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13-178 MIG, Consultant Service for Housing Element UpdateNovember 27, 2013 MIG 800 Hearst Avenue Berkeley, CA 94710 Re: Agreement OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino.org Enclosed is a fully executed original copy of your agreement with the City of Cupertino. If you have any questions or need additional :information, please contact the Community Development Department at (408) 777 -3308. Sincerely, Dorothy St fott Senior Office Assistant cc: Planning Enclosure AGREEMENT BETWEEN THE C[TY OF CUPERTINO AND MIG FOR CONSULTANT SERVICES FOR HOUSING ELEMENT UPDATE �j THIS AGREEMENT, for reference dated October 23, 2013, is by and between ITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City "), and MIG, a California corporation, whose address is 800 Hearst Avenue, Berkeley, California 94710 (hereinafter referred to as "Consultant"'), and is made with reference to the following: RECITALS: A. City is a municipal corporation 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 Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this; Agreement; and C. City and Consultant desire to enter into an agreement for a total amount not to exceed ONE HUNDRED FIFTY EIGHT THOUSAND, FIVE HUNDRED SEVENTY FIVE DOLLARS ($158,575) 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 November 4th, 2013, and shall terminate on December 31, 2014, 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, in accordance with the terms and conditions set forth in this agreement. Consultant's Project Manager to represent consultant during the day -to -day work on the Project is Genevieve Sharrow, Associate Principal. Consultant's Project Manager shall have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the. City. Consultant, at City's request, also agrees to promptly remove personnel who City finds do not perform.the Services in an acceptable manner. 3. COMPENSATION TO CONSUL'T'ANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amounts set forth in Exhibit B, which are attached hereto and incorporated herein by this reference. Payment: shall be made by checks drawn on the treasury of the City, to be taken from the 110- 7302 -9330 fund. Consultant shall submit monthly invoices to the City in accordance with the provisions set forth in Exhibits C. 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. 6. 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 noncompliance of this provision by Consultant. 7. 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. 8. HOLD HARMLESS: 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 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. 9. 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, D and E. Such certificates, which do not limit Consultant's indemnification, shall also 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 (30) 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' Compensation: Statutory coverage as ri,quired by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: 9500,000 each occurrence 9; 1,000,000 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: S 100,000 each occurrence or Combined Single Limit: $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. SUBROGATION 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 behalf 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 may acquire against City by virtue of the payment of any loss under 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 shall 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: 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 ifor 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. 10. CONFLICT OF INTEREST: 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. 11. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, 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 i - 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. 12. SUBCONTRACTOR APPROVAL: Unless prior written consent from City 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. Consultant may change or add subcontractors only with the prior written approval of City. 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. 13. 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. 14. 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 any individual or organization by Consultant without prior approval by City. If such Reports are reused by City for any purpose other than that for which such Reports were originally prepared, or if City causes such Reports to be altered without Consultant's written consent, such reuse shall be at City's risk. 15. 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. 16. 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 approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Aarti Shrivastava, Director of Community Development All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: MIG, Inc. 800 Hearst Avenue Berkeley, California 94710 Attention: Laura R. Stetson, AICP 17. TERMINATION: In the event Consultant fails or refuses 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 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 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 prior to the effective date of termination. 18. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 19. 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. 20. 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. 21. WAIVER: A waiver by City of any breach of any 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. 22. 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. 22. INSERTED PROVISIONS: 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. 0 23. 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. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation MIG Inc By'� By Gary C Title ff nazi Title City Plal7mr Date Elate FA---COMMENDED FOR APPROVAL: Flv , e 6// 9, 0-4 ? Tit l Director, Community Development APPR }VED AS TO FORM: Flv ` City Attorney ATTEST: Fly: /ov„ City Clerk //L?- 9� lu - �-� -� 0 do EXHIBIT A SCOPE OF SERVICES HOUSING ELEIV[ENT UPDATE Scope of Work We have prepared a scope of work based upon our extensive Housing Element experience and our understanding of what is needed for the Cupertino Housing Element. The RFP includes a comprehensive and thorough scope of work. Some of the items from the RFP scope of work have been reorganized under different tasks in this proposal to facilitate a streamlined linear approach to project completion and budgeting. We have developed a core scope that directly addresses the requirements of State law, supplemented by optional tasks from which the City can choose to enhance the program. This allows for the most flexibility in terms of scope of services, budget, and schedule. Based on subsequent discussions with City staff, the scope can be expanded, contracted, or otherwise modified. With regard to the extent of staff involvement or staff assistance that will be required for this project, City staff will be responsible for providing MIG with needed City data, and will review documents and materials we have prepared. Staff will also be responsible for preparing public notices related to public meetings and hearings. PHASE 1 — COMMUNITY ENGAGEMENT AND HOUSING ELEMENT PREPARATION Task 1 - Project Initiation and Ongoing Coordination 1.1 - Project Kick -off and Work Program Refinement We will conduct a kick -off meeting with City staff to refine the work scope, identify key project team roles, and establish product review procedures. The project scope, including community outreach components, will be refined based on our discussion, and critical project milestones and a clear project schedule will be established. The project schedule will outline a work plan focused on achieving an adopted and State - certified Housing Element by January 2015. Critically, the schedule will show how Housing Element tasks integrate with the focused General Plan update work program, particularly with regard to community outreach activities and the CEQA process.. 1.2 Ongoing Coordination /City Staff Meetings For the duration of the project, MIG project managE�r Genevieve Sharrow will conduct regular phone calls with City staff to ensure project coordination and to support close collaboration. These calls and meetings will allow the team to review project status and to discuss issues, documents, and plan presentations. This task will also include correspondence with the City to advise and respond to questions from City staff regarding completion of required CEQA documentation for the project since another consultant will be preparing the CEQA document. 1.3 - Use of BaseCamp To ensure the City /consultant team has easy access to all materials associated with and produced as part of the Housing Element update, we will use the BaseCamp program for posting of documents. BaseCamp is more than an ftp site. The software allows for easy team communications and document control. We will manage the site and invite the entire City /consultant team to use it. 1.4 - SB 18 Consultation (OPTIONAL) MIG has included an optional task to assist the City with SB 18 consultation, as required by State law. As part of this optional task, MIG will provide the City with draft letters to Native American Heritage Commission and identified tribes, along with instructions for SB 18 Consultation. Telephone calls or meetings with responding tribes are not included in this proposal. Because this effort is also required for the focused General Plan update underway, WE! can look at how the tasks might be consolidated. P G A. N N I N; G I' D <E S I G N I 'C. O' M. M' U N i G A 'T 1 Q N' S I :M A N: A G E K4 E 'N' f j T E` C H N O L a G Y &00 H a,r;,,t A.ve,hu,e 6 Be:Kn e,y: Cal fcrnia 947.'10 w::hv?.ri gcorn_.c;'or= 0!f"f;=ces :'r -s Da,v*s, Fulie % ton u Pasad "ena, A E;ilgane &, Pc rdan. d, OR : R.ale gF, NC' 1.5 - Density Bonus Zoning Code Amendment As indicated in the RFP and our discussions with you, the City has not yet completed the amendment to the density bonus provisions in the Zoning Code to ensure full compliance with State law. Having density bonus regulations that achieve this status will be required to qualify for HCD's streamlined review of the draft Housing Element. The MIG /VTA team will assist the City with completing the Code amendment prior to the time we submit the draft Housing Element to HCD for review. SB 1818 (2004) made several changes the State density bonus law, including: • Putting the density bonus on a sliding scale from 20% to 35% for apartments, and 5% to 35% for condominiums • Reducing required parking • Requiring local governments to grant developers flexibility on one to three land use rules depending on how many affordable residences will be included in the proposed developments • Requiring local governments to approve requested flexibility in land use rules except for three relatively narrow reasons (not needed by dE!veloper, adverse impact that cannot be mitigated on either a Historic - Cultural monument or public health and safety) The ordinance must be updated to reflect the sliding scale of units permitted with a density bonus. Furthermore, the law is general in the area of flexibility on land use rules- also called concessions or incentives, which the density bonus ordinance should address. We understand that the City has completed draft revisions. We will review the revisions for compliance with State law and our understanding of Cupertino's needs, and will provide a track - changes draft Density Bonus Ordinance, building on the City's draft. This budget and scope assume one round of review of the draft amendment and then preparing the final draft amE!ndments in response to City staff comments. This scope and budget includes attendances at one (1) hearing. Deliverables • Administrative Draft Density Bonus Ordinance (one digital copy) • Hearings Draft Density Bonus Ordinance (one digital copy) Task 2 - Community Engagement State Housing Element law requires that meaningful public outreach be included as part of the update process. More importantly, however, Cupertino views robust community engagement to be critical to the planning process. In our ongoing work on the General Plan update, we appreciate the intense interest Cupertino residents express in maintaining community qualities, and we know the Housing Element program will continue to elicit impassioned participation and views. In the RFP, the City identifies its desire for a broad -based communily engagement program consisting of stakeholder interviews, community meetings, commission and council study sessions, and of course public hearings. Our goal is to ensure the engagement program reaches the appropriate constituencies, allows for thorough education and input, and avoids meeting confusion and fatigue (relative to events planned for the General Plan update). Based on our prior housing element work experience, we have seen that the public responds best when participants can react to concrete proposals. We have found that a successful way to solicit input on housing issues is to include the Housing Element as an informational item at a regularly scheduled Planning Commission, Housing Commission, or City Council meeting. However, for 2 Cupertino we recommend that the process be "fror t loaded," with opportunities for stakeholder input on issues and preliminary programs and ideas before the Element is drafted. Once the draft Housing Element is complete, we will conduct workshops with the Housing Commission, Planning Commission, and City Council. If it works from a scheduling perspective, we recommend joint workshops, as we have found such workshops encourage a healthy interplay of ideas. As part of the work scope refinement process, we can discuss with staff the most effective approach for community engagement based on the ideas presented below, including opportunities to ensure the involvement of key stakeholder groups, non - profits, and the community. Laura Stetson and Ellie Fiori, both of whom have extE)nsive professional facilitation experience, will lead all community engagement activities. Public hearings, which are part of the community engagement process, are addressed in Task 5. 2.1 - Housing Element Website and On -line Survey (OP77ONAL) As an optional task, MIG can modify the structure of the existing General Plan update website we are maintaining to include a separate Housing Element tab and /or to integrate the Housing Element schedule and tasks into the overall materials for the General. Plan. This task would include providing notifications of upcoming workshops and hearings, and for posting of draft materials for review and comment. We would also include an on -.line survey focused on housing issues. 2.2 - Stakeholder Interviews As indicated in the RFP, City staff anticipates substantial public interest in the Housing Element update. A series of stakeholder interviews will allow for ideas and opinions to be learned early in the process, before policy and program revisions are drafted. Through the stakeholder interviews, we will be able to engage in frank discussions with housing services providers, developers, major property owners, homeowners associations, and underrepresented communities and communities with special needs. Those groups listed on page b of the RFP will 'oe among those invited to the interviews. To ensure that this broad reach is achieved, our scope provides for a full day and evening of stakeholder interviews. We will work with City staff to develop the list of groups to be included. Some of the interviews may consist of one -on -one discussions, with most, however, consisting of group interviews; the groups will be arranged based on loose affiliations or missions. For example, the evening meeting would include homeowner associations and other Cupertino residents' organizations. During the day, we will reach out to organizations knowledgeable of the housing and community development needs of special needs groups to gauge the type and extent of needs for families, elderly residents, disabled residents, homelE >ss persons, and persons living with AIDS /HIV. Following the interviews, we will prepare a summary report. 2.3 - Community Workshop Series MIG will conduct a total of three community workshops to occur at strategic points during the program. These community meetings will offer the public additional opportunities to provide comments on housing issues and feedback on preliminary recommendations with regard to potential housing sites„ and contribute to clarifying housing policy for the Draft Housing Element. At the workshop, we will present background materials regarding projected five- to ten -year growth on the Peninsula and in the Bay Area, the RHNA, Cupertino's prior and ongoing efforts to meet identified housing needs, and preliminary ideas for this 2014 -2022 planning period. During the workshops, MIG staff will use its well -known graphic recording process to make sure all ideas and opinions are captured. Following the workshops, we will prepare a summary report. 3 2.4 - Housing Element Study Sessions with Commissions and Council (First phase optional) It will be important to engage the Housing Commission, Planning Commission, and City Council in policy direction before the official draft Housing Element is prepared and once again before the official draft Element is forwarded to HCD for review.. In the RFP the City identifies the need for the following: • Housing Commission - one study session • Planning Commission - two study sessions • City Council - two study sessions In our prior Housing Element work, we have found joint study sessions to be highly effective for encouraging discussion among diverse policy voices, and to be sensitive to the public's desire to avoid meeting fatigue. If Cupertino is accustomed and amendable to joint sessions, we will arrange for them accordingly. If separate sessions are desired for the commissions and council, we can arrange this as well. In response to the RFP, the budget provides for five study sessions. However, cost savings can be achieved if the City opts for joint sessions. The Housing Element Study Sessions are intended to be delivered in two phases —the first with Planning Commission and City Council, and the second with the Housing Commission, Planning Commission, and City Council. The total cost for the first phase of study sessions would be $6,000; this phase is identified as an optional item. For each study session, we will prepare for the City on electronic invitation template to stakeholders for distribution. City staff will identify appropriate recipients of invitations and distribute a public notice regarding the study sessions. For the sessions, we will provide an overview of the Draft Housing Element— including State requirements, constraints, and programs designed t(D meet the RHNA —and options for housing goals, policies, and programs. The public and Commissioners /Council members will be asked to review and provide feedback on the information provided. MIG will prepare the PowerPoint presentation for thE� study sessions, as well as staff reports to be distributed prior. MIG will submit the documents electronically to City staff for review, reproduction, and /or distribution. MIG will organize and lead each session. 2.5 - Housing Element Advisory Committee (OPTIONAL) In the RFP, the City asks for us to consider whether a Housing Element Advisory Committee would be helpful to the process. Given the broad reach we anticipate will be achieved with the activities described above, we do not anticipate that such a committee would be necessary. Instead, if the City believes that another avenue of review and feedback would contribute, we would recommend expanded use of the Housing Commission for public: discussion of proposed policies and programs. Deliverables • Housing Element tab on the current General Plan update website (Optional) • On -line Housing Element survey (Optional) • Stakeholder interview summary (InDesign and pdf electronic files) • Community Workshops: PowerPoint presentation, workshop invitation template, workshop summary with wall graphic (InDesign and pdf electronic files) 4 Study Sessions: PowerPoint presentation, invitation template, staff reports, summary with wall graphic (InDesign and pdf electronic files) Task 3 - Draft Housing Element Consistent with State Housing Element law, the document must include a housing needs assessment, an analysis of constraints to housing production, identification of resources to meet housing needs and available sites for housing development, an assessment of previous accomplishments, and an implementation plan. Task 2.6 School Information Fact Sheet As indicated in discussions with City Staff, additional research and analysis is warranted to provide more detailed information on school- related costs and benefits associated with new residential development and Housing Element policy. The MIG /VTA team will assist the City with additional research, outreach, and analysis related to this task. To conduct more in -depth research on school capacity, school enrollment trends, and school costs, we propose to complete interviews with representatives from both the Cupertino Union School District (CUSD) and the Fremont Union School District (FUSD). Input from these interviews, as well as information provided by the districts, will be used to inform the School Information Fact sheet that we will prepare. Deliverables would include one (1) summary of the interviews and one (1) School Information Fact Sheet. Total cost for this task would be $8,000. This budget assumes one round of review of the School Information Fact Sheet and then preparing the final document in response to City staff comments. Deliverables • School Interview Summary (Word /PDF electronic file) • School Information Fact Sheet (Word /PDF electronic file) 3.1 - Assessment 3. 1.1 - Document Review The MIG /VTA team will review City documents to aid in understanding local conditions and the community's housing needs. A complete data needs list will be provided to the City prior to the kick- off meeting. The consultant team will be responsible for identifying and resolving any information gaps. 3.1.2 - Progress Report on the 2007 -2014 Housing Element The Housing Element is required by State law to include a report on the progress the City has made in implementing the current Housing Element. Based on our preliminary assessment, we understand that Cupertino has implemented virtually all of the programs in the 2007 -2014 Element. Consistent with State law, we will assess the continued appropriateness of the programs and policies in contributing to the attainment of the stated housing goals. The project team will specifically assess all housing programs to determine whether existing programs were successfully implemented and to inform future policy recommendations. The results of the 2007 -2014 progress report will be quantified where possible, but may be qualitative where necessary.. The consultant team will prepare a Housing Elemerri assessment memo /progress report summarizing the results from this analysis and recommending specific changes to be incorporated into the Housing Element update, as well as a detailed outline for the Housing Element update, considering the findings of the Housing Element assessment memo. 5 3.2 - Housing Element Preparation The MIG/VTA team will prepare the components of a draft Housing Element that address the requirements of State law. In preparing the Housing Element update, we will proactively identify issues, immediately bring those issues to the attention of City staff, identify potential solutions, and coordinate with City staff as to the best course of action. 3.2.1 - Housing Needs Analysis We will complete a housing assessment and needs analysis to comply with Government Code Section 65583(a), SB 375, and other applicable StatE> statutes, covering specific demographic, economic, and housing topics as identified in the RFP. We anticipate updating the Housing Needs Assessment with housing and population data based on the 2010 U.S. Census, latest three- and five - year estimates from the American Community Survey, and other up -to -date City data available related to existing housing units and recent development projects. The MIG /VTA team will assess housing costs and conditions and evaluate housing needs within the City, including housing needs for special population groups. We will address any applicable new State laws, including SB 812, which requires an analysis of developmentally disabled persons' housing needs, in this section. We will also assess existing assisted housing developments that ore eligible to change designation from low - income housing to market -rate housing over the next 10 years, consistent with State law. 3.2.2 - Housing Constraints Analysis The Housing Constraints analysis identifies potential and actual governmental and nongovernmental (e.g. physical or financial) constraints to housing production, including any constraints on people.with disabilities, as required by SB 520. We will update this section as necessary with up -to -date development processes and fees, as well as changes in market constraints due to the economic changes since the last Housing Element was written. We will assess the potential for residential development consistent with adopted land use and zoning policy, as well as opportunities for energy conservation. Where constraints exist, we will suggest housing programs to mitigate or remove these constraints. 3.2.3 - Housing Resources and Sites Analysis The Resources and Sites analysis will focus on site suitability for housing, drawing from sites identified in the 2007 -2014 Housing Element. We anticipate that many of these sites will continue to be available for this Housing Element; where new sites are necessary due to project development or changes in circumstance, we will assess the areas in the City identified as most likely to redevelop at density levels that can facilitate affordable housing and prepare appropriate GIS maps. We will also draw from the analysis of potential housing sites arising from the General Plan update discussion, notably any consideration for high- density and /or workforcE> housing at the Vallco Shopping Mall. The analysis will also evaluate and include funding resources, administrative resources, and opportunities for energy conservation. 3.2.4 - Housing Goals, Policies, and Quantified Objectives Based on the analysis completed in the above items and building on the existing housing element, MIG/VTA will craft a Housing Plan with goals, policies, and implementation programs relative to the maintenance, preservation, improvement, and development of housing to cover this new planning period. Quantified objectives will also be established to address housing needs for all income groups, including extremely low income households. We will craft a Housing Element that responds to State law requirements that ensure housing opportunities are available to all persons in the city; preserve and improve the existing stock of affordable housing; facilitate development of adequate housing to meet the needs of low- and moderate - income households, meeting regional share of goals; mitigate any governmental constraints to housing production, improvement and /or maintenance; and ensure consistency with other General Plan elements and community goals. The Housing Plan will also include an implementation program including monitoring procedures and milestones for assessment purposes. 3.2.5 - Administrative Draft and Draft Housing Element The Administrative Draft Housing Element will be submitted to the City electronically for staff review. The City will be responsible for collecting all staff comments and creating a single "comment document" from which MIGNTA will revise the Administrative Draft Housing Element for the Commission and Council study sessions. The scope and budget assume one round of staff comments and consultant team revisions. Following the series of study sessions on the preliminary draft Element and based on input from community leaders and residents, we will revise and prepare the official public review draft of the Housing Element to transmit to HCD. Deliverables • Administrative Draft Housing Element (InDesign and pdf electronic files) • Draft Housing Element for Public Review (30 printed copies, plus InDesign and pdf electronic files) PHASE 2 - HOUSING ELEMENT ADOPTION AND CERTIFICATION Task 4 - Liaison to the Department of Housing and Community Development 4.1 - HCD Liaison and Certification This task involves coordination with HCD to review the City's Draft Housing Element for consistency with State housing element law, including preparation and submittal of transmittal letters to HCD and completion of Streamline Review checklists. For our recent work preparing Housing Elements for the fifth cycle for jurisdictions in the Southern California Association of Governments (SCAG) and San Diego Association of Governments (SANDAG) regions, we have succeeded in securing compliance letters from HCD after only a single round of review. We have worked extensively with HCD staff during the review periods to address their comments prior to expiration of the 60 -day review timeline. For Cupertino, our goal is to achieve the same. However, to be conservative, our scope assumes up to two rounds of HCD review for the draft Housing Element and one round of HCD review on the adopted Housing Element. (HCD is allowed 60 days to review a draft Housing Element and 90 days to review an adopted Housing Element.) During the initial review period —and during the course of Element preparation —we will keep in contact with HCD staff to facilitate review and anticipate /respond to any specific concerns HCD may have. As necessary, we will provide HCD with any requested supplemental data or information on proposed programs, policies, and strategies to meet the RHNA and otherwise comply with State law. As we cannot fully anticipate the depth and scope of comments HCD will offer (particularly given the recent HCD administration changes) nor the time required to effectively negotiate a position acceptable to the City, we have provided an allowance for this task in the program budget. If additional effort is required beyond this allowance, we will bill for additional work on a reimbursable basis with prior authorization from the City. Our scope includes pre - submittal consultation with IdCD staff, submittal of the Housing Element, completion of the Streamline Review checklists, conference calls with HCD staff and City staff to discuss comments, and preparation of written responses to HCD comments as needed. Based on interactions with HCD staff in recent months, we have the distinct impression that the new administration is looking to ease the review process for all involved. ti e , Subsequent to City Council adoption, MIG /VTA will consult with HCD staff regarding any changes to text required by Planning Commission or City Council and will submit a final, adopted 2014 -2022 Housing Element to HCD for State certification of compliance with State Housing Element laws. We will work closely with City staff to ensure that the City meets all HCD deadlines and requirements. Deliverables • HCD Draft Housing Element (one digital copy and one printed copy for HCD submittal) • HCD transmittal letter and Streamline Review checklists (printed copies) Task 5 - Hearings, Adoption, and Final Housing Element 5.1 Public Hearing Draft Housing Element Following HCD review and determination that the Draft Housing Element complies with State Housing Element law, we will prepare a version for review by the public and decision makers. 5.2 - Staff Reports and Hearings MIG will prepare staff reports and a PowerPoint presentation to be used during the public hearings. Either Laura Stetson or Veronica Tarn will attend public hearings for adoption of the Draft Housing Element. Our budget includes an allowance we consider sufficient to prepare the staff reports and PowerPoint presentation, and to attend six public hearings (assuming two each with the Housing Commission, Planning Commission, and City Council). Any time required beyond this allowance will be billed on a time -an- materials basis with prior approval by the City. City staff will prepare and publish the public notices. Deliverables 2014 -2022 Housing Element for public hearings (electronic files in pdf and InDesign formats, 30 printed copies, and 30 CDs) • Staff reports for public hearings (Word and pdi' electronic files) PowerPoint presentation for public hearings Adopted 2014 -2022 Housing Element (electronic files in pdf and InDesign formats; assumes that adopted element will be integrated into updated General Plan and printed with that publication) Task 6 - Design Schematics and Legal Descriptions (Optional) In the RFP, the City identifies two tasks that may be added to the work scope and should be identified as optional tasks. The first involves preparing design schematics for future housing sites (with the imagery in a format that can easily be provided to the City). The second involves preparing legal descriptions for any sites proposed to be rezoned to accommodate the RHNA. 6.1 - Design Schematics (OPTIONAL) MIG has in -house capabilities to prepare highly illustrative 3 -d images of potential housing developments on any of the identified sites, whethE!r previously identified (in the 2007 -2014 Element) or under consideration as part of this update. We can show varied examples depending upon densities, massing /stories, relationships to surrounding uses, and any other parameters the City thinks would be helpful to communicate information to the public and policy makers. On the next page we provide examples of our capabilities. In the budget we provide a cost estimate for this task based on conducting a half -day design charrette with City stuff, followed by design refinement at up to three sites. This can be adjusted as part of the scope refinement process. E; W41 O EXHIBIT B COMPENSATION HOUSING ELEMENT UPDATE City shall compensate Consultant for professional services performed for the Housing Element in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set. forth below. Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount for each task set forth below. The compensation to be paid to Consultant under this Agreement for all services described in Exhibit "A and reimbursable expenses shall not exceed the amounts set forth below, for a total amount for the services described in Exhibit A not to exceed $158,575. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City. Rates Principal -in- Charge Project Manager: Strategic Advisor: GP Liaison/Design: GIS /Graphic: Planner and Outreach: Project Planner Word Processing: $195 per hour $110 per hour $135 per hour $130 per hour $125 per hour $120 per hour $90 per hour $85 per hour Invoices In order to request payment, Consultant shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, task(s) for which work was performed, hourly rates, and reimbursable expenses), based upon Consultant's billing rates. Additional Services Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from the City's Project Manager prior to commencement of any additional services. Consultant shall submit, at the Project Manager's request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation.