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HomeMy WebLinkAboutCED Inclusionary Affordable Housing Requirment AnalysisAGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SAN RAFAEL AND STRATEGIC ECONOMICS, INC. FOR ANALYSIS OF INCLUSIONARY AFFORDABLE HOUSING REQUIREMENT This Agreement is made and entered into as of J U [ 221 2024 (the "Effective Date"), by and between the CITY OF SAN RAFAEL, a chartered California municipal corporation (hereinafter "CITY"), and STRATEGIC ECONOMICS, INC. a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement." RECITALS A. CITY desires to secure professional services more fully described in this Agreement, at Exhibit A, entitled "SCOPE OF SERVICES"; and B. CONSULTANT represents that it, and its subcontractors, if any, have the professional qualifications, expertise, and necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of CITY; and C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for. NOW, THEREFORE, the parties hereby agree as follows: AGREEMENT 1. SERVICES TO BE PROVIDED. Except as otherwise may be expressly specified in this Agreement, CONSULTANT shall furnish all technical and professional services, including labor, material, equipment, transportation, supervision and expertise (collectively referred to as "Services") to satisfactorily complete the work required by CITY at its sole risk and expense. Services to be provided to CITY are more fully described in Exhibit A entitled "SCOPE OF SERVICES." CONSULTANT acknowledges that the execution of this Agreement by CITY is predicated upon representations made by CONSULTANT in that certain proposal, dated February 5, 2024 ("Proposal") set forth in Exhibit A, which constitutes the basis for this Agreement. 2. COMPENSATION. In consideration for CONSULTANT's complete performance of Services, CITY shall pay CONSULTANT for all materials provided and services rendered by CONSULTANT at the unit rates and rates per hour for labor, as set forth in Exhibit A, for a total amount not to exceed Rev 08 22 $74,500. CONSULTANT will bill City on a monthly basis for Services provided by CONSULTANT during the preceding month, subject to verification by CITY. CITY will pay CONSULTANT within thirty (30) days of City's receipt of invoice. 3. TERM OF AGREEMENT. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on July 1, 2024 and terminate on June 30, 2025. 4. PROJECT COORDINATION. A. CITY'S Project Manager. Housing Manager is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Dena Belzer is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. v 08 22 2 6. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. CITY shall hold harmless CONSULTANT from and against any and all claims, losses, or damages resulting from CITY'S reuse of written documents and materials on any project other than the project which is the subject of this Agreement. CONSULTANT shall retain all right, title and interest in any such pre-existing documents and materials. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. INSURANCE REQUIREMENTS. During the term of this Agreement, and for any time period set forth in E.xllibit B, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in Exhibit B. 10. INDEMNIFICATION. A. Except as otherwise provided in subparagraph B of this section, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT' indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active v 08 22 negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages, Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. v 08 22 4 13. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To CITY's Project Manager: Alexis Captanian, Housing Manager 1400 Fifth Avenue San Rafael, CA 94901 15. INDEPENDENT CONTRACTOR. To CONSULTANT's Project Director: Dena Belzer, President 2991 Shattuck Ave Ste 203 Berkeley, CA 94705 For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, v 09 22 the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any tern, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any tern, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code, and CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. voszz 6 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. [Signatures are on the following page.] 08.22 7 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: �'4�txc A�vr�i Crktine AlRovich (Jul 22, 202416:00 PDT) CRISTINE ALILOVICH, City Manager APPROVED AS TO FORM: Office of the City Attorney Rn(en F. r as&2k Robed F. Epitem 'Jul 20.2024 14:30 PDT) By: ROBERT F. EPSTEIN, City Attorney ATTEST: City Clerk gY2Nha Nwwi `- Brenna Nurmi 1101) (Jul 22, 2024 1611 PDT) LINDSAY LARA, City Clerk 08.22 8 CONSULTANT: Ll— 9.2- O By: Dena Belzer Name: Dena Belzer Title: Principal [If CONSULTANT is a corporation, add signature of second corporate officer] C Nana, Adams I J.1_9, 1-11 S5 Ynn By: Charles Adams Name: Charles Adams Title: CFO EXHIBIT A SCOPE OF SERVICES The Services to be performed for CITY by CONSULTANT under this Agreement are more fully described in CONSULTANT's proposal, which is attached to this Exhibit A. Rev 08 22 A-1 STRATEGICECONOMICS REVIEW, ANALYSIS AND FEASIBILITY STUDY OF THE CITY OF SAN RAFAEL INCLUSIONARY AFFORDABLE HOUSING REQUIREMENT FEBRUARY 5, 2024 Prepared for: City of San Rafael Submitted By: Strategic Economics, Inc. 2991 Shattuck Ave Ste 203 Berkeley, CA 94705 Dena Belzer, President (510) 647-5291 x108 dbeizer@strategiceconomics.com Project Understanding and Approach Strategic Economics recognizes that the City of San Rafael, like the rest of the Bay Area region, has been experiencing a housing affordability and displacement crisis that affects renters, homeowners, and, most significantly, homeless residents. The City's existing Affordable Housing Requirements (AHR) on new development reflect the City's commitment to meeting these challenges. These requirements include an inclusionary affordable housing and in -lieu fee program for residential development and a commercial linkage fee charged on non-residential development. Following a pair of studies performed by Strategic Economics, San Rafael's City Council has recently approved updates to the fee amounts for both in -lieu fees for residential development (effective July 2023) and commercial linkage fees for non-residential development (to be effective July 2024). However, San Rafael's inclusionary affordable requirement (the percentage of units offered at below market rates in each market rate development) has not been revised since 2021. At that time, the City modified its inclusionary policy by reducing the percentage affordable requirement for larger multifamily projects while, at the same time, allowing more flexibility in meeting the requirement. The City enacted these reforms in response to stakeholder feedback that suggested the previous policy was constraining development and that flexibility combined with easing the financial burden of the policy would spur the needed private residential projects, including needed inclusionary affordable units. Strategic Economics understands that, thus far, this objective has not yet materialized. It is unclear the extent to which the slow pace of new production is attributable to the inclusionary and in -lieu fee policies, external market conditions, and/or other factors. The City of San Rafael would like to reassess its inclusionary affordable policy in light of changing market conditions and development activity for the last several years over which the current policy has been in effect. In addition, the City would like to get a comprehensive picture of how the total municipal fee burden, which includes the affordable housing requirement, is impacting development feasibility. The City remains interested in maximizing the production of affordable housing without constraining market rate development or failing to meet the requirements of HCD—including new requirements under AB 1505 focused on project feasibility and ensuring the City can meet its RHNA allocations. Further, the City is interested in exploring policy solutions that are responsive to changing market conditions so that a higher percentage of affordable units can be realized during strong market cycles while allowing residential projects to move forward with reduced affordability commitments during more challenging conditions. The centerpiece of Strategic Economics' proposed approach and methodology uses market and financial feasibility analysis of development prototypes to fulfill the City's goals of balancing affordable housing production with the need to meet State requirements for overall production. The approach will culminate in recommended revisions to the inclusionary requirement including the inclusionary percentage and affordability levels. While in -lieu fee levels, means of compliance, and additional policy guidance are all covered in the County -wide inclusionary study, Strategic Economics will offer additional policy recommendations tailored to San Rafael as appropriate. Strategic Economics will also work with the City Council and Planning Commission to both educate and iteratively refine the final inclusionary ordinance and policy recommendations. 2 Scope of Work Task 1: Project Initiation and Information Review Strategic Economics will use the kickoff meeting to confirm the study's methodology, schedule, and deliverables, and to request any information necessary for the analysis. In addition to the background materials identified in the scope of work, Strategic Economics will request data on recent residential development proposals in San Rafael under the current inclusionary policy, contacts for developers with recent projects in San Rafael (to inform the feasibility analysis), and will vet a list of peer cities to be analyzed in the jurisdictional inclusionary policy comparison. During the kick-off meeting, Strategic Economics will also ask questions to better understand the performance of the existing inclusionary policy, especially in the context of overall development trends in San Rafael, such as: 1) How have developers typically satisfied existing inclusionary requirements in the past and how has this changed, if at all, over the last year or so when interest rates have been so high? Do developers tend to provide on -site units or pay the in -lieu fee and/or does this vary by project type and tenure? 2) For those who provide onsite units, how do they normally fulfill the secondary requirement which includes options for targeting either moderate- or low-income groups? 3) What affordability levels do developers typically actually target in their projects, within the ranges specified in the current policy? 4) How many inclusionary units has San Rafael generated and how many additional affordable units have been built using housing in -lieu fees since the original inclusionary requirement was adopted? 5) How much money has been generated through the Commercial Linkage Fee and how many units have these funds supported? Strategic Economics will also provide guidance for whether the revised policy might trigger feasibility review from HCD under AB 1505. Lastly, the meeting will be an opportunity to confirm the City's goals for the project, including clarifying the income targets that are most appropriately served by the policy and under what circumstances the City prefers that developers satisfy the inclusionary requirements with either on -site units or by paying the in -lieu fee. Task 2: Market Assessment, Policy Review, and Feasibility Analysis Task 2.1: Market Trends and Pro Forma Assumptions In close coordination with City staff, Strategic Economics will develop up to four development prototypes, ensuring that they represent the ownership and rental residential development types historically built in San Rafael as well as higher -density projects not currently built in the city but that might become feasible in the next market cycle. The prototypes will vary based on assumptions regarding building type, density, FAR, building height, unit size, ground floor retail 3 area, parking ratios, etc. The prototypes will be shared and discussed with City staff. Once approved, these prototypes will form the basis for making specific cost and revenue assumptions required for the pro forma feasibility analysis. Strategic Economics will collect historical market data to estimate current assumptions and recent trends in market sale prices and rents, vacancy rates, developable land values, and capitalization rates for housing development in San Rafael. To develop assumptions about current and recent trends in development costs, including hard, soft, and financing costs, as well as required rates of return and other financing requirements, Strategic Economics will contact and interview up to four residential developers with experience in San Rafael or its surrounding areas. Because Marin County is a secondary market for multifamily housing, the information will be supplemented by additional information taken from recent developer interviews conducted by Strategic Economics in other parts of the Bay Area. To establish a trend in these factors, the results of these interviews will be compared with similar information collected for the Marin Inclusionary Study in 2021. The trends in the collected market data, combined with the trend in development proposals collected in Task 1, will be used to characterize the changing market conditions and their impact on residential development in Task 2.3. Strategic Economics will rely on City staff's assistance to collect up-to-date information and/or estimate city fees and utility district fees for each prototype. Task 2.2: Baseline Feasibility Analysis Strategic Economics will develop a pro forma model to test the financial feasibility of the current inclusionary housing requirements. The analysis will examine the feasibility of the inclusionary requirement fulfilled under the various options allowed by the policy. The financial feasibility analysis of projects will be measured using a static pro forma model that will solve for the project's rate of return (yield on cost for rental housing and return on cost for ownership housing) and/or residual land value. The results will create a baseline understanding of the inclusionary requirement's impacts on prototype -specific project feasibility, likelihood of generating fee revenue and affordable housing units, and development types that can best support on -site affordable housing. Task 2.3: Policy Analysis and Best Practices Strategic Economics will analyze recent development activity shared by the city, along with market trends assembled in the previous task, to draw conclusions about the performance of San Rafael's inclusionary policy since 2021. To develop a set of policy options for further analysis, Strategic Economics will also review best practices and precedents for inclusionary policies that are robust or responsive to market conditions. Particular attention will be given to policy cases in the Bay Area that recently have responded to changes in the market, for example in San Francisco and San Jose. Task 2.4: Alternative Scenario Analysis Strategic Economics will work closely with City staff to create the three to five policy design alternatives for testing new affordable housing requirements. The policy alternatives will be informed by factors including the baseline feasibility results, findings from the analysis of nearby communities' policies and performance, and implications of AB 1505 requirements (including its guidance on affordability levels). 4 Strategic Economics will then use the pro forma model to test the financial feasibility of varying the inclusionary housing and in -lieu fee requirements. The pro forma analysis will be structured to understand what changes could be made to the existing inclusionary requirements to support the feasibility of projects that can continue to set aside a portion of their units as affordable. As part of this analysis, Strategic Economics will conduct sensitivity analyses based on changing development values, variations in construction costs, financing assumptions, or capitalization rates. Task 3: Final Preparation of Recommendations Strategic Economics will submit a final report that includes an analysis of the inclusionary policy performance since 2021, describes the results of the financial feasibility and alternative testing, describes the assumptions and sources applied in the analyses, recommends potential revisions to the inclusionary requirement, and recommends best practices for administering and monitoring the effectiveness of the policy. The report will include an executive summary of the findings and recommendations, as well as a comprehensive technical description of approach, methodology, findings, and recommendations. Key assumptions, sources, and other resource findings will be comprehensively described in technical appendices. Strategic Economics anticipates that the report versions will include an administrative draft, public draft, and final draft. Task 4: Meetings Strategic Economics will prepare necessary materials for and participate in up to three meetings with the Planning Commission, and/or City Council. (If preparation and attendance at additional meetings is required, these can be arranged at an additional cost.) The goals of these meetings would be to educate policymakers and stakeholders on the value, expectations, and limitations of inclusionary policies, share the results of the analyses and recommendations, and to begin building consensus for potential subsequent development and adoption of revisions policy. Input from these groups will be incorporated into the final draft report and recommendations. 5 Proposed Budget The total budget required to prepare the scope of work presented above is $74,500. A detailed breakdown of cost by person and task is shown in Figure 1 below. Figure 1: Proposed 8udgel for San Rafael Inefusionary Study 1 Project Initiation and Information Review 4 S 1,240 6 S 1,600 12 5 1.680 4 S 460 28 S4,980 00 2 1 Market Trends and Pro Forma Assumptions 4 5 1,240 12 S 2 400 36 S 5.040 30 5 3,450 82 S12.130 00 2 2 Baseline Feasibility Analysis 2 S 620 16 5 3200 30 5 4,200 8 S 920 56 $8,940 00 23 Policy Analysis and Best Practices 6 S 1,860 16 S 3,200 12 S 1,680 0 S - 34 S6,740 00 24 Alternative Scenario Analysis 6 5 1,860 20 S 4.000 50 S 7,000 8 S 920 84 S13,780 00 3 Final Preparation of Recommendations 6 S 1,860 20 S 4.000 50 S 7 000 10 S 1,150 86 S14,010 00 4 Meetings 12 5 3 720 30 S 6 000 30 S 4200 0 S - 72 S13 920 00 Subtotal Tasks 40 $ 12,400 122 $ 24.400 220 $ 30,800 60 $ 6,900 442 $ 74,500 Expenses n. EXHIBIT B INSURANCE REQUIREMENTS During the term of this Agreement, and for any time period set forth below, CONSULTANT shall procure and maintain in full force and effect, at no cost to CITY insurance policies with respect to employees and vehicles assigned to the performance of Services under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verifications as defined in this Exhibit B. A. Scope of Coverage. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. Commercial general liability. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. Automobile liability. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence. 3. Professional liability. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's performance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. Workers' compensation. If it employs any person, CONSULTANT shall maintain workers' compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's workers' compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONSULTANT's insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as Rev 0822 B-1 ISO form CG20 0104 13. 3. Except for professional liability insurance or workers' compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. Ifthe insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the Effective Date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the CONSULTANT under this Agreement. 9. CONSULTANT agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by CONSULTANT, provide the same minimum insurance coverage required of CONSULTANT, except as with respect to limits. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. CONSUTLANT agrees that upon request by CITY, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the performance of Services will be submitted to CITY for review. 10. CONSULTANT agrees to be responsible for ensuring that no contract used by any party involved in any way with the Services reserves the right to charge CITY or CONSULTANT for the cost of additional insurance coverage required by this Agreement. Any 08 22 B-2 such provisions are to be deleted with reference to CITY. It is not the intent of CITY to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against CITY for payment of premiums or other amounts with respect thereto. C. Deductibles and SIR's. Any deductibles or self -insured retentions in CONSULTANT's insurance policies must be declared to and approved by the CITY and shall not reduce the limits of liability. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self -insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by the CITY. 08.22 B-3 AGREEMENT FOR ANALYSIS OF SAN RAFAEL AFFORDABLE HOUSING REQUIREMENT Final Audit Report Created: 2024-07-18 By: Alebs Captanian (alexis.captanian@aityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAA2 z1F_9Qyfuo79Ya_9fFM-dGexot4XGr 2024-07-18 "AGREEMENT FOR ANALYSIS OF SAN RAFAEL AFFORDAB LE HOUSING REQUIREMENT" History Document created by Alexis Captanian (alexis.captanian@cityofsanrafael.org) 2024-07-18 - 6:53:11 PM GMT �'► Document emailed to Charles Adams (chuckadams0001 @protonmail.com) for signature 2024-07-18 - 6:53:41 PM GMT E-y Document emailed to Dena Belzer (dbelzer@strategiceconomics.com) for signature 2024-07-18 - 6:53:42 PM GMT Email viewed by Charles Adams (chuckadams0001@protonmail.com) 2024-07-18 - 6:54:05 PM GMT dQ Document e-signed by Charles Adams (chuckadams0001 @proton mail.com) Signature Date: 2024-07-18 - 6:55:07 PM GMT - Time Source: server Email viewed by Dena Belzer (dbelzer@strategiceconomics.com) 2024-07-18 - 9:50:59 PM GMT dp Document e-signed by Dena Belzer (dbelzer@strategiceconomics.com) Signature Date: 2024-07-18 - 9:51:35 PM GMT - Time Source: server Agreement completed. 2024-07-18 - 9:51:35 PM GMT a Adobe Acrobat Sign RAF„q�` Z 2 o \C, ly k'ITH P CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Community Development Project Manager: Alexis Captanian Extension: 2392 Contractor Name: Strategic Economics Contractor's Contact: Dena Belzer Contact's Email: dbelzer@strategiceconomics.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT I a. Email PINS Introductory Notice to Contractor DATE n/a Check/Initial AC ❑X 1 Project Manager b. Email contract (in Word) & attachments to City 7/3/2024 Atty c/o Laraine.Gittens@cityofsanrafael.org a. Review, revise, and comment on draft agreement 7/12/2024 AC 2 City Attorney and return to Project Manager 7/12/2024 ❑X NT b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ® NT 3 Project Manager Forward three (3) originals of final agreement to 7/18/2024 ❑XAC contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement ❑X N/A agendized for Council approval 'PSA > $20,000; or Purchase > $35,000; or Or ®AC Public Works Contract > $125,000 Click here to Date of Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreements to City 7/19/2024 5 Project Manager AC City Attorney Attorney with printed copy of this routing form 6 Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) 8 City Manager / Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager Professional Services Agreement- Strategic Economics - Analysis Final Audit Report Created: 2024-07-19 By: Nataly Torres (nataly.torres@cityofsanrafael.org) Status: Signed Transaction ID: CBJCHBCAABAAVHJbEfYAbdDRy2PyoZcLUrrhRsU_ez4H 2024-07-22 "Professional Services Agreement- Strategic Economics - Analy sis" History Document created by Nataly Torres (nataly.torres@cityofsanrafael.org) 2024-07-19-11:43:34 PM GMT- IP address: 99.145.194.25 P, 4 Document emailed to Laraine Gittens (laraine.gittens@cityofsanrafael.org) for approval 2024-07-19 - 11:46:17 PM GMT Email viewed by Laraine Gittens (laraine.gittens@cityofsanrafael.org) 2024-07-19 - 11:59:48 PM GMT- IP address: 104.47.65.254 6© Document approved by Laraine Gittens (laraine.gittens@cityofsanrafael.org) Approval Date: 2024-07-20 - 0:02:02 AM GMT - Time Source: server- IP address: 199.88.113.8 E-7y Document emailed to rob.epstein@cityofsanrafael.org for signature 2024-07-20 - 0:02:04 AM GMT Email viewed by rob.epstein@cityofsanrafael.org 2024-07-20 - 9:30:32 PM GMT- IP address: 73.170.94.56 dQ Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein 2024-07-20 - 9:30:49 PM GMT- IP address: 73.170.94.56 6© Document e-signed by Robert F. Epstein (rob. epstei n@cityofsanrafael.org) Signature Date: 2024-07-20 - 9:30:51 PM GMT - Time Source: server- IP address: 73.170.94.56 17y Document emailed to city.clerk@cityofsanrafael.org for approval 2024-07-20 - 9:30:52 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-07-22 - 3:27:55 PM GMT- IP address: 104.47.65.254 SAN 12AFAEL I Ado e� "''"1'A'St°" Acrobat Sign 6o Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi 2024-07-22 - 3:28:04 PM GMT- IP address: 199.88.113.8 do Document approved by Brenna Nurmi(city.clerk@cityofsanrafael.org) Approval Date: 2024-07-22 - 3:28:06 PM GMT - Time Source: server- IP address: 199.88.113.8 E'.► Document emailed to cristine.alilovich@cityofsanrafael.org for signature 2024-07-22 - 3:28:08 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-07-22-11:00:23 PM GMT- IP address: 104.47.65.254 6o Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-07-22-11:00:41 PM GMT- IP address: 199.88.113.8 &o Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-07-22-11:00:43 PM GMT - Time Source: server- IP address: 199.88.113.8 P. Document emailed to city.clerk@cityofsanrafael.org for signature 2024-07-22-11:00:45 PM GMT Email viewed by city.clerk@cityofsanrafael.org 2024-07-22 - 11:01:34 PM GMT- IP address: 104.47.64.254 b© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-07-22-11:01:49 PM GMT- IP address: 199.88.113.8 Ae Document e-signed by Brenna Nurmi (for)(city.clerk@cityofsanrafael.org) Signature Date: 2024-07-22 - 11:01:51 PM GMT - Time Source: server- IP address: 199.88.113.8 �i Agreement completed. 2024-07-22 - 11:01:51 PM GMT 'il]I" SAN RAFAEL Adobe by Acrobat Sign