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SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
RINCON CONSULTANTS, INC.
(COMMUNITY DEVELOPMENT AND HOUSING CONSULTING)
1. PARTIES AND DATE.
This Second Amendment to the Professional Services Agreement (“Second Amendment”) is made and entered into this 3rd day of August, 2022 by and between the City of Corona (“City”) and Rincon Consultants, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated on or about September 16, 2020 (“Agreement”), whereby Consultant agreed to provide community development and housing consultant services.
2.2 Prior Amendments. City and Consultant entered into that certain First Amendment to the Professional Services Agreement on or about February 22, 2022 (“First Amendment”).
2.3 Amendment. City and Consultant desire to amend the Agreement for the second time to (1) extend the Term of the Agreement through January 31, 2023; (2) increase the Compensation by $25,000; and (3) replace three exhibits.
3. TERMS.
3.1 Term. Section 3.1.2 (Term) of the Agreement, as amended by the First Amendment, is hereby deleted in its entirety, and replaced with the following:
“3.1.2 Term. The term of this Agreement shall be from September 16, 2020 to January 31, 2023 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”). The terms “Term” and “Renewal Term” may sometimes be generally and collectively referred to as “Term” in this Agreement.”
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3.2 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) and Exhibit “C-1” (Compensation) of the Agreement, as amended by the First Amendment, are hereby deleted in their entirety and replaced with the following:
“3.3.1 Rates & Total Compensation. Consultant shall receive compensation including authorized reimbursements, for all Services rendered under this Agreement at the rates set for in Exhibit “C-2” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed One Hundred Ninety-One Thousand Eight Hundred Ninety-Five Dollars ($191,895) (“Total Compensation”) without written approval of the City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Exhibit “A-2”. Exhibit “A-1” (Scope of Services) of the Agreement, as amended by the First Amendment, is hereby deleted in its entirety and replaced with Exhibit “A-2” (Scope of Services) attached hereto and incorporated herein by reference.
3.4 Exhibit “B-2”. Exhibit “B-1” (Schedule of Services) of the Agreement, as amended by the First Amendment, is hereby deleted in its entirety and replaced with Exhibit “B2” (Schedule of Services) attached hereto and incorporated herein by reference.
3.5 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
3.6 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.
3.7 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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CITY’S SIGNATURE PAGE FOR
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
RINCON CONSULTANTS, INC.
(COMMUNITY DEVELOPMENT AND HOUSING CONSULTING)
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
a California municipal corporation
By: _________________________
Joanne Coletta
Planning and Development Director
Reviewed By: _________________________
Scott Briggs
Acting Purchasing Manager
Attest: _________________________
Sylvia Edwards, City Clerk
City of Corona, California
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CONSULTANT’S SIGNATURE PAGE FOR
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
RINCON CONSULTANTS, INC.
(COMMUNITY DEVELOPMENT AND HOUSING CONSULTING)
IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
RINCON CONSULTANTS, INC
a California corporation
By: _________________________
Jennifer Haddow
Vice President
By: _________________________
Richard Daulton
Secretary
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EXHIBIT "A-2"
SCOPE OF SERVICES
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ADD SERVICE 1 & 2
Additional staff time and costs associated with responding to February 3, 2022, comment letter from the State Housing and Community Development Department (HCD) for the adopted Corona Housing Element.
Amendment to Task 10
Article I. HCD Review
Consultant will address all HCD comments and prepare a revised draft Housing Element Update.
This task includes two hours of virtual meetings with City staff to address comments that require local knowledge and City feedback. Consultant will coordinate with HCD staff for clarification and guidance as needed. Consultant will work closely with HCD and City to ensure that the Housing Element meets State requirements.
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Section 1.01 Deliverable
Revised Draft of the Housing Element Update (clean and track changed MS Word and PDF files)
Article II. Readoption of Housing Element Update
Consultant will attend one public hearing, if required to re-adoption of the Housing Element. If requested by City, Consultant will make a presentation summarizing HCD’s comments and proposed revisions. Consultant can attend additional hearings in accordance with its approved fee schedule.
Section 2.01 Deliverables
Attendance and presentation support at one public hearing Final Adopted Housing Element Update (clean and track changed MS Word and PDF files) Article III. HCD Submittal
After adoption, the Housing Element Update must be submitted to HCD for final review.
Consultant will submit hard copy and electronic files of the adopted Housing Element Update to HCD.
Section 3.01 Deliverables
One hard copy Housing Element shipped to HCD
Final Adopted Housing Element Update (Clean and track changed PDF files) emailed to HCD
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EXHIBIT "B-2"
SCHEDULE OF SERVICES
Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines.
ADD SERVICE 1:
Agreement Term extended through September 30, 2022.
ADD SERVICE 2:
Agreement Term extension through January 31, 2023 to complete all services.
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EXHIBIT "C-2"
COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in this Exhibit “C-2”.
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ADD SERVICE 1:
Task Approved Budget Proposed Cost Estimate Difference
10 HCD Review $5,660 $20,660 +$15,000
Project total $151,723 $166,723 +$15,000
ADD SERVICE 2:
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