HomeMy WebLinkAboutContracts & Agreements_12-1984_CCv0001.pdf PROFESSIONAL SERVICES AGREEMENT
FOR
PREPARATION OF A REVISED HOUSING ELEMENT
CITY OF REDLANDS
GENERAL PLAN
1. IDENTIFICATION
This Agreement is effective as of the I day of June, 1984, by and between
the City of Redlands (hereinafter collectively referred to as "CITY") and
DONALD A. COTTON ASSOCIATES, INC. (hereinafter referred to as "DACA").
2. RECITALS
WHEREAS, CITY desires to retain DACA to perform professional planning
services related to the update and revision of the Housing Element of the
General Plan in conformance with Article 10.6 of the California Government
Code; and,
WHEREAS, DACA is well qualified by reason of education and experience
,to perform such services; and
WHEREAS, DACA is completing the update of the needs assessment data for
this Housing Element revision under a separate contract with San Bernardino
County; and
WHEREAS, DACA is willing to reader such professional services as
hereinafter defined.
NOW THEREFORE, for and in consideration of the mutual covenants and
conditions herein contained. CITY hereby engages DACA and DACA agrees to
perform the following services.
3. AGREEMENTS
3.1 Definitions: The following definitions shall apply to the following
terms, except where the terms of this Agreement otherwise require:
3.1.1 "Project". The planning services or any portion thereof
described in the attached Work Products and Methodology and
labeled Exhibit I.
3.1.2 "Services": Such professional services as are necessary
to be performed by DACA in order to complete the plans
and studies described in the aforesaid Exhibit I.
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3.2 Agreements of ACA agrees as follows:
3.2.1 That DACA will prepare a revised Housing Element and
supporting documentation as required by Title 7, Division 1,
Chapter 3, Article 10.6 of the Government Code of the State of
California. DACA will prepare the Housing Element according
to the attached Work Program and consistent with the State and
City guidelines for such Housing Element.
3.2.2 That DACA will supply three (3) review copies of the screen
draft to CITY within ninety (90) days of our authorization to
proceed; DACA will make revisions to the draft of the Housing
Element suggested by the CITY staff and deliver fifteen (1 5)
copies of the draft Housing Element to the CITY within ten
(10) working days of the CITY'S transmittal of comments to
DACA on the review of the screen draft.
3.2.3 That DACA will, at DACA'S sole cost and expense, secure such
other persons as may, in the opinion of DACA, be needed
to comply with the terms of the Agreement and, if such other
persons are retained by DACA, such persons shall be fully
qualified to perform such services.
3.2.4 Invoices for services shall be submitted by DACA in accord
with the payment schedule contained in Section 3.3.
3.3 Agreements of CITY: CITY agrees as follows:
3.3.1 a) to pay DACA the sum of $7,370.00 for the performance of the
services identified in the Work Program. Payment to DACA
is to be made according to the following schedule.
b) CITY shall make progress payments to DACA in accordance
with the invoice submitted by DACA on a monthly basis, and
such invoices shall be paid within 30 days. Invoices shall
specify the fee, the percentage completion of the work, the
allowable total billing, the total invoiced to date, and
the amount currrently being invoiced.
c) Upon submission of the final document, any uninvoiced
portion of the contract amount shall be invoiced. invoices
submitted by DACA in accord with this schedule shall be
paid within 30 days of the invoice date.
3.3.2 Additional Services: Payments for any services requested by
the CITY during the study and not included in the DACA Work
Program shall be paid on a reimbursable basis in accord with
the DACA Standard Fee Schedule in effect at the time the
services are provided. These costs will be invoiced as they
occur and will be paid by the CITY within 30 days.
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4. OWNERSHIP OF DOCUMENTS
All documents, data, studies, surveys, drawings, maps, models,
photo-graphs and reports prepared by DACA under this Agreement shall be
considered the property of CITY upon payment for services performed by DACA.
Said documents and materials shall be delivered to CITY by DACA at the
completion of the project; however, DACA may take and retain such copies of
said documents and materials as desired.
5. TERMINATION
This Agreement may be terminated by either party upon the giving of a
written "Notice of Termination" to the other party at least fifteen (15)
days prior to the termination date specified in said notice. In the event
this Agreement is terminated, DACA shall be paid the full value of
his service, based upon the percentage of completion of his work on the date
of termination.
6. NOTICES
Any and all notices, demands, invoices, and written communications
between the parties by mail shall be addressed to the parties as follows:
William C. Schindler Donald A. Cotton
Community Development Administrator Donald A. Cotton Associates, Inc.
City of Redlands 1028 North Lake Avenue, Suite 207
30 Cajon Street Pasadena, California 91.104
Redlands, California 92373
Any such notices, demands, invoices and written communications by mail shall
be conclusively deemed to have been received by the addressee five days after
the deposit thereof in the United States Mail, postage prepaid and properly
addressed as noted above.
7. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements, either oral or
in writing, between the parties with respect to the subject matter herein®
Each party to this Agreement acknowledges that no representations, by any
party which are not embodied herein and that no other agreement, statement
or promise not contained in this Agreement shall be valid and binding. Any
modification of this Agreement will be effective only if it is in writing
signed by the parties.
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S. SAVINGS CLAUSE
If any provision of this Agreement is found to be invalid, void or
unenforceable, the remaining provisions shall nevertheless continue in full
force and effect without being impaired or invalidated in any way.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with
the laws of the State of California.
10. ATTORNEY'S FEES
In the event that legal action is necessary to enforce the provisions
of the Agreement, the parties agree that the prevailing party in said legal
action shall be entitled to recover attorney's fees from the opposing party
in any amount determined by the Court to be reasonable.
11. INSURANCE
DACA, INC. agrees to maintain in full force and effect during the term of
this Agreement a public liability insurance policy with limits in the amount
of $100,000.00, and which indemnifies the CITY from all liability from
loss, damage, or injury to persons or property arising from the performance of
these services.
12. COUNTERPART EXECUTION
This Agreement may be executed in counterparts, each of which so
executed shall be deemed an original irrespective of the date of the
execution, and said counterparts, together shall constitute one and the same
agreement.
CITY: CITY OF REDLANDS GACA: A
Signature Id Signature
NameX- O Name Donald A. Cotton
H-oi Vy'
Title it der Title President
Date Date June 1, 1984
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EXHIBIT I
WORK PROGRAM
This section discusses the major tasks which DACA proposes to complete and the
methodology that will be employed. It is organized to show the procession of
the work and the correspondence of the work products with the requirements of
State law. It has been our experience that organizing the Housing Element so
that it can be easily compared to the requirements of state law speeds the
review and certification process at the State level. The resulting document
is also easily understood by lay people.
All information developed by the consultant will be summarized in charts and
where appropriate, graphically represented on maps. These will be useful for
other planning purposes as well as the housing element. The accompanying text
and analysis will explain the importance of the information for understanding
the housing needs of the residents of the City of Redlands.
PHASE Is UPDATE OF POPULATION, HOUSING, AND HOUSING MARKET INFORMATION
DACA will review all available data and identify any additional information
that may be required. We will then discuss with appropriate staff members the
best means of remedying any data deficiencies. We have assumed that the City
will provide the information unless otherwise noted. The following
information with be needed for the Housing Element update:
a. Current information on population, households, employment, and income
for the City. 1980 Census information at the Census Tract level will
be assembled from information provided by San Bernardino County.
This will be supplemented with information from the State Department
of Finance, the Bureau of Labor Statistics, and HUD' s Annual Housing
Survey.
b. Information on the location and extent of housing deterioration in
Redlands. Information developed by San Bernardino County for use in
the preparation of the Housing Assistance Pion (HAP) is acceptable to
the State. We have assumed that it will be used for this update.
C. Information on the location and potential development capacity of all
vacant and underutilized land. Aerial photographs and records of the
planning and building departments will be used to develop an inventory
of vacant land by zone.
d. Current housing prices by unit size for census tracts and the City as
as a whole. Information on the sales prices of new homes is
available from Security Pacific National Bank and the Federal Home
Loan Bank Board. Information on the sales prices of older housing is
available from the Society of Real Estate Appraisors. Altogether,
the sample will represent between 40% and 60% of the homes sold in
Redlands over the past year.
e. Current rents by unit size for the City. Rent information will be
obtained from local realtors specializing in rentals, apartment
management firms, and from the local paper.
f. Trends in residential demolition and construction over the past 3
years from records in the planning and building departments and the
State Department of Finance.
g. Identification of the location and extent of environmental or
infrastructure constraints on further residential development. This
will involve interviews with staff of key agencies and departments
providing these services to identify problems.
h. Projections of population, household, and employment growth in
Redlands over the remainder of the decade, and Redland' s share of
expected regional growth and housing need. City staff, SCAG and the
State Department of Finance all prepare such forecasts. They will be
reviewed for consistency and reasonableness.
PHASE 11: ANALYSIS OF HOUSING CONDITIONS AND HOUSING NEEDS DATA
The consultant will review the in-formation collected in Phase I and analyze it
to determine and identify:
a. Growth trends in Redlands in comparison to surrounding cities and
the region.
b. The relationship of Redlands' housing market to the regional
housing market.
c. The characteristics of the City's existing households and any
projected changes.
d. The number of households with special housing needs (elderly,
handicapped, large families, undocumented aliens, etc. ).
e. The match between the housing needs of the City's population
and the housing available to them.
f. The relationship of the cost of housing in Redlands to the income
of its residents.
g. The balance of housing and employment opportunities in Redlands.
h. Governmental constraints on housing production.
i. Non-governmental constraints on housing production.
j . Opportunities and costs of alternative energy sources for City
housing.
R. The growth potential for the City over the remainder of the 1980' s.
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PHASE III: SUMMARY OF HOUSING NEEDS
The trends revealed by the preceeding analysis will be used to produce a
summary of existing and projected housing needs for all economic segments of
the community. As much as possible, this information will be quantified and
groups with special needs identified. GACA will then meet with City staff to
discuss the needs analysis as it relates to existing City programs.
PHASE IV: EVALUATION OF EXISTING PROGRAMS
GACA will meet with City staff and staff of the Office of Community
Development in San Bernardino County to determine the achievements under
adopted housing programs in comparison to the goals set in the current Housing
Element. Reasons for shortfalls will be explored to identify new programs and
changes in existing programs which would better address the housing needs of
Redlands' residents identified in Phase 111. Specifically, the housing
program will be reviewed to insure that it:
a. Identifies adequate sites which can be developed with a full range of
housing types to meet the housing needs of existing and future
residents.
b. Contains programs to assist in the development of low and moderate
income housing.
c. Addresses, and where appropriate, mitigates the constraints which
government imposes on the maintenance, improvement, and development of
housing.
d. Contains programs to preserve and improve the condition of existing
affordable housing stock.
e. Insures that housing opportunities are available for all persons
regardless of age, religion, sex, marital status, ancestry, national
origin, or color.
PHASE V: HOUSING PROGRAM
DACA will develop a draft housing program based on discussions during the
previous phases. Given the existing, active housing and economic development
program in Redlands, we do not anticipate that extensive changes or
additions will have to be made to the programs contained in the adopted
Housing Element. The draft housing program will identify goals, funding
sources, implementation time frames, agencies responsible for implementation
and any problems of consistency with other adopted or proposed plans or
policies.
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PHASE VI: DRAFT HOUSING ELEMENT
The draft housing element will be assembled from the information developed in
Phases I through V. A screen check copy will be provided to staff for review
before fifteen (15) copies are printed for review by the State Department of
Housing and Community Development and City officials.
PHASE VII: PUBLIC REVIEW AND FINALIZATION
DACA will assist City staff in presenting the draft Housing Element to the
Planning Commission and City Council. Ail comments and changes arising from
these meetings will be prepared for incorporation in the final document. If
necessary, DACA will (in cooperation with City staff) develop responses to any
questions or comments received from the State Department of Housing and
Community Development after their review of the draft. Twenty copies of the
final document will then be printed.
SCHEDULE
We understand that the City would like to have its revised housing element
completed as soon as possible. DACA will work with City staff to provide
necessary documents in a timely manner. We are available to begin this
project immediately and will have a screen draft ready for City review within
ninety (90) days of beginning work.
In developing the work schedule, we have assumed that City staff will be
available to assist us in locating and developing information sources in
Phases 1 and 11, and to review work products promptly in subsequent phases.
Close cooperation between staff and DACA will be essential in order to meet
the project schedule.
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