2022/06/28 City Council Resolution 2022-076 RESOLUTION NO. 2022-076
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A MASTER AGREEMENT FOR CONSULTANT SERVICES AND TASK
ORDER 2022-01 WITH RSG INC. FOR REAL ESTATE ADVISORY SERVICES FOR
THE DOWNTOWN PROJECT
WHEREAS; the City owns the approximately 30-acre property at 6400 State Farm Drive
and requires a real estate market study of allowable uses, development feasibility study, and
other related services in support of the downtown Rohnert Park initiative; and;
WHEREAS, consistent with the City's Purchasing Policy, RSG, Inc. has demonstrated
both the qualifications and the capacity to assist the City and pursuant to Section 3.6 of the City's
Purchasing Policy, has provided a proposal and negotiated the scope of services and budget with
staff, and
WHEREAS, the City now desires to enter into a Master Services Agreement with RSG
Inc. to complete a real estate market study of allowable uses, development feasibility study, and
gap analysis in support of the downtown Rohnert Park initiative.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby approve a Master Services Agreement for Consultant Services with RSG
Inc. in an amount not to exceed fifteen thousand dollars and no cents ($15,000.00).
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to take all actions to effectuate this Resolution for and on behalf of the City of Rohnert
Park, including execution of Master Services Agreement, in a form substantially similar to
Exhibit "A", subject to minor modifications by the City Manager or City Attorney;
BE IT FURTHER RESOLVED that Task Order 2022-01 is hereby approved.
DULY AND REGULARLY ADOPTED this 28th day of June, 2022.
CITY OF ROHNERT PARK
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ATTEST:
Elizabeth Machado, Deputy City Clerk
Attachments: Exhibit A, Exhibit B, Exhibit C
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AYES: (5 ) NOES: ( ) ABSENT: (0 ) ABSTAIN: ( )
Resolution 2022-076
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COMPANY BACKGROUND
RSG is a creatively charged counterpart to the State of California (“State”) public agencies. We
work with the people responsible for creating vibrant places to accomplish their goals. The
inspired leaders at RSG create stronger communities capable of achieving bolder futures by
bringing four decades of native knowledge to each engagement. As diverse as the agencies
we work with, our services span real estate, economic development, fiscal health, and housing
initiatives.
RSG is a State-based, Subchapter “S” corporation. Founded in 1979, the firm provides a wide
array of community development consulting services to local government organizations and
private entities. The firm is managed by principals Jim Simon and Tara Matthews. We have 20+
employees and maintain three offices in California, including our main office in Irvine and two
satellite offices in Berkeley and Vista. Our website is www.webrsg.com.
RSG’s federal taxpayer identification number is 95-343-5849 and state taxpayer identification
number is 27600915.RSG is also a State certified Small Business Enterprise (SBE - 2006876
DGS).
Mission Statement:
RSG creates solutions to enhance communities' physical, economic, and social future.
Core Values:
Our core values define who we are as people and the standards by which we provide services
to our clients.
Attachment 1: RSG Qualifications
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FIRM QUALIFICATIONS
ECONOMIC DEVELOPMENT
We are passionate champions of effective economic development, well before it became the
widely popular essential service of local government after the COVID-19 crisis. We see our role
as technicians and advisors, collaborating with our clients using the necessary but imperfect
tools available to communities today.
From developing outcome-focused strategies informed by data and community voices to
working as an extension of staff to work closely with small businesses and your local partners,
RSG possesses the knowledge and experience to plan, execute, and fine-tune your economic
development priorities. RSG clients are often communities where businesses and the
workforce are underserved by state and federal programs, where poverty, gentrification, and
displacement pose threats to households daily.
RSG’s economic development clients have included urban, full-service cities creating
innovation hubs and transforming industries, to poverty stricken suburban communities
recovering from displacement of manufacturing and disinvestment, communities that rely on
a robust tourism industry threatened by climate change and recession, to rural and
agricultural towns seeking to attract investment and jobs to diversify and offer employment
pathways to young adults who must chose to leave for work.
We are not only consultants in the field, but leaders in the industry as well. We give voice to
the challenges our clients and communities face in California as active members of CALED
and develop and influence legislative initiatives actively. We share your stories of success with
other clients to build capacity and broader successes in the state. Like you, we hope our
successes make us obsolete someday where businesses and households can enjoy the fruits
of their hard work and drive, but until then, we are proud to be part of a challenging field that
brings out the best in us.
Creating and Achieving Strategic Goals
Gone are the days of voluminous studies that sit in attractive binders on a shelf. As an economic
developer, you have many possible projects and opportunities, but which do you focus on now
with the resources you have available? This is the fundamental question that RSG aims to
answer when we prepare strategic plans for our clients. Using data and the informed stories
of your businesses and households, we approach strategic planning as an exercise in
prioritization and transparency.
We study broader economic trends on wages, workforce needs, real estate, infrastructure, and
land use policy. With our knowledge and relationships across California, we help you expand
your capacity by using the strategic planning process to strengthen your partnerships with
chamber, business association, state, and federal representatives. We embrace the political
realities of working in local government and emphasize the needs for short-term and
immediate actions oriented towards a consensus built long term vision of the community’s
future. Because we are using your tax dollars, we believe ardently that the public and taxpayers
deserve at least annual reports on the outcomes achieved and the necessary adjustments to
the policies and goals that must take place.
Response and Recovery Actions
With the COVID-19 economic crisis, reprioritization is a way of life now. RSG is helping our
clients update economic development websites and communication tools to more effectively
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reach the business community, administer small business emergency grant programs, and
identify a targeted action plan to industry sectors more vulnerable to the short- and long-term
effects of the pandemic and recession.
We can help you sort out what is next for your economic development program once the
grants have been given away and the businesses are reopened to a new reality that is still
uncertain.
Expanding Your Financing Tools
We know of few places where economic development program funds are part of any annual
operating budget for a city or county; yet dedicated resources are critical to success of many
projects.
Today’s tax increment financing tools are a far cry from the robust resources that hundreds of
California communities had prior to the loss of redevelopment nearly 10 years ago. RSG helps
our clients understand today’s “alphabet soup” of tax increment financing options: EIFD, CRIA,
AHA, NIFTI, and others to ascertain which of these is right for your community. We prepare
feasibility studies to estimate the potential capacity, costs, and benefits, while showcasing the
need for critical partnerships with other taxing agencies to make these resources more
bountiful. We draw upon our 3 decades of experience in tax increment financing plus expertise
in the current financing tools to help you decide which of these may best fit your needs.
Beyond tax increment financing, RSG also assists our clients pursue a variety of grants from
state and federal programs to address technical assistance needs, Brownfields assessment
and cleanup, and infrastructure funding. RSG also prepares reports entitlement jurisdictions
qualify areas for CDBG eligibility under the HUD’s Slum/Blight criteria, enabling them to collect
additional Federal block grant dollars for reinvestment in communities.
Designing Community Benefit and Public-Private Partnerships (P3)
While it has its shortcomings for some, capitalism does afford the opportunity to leverage
private investment to achieve meaningful public benefits, be they diversification of the local
tax base, development of workforce and affordable housing, construction of new public
facilities, and other local needs. RSG can help your community understand the potential value
of these partnerships to the public by using real estate investment analysis to ensure that any
public benefit is reasonable and accounts for the ongoing fiscal impacts of the project.
RSG’s clients have relied on our analysis to evaluate potential site-specific subsidies from the
taxes generated in order to incentivize the creation of jobs, investment, and community
benefits. In some cases, our clients have realized a yield on the public investment of anywhere
from 10 to 100 percent of the public investment.
Under California Health and Safety Code Section 53083, public agencies that assist projects
today must prepare an economic development subsidy report and make this report available
to the public prior to approving an agreement. RSG prepares these reports, including the fiscal
and economic impacts related to the project, and works frequently with the IMPLAN model to
extrapolate direct, indirect, and induced employment and investment impacts of new
projects.
Special Studies
Change is inevitable, even in communities that have enjoyed decades of economic success.
RSG’s clients have asked us to study the long-term opportunities for diversification of tourist
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economies, emerging life sciences, expansion of cannabis industries, and the creation of local
small business incubators to help entrepreneurs bring about the businesses of tomorrow.
These special studies are based on credible data on workforce needs, employment demands,
real estate, and other factors that influence decisions of businesses to choose where they
locate. Often, RSG’s work involves not only a market analysis and absorption forecast, but also
recommendations to policy makers on land uses, local tax and fee regulations, and strategic
partnerships needed with educational, government, and industry representatives.
RSG also uses “Fiscal DNA” analysis of general fund revenues to help a city understand the
taxes that sustain their operations and how these compare to neighboring cities – shedding
new light on a different path to understanding economic development strengths and
opportunities in communities.
Program Implementation
Resources for economic development are scarce, so it is difficult for some communities to
make an ongoing commitment for staffing to carry out the day-to-day duties of being an
economic developer. For some of our local economic development clients, RSG functions as
an extension of staff, meeting with businesses, promoting programs and organizing updates
for social media and the general public. We help staff be more effective by taking on outreach
to SBA, SBDC, SCORE, and other regional or state partners.
In one community, we helped attract SCORE to host workshops with the City and Chamber to
help small businesses with business planning, capital budgeting, and other entrepreneurship
fundamentals. In another, we coordinated the first workshop with small Latinx business
owners to discuss their needs for technical assistance.
REAL ESTATE
Real Estate is a pivotal piece of the puzzle when it comes to creating better lives and bolder
futures. At RSG we recognize the symbiotic relationship that exists between Real Estate and
our other product lines. Regardless of whether it is market studies, brokerage, or disposition -
we see the bottom line that lies beyond Real Estate services themselves – we see the broader
picture. We understand and appreciate the profound effect Real Estate services can have
within a City, capable of transforming communities and the lives of their residents.
Real Estate can act as a powerful catalyst for local government as they look to meet goals in
affordable housing, economic development, and fiscal health and ultimately meet their
communities’ needs. Our staff understands that for many local governments, Real Estate
services are often a means to an end when looking to meet various goals – from providing
additional units to meet their affordable housing RHNA numbers to the successful disposition
of properties Successor Agencies are required to dispose of. We also understand that cities are
in a strong position to influence land-use policy and their future when they engage in real
estate – and we put your objectives at the forefront of our approach.
Similar to our passion behind the work we do in our other product lines and echoed in
everything from our core values to the individual statements of what our staff loves about
work, our motivation behind the Real Estate work we do is driven by the outcome for the
communities we serve. Our services equate to more than just helping clients with the
acquisition of properties or developer solicitation – we are ultimately helping our clients
generate employment, stimulate their local economy, and improve the overall well-being of
residents while preserving their communities.
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Market & Feasibility Studies
When our clients have an idea regarding the use of land, there are a number of questions that
need to be considered in order to get to the heart of whether the idea is worth pursuing. Is the
proposed idea achievable and realistic? What do the long-term successes and benefits to the
community look like? These are just a few of the questions that RSG thinks of and helps answer
for our clients. Our market and feasibility studies explore the range of options available to our
clients, the highest and best use of land, and the demand for proposed use(s) of land.
RSG conducts detailed economic and market research using reliable industry data resources
corroborated by first-hand field research and local market evaluations to identify viable
implementation strategies and investment opportunities. Identification of niche market
opportunities for local communities based on consumer preferences, current market research
and land use trends, project feasibility analyses, site selection and evaluation, and pre-
entitlement services is our specialty. Our background working with over 100 communities
lends credibility to developers as well as cities.
Acquisition
Our firm is skilled at acquiring properties with the expertise required when it comes to dealings
and transactions at a government agency level. Many real estate transactions have multiple
components, and RSG’s team has decades of experience managing the pieces and making
sure they all come together for a successful project. We know how to deal with the various
participants that are typically involved in these projects and assist in the utilization of a variety
of acquisition strategies, including eminent domain, to help reach the desired outcome.
As a licensed broker (DRE License No. 01933174), RSG offers full-service real estate acquisition,
management, and representation services which includes brokerage services to help manage
what tends to usually be intricate acquisition negotiations. RSG’s real estate brokerage
background provides our clients with sophisticated tools and insight on real estate trends and
opportunities. We go beyond preparing the listing materials and contracts by providing
services from the marketing stage to the close of escrow. We offer to partner with the client to
fully understand their goals, provide advisory services, and prepare staff reports, resolutions,
public hearing notices, and public agency presentation materials. We also collaborate with
third-party consultants such as legal counsel, marketing professionals, and environmental
consultants when necessary to facilitate a seamless transaction process.
Relocation
While relocation can be a sensitive matter, it is sometimes a necessity and as such, RSG is
experienced at providing hands-on relocation services to residential and businesses displaced
by a public project in accordance with applicable federal and/or state regulations. RSG
understands the needs of both our clients and those displaced along with the nuances it takes
to complete a relocation project. Our relocation services are based on establishing strong
relationships with individuals subject to displacement by listening and being compassionate
to their needs, which has proven to be an invaluable practice to our clients.
Our comprehensive relocation services include cost estimates, project management,
document preparation, and implementation. RSG is skilled in creating realistic relocation cost
budgets and overseeing the entire process from the preparation of relocation plans, to the
placement of residential tenants, businesses, and property owners in suitable replacement
properties, and the disbursement of relocation payments.
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Fiscal Impact & Community Benefit
When it comes to real estate transactions, we understand their impact is more far-reaching
than just the transactions themselves which then calls for asking the question - what impacts
and benefits will there be to the community? Part of our approach in providing services is to
understand the desired outcome(s) a city is seeking with a real estate transaction and the
likelihood of achieving those outcomes. Our staff is well versed in performing analysis to
identify fiscal impacts like the generation of revenue from property tax and fees as well as the
production of more jobs and increased access to community services. Whether it be
discretionary entitlement actions, P3, or merely disposition of public property our firm helps
our clients identify what their City and residents are receiving in return.
Disposition & Developer Solicitation
Nothing substitutes for knowledge, creativity, and experience when negotiating disposition
and development agreements We understand that land is a scarce and valuable resource local
governments have and sometimes wish to leverage to help reach development goals. RSG has
the requisite knowledge and extensive experience necessary to bring complex public-private
transactions to fruition, including disposition and development agreements, owner
participation agreements, and long-term ground leases.
RSG partners with our clients to make sure that their disposition activities are done within the
scope of current laws in selling real estate and done in a manner that best meets the needs of
our clients’ communities. Our disposition services span from performing market analysis and
reviewing building and property valuation to marketing and development strategies and
negotiation assistance. RSG is also skilled in hel ping clients navigate the disposition of surplus
land including understanding the multiple laws involved in disposing of former
redevelopment agency-owned property, identifying the pros and cons of listing property and
marketing it as surplus land, and maneuvering the surplus land notification process.
In-depth knowledge of applicable laws and regulations, including requirements under the
Government Code and other state and federal real estate regulations, coupled with broad
experience in preparing development agreements, are essential to bringing creative solutions
to the negotiation table with property owners, developers, and real estate investors. RSG
understands how to effectively stimulate interest from highly experienced and financially
capable developers. We evaluate development proposals and do our due diligence by
performing a review of the developer’s financial standing, equity funding capacity, and
institutional or private financing relationships, as well as a review of their project experience in
terms of project size and complexity in relation to the proposed project.
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CASE STUDIES AND REFERENCES
GROUND LEASE NEGOTIATIONS & REAL ESTATE CONSULTING SERVICE – SAN CARLOS
RSG prepared a technical analysis of a long-term ground lease between the City of San Carlos
and a hotel operator, who was seeking to extend the term by up to 20 years to strengthen their
portfolio. The existing ground lease was comprised of base rent plus a participation in the
profits of the project, which were providing above-market returns to the City General Fund.
After completing our review of the advantages and disadvantages of an extension from the
City’s vantage point, RSG was involved in the negotiations which resulted in the successful
amendment with a one-time $750,000 extension payment back to the City.
RSG’s role in the City of San Carlos has also entailed serving as their primary economic
development advisor on several infill redevelopment projects, leading to several projects
proceeding despite the loss of redevelopment tools. Our extensive range of services include
project feasibility, developer negotiations, market analysis, relocation, acquisition, project
financing and project management.
When RSG was retained by San Carlos in 2006, the Wheeler Plaza TOD project, a City-owned
surface parking lot development opportunity located in the center of the City’s downtown, had
been stalled. With RSG’s assistance, the City has since redeveloped the parking lot and six other
retail and residential buildings into 108 condominiums, a subterranean public/private parking
garage, 9,855 square feet of retail space and a public plaza. Both Wheeler Plaza and another
RSG-assisted mixed-use project (San Carlos Transit Village) have received recognition by APA
and the Silicon Valley Leadership Group for their success.
RSG was also intricately involved in the creation of investment policies around the City’s award-
winning Public/Private Partnership (P3) investment platform: The Strategic Property
Acquisition Reserve, recognized by CALED in 2015. With this tool, we designed a lease-
leaseback debt financing to assemble, cleanup, consolidate, and redevelop former industrial
land uses into a 200-room Residence Inn project with RD Olson, which broke ground in
September 2015. The City’s net cost for the project will be less than $200,000 after sale to the
developer, requiring no subsidy and yielding over $1.0 million annually to the General Fund,
while providing prevailing wage construction benefits mandated by the City Council.
Contact: Al Savay, Community Development Director
(650) 802-4209 / asavay@cityofsancarlos.org
CITY OF LOS ANGELES – SITE SPECIFIC FINANCING/MIXED USE PROJECTS
RSG served as the Chief Legislative Analyst’s (CLA) independent consultant on two site-specific
subvention agreements: the $335 million Village at Westfield Topanga lifestyle center which
opened in 2015, and the $950 million Frank Gehry/Grand Avenue Los Angeles project
agreement negotiated with Related Companies. Both projects involved extensive analysis of
the developer’s capital stack for the various uses (with Grand Avenue entailing a luxury hotel,
inclusionary rental units, market rate rentals, parking, and retail/restaurant uses), evaluation of
their pro forma, fiscal and economic impact analysis, and analysis of the gap in context of the
City’s underwriting criteria. RSG was subsequently retained by the City and Westfield to
perform a post-construction cost reconciliation for the Village project, which entailed review
of the developer’s accounting records, contracts and retentions for purposes of making any
adjustments to the final subvention terms. Both projects included a community benefits
agreement in addition to the subvention agreement.
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RSG also prepared a valuation of a subordinate note held by the former CRA/LA on the Grand
Central Market mixed-use project that secured the affordability of inclusionary units. Finally,
RSG is frequently retained to prepare feasibility studies as part of development applications
with the City of Los Angeles Planning Department for third-party developers seeking feasibility
studies for off-menu density bonus incentives.
Contact: Oscar Ixco, Legislative Analyst
(213) 473-5705
LOS ANGELES COUNTY – REAL ESTATE MARKET STUDY AND REUSE STRATEGIES
RSG was engaged by the Los Angeles County Development Authority (LACDA, formerly known
as the Community Development Commission of the County of Los Angeles) on multiple
projects. Tasks include:
•RSG evaluated development proposals for the acquisition and development on behalf
of the City and County of Los Angeles for the mixed-use, mixed-income redevelopment
of the West Los Angeles Courthouse and Civic Center.
•Willowbrook – RSG worked with Van Meter Williams Pollack on a real estate study to
evaluate potential public-private partnership options between the Compton Unified
School District and the County for redevelopment of a closed school campus near MLK
Medical Center and Charles Drew University.
•West Altadena – RSG completed a reuse study for the Business Technology Center,
which involved a real estate market and feasibility study for the project and alternative
redevelopment options for County consideration.
•Assistance with RFSQ – RSG completed a Request for Statement of Qualifications for
the LACDA to seek a master developer for County-owned properties along Lincoln
Boulevard. Next steps in this effort included engaging stakeholders to gain input on
community goals that may be shared with short-listed developers who would be
invited to participate in an RFP.
The services provided to the County of Los Angeles have given RSG experience in preparing
market studies for multiple real estate projects, including mixed-use projects with an
affordable housing component. We evaluated market conditions to help the County
determine various types of development that would best suit the needs of the community.
Contact: Albert Sou, Management Analyst, Economic and Workforce Development
(213) 610-4394
COMMUNITY REVITALIZATION INVESTMENT AREAS (CRIA) – INLAND VALLEY
DEVELOPMENT AGENCY (IVDA)
In November 2020, RSG was retained by an existing client, the Inland Valley Development
Agency, to prepare a feasibility study and provide advisory services on a tax increment
financing district in San Bernardino County. IVDA is a joint powers authority that oversees the
redevelopment of the former Norton Air Force Base into a successful cargo and commercial
airport with a heavy emphasis on logistics transportation. While dissolution of redevelopment
agencies suspended some of the long-term goals for economic development of the 22,000-
acre area, IVDA desires to proceed with redevelopment and is looking at forming the first
Community Revitalization Investment Area project area in California to collect tax increment
revenue, fund affordable housing and infrastructure projects, and have incentives to attract
more jobs to the region. The CRIA would cover a different geographic area than the current
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IVDA boundaries, and thus far RSG has completed and presented a feasibility study and
continues to support staff in negotiations with five separate taxing agencies as to their
participation. If adopted based on the proposed boundaries presented to the IVDA JPA Board
in mid-2021, the CRIA is projected to generate over $93 million in tax increment revenue to
fund continuation of this economic development initiative.
Contact: Mike Burrows, Executive Director
(951) 765-2300 / mburrows@sbdairport.com
SURPLUS LAND DISPOSITION SERVICES – CITY OF SOUTH GATE
Since AB 1486 (Ting, 2019) made major changes to the Surplus Land Act (Gov’t Code Sections
54220 – 54234), public agencies around California have been facing the consequences of the
more rigorous legislation, not to mention the implementing guidelines established by the
Department of Housing and Community Development (HCD). Since AB 1486 went into effect,
RSG has worked on over two dozen real property dispositions that have required screening
through the new SLA process, resulting in the majority of these designated as surplus and
released to hundreds of so-called “housing sponsors” and other entities for the opportunity to
submit a notice of interest in acquisition for affordable housing purposes, regardless of
whether the site permits residential use or not under the current law.
In South Gate, RSG has handled the evaluation of four properties in consultation with legal
counsel and city staff, which led to each property designated surplus, the issuance of a notice
of availability prepared and managed by RSG, receipt and review of notices of interest from
over a dozen different interested parties, screening and ranking based on SLA guidelines, and
finally negotiations. To date, RSG has assisted the city conclude negotiations with two
affordable housing developers and is working on finalizing transaction documents with the
City attorney. We also provide non-technical briefings to elected officials in closed session and
in public meetings to explain the process and assist our clients navigate the process without
HCD objections.
We remain very engaged in the interests of local agencies on the surplus land act process and
have provided advisory services to many clients with questions or concerns about the SLA and
the implementing guidelines, as well as possible legislation that aims to improve the process.
Contact: Meredith Elguira, Director of Community Development
(323) 563-9566 / melguira@sogate.org
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KEY PERSONNEL
RSG dedicates a Principal to each project assignment and creates a core group of project
managers and staff who work on the individual assignments on a consistent basis throughout
all stages of the contract engagement. Our staff is focused, committed, and passionate about
the work we do. We conduct our engagements around our Core Values and are proud of it.
We pride ourselves on our ability to appropriately allocate our time and resources to ensure
that a project is completed on time and within budget.
This engagement will be led by Jim Simon, Principal-in-Charge.Mr. Simon would be assisted
byRSG staffmembers Kevin Ham, Mark Sawicki, and Suzy Kim, Directors, and Alex Lawrence,
Associate.
Resumes of consulting staff assigned to this engagement are included on the pages that
follow. Additional RSG staff may be assigned as needed.
Jim Simon, Principal: Jim provides each engagement with valuable insight, perspective, and
expertise from his 30+ year career in local economic development. Jim is a CALED Advisory
Board member and 40 in 40 Honoree, recognized for his contributions to the industry in
California. Today, Jim largely focuses his work on transactional projects such as land assembly,
development feasibility and financing, and infill development strategies that can transform
local communities.
Kevin Ham, Director: During Kevin's tenure in the city of Vista, he was involved in most every
aspect of downtown renaissance in the city. There were three district areas that made up the
downtown area. The areas are Vista Village, the Historic Downtown, and Paseo Santa Fe. Each
area had different tactics and solutions deployed and Kevin was involved in most, if not all
aspects of the rebirth of each of these areas.
Vista Village
Vista Village was a complete ground up development which included developing a new
outdoor lifestyle center. Kevin’s efforts included working with several developers, creating
materials to support investment, making presentations to financial institutions, working with
planning staff, the community and the council to create an active and attractive outdoor
walkable space with inviting retail spaces and a movie theater. This center has transitioned
ownership 3 times over the last 19 years and Kevin has assisted each with acquisition details
and center enhancements. Most recently the center was acquired by the Cherng Family Trust
(CFT), a Multi-billion dollar single-family, office and commercial investment firm from the
founders of Panda Express. Kevin maintains a great relationship with CFT and their center
manager.
Historic Downtown Vista
The improvement of historic downtown involved keeping its charming character while at the
same time taking it from sleepy sidewalks that rolled up at 5PM each day, to an active space
which has become the heart of the City. Efforts in the historic downtown included talking to
longtime property owners to activate their space, working with regional and national
developers to invest in the area, working with planning staff, the community, and the council
to make the necessary improvements, and working with national retailers to place their uses
in the downtown. This included the addition of residential to the area that was in keeping with
the historic nature of the downtown. Kevin maintains great relations with the retailers and the
developers in this area.
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Paseo Santa Fe
Paseo Santa Fe was an older and tired commercial area that was mostly a way to get from
point A to point B and had too much commercial that only supported low rents. Efforts in the
Paseo Santa Fe included creating a new brand for the area (Paseo Santa Fe), talking to
longtime property owners to gain support for public improvements, gaining interest and
commitment regional and national developers to invest in the area, working with planning
staff, the community and the council to make the necessary improvements, and working with
local and national retail to place their uses in the area. The city invested $30,000,000 in
streetscape improvements and Kevin was instrumental with gaining and keeping property
owner support through all the impacts these types on enhancements have on a commercial
area. Kevin was able to get the area included in the Opportunity Zone program which brought
in investment and supported improvements. Kevin has worked with residential, commercial
and office developers in this area to create the appropriate mix for the area’s renaissance. Kevin
maintains great relations with the retailers and the developers in this area.
Mark Sawicki, Director: Mark has led and facilitated downtown core revitalization strategies
and projects in three different cities during his tenure as senior economic and community
development staff.
Oakland
As Economic Development Director from 2015 through 2019, the City experienced a
resurgence in downtown activity and development interest. Mark worked with the City Council
and community to evaluate potential development, set expectations, and implement
redevelopment on eight City-controlled sites in the downtown core. To date, three sites have
been successfully transformed into high-rise housing and office uses, two others have been
approved for office, and three others are ready to receive proposals for mixed-income and
affordable housing. Mark also worked with the downtown business improvement district on
its renewal and expansion, allowing for additional public/private investment in safety and
cleaning programs, including an ambassador program, as well as marketing and events. He
also spearheaded the City's first Economic Development Strategy in 20 years which
recognized downtown as an engine of growth for the City.
Vallejo
As Community and Economic Development Director from 2013 to 2015, Mark oversaw
negotiation of the Waterfront development plan, creation of the Sonoma Boulevard Specific
Plan, and adoption of the Long Term Property Development Plan for multiple former
redevelopment properties in the downtown core.
San Carlos
From 2007 through 2013 as Economic Development & Housing Manager, Mark spearheaded
the redevelopment of a City-owned surface parking lot and commercial storefronts into a
multi-story mixed-use development, including a public parking structure, in the heart of
downtown. Mark worked with the Chamber of Commerce and community advisory groups on
policies, programs, and events to continue growing economic activity in the downtown core.
Suzy Kim, Director: Suzy has collaborated with over 80 jurisdictions throughout California,
from rural unincorporated areas to large coastal cities. She has a broad range of expertise; her
work ranges from creating economic development strategies, implementing loan programs
to assist low-income homeowners, underwriting affordable housing financing requests,
marketing City properties to meet placemaking goals, and monitoring the fiscal health of
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public funds. As a member of CALED’s Economic Development, Finance, and Real Estate
Committee (EDFRE), Suzy sits on a panel of experts to provide member training materials, plan
conference sessions, and provide input on legislative advocacy efforts. She was instrumental
in preparing a resource guide of tax increment tools available for California economic
development efforts. She has organized conference sessions on the nexus between economic
development and homelessness, and tools to compel owners to revitalize stagnant properties.
Suzy supports CALED’s legislative efforts by providing language for bill proposals and support
letters.
Alex Lawrence, Associate: Alex has a background in public financial management and
economic development research. Her work in real estate, affordable housing, and economic
development allows her to facilitate growth in industries and communities and assist clients
in reaching their goals. Alex has led many of RSG’s work on real estate disposition, including
our most experienced expert on the Surplus Lands Act, preparation of offering memorandums,
responding to developer inquiries, and drafting documents such as exclusive negotiating
agreements, purchase and sale agreements, and disposition and development agreements.
JIM SIMON
Principal & President
714.316.2120
jsimon@webrsg.com
www.webrsg.com | 17872 Gillette Ave., Suite 350, Irvine CA 92614 | 714.541.4585
PROFILE
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MARK SAWICKI
Director
714.316.2194
msawicki@webrsg.com
www.webrsg.com | 17872 Gillette Ave., Suite 350, Irvine CA 92614 | 714.541.4585
PROFILE
1
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KEVIN HAM
Director
714.316.2137
kham@webrsg.com
www.webrsg.com | 17872 Gillette Ave., Suite 350, Irvine CA 92614 | 714.541.4585
PROFILE
2
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SUZY KIM
Director
714.316.2116
skim@webrsg.com
www.webrsg.com | 17872 Gillette Ave., Suite 350, Irvine CA 92614 | 714.541.4585
PROFILE
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ALEX LAWRENCE
Associate
714.316.2104
alawrence@webrsg.com
www.webrsg.com | 17872 Gillette Ave., Suite 350, Irvine CA 92614 | 714.541.4585
PROFILE
1
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Attachment 2
Page 1 of 22
OAK #4844-6469-8375 v105
MASTER AGREEMENT FOR CONSULTANT SERVICES
This MASTER AGREEMENT FOR CONSULTANT SERVICES (“Agreement”) is
entered into as of the 28th day of June, 2022, by and between the City of Rohnert Park ("City"), a
California municipal corporation, and RSG Inc. (“Consultant"), a California corporation, with
reference to the following facts, understandings and intentions.
Recitals
WHEREAS, City desires to obtain real estate, housing, economic development and fiscal
advisory services; and
WHEREAS, Consultant hereby warrants to City that Consultant is skilled and able to
provide such services described in Section 3 of this Agreement; and
WHEREAS, City desires to retain Consultant pursuant to this Agreement to provide the
services described in Section 3 of this Agreement, subject to the terms and conditions of this
Agreement.
Agreement
NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree
as follows:
1. Incorporation of Recitals. The recitals and all defined terms set forth above are
hereby incorporated into this Agreement as if set forth herein in full.
2. Project Coordination. Authorized representatives shall represent City and
Consultant in all matters pertaining to this Agreement.
A. City. The City Manager or his/her designee shall represent City for
all purposes under this Agreement, except where approval for the City is specifically required by
the City Council. The City Manager is hereby designated as the project manager (“Project
Manager”). The Project Manager shall supervise the progress and execution of this Agreement.
B. Consultant. The Consultant shall assign Jim Simon, Principal to
have overall responsibility for the progress and execution of this Agreement for Consultant.
3. Scope and Performance of Services
A. Scope of Services. Subject to such policy direction and approvals
as City may determine from time to time, Consultant shall perform the type of services generally
set out in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference.
Consultant shall be assigned to provide particular services pursuant to the requirements of a task
order that has been issued in conformance with the City’s Purchasing Policy (“Task Order”)
executed by Consultant and City.
Page 2 of 22
OAK #4844-6469-8375 v105
B. Time of Performance. The services of Consultant are to commence
upon receipt of a written notice to proceed from City, but in no event prior to receiving a fully
executed agreement from City and obtaining and delivering the required insurance coverage, and
satisfactory evidence thereof, to City. Consultant shall perform its services in accordance with the
schedule attached to the Task Order. Any changes to these dates in either this Section 3 or the
Task Order shall be approved in writing by the Project Manager.
C. Standard of Quality. City relies upon the professional ability of
Consultant as a material inducement to entering into this Agreement. All work performed by
Consultant under this Agreement shall be performed 1) with due diligence, using its best efforts to
perform and coordinate all activities in a timely manner; 2) in accordance with all applicable legal
requirements; and 3) with the standard of quality ordinarily to be expected of competent
professionals in Consultant's field of expertise. Consultant shall correct, at its own expense, all
errors made in the provision of services under this Agreement. In the event that Consultant fail to
make such correction in a timely manner, City may make the correction and charge the cost thereof
to Consultant.
4. Compensation and Method of Payment.
A. Compensation. The compensation to be paid to Consultant,
including both payment for professional services and reimbursable expenses, shall: (1) for services
provided directly under this Agreement be at the rate and schedules more particularly described in
Exhibit B, attached hereto and incorporated by this reference, or (2) for services authorized by
Task Orders, be at the rate and schedules specified by said Task Order. However, in no event shall
the amount City pays to Consultant for services provided directly under this Agreement exceed
fifteen thousand dollars ($15,000.00); nor shall the amount City pays to Consultant for work done
by Task Order exceed the total compensation specified by the Task Order. City’s obligation to
pay compensation to Consultant as provided herein is contingent upon Consultant’s compliance
with the terms and conditions of this Agreement and any amendments thereto. Payment by City
under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects
were known to the City at the time of payment. City shall pay Consultant as compensation in full
for such services and expenses for the different elements of the scope of work as follows:
B. Timing of Payment.
(1) Consultant shall submit itemized monthly statements for work
performed. All statements shall include adequate documentation
demonstrating work performed during the billing period and shall
conform to Federal Funding invoicing requirements, if applicable.
Except as otherwise provided herein, City shall make payment, in
full, within thirty (30) days after approval of the invoice by City.
(2) Payments due and payable to Consultant for current services must
be within the current budget and within an available, unexhausted
and unencumbered appropriation of the City. In the event the City
has not appropriated sufficient funds for payment of Consultant
services beyond the current fiscal year, this Agreement shall cover
Page 3 of 22
OAK #4844-6469-8375 v105
only those costs incurred up to the conclusion of the current fiscal
year; payment for additional work is conditional upon future City
appropriation.
C. Changes in Compensation. Consultant will not undertake any work
that will incur costs in excess of the amount set forth in Section 4(A) of this Agreement without
prior written amendment to this Agreement. City shall have the right to amend the Scope of Work
within the Agreement by written notification to the Consultant. In such event, the compensation
and time of performance shall be subject to renegotiation upon written demand of either party to
the Agreement. Consultant shall not commence any work exceeding the Scope of Work without
prior written authorization from the City. Failure of the Consultant to secure City's written
authorization for extra or changed work shall constitute a waiver of any and all right to adjustment
in the contract price or time due, whether by way of compensation, restitution, quantum meruit,
etc. for work done without the appropriate City authorization.
D. Taxes. Consultant shall pay all taxes, assessments and premiums
under the federal Social Security Act, any applicable unemployment insurance contributions,
Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or
other taxes or assessments now or hereafter in effect and payable by reason of or in connection
with the services to be performed by Consultant.
E. No Overtime or Premium Pay. Consultant shall receive no premium
or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours
per work week, or work performed during non-standard business hours, such as in the evenings or
on weekends. Consultant shall not receive a premium or enhanced pay for work performed on a
recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be
in the form of sick leave, administrative leave, or for any other form of absence.
F. Litigation Support. Consultant agrees to testify at City's request if
litigation is brought against City in connection with Consultant's work product. Unless the action
is brought by Consultant or is based upon Consultant's negligence, City will compensate
Consultant for the preparation and the testimony at Consultant's standard hourly rates, if requested
by City and not part of the litigation brought by City against Consultant.
5. Term. The term of this Agreement shall commence on the date of its execution by
both parties and shall continue in full force and effect until December 31, 2027, unless earlier
terminated in accordance with this Agreement. Notwithstanding the foregoing, this Agreement
may be extended for successive one-year term(s) upon mutual, written approval by the City
Manager or his/her designee and Consultant. Work authorized by a separate Task Order as
contemplated by this Agreement shall be performed in accordance with the schedule set forth in
the Task Order.
6. Inspection. Consultant shall furnish City with every reasonable opportunity for
City to ascertain that the services of Consultant are being performed in accordance with the
requirements and intentions of this Agreement. All work done and all materials furnished, if any,
shall be subject to the Project Manager's inspection and approval. The inspection of such work
shall not relieve Consultant of any of its obligations to fulfill the Agreement as prescribed.
Page 4 of 22
OAK #4844-6469-8375 v105
7. Ownership of Documents. Title, including the copyright and all intellectual
property rights, to all plans, specifications, maps, estimates, reports, manuscripts, drawings,
descriptions, designs, data, photographs, reports and any other final work products compiled,
prepared or obtained by the Consultant under the Agreement shall be vested in City, none of which
shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the
expressed written consent of the City. Consultant shall assume no responsibility for the unintended
use by others of such final work products which are not related to the scope of the services
described under this Agreement. Basic survey notes and sketches, charts, computations, and other
data prepared or obtained under the Agreement shall be made available, upon request, to City
without restriction or limitations on their use. Consultant may retain copies of the above-described
information but agrees not to disclose or discuss any information gathered, discussed or generated
in any way through this Agreement without the written permission of City during the term of this
Agreement, unless required by law.
8. Employment of Other Consultants, Specialists or Experts. Consultant will not
employ or otherwise incur an obligation to pay other consultants, specialists or experts for services
in connection with this Agreement without the prior written approval of the City.
9. Conflict of Interest Requirements.
A. Consultant covenants and represents that neither it, nor any officer
or principal of its firm, has, or shall acquire any investment, income, business entity, interest in
real property, or other interest, directly or indirectly, which would conflict in any manner with the
interests of City, hinder Consultant's performance of services under this Agreement, or be affected
in any manner or degree by performance of Consultant's services hereunder. Consultant further
covenants that in the performance of the Agreement, no person having any such interest shall be
employed by it as an officer, employee, agent, or subcontractor without the express written consent
of the City. Consultant agrees at all times to avoid conflicts of interest, or the appearance of any
conflicts of interest, with the interests of the City in the performance of the Agreement.
B. Consultant is not a designated employee within the meaning of the
Political Reform Act because Consultant:
(1) will not have the power to make any governmental decision,
including whether to: approve any rates, rules, regulations, policies,
standards, or guidelines of the City or any of its subdivisions; adopt
or enforce any laws; issue, deny, suspend, or revoke any permit,
license, application, certificate, order, or any similar authorization
or entitlement; authorize, modify, or renew any form of City
contract; grant approval to any City contract specifications on behalf
of the City; or grant City approval for any plans, designs, reports, or
similar; and
(2) will not participate in the making of any governmental decision in
the equivalent of a staff capacity — for the purposes of this
provision, “participating in a governmental decision” including
providing information, an opinion, or a recommendation directly to
Page 5 of 22
OAK #4844-6469-8375 v105
any person at the City empowered to make a decision on behalf of
the City without significant intervening substantive review; and
(3) will not perform the same duties for the City that would otherwise
be performed by a staff member required to report under the City’s
conflict of interest code. (2 Cal. Code Regs. § 18700.3.)
10. Liability of Members and Employees of City. No member of the City and no other
officer, elected official, employee or agent of the City shall be personally liable to Consultant or
otherwise in the event of any default or breach of the City, or for any amount which may become
due to Consultant or any successor in interest, or for any obligations directly or indirectly incurred
under the terms of this Agreement. To the maximum extent permitted by law, the City shall have
no liability or responsibility for any accident, loss, or damage to any work performed under this
Agreement whether prior to its completion or acceptance or otherwise.
11. Indemnity.
A. Indemnification. To the fullest extent permitted by law, Consultant
shall, at its own expense, indemnify, protect, defend (by counsel reasonably satisfactory to the
City) and hold harmless City and any and all of its officers, officials, employees, agents and
volunteers (“Indemnified Parties”) from and against any and all liability (including liability for
claims, demands, damages, obligations, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged
or threatened, including attorneys’ fees and costs, court costs, interest, defense costs and expert
witness fees) of any nature (“Liability”), whether actual, alleged or threatened, which arise out of,
pertain to, or relate to the performance or failure to comply with this Agreement, regardless of any
fault or alleged fault of the Indemnified Parties.
For design professionals (as that term is defined by statute) acting within the scope of their
professional capacity, to the fullest extent permitted by law, Consultant shall, at its own expense,
indemnify, protect, defend (by counsel reasonably satisfactory to the City) and hold harmless any
Indemnified Parties from and against any and all Liability, whether actual, alleged or threatened,
which arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the
Consultant, or as may be provided by statute in Civil Code § 2782.8, as may be amended from
time to time.
The only exception to Consultant’s responsibility to indemnify, protect, defend, and hold harmless
the Indemnified Parties from Liability is due to the active negligence or willful misconduct of City
or its elective or appointive boards, officers, agents and employees.
B. Scope of Obligation. Consultant’s duty to indemnify, protect,
defend and hold harmless as set forth in this Section 11 shall include the duty to defend (by counsel
reasonably satisfactory to the City) as set forth in California Civil Code § 2778. This
indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable by or for Consultant under worker’s compensation, disability
or other employee benefit acts or the terms, applicability or limitations of any insurance held or
provided by Consultant and shall continue to bind the parties after termination/completion of this
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agreement. This indemnification shall be regardless of and not in any way limited by the insurance
requirements of this contract. This indemnification is for the full period of time allowed by law
and shall survive the termination of this agreement. Consultant waives any and all rights to express
or implied indemnity against the Indemnified Parties concerning any Liability of the Consultant
arising out of or in connection with the Agreement or Consultant’s failure to comply with any of
the terms of this Agreement.
Consultant’s duty to indemnify, protect, defend and hold harmless as set forth in this Section 11
shall not be excused because of the Consultant’s inability to evaluate Liability, or because the
Consultant evaluates Liability and determines that the Consultant is not or may not be liable. The
Consultant must respond within thirty (30) calendar days to any tender by the City, unless the time
for responding has been extended by an authorized representative of the City in writing. If the
Consultant fails to timely accept such tender, in addition to any other remedies authorized by law,
as much of the money due or that may become due to the Consultant under this Agreement as shall
reasonably be considered necessary by the City may be retained by the City until disposition has
been made of the matter subject to tender, or until the Consultant accepts the tender, whichever
occurs first. Consultant agrees to fully reimburse all costs, including but not limited to attorney’s
fees and costs and fees of litigation incurred by the City in responding to matters prior to
Consultant’s acceptance of the tender.
12. Independent Contractor. It is expressly agreed that Consultant, in the performance
of the work and services agreed to be performed by Consultant, shall act as and be an independent
contractor and not an agent or employee of City and shall have responsibility for and control over
the details and means of providing its services under this Agreement. Consultant shall furnish, at
its own expense, all labor, materials, equipment, tools, transportation and services necessary for
the successful completion of the services under this Agreement. As an independent contractor,
Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's
employees, and Consultant hereby expressly waives any claim it may have to any such rights.
Consultant, its officers, employees and agents shall not have any power to bind or commit the City
to any decision.
13. Compliance with Laws.
A. General. Consultant shall use the standard of care in its profession
to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
Consultant represents and warrants to City that it has and shall, at its sole cost and expense, keep
in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance
and approvals which are legally required for Consultant to practice its profession. City is not
responsible or liable for Consultant's failure to comply with any or all of the requirements
contained in this paragraph or in this Agreement.
B. Workers' Compensation. Consultant certifies that it is aware of the
provisions of the California Labor Code which require every employee to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that Code, and Consultant certifies that it will comply with such provisions before
commencing performance of the Agreement and at all times in the performance of the Agreement.
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C. Prevailing Wage. Consultant and Consultant's subconsultants (if
any) shall, to the extent required by the California Labor Code, pay not less than the latest
prevailing wage rates to workers and professionals as determined by the Director of Industrial
Relations of the State of California pursuant to California Labor Code, Part 7, Chapter 1, Article 2.
Copies of the applicable wage determination are on file at the City's office of the City Clerk.
D. Injury and Illness Prevention Program. Consultant certifies that it is
aware of and has complied with the provisions of California Labor Code § 6401.7, which requires
every employer to adopt a written injury and illness prevention program.
E. Business Licenses. Unless exempt by law, Consultant and all
subconsultants shall have acquired, at Consultant’s expense, a business license from the City in
accordance with Chapter 5.04 of the Rohnert Park Municipal Code, prior to City's issuance of an
authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term
of this Agreement. City may withhold compensation from Consultant until such time as
Consultant complies with this section.
14. Confidential Information. All data, documents, discussions or other information
developed or received by or for Consultant in performance of this Agreement are confidential and
not to be disclosed to any person except as authorized by City, or as required by law.
15. Assignment; Subcontractors; Employees
A. Assignment. Consultant shall not assign, delegate, transfer, or
convey its duties, responsibilities, or interests in this Agreement or any right, title, obligation, or
interest in or to the same or any part thereof without the City's prior written consent, which shall
be in the City’s sole discretion. Any assignment without such approval shall be void and, at the
City's option, shall immediately cause this Agreement to terminate.
B. Subcontractors; Employees. Consultant shall be responsible for
employing or engaging all persons necessary to perform the services of Consultant hereunder. No
subcontractor of Consultant shall be recognized by the City as such; rather, all subcontractors are
deemed to be employees of the Consultant, and Consultant agrees to be responsible for their
performance. Consultant shall give its personal attention to the fulfillment of the provisions of
this Agreement by all of its employees and subcontractors, if any, and shall keep the work under
its control. If any employee or subcontractor of Consultant fails or refuses to carry out the
provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper
manner, it shall be discharged immediately from the work under this Agreement on demand of the
Project Manager.
16. Insurance. Without limiting Consultant’s indemnification provided herein,
Consultant shall, at its own expense, procure and maintain insurance that complies with the
requirements set forth in Exhibit C to this Agreement, which is attached hereto and incorporated
by reference. Consultant shall upon thirty (30) days’ notice comply with any changes in the
amounts and terms of insurance as may be required from time-to-time by City’s risk manager.
17. Termination of Agreement; Default.
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A. This Agreement and all obligations hereunder may be terminated at
any time, with or without cause, by the City upon five (5) days' written notice to Consultant.
B. If Consultant fails to perform any of its obligations under this
Agreement within the time and in the manner herein provided or otherwise violates any of the
terms of this Agreement, in addition to all other remedies provided by law, City may terminate
this Agreement immediately upon written notice. In such event, Consultant shall be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred hereunder,
an amount which bears the same ratio to the total fees specified in the Agreement as the services
satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such amount the
amount of damages, if any, sustained by City by virtue of the breach of the Agreement by
consultant.
C. In the event this Agreement is terminated by City without cause,
Consultant shall be entitled to any compensation owing to it hereunder up to the time of such
termination, it being understood that any payments are full compensation for services rendered
prior to the time of payment.
D. Upon termination of this Agreement with or without cause,
Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches,
drawings, computations, and other data, whether or not completed, prepared by Consultant or its
subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this
Agreement. Such materials shall become the permanent property of the City. Consultant,
however, shall not be liable for the City's use of incomplete materials nor for the City's use of
complete documents if used for other than the project contemplated by this Agreement.
18. Suspension. The City shall have the authority to suspend this Agreement and the
services contemplated herein, wholly or in part, for such period as it deems necessary due to
unfavorable conditions or to the failure on the part of the Consultant to perform any provision of
this Agreement. Consultant will be paid for satisfactory services performed prior to the date of
suspension. During the period of suspension, Consultant shall not receive any payment for
services or expenses incurred by Consultant by reason of such suspension.
19. Merger; Amendment. This Agreement constitutes the complete and exclusive
statement of the agreement between City and Consultant and shall supersede all prior negotiations,
representations, or agreements, either written or oral. This document may be amended only by
written instrument, signed by both the City and Consultant. All provisions of this Agreement are
expressly made conditions.
20. Interpretation. This Agreement shall be interpreted as though it was a product of a
joint drafting effort and no provisions shall be interpreted against a party on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
21. Litigation Costs. If either party becomes involved in litigation arising out of this
Agreement or the performance thereof, the court in such litigation shall award reasonable costs
and expenses, including attorneys' fees, to the prevailing party. In awarding attorneys' fees, the
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court will not be bound by any court fee schedule, but shall, if it is in the interest of justice to do
so, award the full amount of costs, expenses, and attorneys' fees paid or incurred in good faith.
22. Time of the Essence. Time is of the essence of this Agreement. Upon receipt of a
written notice from City to proceed with work required by a Task Order, Consultant shall
immediately commence work to perform the services required by that Task Order according to the
time requirements set in the Task Order.
23. Written Notification. Any notice, demand, request, consent, approval or
communication that either party desires or is required to give to the other party shall be in writing
and either served personally or sent by prepaid, first class mail. Any such notice, demand, etc.
shall be addressed to the other party at the address set forth below. Either party may change its
address by notifying the other party of the change of address. Notice shall be deemed
communicated within 72 hours from the time of mailing if mailed as provided in this section.
If to City: City Manager
City of Rohnert Park - City Hall
130 Avram Avenue
Rohnert Park, CA 94928
Phone: (707) 588-2227
Fax: (707) 794-9248
Email: admin@rpcity.org
If to Consultant: RSG Inc
17872 Gillette Ave Ste 350
Irvine, CA 92614
Phone: 714-316-2120
Email: jsimon@webrsg.org
24. Consultant's Books and Records.
A. Consultant shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, and other records or documents evidencing or relating to
charges for services, or expenditures and disbursements charged to City and all documents and
records which demonstrate performance under this Agreement for a minimum period of three (3)
years, or for any longer period required by law, from the date of termination or completion of this
Agreement.
B. Any records or documents required to be maintained pursuant to this
Agreement shall be made available for inspection or audit, at any time during regular business
hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated
representative of any of these officers. Copies of such documents shall be provided to City for
inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon,
the records shall be available at Consultant's address indicated for receipt of notices in this
Agreement.
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C. The City may, by written request by any of the above-named
officers, require that custody of the records be given to the City and that the records and documents
be maintained in the City Manager's office.
25. Agreement Binding. The terms, covenants, and conditions of this Agreement shall
apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and
subcontractors of both parties.
26. Equal Employment Opportunity. Consultant is an equal opportunity employer and
agrees to comply with all applicable state and federal regulations governing equal employment
opportunity. Consultant will not discriminate against any employee or applicant for employment
because of race, religion, age, sex, creed, color, sexual orientation, marital status or national origin.
Consultant will take affirmative action to ensure that applicants are treated during such
employment without regard to race, religion, age, sex, creed, color, sexual orientation, marital
status, or national origin. Such action shall include, but shall not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-offs or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. Consultant further agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this nondiscrimination
clause.
27. Non-Exclusive Agreement. This is a non-exclusive agreement. City reserves the
right to provide, and to retain other consultants to provide, services that are the same or similar to
the services described in this Agreement.
28. City Not Obligated to Third Parties. The City shall not be obligated or liable for
payment hereunder to any party other than Consultant.
29. Remedies/Waiver. No failure on the part of either party to exercise any term,
covenant, condition, right or remedy hereunder shall operate as a waiver of any other term,
covenant, condition, right or remedy that such party may have hereunder. All remedies
permitted or available under this Agreement, or at law or in equity, are cumulative and
alternative. As a condition precedent to commencing legal action involving a claim or dispute
against the City arising from this Agreement, the Consultant shall comply with claims
presentation requirements under the Government Tort Claims Act, California Government Code
Sections 900 et seq. and the Rohnert Park Municipal Code.
30. Severability. If any one or more of the provisions contained herein shall for any
reason be held to be invalid, illegal or unenforceable in any respect, then such provision or
provisions shall be deemed severable from the remaining provisions hereof, and such invalidity,
illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal, or unenforceable provision had not been contained herein.
31. Exhibits. The following exhibits are attached to this Agreement and incorporated
herein by this reference:
A. Exhibit A: Scope of Work and Schedule of Performance
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B. Exhibit B: Compensation
C. Exhibit C: Insurance Requirements
32. Execution. This Agreement may be executed in several counterparts, each of which
shall constitute one and the same instrument and shall become binding upon the parties when at
least one copy hereof shall have been signed by both parties hereto. In approving this Agreement,
it shall not be necessary to produce or account for more than one such counterpart.
33. News Releases/Interviews. All Consultant and subconsultant news releases, media
interviews, testimony at hearings and public comment shall be prohibited unless expressly
authorized by City.
34. Applicable Law; Venue. This Agreement shall be construed and interpreted
according to California law. In the event that suit shall be brought by either party hereunder, the
parties agree that a trial of such action shall be held exclusively in a state court in the County of
Sonoma, California.
35. Authority. Each individual executing this Agreement on behalf of one of the parties
represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such
party and that this Agreement is binding on such party in accordance with its terms.
IN WITNESS WHEREOF, City and Consultant have executed this Agreement as of the date first
above written.
CITY OF ROHNERT PARK CONSULTANT
By:
__________________________________
City Manager
By:
Title:
Date: Date:
Per Resolution No. _____ adopted by the Rohnert Park
City Council at its meeting of June 28, 2022
CONSULTANT
By:
Title:
APPROVED AS TO FORM:
Date:
By:
__________________________________
City Attorney
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ATTEST:
By:
__________________________________
City Clerk
Attachment 2
Exhibit A
OAK #4844-6469-8375 v105
EXHIBIT A: SCOPE OF WORK
REAL ESTATE SERVICES
PROJECT FEASIBILITY
RSG is well respected by cities across the state to conduct market assessments and
project feasibility analyses, site selection and evaluation, and pre-entitlement
services. Our background working with over 100 communities lends credibility to
developers as well as cities.
FINANCING DEVELOPMENT
RSG is a recognized expert in analyzing the economics of projects such as residential
single-family rehabilitation and mixed income apartments, as well as commercial uses
including retail stand-alone buildings, outlet centers, lifestyle centers, office towers,
industrial condos, gas stations, ground leases, digital billboards, data centers and
fulfillment complexes. We specialize in public-financing structures – helping
communities know when it’s reasonable to provide financial assistance and when a
project’s profitability meets current market yields.
DEVELOPMENT SERVICES
RSG can assist cities and developers sort through code and legal requirements for
compliance and review of development applications. For example, we have assisted
both cities and developers implement affordable housing inclusionary policies, density
bonuses, and reporting requirements.
ASSET MANAGEMENT
As a California Commercial broker (CalBRE #01930929), RSG provides variety of
sales, leasing and marketing services for public and private-sector clients. RSG is often
retained to lead negotiations on deal terms, manage the acquisition and escrow
process, structure lease extensions, and correspond with residential or commercial
tenants. We also provide relocation advisory services, serving as a relocation agent to
several communities on such public projects. We are very busy helping our clients in
the sale of hundreds of properties being disposed as part of the redevelopment
dissolution process in California.
DISPOSITION
Eventually, real estate reaches a point of transition and RSG is adept and preparing
long range property management plans, disposition strategies, development
programming studies and opinions of value and reuse strategies.
Exhibit A
OAK #4844-6469-8375 v105
HOUSING SERVICES
FINANCIAL FEASIBILITY AND TECHNICAL REVIEW
We are highly experienced in performing the technical reviews and financial pro forma
analyses to determine the extent and form of an agency’s financial assistance needed
to bring affordable housing projects to fruition.
SITE EVALUATION AND PROPERTY DISPOSITION
We have assisted clients in assembling sites, soliciting developer proposals, and
negotiating disposition agreements for developing single-family ownership and
multifamily rental projects and mixed-use developments.
PROPERTY ACQUISITION AND RELOCATION SERVICES
We have performed a wide range of property acquisitions including right-of-way
easements, single parcel acquisitions, assembling sites to facilitate redevelopment, and
acquiring residential, commercial, office, and industrial properties. Often real estate
acquisition assignments include the relocation of pre-acquisition residential tenants, or
businesses. We are skilled in creating realistic relocation cost budgets and overseeing
the entire process from the preparation of relocation plans to the placement of
residential tenants, businesses, and property owners in suitable replacement properties
and the disbursement of relocation payments.
PROGRAM FORMULATION AND IMPLEMENTATION
We bring a diverse background of housing experience to enable our clients to evaluate
options and identify programs that meet their housing objectives in context of land use
considerations, economic conditions, financial resources, and special needs issues.
PROGRAM ADMINISTRATION AND COMPLIANCE MONITORING
We have hands-on experience in the administration of public agencies’ affordable
housing activities for multifamily rental projects and homebuyer assistance programs.
INCLUSIONARY ORDINANCES, NEXUS STUDIES AND LINKAGE FEES
Our nexus studies are in-depth and legally defensible, but also easy to understand.
Inclusionary ordinances can often pit the development community against local
governments. In response, we worked to build consensus from all parties on previous
inclusionary ordinance and linkage fee engagements, including the facilitation of ad-hoc
housing committees and meetings with the Building Industry Association.
ECONOMIC DEVELOPMENT SERVICES
CREATING & ACHIEVING STRATEGIC GOALS
We study broader economic trends on wages, workforce needs, real estate,
infrastructure, and land use policy. With our knowledge and relationships across
California, we help you expand your capacity by using the strategic planning process to
strengthen your partnerships with chamber, business association, state, and federal
Exhibit A
OAK #4844-6469-8375 v105
representatives. We embrace the political realities of working in local government and
emphasize the needs for short-term and immediate actions oriented towards a
consensus built long term vision of the community’s future. Because we are using your
tax dollars, we believe ardently that the public and taxpayers deserve at least annual
reports on the outcomes achieved and the necessary adjustments to the policies and
goals that must take place.
RESPONSE & RECOVERY ACTIONS
With the COVID-19 economic crisis, re-prioritization is a way of life now. RSG is
helping our clients update economic development websites and communication tools to
more effectively reach the business community, administer small business emergency
grant programs, and identify a targeted action plan to industry sectors more vulnerable
to the short- and long-term effects of the pandemic and recession. We can help you sort
out what is next for your economic development program once the grants have been
given away and the businesses are reopened to a new reality that is still uncertain.
EXPANDING YOUR FINANCING TOOLS
Today’s tax increment financing tools are a far cry from the robust resources that
hundreds of California communities had prior to the loss of redevelopment nearly 10
years ago. RSG helps our clients understand today’s “alphabet soup” of tax increment
financing options: EIFD, CRIA, AHA, NIFTI, and others to ascertain which of these is
right for your community. We prepare feasibility studies to estimate the potential
capacity, costs, and benefits, while showcasing the need for critical partnerships with
other taxing agencies to make these resources more bountiful. We draw upon our 3
decades of experience in tax increment financing plus expertise in the current financing
tools to help you decide which of these may best fit your needs.
Beyond tax increment financing, RSG also assists our clients pursue a variety of grants
from state and federal programs to address technical assistance needs, Brownfields
assessment and cleanup, and infrastructure funding. RSG also prepares reports
entitlement jurisdictions qualify areas for CDBG eligibility under the HUD’s Slum/Blight
criteria, enabling them to collect additional Federal block grant dollars for reinvestment
in communities.
DESIGNING COMMUNITY BENEFIT & PUBLIC-PRIVATE PARTNERSHIPS (P3)
While it has its shortcomings for some, capitalism does afford the opportunity to
leverage private investment to achieve meaningful public benefits, be they
diversification of the local tax base, development of workforce and affordable housing,
construction of new public facilities, and other local needs. RSG can help your
community understand the potential value of these partnerships to the public by using
real estate investment analysis to ensure that any public benefit is reasonable and
accounts for the ongoing fiscal impacts of the project.
RSG’s clients have relied on our analysis to evaluate potential site-specific subsidies
from the taxes generated to incentivize the creation of jobs, investment, and community
Exhibit A
OAK #4844-6469-8375 v105
benefits. In some cases, our clients have realized a yield on the public investment of
anywhere from 10 to 100 percent of the public investment.
Under California Health and Safety Code Section 53083, public agencies that assist
projects today must prepare an economic development subsidy report and make this
report available to the public prior to approving an agreement. RSG prepares these
reports, including the fiscal and economic impacts related to the project, and works
frequently with the IMPLAN model to extrapolate direct, indirect, and induced
employment and investment impacts of new projects.
SPECIAL STUDIES
Change is inevitable, even in communities that have enjoyed decades of economic
success. RSG’s clients have asked us to study the long-term opportunities for
diversification of tourist economies, emerging life sciences, expansion of cannabis
industries, and the creation of local small business incubators to help entrepreneurs
bring about the businesses of tomorrow.
These special studies are based on credible data on workforce needs, employment
demands, real estate, and other factors that influence decisions of businesses to
choose where they locate. Often, RSG’s work involves not only a market analysis and
absorption forecast, but also recommendations to policy makers on land uses, local tax
and fee regulations, and strategic partnerships needed with educational, government,
and industry representatives.
RSG also uses “Fiscal DNA” analysis of general fund revenues to help a city
understand the taxes that sustain their operations and how these compare to
neighboring cities – shedding new light on a different path to understanding economic
development strengths and opportunities in communities.
PROGRAM IMPLEMENTATION
Resources for economic development are scarce, so it is difficult for some communities
to make an ongoing commitment for staffing to carry out the day-to-day duties of being
an economic developer. For some of our local economic development clients, RSG
functions as an extension of staff, meeting with businesses, promoting programs and
organizing updates for social media and your stakeholders. We help staff be more
effective by taking on outreach to SBA, SBDC, SCORE, and other regional or state
partners.
FISCAL HEALTH SERVICES
MONTHLY CASH FLOWS, MID-YEAR AND ANNUAL BUDGET FORECASTS, AND LONG-
RANGE FISCAL PROJECTIONS
Assist local government agencies to identify current and future revenues.
Exhibit A
OAK #4844-6469-8375 v105
FISCAL MODELING
Identify the financial health of communities.
• Proposed impact and service fees studies to determine the net effect of new
development projects/annexations on service levels and revenues.
• Management studies/municipal service reviews that determine if existing service
delivery models meet current community needs and assessing staff resources to
ensure alignment with organizational strategic priorities under today’s climate of
limited resources and high expectations for service levels.
TRENDS ANALYSES
An innovative approach to market forecasting that links economic development strategic
planning activities to an agency’s budget process.
DEMAND PROJECTIONS/FEASIBILITY ANALYSIS
Forecast future needed land use and an accompanying fiscal impact analyses of
appropriate land use alternatives.
ANNUAL REPORTS
Such as Continuing Disclosure Reports for tax allocation and other municipal bonds, to
provide the legally-required updated financial information pertaining to the issuer, or in
the case of tax allocation bonds, the project area(s), that may affect the ability to pay
amounts owing on the bonds.
FISCAL CONSULTANT SERVICES
Involving preparing property tax revenue projections that delineate expected and
anticipated revenue amounts, incorporate new development assumptions, identify top
10 taxpayers, analyze land uses, identify pending assessment appeals and analyze
existing obligations. RSG has provided these services for over 200 public financings
involving the issuance of $3.5 billion in bonds.
Attachment 2
Exhibit B
OAK #4844-6469-8375 v105
EXHIBIT B
Compensation
Hourly Billing Rates
Principal / Director $ 275
Senior Associate $ 200
Associate $ 185
Senior Analyst $ 150
Analyst $ 135
Research Assistant $ 125
Technician $ 80
Clerical $ 60
Reimbursable Expenses Cost plus 10%
Work under this contract shall be initiative by Task Order from the City.
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 (5) copies. These costs are charged back at the actual expense plus a
10% surcharge.
RSG issues monthly invoices payable which will be reviewed by the Project Manager for
approval. Invoices detail tasks completed to date, hours expended, and the hourly rate.
Attachment 2
Exhibit C
OAK #4844-6469-8375 v105
EXHIBIT C
INSURANCE REQUIREMENTS for Consultant Services Agreement
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering
CGL on an “occurrence” basis, including products and completed operations, property
damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence. If a general aggregate limit applies, either the general
aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or
the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code
1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned),
with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory
Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per
accident for bodily injury or disease. (Not required if consultant provides written
verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the
Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim,
$2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums
shown above, the City requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the Consultant. Any available insurance proceeds in excess
of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional
insureds on the CGL policy with respect to liability arising out of work or operations
performed by or on behalf of the Consultant including materials, parts, or equipment
furnished in connection with such work or operations. General liability coverage can be
Exhibit C
OAK #4844-6469-8375 v105
provided in the form of an endorsement to the Consultant’s insurance (at least as broad
as ISO Form CG 20 10 11 85, or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG
20 37 forms, if later revisions used).
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be
primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 with
respect to the City, its officers, officials, employees, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers
shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled,
except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer
of said Consultant may acquire against the City by virtue of the payment of any loss
under such insurance. Consultant agrees to obtain any endorsement that may be
necessary to effect this waiver of subrogation, but this provision applies regardless of
whether or not the City has received a waiver of subrogation endorsement from the
insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may
require the Consultant to provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention. The
policy language shall provide, or be endorsed to provide, that the self-insured retention
may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with
a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the
City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or
the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a Retroactive Date prior to the contract effective date, the Consultant
Exhibit C
OAK #4844-6469-8375 v105
must purchase “extended reporting” coverage for a minimum of five (5) years after
completion of contract work.
Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all
required amendatory endorsements (or copies of the applicable policy language
effecting coverage required by this clause) and a copy of the Declarations and
Endorsement Page of the CGL policy listing all policy endorsements to City before
work begins. However, failure to obtain the required documents prior to the work
beginning shall not waive the Consultant’s obligation to provide them. The City
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements required by these specifications, at any time.
Attachment 2
OAK #4844-6469-8375 v105
CERTIFICATE OF CONSULTANT
I HEREBY CERTIFY that I am the __________________________________, and a duly
authorized representative of the firm of _____________________________________,
whose address is ______________________________________________________, and that
neither I nor the above firm I here represent has:
a) Employed or retained for a commission, percentage, brokerage, contingent
fee, or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit to secure
this Agreement.
b) Agreed, as an express or implied condition for obtaining this contract, to
employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the Agreement;
Except as here expressly stated (if any);
I acknowledge that this certificate is subject to applicable State and Federal laws, both
criminal and civil.
_________________ ___________________________________
Date Signature
Attachment 3
RSG TASK ORDER NO. 2022-
CITY OF ROHNERT PARK
AND
RSG Inc.
AUTHORIZATION TO PROVIDE REAL ESTATE ADVISORY SERVICES FOR THE DOWNTOWN
DEVELOPMENT PROJECT
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct RSG Inc. (“Consultant”) to proceed with the
work specified in Section 2 below in accordance with the provisions of the MASTER AGREEMENT
between the City of Rohnert Park ("City") and "Consultant" hereto dated June 28, 2022.
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Exhibit “A” - Scope of Services.
SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT between the parties hereto referenced
in SECTION 1 above. The total cost for services as set forth in SECTION 2 shall be actual costs (time
and materials) based on Consultants' standard labor charges in accordance with the provisions of the
MASTER AGREEMENT and as shown in Exhibit “B” in an amount not-to-exceed $50,000.
SECTION 4 – TIME OF PERFORMANCE
The work described in SECTION 2 shall be completed by December 31, 2022, or as extended by the City
Manager.
SECTION 5 – ITEMS AND CONDITIONS
All items and conditions contained in the MASTER AGREEMENT for Consultant Services between City
and Consultant are incorporated by reference.
Approved this 28th day of June, 2022.
CITY OF ROHNERT PARK RSG Inc.
____________________________
Darrin Jenkins, City Manager (Date) By: Name and Title (Date)
Per Resolution No. ____ adopted by the
Rohnert Park City Council at its meeting RSG Inc.
of June 28, 2022.
By: Name and Title (Date)
ATTEST: APPROVED AS TO FORM:
____________________________
City Clerk City Attorney
EXHIBIT A
SCOPE OF WORK
Phase 1 Scope of Work services include:
• Real Estate Market Study of Allowable Uses
• Development Feasibility Study
• Gap Analysis
• Financing Study including Public-Private Financing (such as an EIFD and/or CFD)
• Recommended Phasing Plans (based on foregoing)
Specific Tasks include the following.
Site Visit and Due Diligence: In consultation with the City Manager and Departments, RSG
would familiarize ourselves with the planning goals, infrastructure constraints, and site
conditions for the subject property, including a site walk and visit of the surrounding commercial
and residential properties. We would want to collect information on Zoning and design goals,
perhaps emerging from the new planning consultant’s work if timing is right and develop with
Planning staff one to three development programs that could be evaluated for absorption,
feasibility, and financing. If the planning consultant’s work is not completed in a timely fashion,
RSG would more heavily rely on the feedback from staff and current land use standards for our
analysis. While the primary focus of this project is the former State Farm property, the City may
at this stage request that we also incorporate the adjacent City-owned 2-acre property located at
600 Enterprise Dr that is currently used by the Public Works Department.
As an outcome from the initial due diligence, RSG would identify up to seven land use
categories that would be evaluated in the subsequent actions. We anticipate these programs
would vary by the quantity of the following types of uses, which themselves will be confirmed in
consultation with staff at project kickoff:
1. Residential multifamily,
2. Residential single family attached,
3. Single family detached (small lot/row houses),
4. Commercial retail (resident and visitor serving),
5. Commercial medical office,
6. Hospitality, and
7. Institutional / public serving, including required open space.
RSG understands that the City does not necessarily expect that commercial office use would be
viable in the current market. As an alternative, RSG may look at medical office use as an
alternative.
Development Feasibility including Market, Cost, and Gap Analysis: In preparation of this
work program, RSG reviewed some initial market information to understand the multifamily and
commercial retail demand in the local submarket, as both of these uses would be central to a
successful manifestation of the City’s land use vision for downtown. For example, apartments
are selling for approximately $400,000 per unit presently, though have seen recently higher
appreciation in rents compared to overall appreciation in the past decade. Commercial retail
projects are selling for an average of $300 per square foot, although the market vacancy rate is
relatively low at this point in time.
Both of these sales prices are likely below the cost to construct new uses, at least without a
subsidy of some sort. Construction costs (excluding land) in this market are not dramatically
different from Contra Costa or Alameda County, but values are much lower, which may limit
what type of products can be developed in Rohnert Park regardless of what design standards are
desired. This leads us to suggest that we prepare a site-specific real estate market study of
rents, deliveries, appreciation, and demand is an important next step in our analysis. RSG would
start by conducting a market analysis of the residential, commercial retail, and medical office
market demand to determine potential absorption, supportable rents, and resulting market values
for these project prototypes. Then, RSG would analyze development costs using local cost
factors from our own experience and credible sources, while planning for cost contingencies in
our estimates to buffer from the recent inflation of construction material and labor costs.
Once this analysis is completed, RSG would identify the current financial gap or profitability
and necessary phasing for market absorption of up to three buildout scenarios and discuss our
findings with staff to obtain feedback and make appropriate refinements with the goal of
identifying an optimal development program that meets the City’s land use goals while also
having the best market support. We would also assess the impact of any Surplus Land Act
requirements on development of the site; these may include inclusionary housing requirements
notwithstanding whether any portion of the site is disposed to an affordable housing developer.
Public Financing Analysis: Based on one to three viable development scenarios, RSG would
then evaluate potential public-private partnership (P3) financing resources that could be used to
assist in the closing of feasibility gaps and/or expediting of absorption of proposed land use
types. At this stage, we anticipate considering both tax increment financing districts as well as
a community facilities district to finance the cost of public improvements to enhance the
overall viability of development. In part, these public financing studies would be designed to not
only project potential revenues but also provide key considerations to engage third parties (such
as other taxing agencies) to maximize the possible scale and benefits of these tools.
Development Disposition and Implementation Strategy: RSG understands that the City is
currently leaning towards controlling the site itself rather than selling to a master developer. The
findings from the work above would feed into a recommended phasing plan and timeline for
how redevelopment may occur given know conditions and assumptions made by RSG. The
phasing plan would reveal portions of the project that may have market strength in the near
future and be potential candidate parcels that could be entitled and/or sold off to developers
through a competitive process.
Under the present version of the Surplus Lands Act, the City may need to offer some or all of the
property to housing sponsors (generally affordable housing developers), or at least ascertain if
the property is exempt from this law. This may affect not only potential development but also the
approach taken to disposition. RSG would assist City staff and the City attorney navigate the
Surplus Lands Act by making recommendations on disposition as well as handling any surplus
declarations and notices that may be warranted.