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Home My Public Portal AboutC-20-070 - RSG, Inc., Affordable Housing Compliance Monitoring, Amendment No. 1L AMENDMENT NO.1 TO AGREEMENT FOR CONTRACT SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES ("Amendment") by and between the CITY OF CARSON HOUSING AUTHORITY, a public v body formed under the California Housing Authorities Law (Health and Safety Code Sections 34200 et seq.) ("Authority"), and R1=020. nia corporation ("Consultant"), is entered into effective as of the day of RECITALS A. Authority and Consultant entered into that certain Agreement for Contract Services dated July 1, 2020 ("Agreement") whereby Consultant agreed to provide Authority affordable housing compliance monitoring and other related ancillary services ("Services") for eight (8) multifamily apartment projects. B. Three (3) new affordable housing projects, commonly known as Veteran's Village, Bella Vita and Carson Arts Colony (collectively, the "New Housing Projects"), were completed since Authority and Consultant entered into the Agreement, and now the parties seek to expand the Scope of Services for Consultant to provide Services for the New Housing Projects. C. In connection with such expanded Services, the Contract Sum will be increased from a not to exceed amount of $65,420 to $78,890, which will be broken down into an additional $4,260 for the first year of the three (3) year Agreement term, and $4,605 for each of the second and third years of the term, for an annual total not to exceed amount of $24,640 for the first year and $27,125 for each of the second and third years. TERMS I. Contract Changes. The Agreement is amended as provided herein (new text in bold italics and deleted text in strikethr-eugh). A. Section 2.I, "Contract Sum," of the Agreement is hereby amended to read in its entirety as follows: "Subject to any limitations set forth in this Agreement, Authority agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy Eight Thousand Eight Hundred Ninety Sig rand F,..,. Hundred Twenty Dollars ($78,890963;420) (the "Contract Sum"), broken down into a not to exceed amount of Twenty Four Thousand Six Hundred Forty Twenty he ria T -h fee 14tmd.ea E:..�,«., DoIlars ($24,640&20 -,MG) for the first za year of the term and a not to exceed amount of Twenty Seven Thousand One Hundred Twenty Five Dollars ($27,1259) per year for the second and third years of the term, unless _I. 01007.00161676560.1 additional compensation is approved pursuant to Section 1.8. In the event Authority exercises one or both of its options to extend the Agreement pursuant to Section 3.4, the compensation for each such one-year extension period shall not exceed Tiventy Seven Thousand One Hundred Twenty Five Twenty Trwe Dollars ($27,1259) per year, unless additional compensation is approved pursuant to Section 1.8. B. The first paragraph of Section I of Exhibit "A" of the Agreement, "Scope of Services," is hereby amended to read in its entirety as follows: "Compliance Monitoring -- Affordable Housing Compliance Monitoring Services for eleven (11) eight (8) multifamily apartment projects: 61 -unit Carson Terrace, 91 -unit Avalon Courtyard, I49 -unit Villaggio I and II, 40 -unit Arbor Green, 85 -unit The Gateway, and I05 -unit Via 425 Phase I and II Apartments, 50 -unit Veteran's Village, 65 -unit Bella Vita, and 46 -unit Carson Arts Colony. Monitoring services shall include rental increase requests, residual receipt payments, agreement analysis, and any other task that may be requested by the Housing Authority. Ensure compliance related to Federal and State regulations. In particular, ensure compliance with the annual reporting requirements, as well as other project funding sources, and ensure that required deposits are made into the project's operating and capital reserve accounts pursuant to the controlling documents. The compliance monitoring services would be specific to requirements in each agreement as it relates to each of the projects." C. Exhibit "C" of the Agreement, "Schedule of Compensation," is hereby replaced in its entirety with Exhibit "C" of this Amendment, attached hereto and incorporated herein by this reference. 2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no -2 - W oo7 0016/676560.1 events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. 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 Amendment. 5. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] -3- 01007.00[61676560.1 IN W WEUEE"F dbc pafirs bm= himc A ea the ECIC mda. � p COY OE CARSOK� T T r ATTESTf\� -r APPROVED AS TO FORbE ALESHIRE & WYMER, UP S W K. Som City AM=ey (0) CONSULTANT: RSG INC., a Caalifim iia cagw atkm qn,& C, m Maw Tara E Ams Vitx Pnmmk tit & TtemnTr 7 ?N- n Simonncipal & Ptesi� Address: 17872 Gillette Ave., Suite 350 Irvine, CA 92614 Two empoMte officer sigmtmm regnbvd wfua Comaltant is a earporation, with me segaattue required from each or the ronowfng gmgw 1) Chairman or the Board, Preddent or any rue President; and 2) Secsemq, my Assbum Secretary, Cher Financial Officer or any Assestant Tnum ra. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTI'T'Y. _4_ o1M7.0016*706&1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first -above written. ATTEST: Donesia Gause-Aldana, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney (IJI) CITY: CITY OF CARSON, a municipal corporation Albert Robles, Mayor CONSULTANT: RSG INC., a California�/corporation �(�� 4, 0 t I T J(�_ Name. Tara E. Matthews UderPrincimrl Vice President & Treasurer N e: Jim Simon Tit e: Principal & President Address: I7872 Gillette Ave., Suite 350 Irvine, CA 92614 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. �- 01007.4016l676560.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT IA notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2020 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herrtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. 01007-00161676560.1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01007-00161676560.1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I A notary public or other officer completing this certificate verifies only the identity of the individual who signed I the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2020 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by histheritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01007.0016/676560.1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN NAMED ABOVE EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall establish a Task Budget for each Task identifying the subtasks, based on the time and rates of the personnel performing the subtasks, and itemizing all materials and equipment utilized and the costs thereof. If payment is to be made other than at completion of the services, then the phases of the performance and percentage of payment due shall also be shown in the Task Proposal. Consultant does not charge for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, Consultant does charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. Consultant also charges 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. II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. NOT APPLICABLE III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub -budget to another so long as the 01007.00161676560.1 CARSON HOUSING AUTHORITY AFFORDABLE HOUSING PROGRAM COMPLIANCE MONITORING Staffing Position Hourly Rate Principal/ Director $235 Senior Associate $180 Associate $160 Senior Analyst $135 Analyst $125 Total Hours Total Cost Estimated Hours by Activity Monitoring Compliance Activities Tenant File Recertification & Reporting 4 1 0 0 5 60 79 $10,465 Project Forms Notification & ReVew 2 0 0 21 43 66 $8,680 Residual Receipt Financial Analysis Reporting 2 11 1.0 10 10 44 $5,508 Monitoring Compliance - Subtotal First Year (with COVID discounted rate) 8 12 10 46 113 189 $24,640 Staffing Position Hourly Rate Principal! Director $275 Senior Associate $200 Associate $185 Senior Analyst $150 Analyst $135 Total Hours Total Cost Tenant File Recertification & Reporting 4 0 0 15 60 79 $11,450 Project Forms Notification & Review 2 0 0 21 43 66 $9,505 Residual Receipt Financial Analysis Reporting 2 12 10 10 10 44 $6,173 Monitoring Compliance -Subtotal Second Year a 12 10 46 113 189 $27,125 Tenant File Recertification & Reporting 4 0 0 15 60 79 $11,450 Project Forms Notification & Review 2 0 0 21 43 fib $9,505 Residual Receipt Financial Analysis Reporting 2 12 10 1 10 10 44 $6,173 Monitoring Compliance - Subtotal Third Year 8 12 10 46 113 189 1 $27,125 TOTAL FOR FY 2020121- FY 2023/24 $78,890 Consultant does not charge for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, Consultant does charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. Consultant also charges 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. II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. NOT APPLICABLE III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub -budget to another so long as the 01007.00161676560.1 Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. IV. The Housing Authority will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $78,890 $65,420 as provided in Section 2.1 of this Agreement. VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1. 01007.0016!676560. i EXHIBIT C-1 BILLING RATES Initial Year service cost estimates, including a COVID discounted rate, is based on the following schedule of compensation: Principal Senior Associate Associate Senior Analyst Analyst Research Assistant Reimbursable Expenses $ 235 $ 180 $ 160 $ 135 $ I25 $ 110 Cost plus 10% Subsequent year service cost estimates are based on the following 2020 schedule of compensation: Principal Senior Associate Associate Senior Analyst Analyst Research Assistant Reimbursable Expenses 01007.0016/676560.1 $ 275 $ 200 $ 185 $ 150 $ 135 $ 125 Cost plus 10% 0 A� V CERTIFICATE OF LIABILITY INSURANCE TE �32/2oaztrn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLOWL IMPORTANT, If the cortificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not Confer rights to the certificate holder In lieu of such ondarsement(s). PRODUCER The Empire Company 550 North Park Center Drive Suits 205 Santa Ana CA 92705 Erica Hornaday PHONE 41AXCAIC Y. Fall. N„ AIL ADDRESS,shornaday@empire-ca.cam INSURERIS1 AFFORMO COVERAGE N= a INSURERA:Sentine2 Insurance CompanV, LTD 11000 INSURED PSG, Inc. 17872 Gillette Ave., Suite 350 Irvine CA 92614 INSURER B: Trumbull Insurance Compmy 27120 wsuam c:Ar onaut Insurance CgMany 19801 WSURERD: INSURER E: INsuitERr! COVERAGES CERTIFICATE NUMBER:2020/21 Tdpdt Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTTAR TYPE OF INSURANCE WOLn VArn POLICY NUMBER Mugoory"vi immlooryrrn Limbs 7/13/2020 X COMMERCKLGENERALLIASILUY EACH OCCURRENCE f 1,000,000 CLAIMS -MADE X occuA WyEr- 1,000,000A y MED EXP IA,rY ON penanl f 10,000 72S&W7019 1/1/2070 1/1/2021 PERSONAL A AOVTN.'URY S 1,000,000 GENlAGGREGATELIMIT APPLIES PER GENERALAGOAEGATE S 2,000,000 X POLICY EC'T LOC PRODVCT9-COMP"OP AGO S 2,000,000 S OTHER AUTOMOBULIABRrTYIN SINOLELIMI S 1,000,000 as n 80DILY INJURY (Pit rPerm) S A ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS 729aAA07-'29 L-1.2020 1J1/2021 BODILY INJURY (Pnm ad■nt) S PROPERTY OAWIGE S NON-V'ME6 X HIREDAUTOS X AUTOS'P'r■ 2 UMBRELLALIAB OCCUR HOLAWS-MADE EACH OCCURRENCE S 21000,000 AGGREGATE 1 S 2,000,000 A EXCESS LLA8 DEQ I X I RETENTION S 10.000 I 72BaAAQ70 t. 1 1 2c 27- 1/1/2021 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN XrA EQ =0 ELL EACH ACCIDENT S 1.000.000 ANTYPROPRIETOR?ARTNERIVECUTNE OFFB (Maaedatoryin EREXGLUDED7 (Mandatory ►�) NIA 721E Vx9 2 1 1 2 :1/702. E.l.CtSEASE - EA EMPLOYES S 11000,000 If Yes desa*s ,surer OESGRIP=NOFOPERATICUSbola.. E.L. DISEASE -POLICY LIMIT S 1,000.000 C Professional :aability 12:FV. 1,.75Ls 3 1 2 2 3 1 2021 E■d:CLeh 2,000,000 Claim !lade D.dxur■ 10,000 DESCRIPTION Of OPERATION! 1 LOCATIONS i VEHICLES IACORO 101, AddlOmul Remarks Schedule may be attached U more space Is nqulr■d) City of Careen Housing authority and the City of Carson, its respective elected and appointed officers, directors, officials, employees. agents and volunteers are named as additional insured and waiver of subrogation w1.th respect to general liability per form IB12001185 attached. Prima -y non-contributory is applied to General Liability per fora 9900080405 attached as required by written contract. Waiver of subrogation applied to Workers Compensation per form WC040306 attached as required by written Contract. CERTIFICATE HOLDER CANCELLATION (310)830-2471 SGeschQcarson.ca.us i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE r_�� City of Carson Housing Au /1FP e THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN and the City of Carson ACCORDANCE WITH THE POLICY PROVISIONS. 701 E. Carson Street AWROAM1IMPAESENTAnVE Carson, CA 90745 7/13/2020 1 ,p� ACORD 25 (2044101) WS025 231- . ® 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo ars registered marks of ACORD