................... 6 A4. Project Team Responsibilities ..............14 A5. Description of Firm .......................14 B1. Statement of Understanding of the Project..15 B2. Previous Experience ......................16 B3. Experience Relevant to Scope of Services ....23 B4. Work Product Examples ...................24 Cl. Previous Experience with Public Outreach ...25 D1. References...............................26 APPENDIXA: Excerpts of Work Samples ........ 28 APPENDIX B: Required Forms .................30 � e Prepared Cy LC .ir ✓eveippment Conw!vi lts for the City of P-'m Springs a LFIJ Page 41 of 82 Al. Firm LeSar Development Consultants (LDC) is a social innovation firm focused on systems change that provides clients with creative solutions to foster the v� ry �W growth of healthy, thriving, and vibrant communities. Its mission is to end the housing affordability and homelessness crises in California. With its staff of strategic advisors and experienced technical experts located in offices throughout California, LDC specializes in working with diverse stakeholders to address complex public policy and planning issues pertaining to housing affordability, homelessness, community development, LDC specializes and adjacent sectors. We have established deep relationships with thought in working leaders in the public, private, nonprofit, and philanthropic sectors statewide, with diverse and excel at aligning diverse interests to achieve lasting change. stakeholders to Founded in 2005 by Jennifer LeSar, LDC has completed hundreds of scopes address complex of work for public agencies, municipal governments, housing developers, public policy and and real estate financiers to conduct analyses and develop strategies to align planning issues local laws, ordinances, regulations, and permitting processes with federal and state laws and best practices. In recent years, LDC has facilitated the establishment of the Bay Area's unprecedented CASA Compact; advised Civic San Diego (the City of San Diego's redevelopment successor agency) on a workforce housing fund; wrote the City of Riverside's Housing First Strategy, developed a strategic plan for the County of Riverside Continuum of Care Board of Governance; and is currently assisting the City of Long Beach in updating its inclusionary housing ordinance. LDC has also worked extensively on other projects that will inform the firm's work with the City of Palm Springs, especially as it pertains to data gathering, stakeholder engagement, and policy analysis. Such projects include Consolidated Plans for the City and County of San Diego, Bakersfield, and Phoenix; strategy sessions with San Diego -based social service providers and religious community leaders; the City of San Diego's work plan to facilitate transit -oriented affordable housing development; a multi -year affordable housing action plan for Napa County; and community meetings to support the development of 20 plans to address and prevent homelessness in Los Angeles County. LDC houses the capacity to fulfill the entire anticipated scope of services within one firm, avoiding the need to complicate execution across multiple entities. Prepared by Lr_Sar De,e oprnent Cansuivints for Oe C ty cf F-: m Sprnas 4 I Page 42 of 82 A4. ProjectCraig Adelman, Senior Principal Management Project Role: Project Manager Phone: 415-218-9455 ` Email: Craig@lesardevelopment.com Mr. Adelman will serve as the project lead and manager, coordinating services and resources across the team and with the City. Mr. Adelman has previously served as Deputy Director of the San Francisco Mayor's Office of Housing and Community Development. He has extensive project management and leadership experience with similar clients and scopes in addition to large and complex public -private initiatives requiring cross -sector coordination. He has direct experience and deep subject knowledge across virtually the entire scope of work, and regularly works in close coordination with LDC's homelessness solutions team on coordinated scopes of work, delivering integrated solutions. Prepared dy Le$3r Deve Cpment Con!i 34t:4= for the City of P-: m Sp,ings 5 I Page 43 of 82 DEVELOPMENT 3. Project Team Members LE ARCONSULTP.NTS Craig Adelman, Senior Principal Project Role: Project Lead and Manager Over the course of a 26-year career, Mr. Adelman has been passionate about the intersection of community, equity and capital, focusing on pushing the boundaries of systems, resources, and strategies toward greater impact and efficiency. He began his career implementing anti -displacement acquisition and preservation strategies for a decade in San Francisco's Tenderloin. More recently at the Low Income Investment Fund, he led a partnership with Enterprise and Living Cities that included a deep dive study into displacement mitigations through identifying gentrification trends at the neighborhood scale in four major regions. Later he developed and managed a $90 million multi -disciplinary, multi -partner national initiative (SPARCC); a leading national model for creating regional, community -driven strategies for driving growth that benefits the full range of community. Craig has been an affordable housing developer for much of his career and has significant public policy experience having served as deputy director of the Mayor's Office of Housing in San Francisco. Mr. Adelman holds a degree in Architecture with Business Administration Focus from the University of California, Berkeley. Mitch Wippern, Senior Principal Project Role: Homelessness Manager and Subject Matter Expert Mitch Wippern has over 20 years of success designing, implementing, and managing change initiatives in public sector agencies. He led the redesign and implementation of Napa's er supportive housing and homeless services system, transforming it from an isolated, high - barrier, low -performing system to an integrated, low -barrier, high -performing system. Mr. Wippern also wrote and led the implementation of Napa's Whole Person Care Pilot and helped to develop Napa County's No Place Like Home application. He holds a Master of Public Administration from California State University, Hayward, and a Bachelor of Arts in Political Science from San Francisco State University. Helmi Hisserich, Senior Principal Project Role: Local Agency and Public Policy, Subject Matter Expert Helmi A. Hisserich is a distinguished leader in housing policy and development with a robust track record of developing and scaling sustainable solutions and implementing effective programs to address the housing and homelessness crisis in California. Ms. Hisserich excels at aligning the interests of advocates for social change, government agencies, philanthropic, and private capital investors. Over the arc of her career, she has advanced housing policy and development programs in the City of Los Angeles under different administrations and worked with a wide range of civic and community leaders while remaining focused on broad City goals amid constant change. Ms. Hisserich holds a Bachelor of Arts degree in Comparative Literature from the University of Southern California, a Master of Business Administration from Cornell University. In 2011, Ms. Hisserich attended Harvard Kennedy School of Government program for Senior Officials in State and Local Government. Prepared by LeSar Geve'cpment Con:a[tants for the Gty of P 4-.. Spnnas 6 IN Page 44 of 82 LESARDEVELO C ONSUL AN�1S Gabriel Speyer, Senior Principal Project Role: Housing Development and Finance, Subject Matter Expert Gabriel Speyer is a Senior Principal with LeSar Development Consultants. For five years prior, he was a Senior Project Manager in the Housing Development Department of the Tenderloin Neighborhood Development Corporation, a high performing affordable developer in San Francisco. During that time, he oversaw all aspects of numerous new -construction and rehabilitation projects including entitlements, design, finance, construction and lease -up. His accomplishments included a $96M rehabilitation of a 13-story high-rise under an innovative HUD program and 32 new units for Transitional Aged Youth. Prior to TNDC, Gabe spent 10 years as a Senior Client Manager with Bank of America Merrill Lynch Community Development Banking. In that role, Gabe financed over 1,000 units of affordable and supportive housing through throughout California via LIHTC equity and construction & permanent loans. Gabe is a Marshall Memorial Fellow and former Ironman triathlete. He holds an MBA from Columbia University and a BA in Economics from the University of California, San Diego. Farzad Mashhood, Associate Project Role: �j Project Associate - Housing e� Farzad Mashhood is an experienced communicator and urban planner with a passion for cities and public service. Originally a journalist covering urban government, Farzad has written for the Austin American -Statesman and the Orange County Register and his work has appeared in many other newspapers around the country. Prior to joining LDC, Farzad worked abroad leading a communication platform for an international NGO based in Haifa, Israel. He has a dual bachelor's degree in Sociology and Philosophy from UCLA and a master's in Community and Regional Planning from The University of Texas at Austin's School of Architecture. His academic research delved into subjects such as affordable housing, bicycle and pedestrian transit, and public space. Stefan Gonzalez, Associate Project Role: Project Associate - Homelessness Stefan Gonzalez has experience building innovative programs to address the unique needs of some the most vulnerable populations. Stefan previously led the design and implementation of the Housing Partnerships Program at PATH's regional San Diego office. This program successfully increased the housing opportunities for people experiencing homelessness through inventive and targeted partnerships within the private rental market. Stefan has broad knowledge of homelessness services programs, having led a large team that provided housing services to more than 10 programs like the Whole Person Wellness Pilot, Health Homes, and Rapid Rehousing. Stefan has elevated conversations surrounding racial equity and housing justice within the homelessness services sector and was an integral leader in PATH's statewide Diversity, Equity, and Inclusion steering process. Stefan holds a Bachelor of Arts in International Affairs from Lewis & Clark College. prepared ty UeSar ✓eve eprnent Cono iKants for Oe Cstr of Palm Springs 7 OR Page 45 of 82 CRAIG ADELMAN, Senior Principal LES ©R CONSL) DEVELOPMENT !—\I\ CUNSIILTANTS EDUCATION Bachelor of Arts Architecture with Business Administration Focus University of California, Berkeley PROFESSIONAL EXPERIENCE Over the course of a 26-year career, Mr. Adelman has been passionate about the intersection of community, equity and capital, focusing on emergent, innovative and complex real estate transactions, structures and programs as a means of pushing the boundaries of insufficient systems, resources and strategies toward greater impact and efficiency. SENIOR PRINCIPAL 12019-Present LeSor Development Consultants, San Diego, CA Leads LeSar's Housing and Policy practice, including advisory services to a range of public, private, and philanthropic clients seeking solutions and opportunities for greater impact on the housing crisis, providing expertise in policy, real estate, and finance. MANAGING DIRECTOR - SPARCC Low income Investment Fund, San Francisco, CA 12014 - 2018 Managed a $90 million complex, multi -disciplinary, multi -partner national initiative focused on racial equity and aimed at investing in and amplifying local efforts in six different cities to ensure that major new investments lead to equitable and healthy opportunities for everyone. Components included capital, policy, data, learning and communications. Managed a team of 12 across four organizations in addition to consultants and advisors. VICE PRESIDENT, NORTHERN CALIFORNIA AMCAL Mufti -Housing, Inc„ San Francisco j 2011- 2014 Lead the real estate and finance development and implementation of San Francisco's bold and innovative HOPE SF initiative, which seeks to reimaging several public housing projects as thriving, connected communities. DEPUTY DIRECTOR Mayor's Office of Housing, San Francisco, CA 12008 - 2010 VICE PRESIDENT AF Evans Development, Inc„ Oakland, CA 12005 - 2008 VICE PRESIDENT Bank of America,. San Francisco, CA 12003 - 2005 ASSOCIATE HOUSING DIRECTOR Tenderloin Neighborhood Development Corporation, San Francisco, CA 11993 - 2003 Prepared by LeSar ue•.e:opment Convu!t;ants ter the Oty of P<Irn, Springs Lis! Page 46 of 82 IVIENT MITCH WIPPERN, Senior Principal CONSU TANTS �E A� �:rJNSi1LTANT5 EDUCATION Master of Public Administration California State University, Hayward, CA Bachelor of Arts Political Science, San Francisco State University, San Francisco, CA PROFESSIONAL EXPERIENCE SENIOR PRINCIPAL 12019-Present LeSar Development Consultants, Son Diego, CA Analyzes the impact and capacity of homeless systems, develops and implements strategies to increase system effectiveness, builds community consensus on initiatives to assist at -risk populations. CHIEF DEPUTY DIRECTOR 1 2016-2019 County of Napa Health and Human Services Agency (HHSA), Napa, CA Developed and implemented strategies to redesign homeless and supportive housing services system and led design and implementation of Whole Person Care Pilot, a program designed to positively impact system use by people experiencing chronic homelessness, Delivered high -impact presentations to Board of Supervisors (BOS), community groups, professional organizations, and other related groups on controversial/priority public policy issues. Assembled and led team developing local Assistance Centers serving three disasters to date and acted as point person partnering with local emergency response staff, Cal OES, FEMA, and local nonprofits. Designed process ensuring that interim housing needs were met during local disasters. Held programmatic responsibility, leading and managing staff representing divisions of: • Homeless Services: Developing/implementing strategies redesigning homeless/ supportive housing services systems. • Operations Division: Developing operating budget, planning, and directing facilities and IT systems. DEPUTY DIRECTOR 1 2008-2016 County of Napa Health and Human Services Agency (HHSA), Napa, CA Developed, implemented, and sustained relationships with local jurisdictions improving operational relationships. Collaborated with senior management team in jointly planning and implementing Agency -wide programs. Worked with local nonprofits in developing and implementing supportive employment/work experience programs. Led development of protocol with local law enforcement and hospital staff on 5150 evaluations, markedly improving professional relationships and customer service. Coordinated H1N1 Vaccine Campaign Taskforce ensuring vaccination of vulnerable populations. Member of team planning strategic healthcare integration, including preparation to qualify Agency for financial incentives under meaningful use standards. Prcpa ed ry LeSar :;e've cp.rant consonants fort lie Qry :;f P- m -;pr!ng— `J Lib/ Page 47 of 82 j� DEVELOPMENT HELMI HISSERICH, Senior Principal, Co -Lead, Housing Tearn � E AR CONSJLTANTS EDUCATION Executive Education - Senior Officials In State and Local Government Harvard University - Kennedy School of Government Master of Business Administration Cornell University Bachelor of Arts, Comparative Literature University of Southern California PROFESSIONAL EXPERIENCE SENIOR PRINCIPAL ) 2021-Present LeSar Development Consultants, Son Diego, CA Co -Leads LeSar's Housing and Policy practice, including advisory services to a range of public, private, and philanthropic clients seeking solutions and opportunities for greater Impact on the housing crisis, providing expertise in policy, real estate, and finance. DIRECTOR OF HOUSING - STRATEGIES & SERVICES DIVISION ) 2017-2021 City of LosAngeles Housing & Community Investment Department Responsible for developing and implementing new Affordable Housing Strategies in Los Angeles and managing several long-standing housing service programs. Recent accomplishments include creating the Affordable Housing on Public Land Development Program which has resulted in 1,893 units of affordable housing on 56 public properties. Launching the Naturally Occurring Affordable Housing ("NOAH") loan program and the Accessory Dwelling Unit (ADU) Accelerator Program. Currently developing a streamlined affordable housing strategy using modular construction on public land with simplified financing. Housing Services programs include the Los Angeles First Time Homebuyer Loan Program, the Lead Hazard Remediation Program and Emergency Repairs for Low Income Seniors. Manage 28 Staff with an annual capital budget of $50 Million. Assistant General Manager - Housing Development Bureau 12009 - 2017 Managed all Multifamily Lending, Single Family Lending, Bond Programs for the City of Los Angeles and oversaw a $1.9 Billion affordable Housing Loan Portfolio and monitoring 40,000 income restricted units. Work with elected leaders and community stakeholders and philanthropic leaders on key priorities in Los Angeles, Achieved$2.1 Billion in new construction and more than 5,000 units of affordable and homeless housing. Managed 110staff in three operating divisions with an annual capital budget of $150 Million in federal grants, state tax credits and local housing funds. DEPUTY MAYOR OF HOUSING & HOMELESSNESS 12007 - 2009 City of Los Angeles Office of MayorAntonlo Vllloralgosa REDEVELOPMENT ADMINISTRATOR -HOLLYWOOD & CENTRAL REGION 12003 - 2007 City of Los Angeles Community Redevelopment Agency Prepa ed by 'LeS:ar Geve aproent Con:u"ants far t`e City of P-dm. `prings 1D Lljj Page 48 of 82 GABRIEL SPEYER, Senior Principal LESAR DEVELOPMENT �ris.�LT-�rat� EDUCATION Master of Business Administration Columbia University Graduate School of Business Bachelor of Arts Economics and Sociology, University of California, San Diego • Successful and respected housing professional with 15 years experience in housing finance and development. • Superior knowledge of finance, including assessment, analysis and underwriting. • Excellent written and verbal communication skills including public presentations and facilitation. • Well -versed in affordable housing policy and programs. • Track record of business development achievement. PROFESSIONAL EXPERIENCE SENIOR PRINCIPAL 12021-Present LeSar Development Consultants, San Diego, CA Leads LeSar's Housing and Policy practice, including advisory services to a range of public, private, and philanthropic clients seeking solutions and opportunities for greater impact on the housing crisis, providing expertise in policy, real estate, and finance. SENIOR PROJECT MANAGER 1 2016- 2019 "tenderloin Neighborhood Development Corporation, San Francisco, CA Simultaneously manage all aspects of three low-income housing projects from concept through conversion, including architectural design, land -use approvals, capital structuring, construction, and lease -up. Spearhead teams of internal & external teammates to accomplish shared goals, analyze real estate risks and opportunities, communicate fact - based conclusions, lead effective meetings, work with government partners, participate in housing policy forums, educate colleagues, monitor budget & schedules, and forecast outcomes. SENIOR CLIENT MANAGER 12005 - 2016 Bank of America Merrill Lynch Community Development Banking., San Francisco Financed the construction of over 1,200 low-income housing units, including permanent supportive, senior and family housing in urban, suburban and rural environments. Clients included Mercy Housing California, Eden Housing, St. Anton Partners, the Tenderloin Neighborhood Development Corporation, Coachella Valley Housing and others. Primary Client Manager for the San Francisco office; geographic territory included the nine -county Bay Area, Sacramento and the Central Valley. SENIOR ANALYST 12002 - 2005 Cohen Financial Underwrote approximately $600 million annually in new debt and equity transactions for commercial real estate, including office, retail and market -rate apartment buildings. ISM Prepared by 1'e5ar ✓eve epment on &_rots for tle Gtr of p-:iv Sp^n;s 11 DO Page 49 of 82 FARZAD MASH HOOD, Associate EDUCATION Master of Science, Community and Regional Planning University of Texas at Austin, 2017 Bachelor of Arts, Sociology and Philosophy (dual degree) University of California, Los Angeles, 2011 PROFESSIONAL EXPERIENCE ASSOCIATE (June 2020 - Present) LESAR CONS TANTJS LeSar Development Consultants Developed content for Housing Policy Research Academy, specializing in state housing planning mandates, grant funding, and various strategies to address the housing crisis Researched and analyzed housing and policy needs in communities affected by major wildfires across California to help provide millions of dollars in disaster recovery funds Provided land use planning insight into the development potential of publicly -owned portfolio of affordable rental homes PROGRAM OFFICER (July 2018 - December 2019) Baho'l World Centre, Haifa, Israel Edited an international news service with 30,000 monthly readers in virtually every country Developed policies and procedures for expanded areas of work Coordinated cross -functional teams to launch new online publication Collaborated with associates in dozens of countries, working with colleagues from a variety of cultural backgrounds GRADUATE RESEARCH ASSISTANT (August 2016 - May 2017) The University of Texas at Austin, Austin, Texas Managed data collection segment of UT Austin-UC Berkeley housing study about barriers to developing accessory dwelling units PLANNING INTERN (June - August 2016) City ofAustin, Planning and Zoning Department, Austin, Texas Wrote comprehensive evaluation of 10-year progress of the department's Austin Community Tree (ACT) program, an urban ecology initiative to increase tree canopy Conducted meetings with residents and business owners to elicit program support METRO REPORTER (June 2011 - May 2014) Austin American -Statesman, Austin, Texas Wrote primarily about urban affairs such as the environment, development, crime, transportation, and public budgets Prepared by LCSir x e cprent Consu*ants for the City of p-irr springs 12 Page 50 of 82 STEFAN GONZALEZ, Associate LESAR CONS(; PANTS EDUCATION Bachelor of Arts, International Affairs Lewis & Clark College, Portland, OR PROFESSIONAL EXPERIENCE ASSOCIATE II (2020 - Present) LeSar Development Consultants Provides strategic support in program design, implementation, and evaluation within the homelessness sector. Analyses the effectiveness of homelessness solutions and builds capacity for long-term systems change. PROGRAM MANAGER OF HOUSING (2019-2020) HOUSING SPECIALIST (2017-2019) People Assisting the Homeless (PATH), Son Diego Designed and implemented the housing partnerships program at PATH San Diego, which became a self-sustaining, data -driven program centered on increasing housing opportunities for people experiencing homelessness through inventive partnerships within the private rental market. Developed a broad knowledge of housing policy, program design, and program implementation in managing over 10 rental assistance programs, including Whole Person Care, Health Homes, and Rapid Rehousing. Led a team of 12 Housing Specialist staff and managed over 1 million dollars of temporary financial assistance requests. Elevated conversations surrounding racial equity and housing justice within the homeless service sector and helped lead PATH's statewide Diversity, Equity, and Inclusion steering process. EMPLOYMENT ACCESS PROGRAM OFFICER (2016-2017) Scalabrini Centre for Migration, Cape Town, South Africa Utilized an asset -based community development approach to cultivate regional partnerships with businesses, governmental and non -governmental organizations. Supported over 200 refugees, asylum seekers, and Zimbabwe special work permit holders access the South African economy through advocacy and client consultations. Assisted Scalabrini Centre's advocacy for Angolans Cessation Permit (ACP) holders, which resulted in an exemption being granted for 1,800 former Angolan refugees on the ACP who faced imminent deportation. Prepared r..y 'Le5ar Geve?cpment Con dfants forth" Gty of P-im Springs 13 LFS11 Page 51 of 82 A4. Project Team Responsibilities Senior Principal Craig Adelman will service as the project lead and manager, coordinating services and resources across the team and with the City of Palm Springs. Mr. Adelman has extensive project management and leadership experience with similar clients and scopes in addition to large and complex public -private initiatives requiring cross -sector coordination. He has direct experience and deep subject knowledge across virtually the entire scope of work, and regularly works in close coordination with LDC's homelessness solutions team on coordinated scopes of work and delivering integrated solutions. As such, he will work closely with Senior Principal Mitch Wippern to effectively align LDC's resources and strategies to jointly meet Palm Springs's housing and homelessness needs. Mr. Wippern will contribute his extensive direct public sector experience implementing homelessness solutions along with subject matter expertise on current best practices and policies to address homelessness. Senior Principals Helm! Hisserich and Gabriel Speyer will contribute their extensive housing experience in local government, finance, and development to our work, providing deep subject matter expertise as needed within the scope of services. Farzad Mashhood and Stefan Gonzalez are project associates from the housing and homelessness team respectively and will provide direct services and support as appropriate for the needs of the City and the scope of work. Both regularly work directly in client facing roles and provide strong expertise and skills as reference in A5. Description of Firm LeSar Development Consultants (LDC) provides clients with creative solutions to foster the growth of healthy, thriving, and vibrant communities. With its staff of strategic advisors and technical experts located in offices statewide, LDC specializes in working with diverse stakeholders to address complex public policy and planning issues, such as housing affordability and homelessness, workforce and economic development, and community development. Through our work, we have established deep relationships with thought leaders in the public, private, nonprofit, and philanthropic sectors statewide, and excel at aligning diverse interests to achieve lasting change. Founded in 2005 by Jennifer LeSar, LDC is a corporation certified by the State of California as a WBE/ SBE. LDC is organized into three teams: Housing Policy, Homelessness Solutions, and Innovations. For team member qualifications above. The proposed scope of work is entirely within LDC's capacities and skillsets. LDC also believes it is essential to work closely with the City of Palm Springs to develop and then continue to refine our approach to the work and our interaction and communication. LDC uses this collaborative approach regularly and has found it to be most effective in addressing client needs, culture, capacity, and limitations to derive the greatest value and impact from our relationship. LDC believes it is essential to work closely with the City of Palm Springs this scope of work, team members from the Housing Policy and Homelessness Solutions teams will be working on this project upon contract execution. The Housing Policy and Homelessness Solutions team members will have hours allocated for workload planning purposes to ensure maximum coverage so that all City of Palm Springs requests will be met throughout the life of the project. INFAN Prcpa ed by LeSar De'JP_ opment Conrdvinis for the Gtp of Pnirn Springs 14 052 Page 52 of 82 B1. Statement of Understanding ,! .. Project LeSar Development Consultants acutely understands the challenges local governments face in addressing the crises of housing affordability and homelessness. These are complex and interrelated issues requiring deft understanding of local context, the current policy environment, key stakeholders, essential partners within and outside of government, current funding and financing opportunities, and regulatory and statutory constraints. And that's just a start. These are not easy problems to solve. A large part of LDC's work is partnering with local government to leverage our technical capacity, thought leadership, public sector experience, and private sector ingenuity with their community's specific circumstances to create and implement effective responses. The stated scope of work in the SOQ request is very broad and wide ranging - and yet not the slightest bit inaccurate, reflecting the complexity of the challenge and the integrated approach required to meet it. Our team understands and has direct experience with addressing the scope components from the perspective of a local housing and homelessness agency. But we also bring direct experience as affordable housing developers, homeless service providers, urban planners, lenders, investors, and policy makers. We can bring an essential range of perspectives to effectively implement solutions requiring public private partnerships. The City cannot succeed on its own and needs a consulting partner that can forge and grow critical collaborations vital to lasting solutions. LDC also understands not every problem requires an innovative solution. Sometimes the best response is a tried-and-true program or approach that needs to be implemented effectively. We stay on top of current policy, program rules, funding availability, and regulations to ensure Palm Springs will adeptly use the resources already at its access. We are also in a very dynamic time regarding housing and homeless solutions, and LDC stays at the cutting edge of policy and innovation to ensure that where there are applicable new strategies, we assess and consider them along with our clients and employ them where appropriate. We've gone into more specifics on our understanding of the four components of the scope of work as organized in the invitation to submit below. AFFORDABLE HOUSING LDC's housing team has an unsurpassed depth of knowledge and experience in developing and managing affordable housing programs and strategies. From site and pipeline assessment to asset management, we've had direct experience ensuring quality housing opportunities are created through effective program management and high -performing partnerships. As our experience demonstrates, we bring a broad understanding of the housing system coupled with deep experience in virtually all its components. We understand how to work with city government to achieve effective outcomes and to be responsive to the unique strengths and challenges within a specific community. LDC has direct experience in every component of the stated affordable housing scope and welcomes the opportunity to apply our expertise on behalf of Palm Springs. HOMELESS SERVICES LDC has broad knowledge on the organizational design, implementation, and evaluation of homeless services. Our approach to homeless services design builds off industry best practices and centers the lived experience of people experiencing homelessness to guide key stakeholders such as public authorities, CoCs, private partners, and nonprofit providers toward coordinated solutions that improve outcomes for those most vulnerable. As our experience demonstrates, we possess a robust understanding of key systems and processes within the homelessness response system like HMIS, CES, and PIT Counts that are integral to a coordinated response. LDC has experience working with communities to better align public resources and strategies in a targeted approach that focuses on identifying gaps, improving outcomes, lessening public costs, and reducing the stress on systems downstream. LDC continues to leverage a multidisciplinary framework to addressing homelessness that aligns prepared by LrSir Gene epment Comw!tants for the Oty of P &-n Sp,mp 1.5 1lbj Page 53 of 82 outreach and coordination efforts with adjacent systems like housing, healthcare, child welfare, and law enforcement. Through an integrated approach, we have experience establishing strategic buy -in from external and internal partners to interface on key homelessness initiatives, AFFORDABLE HOUSING AND HOMELESSNESS PROGRAM AND RESOURCE DEVELOPMENT The cross -discipline work that LDC does often requires identifying funding sources that might support a given program. The assistance we give to clients in this area ranges from our Capital Mapping program that provides customized comprehensive reports and strategies on federal, state, and local funding sources based on jurisdictional needs to an analysis of the current use of and the historical trends in service funding for a community. This range of services helps to ensure that our clients are aware of and can access funds that meet specific local needs. LDC has also provided grant writing services for a variety of funding sources that resulted in new funds being awarded to the client for program specific needs. ADMINISTRATION Finally, none of this is sustainable without effective administration. LDC understands that managing the system, from documentation and record management to communication and messaging, is the critical backbone of the City's functions. We recognize this importance and seek to simultaneously improve efficiency and effectiveness in implementing these functions. LDC's team has extensive experience administering federal, state, private, and philanthropic funding sources and will leverage this technical knowledge on behalf of the City. B2a Previous Experience The LDC team has completed hundreds of scopes of work for public agencies, municipal governments, nonprofit and for - profit developers, and service providers applicable to the scope of housing- and homelessness - related expertise requested in the City of Palm Springs' statement of qualifications. We have developed housing policy and financing strategies and recommendations to align local laws, ordinances, regulations, and permitting processes with federal and state laws and best practices. LDC has done this work in the areas of transit -oriented development, homelessness systems change, acceleration of housing production and reduction of costs, public housing mixed finance, and leveraged community development finance. We have in-depth knowledge of the housing and real estate market statewide and extensive experience advising public agencies on the development of policies, procedures, ordinances, and public outreach materials, as well as managing RFP processes. LDC also specializes in providing well -researched, actionable guidance to structure programs that leverage federal and state housing programs, such as the Low-income Housing Tax Credit, Community Development Block Grant, HOME Investment Partnerships, Section 8, and many programs from the State of California. We also have the expertise to conduct real estate feasibility analyses, develop lending and portfolio management systems, assist clients with project - specific negotiations and deal underwriting, and evaluate tax credit development applications and financial models. Finally, our team has extensive experience in homelessness services policy and program design, implementation, and evaluation, as well as landlord and service provider engagement, HMIS system implementation and data analytic, and local and CoC-wide homelessness system improvements. The following project descriptions comprise a selection of recent LDC clients and projects relevant to the City of Palm Springs' housing and homelessness consulting needs. Preparod ty LeSar Can;ii":an[s for the C:ty of P.:;;s; springs 16 LFbJ Page 54 of 82 California Department of General Services Real Estate Economist Consultant Services Award and Completion Dates: November 2020-November 2023 Project Description: The State of California selected LDC to serve as its consultant working in partnership with the Department of General Services and the Department of Housing and Community Development to enact and implement the Governor's executive order to convert excess State-owned properties into affordable housing. The multiyear engagement includes enacting and documenting the program, prioritizing properties in the portfolio, detailed assessments of site feasibility, and helping manage solicitation, disposition, and negotiations with developers. LDC will provide critical expertise in affordable housing development, finance, and innovation to expedite production and maximize impact of State resources. The program seeks to create over 4,000 units of affordable housing statewide. City and County of Napa Multi -Year Services for Affordable Housing Development and Program Implementation Project Term: 2007-Present Project Description: LDC has been working with Napa County and the City of Napa since 2007 to provide a comprehensive array of housing programs and services, including (1) a comprehensive approach and plan to manage and increase real estate portfolios for affordable housing; (2) the development of affordable housing lending programs for Napa County and the City of Napa, including policies and procedures, which brought together the relevant sections of the municipal code and the housing elements of each jurisdiction; and (3) underwriting guidelines based on best practices observed in a review of more than 15 local jurisdictions in the state. LDC has provided ongoing underwriting services, overview of new funding sources, and special studies for different housing typologies and populations, including farmworker housing and accessory dwelling units (ADUs). Los Angeles County Development Authority Housing Development Consulting Services Project Term: 2007-Present Project Description: LDC has been an ongoing underwriter of the competitive applications submitted under the Notice of Funding Availability (NOFA) process since 2008. The review experience includes providing an initial threshold review and narrative explanation, reviewing, and scoring applications in accordance with the approved procedures, and working cooperatively with LACDA staff. LDC also provides LACDA staff with technical advisory services, using our programmatic knowledge and our expertise in loan origination and underwriting of complex investments in equity funds, multi -family portfolios, historic, and Low -Income Housing Tax Credit properties that use federal and state financing programs to address all necessary project underwriting on behalf of the County. LDC recently advised LACDA on Project Homekey strategies, site acquisition challenges, and rental subsidy voucher strategies. Our capacity extends from collecting all due diligence items required by the County to communicating with the borrower, representing the County on lender calls, and collaborating on work done across the necessary entities to get deals closed and housing built. Additionally, we have capacity to prepare internal loan committee staff reports and present projects to committees. 1 Prepared by LeS,3r :nve;eprnent ConswItants for the C':ty of P--M Springs 17 102 Page 55 of 82 City of San Bernardino Center for Community Investment, Affordable Housing Pipeline Assessment (see work product sample) Project Term: September 2020 - February 2021 Project Description: LeSar was approached by a collaborative table of community stakeholders in the City of San Bernardino (including City staff) to review their affordable housing development pipeline and analyze its feasibility along with strategies for expanding and accelerating development opportunities. Through funding and programmatic support from the Center for Community Investment, LDC evaluated the likely feasibility of development projects, conducted research and interviews with developers, visited sites, and analyzed development viability, trends, and potential capital and policy solutions to achieve the stated outcomes and improve the City's housing capacity. Development types included single family homeownership, permanent supportive housing, mixed income multifamily, and housing authority site redevelopment. City of San Diego 2020-2024 Consolidated Plan and Fiscal Year 2020 Action Plan Award and Completion Dates: 2018-2019 Project Description: LDC worked with the City of San Diego to develop its 2020-2024 Consolidated Plan and 2020 Action Plan, which helps to evaluate community needs and allocate funds to assist low -to -moderate income individuals and families. This process included updating the Citizen Participation Plan; facilitating community dialogue in low- and moderate -income communities to identify housing, economic, and community development priorities; conducting a housing and community needs assessment based on an analysis of the housing market and economic and community needs; and drafting the five-year plan and one-year action plan. Feedback received in the public comment period was incorporated into the final plan for submission to HUD in May 2019. County of San Diego 2020-2024 Consolidated Plan and Fiscal Year 2020 Action Plan (see work product sample) Award and Completion Dates: April 2019-May 2020 Project Description: LDC worked with the County of San Diego to develop its 2020-2024 Consolidated Plan and 2020 Annual Action Plan. The Consolidated Plan covers all unincorporated area of the County, as well as the incorporated cities of Coronado, Del Mar, Imperial Beach, Lemon Grove, Poway, Solana Beach, Carlsbad, Encinitas, La Mesa, San Marcos, Santee, and Vista. The plan development process included updating the Citizen Participation Plan; facilitating community engagement in low- and moderate -income communities to identify housing, economic, and community development priorities throughout the region; conducting a housing and community needs assessment based on a robust data and policy analysis of the housing market and economic and community needs; and drafting the Five -Year Plan and Annual Action Plan. Additional engagement Included the development of a community needs survey to solicit feedback from the broader community, as well as consultations with key stakeholders to inform future goals and priorities, as well as implementing the key requirements of the Citizen Participation Plan, The final Consolidated Plan and Annual Action Plan were submitted to HUD in May 2020. Prepared Fy LeSar Dove cprnent CortmOvints for the Oty of Pair. Spr;ngs 13 LF51 Page 56 of 82 Metropolitan Transportation Commission (MTC) Regional Housing Strategy (CASA Process) Project Term: May 2017-January 2019 Project Description: Jennifer LeSar, President and CEO of LeSar and Co -CEO of Estolano LeSar Advisors (ELA), served as the facilitator and strategic process design lead for the CASA process that resulted in the CASA 'Compact, a 10-point plan to address the Bay Area's regional housing affordability crisis. LeSar, the three CASA co-chairs, and MTC staff guided and supported a planning process aimed at increasing housing production at all levels of affordability, preserving existing affordable housing stock, and protecting vulnerable populations from experiencing housing instability and threats of displacement. LeSar and ELA staff also facilitated the work of CASA's Steering and Technical Committees, which are composed of a diverse group of leaders from the Bay Area private, philanthropic, governmental, and nonprofit sectors. Weingart Center Association Supportive Housing Development Project Term: February 2016 -January 2017 Project Description: In 2015, Weingart Center Association engaged LDC to assist with evaluation of an opportunity to partner with a local developer to acquire a property in Skid Row for the purpose of developing supportive housing for individuals experiencing homelessness, to evaluate development potential for the site and to assist the Board and Executive Staff in developing a vision and planning framework for the role of Weingart in developing affordable and supportive housing. LDC introduced Weingart to alternative developers, advised them on the developer selection process, and eventually helped them unwind their initial development partnership and negotiate a joint development agreement with Chelsea Investment Corporation. LDC also provided advice and counsel to Weingart on the creation of a short- and long-term real estate development and management strategy and work plan, which included education and planning sessions with senior staff and the Board of Directors, research on affordable and supportive housing issues, the outline of a service strategy and plan, and the identification of available revenue sources. San Diego Housing Commission Homelessness Consultation and PSH Toolkit Project Term: September 2018-Present Project Description: LDC has provided ongoing homelessness consultation services to the San Diego Housing Commission, which serves as the Public Housing Authority and administers and oversees homelessness assistance programs for the City of San Diego. LDC provides strategic counsel to SDHC on addressing homelessness and technical assistance on specific activities, including improving street outreach services, program design for a problem -solving fund, youth host home development, and the design of a shallow rent subsidy pool as outlined in the City of San Diego's Homeless Emergency Aid Program (HEAP) application to the state. LDC previously worked with SDHC on an evaluation of the City's emergency shelter programs. LDC worked with SDHC to create a Permanent Supportive Housing (PSH) toolkit designed to assist local developers in strengthening their supportive services plans. LDC is also currently working with SDHC on creating a Permanent Supportive Housing (PSH) toolkit designed to assist local developers in strengthening their supportive services plans. Prepared by LPSnr De4e?cprnent Con dvints far the City cf pai;r, Springs 19 3, Page 57 of 82 County of San Diego Affordable Housing, Homelessness, and Health Strategic Plan Project Term: July 2017-March 2018 Project Description: San Diego Health and Human Services Agency (HHSA) to create a plan for addressing housing, homelessness, and health. In 2017, the County merged their Public Housing Authority under the umbrella of HHSA and identified a need to determine how the new combined entity would address housing and homelessness through the integration of health and human services. To create the plan, LDC met with various county departments including housing, behavioral health, child welfare, aging and independent services, public health, and probation to gather input and mapped all housing resources/funds throughout various HHSA departments. The final plan included how HHSA would move forward with creating new affordable and supportive housing across the county using forthcoming funding sources, such as No Place Like Home funds, and integrate healthcare partnerships with Medi-Cal Managed Care Plans and services to assist homeless households. City of Pomona Prohousing Webinar Series Project Term: November 2020-April 2021 Project Description: LDC is producing a customized course that blends elements of its Housing Policy Leadership Academy with content focused on specific prohousing policies that support the planning, approval, and construction of housing. Each session will be a 90-minute webinar and include an opportunity for the City to gather feedback from the 20-30-person cohort of local and regional leadership and other stakeholders to inform the development of committees and working groups to participate in the Housing Element planning process. County of Riverside and Continuum of Care Strategic Planning Consulting Services (see work product sample) Project Term: November 2019-Present Project Description: In Phase I LDC was engaged to develop and implement a strategic planning process to provide the Board of Governance (BoG) for Riverside County and the Continuum of Care (CoC) with a roadmap and organizational structure that transforms the CoC network into a high -functioning, high -impact network with clear goals and strategies that works seamlessly to implement objectives to address regional homelessness. This work involved an outreach, assessment, engagement, and planning process that built on BoG and CoC strengths and achievements and that articulated a vision for the future based on an in-depth understanding of the changing social, political, economic, and technological environment faced by the CoC. The process also incorporated feedback from regional partners and diverse stakeholders to ensure that the plan and organizational structure achieved widespread internal and external buy -in. in Phase II LDC was asked to perform a needs and gap analysis for the Continuum of Care, develop a Strategic Homeless Action plan and develop an implementation plan for the Board of Governance Strategic plan developed in Phase I. This work will start in February 2021. Prepared by Lc&ir De'veiapment Crnsu`:tants for the City of P-M. Springs 20 LF51 Page 58 of 82 City of Riverside Housing First Policy. Development, and Funding Strategy (see work product sample) Project Term: October 2017-December 2018 Project Description: The City of Riverside, like other Southern California cities, is impacted by homelessness, especially those who are living unsheltered. To reduce homelessness and its impact on the community, the City is actively pursuing the creation of nearly 400 units of housing to meet the needs of the current unsheltered population. To achieve this goal, the City has committed to Housing First as a best practice approach to address homelessness, and specifically to using the supportive housing intervention. To help guide the City of Riverside as they pursue the creation of housing to address homelessness over the next few years, LDC created a strategy which provides recommendations for best practices related to the development and operation of supportive housing in policy. The strategy also provides direction on specific parcels types to consider for development and funding sources available to subsidize development costs. LDC has been asked to update this plan for the City of Riverside. County of Santa Barbara Community Action Plan to Address Homelessness Project Term: October 2019-April 2020 Project Description: LDC engaged in a regionwide planning process to provide the County, the Continuum of Care (CoC), and municipal jurisdictions with a regional roadmap and structure to implement the Community Action Plan to Address Homelessness in Santa Barbara County. LDC conducted an assessment, engagement, and planning process that built on the strategies outlined in the Community Action Plan. The process also focused on addressing identified barriers and aligning systems and activities across the region and expanding affordable and supportive housing opportunities for a variety of subpopulations, including individuals with disabilities and those who are at risk of chronic homelessness. San Gabriel Valley Council of Governments Homelessness Planning for 17 Cities Project Term: November 2017-July 2018 Project Description:: In January 2018, the San Gabriel Valley Council of Governments (SGVCOG) hired LDC to help 17 cities in the region develop homelessness plans using one-time grant funding from a program created by the County of Los Angeles and the United Way of Greater Los Angeles' Home for Good Funders Collaborative. Because most cities did not have current plans to address homelessness, LDC initially worked with staff in each city to gather background information about local efforts. LDC then conducted research on local and regional demographic trends and programs, conducted stakeholder interviews, and facilitated a series of community meetings to discuss challenges, opportunities, and priorities for addressing homelessness. LDC augmented the findings from these meetings with additional research and worked with City staff to draft plans with goals and action steps, recommended policy and program changes, and potential resources and partners to support each plan's implementation. LDC staff also prepared materials and supported staff in seeking City Council approval for the plans. As part of the planning process, LDC worked with cities to align their plans with the strategies funded through the Los Angeles County Homeless Initiative, which address the Coordinated Entry System, case management and services, affordable and subsidized housing, accessing employment and benefits income, and homelessness prevention. LDC also assisted the SGVCOG in fostering sub -regional cohorts and hosting a post - planning summit to support the cities' transition from planning to implementation. Prepared 6y:.eS?r Development Conru inns for the City of P-1ni Sprngs 21 IN Page 59 of 82 Anthem Blue Cross State of California Homeless and Housing Strategy Award and Completion Dates: January 2016-Present Project Description: LDC has worked with Anthem as its national homelessness advisor since 2016. In 2018. LDC created a strategic plan to help the health plan better addresses homelessness among their Medi-Cal members and build solid partnerships with local communities. LDC is now helping to implement the plan, which includes creating a statewide housing flex fund and partnerships with local homeless services providers In key markets statewide. Among these projects was a successful permanent supportive housing voucher pilot program for 25 homeless households in Pomona. LDC is now managing flexible housing subsidy pools for Anthem in Indiana, Kentucky, and Texas. 41 Prepared by _eSar Deye aprnent Consukants for the Oty of P-h' Springs 22 15 Page 60 of 82 B3o Experience Relevant to Scope of Services As addressed in other sections of this SOQ, LDC's team is comprised of experts with deep and broad experience relevant to the scope of services. Specifically: • Craig Adelman (Senior Principal, Project Manager): served as Deputy Director of the San Francisco Mayor's Office of Housing (City and County) and managed major initiatives, development funding, asset management, and policy at local, state, and federal levels. He has also been an affordable housing developer (nonprofit and for profit) for over 15 years, a community development lender with a major bank, and a leader within a community development financial institution (CDFI). • Mitch Wippern (Senior Principle, Homelessness Lead): led the redesign and implementation of Napa's supportive housing and homeless services system, transforming it from an isolated, high -barrier, low -performing system to an integrated, low -barrier, high -performing system. Mr. Wippern also wrote and led the implementation of Napa's Whole Person Care Pilot and helped to develop Napa County's No Place Like Home application. Our vast • Helmi Hisserich (Senior Principal): served as Deputy Mayor of Housing and Economic Development and subsequently as Director of Housing Strategies experience informs and Services with the City of Los Angeles for nearly 20 years, where she our understanding has led the development of over 5,000 affordable homes, forged a Housing of the specific for Health partnership with the L.A. County Health department, worked details within the extensively in homeownership programs, and developed and implemented scope components numerous innovative financing and policy programs. • Gabriel Speyer (Senior Principal): brings five years of community based affordable housing development experience with a deep understanding of competitive finance programs and strategies for improving development outcomes. Prior to being a developer, he was a community development lender with Bank of America for over 10 years and brings strong financial underwriting and risk assessment skills to his work. • Farzad Mashhood (Associate): a planner by training, Farzad brings a strong background and understanding of land use strategies for increasing and accelerating housing options in California communities. He is expert on current policy and legislative proposals for improving housing affordability. • Stefan Gonzalez (Associate): brings practical experience in the delivery of programs to support people experiencing homelessness. His has developed and managed these programs in ways that elevate racial equity and housing justice. This collective experience of our team is critical to effectively implementing a comprehensive approach to affordable housing and homeless services programs within the City of Palm Springs. Our vast experience informs our understanding of the specific details within the scope components, but also where and how they fit together to achieve an integrated whole. Prepared ty LeSar Deve?oprnent Consu ;ants for the City •-ot P-Im Springs 23 LF51 Page 61 of 82 lt-OLM,M In Appendix A, we have included excerpts for the following work product samples as well as links to the full documents: 1. County of San Diego Consolidated Plan 2. San Bernardino Affordable Housing Pipeline Assessment Presentation 3. County of Riverside Continuum of Care Board of Governance Strategic Plan 4. City of Riverside Housing First Strategy Prepared by'LeSir Deoe?oprnent Cons dtants for t`:e C=ty of P t:n Springs 24 ON Page 62 of 82 C1. Previous Experience with Public outreach LDC's experience facilitating the development of consensus -based solutions through community engagement is grounded in research on best practices and the unique needs of the region or community of focus. We share our data, knowledge of best practices, and key findings from community engagement processes with key stakeholders during interviews, listening sessions, and community forums. This process allows LDC to ground truth the data in a local context that captures feedback from diverse perspectives ranging from elected officials and agency staff to developers and financial institutions, nonprofit service providers, and community groups, including those with lived experience of housing instability, homelessness, and housing as a bridge to intergenerational wealth building and economic prosperity. In 2018, LDC led development of homelessness plans for 20 cities in Los Angeles County, including 17 cities in the San Gabriel Valley as well as the Cities of Norwalk, Burbank, and Culver City. During this planning process, LDC conducted nearly 100 public meetings and education sessions with city councils, commissions, and committees. Our team engaged members of the public and city officials in a variety of discussion and planning activities, including Q&A and visioning sessions, small -group breakouts with report - backs, and dotvoting as part of priority -setting. LDC also created community toolkits and other educational materials that could be distributed in hard copy and digitally. LDC also supported the City of Pomona in facilitating a lived experience summit to gain insights from people experiencing homelessness as part of the City's efforts to enhance its homelessness response. Also in 2018, the Borrego Water District engaged LDC to assist with identifying the needs of Borrego's community throughout the Groundwater Sustainability Plan (GSP) development process. The GSP is a state mandate to reduce groundwater use by 75 % across agricultural, recreational, and municipal sectors by 2040. Primary goals of LDC's scope were to identify and engage disadvantaged community members whose participation in the outreach process had thus far been limited (e.g., due to cultural, economic, digital, or literacy/linguistic barriers) and to assess the socioeconomic conditions in the area as they relate to water quality, accessibility, and affordability. Over the course of 18 months, LDC implemented a stakeholder engagement strategy that both educated the community and solicited informed feedback about the GSP. The information gleaned from LDC's analysis of existing data, surveys of residents and businesses, social media and door-to-door education and engagement, and community input sessions informed development of the draft plan. LDC's outreach efforts established strong communication channels that will facilitate education and dialogue throughout sustainability plan implementation. Last year, LDC engaged completed a regionwide planning process to provide the County of Santa Barbara, the region's Continuum of Care (CoC), and affiliated municipal jurisdictions with a regional roadmap and structure to implement the Community Action Plan to Address Homelessness in Santa Barbara County and also completed both the City of San Diego and the County of San Diego's 2020- 2024 Consolidated Plans and Fiscal Year 2020 Action Plans. These planning processes included extensive stakeholder engagement, which was conducted as a mixture of virtual public meetings, in -person workshops, and online surveys. LDC is presently leading statewide outreach efforts for the California Department of Housing and Community Development's homeowner disaster recovery program, the ReCoverCA.Owner-Occupied Rehabilitation and Reconstruction (OOR) program. To date, all outreach with wildfire -affected communities has taken place through virtual meetings, social media, online surveys, and word-of-mouth marketing strategies such as community toolkits and strategic ad placements in affected areas. LDC participates in weekly meetings with HCD OOR program leadership and provides regular updates on progress across outreach activities. When pandemic restrictions ease, the LDC team will begin in -person outreach in affected areas as well. Preps:�d try LeSnr sieve€epm=nt Co,u't„nts fr:r the City of pnlm Spr nys 2.5 M Page 63 of 82 Benita DeFrank, Pomona Neighborhood Services Director City of Pomona (909) 620-2094 benita_defrank@ci.pomona.ca.us .............. Award and Completion Dates: November 2020-April 2021 Project Description: LDC is producing a customized course that blends elements of its Housing Policy Leadership Academy with content focused on specific prohousing policies that support the planning, approval, and construction of housing. 2. Robert McKinnon, California DGS Assistant Branch Chief, Asset Management Branch Real Estate Services Division, Department of General Services (916) 376-1814 robert.mckinnon@dgs.ca.gov Award and Completion Dates: November 2020-November 2023 Project Description: The State of California selected LDC to serve as its consultant working in partnership with the Department of General Services and the Department of Housing and Community Development to enact and implement the Governor's executive order to convert excess State-owned properties into affordable housing. The multiyear engagement includes enacting and documenting the program, prioritizing properties In the portfolio, detailed assessments of site feasibility, and helping manage solicitation, disposition, and negotiations with developers. LDC will provide critical expertise in affordable housing development, finance, and innovation to expedite production and maximize impact of State resources. The program seeks to create over 4,000 units of affordable housing statewide. 3. Matt Lust Manager, Affordable Housing Finance Los Angeles County Development Authority (626) 262-4511 matt,lust@lacda,org Award and Completion Dates: 2007-Present Project Description: LDC has been an ongoing underwriter of the competitive applications submitted under the Notice of Funding Availability (NOFA) process since 2008. LDC also provides LACDA staff with technical advisory services and recently advised LACDA on Project Homekey strategies, site acquisition challenges, and rental subsidy voucher strategies. 4. Suket Dayai Executive Vice President, Business Administration (Housing) San Diego Housing Commission (619) 578-7608 SLiketd@sdhc.org and Completion Dates: August 2019-August 2020 Project Description: On behalf of the San Diego Housing Commission, LDC developed and proposed a pilot program structure that would result in a middle -income housing strategy that unlocks potential missing middle housing production given the right policies and financing tools. To do so, LDC examined domestic and international models for producing middle -income housing, factored in existing land use and housing policies in the region and city, surveyed what financial resources could be committed to constructing middle -income housing, and leveraged our team's deep expertise in housing policy, development, and finance. Prepared ty LrSar Dew.-�eprnent Consu- ants fnr t h e C:-t} of Paim Springs 26 Page 64 of 82 5. Lisa Jones Executive Vice President, Strategic Initiatives (Homelessness) San Diego Housing Commission 619)578-7696 lisaj@sdlic.org Award and Completion Dates: September 2018-Present Project Description: LDC has provided ongoing homelessness consultation services to the San Diego Housing Commission, which serves as the public housing authority and administers and oversees homelessness assistance programs for the City of San Diego. LDC provides strategic counsel to SDHC on addressing homelessness and technical assistance on specific activities, including improving street outreach services, program design for a problem -solving fund, youth host home development, and the design of a shallow rent subsidy pool. 6. Tanya Torno Deputy Director County of Riverside Continuum of Care (951) 343-5421 ttorno@rivco.org Award and Completion Dates: November 2019-Present Project Description: In Phase I LDC developed and implemented a strategic planning process to provide the Board of Governance (BoG) for Riverside County and the Continuum of Care (CoQ with a roadmap and organizational structure. In Phase II LDC was asked to perform a needs and gap analysis for the Continuum of Care, develop a Strategic Homeless Action plan and develop an implementation plan for the Board of Governance Strategic plan developed in Phase I. This work will start in February 2021. 7. Andre Simpson Chief Operations Officer Veterans Village of San Diego 619-393-2000 andre.si m psonC.rvvsd,net Award and Completion Dates: February -November 2020 Project Description: Under contract with the San Diego Housing Commission, LDC was hired to staff and analyze barriers in Veterans Village of San Diego's (VVSD's) performance serving local veterans. LDC staff acted as a Temporary Chief Program Officer (TCPO) and worked with VVSD staff and leadership as well as the Continuum of Care and the Housing Commission to review policies, practices, and outcomes. The TCPO offered and helped to implement structural and programmatic changes to help the organization meet service goals. Prepared by LrS3r Deurlepment Can u'vints fcr tie City of P^ m Springs 27 Lr51 Page 65 of 82 APPENDIX A: Excerpts of Work Samples Cover pages for work samples listed below are provided on the following pages. Each titie listed below Is also hyperlinked to a copy of the full document. 1. County of San Diego Corssoli.dated Plan 2. San Bernardino Affordable Housing Pipeline Assessment Presentation 3. County of Riverside Continuum, of Care Board of Governance Strategic Plan 4. City of Riverside Housing First Strategy Prepa:ad by LeSar Consu'*ants for lie City cf P-.Iln Spnags zs LF51 Page 66 of 82 :,;r -,: ®H"A_A C'OUNI TY OF SAN DIEGO CONSORT11 Ivt 2020 D -2024 CONSOLIDATED PLAN AN 202t1-2021 ANN TUAL PLAN Riverside Continuum of Care Board of Governance Strategic Plan 5.by.,— LFBI LESAR Prepared by LeSar DevP:opanent Conwiltants for the City of P Im $pr;ngs Housing First strategy 31 A Road Map to Create, Imple...4 and Operate a Housing First Approach in the City of Riverside My C-0M,WPTwNaY.n hq, io's e.•wwey: LESAR nNr. �M� • • JENEItlFlriCv' 24 flIp Page 67 of 82 ATTACHMENT "A" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* REQUESTS FOR STATEMENTS OF QUALIFICATIONS (SOQ) #04-21 HOUSING CONSULTANT SERVICES SIGNATURE AUTHORIZATION NAME OF COMPANY (PROPOSER): LeSar Development Consultants BUSINESS ADDRESS: 404 Euclid Avenue, Suite 212, San Diego, CA 92114 TELEPHONE: 619-236-0612 CELL PHONE NSA FAX619-236-0613 CONTACTPERSON Jennifer LeSar EMAIL ADDRESS ops@lesardevelopment.com A. I hereby certify that I have the authority to submit this Submittal to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my submittal. Jennifer LeSar, President and CEO PRIN,TED NAME AND TI RE AND DATE B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate: 2. If successful, the contract language should refer to me/my company as: An individual; A partnership, Partners' names: A company; x A corporation If a corporation, organized in the state of: California My tax identification number is: 20-3468767 ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this SOQ is required by including the acknowledgment with your submittal. Failure to acknowledge the Addenda issued may result in your submittal being deemed non -responsive. In the space provided below, please acknowledge receipt of each Addenda: Addendum(s) # 1 is/are hereby acknowledged. Page 13 of 46 ATTACHMENT "B" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND NOTARIZED AND SUBMITTED WITH BID STATE OF CALIFORNIA) ss COUNTY OF RIVERSIDE) The undersigned, being first duly sworn, deposes and says that he or she is the President and CEO of LeSar Development Consultants .the party making the foregoing Submittal. That the Submittal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Submittal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Submittal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Submittal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Submittal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Submittal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Submittal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Submittal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Submittal depository, or any other member or agent thereof to effectuate a collusive or sham Submittal. Bv: _o'l" U V_ Title: President and CEO Subscribed and sworn to before me this day of 2021. Page 14 of 46 ATTACHMENT "D" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1)* CITY OF PALM SPRINGS, CA CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Consultant enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a "prohibited basis"). Consultant shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City's lawful capacity to enter this Agreement, and in executing this Agreement, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting. NAME OF CONSULTANTNENDOR: LeSar Development Consultants NAME and TITLE of Authorized Representative: (Print) Jennifer LeSar, President and CEO Signature nd Date of Aut i Representative: (Sign) - (Date) 1/28/2021 C) Page 17 of 46 ATTACHMENT "E" 'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR QUALIFICATIONS SUBMITTAL (Envelope #1 r CITY OF PALM SPRINGS PUBLIC INTEGRITY DISCLOSURE (INSTRUCTIONS FOR APPLICANTS) Who Must File? Applicants that are NOT a natural person or group of natural people that will be identified on the application, and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions. Why Must I File? The City of Palm Springs Public Integrity Ordinance advances transparency in municipal govemment and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney. Note: A material financial relationship is a relationship between someone who is an owneNinvestor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following: (1) the owner/investor and the official have done business together during the year prior to the application, (2) the official has earned income from the owner/investor during the year prior to the filing of the application; (3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or (4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome. When Must I File? You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed. What Must I Disclose? Page 18 of 46 Prepared by _e ar Crepe cprrent Contuitarrm for the City cf P-i;y.. Springs 33 L�51 Page 71 of 82 A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.). Note. (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed). B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney. PENALTIES Falsification of information or failure to report information required to be reported may subject you to administrative action by the City. 'There are some additional supplementary instructions with an example following the form should you need further clarification. Page 19 of 46 prepared `y _eSZr Developrnent Cone iitants for the Gty cf Ps:;n Springs 34 OR Page 72 of 82 PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM 1. Name of Entity LeSar Development Consultants 2. Address of Entity (Principle Place of Business) 404 Euclid Avenue, Suite 212, San Diego, CA 92114 3. Local or California Address (if different than #2) N/A 4. State where Entity is Registered with Secretary of State California If other than California, is the Entity also registered in California? 0 Yes El No 5. Type of Entity ® Corporation ❑ Limited Liability Company ❑ Partnership ❑ Trust ❑ Other (please specify) 6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: if any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Jennifer LeSar ® Officer ® Director ❑ Member ❑ Manager [name] ❑ General Partner ❑ Limited Partner ❑ Other ❑ Officer ❑ Director ❑ Member ❑ Manager [name] ❑ General Partner ❑ Limited Partner ❑ Other ❑ Officer ❑ Director ❑ Member ❑ Manager [name] ❑ General Partner ❑ Limited Partner Other 20 Revised: 5/1/20 55575.18165\32900157.2 7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE JANE DOE 50016, ABC COMPANY, Inc. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] A. Jennifer LeSar 100%, LeSar Development Consultants [name of owner/investor] [percentage of beneficial interest in entity and name of entity] B. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] C. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] D. [name of owner/investor] [percentage of beneficial interest in entity and name of entity) E. [name of owner/investor] [percentage of beneficial interest in entity and name of entity] I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. Signat of Disclosing P , Printed Name, Title Date 1 /28/2021 Jennifer LeSar, President &CEO WIN 21 Revised: 511120 55575.18165\32900157.2 City of Palm Springs, CA. Business Disclosure Supplementary Instructions In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided. If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any. Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity). As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are: John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a Califomia limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each. The full business entity disclosure in this example would resemble the following: 1. Acme Brothers, Inc., a California corporation a. Officers: John Doe, Jill Doe, and Jay Doe b. Ownership: i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe iii. 25% Jill Doe 2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a Califomia corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation 3. Acme Brothers 2, Inc., a Califomia corporation a. Officers: George Doe, Bill Doe, and Jane Doe b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company 4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe b. Ownership: i. 50% 55525.18165\32900157.2 Revised: 511120 Prepared by Le5ar Consuitint, for the C'tycf Pnhr Springs 3� LF°b Page 75 of 82 051 LCS /� R DEVELOPMENT C j'-1 COIVSLJLTAh1TS SUBMITTAL DATE: February 9, 2021 RESPONSE TO NOTICE INVITING STATEMENTS OF QUALIFICATIONS FROM THE CITY OF PALM SPRINGS FOR Housing Consultant Services Cost / Rates r SOQ 04-21 Prepared by: LeSar Development Consultants www:le�arDevelopmen t.co m For all inquiries related to this proposal, please contact: CraigAdelman, Senior Principal LeSar Development Consultants 404 Euclid Ave. Suite 212, San Diego, CA 92114 Phone: 415-218-9455 Email: craig@lesardevelopmentcom Page 76 of 82 ATTACHMENT "C" *THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR COST SUBMITTAL (Envelope #2)* COST PROPOSAURATES STATEMENT OF QUALIFICATIONS (SOQ #04-21) HOUSING CONSULTANT SERVICES Responding to Statement of Qualifications SOQ 04-21 for providing a Housing Consultant Services, INVE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE HOURLY RATE: Craig Adelman, Senior Principal $ 280 Mitch Wippern, Senior Principal $ 280 Helmi Hisserich, Senior Principal $ 280 Gabriel Speyer, Senior Principal $ 280 Farzad Mashhood, Associate $ 140 Stefan Gonzalez, Associate $ 140 SUB CONSULTANT PERSONNEL CLASSIFICATIONITITLE: HOURLY RATE: Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost/Rates Page 15 of 46 Submittal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). REIMBURSABLE EXPENSE: Cost/Rate: Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost/Rates Submittal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: All Costs/Rates are to remain FIXED for the term of the agreement. NOTE: This page MUST be manually signed. Certified by: LeSar Development Consultants Firm Siqrh9tuteof Authorized Person Mfinifer LeSar Printed Name President and CEO 1/28/2021 Title Page 16 of 46 Date o� VAL,M sA4 City of Palm Springs Department of Procurement & Contracting V N MEMORANDUM C� U F00.N�r TO: LeSar Development Consultants FROM: Procurement & Contracting Manager DATE: March 24, 2021 SUBJECT: SOQ 04-21 Cost Proposal Negotiations The City solicited for proposals from qualified professional firms to provide the City with housing consultant services of which LeSar Development Consultants was ranked the highest firm for this process. This memorandum is to document our meeting held today for the cost proposal negotiations for LeSar Development Consultants. This memorandum has been agreed upon between the parties to manage the budget by leveraging strengths and efficiencies across the LeSar team in order to meetthe City's goals and outcomes moving forward. Additions and clarifications as follows: 1. LeSar Development Consultants would like to add Beatriz Stambuk-Torres and Stacy Calderon to the team as associates. Attached to this memo are their resumes and their hourly billing rates are $140 and $150 respectively. 2. Jennifer LeSar, who was not listed on the project team, will provide up to 20 hours ($6,000) of pro-bono service annually on the contract at no cost to the City. 3. LeSar Development Consultants will bill reimbursable expenses at cost and see opportunities to minimize travel costs by combining site visits with other LeSar activities. We propose establishing an initial annual reimbursable budget of $2,000. The above additions and clarifications are subject to the City Council review and approval. LeSar Development Consultants r Jennifer LeSar President and CEO City of Palm Springs Jay Vrata, Director Community & Economic Development Page 79 of 82 EXHIBIT "D" SCHEDULE OF COMPENSATION COST PROPOSAL/RATES STATEMENT OF QUALIFICATIONS (SOQ #04-21) HOUSING CONSULTANT SERVICES Responding to Statement of Qualifications SOQ 04-21 for providing a Housing Consultant Services, I/WE the undersigned will accept the following hourly rates and other costs as defined, for providing the services as defined within the Scope of Services: PRIME CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: Jennifer Lesar, President and CEO $ 20 hours Pro- Bono per year. Craig Adelman , Senior Principal $ 280.00 Mitch Wippern, Senior Principal $ 280.00 Helmi Hisserich, Senior Principal $ 280.00 Gabriel Speyer, Senior Principal $ 280.00 Farzad Mashhood, Associate $ 140.00 Stefan Gonzalez, Associate $ 140.00 Beatriz Stambuk-Torres, Associate $ 140.00 Stacy Calderon, Associate $ 150.00 SUB CONSULTANT PERSONNEL CLASSIFICATION/TITLE: HOURLY RATE: $ $ Reimbursable Expenses the City will be charged (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost/Rates Submittal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). Page 80 of 82 REIMBURSABLE EXPENSE: Cost/Rate: Reimbursable expenses at cost $ 2,000.00 proposed initial annual budget. $ Any other expenses, not otherwise defined above, that the City would be charged in the performance of the scope of services (if any) must be identified below: (note that consultants may not charge the city for any expenses that are not defined this Cost/Rates Submittal and included in the final Schedule of Compensation as mutually agreed to in the contract, if awarded*). OTHER EXPENSES: Cost/Rate: All Costs/Rates are to remain FIXED for the term of the agreement. Page 81 of 82 EXHIBIT "E" SCHEDULE OF PERFORMANCE Administration: The City estimates that the services will be required for approximately 4 YEARS. • Maintain agreement files and facilitate City obligations. • Ensure City obligations are met; monitor projects; maintain loan, grant, regulatory agreement, and DDA files. • Maintain and monitor awardee contracts and agreements for compliance; establish inventory of affordable units, affordability levels, and affordability expiration. • Assist in the development and coordination of the department budget; approve, track, and monitor expenditures as required. • Assist in the development and implementation of goals, objectives, policies, procedures, and work standards for the department; monitor revisions and implementation programs of City's adopted Housing Element. • Conduct a variety of operational studies and reports; recommend modifications to assigned programs, policies, and procedures as appropriate; prepare and create proposals, make presentations, prepare and present staff reports, policies, ordinances, and other necessary written and oral correspondence. • Create and maintain relevant portions of department website. • Participate in programs and initiatives as assigned; provide guidance on assigned programs; serve as staff on a variety of boards, commissions, and committees. • Respond to public inquiries and complaints in a courteous manner; provide information within the area of assignment; resolve complaints in an efficient and timely manner. • Perform other duties and responsibilities as required. Page 82 of 82