1 THIRD MODIFICATION OF AGREEMENT NO. 108300 (CCS)
This Third Modification of Agreement Number 108300 (CCS) (“Third Modification”), entered into as of _________________ (“Execution Date”), by and between the City of Santa Monica, a municipal corporation (“City”), and HR&A Advisors, Inc. (“HR&A”) is made with reference to the following:
RECITALS
A. On or about September 23, 2020, the City and HR&A entered into Agreement Number 108300 (CCS) for professional services to support drafting and approval of the pending Housing Element update (“Original Agreement”).
B. On or about August 10, 2021, the City and HR&A entered into a First Modification of Agreement Number 108300 (CCS) (“First Modification”) for additional services and to extend the term of the contract. The Original Agreement and First Modification may be referred to collectively herein as “the Agreement.”
C. On or about July 14, 2022, the City and HR&A a Second Modification of Agreement Number 108300 (CCS) (“Second Modification”) for additional services and to extend the term of the contract. The Original Agreement, the First Modification, and the Second Modification may be referred to collectively herein as “the Agreement.” D. The City and HR&A desire to modify the Agreement to include additional services to be performed by HR&A and to increase the agreement price to pay for those additional services.
TERMS AND CONDITIONS
Now, therefore, the undersigned parties do hereby mutually agree to modify the Agreement as follows:
1. Section 2 of the Agreement entitled “HR&A Services” shall be modified by adding the following paragraph:
Additional Services to Prepare Report Required by Elections Code § 9212.
HR&A will perform and complete all of the additional services (“Additional Services”) described in and in accordance with Exhibit A-3, Additional Scope of Services.
2. Section 4 of the Agreement entitled “Compensation” shall be modified by adding the following paragraph:
Compensation. The City will compensate HR&A for the Additional Services described in Exhibit A-3 in an amount not to exceed $36,000, as set forth in Exhibit B-3. The total agreement price for services pursuant to the Original Agreement, the First Modification, the Second Modification, and this Third Modification shall not exceed $344,900.
3. Exhibits A-3 and B-3 are attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: D1B408F6-B572-4884-A072-69BB876C5546 8/8/2022
2 4. Execution in Counterparts. This Third Modification may be executed in counterparts with the same effect as if both parties hereto had executed the same document. All counterparts shall be construed together and shall constitute a single modification. Any signature to this Third Modification transmitted electronically through DocuSign or PDF shall be deemed an original signature and be binding upon the parties hereto (it being agreed that such electronic signature shall have the same force and effect as an original signature).
5. Except as expressly modified by this Third Modification, all other terms and conditions of the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Third Modification as of the date and year first written above.
ATTEST:
______________________________
DENISE ANDERSON-WARREN
City Clerk
APPROVED AS TO FORM:
______________________________
LANE DILG
City Attorney
CITY OF SANTA MONICA,
a municipal corporation
By: ______________________________
RICK COLE
City Manager
ABC Corporation
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By: _______________________________
DocuSign Envelope ID: D1B408F6-B572-4884-A072-69BB876C5546 City Attorney
8/6/2022
DOUGLAS SLOAN Paul Silvern
Paul J. Silvern, Vice President
HR&A Advisors, Inc.
8/6/2022
City Manager
David White
8/9/2022 8/8/2022
City Clerk
Denise Anderson-Warren
3 Exhibit A-3
Additional Scope of Services
Prepare a report, as described in Section 9212 of the California Elections Code, on the impact of the citizens’ initiative measure to Establish Added Funding For Homelessness Prevention, Affordable Housing, And Schools By Amending Santa Monica Municipal Code Chapter 6.96 To Provide A Third Tier Transfer Tax Rate For Property Transfers Of $8,000,000 Or More With An Eleven Member Resident Oversight Committee, seeking to qualify and be placed on the November 8, 2022 ballot. Per the elections code, the report could include any or all of the following items:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city’s general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.
(3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community’s ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. (8) Any other matters the legislative body requests to be in the report.
DocuSign Envelope ID: D1B408F6-B572-4884-A072-69BB876C5546 4 The report will include the following:
• A summary of the tax measure
• Background on Real Property Transfer Taxes in the City, other cities, and other ballot measures seeking to accomplish similar goals • Potential revenue estimates based on historical sales trends • Discussion of potential revenue uses and their impacts • Discussion of potential risks and impacts of such a tax measure on the local economy and on the City’s finances
The report will be completed in time to be presented to the City Council on July 26, 2022.
DocuSign Envelope ID: D1B408F6-B572-4884-A072-69BB876C5546 5 Exhibit B-3
Budget
HR&A Advisors, Inc. shall be compensated for all services as set forth in Exhibit A-3, Scope of Services, in an amount net to exceed $36,000. The total amount of compensation paid to HR&A Advisors, Inc. under the Agreement as modified by this Third Modification shall not exceed $344,900.
DocuSign Envelope ID: D1B408F6-B572-4884-A072-69BB876C5546