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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 P� RAF,q� 2 0 �i /TY WITH P�h 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 2024-10-30 - 10:01:09 PM GMT IL Document shared with Alexis Captanian(alexis.captanian@cityofsanrafael.org) by Nataly Torres (nataly.trres@cityofsanrafael.org) 2024-10-30 - 10:02:14 PM GMT- IP address: 199.88.113.8 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 2024-10-30 - 11:37:08 PM GMT 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 2024-10-30 - 11:38:40 PM GMT- IP address: 199.88.113.8 &SAN RAFAEL Ado Powered by Adobe Acrobat Sign 6© Document approved by Brenna Nurmi (city.clerk@cityofsanrafael.org) 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 2024-10-30 - 11:38:44 PM GMT Email viewed by cristine.alilovich@cityofsanrafael.org 2024-10-31 - 2:37:07 AM GMT- IP address: 104.47.64.254 6© Signer cristine.alilovich@cityofsanrafael.org entered name at signing as Cristine Alilovich 2024-10-31 - 2:37:28 AM GMT- IP address: 71.198.110.147 6© Document e-signed by Cristine Alilovich (cristine.alilovich@cityofsanrafael.org) Signature Date: 2024-10-31 - 2:37:30 AM GMT - Time Source: server- IF address: 71.198.110.147 Pw Document emailed to city.clerk@cityofsanrafael.org for signature 2024-10-31 - 2:37:32 AM GMT Email viewed by city. clerk@cityofsanrafael.org 2024-10-31 - 2:58:49 PM GMT- IP address: 104.47.64.254 6© Signer city.clerk@cityofsanrafael.org entered name at signing as Brenna Nurmi (for) 2024-10-31 - 2:59:09 PM GMT- IP address: 199.88.113.8 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 bY ""` Acrobat Sign