1 FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PLEASANT HILL AND RSG, INC.
This First Amendment to the Agreement for Professional Services between the City of Pleasant Hill and RSG, Inc., is made on April 5, 2022 by and between the City of Pleasant Hill ("City") and RSG, Inc. ("Consultant").
1. Section 1, Scope of Services, is hereby amended to:
a. Add the following four new tasks to Exhibit A, RSG Scope of Services and Schedule of Charges, Affordable Housing Services and remove existing Task 7, “Other tasks as may be assigned by staff ”:
• Assist with resolving non-compliance at two properties and assist with compliance monitoring at one new property (The Post acquired by Novin Development). • Assist with the SAHA construction loan.
• Perform due diligence on two Habitat for Humanity projects. • Other housing-related tasks as needed, such as review middle-income housing proposals.
b. Increase the Year 2 (FY 2021/22) Affordable Housing Budget from $25,000 to $37,500 to accommodate the new tasks above.
c. Increase the Year 3 (FY 2022/23) Affordable Housing Budget from $15,000 to $30,000 to reflect accurate costs of the existing scope of service in addition to the additional costs of the new tasks above.
2. Section 2, Compensation, is hereby amended in its entirety to read as follows:
“Compensation to Consultant to be paid to Consultant shall be in accordance with the Schedule of Charges Set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $163,500 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.”
3. All other provisions of the Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have caused this First Amendment to the Agreement for Professional Services to be executed on the date first written above.
CITY OF PLEASANT HILL: CONSULTANT:
__________________________ By (signature):
June W. Catalano, City Manager Name/Title: Jim Simon/Principal Business License #: 0000041411
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Janet E. Coleson, City Attorney Danielle K. Habr, City Clerk 2 EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE OF CHARGES
AFFORDABLE HOUSING SERVICES
1. Assistance on the underwriting, preparation, consideration, and oversight of a proposed disposition and development agreement with Habitat for Humanity for development of 85 Woodsworth Lane. City Council consideration to occur in FY 2020-21 and, if approved, construction anticipated to obtain entitlements by July 2023.
2. Assistance on the underwriting, preparation, consideration, and oversight of a proposed affordable housing agreement with Habitat for Humanity for the development of 250 Cleaveland Road. City Council consideration to occur in FY 2020-21 and, if approved, construction anticipated to obtain entitlements by July 2023.
3. Assistance with underwriting, preparation, and consideration of a request for gap financing for a senior housing project with Satellite Affordable Housing Associates (“SAHA”) (Choice in Aging (“CiA”) site) at 490 Golf Course Road. City Council consideration of gap financing anticipated to occur before July 2023.
4. Ongoing annual reporting services of the City as housing successor to the former redevelopment agency, including the annual housing expenditure report due April 1.
5. Preparation of staff reports and resolutions as required for the above activities.
6. Compliance monitoring of 716 Stubbs Road (Upper Unit of Triplex), Garden Park Apartments, Grayson Creek Apartments, Hookston Manor Senior Apartments, Iron Horse Apartments (aka Lincoln Green Apartments), Villa Montanaro Apartments, and one Homeownership Unit by desk review.
7. Assist with resolving non-compliance at two properties and assist with compliance monitoring at one new property (The Post acquired by Novin Development).
8. Assist with the execution and monitoring of the SAHA construction loan.
9. Perform due diligence on two Habitat for Humanity projects.
10. Other housing-related tasks as needed, such as review middle-income housing proposals.
SUCCESSOR AGENCY SERVICES
1. Preparation of three annual Prior Period Adjustments (“PPAs”) due in October 1, beginning with PPA for FY 2018-19 due October 1, 2020.
2. Preparation of three annual Recognized Obligation Payment Schedules (“ROPS”) (due February 1 of each year) beginning with ROPS 2021-22 due February 1, 2021, and transmittal to staff, the Oversight Board, and finally the Department of Finance), including a review and analysis on suggested next steps.
3. Respond to technical and factual inquiries from staff, the Oversight Board, the Department of Finance, and the County Auditor-Controller.
3 4. Computation and assistance with RPTTF (reimbursement) payments to DPH Noteholder LLC (Downtown Pleasant Hill), Beaufort Partners LP (Kohl’s), and PH Holdings (Friedman’s).
5. Preparation of staff reports, resolutions, policy documents, and other supporting materials, as necessary, for Oversight Board and Successor Agency meetings.
6. Other Successor Agency items as directed by staff.
Fee Proposal, Billing Rates, and Invoices:
Based on the forgoing and assumed implementation schedule, RSG is proposing a 3-year budget as shown below:
Item Year 1
(2020/2021)
Year 2
(2021/2022)
Year 3
(2022/2023)
TOTAL
Affordable Housing $36,000 $37,500 $30,000 $103,500
Successor Agency $20,000 $20,000 $20,000 $60,000
TOTAL $56,000 $57,500 $50,000 $163,500
Billing Rate Schedule
Principal / Director $235
Senior Associate $180
Associate $160
Senior Analyst $135
Analyst $125
Research Assistant $110
Technician $80
Clerical $60
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies.
However, we do charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five copies. These costs are charged back at the actual expense plus a 10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.
Invoices identify tasks completed to date, hours expended, and the hourly rate.