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HomeMy WebLinkAbout04208 - DAVID PAUL ROSEN MARKET ANALYSIS MO 6574 VALM S City of Palm Springs Office of the City Clerk (760) 323-8204 V N MEMORANDUM C441 FOAN�' Date: May 20, 2003 To: Community & Economic Development From: City Clerk AGREEMENT#4208 — David Rosen &Associates — Market Analysis Please let us know the status of the above agreement, and if it may be closed. Termination Date of Agreement: Terminated by City 02-01-01 STATUS: COMPLETED: r l REMAIN OPEN UNTIL: Date & Initials CLOSE AGR ignature PLEASE RETURN TO THE OFFICE OF THE CITY CLERK c-clk\fonns.std\agr-clse.mem David Paul Rosen &Assoc. Amend#1 to Contract Srv. Agr. Affordable Hsng Strategy(refA393Q AGREEMENT 44208 M06574, 2-16-00 FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT DAVID PAUL ROSEN&ASSOCIATES THIS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT(herein "Amendment") is made and entered into this day�f��( .'e .<. , 2000,by and between the PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY,(he` in"Agency") a public body, corporate and politic, the CITY OF PALM SPRINGS("herein"City")a municipal corporation, and DAVID PAUL ROSEN&ASSOCIATES (herein"Contractor")- The parties hereto agree to this First Amendment to the Contract Services Agreement,Agreement No.393C. Said agreement was approved by the Agency on July 28, 1999 by Resolution No. 1073. The Contractor,through Agreement No. 393C,provided a Market Analysis of Affordable Housing within the City of Palm Springs. As a follow-up to the Market Analysis,the parties agree to amend the following sections of the original contract: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Amendment,the Contractor shall provide those services specified in the"Amended Scope of Services"attached hereto as Exhibit"A"and incorporated herein by this reference,which services may be referred to herein as the "services"or"work"hereunder. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry,and all materials will be of good quality,fit for the purpose intended. 1.2 Contractor's Pro osal. The Amended Scope of Services shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Amendment,the terns of this Amendment shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Amendment,the Contractor shall be compensated in accordance with the"Amended Schedule of Compensation"attached hereto as Exhibit"E"and incorporated herein by this reference,but not exceeding the maximum amended contract amount of Ninety Nine Thousand Three IIundred Dollars($99,300.00)(herein"Amended Contract Sum"). The method of compensation may include: (i)a lump sum payment upon completion,(ii) payment in accordance with the percentage of completion of the services,(iii)payment for time and materials based upon the Contractor's rates as specified in the Amended Schedule of Compensation,but not exceeding the Amended Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. 3.0 PERFORMANCE SCHEDULE 3.1 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)established in the"Amended Schedule of Performance"attached hereto as Exhibit"C",if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s)specified in the Amended Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180)days cumulatively. 4.0 Coordination of Work 4.1 Prohibition A ainst Subconnactin or Assi ment. The experience,knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the 1 Agency to enter into this Agreement. It is understood that the Contractor will be working in conjunction with The Planning Center in order to complete some of the tasks described in the Amended Scope of Services. Therefore,aside from The Planning Center,Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the Agency. In addition, neither this Amendment nor any interest herein may be transferred,assigned, conveyed,hypothecated or encumbered voluntarily or by operation of law,whether for the benefit of crditors or otherwise,without the prior written approval of Agency. Transfers restricted hereunder 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 comrol of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved Transfer, including any barnavptcy proceeding,this Amendment shall be void No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of Agency. All other terms of the original Agreement shall remain the same unless amended. IN WITNESS WI•IEREOF,the parties have executed and entered into this Amended Agreement as of the date first written above. ATTEST: COMMUNITY REDEVELOPMENT AGENCY // CITY OF PALM 1PPRRIING1, CALIFORNIA G.� ✓i1 �� By. Assistant Secretary Executive Director AT CITY OF PALM-SPRINGS,CALIFORNIA —_ By: P � City Clerk City Manager APPROVED AS TO FORM: RUTAN&TUCKER VA VAA r.__i City A orn y CONTRACTOR: DAVID PAUL ROSEN&ASSOCIATES A, PROVED BY 7HE U Y CCIUNCIM By, _l L-7! IPlY R N, mc. )---Lv�"r3U[A Name: fuol7t d 17�1C✓ rir Title: � — C Address: 't'"I(3 k r _ dh Z�f�f Lr ir, a- Exhibit A Amended Scope of Services Task 1: Background Research/Project Initiation David Paul Rosen & Associates (DRA), in conjunction with The Planning Center (TPC), jointly referred to as the "Consultants", will complete the following scope of work. Initial organization of the work program is essential to assure that a process is established to provide close communication between DRA, TPC, City staff and, if necessary, legal counsel. During the project initiation phase the scope will be reviewed and fine-tuned by the City and the Consultants in order to complete the project in the most efficient and cost-effective manner. Task 1 Deliverables • List of data. • Kick-Off Meeting_ • Preliminary identification of key issues. • Housing Element format. Advisory Committee/Public Involvement Program In consultation with City staff, the Consultants will develop a program to promote public involvement and consensus building in the development of the Affordable Housing Strategy and Housing Element Update. The program will identify opportunities to solicit input, review, and participation from the public and concerned organizations throughout the process. Any special considerations will be reviewed with City staff during Task 1 and a framework for community involvement will be developed. The public involvement program will seek to provide: • Opportunities for community representatives and interests to participate in the process in a meaningful way. • Effective facilitation and consensus-building strategies to maximize the chances that the final Affordable Housing Strategy and Housing Element programs will be both legally adequate and politically acceptable. Some jurisdictions find impaneling a special Affordable Housing Advisory Committee a useful step in reaching consensus on the key program and policy elements central to both the Comprehensive Affordable Housing Strategy and Housing Element Such an Advisory Committee should be composed of representatives of key stakeholder groups in the community, including but not DRA Scope of Services February 23, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Clement Page 1 limited to the Chamber of Commerce, Tourism Council, apartment owners, social service providers, developers and operators of affordable rental housing, and others. Qualifications for representatives on the Advisory Committee should include recognized leadership within their respective constituent organizations as well as a willingness to work toward common goals for a sound affordable housing strategy responsive to needs in the City. ORA and TPC are highly experienced and skilled in working with such citizen advisory groups. We recommend that if this approach is used, the Advisory Committee be appointed by the City Council and charged with the responsibility of bringing forward a consensus recommendation for the Comprehensive Affordable Housing Strategy and the Housing Element to the Council for its consideration and adoption. The Consultants will work closely with City and Agency staff to provide the preparation, reports, presentations and meeting facilitation services required to assure the highest quality and impartial process and substance is provided to the Advisory Committee for its consideration. In addition to the Advisory Committee, the scope of services and budget includes two study sessions. The Consultants will coordinate and facilitate all public workshops in consultation with City staff, and will be responsible for developing agendas, workshop materials, and preparing meeting summaries. Task 2 Deliverables • Public Involvement Program for the Affordable Housing Strategy and the Housing Element Update. Task 3: Conduct Housing Affordability Gap Analysis The Consultants will analyze the "affordability gap" between the cost of building housing at various densities and the amount that households at different income levels and family sizes can afford to pay for housing based on a review of market and income data in Palm Springs, as well as our own considerable experience in Riverside County and throughout Southern California. The affordability gap analysis provides an understanding of the City's financial capacity to assist in the _ development and preservation of affordable housing under alternative targeting strategies, given its resources and market conditions. The Consultants will: 1. Define target income levels (three income levels); 2. Calculate maximum affordable monthly housing costs (renter and owner, by income level) DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 2 0 Define affordable housing expense (e.g. rent plus utilities for renters; mortgage principal and interest, taxes, insurance, and potentially homeowners association/maintenance costs for owners) 3. Develop housing prototypes Analyze up to three renter and three owner prototypes representing different types and densities of housing that could be developed or acquired and rehabilitated in Palm Springs. Development cost estimates will be prepared for the prototypes after compiling and reviewing housing development cost data (including land acquisition, construction, fees and soft costs) for Palm Springs, 4. Calculate the affordability gap between the amount households can afford to pay versus housing costs for each prototype; and, 5. Calculate subsidy needs for each prototype. Target income levels and prototypes will be selected in consultation with City staff and others as appropriate. We will use current Department of Housing and Urban Development (HUD) income limits and maximum affordable housing costs for renters and owners by family size and income level for the Riverside/San Bernardino MSA, consistent with Housing Element, Community Redevelopment and HUD law and regulation. Housing acquisition, rehabilitation and development costs will be estimated through analysis of market data, interviews with local housing developers in Palm Springs and neighboring communities. To the extent comparable market data on multi-family land costs are not available in Palm Springs, due to the lack of multi- family zoned sites, we will use market prices for land appropriately zoned in surrounding jurisdictions. The Consultants will review available data on market housing prices and rents from on-line computer services and local market sources. Task 3 Deliverables • Affordability Gap Analysis Report Task 4. Review Local Resources and Leverage Opportunities These activities will assure the Agency and City that its Comprehensive Affordable Housing Strategy appropriately responds to the housing needs, obligations, current and prospective revenue resources available for affordable housing, and current and proposed land use policies in Palm Springs. a. Local Resources DRA will review information provided by City staff on existing programs and current and projected resources for affordable housing from all resources, DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 3 including the Palm Springs Redevelopment Agency's Low and Moderate Income Housing Fund, Community Development Block Grant and HOME funds, City and Agency general funds and other local housing moneys. These will include funds from tax increment and tax allocation bond issues, as appropriate. b. Leverage Opportunities DRA will conduct a comprehensive review and description of currently available leverage opportunities for affordable housing subsidies from non- City sources. Leverage opportunities will be comprehensively surveyed among state, federal and private sector sources. This review will describe programs available to Palm Springs, associated program requirements, and remaining available funding levels. The following non-local sources will be among those analyzed: State Department of Housing and Community Development, California Housing Finance Agency, Federal and State Low Income Housing Tax Credits, tax-exempt mortgage revenue bonds, U.S. Department of Housing and Urban Development, community reinvestment loan commitments from private lenders and insurers, non-profit intermediaries and other private sector resources. DRA will assist the Agency and the City in identifying leverage opportunities consistent with the policy, program and project priorities in Palm Springs. Task 4 Deliverable • Report on local affordable housing resources and comprehensive review of current affordable housing assistance programs. Task 5: Housing Element Sections on Existing Conditions, Housing Needs, Constraints, Resources and Opportunities The purpose of this task is to develop drafts of the Existing Conditions, Housing Needs, Constraints, Resources and Opportunities sections of the Housing Element. The Consultants will use data on affordable housing needs, supply, and prices from the recently prepared Palm Springs Affordable Market Analysis, with additional focused research as required. The information will be compiled in a format consistent with the requirements of Government Code Section 65583 and the City's General Plan. An analysis of potential and actual governmental and non-governmental constraints to the maintenance, improvement and development of housing will be prepared. A key component of this review will be the availability of land suitable for development of affordable housing. The requirement for demonstrating sufficient sites to accommodate future housing needs is a key issue in the preparation of the Housing Element. It will also be critical to developing the programs and policies of the Housing Strategy affecting the location of new affordable housing development. DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 4 0 0 This analysis will include the relationship of zoning and public facilities and services to sites suitable for residential development. Map exhibits will be prepared showing the location of available sites. The potential number of housing units that could be developed on the sites listed in the inventory will be calculated and compared to the City's future needs (RHNA) to determine the adequacy of available sites. The results of this evaluation will be used in refining the policies, programs and quantified objectives of the Housing Strategy and Element. The Consultants will integrate the results into a digitized ARC-View base map to be provided by the City. A hard copy of the maps will also be provided to the City. This task will also include an analysis of opportunities for energy conservation. The Consultants will review the City's existing Housing Element and evaluate the progress in implementing the adopted housing programs and meeting identified goals of the current housing element. This review must include an analysis of the effectiveness and appropriateness of the goals, policies and objectives in contributing to the attainment of the state housing goal. In addition, the current housing programs must be evaluated for their effectiveness in addressing the issues identified in the housing conditions survey. The following specific program areas will be included In the analysis: • Conserving, maintaining and improving the existing housing stock; • Assisting in the development of housing for low- and moderate-income households; • Removing the impediments posed by identified local governmental constraints; and ■ Providing equal housing opportunities for all income groups. In conducting this analysis, it is assumed that the City will provide information on the resources allocated to housing programs since the last Housing Element was adopted. A Technical Report will be prepared documenting the findings from the review of the existing Housing Element. This report will be used to address legal requirements and to guide the refinement of goals, objectives and programs in the revised element, and the development of new programs. Task 5 Deliverables • Working Drafts of the Housing Element sections addressing Existing Conditions, Housing Needs, Constraints, Resources and Opportunities. • Technical Report summarizing review of existing Housing Element DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 5 ! i Task 6: Develop Housing Policies and Priorities The strategy must be informed by policies, which provide clear guidance for the targeting of limited City, Agency and leveraged resources. The Consultants will clarify and recommend options and modifications to current City and Agency priorities, goals and policies. Policy guidelines may include but will not be limited to such issues as income targeting, housing type and tenure, deflnilion of affordable housing expense, mix of unit sizes, compliance with state and federal legal requirements, affordability term, location, public/private partnerships and other factors. The Consultants will distinguish between the City's obligations under Housing Element Law and the Agency's obligations under Community Redevelopment Law. We will work with the Agency and City's legal counsel to address consistency of the recommended priorities, goals and policies with relevant legal requirements including the Redevelopment Agency's Low and Moderate Income Housing Fund, replacement housing and inclusionary housing obligations within the City's Redevelopment Project Areas. We will review restrictions pertaining to lax-exempt and taxable bonds financed using Agency Housing Set-Aside revenues, if any. We will also address the City's and Agency's obligations to provide state relocation benefits to eligible lower income displacees. Task 6 Deliverables • Statement of housing goals and policies for the Affordable Housing Strategy and Housing Element Task 7: Identify Program and Project Opportunities The Consultants will review available program and project opportunities in Palm Springs and will provide recommendations for a variety of programs and policies consistent with Palm Springs' housing needs and resources. Program elements to be considered may include the following, as well as others: • New affordable housing construction; • Acquisition of existing housing; • Preservation of existing affordable housing at-risk of conversion to market rate; • Syndications using Federal and State Low Income Housing and Federal Historic Rehabilitation Tax Credits; • Negotiations with developers for inclusionary components to overall development plans; DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 6 • • Housing rehabilitation grants or loans; • Ventures with non-profit housing development corporations; • Mortgage "buy-down" and "second loan" programs to assist qualified home purchasers in obtaining financing for the acquisition of housing units; • Emergency relief to prevent foreclosures and rental evictions; • Community lending partnerships with financial institutions under the Community Reinvestment Act (CRA) and initiatives such as the California Organized Investment Network (COIN). The Consultants will design program elements so that they are consistent with the City's affordable housing needs, fulfill the City's and Agency's housing obligations, feasible within the City's current and potential financial resources, and meet community objectives and priorities. Task 7 Deliverables • Program element section of Affordable Housing Strategy Task 8: Prepare Five-Year Capital Plan and Quantified Objectives Once the housing assistance policies described above are established, housing assistance goals specifying the number of households to be assisted by tenure, family income, family size and special needs populations will be established. These will describe achievable objectives over the five-year implementation plan required under AS 1290 (Health and Safety Code Section 33490) and Housing Element law. The Consultants will detail the affordable housing capital requirements needed to achieve these assistance goals. These capital requirements will be categorized by: • Subsidy capital; • Debt capital; • Equity capital. The Comprehensive Affordable Housing Strategy will provide concrete, achievable housing goals to be incorporated in the Housing Element and AS 1290 Implementation Plan. The Consultants will review and advise the Agency on the AS 1290 Implementation Plan documents as desired. DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 7 Task 8 Deliverables: • Five-year capital plan section of the Affordable Housing Strategy • Quantified objectives section of the Housing Element • Summary matrix identifying each housing program, its intent and quantified objective, funding source(s), responsible agency, and timeframe for implementation for incorporation into the Housing Element Task 9: Prepare Comprehensive Housing Strategy Document The Consultants will prepare written work products for each of the tasks, as noted above. After incorporation of staff comments and revisions, these reports will become chapters of the Housing Strategy document. The Consultants will prepare a draft Comprehensive Housing Strategy documents for review by staff and the Advisory Committee (if used), the Planning Commission and City Council. Task 9 Deliverables: • Draft Affordable Housing Strategy document Task 10: Preparation of Draft Housing Element Document A comprehensive Screencheck Housing Element will be prepared for staff review prior to the public review process. The Screencheck document will be based on all information developed through the scope of work and will include all issues, opportunities, constraints, assumptions, analysis, goals, policies, data and mapping. The Element will comply with all applicable state provisions regarding the content, methodology and processing of housing element updates. As this Update constitutes a General Plan Amendment, the format will be consistent with the City's General Plan. The completed Screencheck will be submitted to the City staff for distribution to appropriate departments and decision-makers for review and proofing. It is requested that the City provide a single set of consolidated comments on the Screencheck for streamlining the revision and editing process. All City departments, including the City Counsel, should review the Screencheck at this point. Three (3) rounds of revisions to the Screencheck will be made, and a Draft document prepared for distribution during the study session portion of the project. The Consultants will conduct a study session for the Planning Commission and City Council on the Draft Affordable Housing Strategy and Housing Clement documents. DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 8 0 • Task 10 Deliverables: • Screencheck Document, including all appendices, reports, etc. (one (1) reproducible and ten (10) copies). • Ten (10) copies of the revised Draft document will be provided to reflect all comments. • Errata sheet documenting input from study session. Task 11: Environmental Assessment Concurrent with the preparation of the Housing Element, the Consultants will conduct an environmental analysis of the project. It is assumed that this analysis will justify the adoption of an Initial Study/Mitigated Negative Declaration. The Mitigated Negative Declaration will include an Initial Study which will contain the required elements, including: a description of the project; its location; a comprehensive environmental checklist; information concerning the project's environmental effects; suggested means for mitigating the significant effects; and a review of the project's consistency with existing plans and land use controls. The sources of information used in the Initial Study will be cited. All environmental topics will be reviewed in the checklist. The checklist will be followed with a review of the potential impact, an explanation for the determination and recommended mitigation. Following review and comment by the City, modifications will be made to the Screencheck Initial Study. Assuming -there are no impacts which cannot be mitigated to a level of insignificance, a Screencheck Mitigated Negative Declaration will be prepared and transmitted to the City for review. Comments from the City will be incorporated and a Draft Negative Declaration and Mitigation Monitoring Program prepared. The Draft Negative Declaration will be sent to the State Clearinghouse for distribution for 30 day review. NOTE: This proposal includes a scope of work and associated fee for preparation of an initial study and Negative Declaration. If an environmental impact report is required, the City shall be notified at the time of determination and appropriate action taken. Task 11 Deliverables • Screencheck Initial Study (1) reproducible and ten (10) copies. • Draft Initial Study and Environmental Assessment (one (1) reproducible copy). • Draft Negative Declaration (one (1) reproducible copy). • Draft Mitigation Monitoring Program (if applicable) (one (1) reproducible copy). DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 9 Task 12. Housing Element Revisions and HCD Review The Consultants shall incorporate all changes based on comments received through the review process into a Draft Final copy for submittal to HCD_ A camera ready copy of the Draft Final document will be provided to the City for transmission to state HCD for review and comment. Upon receipt of the HCD review response, the Consultants will work with the City at a Staff Meeting to meet the concerns of HCD to demonstrate compliance with legislative requirements. Any comments of substantive nature, which would require change in policy direction or other action by the City Council, will be identified for consideration by the Council. A follow-up conference call with HCD, or other appropriate forms of communication, will be made to ascertain satisfaction of their concerns prior to adoption of the Element. Once revisions and modifications are made subsequent to HCD review and comment, a Final Draft General Plan Amendment for the Housing Element Update and associated environmental and processing documentation will be prepared for the Planning Commission and City Council study sessions and subsequent Public Hearing process. The Consultants will attend one Planning Commission hearing on the General Plan Amendment for the Housing Element Update and associated environmental documentation (see Task 10 for description of final environmental documents). It is recommended that any identified edits and/or modifications to the documents resulting from the Redevelopment and the Planning Commission hearing be documented in the form of an Errata Sheet, specifying the page number, paragraph and line of the revision, as well as the specific language added, deleted or modified. The Consultants will participate in one City Council hearing related to the approval of the Housing Element and environmental documentation, based on recommendations from the Planning Commission and documentation of proposed revisions in the farm of Errata Sheets from the hearings. The Council can then approve, modify or delete any recommended changes to the documents highlighted in the Errata Sheets, as well as any new editorial actions. The Errata Sheet will be edited following the first Council hearing to incorporate all recommended actions to be brought to the final Council hearing. Following the Public Hearings, a Final Housing Element will be prepared. Task 12 Deliverables: • Study session: Joint Planning Commission, and City Council. • Draft Final Housing Element document (one (1) reproducible for HCD and ten (10) copies). DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 10 i • • Revised Draft Final Housing Element document (responding to HCD comments) (ten (10) copies, one (1) reproducible copy and computer disk). • One (1) Planning Commission and one (1) City Council hearing. • Errata sheets following each public hearing. • Final Comprehensive Affordable Housing Strategy and Housing Element documents (one (1) reproducible copy, as well as a file on computer disk that is compatible with the City's software). Task 13: Preparation of Final Negative Declaration Following the 30 day review (which will occur concurrently with HCD review of the Housing Element), a Response to Comments (if warranted) will be prepared, constituting the Final Mitigated Negative Declaration. A Mitigation Monitoring program with appropriate mitigation measures will accompany the Final Mitigated Negative Declaration. This documentation will be brought to the Planning Commission and City Council for review and adoption. The Consultants will finalize the environmental documentation and Mitigation Monitoring Program and file the Notice of Determination (NOD) with the County following adoption of the Housing Element Update by the City Council. Task 13 Deliverables: • Final Negative Declaration and Mitigation Monitoring Program (one (1) reproducible copy and computer disk). • Notice of Determination. Task 14: Implementation and Monitoring Program The Planning Center will prepare a report for recommendations on how to implement and monitor the Housing Element over the next 5 years. Task 14 Deliverables: Housing Element Implementation and Monitoring Report (one (1) reproducible copy and computer disk). Meetings and Presentations The Consultants will be present at meetings as required by research and program development, and as desired and requested by City/Agency staff. Meetings will be paid on a time and expense basis according to the attached fee and expense reimbursement schedule, allowing for on-site and preparation time, and the DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 11 following reimbursable expenses, as needed: coach round-trip air travel, lodging, meals, ground transportation and parking expenses. The maximum meeting budget in the fee schedule will not be exceeded without prior authorization of the Agency or City. This budget line item allows for preparation of presentation materials, travel and on-site time with City staff and officials. The meetings and presentations budget is presented in two alternatives; with an Advisory Committee, and without an Advisory Committee, in Attachment 1: Palm Springs 2000 Affordable Housing Strategy Recommended Process and Schedule. DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 12 Exhibit B Amended Schedule of Compensation The not-to-exceed maximum price for preparation of the above scope of services is $99,300. The Consultants will bill on a percent completion basis for Tasks 1 through 13. Production, meetings and reimbursable expenses will be billed on a time and expense basis. In no event will the contract maximum be exceeded without the mutual written consent of the City and the Consultant. Billing rates for. professional fees and expense reimbursement will be per the attached 2000 fee and expense reimbursement schedule (Attachment 2). The following is an estimated breakdown of costs, and fixed price, by task. 1. Project Initiation/Kick-Off Meeting $ 2,900 2. Public Involvement Program 1,200 3. Housing Affordability Gap Analysis 7,500 4a. Local Resources 3,500 4b. Leverage Opportunities 8,500 5. Housing Element Sections on Existing Conditions, Housing Needs, Constraints, Resources and Opportunities 3,000 6. Housing Policies and Priorities 6,500 7. Program and Project Opportunities 7,000 8. Five Year Capital Plan and Quantified Objectives 12,000 9. Affordable Housing Strategy Document 5,000 10. Draft Housing Element 5,900 11, Environmental Assessment 4,100 12. HCD Review and Final Housing Element 3,000 13. Final Negative Declaration 700 14. Housing Element Implementation and Monitoring Report 1,000 Production and Reimbursable Expenses 5,700 Subtotal: $77,500 Meetings' • (charged on a time and expense basis up to a maximum budget, without Advisory Committee): $17,800 • (charged on a time and expense basis up to a maximum budget, with Advisory Committee): $21,800 Includes progress meetings with staff, two study sessions with the City Council and/or Planning Commission, and two public hearings for the Housing Element, with or without Advisory Committee meetings as noted. Kick-off meeting budget is included in Task 1. Calendar Year 2000 Attachment 1 To Exhibit B David Paul Rosen & Associates Professional Fee and Expense Reimbursement Schedule The following fee schedule represents fees and reimbursable expenses for 2000. Hourly Rate for 2000 Principal 1 $ 165.00 Principal II $ 155.00 Senior Economist $ 140.00 Associate $ 130.00 Research Associate 1 $ 122.00 Research Associate II $ 90.00 Data Entry, Word Processing, $ 50.00 Administrative Assistance and Accounting The following costs are reimbursable expenses with supporting receipts: • mileage at $0.26 cents per mile • round-trip coach airfare as mutually agreed to by client and consultant • economy rental car as needed • hotel and meals as needed • long distance telephone, Federal Express and FAX services • copying and production charges • supplies as required for deliverables A 1 .75% per month surcharge will be added to any invoice which is unpaid thirty days after the original date of the invoice. DRA may increase its Professional Fees once each calendar year, and will notify its clients of any change. Attachment 2 To Exhibit 6 The Planning Center Professional Fee and Expense Reimbursement Schedule Staff abbreviations for above budget table are as follows, SDS= Susan DeSantis, Project Director/Manager p13= David 8arquist, Element SPT Word Processing, Preparation Technical support JD= John Douglas,Technical Advisor/Environmental DZ= Demitrius Zeigler, Policy Documentation Planner REIMRURSABUS AND DIRECT EXPENSES Mileage $30 Mailing/Delivery S100 Gra hics/CAD/GIS $500 Printing© $15/Copy $1,050 Screencheck Element(10) Screencheck Initial Stud (10)[0)reproducible copy] Draft Element(10) Draft initial Study and FA(7)rc roducible copy Draft Final Element(10)((1)reproducible copy] Draft Negative Declaration (1)reproducible copy Revised Draft Final Document(10)JU)reproducible copyj Final Element f(I)re roducible copy, (1)disk] Draft Final Initial Study/ND(10)(0)reproducible copy] Oran Miti anon Monitorin Program(1)re roducible copy Revised Drag Final Document Res onse to Comments/Einal Initial Stud IND(10) TOTAL 57 680 Printing, telephone, facsimile and similar costs are invoiced at our costs plus 15%. Mileage charges are $.31 per mile. This Schedule is effective through December 31, 2000. NOTES: The Planning Center will work as an extension of staff, and will handle all notices, mailings, copying and minutes of staff meetings and community workshops. Preparation of agendas, workshop materials, PowerPoint presentations and presentation boards will be the responsibility of The Planning Center, Attachment 2 To Exhibit 6 The Planning Center Professional fee and Expense Reimbursement Schedule Page 2 Fee Schedule Standard Fee Schedule THE PLANNING CENTER as of January 1, 2000 Staff level Hourly Rate Principal $135 - 150 Computer S ecialist $700 Senior Project Manager $85-$135 Project Manager $65-S125 Senior Planner $70-$95 Assistant Planner $50-$75 Technical Writer $50-$75 Graphic Artist $45-$75 Research Analyst $45-$65 Technical Support Staff $45-$55 Clerical Support $35-$50 Note: The Planning Center's fees arc adjusted annual) . Exhibit C Amended Schedule of Performance The Consultants will work with City/Agency staff to develop a mutually agreed upon schedule for completing the above scope of services that allows for integration of the Housing Strategy effort with the General Plan and Housing Element Update. (See Attachment 1: Recommended Process and Schedule.) We estimate a five to seven month time frame for completion of the Affordable Housing Strategy and Draft Housing Element, depending upon whether a citizen's Advisory Committee is used, from contract execution. • Attachment 7 To Exhibit C PALM SPRINGS 2000 AFFORDABLE HOUSING STRATEGY RECOMMENDED PROCESS AND SCHEDULE (With Advisory Committee) Meeting Purpose/Goal of Meeting Target Date 1 . Staff Kick-off Meeting, Finalize Public February, 2000 Improvement Program (Tasks 1, 2) 2. Staff/Advisory Review Committee Process, Needs March, 2000 Committee Assessment, and Income Levels 3. Advisory Review Findings, Gap and Resources April, 2000 Committee (Tasks 3, 4). Staff Preliminary Discussions: Policies and Programs (Tasks 6,7) 4. Advisory Presentation and Discussion: Housing May, 2000 Committee Element Requirements (Task 5) Staff Outline Capital Plan, Draft Strategy 5. Advisory Review Capital Plan (Task 8), Adopt June, 2000 Committee Strategy, Review Draft Housing Element' 6. Planning Study Sessions, HCD Review and July, 2000 — Commission/ Adoption of Final Housing Element Jan., 2001 Council 'Completion of Draft Element by June,2000 assumes the City completes its Consolidated Plan by June, 2000. • David Paul Rosen & Associates Market Analysis for Affordable Housing AGREEMENT #4208 A0393C M06574, 2-16-00 CONTRACT SERVICES AGREEMENT FO`— --_ MARKET ANALYSIS OF AFFORDABLE HOUSING THIS CONTRACT SERVICES AGREE, NT(herein "Agreement"), is made and entered into this , by and between the CITY OF PALM SPRINGS, (herein "CITY") a municipal co ration and David Paul Rosen & Associates (herein "Contractor"). The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which services may be referred to herein as the "services" or "work" hereunder. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry, and all materials will be of good quality, fit for the purpose intended. 1.2 Contractor's Proposal. The Scope of Services shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits, Fees and Assessments. Contractor 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. Contractor 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 Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder. 1.5 FamiliariV with Work. By executing this Contract, Contractor warrants that Contractor (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, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or 1 unknown conditions, which will materially affect the performance of the services hereunder, Contractor shall immediately inform the City of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. l.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both 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. Unless hereafter specified, neither party shall be responsible for the service of the other. 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 said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in(i)the Contract Sum, and/or(ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of five percent (5%) or less of the Contract Sum, or in the time to perform of one hundred eighty (180) days or less may be approved by the Contract Officer- Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor 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 Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" anached hereto as Exhibit "B" and incorporated herein by tliis reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 2 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Twenty Thousand (S20,000.00) (herein "Contract Sum"). Contractor's fixed fee to complete the "Scope of Services" is $19,000.00, including Labor and Reimbursable Expenses, as outlined in Exhibit "C." An additional $1,000.00 is included in the Contract Amount to provide the necessary funds for unforeseen expenses (additional meetings, additional reimbursement costs) approved by the Contract Officer in advance. The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at two project meetings reasonably deemed necessary by the City. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit C), in any month in which Contractor wishes to receive payment, no later than the first (1st) working day of such month, Contractor shall submit to the City in the form approved by the City's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to 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" attached hereto as Exhibit "D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively. 3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten(10) days of the commencement of such delay 3 notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION Or WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: David Paul Rosen Nora Lake-Brown It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the terra of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily 4 or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder 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 Contractor, 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 the Contractor or any surety of Contractor of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all tunes as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND FONDS 5.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis. If the Contract Sum is $25,000.00 or less, the policy of insurance shall be written in an amount not less than either (i) a combined single limit of$500,000.00 or (ii) bodily injury limits of$250,000.00 per person, S500,000.00 per occurrence and S500,000.00 products and completed operations and property damage limits of $100,000.00 per occurrence and $100,000.00 in the aggregate. If the Contract Sum is greater than $25,000.00 but less than or equal to $100,000.00, the policy of insurance shall be in an amount not less than either (i) a combined single limit of$1,000,000.00 for bodily injury, death and property damage or (ii) bodily injury limits of S500,000.00 per person, $1,000,000,00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of $500,000.00 per occurrence and $500,000.00 in the aggregate. If the Contract Sum is greater than $100,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit- (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker 5 • employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of$250,000.00 per person and $500,000.00 per occurrence and property damage liability limits of$100,000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined single limit liability of$500,000.00. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. policies of such other insurance, including professional liability insurance, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or cancelled without providing thirty (30) days prior written notice by registered mail to the City. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Section 5.1. 5.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in comlection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, whether or not there is concurrent passive or active 6 negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City Clerk, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VIl or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances. In the event the Risk Manager of City ("Risk 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 Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within 10 days of receipt of notice from the Risk Manager. 7 6.0 RECORDS AND REPORTS 6.1 Reports. Contractor 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. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefor. The injured parry shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary_ Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to 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- 9 7.7 LiL uidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum. of _zero ($0.00) dollars_ as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit "D"). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time upon, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation (Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event of termination without cause pursuant to this Section, the terminating party need not provide non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated. 7.10 Attorneys' Pees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorneys fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 10 8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, 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 prepaid, first-class mall, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. .Either parry may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between 11 the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not effect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder 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. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party 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 said party is bound. 12 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. AT T: CITY OF PALM SPRINGS, CALIFORNIABy:7 By: A r City Clerk City Manager APPROVED AS TO FORM: RUTAN & TUCKER APPROVED BY THE CKY COUNCI By 7P City Attoz ey CONTRACTOR; By: 6J — Name: Mt)Q LAC —I r�0wv: Title: ri Address:16Lq •H eA/L f'4 x , -- -r UAe, C�4 R2�62`f 13 EXHMIT "A." I. Regulatory Requirements DRA will review regulatory requirements for affordable housing in the City of Palm Springs. We will review the consistency with the City's goals and requirements contained in the AB 1290 Redevelopment Implementation Plan, Regional Housing Needs Assessment(RHNA) and the HUD Consolidated Plan. DRA will distinguish between the City's obligations under Housing Element Law and the Agency's obligations under Community Redevelopment Law. We will work with the City's legal counsel to identify relevant legal requirements including the Redevelopment Agency's Low and Moderate Income housing Fund, replacement housing and inclusionary housing obligations within the City's Redevelopment Project Areas. We will review restrictions pertaining to tax-exempt and taxable bonds financed using Agency Housing Set-Aside revenues, if any- We will also address the City's and Agency's obligations to provide state relocation benefits to eligible lower income displacees. 2. Affordable (lousing Supply DRA will review data on the existing supply of affordable housing in Palm Springs from the California Department of Finance,National Decision Systems, the Southern California Association of Governments (SCAG) and other available sources: housing inventory characteristics (housing type, age, condition) • rental and owner-occupied housing vacancy rates; - • HUD prepay, opt-out, expiring Section 8 and Mark-to-Market inventory in Palm Springs. DRA will review available data on housing prices and rents from on-line computer services,the Real Estate Research Council, and local market sources. We will supplement available data with a limited rent survey, as needed, to identify typical market rents and locations with affordable,market-rate housing. DRA will work with staff to identify potential areas of geographic concentration of affordable housing. EXIMIT "A" SCOPE Or SERVICES Page 1 14 I Affordable Housing Needs DRA will analyze data on current and projected five-year affordable housing needs from the California Department of Finance,National Decision Systems, the Southern, California Association of Governments (SLAG) and other available sources. Data analyzed will include: • population and household characteristics; • housing tenure; • income distribution; • overpayment, overcrowding, and special needs populations. DRA will report Current Department of Iousing and Urban Development(HUD) income limits and maximum affordable housing costs for renters and owners by family size and income level for Riverside County. We will compare maximum affordable housing costs with market rents in Palm Springs. 4. Meetings and Presentations Two meetings will be required to conduct the proposed scope of services. These meeting will be necessary to discuss issues, findings and conclusions with City staff and provide a presentation to staff and the City Council. Our fixed price fee provides for two on-site meetings with staff and/or the City Council. EYJMIT "A," SCOPE; OF SERVICES Page 2 15 EXHIBIT "B" The requirement of a Performance Bond as stated in Section 5.3 of this .Agreement is hereby waived. EXEIIBIT "B" SPECIAL REQUIREMENTS 16 EX -MIT "C" DRA will complete the Scope of Work in Exhibit A for a fixed fee of$19,000, including labor and reimbursable expenses. We,will bill upon completion of each task as follows: I. Review Regulatory Requirements $4,000 2. Affordable Housing Supply $8,500 3. Affordable Housing Demand _$6,500 Total $19,000 The above budget assumes attendance at two meetings in Palm Springs. Additional meetings may be requested by the City,paid at an additional cost according to DRA's 1999 Professional Fee and Expense Schedule (Attachment I of this Exhibit.C), as updated annually. Reimbursable production expenses include secretarial, accounting, and data processing services, fax and Federal Express expenses, volume copying expenses, long distance telephone expenses, and production materials as required (e.g., notebooks and dividers). Invoices are due upon presentation, and subject to fees for late payment per Attachment I of this Exhibit. EXHIBIT "C" ' SCHEDULE Or COMPENSATION 1� EXHIBIT "C" ATTACHMENT 1 Calendar Year 1999 David Paul Rosen & Associates Professional tee and Expense Reimbursement Schedule The following fee schedule represents fees and reimbursable expenses for 1999. Principal I $ 155.00 per hour Principal II $ 145.00 per hour Senior Economist $ 135.00 per hour Associate $ 125.00 per hour Research Associate I $ 117.00 per hour Research Associate 11 $ 85.00 per hour Data Entry, Word Processing, Administrative Assistance and Accounting $ 48.00• per hour The following costs are reimbursable expenses with supporting receipts: • mileage at$0.26 cents per mile • round-trip coach airfare as mutually agreed to by client and consultant • economy rental car as needed • hotel and meals as needed • long distance telephone, Federal Express and FAX services • copying and production charges • supplies as required for deliverables A 1.75% per month surcharge will be added to any invoice which is unpaid thirty days after the original date of the invoice. DRA may increase its Professional Fees once each calendar year, and will notify its clients of any change. EXRIBT "C" ATTACHMENT 1 18 EXHIBIT "D" DRA is prepared to complete the Scope of Work in Exhibit A within six weeks of contract execution,relying upon timely provision to DRA by City staff of the documents and information required for Task 1, Regulatory Review. EMMIT "D" SCHEDULE OF PERFORMANCE 19 M FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT DAVID PAUL ROSEN&ASSOCIATES THIS FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT(herein "Amendment") is made and entered into this_day of 2000,by and between the PALM SPRINGS COMMUNITY REDEVELOPMENT AGENCY,(herein"Agency") a public body, corporate and politic,the CITY OF PALM SPRINGS("herein"City")a municipal corporation,and DAVID PAUL ROSEN&ASSOCIATES(herein"Contractor"). The parties hereto agree to this First Amendment to the Contract Services Agreement,Agreement No.393C. Said agreement was approved by the Agency on July 29, 1999 by Resolution No. 1073. The Contractor,through Agreement No.393C,provided a Market Analysis of Affordable Housing within the City of Palm Springs. As a follow-up to the Market Analysis,the parties agree to amend the following sections of the original contract: 1.0 SERVICES OF CONTRACTOR 1.1 Scope o_ p f Services. In compliance with all terms and conditions of this Amendment,the Contractor shall provide those services specified in the"Amended Scope of Services"attached hereto as Exhibit"A"and incorporated herein by this reference,which services may be referred to herein as the "services"or"work"hereunder. Contractor warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry,and all materials will be of good quality,fit for the purpose intended. 1.2 Contractor's Proposal. The Amended Scope of Services shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Amendment,the terms of this Amendment shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Amendment,the Contractor shall be compensated in accordance with the"Amended Schedule of Compensation" attached - hereto as Exhibit"B"and incorporated herein by this reference,but not exceeding the maximum amended contract amount of Ninety Nine Thousand Three Hundred Dollars($99,300.00)(herein"Amended Contract Sum"). The method of compensation may include: (i)a lump sum payment upon completion,(ii) payment in accordance with the percentage of completion of the services,(iii)payment for time and materials based upon the Contractor's rates as specified in the Amended Schedule of Compensation,but not exceeding the Amended Contract Sum or(iv)such other methods as may be specified in the Schedule of Compensation. 3.0 PERFORMANCE SCHEDULE 3.1 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)established in the"Amended Schedule of Performance"anached hereto as Exhibit"C", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Amended Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180)days cumulatively. 4.0 Coordination of Work 4.1 Prohibition A ainst Subconu•actin or Assi ent. The experience,knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the Agency to enter into this Agreement. It is understood that the Contractor will be working in conjunction with The Planning Center in order to complete some of the tasks described in the Amended Scope of Services. Therefore,aside from The Planning Center,Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the Agency. In addition, neither this Amendment nor any interest herein may be transferred,assigned, conveyed,hypothecated or encumbered voluntarily or by operation of law,whether for the benefit of erditors or otherwise,without the prior written approval of Agency. Transfers restricted hereunder 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 Contractor,taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer,including any bankruptcy proceeding,this Amendment shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of Agency. All other terms of the original Agreement shall remain the same unless amended. IN WITNESS WHEREOF,the parties have executed and entered into this Amended Agreement as of the date first written above. ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS,CALIFORNIA By: By: Assistant Secretary Executive Director ATTEST: CITY OF PALM SPRINGS,CALIFORNIA By: By: City Clerk City Manager APPROVED AS TO FORM: RUTAN&TUCKER City Attorney CONTRACTOR: DAVID PAUL ROSEN&ASSOCIATES By: — APPROVED BY THE CITY COUNCIL uj BY R. . NO. rA �� Name: IN2mcke —[7(Ok] fl� Title: PSI.t.Cr A V�®� Address: ' Ir Q [� Ar? kry�NE a °P 'fYiE b Cyl�1�Y1U6�Y11'Y REDEV, ^a E:➢� 1� ICY R e5a Pa9�Y. Exhibit A Amended Scope of Services Task 1: Background Research/Project Initiation David Paul Rosen & Associates (DRA), in conjunction with The Planning Center (TPC), jointly referred to as the "Consultants", will complete the following scope of work. Initial organization of the work program is essential to assure that a process is established to provide close communication between DRA, TPC, City staff and, if necessary, legal counsel. During the project initiation phase the scope will be reviewed and fine-tuned by the City and the Consultants in order to complete the project in the most efficient and cost-effective manner. Task 1 Deliverables • List of data. • Kick-Off Meeting. • Preliminary identification of key issues. • Housing Element format. Advisory Committee/Public Involvement Program In consultation with City staff, the Consultants will develop a program to promote public involvement and consensus building in the development of the Affordable Housing Strategy and Housing Element Update. The program will identify opportunities to solicit input, review, and participation from the public and concerned organizations throughout the process. Any special considerations will be reviewed with City staff during Task 1 and a framework for community involvement will be developed. The public involvement program will seek to provide: • Opportunities for community representatives and interests to participate in the process in a meaningful way. • Effective facilitation and consensus-building strategies to maximize the chances that the final Affordable Housing Strategy and Housing Element programs will be both legally adequate and politically acceptable. Some jurisdictions find impaneling a special Affordable Housing Advisory Committee a useful step in reaching consensus on the key program and policy elements central to both the Comprehensive Affordable Housing Strategy and Housing Element Such an Advisory Committee should be composed of representatives of key stakeholder groups in the community, including but not DRA Scope of Services February 23, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 1 limited to the Chamber of Commerce, Tourism Council, apartment owners, social service providers, developers and operators of affordable rental housing, and others. Qualifications for representatives on the Advisory Committee should include recognized leadership within their respective constituent organizations as well as a willingness to work toward common goals for a sound affordable housing strategy responsive to needs in the City. DRA and TPC are highly experienced and skilled in working with such citizen advisory groups. We recommend that if this approach is used, the Advisory Committee be appointed by the City Council and charged with the responsibility of bringing forward a consensus recommendation for the Comprehensive Affordable Housing Strategy and the Housing Element to the Council for its consideration and adoption. The Consultants will work closely with City and Agency staff to provide the preparation, reports, presentations and meeting facilitation services required to assure the highest quality and impartial process and substance is provided to the Advisory Committee for its consideration. In addition to the Advisory Committee, the scope of services and budget includes two study sessions. The Consultants will coordinate and facilitate all public workshops in consultation with City staff, and will be responsible for developing agendas, workshop materials, and preparing meeting summaries. Task 2 Deliverables • Public Involvement Program for the Affordable Housing Strategy and the Housing Element Update. Task 3: Conduct Housing Affordability Gap Analysis The Consultants will analyze the "affordability gap" between the cost of building housing at various densities and the amount that households at different income levels and family sizes can afford to pay for housing based on a review of market and income data in Palm Springs, as well as our own considerable experience in Riverside County and throughout Southern California. The affordability gap analysis provides an understanding of the City's financial capacity to assist in the development and preservation of affordable housing under alternative targeting strategies, given its resources and market conditions. The Consultants will: 1. Define target income levels (three income levels); 2. Calculate maximum affordable monthly housing costs (renter and owner, by income level) DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 2 Define affordable housing expense (e.g. rent plus utilities for renters; mortgage principal and interest, taxes, insurance, and potentially homeowners association/maintenance costs for owners) 3. Develop housing prototypes Analyze up to three renter and three owner prototypes representing different types and densities of housing that could be developed or acquired and rehabilitated in Palm Springs. Development cost estimates will be prepared for the prototypes after compiling and reviewing housing development cost data (including land acquisition, construction, fees and soft costs) for Palm Springs. 4. Calculate the affordability gap between the amount households can afford to pay versus housing costs for each prototype; and, 5. Calculate subsidy needs for each prototype. Target income levels and prototypes will be selected in consultation with City staff and others as appropriate. We will use current Department of Housing and Urban Development (HUD) income limits and maximum affordable housing costs for renters and owners by family size and income level for the Riverside/San Bernardino MSA, consistent with Housing Element, Community Redevelopment and HUD law and regulation. Housing acquisition, rehabilitation and development costs will be estimated through analysis of market data, interviews with local housing developers in Palm Springs and neighboring communities. To the extent comparable market data on multi-family land costs are not available in Palm Springs, due to the lack of multi- family zoned sites, we will use market prices for land appropriately zoned in surrounding jurisdictions. The Consultants will review available data on market housing prices and rents from on-line computer services and local market sources. Task 3 Deliverables • Affordability Gap Analysis Report Task 4. Review Local Resources and Leverage Opportunities These activities will assure the Agency and City that its Comprehensive Affordable Housing Strategy appropriately responds to the housing needs, obligations, current and prospective revenue resources available for affordable housing, and current and proposed land use policies in Palm Springs. a. Local Resources DRA will review information provided by City staff on existing programs and current and projected resources for affordable housing from all resources, DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 3 including the Palm Springs Redevelopment Agency's Low and Moderate Income Housing Fund, Community Development Block Grant and HOME funds, City and Agency general funds and other local housing moneys. These will include funds from tax increment and tax allocation bond issues, as appropriate. b. Leverage Opportunities DRA will conduct a comprehensive review and description of currently available leverage opportunities for affordable housing subsidies from non- City sources. Leverage opportunities will be comprehensively surveyed among state, federal and private sector sources. This review will describe programs available to Palm Springs, associated program requirements, and remaining available funding levels. The following non-local sources will be among those analyzed: State Department of Housing and Community Development, California Housing Finance Agency, Federal and State Low Income Housing Tax Credits, tax-exempt mortgage revenue bonds, U.S. Department of Housing and Urban Development, community reinvestment loan commitments from private lenders and insurers, non-profit intermediaries and other private sector resources. DRA will assist the Agency and the City in identifying leverage opportunities consistent with the policy, program and project priorities in Palm Springs. Task 4 Deliverable • Report on local affordable housing resources and comprehensive review of current affordable housing assistance programs. Task 5. Housing Element Sections on Existing Conditions, Housing Needs, Constraints, Resources and Opportunities The purpose of this task is to develop drafts of the Existing Conditions, Housing Needs, Constraints, Resources and Opportunities sections of the Housing Element. The Consultants will use data on affordable housing needs, supply, and prices from the recently prepared Palm Springs Affordable Market Analysis, with additional focused research as required. The information will be compiled in a format consistent with the requirements of Government Code Section 65583 and the City's General Plan. An analysis of potential and actual governmental and non-governmental constraints to the maintenance, improvement and development of housing will be prepared. A key component of this review will be the availability of land suitable for development of affordable housing. The requirement for demonstrating sufficient sites to accommodate future housing needs is a key issue in the preparation of the Housing Element. It will also be critical to developing the programs and policies of the Housing Strategy affecting the location of new affordable housing development. DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 4 This analysis will include the relationship of zoning and public facilities and services to sites suitable for residential development. Map exhibits will be prepared showing the location of available sites. The potential number of housing units that could be developed on the sites listed in the inventory will be calculated and compared to the City's future needs (RHNA) to determine the adequacy of available sites. The results of this evaluation will be used in refining the policies, programs and quantified objectives of the Housing Strategy and Element. The Consultants will integrate the results into a digitized ARC-View base map to be provided by the City. A hard copy of the maps will also be provided to the City. This task will also include an analysis of opportunities for energy conservation. The Consultants will review the City's existing Housing Element and evaluate the progress in implementing the adopted housing programs and meeting identified goals of the current housing element. This review must include an analysis of the effectiveness and appropriateness of the goals, policies and objectives in contributing to the attainment of the state housing goal. In addition, the current housing programs must be evaluated for their effectiveness in addressing the issues identified in the housing conditions survey. The following specific program areas will be included in the analysis: ■ Conserving, maintaining and improving the existing housing stock; ■ Assisting in the development of housing for low- and moderate-income households; r Removing the impediments posed by identified local governmental constraints; and ■ Providing equal housing opportunities for all income groups. In conducting this analysis, it is assumed that the City will provide information on the resources allocated to housing programs since the last Housing Element was adopted. A Technical Report will be prepared documenting the findings from the review of the existing Housing Element. This report will be used to address legal requirements and to guide the refinement of goals, objectives and programs in the revised element, and the development of new programs. Task 5 Deliverables • Working Drafts of the Housing Element sections addressing Existing Conditions, Housing Needs, Constraints, Resources and Opportunities. • Technical Report summarizing review of existing Housing Element DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 5 Task 6. Develop Housing Policies and Priorities The strategy must be informed by policies, which provide clear guidance for the targeting of limited City, Agency and leveraged resources. The Consultants will clarify and recommend options and modifications to current City and Agency priorities, goals and policies. Policy guidelines may include but will not be limited to such issues as income targeting, housing type and tenure, definition of affordable housing expense, mix of unit sizes, compliance with state and federal legal requirements, affordability term, location, public/private partnerships and other factors. The Consultants will distinguish between the City's obligations under Housing Element Law and the Agency's obligations under Community Redevelopment Law. We will work with the Agency and City's legal counsel to address consistency of the recommended priorities, goals and policies with relevant legal requirements including the Redevelopment Agency's Low and Moderate Income Housing Fund, replacement housing and inclusionary housing obligations within the City's Redevelopment Project Areas. We will review restrictions pertaining to tax-exempt and taxable bonds financed using Agency Housing Set-Aside revenues, if any. We will also address the City's and Agency's obligations to provide state relocation benefits to eligible lower income displacees. Task 6 Deliverables • Statement of housing goals and policies for the Affordable Housing Strategy and Housing Element Task 7: Identify Program and Project Opportunities The Consultants will review available program and project opportunities in Palm Springs and will provide recommendations for a variety of programs and policies consistent with Palm Springs' housing needs and resources. Program elements to be considered may include the following, as well as others: • New affordable housing construction; • Acquisition of existing housing; • Preservation of existing affordable housing at-risk of conversion to market rate; • Syndications using Federal and State Low Income Housing and Federal Historic Rehabilitation Tax Credits; • Negotiations with developers for inclusionary components to overall development plans; DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 6 • Housing rehabilitation grants or loans; • Ventures with non-profit housing development corporations; • Mortgage "buy-down" and "second loan" programs to assist qualified home purchasers in obtaining financing for the acquisition of housing units; • Emergency relief to prevent foreclosures and rental evictions; • Community lending partnerships with financial institutions under the Community Reinvestment Act (CRA) and initiatives such as the California Organized Investment Network (COIN). The Consultants will design program elements so that they are consistent with the City's affordable housing needs, fulfill the City's and Agency's housing obligations, feasible within the City's current and potential financial resources, and meet community objectives and priorities. Task 7 Deliverables Program element section of Affordable Housing Strategy Task 8: Prepare Five-Year Capital Plan and Quantified Objectives Once the housing assistance policies described above are established, housing assistance goals specifying the number of households to be assisted by tenure, family income, family size and special needs populations will be established. These will describe achievable objectives over the five-year implementation plan required under AB 1290 (Health and Safety Code Section 33490) and Housing Element law. The Consultants will detail the affordable housing capital requirements needed to achieve these assistance goals. These capital requirements will be categorized by: • Subsidy capital; • Debt capital; • Equity capital. The Comprehensive Affordable Housing Strategy will provide concrete, achievable housing goals to be incorporated in the Housing Element and AB 1290 Implementation Plan. The Consultants will review and advise the Agency on the AB 1290 Implementation Plan documents as desired. DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 7 Task 8 Deliverables: • Five-year capital plan section of the Affordable Housing Strategy • Quantified objectives section of the Housing Element • Summary matrix identifying each housing program, its intent and quantified objective, funding source(s), responsible agency, and timeframe for implementation for incorporation into the Housing Element Task 9: Prepare Comprehensive Housing Strategy Document The Consultants will prepare written work products for each of the tasks, as noted above. After lincorporation of staff comments and revisions, these reports will become chapters of the Housing Strategy document. The Consultants will prepare a draft Comprehensive Housing Strategy documents for review by staff and the Advisory Committee (if used), the Planning Commission and City Council. Task 9 Deliverables: • Draft Affordable Housing Strategy document Task 10: Preparation of Draft Housing Element Document A comprehensive Screencheck Housing Element will be prepared for staff review prior to the public review process. The Screencheck document will be based on all information developed through the scope of work and will include all issues, opportunities, constraints, assumptions, analysis, goals, policies, data and mapping. The Element will comply with all applicable state provisions regarding the content, methodology and processing of housing element updates. As this Update constitutes a General Plan Amendment, the format will be consistent with the City's General Plan. The completed Screencheck will be submitted to the City staff for distribution to appropriate departments and decision-makers for review and proofing. It is requested that the City provide a single set of consolidated comments on the Screencheck for streamlining the revision and editing process. All City departments, including the City Counsel, should review the Screencheck at this point. Three (3) rounds of revisions to the Screencheck will be made, and a Draft document prepared for distribution during the study session portion of the project. The Consultants will conduct a study session for the Planning Commission and City Council on the Draft Affordable Housing Strategy and Housing - Element documents. ORA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 8 Task 10 Deliverables: • Screencheck Document, including all appendices, reports, etc. (one (1) reproducible and ten (10) copies). • Ten (10) copies of the revised Draft document will be provided to reflect all comments. • Errata sheet documenting input from study session. Task 11. Environmental Assessment Concurrent with the preparation of the Housing Element, the Consultants will conduct an environmental analysis of the project. It is assumed that this analysis will justify the adoption of an Initial Study/Mitigated Negative Declaration. The Mitigated Negative Declaration will include an Initial Study which will contain the required elements, including: a description of the project; its location; a comprehensive environmental checklist; information concerning the project's environmental effects; suggested means for mitigating the significant effects; and a review of the project's consistency with existing plans and land use controls. The sources of information used in the Initial Study will be cited. All environmental topics will be reviewed in the checklist. The checklist will be followed with a review of the potential impact, an explanation for the determination and recommended mitigation. Following review and comment by the City, modifications will be made to the Screencheck Initial Study. Assuming there are no impacts which cannot be mitigated to a level of insignificance, a Screencheck Mitigated Negative Declaration will be prepared and transmitted to the City for review. Comments from the City will be incorporated and a Draft Negative Declaration and Mitigation Monitoring Program prepared. The Draft Negative Declaration will be sent to the State Clearinghouse for distribution for 30 day review. NOTE. This proposal includes a scope of work and associated fee for preparation of an initial study and Negative Declaration. If an environmental impact report is required, the City shall be notified at the time of determination and appropriate action taken. Task 11 Deliverables • Screencheck Initial Study (1) reproducible and ten (10) copies. • Draft Initial Study and Environmental Assessment (one (1) reproducible copy). . • Draft Negative Declaration (one (1) reproducible copy). • Draft Mitigation Monitoring Program (if applicable) (one (1) reproducible copy). DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and dousing Element Page 9 Task 12: Housing Element Revisions and HCD Review The Consultants shall incorporate all changes based on comments received through the review process into a Draft Final copy for submittal to HCD. A camera ready copy of the Draft Final document will be provided to the City for transmission to state HCD for review and comment. Upon receipt of the HCD review response, the Consultants will work with the City at a Staff Meeting to meet the concerns of HCD to demonstrate compliance with legislative requirements. Any comments of substantive nature, which would require change in policy direction or other action by the City Council, will be identified for consideration by the Council. A follow-up conference call with HCD; or other appropriate forms of communication, will be made to ascertain satisfaction of their concerns prior to adoption of the Element. Once revisions and modifications are made subsequent to HCD review and comment, a Final Draft General Plan Amendment for the Housing Element Update and associated environmental and processing documentation will be prepared for the Planning Commission and City Council study sessions and subsequent Public Hearing process. The Consultants will attend one Planning Commission hearing on the General Plan Amendment for the Housing Element Update and associated environmental documentation (see Task 10 for description of final environmental documents). It is recommended that any identified edits and/or modifications to the documents resulting from the Redevelopment and the Planning Commission hearing be documented in the form of an Errata Sheet, specifying the page number, paragraph and line of the revision, as well as the specific language added, deleted or modified. The Consultants will participate in one City Council hearing related to the approval of the Housing Element and environmental documentation, based on recommendations from the Planning Commission and documentation of proposed revisions in the form of Errata Sheets from the hearings. The Council can then approve, modify or delete any recommended changes to the documents highlighted in the Errata Sheets, as well as any new editorial actions. The Errata Sheet will be edited following the first Council hearing to incorporate all recommended actions to be brought to the final Council hearing. Following the Public Hearings, a Final Housing Element will be prepared. Task 12 Deliverables: • Study session: Joint Planning Commission, and City Council. • Draft Final Housing Element document (one (1) reproducible for HCD and ten (10) copies). DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 10 • Revised Draft Final Housing Element document (responding to HCD comments) (ten (10) copies, one (1) reproducible copy and computer disk). • One (1) Planning Commission and one (1) City Council hearing. • Errata sheets following each public hearing. • Final Comprehensive Affordable Housing Strategy and Housing Element documents (one (1) reproducible copy, as well as a file on computer disk that is compatible with the City's software). Task 13: Preparation of Final Negative Declaration Following the 30 day review (which will occur concurrently with HCD review of the Housing Element), a Response to Comments (if warranted) will be prepared, constituting the Final Mitigated Negative Declaration. A Mitigation Monitoring program with appropriate mitigation measures will accompany the Final Mitigated Negative Declaration. This documentation will be brought to the Planning Commission and City Council for review and adoption. The Consultants will finalize the environmental documentation and Mitigation Monitoring Program and file the Notice of Determination (NOD) with the County following adoption of the Housing Element Update by the City Council, Task 13 Deliverables: • Final Negative Declaration and Mitigation Monitoring Program (one (1) reproducible copy and computer disk). • Notice of Determination. Task 14: Implementation and Monitoring Program The Planning Center will prepare a report for recommendations on how to implement and monitor the Housing Element over the next 5 years. Task 14 Deliverables: Housing Element Implementation and Monitoring Report (one (1) reproducible copy and computer disk). Meetings and Presentations The Consultants will be present at meetings as required by research and program development, and as desired and requested by City/Agency staff. Meetings will be paid on a time and expense basis according to the attached fee and expense reimbursement schedule, allowing for on-site and preparation time, and the DRA Scope of Services February 10, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 11 following reimbursable expenses, as needed: coach round-trip air travel, lodging, meals, ground transportation and parking expenses. The maximum meeting budget in the fee schedule will not be exceeded without prior authorization of the lAgency or City. This budget line item allows for preparation of presentation materials, travel and on-site time with City staff and officials. The meetings and presentations budget is presented in two alternatives; lvith an Advisory Committee, and without an Advisory Committee, in Attachment ': Palm Springs 2000 Affordable Housing Strategy Recommended Process and Sch dule. Legal Sufficiency With respect to all tasks and all deliverables, City expects that all deliverables shall be legally sufficient. In this regard, drafts of each deliverable will be sha ed with City staff and Contractor shall make any revisions proposed by City staff and legal counsel to make such deliverables legally sufficient. oRA Scope of Services Marc t0, 2000 Palm Springs Comprehensive Affordable Housing Strategy and Housing Element Page 12 6 -d 90L9 655 675 OOSSV N3S02i MAVO N08-i NV817: 1L 000Z_eL—£ 0 Exhibit B Amended Schedule of Compensation The not-to-exceed maximum price for preparation of the above scope of services is $99,300. The Consultants will bill on a percent completion basis for Tasks 1 through 13. Production, meetings and reimbursable expenses will be billed on a time and expense basis. In no event will the contract maximum be exceeded without the mutual written consent of the City and the Consultant. Billing rates for professional fees and expense reimbursement will be per the attached 2000 fee and expense reimbursement schedule (Attachment 2). The following is an estimated breakdown of costs, and fixed price, by task. 1. Project Initiation/Kick-Off Meeting $ 2,900 2. Public Involvement Program 1,200 3. Housing Affordability Gap Analysis 7,500 4a. Local Resources 3,500 4b. Leverage Opportunities 8,500 5. Housing Element Sections on Existing Conditions, Housing Needs, Constraints, Resources and Opportunities 3,000 6. Housing Policies and Priorities 6,500 7. Program and Protect Opportunities 7,000 8. Five-Year Capital Plan and Quantified Objectives 12,000 9. Affordable Housing Strategy Document 5,000 10. Draft Housing Element 5,900 11 . Environmental Assessment 4,100 12. HCD Review and Final Housing Element 3,000 13. Final Negative Declaration 700 14. Housing Element Implementation and Monitoring Report 1,000 Production and Reimbursable Expenses 5,700 Subtotal: $77,500 Meetings' • (charged on a time and expense basis up to a maximum budget, without Advisory Committee): $17,800 • (charged on a time and expense basis up to a maximum budget, with Advisory Committee): $21,800 Includes progress meetings with staff, two study sessions with the City Council and/or Planning Commission, and two public hearings for the Housing Element, with or without Advisory Committee meetings as noted. Kick-off meeting budget is included in Task 1. Calendar Year 2000 Attachment 1 To Exhibit B David Paul Rosen & Associates Professional Fee and Expense Reimbursement Schedule The following fee schedule represents fees and reimbursable expenses for 2000. Hourly Bate for 2000 Principal 1 $ 165.00 Principal II $ 155.00 Senior Economist $ 140.00 Associate $ 130.00 Research Associate 1 $ 122.00 Research Associate II $ 90.00 Data Entry, Word Processing, $ 50.00 Administrative Assistance and Accounting The following costs are reimbursable expenses with supporting receipts: • mileage at $0.26 cents per mile • round-trip coach airfare as mutually agreed to by client and consultant • economy rental car as needed • hotel and meals as needed • long distance telephone, Federal Express and FAX services • copying and production charges • supplies as required for deliverables A 1.75% per month surcharge will be added to any invoice which is unpaid thirty days after the onginal date of the invoice. LIRA may increase its Professional Fees once each calendar year, and will notify its clients of any change. Attachment 2 To Exhibit B The Planning Center Professional Fee and Expense Reimbursement Schedule Staff abbreviations for above budget table are as follows: _ SDS= Susan DeSantis, Project Director/Manager DB= David Barquist,Element SPT= Word Processing, Preparation Technical Support JD= John Douglas,Technical Advisor/Environmental DZ= Demetrius Zeigler,Policy Documentation Planner REIMBURSABLES AND DIRECT EXPENSES Mileage $30 Mailin Delive $100 Gra hics✓GAD/GIs $500 Printin @ $1 S/Copy $1,050 Screencheck Element(10) Screencheck Initial Stud (10)[(1)reproducible copy] Drah Element(10) Orak Initial Stud and EA(1)reproducible copy Draft Final Element(70)I(1)reproducible copy] Draft Ne ative Declaration(1)reproducible copy Revised Draft Final Document(10)](1)reproducible copyl Final Element I(1)reproducible copy, (1)disk] Draft Final Initial 5tud NO(70)[(1)reproducible copy] Draft Mitigation Monitorin Program(7)reproducible copy Revised Draft Final Document Response to Comments/Final Initial Stud ND(10) TOTAL $1,680 Printing, telephone, facsimile and similar costs are invoiced at our costs plus 15%. Mileage charges are $.31 per mile. This Schedule is effective through December 31, 2000. NOTES: The Planning Center will work as an extension of staff, and will handle all notices, mailings, copying and minutes of staff meetings and community workshops. Preparation of agendas, workshop materials, PowerPoint presentations and presentation boards will be the responsibility of The Planning Center. Attachment 2 To Exhibit 0 The Planning Center Professional Fee and Expense Reimbursement Schedule Page 2 Fee Schedule Standard Fee Schedule THE PLANNING CENTER as of January 1, 2000 Staff Level Hourly Rate Principal 135 - 150 Computer S ecialist $100 Senior Project Manager $85-$135 Project Manager $65-$125 Senior Planner $70-$95 Assistant Planner $50-$75 Technical Writer $50-$75 Graphic Artist $45-$75 Research Analyst $45-$65 Technical Support Staff $45-$55 Clerical Support $35-$50 Note: The Planning Center's fees are adjusted annually. i i Exhibit C Amended Schedule of Performance— The Consultants will provide drafts of the deliverables described in Exhibit A, Amended Scope of Work according to the schedule in Attachment 1 to Exhibit C, assuming timely provision to Consultants by City staff of the documents, list d in the Exhibit A, Amended Scope of Work. i I ' E "d 9OLS 6SS 676 OOSSV N3SOti OTnVO NOdJf NVSV° LL 000z-EL-E K Attachment 1 To Exhibit C PALM SPRINGS AFFORDABLE HOUSING STRATEGY AND HOUSING ELEMENT SCHEDULE OF PERFORMANCE Deliverable Due Task Date Task 1 March 31 2000 Task 2 Aril 7, 2000 Tasks 3 and 4 Aril 30 2000 Task 5 May 15 2000 Tasks 6 and 7 May 30 2000 Tasks 8 9 10 and 11June 30 2000 Tasks12 13 14 January 31 2001 V -d 8aL9 6s5 Evs DOSSd N3SOb ❑IAVO N021-j V4VSV l l 300Z-S L-' hIitE�, DATE(MM/DDNY)` rIr �u ERT Fr ` / / a6/06/DD PRO➢uc.a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Half Moon Say Inn. Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5050 el Camino Rcil, Suite 203 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Los Altos, CA 94022- COMPANY ~ (650) G91-0100 _ r" p' CGU Insurance Company INSURED Ili d; 7 MU (Yj COMPANY r / ➢f,vid Paul Rosen & Associates _ B 1330 Broadway, Suite 927 � COMPANY i C Oakland CA 94612.2509 COMPANY (510) 451 2552 D 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. eO TYPE OF INSURANCE POLICYNUMBER POLICYEFF•ECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/4Y) A GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 X COMMERCIAL GENERAL LIABILITY QAR625273 04/01/00 04/01/01 PRODUCTS•COMP/OP AGG $1,000,000 CLAIMS MADE x❑OCCUR PERSONAL&ADV INJURY S1,000,000 OWNERS&CONTRACTORS PROT EACH OCCURRENCE $1,ODD,000 FIRE DAMAGE(Any one tire) 5 100,Goa MED EXP(Any one person) 5 5,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 3 ANY AUTO QAR625273 04/01/00 04/01/01 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) 3 X HIRED AUTOS BODILY INJURY x NON-OWNEDAUrCS (Per accident) 5 PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO / / / / OTHER THAN AUTO ONLY. -•R— EACH ACCIDENT B AGGREGATE 3 EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM / / / / AGGREGATE 5 _ OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT S THE PROPRIETOW IIVCL DISEASE•POLICY LIMIT $ PARTNERE(EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE 3 OTHER DESCRIPTION OF OPERATIONS)LOCATIONSNEHICLES/SPECIAL ITEMS The Certificate Rolder +s named a,: an Addi"Qnal Sasured For CG2010 form attached. 5HOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Palm Springs 5, n DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: 22velyn Clark BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Post Office Box 2743 OF ANV KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Palm Springs, CA 9 '•l , , I1,,, , ,i ,',, ,(+, ,,,, .d � ' rn i' "' '•I' ' ' i' ,,, ' ,' ' l l Eip•/,' i T43 : AU HOBI>��VE�ATIVE� 2263 2 TA