05-136 D.R. Elrod and AssociatesP.O. No. ~,~4 ~ ~~
Contract Amount: $44,900
Account No. 110-7405-7014
AGREEMENT
BETW>~;EN
CITY OF CUI'ERTINO
AN~~ ~ ~ EN~'ERED
D.R. ELROD AND ASSOCIATES ~ yly~~os
FOR
PROFESSIONAI, SERVICES
THIS IS AN AGREEMENT MADE AS OF DECEMBER 12, 2005, BETWEEN
CITY OF CUPERTINO (hereinafter referred to as CITY), and D.R. ELROD (hereinafter
referred to as Consultant).
WITNESSETH:
WHEREAS, CITY intends to pure a Consolidated Plan and and update the Citizen
Participation Plan (hereinafter referred to as Project) and,
WHEREAS, CITY requires certain professional services in connection with Project
(hereinafter referred as Services); and
WHEREAS, Consultant is qualified and prepared to provide such Services;
NOW, THEREFORE, in consideration of the promises contained herein, the parties agree
as follows:
ARTICLE 1 -SERVICES TO BE PERFORMI=;D BY CONSULTANT
1.1 Specific Services and the associated scope of services, payment, schedule, and
personnel will be defined in specific Ta:;k Order as mutually agreed by City and
Consultant.
1.2 All Task Orders will by reference incorporate the terms and conditions on this
Agreement, and become formal amendments hereto.
ARTICLE 2 -COMPENSATION
2.1 Compensation for Consulting services performed under this Agreement shall be
compensated for on a Cost Plus Fixed Fete basis. When using this basis of
PC/DIR/C ITY/FRMS/A92502
compensation, the City agrees to pay Consultant actual costs incurred, subject to
an agreed upon Cost Ceiling, plus a Fixed Professional Fee (Fixed Fee).
For purposes of this Agreement, the actual costs shall include:
Direct Labor Cost
Overhead Cost
Other Direct Costs (Direct Non-s;~lary Costs)
Outside Services
Labor rates shall be based on a normal 8--hour day, 40-hour week, with overtime
paid for authorized work. Technicians, drafters, and support personnel are paid at
one and one-half times their regular rate for overtime. Professional personnel are
paid at their regular rate for overtime. Overhead Cost shall be the sum of Fringe
Benefits and Indirect Costs.
As a portion of the total compensation to be paid to Consultant, City shall pay a
Fixed Professional Fee negotiated for ea~~h Task Order as profit for services
rendered by Consultant covered by this Agreement and its Task Orders. The
Fixed Fee maybe increased for addition,rl authorized services only by subsequent
task order or amendment changing the sc;ope of work:
Definitions are as follows:
a) Direct labor is salaries and wage:; paid to personnel for time directly
chargeable to the project. Direct labor does not include the cost of
Consultant's statutory and customary benefits, such as sick leave, holidays,
vacations; and medical and retirement benefits nor the cost of the time of
executive and administrative personnel and others whose time is not
identifiable to the project.
b) Fringe benefits include Consulta~it's statutory and customary benefits, such
as sick leave, holidays, vacations, medical and retirement benefits,
incentive pay, tuition, and other costs classified as employee benefits.
c) Indirect costs are allocations of costs that are not directly chargeable to a
specific engagement and are commonly referred to as Consultant's
overhead. Indirect costs include provisions for such things as clerical
support, office space, light and heat, insurance, statutory and customary
employee benefits, and the time cif executive and administrative personnel
and others whose time is not identifiable to the Consolidated Plan and
Citizen Participation Plan Project or to any other project. Under no
circumstances can the same labor costs be charged as direct labor and also
appear at the same time as indire~~t costs, and visa versa.
PC/CITY/FRMS/A92502 2
d) Other (non-labor) direct costs include such typical expenses as cost of
transportation and subsistence, printing and reproduction, computer time
and programming costs, identifiable supplies, and charges by reviewing
authorities.
e) Outside Services shall include al] charges from outside consulting firms or
subconsultants.
2.2 Reimbursement for mileage shall not exceed the prevailing Internal Revenue
Service's standard mileage rate.
2.3 A Cost Ceiling will be established for each Task Order which is based upon
estimated labor-hours and cost estimates. Costs as described above, comprising
direct labor, overhead cost, and other direct costs, shall be payable up to a Cost
Ceiling as specified in the Task Order. ~~ Maximum Fee Ceiling, or Task Order
Firm Ceiling, will also be established for each Task Order which includes the Cost
Ceiling plus the Fixed Fee.
2.4 Consultant shall invoice City monthly far the actual costs incurred, and apro-
ratedportion of the Fixed Fee for work-performed during the previous month. If
the Maximum Fee Ceiling is reached, th~~ Consultant will complete the agreed-
upon work for the Maximum Fee Ceiling. With City staff approval, labor hours
maybe reallocated within the tasks without renegotiation in such a manner so as
not to exceed the Maximum Fee Ceiling.
2.5 The Consultant shall provide the City with a review of the budget amounts when
75 percent of the Cost Ceiling for any task has been expended. Consultant may
request a revision in the Cost Ceiling for' performance of this Agreement, and will
relate the rationale for the revision to the- specific basis of estimate as defined in
the Scope of Services. Such notification. will be submitted to the City at the
earliest possible date. The authorized C~~st Ceiling shall not be exceeded without
written approval of the City.
2.6 The fixed professional fee will not be changed except in the case of a written
amendment to the Agreement, which alters the Scope of Services. City and
Consultant agree to negotiate an increasf; or decrease in Cost Ceiling and Fixed
Fee for any change in Scope of Services required at any time during the term of
this Agreement. Consultant will not commence work on the altered Scope of
Services until authorized by City.
2.7 Direct labor rates are subject to revision to coincide with Consultant's normal
salary review schedule. Adjustments in direct labor rates shall not affect the firm
ceiling without prior written authorization of the City.
2.8 City shall pay Consultant in accordance with each Task Order for Services.
PC/CITY/FRMS/A92502 3
2.9 Consultant shall submit monthly statements for Services rendered. City will make
prompt monthly payments in response to Consultant's monthly statements.
ARTICLE 3 -PERIOD OF SERVICE
3.1 Consultant's services will be performed rind the specified services rendered and
deliverables submitted within the time period or by the date stipulated in each
Task Order.
3.2 Consultant's services under this Agreement will be considered complete when the
services are rendered and/or final deliverable is submitted and accepted by City.
3.3 If any time period within or date by whil;h any of the Consultant's services are to
be completed is exceeded through no fault of Consultant, all rates, measures and
amounts of compensation and the time fir completion of performance shall be
subject to equitable adjustment.
ARTICLE 4 -CITY'S RESPONSIBILITIES.
City will do the following in a timely manner so as not to delay the services of
Consultant.
4.1 Provide all criteria and full information as to City's requirements for the services
assignment and designate in writing a pc;rson with authority to act on City's behalf
on all matters concerning the Consultant's services.
4.2 Furnish to Consultant all existing studies, reports and other available data
pertinent to the Consultant's services, obtain or authorize, Consultant to obtain or
provide additional reports and data as required, and furnish to Consultant services
of others required for the performance of Consultant's services hereunder, and
Consultant shall be entitled to use and rc;ly upon all such information and services
provided by City or others in performing; Consultant's services under this
Agreement.
4.3 Arrange for access to and make all provisions for Consultant to enter upon public
and private property as required for Cor.~sultant to perform services hereunder.
4.4 Perform such other functions as are indicated in each Task Order related to duties
of City.
4.5 Bear all costs incident to compliance with the requirements of this Section.
PC/CITY/FRMS/A92502 4
ARTICLE 5 -STANDARD OF CARE
5.1 Consultant shall exercise the same degree of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a professional Consultant
under similar circumstance and Consultant shall, at no cost to City, re-perform
services which fail to satisfy the foregoing standard of care.
ARTICLE 6 -OPINIONS OF COST AND SCHEDULE'
6.1 Since Consultant has no control over the cost of labor, materials, equipment or
services furnished by others, or over contractors', subcontractors', or vendors'
methods of determining prices, or over competitive bidding or market conditions
or economic conditions, Consultant's co:;t estimate and economic analysis shall be
made on the basis of qualification and ea:perience as a professional.
6.2 Since Consultant has no control over the resources provided by others to meet
contract schedules, Consultant's forecast schedules shall be made on the basis of
qualification and experience as a professional.
Consultant cannot and does not guarantee that proposals, bids or actual project
costs will vary from his cost estimates or that actual schedules will not vary from
his forecast schedules.
ARTICLE 7 -SUBCONTRACTING
7.1 No subcontract shall be awarded by Consultant until prior written approval is
obtained from the City.
ARTICLE 8 -CONSULTANT-ASSIGNED PERSONNEL
8.1 Consultant shall designate in writing an individual to have immediate
responsibility for the performance of the services and for all matters relating to
performance under this Agreement. Kerr personnel to be assigned by Consultant
will be stipulated in each Task Order. Substitution of any assigned person shall
require the prior written approval of the City, which shall not be unreasonably
withheld. If the City determines that a proposed substitution is not responsible or
qualified to perform the services then, at the request of the City, Consultant shall
substitute a qualified and responsible person.
ARTICLE 9 -OWNERSHIP OF DOCUMENTS
9.1 All work products, drawings, data, reports, files, estimate and other such
information and materials (except proprietary computer programs, including
source codes purchased or developed with Consultant monies) as maybe
PC/CITY/FRMS/A92502 S
accumulated by Consultant to complete ;services under this Agreement shall be
owned by the City.
9.2 Consultant shall retain custody of all project data and documents other than
deliverables specified in each Task Order, but shall make access thereto available
to the City at all reasonable times the Ciry may request. City may make and retain
copies for information and reference.
9.3 All deliverables and other information p repared by Consultant pursuant to this
Agreement are instruments of service in respect to this project. They are not
intended or represented to be suitable fo r reuse by City or others on extensions of
this Project or on any other project. An}~ reuse without written verification or
adaptation by Engineer for the specific f~urpose intended will be at City's sole risk
and without liability or legal exposure to Consultant; and City shall indemnify and
hold harmless Consultant against all claims, damages, losses, and expenses.
including attorney's fees arising out of or resulting from such reuse. Any such
verification or adaptation will entitle Consultant to further compensation at rates
to be agreed upon by City and Consultant.
ARTICLE 10 -RECORDS OF LABOR AND COSTS
10.1 Consultant shall maintain for all Task Orders, records of labor and costs used in
claims for compensation under this Agreement. Records shall mean a
contemporaneous record of time for per;;onnel;.a methodology and calculation of
the Multiplier for fringe benefits and indirect costs; and invoices, time sheets, or
other factors used as a basis for determining other nonlabor Project charges.
These records must be made available to the City upon reasonable notice of no
more than 48 hours during the period of the performance of this Agreement.
10.2 After delivery of. Services (completion ~~f Task-Orders) under this Agreement, the
Consultant's records of all costs used in claim's for compensation under this
Agreement shall .be available to City's accountants and auditors for inspection
and verification. These records will be maintained by Consultant and made
reasonably accessible to the City for a period of three (3) years after completion of
Task Orders under this Agreement.
10.3 Consultant agrees to cooperate and provide any and all information concerning
the Project costs which are a factor in determining compensation under this
Agreement as requested by the City or any public agency which has any part in
providing financing for, or authority ovf;r, the Services which are provided under
the Agreement.
10.4 Failure to provide documentation or substantiation of all Project costs used as a
factor in compensation paid under Article 2 hereof will be grounds for City to
refuse payment of any statement submitted by the Consultant and for a back
charge for any City funds, including intf;rest from payment; or grant, matching or
PC/CITY/FRMS/A92502 6
other funds from agencies assisting City in financing the Services specified in this
Agreement.
ARTICLE II -INSURANCE
Consultant shall provide and maintain at all times during the performance of the
Agreement the following insurances:
11.1 Workers' Compensation and Employer's Liability Insurance for protection of
Consultant's employees as required by 1~Iw and as will protect Consultant from
loss or damage because of personal injuries, including death, to any of his
employees.
11.2 Comprehensive Automobile Liabilitv Insurance. Consultant agrees to carry a
Comprehensive Automobile Liability Policy providing bodily injury liability. This
policy shall protect Consultant against all liability arising out of the use of owned
or leased automobiles both passenger anal commercial. Automobiles, trucks, and
other vehicles and equipment (owned, not owned, or hired, licensed or unlicensed
for road use) shall be covered under this policy. Limits of liability for
Comprehensive Automobile Liability Insurance shall not be less than $1,000,000
Combined Single Limit.
11.3 Comprehensive General Liabilitv. Insurance as will protect Consultant and
City from any and all claims for damages or personal injuries, including death,
which maybe suffered by persons, or for damages to or destruction to the
property of others, which may arise from the Consultant's operations under this
Agreement, which insurance shall name- the City as additional insured. Said
insurance shall provide a minimum of $1,000,000 Combined Single Limit
coverage for personal injury, bodily injury, and property damage for each
occurrence arid aggregate. Such insura:rlce will insure Consultant and City from
any and all claims arising from the following:
1. Personal injury;
2. Bodily injury;
3. Property damage;
4. Broad form property damage;
5. Independent contractors;
6. Blanket contractual liability.
11.4 Consultant shall maintain a policy of professional liability insurance, protecting it
against claims arising out of negligent 2.cts, errors, or omissions of Consultant
pursuant to this Agreement, in an amount of not less than $1,000,000. The said
policy shall cover the indemnity provisions under this Agreement.
PC/CITY/FRMS/A92502 7
11.5 Consultant agrees to maintain such insurance at Consultant's expense in full force
and effect in a company or companies satisfactory to the City. All coverage shall
remain in effect until completion of the Project.
11.6 Consultant will furnish the City with certificates of insurance issued by
Consultant's insurance carrier and countl;rsigned by an authorized agent or
representative of the insurance company. The certificates shall show that the
insurance will not be cancelled, altered, ~or reduced without at least thirty (30)
days prior written notice to the City. The certificates for liability insurance will
show that liability assumed under this Agreement is included.
ARTICLE 12 -LIABILITY AND INDEMNIFICATION
12.1 Having considered the risks and potenti<<1 liabilities that may exist during the
performance of the Services; and in con:;ideration of the promises included herein,
City and Consultant agree to allocate such liabilities in accordance with this
Article 12. Words and phrases used in this Article shall be interpreted in
accordance with customary insurance industry usage and practice.
12.2 Consultant shall indemnify and save harmless and defend the City and all of their
agents, officers, and employees from an~i against all claims, demand, or cause of
action of every name and nature arising out of negligent error, omission, or act of
Consultant, its agents, servants, or employees in the performance of its services
under this Agreement.
12.3 In the event an action for damages is filed in which negligence is alleged on the
part of City and Consultant, Consultant ;rgrees to defend City. In the event City
accepts Consultant's defense, City agrees to indemnify and reimburse Consultant
on a pro rata basis for all expenses of defense and any judgment or amount paid
by Consultant in resolution of such claim. Such pro rata share shall be based upon
a final judicial determination of negligence or, in the absence of such
determination, by mutual agreement.
12.4 Consultant shall indemnify City against legal liability for damages arising out of
claims by Consultant's employees. City shall indemnify Consultant against legal
liability for damages arising out of claims by City's employees.
12.5 Indemnity provisions will be incorporat~;d into all Project contractual
arrangements entered into by City and v~~ill protect City and Consultant to the
same extent.
12.6 Upon completion of all services, obligations and duties provided for in the
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive.
PC/CITY/FRMS/A92502 g
12.7 To the maximum extent permitted by law, Consultant's liability for City's damage
will not exceed the aggregate compensation received by Consultant under this
Agreement or the maximum amount of I-rofessional liability insurance required by
this Agreement, which ever is greater.
ARTICLE 13 -INDEPENDENT CONTRACTOR
Consultant undertakes performance of the Services as an independent contractor and shall
be wholly responsible for the methods of performance. City will have no right to
supervise the methods used, but City will have right to observe such performance.
Consultant shall work closely with City in performing Services under this Agreement.
ARTICLE 14 -COMPLIANCE WITH LAWS
In performance of the Services, Consultant will comply with applicable regulatory
requirements including federal, state, and local laws, rules, regulations, orders, codes,
criteria and standards. Consultant shall procure the permits, certificates, and licenses
necessary to allow Consultant to perform the ~:paration of the Consolidated Plan and
Citizen Participation Plan Services. Consultant shall not be responsible for procuring
permits, certificates, and licenses required for arty construction unless such
responsibilities are specifically assigned to Con;>ultant in Task Order.
ARTICLE 15 -NONDISCLOSURE OF PROPRIETARY INFORMATION
Consultant shall consider all information provided by City and all drawings, reports,
studies, design calculations, specifications, and ether documents resulting from the
Consultant's performance of the Services to be I~roprietary unless such information is
available from public sources. Consultant shall not publish or disclose proprietary
information for any purpose other than the performance of the Services without the prior
Written authorization of City or in response to lc;gal. process.
ARTICLE 1.6 -TERMINATION OF CONTRACT
16.1 The obligation to continue Services under this Agreement maybe terminated by
either party upon seven days written notice in the event of substantial failure by
the other party to perform in accordance with the terms hereof through no fault of
the terminating party.
16.2 City shall have the right to terminate this Agreement or suspend performance
thereof for City's convenience upon writi:en notice to Consultant, and Consultant
shall terminate or suspend performance c-f Services on a schedule acceptable to
City. In the event of termination of suspension for City's convenience, City will
pay Consultant for all services performed and costs incurred including termination
or suspension expenses. Upon restart of a suspended project, equitable
adjustment shall be made to Consultant's compensation.
PC/CITY/FRMS/A92502 9
ARTICLE 17 -UNCONTROLLABLE FORCES
17.1 Neither City nor Consultant shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to uncontrollable
forces, the effect of which, by the exerci~~e of reasonable diligence, the
nonperforming party could not avoid. T:he term "uncontrollable forces" shall
mean any event that results in the prevention or delay of performance by a party
of its obligations under this Agreement a.nd which is beyond the control of the
nonperforming party. It includes, but is not limited to, fire, flood, earthquake,
storms, lightening, epidemic, war, riot, civil disturbance, sabotage, inability to
procure permits, licenses, or authorizations from any state, local, or federal
agency or person for any of the supplies, materials, accesses, or services required
to be provided by either City or Consult<t under this Agreement, strikes, work
slowdowns or other labor disturbances, ~~nd judicial restraint.
17.2 Neither party shall, however, be excused. from performance if nonperformance is
due to uncontrollable forces which are re-movable or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
removed or remedied with reasonable di;~patch. The provisions of this Article
shall not be interpreted or construed to rf;quire Consultant or City to prevent,
settle, or otherwise avoid a strike, work ;slowdown, or other labor action. The
nonperforming party shall, within a reasonable time of being prevented or delayed
from performance by an uncontrollable force, give written notice to the other
party describing the circumstances and uncontrollable forces preventing continued
performance of the obligations of this Agreement. The Consultant will be
allowed reasonable negotiated extension of time or adjustments for City initiated
temporary stoppage of services.
ARTICLE 18 -MISCELLANEOUS
18.1 A waiver by either City or Consultant of any breach of this Agreement shall not
be binding upon the waiving party unles;~ such waiver is in writing. In the event
of a written waiver, such a waiver shall rlot affect the waiving party's rights with
respect to any other or further breach.
18.2 The invalidity, illegality, or unenforceability of any provision of this Agreement,
or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way effect the validity or enforceability of any other
portion or provision of the Agreement. ~~ny void provision shall be deemed
severed from the Agreement and the ba1~Irlce of the Agreement shall be construed
and enforced as if the Agreement did not. contain the particular portion or
provision held to be void.
PC/CITY/FRMS/A92502 1
ARTICLE 19 -INTEGRATION AND MODIFICATION
19.1 This Agreement (consisting of pages 1 t~~ 14), together with all exhibits executed
by the undersigned, is adopted by City and Consultant as a complete and
exclusive statement of the terms of the ~.greement between City and Consultant.
This Agreement supersedes all prior agr~;ements, contracts, proposals,
representations, negotiations, letters, or other communications between the City
and Consultant pertaining to the Services, whether written or oral.
19.2 The Agreement may not be modified unless such modifications are evidenced in
writing signed by both City and Consult;~nt.
ARTICLE 20-SUCCESSORS AND ASSIGNS
20.1 City and Consultant each binds itself anti its directors, officers, partners,
successors, executors, administrators; assigns and legal representatives to the
other party to this Agreement and to the partners, successors, executors,
administrators, assigns, and legal representatives of such other party, in respect to
all covenants, agreements, and obligatiolis of this Agreement.
20.2 Neither City nor Consultant shall assign, sublet, or transfer any rights under or
interest in (including, but without limitation, monies that may become due or
monies that are due) this Agreement without the written consent of the other,
except to the extent that the effect of this limitation may be restricted by law.
Unless specifically stated to the contrary in any written consent to an assignment,
no assignment will release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing contained in this paragraph shall
prevent Consultant from employing such. independent consultants, associates, and
subcontractors as he may deem appropri;~te to assist him/her in the performance of
the Services hereunder and in accordance, with Article 7.
20.3 Nothing herein shall be construed to give; any rights or benefits to anyone other
than City and Consultant.
PC/CITY/FRMS/A92502 11
TASK ORDER NO. 1
to
AGREEMENT
BETWEEN
CITY OF CUPERTINO
AND
D.R. ELROD AND ASSOCIATES
FOR
PROFESSIONAL SERVICES
Dated December 12, 2005
PURPOSE
The consultant shall prepare a Consolid~ited Plan and an updated Citizen
Participation Plan on behalf of the city of Cupertino for submission to the United
States Department nf_H.ousing.and Urban Development (HUD).
PROJECT COORDINATION
Project shall be coordinated with Vera Coil, Senior Planner, in the Community
Development Department.
SCOPE OF SERVICES
Attached Scope of Services, Exhibit A, is hereby incorporated as part of this
agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Task
Order No. one 1 as of December 12, 2005 and therewith incorporate it as part of the
Agreement.
CITY
City of Cupertino
By:
Vera Gil, Senior Planner
CONSULTANT
C
By:
Diana Elrod
Title: Principal
PGCITY/FRMS/A92502 13
;, :,
. ~~
'; STATEMENT OF QUALIFICATIONS AND ~RpP $AL ~~'~ { ~ ' ,
s `D,R: ELROD AyD Assoc~lArE$ 4 `~`~~,; ,F~~
FIVE-YEAR PLAN WORK PLAN
The federal government requires that entitlement jurisdictions annually combine the
following federal documents into one submission:
• The Comprehensive Housing Affordability Stl-ategy (CHAS), outlining a community's
affordable housing needs and providing a plan to address those needs;
• The Emergency Shelter Grant application, a ~~rogram that provides matching formula grants
to help pay for the renovation of buildings used as emergency shelters, for shelter operating
expenses, and for other essential services to the homeless;
• The HOME Investment Partnership Program Description, a block grant-type program that
provides financial assistance to help increase the supply of affordable rental and
homeownership housing for low-income households, through the acquisition,
rehabilitation or construction of affordable housing, or through the provision of tenant-
based rental assistance;
• The application for the Housing Opportunities for People With AIDS Program (HOPWA), a
program that provides local jurisdictions and nonprofits with resources and incentives to
devise long-term strategies for meeting the housing needs of individuals with AIDS and
their families;
• The Community Development Block Grant Final Statement, a program that supports the
development of viable urban communities by providing decent housing and a suitable
living environment, and expanding economic: opportunities, principally for low- and
moderate-income households; and
• A "Non-Housing CHAS" (Community Development Plan), which outlines a city's non-
housing community development needs.
The preparation of the Consolidated Plan is guided by the following three major
commitments and priorities expressed by HUD:
To provide decent housing by assisting the homeless in obtaining appropriate housing; by
preserving the affordable housing stock; by increasing the availability of permanent housing
that is affordable to lower-income households without discrimination; and by increasing
the supply of supportive housing for those with special needs.
To provide a suitable living environment by improving the safety and livability of
neighborhoods; by reducing the isolation of income groups within an area through
deconcentration of housing opportunities and revitalization of deteriorating neighborhoods;
by restoring and preserving properties of architectural, historic, or aesthetic value; and by
conservation of energy resources.
To expand economic opportunities by creating jobs accessible to lower-income persons; by
providing access for lower-income households to mortgage financing and credit for
development activities that promote long-term community viability; and by empowering
lower-income persons to achieve self-sufficiency to reduce poverty in federally-assisted and
public housing.
SOLUTIONS FOR AFFORDABLE HOUSING
PAGE 19
ST,~TEMENT OF QUALIFICATIONS~AND PROPQSAI'• a ' ~ f~.
D.R. ELROD AND ASSOCIATES ;'ALT" _
To meet these objectives, the Consolidated Plan must include the following six
components:
• A housing and homeless needs assessment;
• A housing market analysis;
• An analysis of the priority needs and strategiE~s and objectives to meet those needs,
including both housing needs and non-housing community development needs;
• An action plan, including a discussion of general priorities for the use of HOME, HOPWA,
and ESG funds, and a list of the proposed projects to be funded under the CDBG program;
• Certifications; and
• A monitoring plan.
Every five years, the federal government requires that the entire document be updated, and
that during the intervening years only the one-yE~ar plan must be submitted for approval,
along with any substantial changes to the rest of the text.
UNDERLYING STRATEGY
This proposal assumes that the City of Cupertino will continue its ConPlan effort by
building on the successes of its first ConPlan, wl-iich was completed through a pilot
program to allow the City to incorporate by reference or otherwise substitute certain
sections of the Consolidated Plan with other documents, such as the Housing Element.
The attached checklist, developed by HUD for the use of HUD's ConPlan reviewers,
highlights all of the areas that are statutorily required to be contained in the Consolidated
Plan. The following summary table highlights the areas the City of Cupertino will
complete as an alternate method of compliance.
Consultation with other Hold a Focus Group or other public entity meeting; provide early draft to
jurisdictions (91.100)1 public entities for review and comment.
Citizen participation Establish a focus group process for the garnering of public input; widely
(91.105 and 91.200) publish notices of meetings and hearings; develop written invitations to
interested parties to providE~ comment and attend meetings.
Housing and homeless Substitute or incorporate by reference the entire housing and homeless
needs assessment (91.205) needs assessment from the Housing Element. Incorporate language from
County SuperNOFA's gaps analysis and other homeless information from
existing studies. Update thl~se based on any new information available
from ABAG studies, new reports and anecdotal information.
Provide data on New material provided; update as needed.
disproportionate housing
needs (91.205)
~ Numbers in parentheses refer to CFR cite.
SOLUTIONS FOR AFFORDABLE HOUSING
PAGE 20
- ~ ` • ~ ~_c STATEMENT OF QUALIFICATIONS AND PROPOSAL ~±i~~ ': ~ # ` ~'~ ~
L .. ..
" D.R. ELROD AND ASSOCIATES ~ ~'s~.. ~.a.
fir.- ~... ~ ~ ~ :~`~•
Housing and market analysis (91.210) Substitute or incorporate by reference the entire housing and
(includes inventory of services and homeless needs assessment from the Housing Element.
facilities and barriers to affordable Provide othE~r information previously existing from County
housing) data. Substitute or incorporate by reference the entire
governmental and non-governmental constraints sections
from the Housing Element. Update according to any new
information provided.
Strategic plan (91.215) (nonhousing Substitute or incorporate by reference the housing program
community development plan, barriers, strategy from the Housing Element. Include new material on
lead based paint, and anti-poverty how priorities were developed, as well as quantified
strategy) objectives. Include SuperNOFA data on efforts to address
homelessness issues. Include new material on current and
proposed efforts to address poverty, including support to
nonprofits and regional activities. Include new information
on jobs/employment. Include new information on the one-
yearaction Flan.
Public housing issues (no specific cite) If public housing exists in Cupertino, include data on current
inventory from the County Housing Authority, resident
initiatives, and other required information.
Certifications (91.225) Will providE~ the required certifications (boilerplate).
Monitoring (91.230) Monitoring Flan will be updated.
The basic approach will be to take the existing clocument, and, working with staff,
highlight those areas that need to be updated. dew material to be incorporated will be
tracked so that the City can determine whether to incorporate the new information or not.
Information gleaned from focus groups and other public input will also be used.
Proposed Project Budget -- Based on the information shown above, D.R. Elrod and
Associates proposes to provide these services for a total of $44,900, broken down as
follows:
•
Needs and inventories •
$16,200
Priorities, strategies and action plan $11,850
Public Participation $10,700
HUD Coordination $4,300
SUBTOTAL, DIRECT COSTS $43,050
Expenses (Up to 5%) $1,850
TOTAL ;
SOLUTIONS FOR AFFORDABLE HOUSING
PAGE 21
• ; ~ t, "~
" '~ s .STATEMENT OF QUALIFICATIONS AND PROPOSAI.~ ! ~ ~'
` ~ ''~~°-" ' D.R. ELROD AND ASSOCIATES
,.
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The table above breaks out the information according to the major sections in the
development of the Action Plan. The hourly rate for this project is $135 per hour. This
contract is proposed with expenses not to excee~~ approximately 5%. Expenses include,
but are not limited to: copying/printing, mileage, and travel expenses. Travel time is billed
at $75 per hour (a reduction from previous year, when all time was billed at the same
rate). The following breaks down this information into type of cost and cost per hour:
~• ~ ~
Direct Costs $40,500 300 $130
Travel Time $2,550 34 $75
Ancillary Expenses $1,850
11
The total amount of hours allocated to this project is 334 hours, with 300 hours (90%)
devoted to direct labor costs.
Draft and Final Consolidated Plan -- We will prE~pare one draft and one final Consolidated
Plan to meet all legal requirements. One camera-ready copy will be supplied. A disk
version will also be supplied. If additional draft<; are required, they will be billed on a
time and materials basis.
Executive Summary - An Executive Summary is optional under the statute. This proposal
does not include completing an Executive Sumrriary. Should the City determine it wishes
to include an Executive Summary, this shall be billed on a time and materials basis.
Maps -Maps are optional under the statute. This proposal does not include completing
any maps. Should the City determine it wishes to include maps (using HUD's Community
2020 software), this shall be billed on a time and materials basis.
Consultation/Coordination -- We will comply with the requirements of 24 CFR §91.100
for consultations with public and private agenciE~s. As noted in the statement on the
Scoping Session, Solutions proposes to meet with the key players early in the process to
map our precisely what information needs to be provided, who needs to provide it, and in
what time frame. Solutions will provide a'mastE~r list' of component pieces to the
Consolidated Plan with contact information to ensure that all components can be tracked
efficiently.
Citizen Participation -- The Consolidated Plan rE~gulations require only two public
hearings for the entire Consolidated Plan: one hE~aring before the Plan is prepared in order
to gain public comments on the community's needs, and one after the Plan is published
for citizen review. The federal government also requires a 30-day review period during
which to take public comments on the Plan. Fin~jlly, although the complete Plan does not
need to be distributed in its entirety to individual members of the public, a summary of the
SOLUTIONS FOR AFFORDABLE HOUSING
PAGE 22
y_ . ' ~` ,-k° ~~t ~;'STATEMENT OF QUALIFICATIONS AN^ f~iQP
~: k 'd..- ~ r ~- - ..:e ~ „4 ~~
. ~ .a~a~i ~ ~°'?~;a .,p.,R.`ELjtOC)ANPASSOCIA ~ F .
Plan must be published in local newspapers, with information regarding where the public
can review the entire Plan.
We will attend and facilitate all required meetings and hearings. This proposal includes
up to 64 hours of community input meetings (focus groups, community meetings,
Planning Commission meetings, and Council meetings). Although the precise number of
total meetings and presentations would be developed at a Scoping meeting, we
recommend utilizing a focus group process, in which relatively small (20 or fewer)
participants in several groups would meet to he~~r a presentation on a particular topic and
then provide feedback. A focus group process is highly effective in targeting issues of
concern to the community. Because the focus group process is as much about the
participants learning as it is about gaining inforration, the City would also be able to
communicate key concepts to the focus group Participants that it feels are important.
Additional meetings with community groups, meetings before Commissions, the Council,
advisory groups, and general community groups beyond these 64 hours will be attended
and billed as additional services on a time and materials basis, at $130 per hour of the
consultant's time plus any expenses.
Fair Housing -- Federal law requires local jurisdictions to have on file a completed
Analysis of Impediments to Fair Housing Choice (AI) as an ancillary document to the
Consolidated Plan. Although this has yet to occur, since this is the first year of the City's
Consolidated Plan, we recommend including an action item in the ConPlan to complete
the AI.
Timelines and Responsibilities -Attached to this proposal is an outline that includes each
required component of the ConPlan and the su;~gested timeline for completion. For the
purposes of this proposal, it is assumed that the City will be required to submit its draft
ConPlan to HUD by May 15, 2006; however, staff has asked that the timeline be
compressed to accommodate Vera Gil's upcomling leave of absence. We will, at the
scoping session, revise the attached timeline to better reflect the City's needs.
Staffing -- Diana Elrod, as sole proprietor and Principal, is responsible for all aspects of the
completion of this Housing Element. Diana Elr~od's resume is included as an addendum to
this proposal. No additional staff or consultants are proposed.
Scoping Session -- At the initiation of the contr~~ct, Solutions will meet with staff to review
the proposed work tasks and discuss how they can most efficiently and cost effectively be
implemented. This Scoping Session will:
Review the proposed timeline for completion of each task and establish a schedule for the assembly of
information and the preparation of draft documents.
• Determine how each work task can best be accomplished and allocate responsibilities among staff and
consultant team members to assure the timely and efficient completion of each step.
• Establish a meeting schedule with staff representatives and others as needed to expedite data gathering
and the development of housing policies.
SOLUTIONS FOR AFFORDABLE HOUSING
PAGE 23
~~ `Ir~ST^TEMENT OF QUALIFICATIONS t~ND,PROPO$AL, 4y*~}~ ~~'
~~'f, r e .
"' ~:~' ~,~z._ D.R. ELROD AND ASSOCIATE$'~ r` # '~ ~~ t
- ,<i...
• Assemble and review existing data. As described in tf pis proposal, our approach will maximize the use of
existing data.
• Determine how coordination and task management i~, best accomplished. Designate a point person from
the staff who will help assemble materials, schedule r~eetings and gather comments on all written drafts.
References - In addition to the contact information found within the Statement of
Qualifications, additional references for Diana Elrod and D.R. Elrod and Associates can be
found in an attachment.
Insurance - D.R. Elrod and Associates currently has and will provide evidence of the
required insurance when selected as the consultant for this project. We will include the
City as an additional insured in whatever manner the City's Risk Manager deems
appropriate. Please note that, as the sole employee of the company, Diana Elrod does not
have Worker's Compensation Insurance, nor will any employees be added to the company
during the life of this project that would require such insurance.
SOLUTIONS FOR AFFORDABLE HOUSING
PAGE 24
- ~` ~ °~' r `TIME AND TASKS
NOV DEC JAN FEB MAR APR MAY
Weeks 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
TASK
Conduct Scoping Session ~~;~~...,. ~~;:
Collection of data `~A~, A° :~,
~€~
Review and incorporation of ~ `
CAPER follow up information
Development of foundation ~:
document _
..... .
Staff-initiated funding hearings ,. ,.;~-
~. ~
- ~-~...
Update data following funding
approvals "fix
>-
Public Review period for draft _
document -.
Public meetings and hearings 5~.~: ,,:- .:-
..
Final revisions
<" ~ _r
Forms and applications ,.r ;,
_`~ ~ _tr.
:.~ _~
Submit to HUD 15
SOLUTIONS FOR AFFORDABLE HOUSING
PAGE 28