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06-041, Kirk Heinrichs AGREEMENT ot - Oi-j'/ CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NO. 32296 BY THIS AGREEMENT, made and entered into this 2nd day of June, 2006. by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Kirk Heinrichs (2) Address: 79 n First atree~ City: Campbell Zip: 95008 Phone: (408) 8662110' 37/1' Il2/ (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties 'hereto agree as follows: Jill j.,1Jve.u ~ CONTRACTOR shall provide or furnish the following specified services and/or materials: Planning services. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: TERMS: The services and/or materials furnished under this Agreement shall commence on June 2. 2006 and shall be completed before December 2. 2006 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Shall not exceed Not to exceed $20,000.00 GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Ciddy Wordell DEPARTMENT PlanninQ Department This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CITY OF CUPERTINO: By: Ciddy Wordell Title: City Planner EXPENDITURE DISTRIBUTION 110-7302-7014 $20,000.00 City of Cupertino Redevelopment Agency AB 1290 Five Year Implementation Plan 2006 - 2010 Proposal Task To prepare for the City of Cupertino Redevelopment Agency its Five Year Implementation Plan as required in compliance with Health and Safety Code Section 33490 under California Redevelopment Law. Scope of Work Redevelopment Proqrams (Non-Housinq) The contract shall provide contents to include an Introduction and Discussion of accomplishments during the initial five years of the Project Area and all statutory elements including: ~ Specific goals and objectives for the next five years. ~ Specific programs, including potential projects and estimated expenditures planned for the next five years. ~ An explanation of how the goals, objectives, projects and expenditures will eliminate blight. ~ An explanation of how the goals, objectives, projects and expenditures will implement the low and moderate income housing set-aside and housing production requirements set forth in Health and Safety Code Sections 33334.2, 33334.4, 33334.6, and 33413 under California Redevelopment Law. Housinq Production Reauirements This section will have to be expanded significantly since the Agency is now proposing housing in the Project Area. This section will include: ~ Estimates of the number of new dwelling units to be developed within the Project Area to meet the Agency's Project Area Housing Production obligation, both over the life of the Plan and during the next ten years. ~ Estimates of the number of dwelling units of extremely low, (as required under the settlement agreement) very low, low, and moderate income housing required to be developed within the Project Area to meet the Agency's Housing Production requirement over the life of the redevelopment plan and over the next ten years. Housina Fund Taraetina Reauirements Beginning January 1, 2006, agencies are required to spend their Housing Funds over each ten year compliance period of the Housing Production Plan to assist persons regardless of age in at least the same proportion as the numbers of low income households in the community with a member under age 65 bears to the total number of low income households in the community, as reported in the most recent census. This was intended to address those communities who were creating only senior housing to meet their housing production requirements. This section will include ~ A description of how the Agency will meet its Housing Fund targeting requirements over a ten year period. ~ Identification of the number of housing units needed for very low, low and moderate income persons as those needs have been identified in the most recent ABAG housing needs allocation report. ~ The amount of expenditures from the Housing Fund for each income group during the Implementation Plan period. ~ A detailed discussion of how the Agency used its Housing Funds during the previous five year implementation period. Housina Fund Expenditures Redevelopment Law requires Agencies to set aside no less than 20% (in Cupertino's case 25% pursuant to the Settlement Agreement) of their gross Tax Increment collected, and those funds must be expended in a timely manner to improve, increase and preserve the community's supply of affordable housing. The contract will include ~ A description of the Agency's proposed affordable housing program for the next five years with estimates of the number of new, rehabilitated or price restricted units that will be assisted by the Agency during the Implementation Plan period both within and outside the Project Area, and estimates of the year-by-year expenditures of the Agency from the Housing Fund. Settlement Aareement ReQuirements The Cupertino Redevelopment Agency has more stringent housing requirements beyond those required under redevelopment law pursuant to a settlement agreement entered into on January 29, 2002. I am recommending that an additional section be incorporated into the Implementation Plan acknowledging the terms of the agreement and indicating that the Agency intends to be in compliance with the agreement. More specifically, the Plan will demonstrate that the Agency; ~ Is setting aside 25% of it annual gross tax increment (rather than 20% as required under CRL) into the Housing Set-Aside Fund. ~ Will spend 20% of its Housing Set-Aside Fund to provide housing affordable to extremely low income persons (those persons or households earning less than 30% of area median income). There is no such requirement under CRL. ~ Will provide five affordable housing units for each 100,000 square feet of non-residential area added within the Project Area with financial assistance from the Agency. ~ Will satisfy specified requirements for leveraging the use of Housing Fund monies, providing affordable housing monitoring reports to the Plaintiff's legal representative, and including certain provisions in agreements for the affordable rental units. Duties of Aaencv In order to complete the task, the Agency will need to furnish me with a number. of documents including: . The Agency's Redevelopment Plan (Ordinance #1850 adopted 8/21/2000 . The City's Housing Element . City's Inclusionary Ordinance . A description of the Agency's/City's affordable housing programs . A list of affordable housing units created since adoption of the Redevelopment Plan, by income category (extremely low, very low, low, moderate) . A copy of ABAG's housing goals for the City of Cupertino . Current balance in the Housing Set-Aside Fund . Housing Fund Financial report illustrating projected revenues for the next five years on a year to year basis. . Redevelopment Fund Financial Report illustrating net revenues (net pass through obligations, debt obligations and County admin fees) that would be available for projects. Staff Meetinas It is anticipated that staff will need to be available for one to two meetings to discuss redevelopment goals and objectives, proposed programs, housing programs, etc. However, I will make myself available for more meetings if necessary. Public Hearina Redevelopment Law requires that a duly noticed public hearing be conducted by the Agency Board and that the Plan be adopted by resolution. I can provide you with the proper noticing requirements. I will be available at the public hearing if necessary. Fee $20,000 flat fee to be paid upon completion of the Plan. Schedule Week 1: Meet with Staff to: . Discuss accomplishments during the first five year period of the Implementation Plan including housing and non-housing achievements. . Identify programs that have been or will be initiated to help facilitate redevelopment in the Project Area . Identify affordable housing programs in effect or planned . Discuss plans as to how the Agency intends to expend their Housing Set- Aside Funds. Week 4: . Have Draft Plan delivered for Staff review. It is advisable that the Agency have legal counsel review. I will make any revisions as directed by legal counsel. Upon receipt of draft comments, changes will be completed within one week.