HomeMy WebLinkAbout2012-06-26 CC Agenda Item No. 12i
TO: HONORABLE MAYOR
i MEMBERS OF THE CITY COUNCIL
FROM: THOMAS P. EVANS
CITY MANAGER
DATE: JUNE 28 2012
SUBJECT: PREPARATION OF THE 2014-2021 HOUSING ELEMENT UPDATE,
AWARDING OF THE CONSULTANT'S CONTRACT.
^ oil 11 1IM-TIM-1
Staff recommends that the City Council authorize the City Manager to enter into a
professional services agreement with Hogle- Ireland, Inc. to prepare the City of Lake
Elsinore Housing Element Update, for the period January 1, 2014 to December 31,
2021 (HEU), for an amount not to exceed $34,580 and in such form as approved by the
City Attorney.
• I ile •
The city of Lake Elsinore adopted an update to its General Plan on December 13,
2011, that included the July 1, 2008 to June 30, 2014 Housing Element. In order to
adopt the next cycle Housing Element before the deadline date of October, 2013, a
consultant must be onboard to update the background information, gather input
regarding housing needs from community leaders and stakeholders, and ultimately
prepare a Draft Housing Element for review by the city and submittal to the State
Department of Housing and Community Development (HCD). If the city successfully
meets the deadline date, the adopted Housing Element will be valid for an eight -year
period, not expiring until December 31, 2021. If we do not meet the State - imposed
deadline, the adopted Housing Element will be limited to a four -year term, expiring on
December 31, 2017.
On April 24, 2012, Planning Staff sent out and posted on the City's website a Request
for Proposal (RFP) to prepare the Housing Element Update. The RFP required that the
AGENDA ITEM NO. 11
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Awardin of Contract for Housin Element Update
June 26, 2012
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consultant attain certification, makin an necessar revisions to the draft as re
b the State or the Cit
Staff received six proposals from the consultin firms listed below in alphabetical order:
CONSULTANT
LOCATION
PROPOSAL
Castaneda & Associates
Riverside, CA
J-.- H--.-,-Douglas & Associates
Santa Ana, CA
Ho Inc.
Riverside, CA
Rancho Cordova, CA
RBF Consultin
Swi Consulti
Huntin Beach, CA
Discussion
Staff had the followin objectives in mind in the selection process:
• Knowled and experienced: Thorou understandin of related State Laws
and new re histor of Housin Element preparation in the Inland
Empire, g ood workin relationship with HCD.
• Excellent presentation skills: Polished, professional, friendl en and
responsive.
• Or efficient and self-reliant: Number of staff committed to the project,
their expertise, availabilit of technical resources, minimal tasks allotted to Cit
staff.
• Flexible: Willin to work within the proposed bud and timeframe to
achieve State certification.
• Reasonable Cost.
Based on these criteria and review of the proposals, staff interviewed the top three
candidates, checked references and reviewed sample work product. Subse to this
process, Staff ranked Ho Inc. (H-1) as the first choice to prepare the Cit
Housin Element Update. H-1 has prepared HEUs in most of the nei cities —
Riverside, Norco, Murrieta, Perris. Their knowled of local housin issues count
is a g reat advanta H-1 also completed and obtained HCD certification of Lake
Elsinore's last HEU in December 2011. Throu that process, H-1 is well aware of the
Cit desire to update the snapshot in time, and is read to include new data in the next
HEU. Durin the interview process, Staff asked that the HEU contain a simplified set of
g oals and policies, and H-1 indicated that was possible durin this HEU c H-1 also
proposed minor modifications to the ori schedule and a rate reduction from $39,995
to the amount referenced above in reco of its recent work with the Cit The
Project Mana Nelson Miller, served as Communit Development Director in Lake
Elsinore (1985-1988), and has knowled of properties and developments throu
the Cit
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WA
r,A ardin of Contract for Housin Element Update
June 26, 2012
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Fiscal Impact
Associated costs for the 2014-2021 Housin Element Update are included in the 2012-
2013 Plannin Division Fiscal Year bud $60,000 is allocated for the HEU contract
and staff time and materials.
Attachments:
1. A for Professional Services
2. Ho Proposal (under separate cover
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This A for Professional Services (the "A is made and entered
into as of this twent da of June, 2012, b and between the Cit of Lake Elsinore,
a municipal corporation ( "Cit y and Ho Inc. ("Consultant"
I V =101
A. Consultant is speciall trained, experienced and competent to perform the
special services which will be re b this A
B. Consultant possesses the skill, experience, abilit back certification
and knowled to provide the services described in this A on the terms and
conditions described herein.
C. Cit desires to retain Consultant to render professional consultin services
and related work as set forth in this A
1. Scope of Services. Consultant shall perform the services described in the
Proposal to Prepare the Cit of Lake Elsinore Housin Element Update dated Ma
24, 2012 ("Scope of Services) and attached as Exhibit "A" and incorporated herein b
reference. Consultant shall provide said services at the time, place, and in the manner as
specified in the Scope of Services (Exhibit "A"), subject to the direction of the Cit throu
its staff .
2. Time of Performance. The services of Consultant shall commence upon
execution of this A and shall continue as provided in the Scope of Services
(Exhibit "A").
I Compensation. Compensation to be paid to Consultant shall not exceed
thirt thousand five hundred ei dollars ( $34,580.00 ) . Compensation shall be
in accordance with the Compensation Schedule attached hereto as Exhibit "B" and
authorization of the Cit Council. Pa b Cit under this A shall not be
deemed a waiver of defects, even if such defects were known to the Cit at the time of
pa
4. Method of Pa Consultant shall submit monthl billin to Cit
describin the work performed durin the precedin month and the amount owed
consistent with the Compensation Schedule ( Exhibit "B"). Consultant's bills shall include a
brief description of the services performed, the date the services were performed, the
number of hours spent and b whom, and a description of an reimbursable expenditures.
Cit staff shall promptl review invoices and advise Consultant as to an disapproval. Cit
shall pa Consultant no later than 30 da after approval of the monthl invoice b Cit
staff.
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5. Extra Work. At an time durin the term of this A Cit ma re
that Consultant perform Extra Work. As used herein, "Extra Work" means work which is
determined b Cit to i® outside of the scope of the Scope of Services ( Exhibit
Consultant shall not perform Extra Work without written authorization from Cit Extra work
will be invoiced separatel from services performed in accordance with the Scope of
Services ( Exhibit
6. Termination. This A ma be terminated b the Cit immediatel for
cause or b either part without cause upon thirt ( 30 ) da written notice of termination.
Upon termination, Consultant shall be entitled to compensation for services performed up
to the effective date of termination.
7. Ownership o Documents. All plans, studies, documents and other writin
prepared b and for Consultant, its officers, emplo and a and subcontractors in
the course of implementin this A workin notepad internal documents, shall
become the propert of the Cit upon pa to Consultant for such work, and the Cit
shall have the sole ri to use such materials in its discretion without further compensation
to Consultant or to an other part Consultant shall, at Consultant's expense, provide such
reports, plans, studies, documents and other writin to Cit upon written re Cit
acknowled that an use of such materials in a manner be the intended purpose as
set forth herein shall be at the sole risk of the Cit Cit further a to defend, indemnif
and hold harmless Consultant, its officers, officials, a emplo and volunteers from
an claims, demands, actions, losses, dama injuries, and liabilit direct or indirect
(includin an and all costs and expenses in connection therein), arisin out of the Cit
use of such materials in a manner be the intended purpose as set forth herein.
a. Licensin of Intellectual Propert This A creates a nonexclusive
and perpetual license for Cit to cop use, modif reuse, or sublicense an and all
cop desi and other intellectual propert embodied in plans, specifications,
studies, drawin estimates, and other documents or works of authorship fixed in an
tan medium of expression, includin but not limited to, ph drawin or data
ma or otherwise recorded on computer diskettes, which are prepared or caused
to be prepared b Consultant under this A but shall not include an license for
the Cit use of Consultant's proprietar software or other intellectual propert
( "Documents & Data" Consultant represents and warrants that Consultant has the le
ri to license an and all Documents & Data. Cit shall not be limited in an wa in its
use of the Documents & Data at an time, provided that an such use not within the
purposes intended b this A shall be at Cit sole risk.
b. Confidentiality. All memoranda, specifications, plans, procedures, drawin
descriptions, computer pro data, input record data, written information, and other
Documents & Data either created b or provided to Consultant in connection with the
performance of this A shall be held confidential b Consultant. Such materials
shall not, without the prior written consent of Cit be used b Consultant for an purposes
other than the performance of the services under this A Nor shall such materials
be disclosed to an person or entit not connected with the performance of the services
under this A Nothin furnished to Consultant which is otherwise known to
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Consultant or is g enerall y known, or has become known, to the related industr shall •
deemed confidential. Consultant shall not use Cit name or insi photo relatin
to services provided b Consultant in accordance with the Scope of Services ( Exhibit "A"
or an publicit perta to the Consultant's services under this A in an
ma trade paper, newspaper, television or radio production or other similar mediu
without the prior written consent of Cit Cit hereb g ives its permission for Consultant t
include the Cit in Consultant's list of clients and description of services provided on it
web site and other similar materials.
8. Consultant's Books and Records.
a. Consultant shall maintain an and all led books of account, invoices,
vouchers, canceled checks, and other records or documents evidencin or relatin to
char for services, or expenditures and disbursements char to Cit for a minimum
period of three (3) y ears, or for an lon period re b law, from the date of final
pa to Consultant to this A
b. Consultant shall maintain all documents and records which demonstrate
performance under this A for a minimum period of three ( 3) y ears, or for an
lon period re b law, from the date of termination or completion of this
A
C. An records or documents re to be maintained pursuant to this
A shall be made available for inspection or audit, at an time durin re
business hours, upon written re b the Cit Mana Cit Attorne Cit Auditor or a
desi representative of these officers. Copies of such documents shall be provided to
the Cit for inspection at Cit Hall when it is practical to do so. Otherwise, unless an
alternative is mutuall a upon, the records shall be available at Consultant's address
indicated for receipt of notices in this A
d. Where Cit has reason to believe that such records or documents ma be
lost or discarded due to dissolution, disbandment or termination of Consultant's business,
Cit ma b written re b an of the above-named officers, re that custod of the
records be g iven to the Cit and that the records and documents be maintained in Cit Hall.
Access to such records and documents shall be g ranted to an part authorized b
Consultant, Consultant's representatives, or Consultant's successor -in- interest.
9. Independent Contractor. It is understood that Consultant, in the performance
of the work and services a to be performed, shall act as and be an independent
contractor and shall not act as an a or emplo of the Cit Consultant shall obtain no
ri to retirement benefits or other benefits which accrue to Cit emplo and
Consultant hereb expressl waives an claim it ma have to an such ri
10. Interests of Consultant. Consultant ( includin g principals, associates and
professional emplo covenants and represents that it does not now have an
investment or interest in real propert and shall not ac an interest, direct or indirect,
in the area covered b this A or an other source of income, interest in real
HE PSA for Ho June 26 2012 3
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propert or investment which would be affected in an manner or de b the
performance of Consultant's services hereunder. Consultant further covenants and
represents that in the performance of its duties hereunder no person havin an such
interest shall perform an services under this A
Consultant is not a desi emplo within the meanin of the Political Refor
Act because Consultant: I
a. will conduct research and arrive at conclusions with respect to his/her
rendition of information, advice, recommendation or counsel independent of the control
and direction of the Cit or of an Cit official, other than normal a monitorin
and
b. possesses no authorit with respect to an Cit decision be rendition of
information, advice, recommendation or counsel. ( FPPC Re 18700(a)(2
11. Professional Abilit of Consultant. Cit has relied upon the professional
trainin and abilit of Consultant to perform the services hereunder as a material
inducement to enter into this A Consultant shall therefore provide properl skilled
professional and technical personnel to perform all services under this A All
work performed b Consultant under this A shall be in accordance with applicable
le re and shall meet the standard of q ualit y ordinaril to be expected of
competent professionals in Consultant's field of expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its
profession to compl with all applicable federal, state and local laws, codes, ordinances
and re
13. Licenses. Consultant represents and warrants to Cit that it has the licenses,
permits, q ualifications, insurance and approvals of whatsoever nature which are le
re of Consultant to practice its profession. Consultant represents and warrants to
Cit that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times
durin the term of this A an licenses, permits, insurance and approvals which
are le re of Consultant to practice its profession.
14. Indemnity. Consultant a to defend, indemnif and hold harmless the
Cit its officers, officials, a emplo and volunteers from and a an and all
claims, demands, actions, losses, dama in and liabilit direct or indirect
( includin g an and all costs and expenses in connection therein arisin out of
Consultant's ne performance or willful misconduct under this A or its failure
to compl with an of its obli contained in this A except for an such claim
arisin out of the sole ne or willful misconduct of the Cit its officers, a
emplo or volunteers.
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15. Insurance Re
a. Insurance. Consultant, at Consultant's own cost and expense, shall procure
,2nd maintain, for the duration i contract, the followin insurance policies.
i. Workers' Compensation cove rage. Consultant shall maintain
Workers' Compensation Insurance and Emplo Liabilit Insurance for
his/her emplo in accordance with the laws of the State of California. In
addition, Consultant shall re each subcontractor to similarl maintain
Workers' Compensation Insurance and Emplo Liabilit Insurance in
accordance with the laws of the State of California for all of the
subcontractor's emplo An notice of cancellation or non-renewal of all
Workers' Compensation policies must be received b the Cit at least thirt
(30) da prior to such chan The insurer shall a to waive all ri of
subro a Cit its officers, a emplo and volunteers for
losses arisin from work performed b Consultant for Cit
ii. General Liabilit Covera Consultant shall maintain commercial
g eneral liabilit insurance in an amount not less than one million dollars
( $1,000,000 ) per occurrence for bodil in personal in and propert
dama If a commercial g eneral liabilit insurance form or other form with a
g eneral a limit is used, either the g eneral a limit shall appl
separatel to the work to be performed under this A or the g eneral
a limit shall be at least twice the re occurrence limit.
iii. Automobile Liabilit Covera Consultant shall maintain automobile
liabilit insurance coverin bodil in and propert dama for all activities
of the Consultant arisin out of or in connection with the work to be
performed under this A includin covera for owned, hired and
non-owned vehicles, in an amount of not less than one million dollars
($1,000,000) combined sin limit for each occurrence.
iv. Professional Liabilit Covera Consultant shall maintain
professional errors and omissions liabilit insurance for protection a
claims alle ne acts, errors or omissions which ma arise from
Consultant's operations under this A whether such operations b
the Consultant or b its emplo subcontractors, or subconsultants. The
amount of this insurance shall not be less than one million dollars
( $1,000,000 ) on a claims-made annual a basis, or a combined
sin limit per occurrence basis.
b. Endorsements. Each g eneral liabilit and automobile liabilit insurance polic
shall be with insurers possessin a Best=s ratin of no less than A:VII and shall be
endorsed with the followin specific lan
i The Cit its elected or appointed officers, officials, emplo a
and volunteers are to be covered as additional insureds with respect to
HE PSA for Ho June 26 2012 5
liabilit arisin out of work performed b or • behalf of the Consultant,
includin materials, parts or e furnished in connection with such
work or operations.
ii. This polic shall be considered primar insurance as respects the Cit
its elected or appointed officers, onicials, emplo a and volunteers.
An insurance maintained b the Cit includin an self-insured retention the
Cit ma have, shall be considered excess insurance onl and shall not
contribute with it.
iii. This insurance shall act for each insured and additional insured as
thou a separate polic had been written for each, except with respect to
the limits of liabilit of the insurin compan
iv. The insurer waives all ri of subro a the Cit its
elected or appointed officers, officials, emplo or a
V. An failure to compl with reportin provisions of the policies shall not
affect covera provided to the Cit its elected or appointed officers,
officials, emplo a or volunteers.
vi. The insurance provided b this Polic shall not be suspended, voided,
canceled, or reduced in covera or in limits except after thirt (30) da
written notice has been received b the Cit
C. Deductibles and Self-insured Retentions. An deductibles or self-insured
retentions must be declared to and approved b the Cit At the Cit option, Consultant
shall demonstrate financial capabilit for pa of such deductibles or self-insured
retentions.
d. Certificates of Insurance. Consultant shall provide certificates of insurance
with ori endorsements to Cit as evidence of the insurance covera re herein.
Certificates of such insurance shall be filed with the Cit on or before commencement of
performance of this A Current certification of insurance shall be kept on file w ith
the Cit at all times durin the term of this A
16. Notices. An notice re to be g iven under this A shall be in
writin and either served personall or sent prepaid, first class mail. An such notice shall
be addressed to the other part at the address set forth below. Notice shall be deemed
communicated within 48 hours from the time of mailin if mailed as provided in this section.
If to Cit Cit of Lake Elsinore
Attn: Cit Mana
130 South Main Street
Lake Elsinore, CA 92530
HE PSA for Ho June 26 2012
X
N 0 it 6 ^ 1 0
94IMMEME
'If to Consultant: Ho
Aftn: Nelson E. Miller Vice President
1500 Iowa Avenue, Suite 1 10
Riverside, CA 92507
17. Entire A This A constitutes the complete and exclusive
statement of A between the Cit and Consultant. All prior written and oral
communications, includin correspondence, drafts, memoranda, and representations, are
superseded in total b this A
18. Amendments. This A ma be modified or amended onl b a
written document executed b both Consultant and Cit and approved as to form b the
Cit Attorne
19. Assi and Subcontractin The parties reco that a substantial
inducement to Cit for enterin into this A is the professional reputation,
experience and competence of Consultant. Consultant shall be full responsible to Cit for
all acts or omissions of an subcontractors. Assi of an or all ri duties or
obli of the Consultant under this A will be permitted onl with the express
consent of the Cit Consultant shall not subcontract an portion of the work to be
performed under this A without the written authorization of the Cit If Cit
consents to such subcontract, Consultant shall be full responsible to Cit for all acts or
omissions of those subcontractors. Nothin in this A shall create an contractual
relationship between Cit and an subcontractor nor shall it create an obli on the
part of the Cit to pa or to see to the pa of an monies due to an such
subcontractor other than as otherwise is re b law.
20. Waiver. Waiver of a breach or default under this A shall not
constitute a continuin waiver of a subse breach of the same or an other provision
under this A
21. Severabilit If an term or portion of this A is held to be invalid,
ille or otherwise unenforceable b a court of competent jurisdiction, the remainin
provisions of this A shall continue in full force and effect.
22. Controllin Law Venue. This A and all matters relatin to it shall be
g overned b the laws of the State of California and an action brou relatin to this
A shall be held exclusivel in a state court in the Count of Riverside.
23. Liti Expenses and Attorne Fees. If either part to this A
commences an le action a the other part arisin out of this A the
prevailin part shall be entitled to recover its reasonable liti expenses, includin
court costs, expert witness fees, discover expenses, and attorne fees.
24. Mediation. The parties a to make a g ood faith attempt to resolve an
disputes arisin out of this A throu mediation prior to commencin liti
The parties shall mutuall a upon the mediator and share the costs of mediation
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e If the parties are unable to a upon a mediator, the dispute shall be submitted
to JAMS/ENDISPUTE ( "JAMS" ) or its successor in interest. JAMS shall provide the parties
with the names of five q ualified mediators. Each part shall have the option to strike two of
the five mediators selected b JAMS and thereafter the mediator remainin shall hear the
dispute. If the dispute remains unresolved after mediation, either part ma commence
liti
25. Execution. This A ma be executed in several counterparts, each
of which shall constitute one and the same instrument and shall become bindin upon the
parties when at least one cop hereof shall have been si b all parties hereto. In
approvin this A it shall not be necessar to produce or account for more than
one such counterpart.
26. Authorit to Enter A Consultant has all re power and
authorit to conduct its business and to execute, deliver, and perform the A Each
part warrants that the individuals who have si this A have the le power,
ri and authorit to make this A and to bind each respective part
27. Prohibited Interests. Consultant maintains and warrants that it has not
emplo nor retained an compan or person, other than a bona fide emplo workin
solel for Consultant, to solicit or secure this A Further, Consultant warrants that
it has not paid nor has it a to pa an compan or person, other than a bona fide
emplo workin solel for Consultant, an fee, commission, percenta brokera fee,
g ift or other consideration contin upon or resultin from the award or makin of this
A For breach or violation of this warrant Cit shall have the ri to rescind this
A without liabilit For the term of this A no member, officer or
emplo of Cit durin the term of his or her service with Cit shall have an direct
interest in this A or obtain an present or anticipated material benefit arisin
therefrom.
28. Equal Opportunit Emplo Consultant represents that it is an e
opportunit emplo and it shall not discriminate a an subcontractor, emplo or
applicant for emplo because of race, reli color, national ori handicap,
ancestr sex or a Such non - discrimination shall include, but not be limited to, all
activities related to initial emplo up demotion, transfer, recruitment or
recruitment advertisin la or termination.
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IN WITNESS WHEREOF the parties have caused this A to be executed
on the date first written above.
W44 k via
CITY OF LAKE ELSINORE, a municipal
corporation
Thomas P. Evans, Interim Cit Mana
Vir Bloom, Cit Clerk
Barbara Leibold
,j Cit Attorne
"CONSULTANT"
Hoale-Ireland
Inc.
1500 Iowa Avenue, Suite 110
Riverside, CA 92507
B Nelson E. Miller
Its: Vice President
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Housin Elements are due in October of 2013. Adoptin this Housin Element on time means
that the subse c the Cit will have ei y ears until the next update rather than four
y ears. Ho proposed to adhere to the followin milestones to complete the Housin
Element Update, with sufficient time for Plannin Commission and Cit Council adoption b
October 2013.
MILESTONE TARGET COMPLETION DATE
Contract Execution/Start Date
June 2012
Kick-off Meetin
June 19, 2012
Screencheck Housin Element for Staff Review
1st week of October 2012
Cit Review of Draft - Comments to Ho
2 wks after Draft Plan submittal
Complete Public Review Draft Housin Element
November 2012
Workshop/Stud Session with Public, Plannin Commission and Cit
Council to review Draft Housin Element
December 2012
HCD Submittal #1
Januar 2013
Respond to HCD Comments and Revise Draft Housin Element
2-3 wks after HCD comments
are received
HCD Submittal #2
March 2013
Initiate Environmental Documentation
March 2013
Cit Review of Admin. Env. Documentation Complete. - Comments to
Ho
2 wks after Admin Draft
Environmental Document
Submittal
Public Hearin for Housin Element and Environmental Document
September 2013
Final Certified 2014-2021 Housin Element
October 13, 2013
Exhibit "A"
rTT*rtCT417mMJ3
We are sensitive to the bud challen all cities face toda thus, we have structured the work
pro to focus on the immediate issue at hand: ensurin the Housin Element is consistent
with housin element law, providin defensible environmental documentation to support the
polic document, and meetin State-mandated deadlines. While we have structured the work
pro and cost proposal based on our understandin of the Cit objectives, both are flexible
and can be adjusted to meet y our particular needs.
The scope of work and bud presented in this proposal are based on the followin
assumptions:
ii The Cit will provide Ho with all applicable and most current GIS files,
includin a parcel-specific file that includes zonin and General Plan desi
i--,, The Cit will be responsible for noticin all public workshops and hearin
E Ho will produce hard-copies of documents as indicated b the Scope of
Work; otherwise, all documents will be provided electronicall for the Cit to reproduce
and/or distribute.
i� Ho will devote the staff resources necessar to keep the pro on
schedule and Cit staff will review draft documents and provided needed information in a
timel fashion consistent with the schedule.
Cit of Lake Elsinore Housin Element Update
Ho Fee Schedule
TASK TOTAL COST
Task 1 - Project Initiation
1.1 Project Kick-off and work Refinement
$ 990
Task 2 - Assessment
2.1 Evaluation of 2008-2014 HE
$1,380
2.2 Document Review
$ 780
Task 3 - Housin Element Preparation
3.1 Housin Needs Anal
$4,380
3.2 Housin Resources and Opportunities
$31300
3.3 Housin Constraints
$1,350
3.4 Goals, Policies and Quantified Objectives
$1,320
3.5 Communit Outreach Meetin
$1
Task 4 - Prepare and Finalize Housin Element
4.1 Draft Housin Element
$41170
4.2 State Certification (Allowance)
$3,540
4.3 Public Hearin (1 PC / 1 CC)
$21220
4.4 Final Housin Element
$1,520
Task 5 - Environmental Review
5.1 Initial Stud and IVIND
$51340
Taks 6 - Communication with Staff and Re Work Products
6.1 On Coordination/Cit Staff Meetin
$2,130
Direct Costs (Deliverables and mailin
$ 240
TOTAL $34,580
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