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HomeMy WebLinkAboutCED Strategic Residential Market Analysis Services; First AmendmentFIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
THE CONCORD GROUP, LLC FOR STRATEGIC RESIDENTIAL MARKET
ANALYSIS SERVICES
THIS FIRST AMENDMENT to the Professional Services Agreement by and between
the CITY OF SAN RAFAEL (hereinafter "CITY"), and THE CONCORD GROUP, LLC
(hereinafter "CONSULTANT"), is made and entered into as of Oct 30, 2024
1D1PP1TAT Q
WHEREAS, the CITY and CONSULTANT entered into a Professional Services
Agreement dated February 7, 2024 to perform professional services in connection with CITY'S
residential market opportunity analysis, for a fixed fee in the amount of $23,500 (the
"Agreement"); and
WHEREAS, CITY requires additional professional services from the CONSULTANT,
and the CONSULTANT is willing to provide such services.
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
1. Article I of the Agreement, entitled "SERVICES TO BE PROVIDED" is hereby
amended to include the additional services set forth in CONSULTANT's
proposal dated April 24, 2024, attached to this First Amendment as Exhibit A and
incorporated herein by reference.
2. Article II of the Agreement, entitled "COMPENSATION" is hereby amended to
include additional compensation payable to CONSULTANT for the services
described in Exhibit A to this First Amendment, on a fixed fee basis in
accordance with the Exhibit A, in an amount of $36,953.55, including
reimbursable expenses, and to change the total not -to -exceed amount under the
Agreement to $60,453.55.
3. Article III of the Agreement, entitled "TERM OF AGREEMENT" is hereby
amended, effective as of September 1, 2024, to extend the Agreement term by
three months, through December 31, 2024.
4. Except as specifically amended herein, all of the other provisions, terms and
obligations of the Agreement between the parties shall remain valid and shall be
in full force.
1
IN WITNESS WHEREOF, the parties have executed this First Amendment on the day,
month, and year first above written.
CITY OF SAN RAFAEL
CONSULTANT
Cris*}* Alllo✓ich Tiw Con1wed
Cristine Alilovich (Oct 30, 202419:37 PDT) By: Ti, C--11[Sep 27, 2024 OB:4 PDT)
CRISTINE ALILOVICH, City Manager
Name: Tim Cornwell
Title: Principal
ATTEST:
[If Contractor is a corporation, add signature
132at it/u�rhu'%le;� of second corporate officer]
Brenna Nurmi (for) (Oct 31, 202 :59 PDT)
LINDSAY LARA, City Clerk
By:
APPROVED AS TO FORM: Name:
lobekt T u tell Title:
Robert F. Epstein (Oct 30, 02416:37 PDT)
ROBERT F. EPSTEIN, City Attorney
2
April 24, 2024 CHANGE ORDER
Mr. Micah Hinkle 24100.00
CITY OF SAN RAFAEL
1400 Fifth Avenue
San Rafael, CA 94901
RE: ADDITIONAL CONSULTING FOR THE SAN RAFAEL, CALIFORNIA HOUSING
MARKET
Dear Micah:
Per our discussions, we are pleased to present this revised proposal -agreement for
professional services relative to the above project. We consider the following
scope of work and resulting fee schedule appropriate for the completion of this
engagement.
BACKGROUND, OBJECTIVES AND SCOPE OF WORK
We understand the City of San Rafael is evaluating housing policy across a variety
of neighborhoods. Specifically, you are seeking an evaluation of the impact of
OZ designation on the Canal neighborhood and historical data/future projections
on the demographic, structural and ownership characteristics of the Canal and
select other neighborhoods of the City.
Per our discussion, these nodes will include:
1. Canal District
2. Lincoln Area
3. West End
4. Downtown
5. Terra Linda/Northgate
6. Smith Ranch/ Las Gallinas
The Concord Group ("TCG") conducted a residential market opportunity analysis
for the City in late 2023. This scope is an added service to that contract.
In order to achieve the above objectives, TCG will complete additional consulting
for the City, including: (1) an evaluation of demographic/socieoeconomic profiles
in each region over time and the impact of the OZ designation; (2) comparisons
to City of San Rafael and other Mann County locations overall; (3) a review of
historical rent levels/prices pre/post OZ designation; and (4) a review of the
ownership of existing residential product in each neighborhood.
CITY OF SAN RAFAEL
24100
April 24, 2024
Page 2
TIME AND FEE SCHEDULE
The completion of the above scope of work through the working session will
require approximately four to five weeks and a $35,000 professional fee.
Please refer to the attached appendix for our billing arrangements.
To confirm your acceptance of the above agreement, please sign in the space
provided below and return one copy for our files as well as a 50% retainer, sent
to:
The Concord Group, LLC
140 Newport Center Drive, Suite 210
Newport Beach, CA 92660
Fax: (949) 717-6444
We look forward to the opportunity to work with you and your associates on this
project. Should you have any questions, please call.
Best regards,
AGREED AND APPROVED:
Entity:
Date:
Tim M. Cornwell
THE CONCORD GROUP, LLC Title:
Signature:
THE CONCORD GROUP, LLC
APPENDIX TO AGREEMENTS
A. RETAINER AND PAYMENT TERMS
Acceptance of the proposal is completed upon receipt of one executed copy for our files
and the specified retainer fee, which will be credited to the final statement(s). If we are not
in receipt of a fully executed copy within thirty (30) days from the date thereof, this proposal
shall be of no further force and effect and shall be deemed withdrawn.
All payments shall in United States Dollars. An initial payment of 50% shall be made upon
execution of this Agreement. This retainer will be credited to the outstanding balance on
the final invoice(s) submitted to Client. Please mail all payments to:
The Concord Group, LLC
140 Newport Center Drive, Suite 210
Newport Beach, California 92660
949-717-6450
Payments may also be made via wire. For wire instructions, please contact our office at
the number above.
For each monthly billing period, The Concord Group, LLC will submit invoices to Client for
services and expenses. Amounts invoiced will be in proportion to the services performed
during the preceding billing period and amounts invoiced for reimbursable expenses,
professional fees and additional services will be based on amounts incurred and services
performed through the invoice date.
Invoices are due and payable upon receipt. Interest at the rate of 1.5% per month will
accrue on all accounts not paid within thirty (30) days of the invoice receipt date and, in
addition, Client shall pay all costs and expenses, including without limitation, reasonable
attorney's fees and expenses incurred by The Concord Group, LLC in connection with the
collection of the overdue accounts of Client. The Concord Group, LLC retains the right to
halt work and the right to withhold delivery of the final reports and other work products
pending receipt of any overdue payments.
B. EXPENSES
Travel: Billed at cost plus handling charge of 7%with receipt backup provided, or a reduced
charge of 3.5% without backup. Travel expenses are incurred for field/site visits and client
meetings when applicable including mileage, out of pocket incidentals, meals, airfare,
hotel, and rental car/transportation.
C. ADDITIONAL SERVICES
In addition to the scope of work covered in this Agreement, we will be available for work
such as team meetings, planning and design review work; presentation to investors,
lenders and/or public agencies; periodic updating of reports; financial analysis, design
criteria, marketing plan; opinion research work; and other activities related to this project.
Additional services will be billed on the basis of professional time and expense based on
our normal hourly or per diem rate. Proposals for other services, indicating scope of work,
time and fee schedule, will be submitted upon request. Professional time for court
appearances, depositions and public hearings will be billed at 150% of the prevailing
hourly rates.
D. CLIENT'S RESPONSIBILITIES
Client agrees to provide full, reliable information regarding its requirements for the Project
and, at its expense, shall furnish the information, surveys and reports, if any. In addition,
Client agrees to provide, at its expense and in a timely manner, the cooperation of its
personnel and such additional information with respect to the Project as may be required
from time to time, to be provided by Client for the performance of The Concord Group,
LLC's work.
E. TERMINATION
This Agreement may be terminated by either Client or The Concord Group, LLC by giving
written notice. In the event of such termination, Client shall pay The Concord Group, LLC
for services and reimbursable expenses performed or incurred to the termination date.
F. USE OF DOCUMENTS
It is understood by The Concord Group, LLC that the findings from this assignment
("Report") are the proprietary property of the Client. It is agreed by the Client that the
Report, unless specifically designated by The Concord Group, LLC as an internal
document, will be presented to third parties only in its entirety and that no abstracting of
the Report will be made without first obtaining the permission of The Concord Group, LLC.
It is further agreed by Client that the Report is not to be used in conjunction with any public
or private offering of debt or equity securities without The Concord Group, LLC's prior
written consent. The Client agrees to indemnify The Concord Group, LLC against any
losses, claims damage and liabilities under Federal and State securities laws which may
arise as a result of statements or omissions in public or private offering of securities.
G. GENERAL LIMITING CONDITIONS
It is understood by the Client that The Concord Group, LLC can make no guarantees
concerning the recommendations which will result from the proposed assignments, since
these recommendations must be based upon facts discovered by The Concord Group, LLC
during the course of the study and those conditions existing as of the date of the Report.
H. ARBITRATION
Any disputes, claims or other matters arising out of or relating to this Agreement or the
breach hereof shall be settled by arbitration in California, in accordance with the Rules of
the American Arbitration Association and judgment upon the award rendered by the
arbitrators may be entered into any court having jurisdiction thereof. In the event of any
arbitration or other legal proceedings pertaining to this Agreement, including the
enforcement of any arbitration award, the prevailing party shall be entitled to recover all
legal expenses including reasonable attorney's fees.
MISCELLANEOUS
By executing the proposal -Agreement for this assignment, Client and The Concord Group,
LLC each bind itself and its successors and assigns to this Agreement. Neither Client nor
The Concord Group, LLC shall assign or transfer its interest in this Agreement without the
written consent of the other.
This Agreement represents the entire Agreement between Client and The Concord Group,
LLC. This Agreement may be amended only by writing, signed by both Client and The
Concord Group, LLC
This Agreement shall be governed by California law.
The Concord Group 1st Amendment (v2) with
Scope
Final Audit Report 2024-09-27
Created: 2024-09-27
By: Alexis Captanian (alexis.captanian@cityofsanrafael.org)
Status: Signed
Transaction ID: CBJCHBCAABAA91BQgQ3UpU7R02Ed_GyVoEV6bTmcd5QG
"The Concord Group 1st Amendment (v2) with Scope" History
Document created by Alexis Captanian (alexis.captanian@cityofsanrafael.org)
2024-09-27 - 3:23:28 PM GMT
E'y Document emailed to Tim Cornwell (tmc@theconcordgroup.com) for signature
2024-09-27 - 3:23:33 PM GMT
Email viewed by Tim Cornwell (tmc@theconcordgroup.com)
2024-09-27 - 3:54:13 PM GMT
6© Document e-signed by Tim Cornwell (tmc@theconcordgroup.com)
Signature Date: 2024-09-27 - 3:54:32 PM GMT - Time Source: server
® Agreement completed.
2024-09-27 - 3:54:32 PM GMT
a Adobe Acrobat Sign
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2
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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: CED
Project Manager: Micah Hinkle Extension: 3460
Contractor Name: The Concord Group
Contractor's Contact: Tim M Cornwell Contact's Email: tmc@theconcordgroup.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
Click here to
❑
enter a date.
b. Email contract (in Word) and attachments to City
5/1/2024
❑X MG
Attorney c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
5/6/2024
® NT
and return to Project Manager
b. Confirm insurance requirements, create Job on
5/6/2024
❑X NT
PINS, send PINS insurance notice to contractor
3
Department Director
Approval of final agreement form to send to
5/9/2024
® MH
contractor
Forward three (3) originals of final agreement to
4
Project Manager
5/9/2024
® AC
contractor for their signature
Project Manager
® N/A
5
When necessary, contractor -signed agreement
agendized for City Council approval *
*City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
9/26/24
AC
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
9
City Manager / Mayor
Agreement executed by City Council authorized
official
10
City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager
First Amendment - The Concord Group -
Strategic Residential Market Analysis
Final Audit Report 2024-10-31
Created: 2024-10-30
By: Nataly Torres (nataly.torres@cityofsanrafael.org)
Status: Signed
Transaction ID: CBJCHBCAABAAvjllgJZicOupXuxGGPjE2-VmSCNZh1Tv
"First Amendment - The Concord Group - Strategic Residential
Market Analysis" History
Document created by Nataly Torres (nataly.torres@cityofsanrafael.org)
2024-10-30 - 9:58:44 PM GMT- IP address: 199.88.113.8
P- 4 Document emailed to rob.epstein@cityofsanrafael.org for signature
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IL Document shared with Alexis Captanian(alexis.captanian@cityofsanrafael.org) by Nataly Torres
(nataly.trres@cityofsanrafael.org)
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Email viewed by rob.epstein@cityofsanrafael.org
2024-10-30 - 11:36:47 PM GMT- IP address: 24.5.134.43
Signer rob.epstein@cityofsanrafael.org entered name at signing as Robert F. Epstein
2024-10-30 - 11:37:04 PM GMT- IF address: 24.5.134.43
&0 Document e-signed by Robert F. Epstein(rob.epstein@cityofsanrafael.org)
Signature Date: 2024-10-30 - 11:37:06 PM GMT - Time Source: server- IP address: 24.5.134.43
�y Document emailed to city.clerk@cityofsanrafael.org for approval
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Email viewed by city.clerk@cityofsanrafael.org
2024-10-30 - 11:38:32 PM GMT- IP address: 104.47.65.254
60 Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi
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&SAN RAFAEL Ado Powered by
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Approval Date: 2024-10-30 - 11:38:42 PM GMT - Time Source: server- IP address: 199.88.113.8
Cy Document emailed to cristine.alilovich@cityofsanrafael.org for signature
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6© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich
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6© Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org)
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6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for)
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6a Document e-signed by Brenna Nurmi (for) (city.clerk@cityofsanrafael.org)
Signature Date: 2024-10-31 - 2:59:11 PM GMT - Time Source: server- IP address: 199.88.113.8
0 Agreement completed.
2024-10-31 - 2:59:11 PM GMT
SAN RAFAEL I Adobe
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