HomeMy WebLinkAbout2019-017 MIG, Inc.CITY OF ATASCADERO
CONTRACT NUMBER:
cel 9 -OI'%
CITY OF ATASCADERO
CONTRACT FOR
MIG. Inc
for
6`h CYCLE HOUSING ELEMENT UPDATE AND
INCLUSIONARY HOUSING ORDINANCE
CONSULTANT SERVICES AGREEMENT
FOR THE
CITY OF ATASCADERO
MIG, Inc
THIS CONTRACT is made and entered into between City of Atascadero, a
Municipal Corporation ("City") and MIG, Inc ("Consultant'). City and Consultant agree as follows.
SCOPE AND STANDARDS:
A. CONTRACT. Consultant shall do all work, attend all meetings, produce all reports
and carry out all activities necessary to complete the services described in the SCOPE OF
WORK AND STANDARDS FOR SERVICES, attached hereto and incorporated herein by this
reference as Exhibit A, as requested by the City. This Contract and its exhibits shall be known
as the "Contract Documents." Terms set forth in any Contract Document shall be deemed to be
incorporated in all Contract Documents as if set forth in full therein.
2. EMPLOYMENT STATUS OF PERSONNEL:
A. INDEPENDENT CONTRACTOR, EMPLOYEES OF CONSULTANT. Consultant
enters into this Contract as, and shall at all times remain as to the City, an independent contractor
and not as an employee of the City. Nothing in this Contract shall be construed to be inconsistent
with this relationship or status. Any persons employed by Consultant for the performance of
services pursuant to this Contract shall remain employees of Consultant, shall at all times be
under the direction and control of Consultant, and shall not be considered employees of City.
All persons employed by Consultant to perform services pursuant to this Contract shall be
entitled solely to the right and privileges afforded to Consultant employees and shall not be
entitled, as a result of providing services hereunder, to any additional rights or privileges that
may be afforded to City employees.
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B. INDEPENDENT INVESTIGATION. The Consultant agrees and hereby
represents it has satisfied itself by its own investigation and research regarding the conditions
affecting the work to be done and labor and materials needed, and that its decision to execute
this Contract is based on such independent investigation and research.
C. COMPLIANCE WITH EMPLOYMENT LAWS. The Consultant shall keep itself fully
informed of, shall observe and comply with, and shall cause any and all persons, firms or
corporations employed by it or under its control to observe and comply with. applicable federal,
state, county and municipal laws, ordinances, regulations, orders and decrees which in any
manner affect those engaged or employed on the work described by this Contract or the
materials used or which in any way affect the conduct of the work.
D. UNLAWFUL DISCRIMINATION PROHIBITED. Consultant shall not engage in
unlawful employment discrimination. Such unlawful employment discrimination includes, but is
not limited to, employment discrimination based upon a person's race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, gender,
citizenship or sexual orientation.
3. TIME OF PERFORMANCE.
The services of Consultant are to commence upon execution of this Contract by City, and
shall be undertaken and completed in a prompt and timely manner, in accordance with the Scope
of Work referenced in Exhibit A. Except as provided in Sections 6 and 19 below. this Contract
shall terminate no later than June30, 2021 unless extended by the mutual agreement of both
parties.
4. COMPENSATION
A. TERMS. Compensation to the Consultant shall be as set forth in Exhibit B attached
hereto and made a part hereof.
B. NO PAY FOR ADDITIONAL SERVICES WITHOUT WRITING. Consultant shall not
be compensated for any services rendered in connection with its performance of this Contract,
which are in addition to those set forth herein or listed in Exhibit A, unless such additional
services are authorized in advance and in writing by the City Manager or the City Manager's
designee (hereinafter "City Manager" shall include the City Manager's designee) Consultant
shall be compensated for any additional services in the amounts and in the manner as agreed
to by City and Consultant at the time City's express written authorization signed by the City
Manager is given to Consultant for the performance of said services.
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5. SUPERVISON, LABOR AGREEMENTS AND PERSONNEL:
A. CONSULTANT SUPERVISES PERSONNEL. The Consultant shall have the
responsibility for supervising the services provided under this Contract, hiring of personnel,
establishing standards of performance, assignment of personnel, determining and affecting
discipline, determining required training, maintaining personnel files, and other matters relating
to the performance of services and control of personnel. The City Manager may use any
reasonable means to monitor performance and the Consultant shall comply with the City
Manager's request to monitor performance.
B. PERFORMANCE NOT SUBJECT TO EMPLOYMENT AGREEMENTS. The City
acknowledges that the Consultant may be obligated to comply with bargaining agreements
and/or other agreements with employees and that the Consultant is legally obligated to comply
with these Contracts. It is expressly the intent of the parties and it is agreed by the parties that
the Consultant's performance shall not in any manner be subject to any bargaining agreement(s)
or any other agreement(s) the Consultant may have covering and/or with is employees.
C. APPROVAL OF STAFF MEMBERS. Consultant shall make every reasonable effort
to maintain the stability and continuity of Consultant's staff assigned to perform the services
required under this Contract. Consultant shall notify City of any changes in Consultant's staff to
be assigned to perform the services required under this Contract and shall obtain the approval
of the City Manager of a list of all proposed staff members who are to be assigned to perform
services under this Contract prior to any such performance.
6. TERMINATION:
A. 30 DAYS NOTICE. The City, upon thirty (30) days written notice, may terminate this
Contract, without cause, at any time. In the event of such termination, Consultant shall be
compensated for non -disputed fees under the terms of this Contract up to the date of termination.
B. OBLIGATIONS SURVIVE TERMINATION. Notwithstanding any termination of this
Contract, Consultant shall not be relieved of liability to the City for damages sustained by the
City by virtue of any breach of this Contract by Consultant, and the City may withhold any
payments due to Consultant until such time as the exact amount of damages, if any, due the
City from Consultant is determined. All of the indemnification, defense and hold harmless
obligations in this Contract shall survive termination.
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7. CHANGES
The City or Consultant may, from time to time, request changes in the scope of the
services of Consultant to be performed hereunder. Such changes, including any increase or
decrease in the amount of Consultant's compensation and/or changes in the schedule must be
authorized in advance by both Parties in writing. Mutually agreed changes shall be incorporated
in written amendments to this Contract. Any increase in the amount of Consultant's
compensation and/or changes in Exhibit A and or Exhibit B must be authorized in advance by
the City Manager.
A. PROPERTY OF CITY:
A. MATERIALS PREPARED EXCLUSIVE PROPERTY OF CITY. It is mutually agreed
that all materials prepared by the Consultant under this Contract are upon creation and shall be
at all times the exclusive property of the City, and the Consultant shall have no property right
therein whatsoever. City agrees that Consultant shall bear no responsibility for any reuse of the
materials prepared by the Consultant if used for purposes other than those expressly set forth
in the Intended Use of Consultant's Products and Materials section of this Contract. Consultant
shall not disseminate any information or reports gathered or created pursuant to this Contract
without the prior written approval of City including without limitation information or reports
required by government agencies to enable Consultant to perform its duties under this Contract
and as may be required under the California Public Records Act excepting therefrom as may be
provided by court order. Consultant will be allowed to retain copies of all deliverables.
B. CONSULTANT TO DELIVER CITY PROPERTY. Immediately upon termination, or
upon the request by the City, the City shall be entitled to, and the Consultant shall deliver to the
City, all data, drawings, specifications, reports, estimates, summaries and other such materials
and property of the City as may have been prepared or accumulated to date by the Consultant
in performing this Contract. Consultant will be allowed to retain copies of all deliverables to the
City.
9. CONFLICTS OF INTEREST.
A. CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or
shall acquire any interest, directly or indirectly, which would conflict in any manner with the
interests of City or which would in any way hinder Consultant's performance of services under
this Contract. Consultant further covenants that in the performance of this Contract, Consultant
shall take reasonable care to ensure that no person having any such interest shall be employed
by it as an officer, employee, agent or subcontractor without the express written consent of the
City Manager. Consultant agrees to at all times avoid conflicts of interest or the appearance of
any conflicts of interest with the interests of City in the performance of this Contract. Consultant
agrees to include language similar to this Section 9(A) in all contracts with subcontractors and
agents for the work contemplated herein.
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10. CONFIDENTIAL INFORMATION:
A. ALL INFORMATION KEPT IN CONFIDENCE. All materials prepared or assembled
by Consultant pursuant to performance of this Contract are confidential and Consultant agrees
that they shall not be made available to any individual or organization without the prior written
approval of the City, except by court order.
B. REIMBURSEMENT FOR UNAUTHORIZED RELEASE. If Consultant or any of its
officers, employees, or subcontractors does voluntarily provide information in violation of this
Contract, the City has the right to reimbursement and indemnity from party releasing such
information for any damages caused by the releasing party's, including the non -releasing party's
attorney's fees and disbursements, including without limitation expert's fees and disbursements.
C. COOPERATION. City and Consultant shall promptly notify the other party should
Consultant or City, its officers, employees, agents, or subcontractors be served with any
summons, complaint, subpoena, notice of deposition, request for documents, interrogatories,
request for admissions or other discovery request, court order or subpoena from any party
regarding this Contract and the work performed thereunder or with respect to any project or
property located within the City. City and Consultant each retains the right, but has no obligation,
to represent the other party and/or be present at any deposition, hearing or similar proceeding.
Consultant and City agree to cooperate fully with the other party and to provide the other party
with the opportunity to review any response to discovery requests provided by Consultant or
City. However, City and Consultant's right to review any such response does not imply or mean
the right by the other party to control, direct, or rewrite said response.
It. PROVISION OF LABOR, EQUIPMENT AND SUPPLIES:
A. CONSULTANT PROPERTY. Consultant shall furnish all necessary labor,
supervision, equipment, communications facilities, and supplies necessary to perform the
services required by this Contract. City acknowledges that all equipment and other tangible
assets used by Consultant in providing these services are the property of Consultant and shall
remain the property of Consultant upon termination of this Contract.
B. SPECIAL SUPPLIES. City shall be responsible for supplying any special supplies,
stationary, notices, forms or similar items that it requires to be issued with a City logo. All such
items shall be approved by the City Manager and shall be provided at City's sole cost and
expense.
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12. COMPLIANCE WITH LAW:
A. COMPLIANCE REQUIRED. Consultant shall keep itself informed of applicable
local, state, and federal laws and regulations which may affect those employed by it or in any
way affect the performance of its services pursuant to this Contract. Consultant shall observe
and comply with all applicable laws, ordinances, regulations and codes of federal, state and
local governments, and shall commit no trespass on any public or private property in
performing any of the work authorized by this Contract. Consultant shall at all times hold a
valid contractor's license if performing any function or activity for which a license is required
pursuant to Chapter 9 (commencing with section 7000) of Division 3 of the California Business
and Professions Code, and Consultant shall provide a copy of the license(s) upon the request
of the City. The City, its officials, officers, elected officials, appointed officials and employees
shall not be liable at law or in equity as a result of any failure of consultant to comply with this
section.
B. PREVAILING WAGES. In the event it is determined that the Consultant is required
to pay prevailing wages for the work performed under this Agreement, the Consultant shall pay
all penalties and wages as required by applicable law.
13. SUBCONTRACTING:
None of the services covered by this Contract shall be subcontracted without the prior
written consent of the City Manager. Consultant shall be as fully responsible to the City for the
negligent acts and omissions of its contractors and subcontractors, and of persons either directly
or indirectly employed by them, as it is for the negligent acts and omissions of persons directly
employed by Consultant.
14. ASSIGNABILITY:
Consultant shall not assign or transfer any interest in this Contract whether by assignment
or notation. However, claims for money due or to become due Consultant from the City under
this Contract may be assigned to a financial institution, but only with prior written consent of the
City Manager. Notice of any assignment or transfer whether voluntary or involuntary shall be
furnished promptly to the City. The rights and benefits under this agreement are for the sole and
exclusive benefit of the City and this Contract shall not be construed that any third party has an
interest in the Contract.
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15. LIABILITY OF CONSULTANT:
Consultant shall be responsible for performing the work under this Contract in a manner
which is consistent with the generally accepted standards of Consultant's profession and shall
be liable for its own negligence and the negligent acts of its employees, agents, contractors and
subcontractors. The City shall have no right of control over the manner in which the work is to
be done but only as to its outcome, and shall not be charged with the responsibility of preventing
risk to Consultant or its employees, agents, contractors or subcontractors.
16. INDEMNIFICATION:
A. INDEMNIFICATION FOR PROFESSIONAL LIABILITY. When the law establishes a
professional standard of care for Consultant's Services, to the fullest extent permitted by law,
Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials,
employees and agents ("Indemnified Parties") from and against any and all losses, liabilities,
damages, costs and expenses, including reasonable attorneys fees and costs to the extent same
are caused in whole or in part by any negligence or wrongful act, error or omission of Consultant,
willful misconduct, or recklessness of its officers, agents, employees or subconsultants (or any
entity or individual that Consultant shall bear the legal liability thereof) in the performance of
professional services under this agreement. Defense costs shall be limited to claims that are
determined to have been caused by the negligence, wrongful acts, errors or omissions.
B. INDEMNIFICATION FOR OTHER THAN PROFESSIONAL LIABILITY. Other than in
the performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, defend and hold harmless City, and any and all of its employees, officials and agents
from and against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a consequence of, or
are in any way attributable to, in whole or in part, the performance of this Agreement by
Consultant or by any individual or entity for which consultant is legally liable, including but not
limited to officers, agents, employees or subconsultants of Consultant.
C. GENERAL INDEMNIFICATION PROVISIONS. Consultant agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section for each
and every subconsultant or any other person or entity involved by, for, with or on behalf of
Consultant in the performance of this agreement. In the event consultant fails to obtain such
indemnity obligations from others as required here, Consultant agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on
the successor, assigns or heirs of Consultant and shall survive the termination of this agreement
or this section.
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17. INSURANCE
Consultant shall maintain prior to the beginning of and for the duration of this
Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement.
18. RECORDS
Consultant shall maintain complete and accurate records with respect to labor costs,
material expenses, parcels abated or serviced and other such information required by City that
relates to the performance of services under this Contract. 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 and in a form acceptable to the City, which the
City may specify and change from time to time. Consultant shall provide free access to the
representatives of City or its designees, at reasonable times, to such books and records, shall
give City the right to examine and audit said books and records, shall permit City to make
transcripts therefrom as necessary, and shall allow inspection of all work, data, documents,
proceedings, and activities related to this Contract. Such records, together with supporting
documents, shall be maintained for a period of three (3) years after receipt of final payment.
19. MISCELLANEOUS PROVISIONS:
A. ASSIGNMENT OR SUBSTITUTION. City has an NONDISCRIMINATION /
NONPREFERENTIAL TREATMENT STATEMENT In performing this Contract, the parties shall
not discriminate or grant preferential treatment on the basis of race, sex, color, age, religion,
sexual orientation, disability, ethnicity, or national origin, and shall comply to the fullest extent
allowed by law, with all applicable local, state, and federal laws relating to nondiscrimination.
B. UNAUTHORIZED ALIENS. Consultant hereby promises and agrees to comply with
all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. & 1101 et seq.),
as amended, and in connection therewith, shall not employ unauthorized aliens as defined
therein. Should Consultant so employ such unauthorized aliens for the performance of work
and/or services covered by this contract, and should the Federal Government impose sanctions
against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall,
reimburse City for the cost of all such sanctions imposed, together with any and all costs,
including attorneys' fees, incurred by the City in connection therewith.
C. GOVERNING LAW. The City and Consultant understand and agree that the laws of
the State of California shall govern the rights, obligations, duties, and liabilities of the parties to
this Contract and also govern the interpretation of this Contract. Any litigation concerning this
Contract shall take place in the San Luis Obispo Superior Court, federal diversity jurisdiction
being expressly waived.
D. City has an interest in the qualifications of and capability of the persons and entities
that will fulfill the duties and obligations imposed upon Consultant by this Contract. In recognition
of that interest, neither any complete nor partial assignment of this Contract, may be made by
Consultant nor changed, substituted for, deleted, or added to without the prior written consent
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of City which consent shall not be unreasonably withheld. Any attempted
assignment or substitution shall be ineffective, null, and void, and constitute a material breach
of this Contract entitling City to any and all remedies at law or in equity, including summary
termination of this Contract. Subcontracts, if any, shall contain a provision making them subject
to all provisions stipulated in this Contract.
E. ENTIRE CONTRACT. This Contract constitutes the entire Contract and
understanding between the parties relative to the services specified herein and there are no
understandings, agreements, conditions, representations, warranties or promises, with respect
to this Contract, except those contained in or referred to in this Contract and this Contract
supersedes all prior understandings, agreements, courses of conduct, prior dealings among the
parties and documentation of any kind without limitation.
F. AMENDMENTS. This Contract may be modified or amended, or any of its provisions
waived, only by a subsequent written agreement executed by each of the parties. The parties
agree that this requirement for written modifications cannot be waived and any attempted waiver
shall be void.
G. CONSTRUCTION AND INTERPRETATION. Consultant and City agree and
acknowledge that the provisions of this Contract have been arrived at through negotiation and
that each party has had a full and fair opportunity revise the provisions of this Contract and to
have such provisions reviewed by legal counsel. Therefore, any ambiguities in construing or
interpreting this Contract shall not be resolved against the drafting party. The titles of the various
sections are merely informational and shall not be construed as a substantive portion of this
Contract.
H. WAIVER. The waiver at any time by any party of any of its rights with respect to a
default or other matter arising in connection with this Contract shall not be deemed a wavier with
respect to any subsequent default or other matter.
I. SEVERABILITY. The invalidity, illegality or unenforceability, of any provision of this
Contract shall not render the other provisions invalid, illegal or unenforceable.
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J. NOTICES. All invoices, payments, notices, demands, requests,
comments, or approvals that are required to be given by one party to the other under this
Contract shall be in writing and shall be deemed to have been given if delivered personally or
enclosed in a properly addressed envelope and deposited in a United States Post Office for
delivery by registered or certified mail addressed to the parties (deemed to have been received
three (3) business days after deposit in the U.S. Mail) at the following addresses:
City: City of Atascadero
City Manager
6500 Palma Avenue
Atascadero, CA 93422
Consultant MIG, Inc
Laura Stetson
537 S. Raymond Avenue
Pasadena, Ca 91105
Each party may change the address at which it gives notice by giving ten (10) days
advance, written notice to the other party.
K. AUTHORITY TO EXECUTE. The person or persons executing this Contract on behalf of
Consultant warrant and represent that they have the authority to execute this Contract on behalf
of their agency and further warrant and represent that they have the authority to bind Consultant
to the performance of its obligations hereunder.
Effective to this 13 day of November, 2019 by the parties as follows.
Approved as to
\Y`- "i
i Pierik, City Attorney
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MIG
By: InC,w�TY�?—
Laura Stetson, Principal
CITY OF ATASCADERO
!3iY: Cz
achelle Ric aid, City Manager
City of Atascadero
MIG
CERTIFICATE OF COMPLIANCE
WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I have complied or will comply with such
provisions before commencing the performance of the work of this contract. (Cal. Labor C.
§§1860, 1861.)
CONSULTANT
Laura Stetson, Principal
MIG, Inc
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EXHIBIT A
Scope of Work
Task 1: Project Initiation and Ongoing Coordination
1.1 PROJECT KICK-OFF AND SCOPE 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--�ncluding community engagement
components and optional tasks—will be refined based on our discussions 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 Housing Element by the end of 2020, ahead of the statutory deadline. In
conjunction with the kick-off meeting, MIG will participate in a tour of the City and orientation with City
staff. City staff will be responsible for arranging a vehicle for the tour and planning the tour route. This
scope and budget assume that the kickoff meeting will happen on the same day (or on consecutive
days) as the City of Paso Robles kick-off meeting.
1.2 PROJECT MANAGEMENT, PROJECT TEAM MEETINGS/CALL
For the duration of the project, the MIG project manager will conduct regular (biweekly) phone calls
with City staff to ensure project coordination and to support close collaboration. These calls will allow
the team to review project status, discuss issues and documents, and plan presentations. Any in-person
meetings will be held as needed in conjunction with outreach meetings to provide cost efficiencies
associated with travel. This task also includes project management related to invoicing and status
reports.
1.3 SB 18 CONSULTATION (OPTIONAL)
We have 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 letter templates for the Native American
Heritage Commission and tribes, along with instructions for SB 18 Consultation. Telephone calls or
meetings with responding tribes are not included in this proposal, as State law requires that the City
conduct any requested consultation.
Task 1 Deiiverabies
Revised scope of services, budget, and agenda
Monthly invoicing and status reports
SB 18 letter templates and instructions (OPTIONAL)
Task 2: Community Engagement
State Housing Element law requires that meaningful public outreach be included as part of the update
process. In the RFP, the City has stated that public outreach, at a minimum, should consist of two public
workshops and two public hearings (one each with the Planning Commission and City Council).
Additional input is anticipated through study sessions with the City Council. Public hearings are
addressed in Task 5 below.
2.1 COMMUNITY WORKSHOPS
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We propose the following approach for the two workshops. This format can be adjusted
(for one or both of the workshops) as directed by City staff.
MIG will prepare a PowerPoint presentation for each workshop. MIG will submit the PowerPoint
electronically to City staff for review, reproduction, and/or distribution. Two MIG staff will attend each
workshop, one to make the presentation and lead the discussion and the second to graphically record
public and decision -maker comments.
City staff will be responsible for identifying stakeholders and interested parties to invite to the workshops,
distribution of public notices and flyers, and any related advertising regarding the workshops. Following
each workshop, MIG will prepare a brief workshop summary.
Workshop #1
The first workshop will be structured to gather input from key local stakeholders, such as the San Luis
Obispo Housing Trust, nonprofit housing developers, the People's Self -Help Housing, local homeless
shelters, and representatives of lower-income and special needs housing advocacy groups. The
meeting will be organized to first include a presentation by the MIG Team about the intent of the
Housing Element update, followed by an MlGfocilitated discussion regarding housing issues,
opportunities to meet local housing needs, and creative approaches to address the City's constraints to
housing production. This meeting will be structured as a focus group meeting where stakeholders such
as housing developers, advocates, and neighborhood representatives are invited to participate in a
separate workshop meeting to provide their input. This option allows for coordination with stakeholders
that are also affiliated with the City of Atascadero, where stakeholders may attend either the meeting
occurring in Atascadero or in Paso Robles, as their schedules allow. This meeting will be held on the
same date as a meeting held in the City of Paso Robles, to facilitate cost savings.
Workshop #2
The second public workshop will be conducted once a draft of the Housing Element has been
completed. This will allow information to be presented to and discussed with residents and other
stakeholders in an informal manner prior to submittal to HCD and the more formal public hearings. At
the second workshop, we will provide an overview of the Draft Housing Element, including State
requirements, constraints, programs designed to meet the RHNA, and proposed housing goals and
policies. We propose this community meeting consist of a joint City Council and Planning Commission
workshop broadly advertised to the public as an in-depth public discussion on the Housing Element. The
public, City Council members, and Planning Commissioners will be asked to review and provide
feedback on the information provided.
We are available to attend additional meetings as additional services.
2.2 STUDY SESSIONS WITH DECISION MAKERS
To identify issues and concerns City policy makers may have and to get direction on key policy issues early
on, we propose to conduct two study sessions with decision makers. These study sessions may be held either
with the City Council, or as a joint meeting with the Planning Commission and City Council. The study sessions
should be broadly advertised to the public as an in-depth public discussion on the Housing Element. City staff
will be responsible for public notices and staff reports. MIG will prepare and present a PowerPoint
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presentation for the study sessions. We will submit the materials electronically to City staff for
review prior to each study session. One MIG staff will attend each study session.
Study Session #1
The first study session will be held early in the process. At the study session, we will review the overall objectives
for the Housing Element update, schedule, and general parameters of the Housing Element. The study session
will also provide the opportunity for individual Commission/Council members to express their ideas about the
undertaking, to discuss and/or add issues to the list for consideration, and for the general public in
attendance to provide their input. This structure will also allow the Commission/Council the opportunity to
hear public comments on housing issues at the beginning of the process.
Study Session #2
The second study session will be held after the first community workshop. At this study session, we will present
what we have heard during initial investigative tasks, discuss key policy issues for discussion and solicit
guidance on key policy choices based on our preliminary work.
Task 2 Deliverables
Workshop PowerPoint presentations (2) — draft and final (electronic)
Workshop summaries (2) - electronic
Study Session PowerPoint presentations (2) — draft and final (electronic)
Task 3: 2019-2028 Housing Element
We will prepare the components of a draft Housing Element for the 2019-2028 planning period 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.
3.1 2019-2028 ADMINISTRATIVE DRAFT HOUSING ELEMENT
Review Related Documents
MIG 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. This scope of
work assumes the City will provide MIG with the GIS data needed for sites identification.
2014-2019 Housing Element Program Accomplishments
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. As such, we will assess the continued appropriateness of the
2014-2019 Housing Element 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 2014-2019 Program
Accomplishments will be quantified where possible but may be qualitative where necessary.
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9
Needs Analysis
Government Code Section 65583 requires housing elements to review specific demographic,
economic, and housing topics, as well as projected housing needs. We will complete a housing
assessment and needs analysis to comply with Government Code Section 65583(a) and other
applicable State statutes. We anticipate updating the Housing Needs Assessment with housing and
population data based on the latest U.S. Census and three- or 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.
MIG will assess housing costs and conditions and evaluate housing needs within the City, including
housing needs for special population groups. We will also assess existing assisted housing developments
that are eligible to change designation from low-income housing to market -rate housing over the next
ten years, consistent with State law.
Housing Constraints
The Housing Constraints analysis identifies potential and actual governmental and nongovernmental
(e.g., physical or financial) constraints to housing production. We will update this section as necessary
with up-to-date development processes and fees, as well as changes in market constraints due to
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, consistent with state law. Where constraints
exist, we will suggest housing programs to mitigate or remove these constraints. New laws concerning
changes to the housing constraints analysis such as AB 879 and all changes to the State's accessory
dwelling unit laws (which are continuously evolving) will be addressed.
Resources and Sites (Opportunities)
The Resources and Sites analysis will focus on site suitability for housing, drawing first from sites identified
in the 2014-2019 Housing Element. We anticipate that some of these sites will continue to be available
for this Housing. Element; where new sites are necessary due to project development, changes in
circumstance, and because of the larger RHNA, we will assess the areas identified as most likely to
redevelop at density levels that can facilitate affordable housing. These areas include RMF -24 zoned
land and commercial zones that allow multi -family residential uses in the downtown core and EI Camino
Real corridor (CN, CP, CR, CS, DC, and DO zones). We anticipate identifying additional opportunities
associated with accessory dwelling units and residential infill strategies.
We will also review the City's 2007-2014 Housing Element (provided by staff) to ensure consistency with
new state law AB 1397, which makes numerous changes to how a jurisdiction establishes its housing
element sites inventory.
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MIG will prepare the Sites Inventory GIS map and parcel -specific listing (table) of
individual sites. The MIG Team will then work to provide the required justifications that these sites can
facilitate the development of housing, due to existing site, market, and development conditions.
The analysis will also evaluate and include funding resources, administrative resources, and
opportunities for energy conservation.
Goals, Policies, and Quantified Objectives
Based on the analysis completed in the above items and building on the existing Housing Element, we
will craft a Housing Plan with goals, policies, and programs relative to the maintenance, preservation,
improvement, and development of housing to cover this new planning period. The Housing Plan will
address accessory dwelling units, residential infill strategies, targeted locations for rezoning to
accommodate additional density (as needed), reuse of existing commercial centers for mixed use,
recommendations from the EI Camino Corridor Study, and recommendations that can facilitate a
citywide General Plan update.
Programs will be practical and implementable given existing staffing levels and resources. Quantified
objectives will be established to address housing needs for all income groups, including extremely low-
income households.
Administrative Draft
The Administrative Draft Housing Element, consisting of the above sections, will be submitted
electronically to the City for staff review.
3.2 2019-2028 DRAFT HOUSING ELEMENT
The City will be responsible for collecting all staff comments into a single document using Microsoft
Word's track changes function, from which MIG will revise the Administrative Draft Housing Element and
complete the Draft Housing Element for public review and HCD submittal. This scope and budget
assume one round of comments and revisions with staff. This task includes a delivery of one hard copy
and on electronic PDF copy on CD of the Draft Housing Element, mailed to HCD, per HCD's guidance.
Task 3 Deliverables
Administrative Draft Housing Element (electronic)
Draft Housing Element for HCD review (one printed copy plus an electronic PDF on CD, per HCD
policy/request)
Task 4: Consultation with HCD
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. For our
preparing Housing Elements for the fifth cycle, we have succeeded in securing compliance letters from
HCD for most jurisdictions after only a single round of review. We work extensively with HCD staff during
the review periods to address their comments prior to expiration of the 60 -day review timeline. For
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City of Atascadero
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Atascadero, our goal is to achieve the same. As such, our scope assumes one round 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).
4.1 HCD CONSULTATION
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
changes in housing element law) 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 the submittal of the Housing Element to HCD (Task 3.2),
conference calls with HCD staff and City staff to discuss comments, and preparation of written
responses to HCD comments as needed.
4.2 PUBLIC REVIEW DRAFT HOUSING ELEMENT
Subsequent to receiving a letter of compliance from HCD on the Draft Housing Element, MIG staff will
prepare the Public Review Draft Housing Element for adoption hearings. This task includes a delivery of
three hard copies and an electronic PDF copy.
Task 4 Deliverables
Draft Public Review Housing Element for public hearings (3 printed copies plus an electronic PDF)
Task 5: Affordable Housing Ordinance
This scope and budget assume minor modifications to the Citys existing Inclusionary Housing Policy. This
scope does not include a nexus study or detailed market analysis. If requested by the City, MIG can
provide support and identify sub -consultants to facilitate these economics tasks.
5.1 REVIEW EXISTING ORDINANCE PERFORMANCE
MIG will review the existing Affordable Housing Ordinance and past performance, based on information
provided by City staff pertaining to completed projects.
5.2 REVIEW EXISTING ORDINANCE COMPLIANCE
MIG will review the existing Affordable Housing Ordinance for compliance with state housing law,
density bonus low, and best practices.
5.3 DEVELOP AFFORDABLE HOUSING ORDINANCE
MIG will develop a comprehensive affordable housing ordinance with quantified objectives that
address, at a minimum, the following:
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MIG
• Accessory dwelling units
• Housing that is affordable by design with specific standards
• Reasonable requirements that favor smaller housing units close to jobs and services
• Incorporation of Housing Element and HCD goals
The Administrative Draft Affordable Housing Ordinance, consisting of the above sections, will be
submitted electronically to the City for staff review. The City will be responsible for collecting all staff
comments into a single document using Microsoft Word's track changes function, from which MIG will
revise the Administrative Draft Ordinance and complete the Draft Ordinance for public review. This
scope and budget assume one round of comments and revisions with staff.
Task 5 Deliverables
Administrative Draft Affordable Housing Ordinance (electronic)
Draft Public Review Affordable Housing Ordinance for public hearings (electronic)
Task 6: Public Hearings
6.1 PUBLIC HEARINGS
We have scoped for two public hearings for the Housing Element: one with the Planning Commission
and one with the City Council. We propose to conduct the hearings after receiving a conditional letter
of compliance from HCD.
City staff will be responsible for public notices and staff reports. MIG will prepare and present a
PowerPoint presentation for the hearings. We will submit the materials electronically to City staff for
review prior to each hearing. One MIG staff will attend each hearing. MIG will assist City staff in
responding to any public or agency comments.
We are available to attend additional hearings and prepare staff reports as additional services.
6.2 FINAL HOUSING ELEMENT
Following adoption of the element by the City Council, MIG will prepare a final version of the Housing
Element, including any changes to the draft required by City Staff and officials, for transmittal to HCD for
a 90 -day review. We will work closely with City staff to ensure that schedules are maintained to meet
State deadlines and requirements. This task includes a delivery of one hard copy and an electronic PDF
copy on CD of the Draft Housing Element, mailed to HCD, per HCD's guidance.
HCD has the opportunity to review the Housing Element for up to 90 days—once the Council has
adopted it—to ensure the adopted element complies with the provisional certification letter previously
issued. During this time, MIG will be available to 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 nor the time required to
address questions or comments, we have provided an allowance for this task in the program budget. If
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City of Atascadero
MIG
additional effort is required beyond this allowance, we will bill for additional work on a
reimbursable basis with prior authorization from the City.
Task 6 Deliverables
Final
Final Housing Element for HCD certification (one printed copy plus an electronic PDF on CD)
Hearing PowerPoint presentations - draft and final (electronic)
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792119.3
EXHIBIT B
Compensation and Method of Payment
TOTAL COST OF CONTRACT NOT TO EXCEED $ 93,925.00
WITHOUT PRIOR WRITTEN AUTHORIZATION
Services will be conducted on a time and material basis not to exceed the contractual amount
of $93,925.00. All reimbursables will be covered to a maximum amount of $2,745 for the
duration of the contract. The reimbursable allowance of $2,745 is included in the total
contract amount of $93,925.00.
Any additional services authorized by the City of Atascadero, not included in the scope of
services as defined by this contract, must be approved in the form of a City of Atascadero
Change Order prior to performing additional work. All additional work authorized by a City
of Atascadero change order will be compensated at the same unit cost for the defined services
as agreed to in the attached contract. Payment will be made within 30 days after receipt and
approval of invoice.
Payments to the consultant in excess of the contract amount of $93,925.00 will not be made
unless written authorization is executed prior to the date of the additional requested work. Any
charges incurred outside of these contract terms will not be authorized for payment.
MIG, Inc
Laura St�incipal
658615.1
DRAFT 06/4/014,33 PM B -t
Task 1:
Proi Initiation, Coordination, and Managennom
L
Stetson
0. Shenri
MIG
1.1
Pr 'ect Kick -of Meeting, Tour, and Scope Refinement
i
1
1 SM i
13 i
$1.885 1
9
5990
1
S95
i 24
53,195
Tx
Pr Men er1[, Pr Team Meetings/Call, (18 months)
6
1 $1,350
40
$5,800
8
S880
1 6
5570
60
58,600
Subtotal
7
s1,575 1
53 1
S7.6aS 1
17
SI,Bro
7
f6b5
8/
51 /,79s
Task 2:
21
C...unity Engagement
Communft Workshopal2).
2
5450
21
53,045
60
56,600
4
S39D
87
510075
u
_
5tu Sessions with PC7CC (2)
2
1 5450 1
21 1
$3,045 1
30
1 Si
1 2
4190
55
1 $6,985
51MoW
4
5900
42
56,090
90
59,900
b 1
5570
142
577,460
Task 3:
Housing El*m*nt
Administrative Draft Housing Element
b
51,350
50
Si
168
578,480
2
$190
226
$27,270
IFdt
ix
Draft Hwsi Element
1
S225
20
$2,900
32
1 53,520
so
53
1 56,615
SnlxotM
7
51,575
ro
510,150
100
f22p00
2
5190
279
t33,915
Task 4:
a.t
HCD Corisukation
HCD Consultation (allowance
2
5450
13
$7 885
844i
42
Public Review Draft Housing Element
1
$225
8
$1,160
16Subtotal
3
5675
21
53,045
24eview
448S'6'�360
Ordinance Performance
2
5450
4
5580
8Ord-:ante
for Compliance
1
$225
12
f1 ]d024
53
Draft Affordable Housing Ordinance
8
51 "
1
- 2d
53,480
24
52,640
s0
w
7,920
Subtotal
11
S2,475
40
55,800
56
$6,160
0
s0
107
_
570,435
Task 6:
6.1
Publi HearaW and Final Hou*V Masai
Public Hear' (2)
50
...
53,480Ib
51,760
SO
d0
$5,240
6.2Fnal
Housin Element (allowance)
..
5870
8
8390
SO
IS
SL975
_
Subtotal
1
5:25
S?: -:0
0
w
1 55
57,215
SUBTOTAL
70
7
1
SwIle I
mi
94AW-F
as
$1,425
715
$91 80
Duct Costs: Mile /Lo als not to exceed)
-1
51,995
Dkect Costs: Pdrtti x04 k1a '
PROJECT TOTAL
3o
I .4n
2m.
-1
5750
1.8 SB 18 Support _ SO 1 5745 4 5410 so 5585
Additional City Cwmil Marino (8 continuecQ plus directs SO 10 S1 450 f0 t 5190 1Z. _ 81,dd0
MIG, Inc.
Atascadero Housing Element Fee Proposal
7,
EXHIBIT C
Schedule
Milestone Target
Completion Date
Contract Execution/Start Date
November 2019
Kick Off Meeting and Tour
December 2019
Initial Consultation with HCD
December 2019
Study Session #1
January 2019
Public Workshop #1
January 2019
Study Session #2
February/March 2020
Administrative Draft Housing Element
April 2020
City Review of Administrative Draft Element
Complete — Comments to MIG
2 weeks following submittal
Public Workshop #2
May/June 2020
HCD Submittal #1
July 2020
City Completes and Circulates CEQA
Documentation
July/August 2020
Respond to HCD Comments and Revise Draft
Housing Element
August/September 2020
Administrative Draft Affordable Housing
Ordinance
August 2020
City Review of Administrative Draft Affordable
Housing Ordinance Complete — Comments to
MIG
2 weeks following submittal
Draft Affordable Housing Ordinance
September 2020
Planning Commission Public Hearing
October 2020
City Council Public Hearing
November 2020
HCD Submittal (Adopted Housing Element)
Due December 31, 2020
plus 120 -day grace period
Final Certified 2019-2028 Housing Element
HCD has 90 days to review an adopted
Housing Element
658615.1
DRAFT 06/4/014 33 PM C-1
EXHIBIT D
INSURANCE REQUIREMENTS: CONSULTANT SERVICES
The Consultant shall procure and maintain for the duration -of the. contract insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant; its
agents, representatives, employees, or subconsultants.-
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001; (Ed. 1/87) covering Automobile Liability; code I (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage: If
Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence
limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions Liability: $1,000,000 per occurrence.
Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the
City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,
the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability
arising out of activities performed by on on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed
by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City,
its officers, official, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the
City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
3. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the City.
658615.1
DRAFT 06/4/014:33 PM D-1
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII.
Additional Insured
The City of Atascadero will need to be added to the policy as Additional Insured by endorsement, adding the City's name to
the Certificate of insurance is not sufficient and will not be accepted.
Verification of Coverage. Consultant shall famish the City with a certificate of insurance showing maintenance of the required
insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause
must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.
All endorsements are to be received and approved by the City before work commences.
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792119.3