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HomeMy WebLinkAbout05882 - ROSENOW SPEVACEK GROUP INC PREPARATION OF 5 YR IMPLEMENTATION PLAN Page 1 of l Kathie Hart From: John Raymond Sent: July 05, 2011 4:49 PM To: Kathie Hart Subject: RE: A5882 - Rosenow Spevacek Group, Inc- Preparation of 5-year Implementation Plan The plan is complete. Okay to close. From: Kathie Hart Sent: Tuesday,July 05, 2011 4:33 PM To: John Raymond; Diana Shay Cc: Jay Thompson Subject: A5882 - Rosenow Spevacek Group, Inc - Preparation of 5-year Implementation Plan In reviewing this agreement, it expired Feb. 2010. Has this been completed? Ok to close? Thx! (� Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs,CA 92262 M (760)323-8206 1 A (760) 322-8332 M Kathie.Hart@Palm5pringsCA.gov Please note that City Hall is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time. 0 01 07/05/11 CONSULTING SERVICES AGREEMENT Rosenow Spevacek Group, lnc.-Preparation of 5 year Implementation Plan (2009-10through 2013-14) THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this 17 day of July, 2009, by and between the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic ("Agency"), and Rosenow Spevacek Group, Inc., a Redevelopment Planning Consultant ("Consultant"). RECITALS A. Agency requires the services of a Redevelopment Planning Consultant for assistance with the development and preparation of the Agency's 5 year Implementation Plan for the period 2009-10 through 2013-14 ("Project"). B. Consultant has submitted to Agency a proposal to provide redevelopment planning services to Agency pursuant to the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified to provide the necessary services to Agency for the Project and desires to provide such services. D. Agency desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, Agency agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the Agency as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scone of Services. In compliance with all terns and conditions of this Agreement, Consultant shall provide redevelopment planning services to Agency as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terns contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terns set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided by Consultant in accordance with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated thereunder. ] Revised:3 107 5076392 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be perfonmed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION. 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 schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit"A,"which total amount shall not exceed $22,500.00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to Agency in the form approved by Agency's finance director, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized services perfonmed. Agency shall pay Consultant for all expenses stated thereon, which are approved by Agency consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Chan%es. In the event any change or changes in the Scope of Services/Work is requested by Agency, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional 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; B. To provide for additional services not included in this Agreement or not customarily famished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriation_s. This Agreement is subject to and contingent upon funds being appropriated therefore by the Board of Directors of Agency for each fiscal year covered by the Agreement. if such appropriations are not made, this Agreement shall automatically tenninate without penalty to Agency. 9 Rovisad:3123l07 5076392 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit "A." The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten (10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain 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, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier tenninated in accordance with Section 9.5 of this Agreement, this Agreement shall continue in fall force and effect for a period of five months, commencing on August 1, 2009, and ending on December 31, 2010, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Jim Simon, Principal. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for Agency 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 hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the Executive Director, or his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by .Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for Agency to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of Agency. In addition, neither this 3 Revised:3123107 $076391 Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of Agency. 5.4 Independent Contractor_ Neither Agency nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of Agency and shall not be an employee of Agency and shall remain at all times as to Agency a wholly independent contractor with only such obligations as are consistent with that role; however, Agency shall have the light to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services set forth herein. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the Executive Director, the Agency shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Jim Simon Principal G. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit"B," which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless Agency, 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 Agency, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, which Claims arise out of or are related to Consultant's performance tinder this Agreement, but excluding such Claims arising from the negligence or willful misconduct of the Agency, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability hereunder- 4 Revised:3123107 507639.1 S. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and 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. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of Agency and shall be delivered to Agency upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights or ownership of the documents and materials hereunder_ Consultant may retain copies of such documents for its own use. Consultant shall have an wmrestricted right to use the concepts embodied therein_ 8.4 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. 8.5 Cost Records_ Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by Agency and copies thereof shall be promptly f imisbed to Agency upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. 5 Revised:3123107 507039.3 No consent or approval of Agency shall be deemed to waive or render unnecessary Agency's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.3 Ri2hts and Remedies are Cumulative. Except with respect to nights 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_ 9.4 Leeal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover darnages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the proposes of this Agreement. 9.5 Termination Prior to Expiration of Term. Agency reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that 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 Agency. Upon receipt of the notice of termination, Consultant shall innnediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to Agency. 10. AGENCY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION 10.1 Non-Liability of Agency Officers and Employees. No officer or employee of Agency shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by Agency or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terns of this Agreement. 10.2 Covenant Agrainst Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section- 6 Revised:3/2M7 507h39.? To Agency: City of Palm Springs Conuuunity Redevelopment Agency Attention: Executive Director and Assistant Secretary 3200 E. Tahquitz Canyon Way Pahn Springs, California 92262 To Consultant: Rosenow Spevacek Group, Inc. 309 West 41h Street Santa Ana, CA 92701-4502 Attention: Jim Simon, Principal 11.2 Inteirated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement_ 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by au instrument in writing. 11.4 Severabili . In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Authori . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. [SIGNATURE PAGE SEPARATELY ATTACHED] Revised:3/23/07 507639 IN WITNESS WHEREOF, the parties bave executed this Agreement as of the dates stated below. "AGENCY" City of Palm Springs Community Redevelopment Agency Date: �� B David Il. heady APPROVED BY E s° " TP!- r Executive Direc or \� Q, 1 00- APPROVED AS TO FORM: ATTEST By: Don A C. Holland, apes Thompson, Y - Age� cy Counsel Assistant Secretary - ✓ "CONSULTANT" Rosenow Spevacek Group, Inc. 1 r - Date: 09 By : J i Simon �] Princi al Date: (Jz Z V pal/ 6t*&r g Revised:3/23/07 5076392 tli , r .. + , � i ' � � ' •� ,.� `. . :'�(�i�� �l'. ...,�t,•.., CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia Ccunly of On l ,�uf� aL 24U04 before me, ID'afi y'� {- s2d:ti�'l�lr� , ��� hd`-V' E DLIIIOl E C./ •, Dam Hat¢msfft Nmomm nam Yw QuCT personally appeared C�b!Yl. �!� LbYZ 7 77 Na�nts]m aen�q who proved to a on fha basis of satisfactory evidence to be the persor Ewhose nam6njsqrk)subscribed to the within instrument and acknowledged to me that -he/she!ht,y ex cried the same in hismar aufhorized ROSA - ROMERO capadty(ies))and that bt(-higftW ha' gna uWon the CSA M.ilf ROME� instrumea the person(&),,) or the entity upon behalf of NO�rtAX-CuFOUTA N which the person()cTed,executed the Instrument. owa Cowry fly Comm Itv,A.s,sou 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature. vwcarmuryS lu 3ginaw�oq uny,ry ryem OPTIONAL Though fire Warmaoon below is not required by law.7t may proves VaW&S to persons;relying on ft document and could pr nl Imudulant remover and reairachmant of this form to another document Description of Attached Document Title orrypaof Document: Document Date: Number of Pages: Slgnar(s)Olhar Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name- Signers Name: 0 Individual ❑Indvidual © Corporate Officer—Tille(s): ❑Corporate Officer—Tide(s): ❑ Partner—❑Limited ❑General ❑Partner—❑Limited ❑General ❑ Attorney in Fact ❑Attorney in Fact 4 0' ❑ Trustee rap of Numb here ❑Trustee Top a ahumb hem ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other. ❑Other: Signer Is Representing: Signer Is Representing: azro7 Ma11wINwryA..od+rhn•mso o.soc�no.r�xaox.crmmann.en siataano¢.w„w.rrauwruern-ere lum r�mr nmtder.cellrollrxi�aas7aa�r g Revised:3123107 ]076in? I _....�"�._.. .. ;��. 4 � _ EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICESIWORK Including, Schedule of Fees And Schedule of Perfonnance 10 Rovised.3/23107 507639.2 R S G INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INC. T 714 5414588 309 WEST 4TH STREET F 714 S41117S SANTA ANA, CALIFORNIA E INFOLaxWESRSG.COM 92701 4502 WEFIRSO COM Via Electronic Mail July 15, 2009 Diana Shay, Redevelopment Coordinator PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY 3200 Tahquitz Canyon Way Palm Springs, CA 92262 PROPOSED WORK PROGRAM TO PREPARE FIVE YEAR IMPLEMENTATION PLAN FOR THE PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY Dear Ms. Shay. In response to your request, RSG is pleased to present this proposal to prepare the next Five Year Implementation Plan For the Merged Redevelopment Project Nos. 1 and 2. The Palm Springs Community Redevelopment Agency has a two redevelopment project areas that would be addressed separately in this implementation plan, prepared pursuant to Article 16.5 of the California Community Redevelopment Law. In addition to the five year implementation plan, the document would include the amended ten-year affordable housing compliance plan required by Section 33413(b)(4) of the Redevelopment Law. SCOPE OF SERVICES Since 1994, Redevelopment Law requires that all redevelopment agencies adopt a five year implementation plan, which incorporates a ten year housing plan that addresses production and replacement housing needs. These plans are not only used to guide future redevelopment and affordable housing activities, but also to measure past accomplishments and responsibilities and ensure compliance with certain statutory requirements. For example, failure to meet certain affordable housing production goals by the end of the preceding ten year housing compliance period triggers certain additional requirements after the planning period. The Agency's new implementation plan will cover the five year implementation plan period beginning in 2009-10 and ending in 2013-14, The new implementation plan will also update, as necessary, the current ten year housing compliance plan component, which was originally adopted in conjunction with the current implementation plan, and covers the 2004-05 through 2013-14 planning period. These documents will be updated to be consistent with current legal requirements, redevelopment policies and practices, and the plans and strategies envisioned for the future. REDEVELOPMENT PLANNING REAL ESTATE ECONOMICS HOUSING FINANCING REAL ESTATE ACGUSITION ECONOMIC OF,VELOP ENT GOVERNMENT- SERVICES Ms. Diana Shay, Redevelopment Coordinator PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY July 15, 2009 Page 2 Currently, RSG is advising our clients to separate out the Agency's housing compliance plan as a separate document rather than embedding it into the implementation plan as it is based on our 2007 draft. This enables the Agency to better track compliance with several Agency-wide requirements that have taken into effect recently. Accordingly, our approach here would be to prepare a single consolidated implementation plan for both merged Project Areas, and create an attached but separate housing compliance plan for the Agency. For the most part, we can achieve this with moving content around from out 2007 implementation plan and avoid significant costs for reworking the documents. Our scope of services includes the following activities to complete the new implementation plan.- Request for Information and Data Analysis, Because RSG prepared an update to the Agency's last implementation plan in 2007, RSG will partially base its housing analysis on the information contained within that document to avoid duplicating efforts and to control costs incurred by the Agency. Following a scoping meeting with staff, RSG would like to collect digital or hard copies of the following information necessary to supplement the information contained within the current implementation plan and complete this engagement: 1. Complete copies of the Agency's Annual Report to the Department of Housing and Community Development since 2006-07' 2, Updated inventory of affordable housing projects, including the following: a. Common name and address of project, including an indication as to which Project Area the project is located within, if applicable Initial b. Year built, substantially rehabilitated, or price restricted Rats Request c. Total units, and number of units by income category d. Number of units used to fulfill replacement obligations 3. Current Agency Budget and Work Program A. As applicable, projections of all new residential development and substantial rehabilitation within both Project Areas anticipated by year (if desired, RSG can provide worksheet to aid staff, and meet with Planning or Redevelopment staff to identify and complete the forecast) If these reports have been properly completed, we should have most if not all of the information we need to get started on the inventory of housing activities (production needs, fulfillment activities, expenditure of funds, etc.). However, as we find that often these items are lacking in appropriate detail, we may be going back to staff for additional details on affordable housing projects and programs. Furthermore, because the Agency's 2008-09 Annual Report to the Department of Housing and Community Development will not have been prepared by the time this engagement is underway, it will require that the Agency provide RSG with specific details on expenditures of housing and other locally controlled governmental funds, and housing production by affordability level during fiscal year 2008-09. Ms. Diana Shay, Redevelopment Coordinator PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY July 15, 2009 Page 3 5. Staff's list of known ongoing and/or proposed projects and programs, including the following (copies of pertinent staff reports can work well, as well as summary reports, or we can develop this list at our staff meeting): a. Name of Project/Program b. Narrative Description of Project/Program, including location, scale/size, and any housing units by income/household ranges targeted c. Total Agency estimated expenditures for the five year period (2009-10 through 2013-14 6. GIS files necessary to develop maps of the Project Areas for inclusion in the new implementation plan (optional, but recommended) 7. Description and graphics (photographs or renderings) of projects completed since 2006-07 for possible inclusion in the new implementation plan and/or final Agency presentation (optional, but recommended) Additional information may be necessary as the work proceeds, as the level of detail and quality of the data would need to be assessed upon receipt. RSG would work with appropriate staff to ensure the data collected is accurate and complete. • Review Implementation Plan Goals and Pertinent Redevelopment Policies. It is appropriate to compare these goals to the anticipated projects to ensure the projects are completely covered. We find, from community to community, redevelopment and affordable housing practices can vary, which affects how an implementation plan is prepared. For example, there are many opinions on how to best address the current income targeting requirement for non-senior households in light of changes to Redevelopment Law that look effect in 2006, We feel it is appropriate to discuss with staff any potentially discretionary policies or practices that may affect the plan so that we may efficiently and accurately produce a plan that meets both legal requirements and local practices. • Identify Potential Housing and Nonhousing Projects. Based upon a review of the Agency's redevelopment and housing goals and policies , collected data, and staff input, RSG would develop a description of each planned housing and nonhousing redevelopment project and program anticipated for the five-year planning period and identify how each project and program will address blight in the project area. • Develop/Update Affordable Housing Production and Fulfillment Statistics. RSG would compile tables and support analyses presenting the current status of the Agency's production needs, fulfillment activities, and an inventory of affordable housing projects (including name of project, duration of covenants, units restricted, and other information). RSG would also analyze the Agency's affordable housing expenditures and ascertain how fund expenditures to date compare to income targeting goals in the current planning period. These tables and analyses will be shared with staff for input and refinement prior to finalizing the new implementation plan. • Prepare Implementation Plan/Housing Compliance Plan. Once all of this data is compiled, RSG will prepare the implementation plan and, as appropriate, amend the Ms. Diana Shay, Redevelopment Coordinator PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY July 15, 2009 Page 4 ten year affordable housing compliance plan. Included in this activity are the following tasks: 1. Reviewing affordable housing goals, objectives, and programs contained in the City's Housing Element. 2. Using data collected from Agency staff, project revenues to fund affordable housing production for the ten-year planning period. 3. Describing implementation projects/programs and sites for housing development in sufficient detail to measure performance. • Preparation of the Implementation Plan/Compliance Plan. Within 60 days following receipt of all background information, RSG will circulate an administrative draft implementation plan and compliance plan to Agency staff. We would then arrange to meet with staff by telephone to go over format, content, and the ensuing public hearing process. Comments to the document would be incorporated into a final plan and distributed to staff, along with the requisite public hearing notice, staff report, and adoption resolution. Following completion of the final implementation plan, RSG would prepare a PowerPoint presentation and participate with staff on the public hearing presentation for the adoption process, if desired. RSG would be responsible for making any modifications to the document that may arise from these presentations. • Meeting Summary. Jim Simon, Principal for this engagement, would attend the following meetings. As necessary, support staff may also participate in such meetings StaffMeeting......................................................... 1 Agency Board Public Hearing-------------__............... 1 TOTAL MEETINGS...............................................2 COST ESTIMATE The total fee for RSG's services for this assignment is $22,500, to be charged on a time- and-materials basis in accordance with our December 20052 fee schedule, below- Principal / Director $ 175 Senior Associate $ 145 Associate `5 125 Senior Analyst S 100 Analyst $ 90 2 At the Agency's request for a 10 percent reduction in costs, RSG has used our rates from our December 2006 proposal for the 2007 implementation plan. These rates are approximately 10 percent lower than our current rates (which begin at S195 per hour). Ms. Diana Shay, Redevelopment Coordinator PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY July 15, 2009 Page 5 Research Assistant $ 80 Technician S 60 Clerical $ 50 Reimbursable Expenses Cost plus 10% It is the policy of RSG, not to charge clients for mileage (except direct costs related to blight field surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge. RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon In advance. Invoices identify tasks completed to date, hours expended, and the hourly rate. If our scope of services meets your expectations, we are ready to begin upon your authorization and receipt of an executed contract or purchase order. If you have any questions, please do not hesitate to contact me. Sincerely, ROSENOW SPEVACEK GROUP INC_ Jim Simon Principal Schedule of Actions Five Year Implementation Plan Palm Springs Community Redevelopment Agency Date Item Responsibility 7/15/2009 Authorization to Proceed Staff Initiate Data Collection 8/3/2009 Kickoff Meeting RSG, Staff 8/31Y2009 Complete Review of Housing Needs RSG Present Policy Recommendations to Staff 9/28/2009 Admin Draft Plan Delivered RSG 10/12/2009 Staff Comments Due on Admin Draft Staff 10/24/2009 Deliver Final Draft Plan and Notice 1 1/2120 0 9 Notice Posted & Published Staff 11/9/2009 Notice Posted & Published 11/15/2009 Notice Posted & Published Early 12/09 CRA Public Hearing & Approval RSG, Staff, Agency EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 1 Revised,3123107 507639 2 Insurance Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to the Agency, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in Cull force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days advance written notice to Agency of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the Agency, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by Agency prior to cormmencement of services. The procuring of such insurance and the delivery of politics, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify Agency, its elected officials, officers, agents, employees, and volunteers. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: I. Coinpreliensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate, and, 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the Agency's Request for Waiver of Workers' Compensation Insurance Requirement form. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects Agency and its respective elected officials, officers, employees, agents, and volunteers_ Any insurance or self-insurance maintained by Agency and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against Agency, its elected officials, officers, employees, agents, and volunteers. B. Errors and Omissions Coverage. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of i? Revised.3/23/07 $07639.2 the completion of Consultant's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier, or equivalent coverage with another company, in the amount required by this Agreement for at least three years after completion of Consultant's services under this Agreement. Consultant shall also be required to provide evidence to Agency of the purchase of the required tail insurance or continuation of the professional liability policy. C. Sufficiency of Insurers. Insurance required herein 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 V11, or better,unless otherwise acceptable to the Agency. D. Verification of Coverage_ Consultant shall Furnish Agency with both certificates of insurance and endorsements, including additional insured endorsements, effecting 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 received and approved by the Agency before work commences_ Agency 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 Fonn for the Community Redevelopment Agency of the City of Patin Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The Community Redevelopment Agency of the City of Palm Springs, its officials, employees, and agents are named as an additional insured for any and all work performed with the Agency." 2. "This insurance is primary and non-contributory over any insurance or self- insurance the Agency may have for any and all work performed with the Agency." 3. "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 snail 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. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of Agency, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the Community Redevelopment Agency of the City of Palm Springs shall be named the certificate holder on the policies. 13 Revisod:3r23r07 507639.1 All certificates of insurance and endorsements are to be received and approved by the Agency before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agentibroker 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. L. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Agency prior to commencing any work or services under this Agreement. At the option of the Agency, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Agency, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Consultant guarantees payment of all deductibles and self-insured retentions. F. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability_ 1q Revised.3123107 5076392