Agenda Item A.8
CPMS CONSENT CALENDAR
Meeting Date: September 5, 2023
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director
CONTACT: Anne Wells, Advance Planning Manager
Andy Newkirk, Supervising Senior Planner
Stefanie Edmondson, Senior Planner
SUBJECT: Amendment to the Professional Services Agreement No. 2023 -051 with Veronica Tam and Associates, Inc.
RECOMMENDATION:
Authorize t he City Manager to execute Amendment No. 1 to Professional Services Agreement No. 2023-051 with Veronica Tam and Associates, Inc. , amending the scope of work for continued Housing Element Professional Services and i ncreasing the maximum contract amount by $43,000, for a total not-to-exceed amount of $87,900.
BACKGROUND:
The City’s contract with Veronica Tam and Associates , Inc. (Consultant) for Housing Element Professional Services (Agreement No. 2023-051) has a not-to-exceed amount of $44,900 and includes four tasks: eventual certification of the City’s Housing Element ; public outreach; implementation of the Housing Element; and basic environmental review.
The contract assumed that if anything other than a n exemption to the California Environmental Quality Act ( CEQA) was required, additional funds would be needed for CEQA review.
In response to the State Department of Housing and Community Development’s (HCD’s) latest comments (dated March 20, 2023) on the City’s adopted Housing Element 2023 - 2031, City staff and the consultant prepared related revisions. Additionally, City staff and the consultant facilitated three City Council and Planning Commission joint study sessions in July 2023 (two more than originally envisioned at that point of the project) to address HCD comments on the City’s inventory of sites. In response to study session feedback, City staff and the consultant further revised the Housing Element to include the rezoning of sites to meet mandatory Regional Housing Needs Assessment requirements. As a result, additional CEQA documentation beyond the exemption considered in the original agreement will be needed.
1 Meeting Date: September 5, 2023
DISCUSSION:
As noted above, the number of study sessions with the City Council and Planning Commission in July 2023 exceeded what was originally envisioned for the project.
Additionally, the rezoning of sites required to address HCD’s comments and direction received at the study sessions necessitate expanded Housing Element revision s and related environmental review beyond what was originally envisioned for the project.
The requested Amendment No. 1 to Professional Services Agreement No. 2023-051 with Veronica Tam and Associates, Inc . (Attachment 1) includes $43,000 to accommodate expanded public outreach, Housing Element revisions, and environmental review.
Additionally, Amendment 1 includes revisions to the scope of work for Task 4 Environmental Review , allowing for expanded environmental review in the form of a CEQA Addendum to th e City’s General Plan / Coastal Land Use Plan Environmental Impact Report. The CEQA Addendum will include analysis supporting the rezoning of sites needed to address HCD comments and will best position the City to achieve HCD Housing Element certification.
FISCAL IMPACTS:
The proposed increase of $43,000 will increase the contract not -to-exceed amount from $44,900 to $87,900. The original contract is fully funded through the City’s Regional Early Action Program (REAP) Grant (Account #319 -40-4300-51200), which has a balance of $18,688 to assist in funding this amendment request. However, the REAP Grant balance does not support the full contract amendment request. Staff recommends that the remaining amendment amount be covered with $24,312 from General Ledger Account #101-40-4300-51205 (Professional Services - General Plan).
Housing Element, 2023-2029
Fund Type Account FY 23/24
Current
Budget
YTD
Actuals
Total Not-to-
Exceed Amount
Requested
Total
Available
Budget
REAP Grant 319-40-
4300-
51200
$18,688 $0 $18,688 $18,688
Professional
Services -
General Plan
101-40-
4300-
51205
$24,312 $0 $24,312 $50,000
Total $43,000 $0 $43,000 $68,688
ALTERNATIVES:
The City Council may elect not to authorize this contract amendment, in which case staff will lose the technical assistance of Veronica Tam and Associates on the required CEQA analysis and documentation, and their H ousing Element expertise a s the City seeks certification of the Housing Element 2023-2031.
2 Meeting Date: September 5, 2023
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Amendment No.1 to Professional Services Agreement No. 2023-051 with Veronica Tam and Associates
2. Professional Services Agreement No. 2023 -051 with Veronica Tam and Associates
3 Attachment 1
Amendment No.1 to Professional Services Agreement No. 2023-051 with Veronica Tam and Associates
4 City of Goleta
PER and Veronica Tam and Associates Inc.
Amendment No. 1 to Agreement No. 2023-051
AMENDMENT NO. 1
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GOLETA
AND
VERONICA TAM AND ASSOCIATES, INC.
This Amendment No. 1 to the Professional Services Agreement by and between the City of Goleta, a municipal corporation (“City”) and Veronica Tam and Associates Inc. (“Consultant”) dated June 22, 2023 (“Agreement,” Agreement No. 2023-051) is made on this 5th day of September 2023.
SECTION A. RECITALS
1. This Agreement is for professional housing policy and planning services for the Housing Element 2023-2031 project; and
2. T he Agreement currently provides in Section 3 Subsection (a) for th e total compensation amount not to exceed $44,900; and
3. T he parties desire to amend the Agreement so as to provide for additional compensation in the amount of $43,000 for continued services; and
4. T he Agreement currently provides in Exhibit A entitled “Scope of Work” the complete and particular description of services; and
5. T he parties desire to amend Exhibit A by adding additional services as more completely and particularly set forth in the Scope of Work, attached as Exhibit "A-1"; and
6. T he City Council approved this Amendment No. 1 , on this 5th day of September 2023.
SECTION B. AMENDED TERMS
Now therefore City and Consultant agree as follows that the Agreement be, and hereby is, amended as follows:
1. S ubsection (a) of Section 3 . COMPENSATION AND PAYMENT of the Agreement is amended to add an additional authorized amount of $43,000 and to read in its entirety:
(a) M aximum and Rate. The total compensation payable to CONSULTANT by CITY for the servic es under this AGREEMENT SHALL NOT EXCEED the sum of $87,900 (herein "not-to-exceed amount") and shall be earned as the work progresses.
DocuSign Envelope ID: 4C3F0A05-6709-4017-8A81-AA587FBDFDAE 5 City of Goleta
PER and Veronica Tam and Associates Inc.
Amendment No. 1 to Agreement No. 2023-051
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in
CONSULTANT's Schedule of Fees marked Exhibit "B,"
attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONS ULTANT until June 30, 2025, after which any change in said rates and expenses must be approved in writing by CITY's Project
Manager as described in Section 5 (CITY is to be given 60 days’ notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT
for all work described under this AGREEMENT.
2. This Agreement is amended to delete and replace in its entirety:
Exhibit A “Scope of Work ” with Exhibit A-1 “Scope of Work” attached hereto and incorporated herein.
3. Except as otherwise specifically provided herein, all other provisions of the Agreement shall remain in full force and effect.
In concurrence and witness whereof, this Amendment No. 1 has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ ______________________________ Robert Nisbet, City Manager Veronica Tam, President
ATTEST:
_____________________________ ______________________________ Deborah Lopez, City Clerk Veronica Tam, Secretary
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
DocuSign Envelope ID: 4C3F0A05-6709-4017-8A81-AA587FBDFDAE 6 City of Goleta
PER and Veronica Tam and Associates Inc.
Amendment No. 1 to Agreement No. 2023-051
EXHIBIT A-1
SCOPE OF WORK
Task 1: Housing Element and Technical Appendix. CONSULTANT, in coordination with City staff, shall revise the Housing Element and Technical Appendix in response to State Housing and Community Development Department (HCD) direction. The revisions shall be focused in order to meet State law requirements and to achieve HCD certification.
Deliverables: Revised and Re-adopted Housing Element and HCD Certification.
Task 2: Public Outreach. CONSULTANT shall a ssist with and attend outreach efforts, including public hearings before the Planning Commission and City Council and other public outreach activity, as needed and at the direction of the City.
Deliverables: Attendance at public meetings and any needed workshops for the re- adoption and certification of the Housing Element 2023-2031.
Task 3: Housing Element Implementation. CONSULTANT shall assist the City, as needed, with implementation programs in the Housing Element.
Deliverables: Research and document ation as needed based on the implementation program(s) worked on.
Task 4: Environmental Review. Prepare an Addendum to the City’s General Plan/Coastal Land Use Plan EIR (SCH#2005031151), in accordance with CEQA Guidelines Section 15164, including significant analysis and documentation.
Deliverables: Upon receiving one consolidated set of City comments on the Administrative Draft Addendum, CONSULTANT shall prepare a Final Addendum for certification. CONSULTANT shall provide one electronic version (in Adobe Acrobat) to distribute along with the final Housing Element. The full administrative CEQA record shall be sent to the City at this time.
DocuSign Envelope ID: 4C3F0A05-6709-4017-8A81-AA587FBDFDAE 7 Attachment 2
Professional Services Agreement No. 2023-051
with Veronica Tam and Associates
8 '2&80(175287,1*$1'$33529$/)250
5HTXLUHV&RXQFLO$SSURYDO
܆12
܆6
0HHWLQJ'DWH
5HTXLUHV9HQGRU6HWXS
܆12
܆6
,IQR9HQGRU1XPEHU
'LUHFWRU/HYHO$SSURYDO
܆12
܆6
6LWH$XWKRULW\
3URYLGHVXPPDU\RIDJUHHPHQWEHORZ
'RFXPHQW1DPH DQG7\SH
3URMHFW1DPH
9HQGRU1DPH
&RQWDFW3HUVRQ
$GGUHVV
3KRQH1XPEHU
(PDLO$GGUHVV
%XVLQHVV/LFHQVH1XPEHU
&LW\3URMHFW0DQDJHU
&RQWDFW1XPEHU
(PDLO$GGUHVV
$0281712772(;&(('
21&$//6(59,&(6"
܆12܆6
2QFDOOVHUYLFHVUHTXLUHRQHVSUHDGVKHHWWRWUDFNPXOWLSOH32¶ V &281&,/$335235,$7,211(('('
܆12܆6
0D\UHTXLUH3XUFKDVLQJ2IILFHU¶VRYHUULGH WRLQSXW5HTXLVLWLRQ 5287,1*352&(66 '(6&5,37,21 '$7( ,1,7,$/
'HSDUWPHQW+HDG
,QLWLDWLRQ
$XWKRULW\WRLQLWLDWHDJUHHPHQW
5LVN0DQDJHU 6WDIIWRLQLWLDWHUHYLHZRILQVXUDQFHSURYLVLRQLQ DJUHHPHQW &LW\ $WWRUQH\ &RQWUDFW UHYLHZ$SSURYH DV IRUP
)LQDQFH'LUHFWRU
3XUFKDVLQJ2IILFHU
Funding Methods Approved/
Authorized, Purchase
Requisition reviewed.
5HTXLVLWLRQ1XPEHU
6WDII
'RFX6LJQ8VHU
6WDIIURXWHVDJUHHPHQWWRYHQGRUYLD'RFX6LJQIRUHOHFWURQLF VLJQDWXUHDQGUHTXHVWV,QVXUDQFHGRFXPHQWV
5LVN 0DQDJHU 5LVN0DQD JHPHQWVKDOOU DWH,QVXUDQFH
&LW\0DQDJHU &LW\0DQDJHUZLOO DSSURYH DQGVLJQ WKHDJUHHPHQW &LW\ &OHUN &LW\ &OHUN ZLOODSSURYHDQGVLJQWKH DJUHHPHQW ),1$/,=('21
,1,7,$/ 5(62/87,2112
,)$33/,&$%/(
6WDII5RXWLQJ$JUHHPHQW
&RQWDFW1XPEHU
(PDLO$GGUHVV
9HQGRU 6WDIIZLOOURXWHDIXOO\H[HFXWHGFRS\RIWKHDJUHHPHQWWRWKHYHQGRU %(/2:)25&,7<&/(5.352&(66,1*21/<
),/(180%(5
004199
Support for re-adoption and certification of
Housing Element 2023-2031
Professional Services - Housing Element Housing Element 2023-2031 Veronica Tam and Associates
$44,900
Veronica Tam
107 S. Fair Oaks Ave. Ste. 212 Pasadena, CA 91
626-818-9488
[email protected]
in process 2023-
Anne Wells
x7557
[email protected]
Andy Newkirk
x7544
[email protected]
23PE033
9 MEMORANDUM
DATE: June 15, 2023
TO: Robert Nisbet, City Manager
CC: Peter Imhof, Director of P lanning and Environmental Review
FROM: Anne Wells, Advance Planning Manager
SUBJECT: Veronica Tam and Associates - Professional Services Contract _____________________________________________________________________
The following Memorandum provides a brief summary justifying the need for the City of Goleta to enter into a new Professional Services Contract with Veronica Tam and Associates (Tam and Associates) for services relating to the City ’s Housing Element 2023-2031.
x The City issued a Request for Qualifications/Request for Proposals (RFQ/RFP) for the preparation of the City’s 6th cycle (2023-2031) Housing Element on December 8, 2020. The City received three proposals in response to the RFQ/RFP. After evaluation of the proposals and interviews, JHD Planning, LLC (JHD Planning) led by John Douglas was selected as the consul tant for the project. Subsequent to that, the City executed Agreement No. 2021-039 with JHD Planning. x Since that time, John Douglas has supported the City ’s Housing Element 2023-2031 project, including public outreach, prepar ation of a draft Housing Element, State review, and adoption of the new Housing Element. However, to date, the new Housing Element is not certified by the Stat e. John Douglas will retied on June 30, 2023 and the City has a need for continued Housing Element related services to ensure State certification.
x The proposed agreement with Tam and Associates includes four tasks, including eventual certification of the City ’s Housing Element, public outreach, implementation of the Housing Element, and basic environmental review. If an extensive CEQA document is needed, a separate contract for that work will be prepared. x Tam and Associates was one of two firms (along Rincon Consultants) that submitted a joint proposal through the RFQ/RFP proc ess in 2021. Their proposal was one of the finalists for the origina l contract for the project that was awarded to JHD Planning. Note that Rincon Consultants is expected to be a subcontractor on the agreement with Tam and Associated. As such, the contract is consistent with
10 required procurement procedures under subsection 3.05.260(B) of the Goleta Municipal Code.
x The requested new contract would extend to June 30, 2025, with a not-to-exceed amount of $44,900. Subsection 3.05.070(C) of the Goleta Municipal Code authorizes the City Manager to enter into a contract for services, supplies, and equipment for a sum less than $45,000.
x Account #319-40-4300-51200 includes the $195,386 REAP Grant budget funds and has adequate budge balance to fund agreement.
For these reasons, Planning staff requests that you authorize this new contract and instruct Planning staff to facilitate the signatures required to execute a new contract with Tam and Associates for professional services.
11 City of Goleta
PER Department and Veronica Tam and Associates
Project Name: Housing Element 2023-2031
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF GOLETA
AND
VERONICA TAM AND ASSOCIATES, INC.
This AGREEMENT FOR PROFESSIONAL SERVICES (herein referred to as “AGREEMENT”) is made and entered into this ___ day of June, 2023, by and between the CITY OF GOLETA , a municipal corporation (herein referred to as "CITY"), and VERONICA TAM AND ASSOCIATES, INC. (herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional housing policy and planning services for the Housing Element 2023-2031 project; and
2. The CITY does not have the perso nnel able and/or available to perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and
3. The CITY procured these services in compliance with Goleta Municipal Code Section 3.05.260.
4. The City Manager approved this AGREEMENT pursuant to Goleta Municipal Code section 3.05.070.
SECTION B. TERMS
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the services described in Section 2.
CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
Professional Planning Related Services in conjunction with the Housing Element 2023-31 Project and Implementation. Services shall generally include preparation, certification, and implementation of the Housing Element 2023-2031 as more
12 City of Goleta
PER Department and Veronica Tam and Associates
particularly set forth in the Scope of Work, attached as Exhibi t “A,” and incorporated herein.
CONSULTANT shall deliver to CITY the deliverables defined in Exhibit “A.”
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $44,900 (herein "not to exceed amount"), and shall be earned as the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to
CONSULTANT for those expenses set forth in CONSULTANT's Schedule of Fees marked Exhibit "B," attached and incorporated herein. The rates and expenses set forth in that exhibit shall be binding upon CONSULTANT until June 30, 2025, after which any change in said rates and expenses must be approved in writing by CITY's Project Manager as described in Section 5 (CITY is to be given 60 days notice of any rate increase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT.
(b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation ear ned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5.
Invoices shall be made no more frequently than on a monthly basis, and describe the work performed (including a list of hou rs worked by personnel classification).
All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra services, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSULTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liab ility and no right to claim compensation for such extra services or expenses shal l exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement. Any compensa tion for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.
13 City of Goleta
PER Department and Veronica Tam and Associates
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplished under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who presently is Anne Wells. Project Manager shall have the authority to act on behalf of the CITY in administering this AGREEMENT but shall not be authorized to extend the term of the AGREEMENT or increase the not to exceed amount.
6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to June 30, 2025, unless term of this AGREEMEN T is extended, or the AGREEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provided by CITY's Project Manager.
7. OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), including duplication of same prepared by CONSULTANT in the performance of these services, are the property of CITY. CITY shall be entitled to immediate possession of the same upon completion of the work under this AGREEMENT, or at any earlier or late r time when requested by CITY. CITY agrees to hold CONSULTANT harmless from all damages, claims, expenses, and losses arising out of any reuse of the plans and specifications for purposes other than those described in this AGREEMENT, unless written authorization of CONSULTANT is first obtained.
8. PERSONAL SERVICES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for profession al services which are personal to CITY. Veronica Tam is deemed to be specially experienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodically report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEMENT. This AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.
14 City of Goleta
PER Department and Veronica Tam and Associates
9. HOLD HARMLESS AND INDEMNITY
(a) Hold Harmless for CONSULTANT's Damages. CONSULTANT holds CITY, its elected officials, office rs, agents, and employees, harmless from all of CONSULTANT's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to CONSULTAN T, to CONSULTANT's employees, to CONSULTANT’s contractors or subcontr actors, or to the owners of CONSULTANT's firm, which damages, losses, injuries or liability occur during the work required under this AGREEMENT, or occur while CONSULTANT is on CITY property, or which are connected, directly or indirectly, with CONSULTANT's performance of any activity or work required under this AGREEMENT.
(b) Defense and Indemnity of Third Party Claims/Liability.
CONSULTANT shall investigate, defend, and indemnify CITY, its elected officials, officers, agents, and employee s, from any claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, lost profit, personal injury, wrongful death, general liability, automobile, infringement of copyright/patent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, or omission of CONSULTANT or any of CONSULTANT’s officers, agents, employees, representatives, subconsultants, or subc ontractors, or the willful misconduct of CONSULTANT or any of CONSULTANT’s officers, agents, emplo yees, representatives, subconsultants, or subcontractors, in performing the services described in, or normally associated with, this type of contracted work. The duty to defend shall include any suits or actions concerning any activity, product or work required under this AGREEMENT, and also include the payment of all court costs, attorney fees, expert witness cost s, investigation costs, claims adjusting costs and any other costs required for and related thereto. (c) No Waiver. CITY does not waive, nor shall be deemed to have waived, any indemnity, defense or ho ld harmless rights under this section because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
10. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provide insurance as described herein. All insurance is to be placed with insurers authorized to do business in the State of California with an A.M. Best and Company rating of A- or better, Class VI I or better, or as otherwise approved by CITY.
Insurance shall include the following (or broader) coverage:
15 City of Goleta
PER Department and Veronica Tam and Associates
a) Insurance Services Office Commercial Liability coverage “occurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, including hired and non-owned automobile liability with a minimum li mit of $1,000,000 per accident. If the Service Provider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensation insurance complying with California worker’s compensation l aws, including statutory limits for workers’ compensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
d) Professional liability insuran ce that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000,000 per claim.
Liability insurance policies required to be provided by CONSULTANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liability insurance, CITY, its employees, officials, agents and member agencies shall be covered as additional insureds. Coverage shall apply to any and all liability arising out of the work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additional insured status for completed operations shall be provided either in the additional insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.
c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agreement. CONSULTANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
16 City of Goleta
PER Department and Veronica Tam and Associates
d) Except for professional liability insurance, liability coverage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (including the wo rkers’ compensation and employer’s liability policies) shall provide that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except after 30 days’ prior writ ten notice has been given to CITY.
Such provision shall not include any limitation of liability of the insurer for failure to provide such notice.
f) No liability insurance covera ge provided to comply with this AGREEMENT shall prohibit CONSULTANT, or CONSULTANT ’s
employees, or agents, from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to deposi t with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse against CITY for payment of premiums or other amounts with respect to the insurance required to be provided by CONSULTANT hereunder. Any failur e, actual or alleged, on the part of CITY to monitor compliance with these requir ements will not be deemed as a waiver of any rights on the part of CITY. CITY has no additional obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments.
i) CONSULTANT agrees to provide immediate notice to CITY of any claim or loss against CONSULTANT arising out of the work performed under this AGREEMENT. CITY assumes no obligation or liability by such notice, but has the right (b ut not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
11. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely responsible for any workers compensation insurance, withholding taxes,
17 City of Goleta
PER Department and Veronica Tam and Associates
unemployment insurance, and any other employer obligations associated with the described work.
12. CORRECTIONS
In addition to the above indemnification obligations, CONSULTANT shall correct, at its expense, all errors in the work that may be disclosed during CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make such correction in a reasonably timely manner, such correction shall be made by CITY, and the cost thereof shall be charged to CONSULTANT or withheld from any funds due to CONSULTANT hereunder.
13. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agreed to be performed under this AGREEMENT. If te rmination is for cause, no notice period need be given. In the event of terminati on, CONSULTANT shall have the right and obligation to immediately assemble work in progress for the purpose of closing out the job. All compensation for actual work performed and charges outstanding at the time of termination shall be payable by CITY to CONSULTANT within 30 days following submission of a final statement by CONSULTANT unless termination is for cause. In such event, CONSULTANT shall be compensated only to the extent required by law.
14. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under this AGREEMENT shall operate as and be a release of CITY from all claims and liabilities for compensation to CONSULTA NT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensation claim within 10 calendar da ys of the receipt of that check.
However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTANTs for the accuracy and competency of the information provided and/or work perf ormed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in th e work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
15. AUDIT OF RECORDS
At any time during normal business hours and as often as it may deem necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with re spect to all matters covered by this AGREEMENT and will permit CITY to audit, examine and/or reproduce such
18 City of Goleta
PER Department and Veronica Tam and Associates
records. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or final payment under this AGREEMENT.
16. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the ot her party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand strict compliance by su ch other party in the future. No waiver by a party of a default or breach of the othe r party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under th is AGREEMENT, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
17. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S bu siness. During the term of this AGREEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by any CITY employee or official.
18. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purposes of the parties.
Wherever required by the context, the s ingular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutral genders or vice versa.
19. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.
19 City of Goleta
PER Department and Veronica Tam and Associates
20. GOVERNING LAW
This AGREEMENT, and the rights and obl igations of the parties, shall be governed and interpreted in accordance with the laws of the State of California.
Should litigation occur, venue shall be in Superior Court of Santa Barbara County.
21. NONDISCRIMINATION
CONSULTANT shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, se xual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.
22. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpayer Identification Number and Certification , Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.
23. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of CITY funds. In the event CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEMENT shall cover only those costs incurred up to the conclusion of the current fiscal year.
24. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of this AGREEMENT may be modified only upon mu tual written consent of CITY and CONSULTANT.
25. USE OF THE TERM “CITY”
Reference to “CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
26. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain during the term of this AGREEMENT, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this AGREEMENT.
20 City of Goleta
PER Department and Veronica Tam and Associates
27. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or descri be the scope or intent of any provision or section of the AGREEMENT.
28. AUTHORIZATION
Each party has expressly authorized the execution of this AGREEMENT on its behalf and bind said party and its respective administrators, officers, directors, shareholders, divisions, subs idiaries, agents, employees, successors, assigns, principals, partners, joint ventur ers, insurance carriers and any others who may claim through it to this AGREEMENT.
29. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposal s and submitted representations for obtaining this AGREEMENT, this AGREEMENT supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services.
30. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenf orceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
31. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: Attention: Rober t Nisbet, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
TO CONSULTANT: Attention: Veronica Tam, AICP
Veronica Tam and Associates, Inc.
107 S. Fair Oaks Avenue, Suite 212
Pasadena, CA 91105
21 City of Goleta
PER Department and Veronica Tam and Associates
32. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
22 City of Goleta
PER Department and Veronica Tam and Associates
In concurrence and witness whereof, this AGREEMENT has been executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
_____________________________ _____________________________ Robert Nisbet, City Manager Veronica Tam, President
A T T E S T
_____________________________ _____________________________ Deborah Lopez, City Clerk Veronica Tam, Secretary
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Scott Shapses, Deputy City Attorney
23 City of Goleta
PER Department and Veronica Tam and Associates
EXHIBIT A
SCOPE OF WORK
Task 1: Housing Element and Technical Appendix. CONSULTANT, in coordination with City staff, shall revise the Housing Element and Technical Appendix in response to State Housing and Community Development Department (HCD) direction. The revision s shall be focused in order to meet State law requirements and to achieve HCD certification.
Deliverables: Revised and Re-adopted Housing Element and HCD Certification.
Task 2: Public Outreach. CONSULTANT shall assist with and attend outreach efforts, including public hearings before the Planning Commission and City Council and other public outreach activity, as needed and at the direction of the City.
Deliverables: Attendance at public meetings and any needed workshops for the re-adoption and certification of the Housing Element 2023-2031.
Task 3: Housing Element Implementation. CONSULTANT shall assist the City, as needed, with implementation programs in the Housing Element.
Deliverables: Research and documentation as needed based on the implementation program(s) worked on.
Task 4: Environmental Review. Basic environmental review support that does not include significant analysis and documentation.
Deliverable: Basic environmental review that does not include more detailed documents such as negative declarations and environmental impact reports.
24 City of Goleta
PER Department and Veronica Tam and Associates
EXHIBIT B
SCHEDULE OF FEES
Title Hourly Rate
Principal $200
Planner $135
GIS Analysis $135
25 REQUISITION
06/15/2023
ISSUED TO:
Date:
Vendor #: 004199
107 S, FAIR OAKS AVE.
SUITE 212
PASADENA, CA 91105-
VERONICA TAM AND ASSOCIATES, IN SHIP TO:
130 CREMONA DRIVE, SUITE B
GOLETA, CA 93117
CITY OF GOLETA
Requisition #: 23PE033
UNITS DESCRIPTION PRICE AMOUNTGL ACCOUNT NUMBERITEM PROJECT # 1 0 Veronica Tam & Assoc - Housing Element G40-REAP 0.00 319-40-4300-51200 44,900.00 44,900.00TOTAL
SHIPPING:
TOTAL TAX:
SUBTOTAL:
0.00 0.00
44,900.00
Authorized By:
Support for re-adoption and certification of Housing Element 2023-2031 Funds from the SB 2 Grant GL#319-40-4300-51200
Tracking: G-40 REAP
Detailed Description:
PO Description: Housing Element Planning Support - SB 2 Grant
26 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be e ndorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A st atement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIO D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
+'
+HIIHUQDQ ,QVXUDQFH %URNHUV
&DUOEDFN $YHQXH
:DOQXW &UHHN &$
+HIIHUQDQ ,QVXUDQFH %URNHUV
+,%#KHIILQVFRP
/LFHQVH
&RQWLQHQWDO &DVXDOW\ &RPSDQ\
9(527$0 $PHULFDQ &DVXDOW\ &RPSDQ\ RI 5HDGLQJ
9HURQLFD 7DP $VVRFLDWHV ,1&
6RXWK )DLU 2DNV $YHQXH
6XLWHV
3DVDGHQD &$
$ ;
;
;
< %
$
; ;
%
% ;:&
$ 3URIHVVLRQDO /LDELOLW\ 0&+
3HU &ODLP
$JJUHJDWH
5H
&LW\ RI *ROHWD &RQWUDFW ,QIRUPDWLRQ +( ,PSOHPHQWDWLRQ 7KH &LW\ RI *ROHWD LV LQFOXGHG DV DQ DGGLWLRQDO LQVXUHG ZLWK UHVSHFWV WR WKH *HQHUDO /LDELOLW\ 3ROLF\ SHU WKH DWWDFKHG HQGRUVHPHQW LI UHTXLUHG &LW\ RI *ROHWD
$WWQ
0ROO\ &XQQLQJKDP
&UHPRQD 'ULYH 6XLWH %
*ROHWD &$
By Sandra Rodriguez at 11:15 am, Jun 14, 2023
27
28
29