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14-142 LeSar Development Consultants for 2015-2020 Consolidated Plan Update OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE:(408)777-3223•FAX: (408)777-3366 C P E RT O N® WEBSITE:www.cupeitino.org August 21, 2014 LeSar Development Consultants LDC 2410 First Avenue San Diego, CA 92101 Re: Agreement for consultant services. A fully executed copy of the agreement for consultant services with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Community Development Department at (408) 777-3308: Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Community Development AGREEMENT BETWEEN THE CITY OF CUPERTINO AND LESAR DEVELOPMENT CONSULTANTS (L DQ FOR CONSULTANT SERVICES FOR 2015-2020 CONSOLIDATED PLAN UPDATE f r THIS AGREEMENT, for reference dated August 1, 2014, is by an­d7 between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and LeSar Development Consultants (LDC), a California corporation whose address is 2410 First Avenue, San 1Diego, California 92101 (hereinafter"" . referred to as "Consultant" and is made with reference to the following: 74- ), g RECITALS: A. City is a municipal corporal-ion duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino MunicipZLI Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire ��o enter into an agreement for upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on August 1, 2014, and shall terminate on Tune 30, 2015, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit"A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit "B" which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn Page 1 of 20 on the treasury of the City, to be taken from the 265-7405 fund. For the full performance of this Agreement, CITY shall pay CONSULTANT: $29,390.00. Payment will be made by the City on a reimbursement basis each month. The Consultant shall submit a monthly invoice with supporting documentation to the City. Upon receipt of the monthly:invoice from the Consultant the City will review the invoice along with supporting documentation. Only upon satisfactory review of the invoice and supporting documentation will the City disburse funds to the Consultant. 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or :regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, Unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items;, if required, are the responsibility of Consultant. 7. IMMIGRATION REFORM: AND CONTROL. ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any Page 2 of 20 noncompliance of this provision by Consultant. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Indemnification: Consultant shall, to the fullest ext=ent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. A. Claims for Professional Lia.bili Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection ivith the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and.volunteers from and against: any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any parson or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or w=illful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of Page 3 of 20 litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any , and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. 10. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 9A, B, C, ID and E. Such certificates, which do not limit Consultant's indemnification, shall calso contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the Expiration date thereof, the insurer affording coverage shall provide thirty (3o) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensai.ion: Statutory coverage as :required by the State of California. (2) Liabi Page 4 of 20 Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 Each occurrence la,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $400,000 each occurrence or Combined Single Lirnit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. B. SUBROGATI®N WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on beha If of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant inay acquire against City by virtue of the payment of any loss unde=r such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shell be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL. INSURED: Page 5 of 20 City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible Portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 11. CONFLICT OF IN'T'EREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 12. PROHIBITI®N AGAINST TRANSFERS: Consultant shall not assign, subleaee, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. Page 6 of 20 13. SUBCONTRACTOR APPROVAL,: Unless prior written consent from 12'ity is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Consultant, at his/her sole expense,, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. ° B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to Page 7 of 20 any individual or organization by Consulltant without prior approval by City. 16. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or a]:)provals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Senior Housing Planner All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Page 8 0l'20 LeSar Development Consultants 241.0 First Avenue San Diego, California 92101 Attn: President 18. NONDISCRIMINATI®N Consultant certifies and agrees that he/she will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F.R. Section 60-741, et. seq.), in accordance with requirement of state or federal law. Consultant shall take affirmative action to ensure that qualified applicants are employed and that employees are treated during employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap in accordance with requirements of state and federal law. Such shall include, but not be limited to, the following: A. Employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation. B. Selection for training, including interns and apprentices. Consultant agrees to post in conspicuous places in each of Consultant's facilities providing services hereunder, available and open to employees and applicants for employment, notices setting; forth the provisions of this nondiscrimination clause. Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirements of state and federal law. Consultant shall send to each labor union or representative of workers with which'he/she has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of Consultant's commitments under this paragraph. Consultant certifies and agrees that he/she will deal with his/her subcontractors, bidders, or vendors without regard to race, color, religion, national origin, ancestry, sex, age, or condition of physical or mental handicap, in accordance with requirement of state and federal law. In accordance with applicable state and federal law, Consultant shall Page 9 of 20 allow duly authorized county, state and federal representatives access to his/her employment records during regular business hours in order to verify compliance with the anti-discrimination provisions of this paragraph. Consultant shall provide such other information and records as such representatives may require in order to verify compliance with the anti-discrimination provisions of this paragraph. If the City finds that any of the provisions of this paragraph have been violated, the same shall constitute a material breach of Agreement upon which City may determine to cancel, terminate, or suspend this Agreement. City reserves the right to determine independently that the anti-discrimination provisions of this Agreement have been violated. In addition, a determination by the California Fair Employment Practices Commission or the Federal Equal Employment Opportunity Commission th;at Consultant has violated state and federal anti-discrimination laws shall constitute a finding by City that Consultant has violated the anti-discrimination provisions of this Agreement. The parties agree that in the event consultant violates any of the anti- discrimination provisions of this paragraph, City shall be entitled, at its option, to the sum of$500.00 pursuant to California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or suspending this Agreement. Consultant hereby agrees that he/she will comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794), all requirements imposed by the applicable regulations (45 C.F.R.), and all guidelines and interpretations issued pursuant thereto, to the end that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of Consultant receiving Federal Financial Assistance. In addition, Consultant shall comply with the Uniform Federal Accessibility Standards, and Contractor, Engineer, or Architect responsible for any design, construction or alteration shall certify compliance with those Standards. Consultant's attention is directed to laws, including but not limited to: A. CIVIL, RIGHTS/EQUAL OPPORTUNITY (1) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, no person shall, on the grounds of race, sex, religion, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (2) Section 109 of the Housing,and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be Page 10 of 20 subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or activity funded in whole or in part with funds made available pursuant to the Act. B. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES This Agreement is subject to laws and regulations concerning the rights of otherwise qualified individuals with handicaps for equal participation in, and benefit from federally assisted programs and activities, including but not limited to: (1) Americans with Disabilities Act of 1990 (ADA) (28 CFR 35). Title II, Subpart A of the Americans with Disabilities Act of 1990 applies to all publicly funded activities and programs. Consultant shall also comply with the public accommodations requirements of Title III of the ADA, as applicable. (2) Nondiscrimination on the Basis of Handicap (24 CFR 8, . These regulations, which implement Section 504 of the Rehabilitation Act of 1973, as amended, and as cited in Section 109 of the Housing and Community Development Act, apply to all federally assisted activities and programs and are implemented through the regulations at 24 CFR 8. (3) Architectural Barrier Act of 1968. Any building or facility, excluding privately owned residential structures, designed, constructed, or altered with federal funds, shall comply wii:h the Uniform Federal Accessibility Standards, 1984 (41 CFR 3) and the Handicapped Accessibility Requirements of the State of California Title 24. The Consultant, Engineer or Architect responsible for such design, construction or alteration shall certify compliance with the above standards. (4) In resolving any conflict between the accessibility standards cited in paragraphs (1), (2) and (3) above, the more stringent standard shall apply. 19. TERMINATI®N: In the event Consultant fails or refuges to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by Page 11 of 20 giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prier to the effective date of termination. 20. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 21. CONFLICT OF LAW: This Agreement shall be interpreted. under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 22. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: A waiver by City of any breach of arty term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 25. INSERTED PROVISIONS: Page 12 of 20 Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 26. CAPTIONS: The captions in this Agreement arE! for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Page 13 of 20 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO LeSar Development Consultants A Municipal Corporation Jennifer LeSar Cary Chao By:de- resident Ti TitI4 ssi ant Director of Community Development 7 ) "� * Date m Li ate: '?� `�i ,� ' e APPROVED AS TO FORM: ' of Korade, City Attorney ATTEST: Grace Schmidt, City Clerk EXPENDITURE DISTRIBUTION ACCOUNT NUMBER .AMOUNT 265-7405-9345 PO# Original Contract: $29,390.00 Total: $29,390.00 Page 14 of 20 Exhibit A Scope of Work Five Year Consolidated Plan "Croup., Work Plan-updated'711-7114 Prepared for City of Cupertino :+'ork Pllan Overview Our proposed Consolidated Planning process viill builld upon the jurisdictions current Consolidated Plan,Action Plan.,Aan,alrsis of Innpediments to,Fair Housiinl;,''o using Element,and other strategic plains as a baseline,assess their housing and community development needs;,and recommend a pathway to adopt and achieve the it goals by adopting.strategi,c and actionable countyWide priorities. 'To meet the jurisdiction's goals and achieve a desirabl-e work product,we,,,,,Rll employ a collaborative, research-driven approach that ennphas'izes efficient data,_ollection and analysis,extensive community outreach,and agency coordination while working closely YAth staff through:all.stagges of the process. Our proposed process for this engagement _an be achieved in a seven month timeline; and balanceSr local context research with the need for an efficient and focused.approach. We will fulfill the completion of ail required.products and services idendfied wwile adhering to a_stldct timeline,with the final deliverable of all HUD-required and optional sections'(;'per re rulation 24 CR.F Fart'91),of the Executive Summary,Weeds Assessment, Market Analysis_,.:Strategic Flan,and First Year Action;Plan chapters of the 20115-2020 Consolidated:?lan.All documents wvill be supplied in both %,VoTd and P'DF,?.JPG formats.and,when applicable,wi i allcr.ev for easy submission t0 HUD-throu gb the IDES eConsohd'ated Planning Suite..(See Conisollidated Plank Cha pier IDeHyerables at the end&this work plan for a last of the chapters,we- complete under this:scope). AdditionaNly,we b+Al adhere to the follow ring meeting scti-dine: • one(t)presentation to City Council for i_onsol'idaled Plan adoption Workk. Plan Timeline Data Collection and Preparation.0f Plans (Oct-Jan 2015) •• Task Cr Enhanced Needs&-sessmen irl,rke£McaNs:s. (Oct !Dec2GT4) •.• Task G.2:Strat .gic.Pf an an+cd f=irst YearAdrion Nan (Dec-Jan 209.5) Finalization of Flans Feb-.Al2r-_3a'S' Task C,:aoa:Drca'f Consolidated Man and Action Plain (Feb 011,) s• Task On 3o-Day.RA.64C Ccarnna ent.Period (Feb toy 5) =.• 'Task 12::Pubbc i'jera:rrrrg to Cwasider an 'Adopt Mans (Feb-mar 201:5) Niace:rhere are several opr-J +nal�-elds iincludied in ID115.to help the;grantee create.a ber_teir opiwam narrative srructure and co make the;plan irr�ore readtbla.[--wexarn;pG�,semerat screeras have inarra,tiole Melds labeled 41 Introduction"and °'Discu:ssfon.1 ocher fields,vrh►1ie r,arire<quired.specifacailly by regutatibrr,are indluded to help the grancee anal.,Yze the dace presented. Page 15 of 20 Five Year Consolidated Plan "vroUp 2"Wbrk Plan-Updated 7117114 Prepared for City of Cupertino ':• Task C.4.FiPbaf Corn'o id atecl Plan and Action Pfun in,r H U (Apr 2015 • Task G5:e-Co,nsoirda teed Planalig S "it WJDj ad (Apr 2015) Technical Assistance to JuHsdicticyn Staff (Unto]HUD A1212rpved) *:* Task G& Technicul!Support and Guidance to Staff (until HUD Approved) Work Phan Detai.1 In the tollo ing pages,we provide a more detailed account.of the course of action suggested by our team.,a tcmeldne for completion,and the cl-eliverablies submitted for each task of the;proposed:work plan. Data CoHectnoa and Pr€pvcaration o f Plaanns (October-January 2015) Task Ga.Enhanced iNie .ds ssessn-pent and Market Anahmis(Octaber-'Novembeer 1114) Our team w dl complete the optional fields for the Reeds Assessment and M.arket Analysis chapters of the Consolidated Man:,which are included in I'DIS to.help the grantee create a better overall narrative struac-t!ure and to malwe the plan more readable. For example,several screens have narrative fields labeled"Introduction".and"Discussion."These fields,while not required specifically by regulation,will be included to help the grantee analyze the data presented. Note:For cost savings,completion of the required fields will be,discussed.in a separate scope of work. :Deliverable.IFinal Draft Needs Assessment.and,Market Analysis chapters of the consolidated Plan Task,G,--):Strategic Plan an,d'Action(Plan(December--January 1015) Utilizing the quantitative and qualitative data collected.throughout the process,our team wil'I work v4th the jurisdiction to identify"countywide aIlocation ipaiorfbes,,along.With actionable goals and metrics to be achieved during-the five-year Consolidated Plan timefr me.Naps will be prepared that identify,'existing community:assets in these priority areas,and which represent strate c development opportunitiesr:inc hiding existing infrastructure and public and private facilities,and proximity to transit. The goals,priority needs,and chosen metrics vi fl be incorporated into the Consolidated Plan's Strategic(Plan and Action Plans,as well.as the Uniform Application and Monitoring Page 16 of 20 Five,Year Consolidated Plan "CTOu.aP?"%N-ork.Plan-Updated 711,7114. Prepared for Cit�r of Cupertino Forrn to be developed in Task.R.The Strategpc Pladn and Action Plan will be in-alignment with identifiied priorities and outline the housing and community dievel:opment activities the jurisdictions will fund.. • Defivercable.Strategic Plan and Action Plan chapters of the Cronsol!ic[a€ed RI,an Finalization of Plans _ (January ri1.201S). Objective.:The third major component of this process is the finalization of all planning+docu.arnen€s.. Task G_j:,born%!Draft C+onsol!idated Plan(February 20115 Our team will incoppora€e all final feedback:received frorn the first draft and defh,,er the final Consolidated Flan to the ju.criscdiction.'Th e 1 00%,dra�R YWE be iinrclush a of the'Str teglc Flan and Action plan.,1.Ell iincl ude.any-and,all requested reVLsi1ons,and be.presented;iin a Iomia€that allows for-easy inpu€into the:e Cons cal idate;d Planning Sul ite.The 1 o-6%Draft Will be rn a de ay. i:laib'le for public review-and:comment., • :D€Nverable.a00%!Dra,ft Consolidated Plan Task la:-3&0ay Public Comment Period(Febru,ary:iot O Task I;;:Pubtic H;ea:rinos and Adoption of Plans i(Ft'bruary-March.2015) Task,C,4 Final,Conisoliidated Plan amid Action(Plan,fgr'Sa bmii'ssion to HUD(Aipril':2015) Task-G5:: eConsoliida ed'Manniing Suite Consoliidat- IPfa .''Action Flan tlp!I�c�ad_(April 2015) The required pu.eblkc-comment peuibd for the Conslciliid,ated Plain.and Action Plan will begin in February2lcy15,.Our team:will c6llect,compile,and h corporate comments receive{d during the public comment period.as.needed.Biased on the feedback.collected through the public re%iex pe:riod,,,.%fe_,,%dEl make edits,attach all comments,and prow de,participating jurisdicitions with a:final Con:solidated'Plan and Acticin.Plan for review and final feedbarck. ''Final feeadlback.and edits w fl]be gathered and change incorporated into the-final Plans for City Ceo!undl adoption,.Feedback that,requires or sc.Alicits a:response,#%ill be fom,arded to staff within.+8 hours for response,. Our team will attend one(a)public_hearing to adopt the Consoli liated Plan.At this meeting, we will'be responsible for all presentations before!pity Council and jurisdiction staff VAI provide assistance and participation. We recommend jurisdiction staff also prowiide individual briefings to Councilmernbers prior to hearings as needed:. Lastly, LDC wwil l'be responsible for uploading and:sulomRting the electronk Consohdated Plan and action Flan:to H cJ D in April 2:x1,5..Ail:additional c nten€in the form of,o€tier lia€a,maps, Page 1 of 20 Five Year Consolidated Plan "'Group "."Work Plan-Updated 711.711,4 Prepared for City of Cupertino pictures.,,test,and tables Krill be conipilepd,organi2:ed,and exported to the proper format to ensure that it meets the riecessary standards for scucce:ssfur6 upload. Deliverable.- (a 'Spun-urnary and incorporation of comn-tents received i. Final Consofidated Plan and Action!Plan for sa bmii:ssion to H!UD via eConso3;lidated Planning.Suite eCons-611 dated Planning:Smite iitpload of Consolidated plan and.Action Plan and:sdbm ission to HUD Technical Support to Jun'isd'iction.Sta f �(Untif Appro ved bey RVD�) objective.The last stage,cf our process in dilevelopiu g the Consolidated Plan and ActIon Plan for the par-ticipating jurisdictions Nail be to providde ongoan,g techr ui'caI,assistance and,guidance to staff until the Plans are approved by HUD. This'indudes providiing wodifications to the documents as needed to gain HU'D approval.our teani will also be avai la ble to respond to staff far questions and concerns.. Task G6.Technical Support and Guidance to Jurischiction Staff(Until HUD Approved)- Our team Will provide technical support to jurisdicl:ion.staff throughout the approval process as needed.if initial,su.ibmission is not approved;,WE!VVilll work with:staff to niiake all necessary changes and revisions to the plans for resubmission as needed. DElivey able:Ongoing technical niic,a;l support and guidance until approved by HUD. Assistance%,with revisions and resubmission if needed. Consolidated Plan Cba;pter Deliverables I. Needs.,assessment a:. Overview(NA-05) b. Housing Needs Assessment(NA-to) c. Disproportionately Greater Nee& Housing Problems(NA-15) d. Disproportionately Greater Need: Severe Housing Problems(NA-20) e. Disproportionately Greater Need Housing Cost Burdens(N.A-25) f. Disproportionately Greater Need.:Discussion,(NA-_3o) g. Public Housing(NCA-3o) h. Homeless Needs Assessment(NA-40) L than-Hon-kele:ss Special Needs Assessnient(NA-45) J. [ion-Housing Community Developnient Needs(NA-50) IL Market Analysis a.. Over viemx(MA-05) b. Number of Housing Units Indicator,(A4,A-io) c. Cost of H ousiing(NIA-15) Page 18,af 20 Pine Year Consolidated Plan `°'GrourP 2"Work Plan-Updated 7/1'7114 Prepared for City of Cupertino d. Con.d'.ition of Housing(NIA-20) e.. Public:arid Assisted Housing(NIA-25) f. Honi,eliess Fadfilbes i(MA-30) g. Special Need Facilities and SenAces(M41-35) h. Barriers to Affordable housing(M- A-0) E. Non-,Housing Communji y Development:isssets i(MA745)' f. feeds and d i?4 ark et,An*sNS aisc+ussion(NW-s,o) EL Strateguc Plan a:. 0,vervieAr(SIP-05) b. Geographic Priorities,(S P-10) c. Prionty Needs i(SP-2-5) d. Influence of Market Conditions('SP-30) e,. Anticipated Resources(SP-55) f. Institutional't eiivery'Structu.cre(SP-40) Goals(SPA-45,) h. Public Housing Accessibility and Inirolvement(SP-5,0.) L Bangers to Affordable Housing(SP-55 6. Hon eless Strateg)!(SP-6o) k. Lead:-based Paint.Ha aids(SIP-6s) 1. An,tirPoverty Stra;teg,1+(SIP o ni,. i',onitorin:,g Straie&(S;", .o) IV. Acdon:P'Gan a. Expected Resources(AP-,1;5)' b. Annuals G,oal s,&GibjectfNres(A- P-- 0.) c. Projects(AP-35) d. Geographic Distribution(AP-50) e., Affordable Noosing(AP-55) f, Public.Housing{AiP-6o} Homnefess and other:Special Needs Activiyes(AP-65) h. HOPWA Coals(AP-70_p i. Barriers to Affordable Housing(AP-75) J, Other Actions(AP-$5.) k. Program Specific Requirements(AP19o) Page 19 of 20 Exhibit L; Budget City of Cupertino 201r.-2020 C s. �s . G1. Gz_ G3. G4. G5. G6. h. Iz. y ,+� }£§.. �i.��i 4 �'�� Enhanced Strategic l00% Draft Final eConsolidated Technical Consolidated Public ry �� � � y Needs Plan& Consolidated Consolidated Planning Suite Support Plan 3o-day Hearing to Group�z Tasks - � =Assessment First Year Plan&Action Plan&Action Consolidated and Public Consider& VII &Market Action Plan Plan for Plan&Action Guidance Comment Adopt Plan } } r Analysis Plan Submission Plan Upload to Staff Period to HUD and .x Submission to Sj �f 7 HUD ICY - 'S - _ .� '- ,`'°' i s- 9 L-- '3'�E .r=•►"ii_StC xis ?S, - 7W REV��; jx ���<��Y� .* s� � .si �.r_^��i�'a',t-'L.°->�p '" �,�:3,��i �,., ���, �� J.LeSar President 1.00 - - V.Joes Principal 4.00 2.00 2.00 5.00 1.00 16.00 LDC K.Johnson Associate 30.00 40.00 5.00 6.00 10.00 6.00 2.00 10.00 M.Espinoza Research 20.00 50.00 10.00 8.00 50.00 8.00 - Analyst ' Billing R1°ates �$E J.LeSar President 240.00 240.00 240.00 240.00 240.00 240.00 240.00 240.00 V.Joes Principal 190.00 190.00 190.00 190.00 190.00 190.00 190.00 190.00 LDC K.Johnson Associate 95.00 95.00 95.00 95.00 95.00 95.00 95.00 95.00 M.Espinoza Research 70.00 70.00 70.00 70.00 70.00 70.00 70.00 70.00 Analyst g r'r,. r- �>,. ,�TO`6 - J.LeSar President $ $ 240 $ - $ $ $ $ $ V.Joes Principal $ $ 76o $ 380 $ 380 $ 950 $ $ 190 $ 3,040 LDC K.Johnson Associate $ 2,850 $ 3,800 $ 475 $ 570 $ 95o $ 570 $ 190 $ 950 M.Espinoza Research $ 1,400 $ 3,500 $ 700 $ 56o $ 3,500 $ $ 56o $ - Anal st .. . e. •. a Page 20 of 20 ACO® DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 0810412014 THIS CERTIFICATE:IS ISSUED-At,A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DO.ES'NOT;'AFFIRMATIVELY OR NEGATIVELY AMEND,E ;TEND OR ALTER THE COVERAGE AFFORDED BY THE-POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES,NOT CONSTITUTE A CONTRACT'BETWEEN THE ISSUING.INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:'If the certificate holder'is.an.ADDITIONAL INSURED,the p6licy(ies)must be endorsed: If SUBROGATION.IS WAIVED,subject to the terms and conditions ofthe policy,certain policies may require an enidoesement. A statement-an this certificate does not confer rights to-the certificate hoider.in.lieu of such endorsement(s). PRODUCER CONTACT NAME: Krista Clements Stromso'e Insurance.Agency PHONE FAX (951)600.675.1 No)-(951)677-6265 24910 Las Brisas Road, Ste 117 E-MAIL Murrieta,CA 92562 'ADDRESS: kristac fallbrook:com License#::QD06577 — INSURER(S) AFFORDING COVERAGE NAIL I INSURER A INSURED -• - - .-. .. INSURERa LeSar Development Cons_ ultants INSURER C: Va 2410 1st Ave INSURER D: ACEArberidan . . .. San Diego, CA 92101 INSURER E.: INSURER F: COVERAGES CERTIFICATE NUMBER: 00015031-1040048 REVISION NUMBER: 15 THIS;IS TO CERTIFY THAT THE POL'ICIES•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 EIY THE POLICIES'DESCRIBED HEREIN1S SUBJECT TOALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES..LIMITS SHOWN MAY HAVE BEEN,REDUCED BY PAID CLAIMS. INSR APPL SPBR POLICY EFF. POLICYrEXP' LTR TYPE OF INSURANCE 1=WVn POLICY NUMBER. _ •LIMITS A GENERAL LIABILITY Y Y CBP3939283 07/19/2014 07/19/2015 EACH'O:CCURRENCE $ 1.000,000 COMMERCIAL.GENERAL LIABILITY PREMISES r' $ 100,000 CLAIMSMADE.Q OCCUR ED:EXP:An 'brie .Yson'. $ 5,000 PERSONAL&ADV INJURY $ 11.000i000 GENERALAGGREGATE $ 2,066,600 GEN'L AGGREGATE LIMIT APP.LIES:PER: PRODUCTS:-.COMPIOP AGG $ '2'000,000 X POLICY FRO_ LOC' _ $ B AUTOMOBILE LIABILITY COMBINED-SINGLE LIMIT 3 - 08/09/2013 08/09/2014 Ecint)" ' 1'000 000 X ANY AUTO BODILY INJURY(Per p(3rson) $ ALL OWNED SCHEDULED BODILY INJURY Peraccident AUTOS AUTOS'. (. } NON:OWNED PROPERTY DAMAGE $ :X HI RED AUTOS X AUTOS i $ UMBRELLA•LIAB OCCUR EACH OCCURRENCE. $. EXCESSLIAB .CLAIMS-,MADE AGGREGATE $ DED RETENTION-$ — $ C.' WORKERS COMPENSATION 4017868538 12L01r2013 12/01/201,4 X wcsTATU-. 0TH= 1 QaQ 000 AND EMPLOYERS'LIABILITY ,Y/,N Tow I IMITs FR ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1'oao'a0a OFFICERNEMBER EXCLUDED? ❑ N I A (Mandatory in NFq E:L.DISEASE-EA EMPLOYE -$ 1,000,000 If yes;describe-under DESCRIPTION OF:OPERATIONSbelow — E.L.DISEASE-POLICY LIMIT $ 19000.'000 D Professional Liabili G2780780 001 07/15/2014 07/15/2015 1,000;000 Occurance 290009000 Agg DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach'•ACORD101,,Addltional Remarks Schedule,If more`space is required). City, Its City Counsil, boards and commissions, officers, employees and volunteers shall be named as additional Insured as covered bythe.general liability policy per the attached form GECG 602(01111) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE.ABOVE DESCRIBED POLICIES BE.CANCELLED BEFORE City of Cupertino THE:EXP.IRATION DATE'THEREOF,NOTICE.IMLL SE DELIVERED IN Attn:Senior Housing Planner ACCORDANCE WITH THE-POLICY PROVISIONS. 10300 Torre Ave - AUT Cupertino,CA 95014 _ KMK ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo aro reglstered marks of ACORD Printed by KMK on August 04,2014 at 11:20AM Form W=9 Request for Taxpayer Give Form to the (Rev.August 201T Identification Number and Certification requester.ISO . Department of the Treasury Send to the IRS. Internal Revenue Service Name(as shown on your Income tax return) LeSar Development Consultants ni Business name/disregarded entity name,if different from above m rn co — Check appropriate box for federal tax classification: Exemptions(see Instructions): ❑ � Individual/sole proprietor ❑ C Corporation S Corporation ❑ Partnership ❑Trust/estate o Exempt payee code(It any) ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)No Exemption from FATCA reporting o code(If any) C— ❑ Other(see instructions)► Address(number,street,and apt.or suite no.) Requester's name and address(optionao 2410 First Avenue City,state,and ZIP code San Diego,CA 92101 List account numbers)here(optional) ' Taxpayer Identification Number(TIN) Enter your TIN in the appropriate bo)L The TIN provided must match the name given on the"Name"line Social security number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the fart I Instructions on page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TJN on page 3. Note.if the account is in more than one name,see the chart on page 4 for guidelines on whose r Employer identification number number to enter. 2 0 T341618171617 Certification _ _ Under penalties of perjury,I certify that 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be Issued to me),and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S.person(defined below),and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax returns.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an Individual retirement arrangement(IRA),and generaily,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signarture of f Here U.S.person► Date► y/ General Instru bns tl withholding tax on foreign partners'share of effectively connected Income,and Section references are to the Internal Revenue Code unless otherwise noted. 4.Certify that FATCA.code(s)entered on this form(If any)Indicating that you are exempt from the FATCA reporting,is correct. Future developments.The IRS has created a page on IRS.gov for information Note.If you are a U.S.person and a requester gives you a form other than Form about Form W-9,at www.1rs.gov/w9,information about any future developments W-g to request your TIN,you must use the requester's form if It[e substantially affecting Form W-9(such as legislation enacted after we release it)will be posted similar to this Form W-9. on that page. Definition of a U.S.person.For federal tax purposes,you are considered a U.S. Purpose of Forrn person If you are: A person who Is required to file an information return with the IRS must obtain your °An individual who Is a U.S.citizen or U.S.resident alien, correct taxpayer identification number(TIN)to report,for example,Income paid to °A partnership,corporation,company,or association created or organized in the you,payments made to you in settlement of payment card and third party network United States or under the laws of the United Statee, transactions,real estate transactions,mortgage interest you paid,acquisition or °An estate(other than a foreign estate),or to an IIRnmeM of secured property,cancellation of debt,or contributions you made A .A domestic trust(as defined in Regulations section 301.7701-7). Use Form W-9 only if you area U.S.person(including a resident alien),to Special rules for partnerships.Partnerships that conduct a trade or business In provide your correct TIN to the person requesting it(the requester)and,when the United States are generally required to pay a withholding tax under section applicable.to: 1446 on any foreign partners'share of effectively connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received, 1.Certify that the TW you are giving is correct(or you are waiting for a number the rules under section 1446 require a partnership to presume that a partner is a to be issued), foreign person,and pay the section 1446 withholding tax.Therefore,if you are a 2.Certify that you are not subject to backup withholding,or U.S.person that Is a partner In a partnership conducting a trade or business in the 3.Claim exemption from backup withholding if you are a U.S.exempt payee.If United States,provide Form W-9 to the partnership to establish your U.S.status applicable,you are also certifying that as a U.S.person,your allocable share of and avoid section 1446 withholding on your share of partnership income. any partnership Income from a U.S.trade or business is not subject to the Cat.No.10231X Form w-9(Rev.54013)