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CONTRACT 4503 Professional Services Agreement CLOSEDAgreement No. 4503 Agreement No. CONTRACT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF EL SEGUNDO AND VERONICA TAM AND ASSOCIATES This AGREEMENT is entered into this 1st day of October, 2013, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "CITY ") and VERONICA TAM AND ASSOCIATES ( "CONSULTANT "). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed TWENTY -FOUR THOUSAND NINE HUNDRED THIRTY FIVE dollars ($24,935) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE OF SERVICES,. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated herein. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSULTANT must submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A ") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. Page 1 of 11 Agreement No. 4503 4. POLITICAL REFORM ACT. CONSULTANT agrees that it will be considered a public official subject to the Political Reform Act of 1974 for purposes of this Agreement. CONSULTANT agrees and warrants that it has no financial interests which may be materially affected by the project for which the Initial Study, as specified in the SERVICES, is being prepared. Such financial interests may include, without limitation, interests in business entities, real property, or sources of income exceeding $500 received within the past year. CONSULTANT further warrants that, before executing this Agreement, it reviewed the Political Reform Act of 1974 and the Fair Political Practices Commission regulations, including, without limitation, Chapter 7 of Title 2 of the California Administrative Code, Section 18700, et seq., in order to determine whether any conflict of interest would require CONSULTANT to refrain from performing the SERVICES or in any way attempting to use its official position to influence the governmental decisions underlying the subject environmental clearances. 5. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT represents that CONSULTANT has i. Thoroughly investigated and considered the scope of services to be performed; ii. Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT represents that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inform CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions are received from CITY. C. Although CITY has a duty to the public to independently review any environmental document, including, without limitation a negative declaration or draft EIR, prepared by CONSULTANT, that duty to the public, or the breach thereof, will not relieve CONSULTANT of its duties under this Section or any representation provided by CONSULTANT in this Agreement. 6. KEY PERSONNEL. A. CONSULTANT's key personnel assigned to perform work under this Agreement and their level of responsibility are as follows: Veronica Tam, AICP, Principal- in- Charge/Project Manager Page 2 of 11 Agreement No. 4503 Jessica Suimanjaya, AICP, Assistant Project Manager Andrew Pasillas, Associate Rick Brady, AICP, Associate Bill Trimble, Associate B. The resume of each of the individuals identified in this Section are attached to this Agreement, collectively, as Exhibit `B," and incorporated by reference. C. In the event CITY objects to the continued involvement with this Agreement by any of the persons listed in this Section, CONSULTANT agrees that it will replace such persons with individuals that are agreed to by CITY. 7. TERM. The term of this Agreement will be from October 1, 2013, to September 30, 2014. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A "; B. Termination as stated in Section 15. 8. TIME FOR PERFORMANCE. CONSULTANT will not perform any work under this Agreement until: A. CONSULTANT furnishes proof of insurance as required by this Agreement; and B. CITY gives CONSULTANT a written Notice to Proceed. C. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 9. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify CITY within forty -eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. CITY may, but is not required to, extend the completion time, when appropriate, for the completion of the contracted services. 10. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CITY. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 11. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. Page 3 of 11 Agreement No. 4503 12. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 13. PROJECT COORDINATION AND SUPERVISION. A. Veronica Tam, AICP, will be assigned as Project Manager and will be responsible for job performance, negotiations, contractual matters, and coordination with CITY's Project Manager. B< Kimberly Christensen, AICP, Planning Manager, will be assigned as CITY's Project Manager and will be personally in charge of and personally supervise or perform the technical execution of the Project on a day -to -day basis on behalf of CITY and will maintain direct communication with CONSULTANT's Project Manager. 14. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 15. TERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. Notice of termination will be in writing. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and equitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section 1(C). D. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. E. By executing this document, CONSULTANT waives any and all claims for damages that might otherwise arise from CITY's termination under this Section. Page 4 of 11 Agreement No. 4503 16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 17. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or city without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 18. INDEMNIFICATION. A. CONSULTANT agrees to the following: , Indemnification for Professional Services. CONSULTANT will save harmless and indemnify, and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives (including reasonable attorney's fees), from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers, agents, employees, or representatives, in the performance of this Agreement, except for such loss or damage arising from CITY's sole negligence, active negligence or willful misconduct. ii.. Indemnification for other Damages. CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney's fees), injuries, or liability, to the extent resulting from CONSULTANT's negligence or other wrongful conduct, arising out of this Agreement, or its performance, except for such loss or damage arising from CITY's sole negligence, active negligence or willful misconduct. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. Page 5 of 11 Agreement No. 4503 iii. Exclusion for CEQA Actions. Notwithstanding the foregoing, CONSULTANT need not indemnify, defend, or hold CITY harmless in CEQA actions initiated pursuant to Public Resources Code §§ 21167 and 21168 where CONSULTANT's work may form the basis of a lawsuit. However, should CONSULTANT's work, as contemplated by this Agreement, contain errors or omissions that results in an adverse ruling against CITY, CONSULTANT agrees to indemnify and hold CITY harmless to the extent provided for in Section 18(A)(i). B. For purposes of this section "CITY" includes CITY's officers, officials and employees. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 22, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 19. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 20. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 21. AUDIT OF RECORDS. A. CONSULTANT agrees that CITY, or designee, has the right to review, obtain, and copy all records pertaining to the performance of this Agreement. CONSULTANT agrees to provide CITY, or designee, with any relevant information requested and will permit CITY, or designee, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this Agreement. CONSULTANT Page 6 of 11 Agreement No. 4503 further agrees to maintain such records for a period of three (3) years following final payment under this Agreement. B. Upon inspection, CONSULTANT will promptly implement any corrective measures required by CITY regarding the requirements of this Section. CONSULTANT will be given a reasonable amount of time to implement said corrective measures. Failure of CONSULTANT to implement required corrective measures will result in immediate termination of this Agreement. C. CONSULTANT will keep all books, records, accounts and documents pertaining to this Agreement separate from other activities unrelated to this Agreement. 22. INSURANCE. A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Commercial general liability: Professional Liability Business automobile liability Workers compensation Limits combined single) $1,000,000 $1,000,000 $1,000,000 Statutory requirement. B. Commercial general liability insurance will meet or exceed the requirements of the most recent ISO -CGL Form. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Commercial General Liability policy will be endorsed to name City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by City will be excess thereto. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to City. C. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 0106 92, including symbol 1 (Any Auto). D. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to maintain the insurance in effect for a period of three (3) years after this Agreement expires or is terminated ( "extended insurance "). Such extended insurance will have the same coverage and limits as the policy that was in effect during the term of this Page 7 of 11 Agreement No. 4503 Agreement, and will cover CONSULTANT for all claims made by City arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. E. CONSULTANT will furnish to City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by City from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:VII." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, City may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate. 23. USE OF CONSULTANT. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 24. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 25. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: CITY Kimberly Christensen, Planning Manager City of El Segundo Planning & Bldg Dept 350 Main Street El Segundo, CA 90245 -3813 Fax: (310) 322 -4167 CONSULTANT Veronica Tam, AICP Veronica Tam and Associates 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CA 91105 (626) 304 -0440 Fax: (626) 304 -0005 Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 26. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, Page 8 of 11 Agreement No. 4503 commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 27. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 28. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County or in the Federal District Court in the District of California in which Los Angeles County is located. 29. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There are three (3) Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 30. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: Proposal for Services /Scope of Work and Budget; and B. Exhibit B: Resumes. 31. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. 32. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 33. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's city manager, or designee, may execute any such amendment on behalf of CITY. 34. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection Page 9 of 11 Agreement No. 4503 with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 35. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 36. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 37. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' control, then the Agreement will immediately terminate without obligation of either party to the other. 38. TIME IS OF ESSENCE. Time is of the essence to comply with dates and schedules to be provided. 39. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public agency. [Signatures on next page] Page 10 of 1 I Agreement No. 4503 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. S�E NDO �- .......... ..... y (,"�y Cl APPR( MARK 0 Veroiybca TaiP/and,,'As loci ates Veronical'arn 'I'axpayer ID No. 45-57-376486 Page I I of I I Agreement No. 4503 Exhibit A Agreement No. 4503 VERONICA TAM AND ASSOCIATES September 26, 2013 Tina Gall, CDBG Program Consultant City of El Segundo 350 Main Street El Segundo, CA 90245 Subject: 2013 -2021 El Segundo Housing Element Update Dear Ms. Gall: Veronica Tam and Associates (VTA) is pleased to submit the attached proposal to prepare the City of El Segundo Housing Element Update for the 2013 -2021 cycle. Pursuant to SB 375, the 2013 -2021 Housing Element for El Segundo must be adopted by October 15, 2013 or within 120 days of that statutory deadline (by February 12, 2014) in order to qualify for an eight -year Housing Element cycle. By adoption, State law requires that the City consider HCD findings on the Draft Element. Therefore, the City must have completed at least one 60 -day round of HCD review prior to adoption of the Housing Element. Given these criteria, it would be highly unlikely that the City could meet this timeline. Our proposal includes an aggressive approach that may bring the City in compliance within the timeline. We look forward to working with the City. Please let us know if you have questions or require additional information. 107 S. Fair Oaks Avenue, Suite 212 P (626) 304 -0440 Pasadena, CA 91105 F (626) 304 -0005 Agreement No. 4503 Tina Gall September 26, 2013 Page 2 of 8 Scope of Work Task 1: Housing Element Assessment Task >. >: Evaluate the Current Housing Element We will evaluate the effectiveness and appropriateness of the housing programs contained in the 2006 -2014 Housing Element. This section will: Compare identified goals from the adopted Housing Element to actual accomplishments during the planning period; Evaluate the existing Housing Element's compliance with applicable statutes and current State housing laws and identify any omissions or deficiencies; and ■' Include a discussion of the effectiveness of the City's housing programs and policies. We anticipate staff providing input on progress in implementation. Information may be available from the City's annual reports to HCD. We assume that the City has not yet made the zoning revisions necessary to comply with SB 2 requirements (emergency shelters, transitional housing, and supportive housing). Therefore, the City will not be eligible for HCD's new Streamlined Review process. Task 2: Prepare Housing Element Components Task2. I. Needs Analysis We will prepare a complete housing assessment and needs analysis consistent with State Housing Element law and HCD's new Completeness Review Checklist. The Housing Needs Assessment will contain the following topics to satisfy Government Code Section 65583(a) and meet SB 375 requirements: • Demographics, Income, and Employment Trends: This section will also include an accompanying analysis of the existing and projected share of regional housing needs for all income levels. • Household Characteristics: This section will also discuss housing cost, affordability and market conditions (including overcrowding and overpayment). • Housing Stock Characteristics: An analysis of the condition of the existing housing stock as well as existing assisted housing developments which are eligible to change from low income housing uses during the next ten years (i.e. at -risk housing). • Analysis of Special Housing Needs: Special housing needs of seniors, large households, female- headed households, persons with disabilities (including persons with developmental disabilities per SB 812), the homeless, farmworkers, and extremely low income households. • Energy Conservation: An analysis of opportunities for energy conservation. The City's current 2006 -2014 Housing Element contains only 2000 Census and 2007 estimates. This 2013 -2021 Housing Element will be prepared with 2010 Census, American Community Surveys, and other updated demographic and housing market information. Task 2.2. Housing Resources and Opportunities VTA will identify housing resources in the City and prepare an "adequate sites analysis" showing the relationship between the City's RHNA allocation and the dwelling unit capacity and 107 S. Fair Oaks Avenue, Suite 212 P (626) 304 -0440 Pasadena, CA 91105 F (626) 304 -0005 Agreement No. 4503 Tina Gall September 26, 2013 Page 3 of 8 availability of potential housing sites based on zoning and General Plan policies, requirements, and limitations. The City's new RHNA is 69 units: 18 very low income units; 11 low income units; 12 moderate income units; and 28 above moderate income units. We anticipate fulfilling much of the RHNA using sites identified for the 2006 -2014 Housing Element. However, the sites inventory must be updated to reflect sites that are no longer available. Financial and Adminisbative Resources VTA will summarize the City's financial and administrative resources available in the delivery of affordable housing programs. Opportunities for Energy Conservation Pursuant to the Global Warming Solutions Act (AB 32), the Housing Element will review of opportunities for energy conservation and green building initiatives. Task 2.3.- Housing Constraints As necessary, VTA will update the discussions on governmental and non - governmental constraints to housing production. We assume the City has not yet amended its Zoning Code to address SIB 2 requirements (emergency shelters, transitional housing, and supportive housing). The Housing Element will provide a timeframe for meeting the SIB 2 requirements. Task2.4.• lmplementahbn Plan and Quantified Objectives We will update this section to include appropriate housing goals, policies, programs, and realistic quantified objectives regarding the production, conservation, maintenance, preservation, and improvement of housing. Task 3: Prepare and Finalize Housing Element Task 3.1.• Draft Housing Element We will prepare a Draft Housing Element for review and comment by City staff. The Draft will be a complete draft and include all of the required components of a Housing Element as described in Tasks 1 and 2. The Draft will be revised to address comments from staff to formulate the Public Review Draft. Deliverables: • Staff Review Draft Housing Element (electronic copy) • Public Review Draft Housing Element (electronic copy) • HCD Review Draft Housing Element (1 hard copy) • HCD Completeness Review Checklist (one hard copy) Task 3.2.• Outreach and Public Hearinns Housing Element law requires that the City demonstrate outreach efforts in developing the draft Housing Element. HCD interpretation of this requirement is that special efforts are needed to outreach to lower and moderate income households and persons with special needs. Given the extremely tight timeline, we recommend the following approach and schedule for the Housing Element update: 107 S. Fair Oaks Avenue, Suite 212 P (626) 304 -0440 Pasadena, CA 91105 F (626) 304 -0005 Agreement No. 4503 Tina Gall September 26, 2013 Page 4 of 8 u_ ..... _ ... . Timeline .......... ............................... Task Housing Element Update October - November 2013 - VTA to repare_HousingmmmElement update Planning Commission /Public Workshop November 21, 2013 - Obtain public input on needs and programs. - VTA to incorporate public comments into Draft Housing Element. Housing Element to HCD for 60 -day review and November 22, 2013 - January 21, 2014 public review - VTA to send Draft Housing Element to HCD CEQA - IS /ND November - December 2013 - VTA to prepare IS /ND - City to distribute and file IS /ND Planning Commission Adoption Hearin January 23 2014 City Council Adoption Hearing February 4 2014 This aggressive timeline is contingent upon contract initiation no later than October 1, 2013 and timely receipt of data and staff comments. Task 3;3• t.lalsov? to tie rtmeet of HoLsl MmWQqwffl uni Qgye meat HCD review of the Housing Element is divided into two stages - review of the Draft Housing Element (60 -day review period) and review of the Final Adopted Housing Element (90 -day review period). Typically, our approach to the Housing Element update is to seek HCD certification of the Draft Housing Element prior to adoption by the City. This way, we can avoid the need to amend the Housing Element should the level of commitment contained in the adopted Element not be acceptable to the State. The updated Housing Element will be submitted for HCD review for the mandatory 60 -day review. We will work with staff to address HCD comments. All revisions will be prepared in "track changes" mode to focus HCD reviews on changed text. Our goal is to obtain a "Finding of Substantial Compliance" on the Draft Housing Element within one round of HCD review. Task 3.4.• Final Housing Element VTA will prepare a Final Housing Element that will incorporate the changes to the Draft Housing Element as required by HCD and City staff and officials. Housing Element adoption is required to occur by October 15, 2013. If the Housing Element is not adopted within 120 days of the October 15, 2013 deadline (i.e., by February 12, 2014), the City must review and revise the Housing Element every four years. Given the extremely aggressive timeline, VTA cannot guarantee securing a Finding of Substantial Compliance upon conclusion of the first round of HCD review. SB 375 mandates ado Lion of the tLousM Element w1t in 120 da of tine statuto 7L, -b - 5ebruaty _1 2014); certification for compliance is not a requirement.. Therefore in the event that additional revisions are still necessary to address HCD concerns, we can provide the revisions prior to the Council adoption hearing or after the Element is adopted (which necessitates readopting the Element at a later date). Deliverables: ■ Final Housing Element (electronic copy and 20 hard copies) 107 S. Fair Oaks Avenue, Suite 212 P (626) 304 -0440 Pasadena, CA 91105 F (626) 304 -0005 Agreement No. 4503 Tina Gall September 26, 2013 Page 5 of 8 Task 4: Environmental Clearance (Optional) Our scope and budget anticipate CEQA review for the 2014 -2021 Housing Element will consist of an Initial Study /Negative Declaration. We assume we can modify the IS /ND for the 2006- 2014 Housing Element with limited changes. Our budget does not include distributing or processing of the IS /ND. The City may also consider clearing the Housing Element with an exemption under CEQA. Deliverables: • Draft IS /ND (electronic copy) • Final IS /ND (electronic copy) Cost Proposal Below is our best estimate for the fee to complete the Housing Element update for the 2013- 2021 planning period. Qualifications and Experience Veronica Tam and Associates, Inc. (VTA) is a California corporation with its office in Pasadena, California. VTA was established in November 2005 and has since been providing housing and community development consulting to local jurisdictions throughout California. The person authorized to negotiate contract conditions for the company is: 107 S. Fair Oaks Avenue, Suite 212 P (626) 304 -0440 Pasadena, CA 91105 F (626) 304 -0005 I dill of t .. Task $13 5 00 1.0 Housing Element Assessment 1.1 Evaluate the Current Housing Element 1.0 1.0 6.0 655 Subtotal: 1.0 1.0 6.0 _$ $ 655 mmw 2.0 _....�........ Prepare Housing Element Components ..... 2.1 Needs Analysis 4,0 32.0 40.0 $ 6,540 2.2 Housing Resources and Opportunities 2.0 12.0 2.0 $ 1,610 2.3 Housing Constraints 4.0 20.0 $ 2,540 2.4 Implementation Plan 4.0 6.0 $ 1,140 Subtotal: 14.0 70.0 42.0 $ 11,830 3.0 Public Review Draft Housing Element 3.1 Draft Housing Element 4.0 8.0 2.0 $ 1,480 3.2 Outreach and Public Hearings Planning Commission Workshop (1) 4.0 4.0 $ 820 Public Hearings to Adopt Draft Housing Element (2) 8.0 2.0 $ 1,220 3.3 Liaison to Department of Housing and Community Development 16.0 20.0 $ 4,160 3.4 Final Housing Element 2.0 $ 200 Subtotal: 32.0 30.0 8.0 1 $ 7,880 4.0 CEQA Compliance (Optional) 4.1 Staff Review Draft IS /ND 2.0 32.0 $ 3,470 4.2 Final Draft IS /ND 2.0 $ 200 Subtotal: 2.0 34.0 $ 3,670 Miscellaneous (mileage, postage) $ 900 Total All Tasks 1 49.0 135.0 56.0 $ 24,935 Qualifications and Experience Veronica Tam and Associates, Inc. (VTA) is a California corporation with its office in Pasadena, California. VTA was established in November 2005 and has since been providing housing and community development consulting to local jurisdictions throughout California. The person authorized to negotiate contract conditions for the company is: 107 S. Fair Oaks Avenue, Suite 212 P (626) 304 -0440 Pasadena, CA 91105 F (626) 304 -0005 Agreement No. 4503 Tina Gall September 26, 2013 Page 6 of 8 Veronica Tam, AICP, Principal Veronica Tam and Associates, Inc. 107 S. Fair Oaks Avenue, Suite 212 Pasadena, CA 91105 P: (626) 304 -0440 F: (626) 304 -0005 Veronica.Tam @vtaplanning.com Our services include: • Housing Element updates • Zoning revisions for housing - related issues • Environmental clearance for housing - related plans and projects • HUD Consolidated Plan, fair housing studies, and related reports • HUD Grants administration and technical assistance Our strengths are: Excellent reputation in the area of housing policy planning in terms of the quality of our works and our client- oriented attitude. We are often praised by our clients for our prompt and knowledgeable responses. ■ Excellent relationship with HCD staff. We collaborate closely with HCD in designing innovative approaches to address specific issues. ■ Breadth of experience in our housing services. In addition to Housing Elements, we also have experience in preparing other state and federal housing reports, such as Housing Element annual HCD reports, Consolidated Plans, Fair Housing studies, grants applications, and environmental clearance. We also provide grants administration services and are familiar with the regulations governing various housing funds. Diversity and expertise of our staff. We have seasoned housing planners with experience in both the private and public sectors. Our clients range from small communities (such as the cities of Del Mar and Avalon) to large metropolitan areas (such as the City and County of Los Angeles). Following is a sample list of our projects within the last few years. 107 S. Fair Oaks Avenue, Suite 212 P (626) 304 -0440 Pasadena, CA 91105 F (626) 304 -0005 Agreement No. 4503 Tina Gall September 26, 2013 Page 7 of 8 Housina Elements • Alhambra ■ Glendora ■ Rancho Santa Margarita • Arcadia ■ Hawthorne ■ Redondo Beach • Bell Gardens ■ Hayward ■ Rocklin • Buena Park ■ Hesperia ■ San Diego County • Camarillo ■ Hercules ■ San Marcos • Carlsbad ■ Irvine ■ San Ramon • Chino ■ La Canada Flintridge ■ Santee • Corona ■ La Mesa ■ Seaside • Coronado ■ Lawndale ■ Simi Valley • Costa Mesa ■ Lomita ■ South Gate • Del Mar ■ Long Beach ■ Tracy • Dublin ■ Los Angeles County ■ Upland • El Cajon ■ Modesto ■ Vista • Escondido ■ Monterey County ■ Walnut • Garden Grove ■ Port Hueneme ■ West Hollywood All Housing Elements prepared by VTA have received HCD certification. Consolidated Plans • Alhambra • Apple Valley/Victorville • Buena Park • El Cajon • Garden Grove • Glendora ■ Huntington Beach • Orange County 0 Lake Forest ■ Sacramento City • La Mesa • Sacramento County • Long Beach • San Bernardino • Monterey County • Simi Valley ■ National City • Ventura County Housing Ordinances • Carlsbad Zoning Code - Technical Assistance • Hayward Zoning Code - Technical Assistance • Lomita Density Bonus Ordinance • Marina Inclusionary Housing and Affordable Housing Ordinances • Port Hueneme Zoning Code Amendments • South Gate Zoning Code - Technical Assistance Analysis of Impediments to Fair Housing Choice • Alhambra ■ Los Angeles ■ San Bernardino • Apple Valley/Victorville ■ Long Beach ■ San Diego County • Chino ■ Monterey County ■ Ventura County Grants Administration Assistance • Alhambra • Glendora • Camarillo ■ Huntington Beach 107 S. Fair Oaks Avenue, Suite 212 P (626) 304 -0440 Pasadena, CA 91105 F (626) 304 -0005 Agreement No. 4503 Exhibit B Resumes Agreement No. 4503 Tina Gall September 26, 2013 Page 8 of 8 Staffing Veronica Tam, AICP, will be the Principal -in- Charge and Project Manager for the El Segundo Housing Element and will oversee preparation of the Draft Housing Element, the Public Participation Program, and HCD Review. Veronica Tam has expertise in the areas of housing policy development and community development planning. She has 20 years of experience preparing a range of housing and community development plans and studies. Specifically, she has prepared more than 100 Housing Elements for communities throughout California. Most recently, she completed the Housing Element for the cities of Coronado, La Mesa, Escondido, Imperial Beach, and Vista, which achieved HCD certification for the fifth Housing Element cycle. Jessica Suimanjaya, AICP, will be the primary staff working with Ms. Tam on the El Segundo Housing Element update. She has assisted with Housing Element updates for Hayward, Hesperia, Irvine, Redondo Beach, Simi Valley, and Monterey County, among others. She is currently completing work on the Corona, El Cajon, ,and Camarillo Housing Element updates. Ms. Suimanjaya has been involved in all aspects of the Housing Element update and is familiar with the use of 2010 Census, American Community Surveys, HUD Comprehensive Housing Affordability Strategy, and Home Mortgage Disclosure data in analyzing housing market conditions in a community. Andrew Pasillas will assist in the preparation of the El Segundo Housing Element. Since joining VTA in February 2012, Mr. Pasillas has participated in several housing projects, including the Analysis of Impediments to Fair Housing Choice and Consolidated Plan for the Apple Valley/Victorville Consortium, and Housing Element updates for the cities of El Cajon and Corona. Rick Brady, AICP, has more than 10 years housing planning experience in both the public and private sectors, including over 40 Housing Elements since 2001. During his employment at CBA, Mr. Brady worked with Veronica Tam extensively in completing a variety of housing studies, including Housing Elements, fair housing studies, and Consolidated Plans. As part of his public sector experience with the City of Santee, he also drafted housing - related ordinances to address residential care facilities, transitional housing, second units, and density bonus incentives. Mr. Brady will provide support in the constraints analysis and technical editing. Bill Trimble has experience as a public sector planner for more than 20 years. His work has focused on community -based planning. In the City of Pasadena, he was responsible for updates of the City's Housing and Land Use Elements, as well as for various major development projects and housing - related zoning code amendments. 107 S. Fair Oaks Avenue, Suite 212 P (626) 304 -0440 Pasadena, CA 91105 F (626) 304 -0005