HomeMy WebLinkAboutCDC/2010-011
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RESOLUTION NO. cDC/2oio-i
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE AGENCY AND ROSENOW SPEVACEK GROUP, INC.,
FOR PROGRAM AND COMPLIANCE MONITORING SERVICES FOR
DEFINED PORTIONS OF THE NEIGHBORHOOD STABILIZATION
PROGRAM ("NSP") AND OTHER AGENCY HOUSING PROGRAMS
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") has
identified a need to seek assistance in the compliance monitoring of the Agency's existing low and
moderate income housing units and in addition, assistance in the eligibility determination of new
participants as well as the on-going program compliance monitoring of the Agency's affordable
and maintenance covenants agreements; and
WHEREAS, it is the intention of the Agency to contract oversight and compliance
monitoring services for the Neighborhood Stabilization Program ("NSP") and other Agency
financed housing Programs to a professional services organization specializing in redevelopment,
affordable housing, financial management consulting and compliance monitoring services having
experience working with local redevelopment agencies and their various funding sources including
Low and Moderate Income Housing Set-aside Funds, HOME Funds and NSP Funds; and
WHEREAS, Rosenow Spevacek Group, Inc. (the "Consultant"), has numerous years of
experience and expertise in all areas of oversight services and compliance monitoring services in
accordance with Title III of the Housing and Economic Recovery Act of 2008 ("HERA"), HCD
housing and compliance reports, including AB 987 requirements and guidelines set forth by the
United States Department of Housing and Urban Development (HUD) and the State of California
Health and Safety Code, Division 24 -Housing and Community Development; and
WHEREAS, the Agency seeks to engage the services of the Consultant to carryout oversight
and compliance monitoring services for defined portions of its federally funded NSP activities in
addition to other Agency financed housing projects utilizing Redevelopment Housing Set-Aside
I Funds and HOME Funds.
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1 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
2 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
3 FOLLOWS:
4 Section 1. The Commission hereby approves the Agreement by and between the
5 Agency and the Consultant in the form as attached hereto as Exhibit "1" and as presented to the
6 Commission upon adoption of this Resolution, and the Commission hereby authorizes the Interim
7 Executive Director of the Agency to execute the Agreement on behalf of the Agency together with
8 such technical and conforming changes as may be recommended by the Interim Executive Director
9 of the Agency and approved by Agency Counsel.
10 Section 2. The Resolution shall become effective immediately upon its adoption.
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1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
2 THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT
3 AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND
4 BETWEEN THE AGENCY AND ROSENOW SPEVACEK GROUP, INC.,
FOR PROGRAM AND COMPLIANCE MONITORING SERVICES FOR
5 DEFINED PORTIONS OF THE NEIGHBORHOOD STABILIZATION
PROGRAM ("NSP") AND OTHER AGENCY HOUSING PROGRAMS
6
~ I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a joint regular meeting
9 thereof, held on the 4th day of January , 2010, by the following vote to wit:
10 Commission Members: Ayes Nays Abstain Absent
11 ESTRADA x
12 BAXTER x
13 BRINKER x
14 SHORETT x
15 KELLEY x
16 JOHNSON x
17 MC CAMMACK ~
___ _...~
18 ~..._.~
19 Secretary
20 The foregoing Resolution is hereby approved this ..-~'~~ day of January , 2010.
21
22 ~
Pat 'ck J. .orris, Chairp son
23 Community Development Commission
of the City of San Bernardino
24
Approved as to Form:
25
26
By:
27 Agenc o sel
28
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (the "Agreement") is made and entered into as of
January 4, 2010, by and between the Redevelopment Agency of the City of San Bernardino
("Agency"), a public body, corporate and politic, and Rosenow Spevacek Group, Inc.,
("Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE
PARTIES HERETO AGREE AS FOLLOWS:
SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "A" shall be
responsible for the direction of any work to be performed by the Consultant and any other
consultants or subconsultants to the Agency under this Agreement. The Consultant shall not
undertake any work under the terms of this Agreement, unless instructed to do so by one of
the designated staff members. No other staff member is authorized by the Agency to request
services from the Consultant.
2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first
appearing in this Agreement and will continue for one (1) year thereafter with an option to
extend two (2) additional one (1)-year terms for a total of three (3) years. The Agency
reserves the right through the actions of the Interim Executive Director of the Agency to
terminate this Agreement at anytime either with or without cause and at the sole
convenience of the Agency upon delivery of notice of termination to the Consultant,
provided, however, that upon the effective date of any such termination, the Agency shall be
responsible to pay and/or reimburse the Consultant for all services, materials and supplies as
may have been furnished to the Agency in accordance with the Scope of Services as
referenced in Section 3.
3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to
provide the professional consulting services set forth in the Scope of Services attached
hereto as Exhibit "B" and incorporated herein by this reference. The Consultant hereby
agrees to perform the work set forth in the Scope of Services, in accordance with the terms
of this Agreement. The Consultant shall perform the services as set forth on said Scope of
Services within the time periods to be identified by the appropriate Agency representative.
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4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to exceed
Thirty-Two Thousand Five Hundred Dollars ($32,500.00) for completion of the
services described in the Scope of Services set forth in Exhibit "B."
B. The compensation designated in subsection 4.A. shall be the Total Fee for the
performance of the work and the delivery of the final work product materials, as set
forth in the Scope of Services. The Total Fee shall include, but not be limited to, the
salaries of all subcontractors retained by the Consultant and all employees of the
Consultant to perform work pursuant to this Agreement and shall be inclusive of all
costs and expenses incurred for mileage, travel, graphics, telephone, printing, fax
transmission, postage, copies and such other expenses related to completion of the
work set forth in the Scope of Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant
under this Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: Carey K. Jenkins, Director of Housing and Community Development
201 North "E" Street, Suite 301
San Bernardino, California 92401
E. Each invoice of the Consultant shall set forth the time and expenses of the
Consultant incurred in performance of the Scope of Services, during the period of
time for which the invoice is issued. Each invoice of the Consultant shall clearly set
forth the names of the individual personnel of the Consultant and any individual sub-
consultants utilized by the Consultant, during the time period covered by the invoice,
a description of the professional services rendered on a daily basis by each named
individual during such time period, the respective hourly rates of each named
individual and the actual time expended by each named individual. Each invoice of
the Consultant shall be accompanied by copies of all third party invoices for other
direct costs incurred and paid by the Consultant during such time period. The
Agency shall pay all amounts set forth on the invoices of the Consultant and
approved by the authorized Agency Staff personnel who requested the services,
within thirty (30) days after such approval.
5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all
other records pertaining to the use of funds paid to the Consultant hereunder shall be
retained by the Consultant and shall be available to the Agency for examination and for
purposes of performing an audit for a period of five (5) years from the date of expiration or
termination of this Agreement or for a longer period, as required by law. Such records shall
be available to the Agency and to appropriate county, state or federal agencies and officials
for inspection during the regular business hours of the Consultant. If the Consultant does
not maintain regular business hours, then such records shall be available for inspection
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between the hours of 9 a.m. and 5 p.m. Monday through Friday, excluding federal and state
government holidays. In the event of litigation or an audit relating to this Agreement or
funds paid to the Consultant by the Agency under this Agreement, such records shall be
retained by the Consultant until all such litigation or audit has been resolved.
Additionally, the Consultant shall assist the Agency with preparing electronic files for each
transaction to be monitored. Such electronic files shall be retained by the Agency and
updated, as needed, by the Consultant. Updates to each file shall be forwarded to the
Agency on an as-needed basis.
6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the
Agency, its officers, employees, representatives, and agents from and against any and all
actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal
costs and attorneys fees, for injury or damage of any type claimed as a result of the negligent
acts or omissions of the Consultant, its officers, employees, subcontractors and agents, to the
extent arising from or related to negligent performance by the Consultant of the work
required under this Agreement.
7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit "C" to this
Agreement, throughout the term of this Agreement. The Consultant shall remain liable to
the Agency pursuant to Section 6 above to the extent the Consultant is not covered by
applicable insurance for all losses and damages incurred by the Agency that are caused
directly or indirectly through the actions or inactions, willful misconduct or negligence of
the Consultant in the performance of the duties incurred by the Consultant pursuant to this
Agreement.
8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND
INFORMATION. All maps, photographs, data, information, reports, drawings,
specifications, computations, notes, renderings, designs, inventions, photographs,
modifications, adoptions, utilizations, correspondence or other documents generated by or
on behalf of the Consultant for performance of the work (collectively, the "Work Products")
set forth in the Scope of Services shall upon payment for those services embodying the
particular element of the Work Products, become the sole property of the Agency, and the
Work Products shall thereafter be delivered to the Agency upon written request from the
Agency to the Consultant. The Consultant shall not make use of any maps, photographs,
data, information, reports, drawings, specifications, computations, notes, renderings,
designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or
other documents and other materials whether for marketing purposes or for use with other
clients when such have become the property of the Agency without the prior express written
consent of the Agency except to the extent that such maps, photographs, data, information,
reports, drawings, specifications, computations, notes, renderings, designs, inventions,
photographs, modifications, adoptions, utilizations, correspondence or other documents are
readily available to the general public as public records pursuant to State law; provided,
however, that the Consultant may retain copies of any such items for their business records.
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The Consultant shall execute, acknowledge and perform any and all acts which shall
reasonably be required in order for the Agency to establish unequivocal ownership of the
maps, photographs, data, information, reports, drawings, specifications, computations, notes,
renderings, designs, inventions, photographs, modifications, adoptions, utilizations,
correspondence or other documents and record, register and procure an issuance in or to the
Agency's rights, title and/or interest. Any reuse without written verification or adaptation
by the Consultant for the specific purpose intended, will be at the Agency's sole risk and
without liability or legal exposure to the Consultant.
9. PRESS RELEASES. Press or news releases, including photographs or public
announcements, or confirmation of the same related to the work to be performed by the
Consultant under this Agreement shall only be made by the Consultant with the prior written
consent of the Agency.
10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall
keep confidential all reports, survey notes and observations, information, and data acquired
or generated in performance of the work set forth in the Scope of Services, which the
Agency designates confidential. None of such designated confidential materials or
information may be made available to any person or entity, public or private, without the
prior written consent of the Agency.
11. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Agreement to perform any material term or
provision of this Agreement shall constitute a default under this Agreement;
provided, however, that if the party who is otherwise claimed to be in default by the
other party commences to cure, correct or remedy the alleged default within seven
(7) calendar days after receipt of written notice specifying such default and shall
diligently complete such cure, correction or remedy, such party shall not be deemed
to be in default hereunder.
B. The party which may claim that a default has occurred shall give written notice of
default to the party in default, specifying the alleged default. Delay in giving such
notice shall not constitute a waiver of any default nor shall it change the time of
default; provided, however, the injured party shall have no right to exercise any
remedy for a default hereunder without delivering the written default notice, as
specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any
default shall not operate as a waiver of any default or of any rights or remedies
associated with a default. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the parties
under this Agreement are cumulative and the exercise by any party of one or more of
such rights or remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any other default by the
other party.
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D. In the event that a default of any party to this Agreement may remain uncured for
more than seven (7) calendar days following written notice, as provided above, a
"breach" shall be deemed to have occurred. In the event of a breach, the injured
party shall be entitled to seek any appropriate remedy or damages by initiating legal
proceedings.
12. TERMINATION.
A. This Agreement may be terminated by either party for any reason by giving the other
party thirty (30) calendar days' prior written notice. The Agency shall pay the
Consultant for all work authorized by the Agency and completed, prior to the
effective termination date.
B. In the event of a termination of this Agreement under this Section 12, the Consultant
shall provide all documents, notes, maps, reports, data or other work product
developed in performance of the Scope of Services of this Agreement to the Agency,
within ten (10) calendar days after such termination and without additional charge to
the Agency.
13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in
person or by certified or registered United States mail, return receipt requested, postage
prepaid or by overnight delivery by a nationally recognized delivery service to the addresses
set forth below. Notice presented by United States mail shall be deemed effective on the
third business day following the deposit of such Notice with the United States Postal
Service. This Section 13 shall not prevent the parties hereto from giving notice by personal
service or telephonically verified fax transmission, which shall be deemed effective upon
actual receipt of such personal service or telephonic verification. Either party may change
their address for receipt of written notice by notifying the other party in writing of a new
address for delivering notice to such party.
CONSULTANT: Rosenow Spevacek Group, Inc.
309 West 4th Street
Santa Ana, California 92701-4502
Attention: Felise Acosta
Phone: (714) 541-4585
Fax: (714)541-1175
AGENCY: Redevelopment Agency of the City of San Bernardino
Attention: Emil A. Marzullo, Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
Phone: (909) 663-1044
Fax: (909) 888-9413
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14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state and federal
laws, including, but not limited to, environmental acts, rules and regulations applicable to
the work to be performed by the Consultant under this Agreement. The Consultant shall
maintain all necessary licenses, including a City of San Bernardino Business License, and
registrations for the lawful performance of the work required of the Consultant under this
Agreement.
15. NON-DISCRIMINATION. The Consultant shall not discriminate against any person on the
basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical
handicap in the performance of the Scope of Services of this Agreement. Without
limitation, the Consultant hereby certifies that it will not discriminate against any employee
or applicant for employment because of race, color, religion, sex, marital status of national
origin. Further, the Consultant shall promote affirmative action in its hiring practices and
employee policies for minorities and other designated classes in accordance with federal,
state and local laws. Such action shall include, but not be limited to, the following:
recruitment and recruitment advertising, employment, upgrading and promotion. In
addition, the Consultant shall not exclude from participation under this Agreement any
employee or applicant for employment on the basis of age, handicap or religion in
compliance with State and Federal laws.
16. CONSULTANT AND EACH SUBCONTRACTOR ARE INDEPENDENT
CONTRACTORS. The Consultant shall at all times during the performance of any work
described in the Scope of Services be deemed to be an independent contractor. Neither the
Consultant nor any of its subcontractors shall at any time or in any manner represent that it
or any of its employees are employees of the Agency or any member agency of the Agency.
The Agency shall not be requested or ordered to assume any liability or expense for the
direct payment of any salary, wage or benefit to any person employed by the Consultant or
its subcontractors to perform any item of work described in the Scope of Services. The
Consultant is entirely responsible for the immediate payment of all subcontractor liens.
17. SEVERABILITY. Each and every section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this
Agreement or the application thereof to certain circumstances shall be declared invalid or
unenforceable, the remainder of this Agreement, or the application of such term or provision
to circumstances other than those to which it is declared invalid or unenforceable, shall not
be affected thereby, and each term and provision of this Agreement shall be valid and
enforceable to the fullest extent permitted by law.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties. This Agreement supersedes all prior negotiation, discussions and agreements
between the parties concerning the subject matters covered herein. The parties intend this
Agreement to be the final expression of their agreement with respect to the subjects covered
herein and a complete and exclusive statement of such terms.
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19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or amended
by written instrument duly approved and executed by each of the parties hereto. Any such
modification or amendment shall be valid, binding and legally enforceable only if in written
form and executed by each of the parties hereto, following all necessary approvals and
authorizations for such execution.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
California. Any legal action arising from or related to this Agreement shall be brought in
the Superior Court of the State of California in and for the County of San Bernardino.
21.NON-WAIVER. Failure of either party to enforce any provision of this Agreement shall not
constitute a waiver of the right to compel enforcement of the same provision or any
remaining provisions of this Agreement.
22. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the prior
written consent of the Agency.
23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons
executing this Agreement warrant that they are duly authorized to execute this Agreement
on behalf of and bind the parties each purports to represent.
24. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one (1) or more
counterparts, each of which will constitute an original.
25. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall not
be binding on the Agency until signed by an authorized representative of the Consultant,
approved by the Agency and executed by the Interim Executive Director or his designee.
26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests
adverse to the Agency or the City at the time of execution of this Agreement. The
Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not
enter into any agreement or acquire any interests detrimental or adverse to the Agency or the
City. Additionally, the Consultant hereby represents and warrants to the Agency that the
Consultant and any partnerships, individual persons or any other party or parties comprising
the Consultant, together with each subcontractor who may hereafter be designated to
perform services pursuant to this Agreement, do not have and, during the term of this
Agreement, shall not acquire any property ownership interest, business interests,
professional employment relationships, contractual relationships of any nature or any other
financial arrangements relating to the Agency, property over which the Agency has
jurisdiction or any members or staff of the Agency that have not been previously disclosed
in writing to the Agency, and that any such property ownership interests, business interests,
professional employment relationships, contractual relationships of any nature or any other
financial arrangements will not adversely affect the ability of the Consultant to perform the
services to the Agency as set forth in this Agreement.
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27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship between
the Agency and the Consultant for the services set forth in Exhibit "B" or any similar or
related services. The Agency may, during the term of this Agreement, contract with other
consultants for the performance of the same, similar or related services as those that may be
performed by the Consultant under this Agreement. The Agency reserves the discretion and
the right to determine the amount of services to be performed by the Consultant for the
Agency under this Agreement, including not requesting any services at all. This Agreement
only sets forth the terms upon which any such services will be provided to the Agency by
the Consultant, if such services are requested by the Agency, as set forth in this Agreement.
28. CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY. The Agency and
the Consultant agree that except as otherwise provided in this Section 28, in no event will
either be liable to the other under this Agreement for any damages including, but not limited
to, special damages, loss of revenue, loss of profit, operating costs or business interruption
losses, regardless of cause, including breach of contract, negligence, strict liability or
otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply
regardless of fault, breach of contract, tort, strict liability or otherwise of the Consultant and
the Agency, their employees or sub-consultants.
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In Witness Whereof, the parties hereto have caused this Agreement to be executed as of the
date indicated next to the authorized signatures of the officers of each of them as appear below.
AGENCY
Redevelopment Agency of the City of San Bernardino
a public body, corporate ~~„politic
7 . ` _N~
Dated: r~ By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By:
Timothy a ,Agency Counsel
CONSULTANT
Rosenow Spevacek Group, Inc.
/ ~; _._.
Dated: ,~/%y'"!, ~ .`? ~/-~.I i- By:' `~' ~ y,~ ,~.~,~,;'
?'-`-
Name: Felise Acosta
Title: Princ
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EXHIBIT "A"
SUPERVISORY STAFF PERSONNEL
A~enc. S~ Emil A. Marzullo, Interim Executive Director
Carey K. Jenkins, Director of Housing and Community Development
Lisa A. Connor, Assistant Project Manager
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EXHIBIT "B"
SCOPE OF SERVICES AND COSTS
APPROACH
The Redevelopment Agency of the City of San Bernardino (the "Agency") which operates as the
City of San Bernardino Economic Development Agency is seeking consultant services to perform
key program and compliance monitoring functions for defined portions of its federally funded
Neighborhood Stabilization Program ("NSP") in addition to other Agency financed housing
programs utilizing Redevelopment Housing Set-Aside Funds and HOME Funds.
These projects include an active down payment assistance program targeting first-time home
buyers and various affordable housing developments throughout the City that have been produced
over the past several years. Each of these Agency assisted properties has affordability and other
programmatic covenants tied them that require ongoing monitoring and verification of program
compliance based on their respective funding source(s).
At present, the Agency has approximately Five Hundred Twenty-Four (524) low- and moderate-
income housing units that require on-going program compliance monitoring. The majority of these
units were funded with Agency Low and Moderate Income Housing Funds. Many of these units are
owned by single-family home owners that have participated in the Agency's home ownership
program. Other units are a part of larger-scale residential developments and require regularly
scheduled compliance monitoring.
It is anticipated this list will increase substantially in the coming years as new projects are
developed requiring on-going compliance monitoring. Many of these future projects will be
funding by multiple Agency sources.
SCOPE OF SERVICES
The functional requirements of the Agency under this Scope of Services are as follows:
1. Initially screen applicants - potential homeowners and/or prospective tenants - in
accordance with the Agency's various housing programs to ensure they comply with the
applicable funding source and other United States Department of Housing and Urban
Development ("HUD") and/or Housing Set-aside Fund eligibility requirements, such as
household income limits.
2. Determining the status of project compliance with resident income limits based on the
review of paystubs and W-2's and occupancy summary reports, pursuant to the
program/regulatory agreement requirements, which may require site visits.
3. When applicable, provide on-going monitoring of income eligibility on an annual basis for
residents participating in the Agency's various housing programs.
4. Verification of compliance with owner occupancy requirements through such methods as
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obtaining periodic owner occupancy affidavits and occasional site visit interviews, as
necessary.
5. Prepare affidavits that require owners, to affirm continued compliance with provisions of
promissory note and applicable covenant agreement.
6. Report any findings of compliance and/or non-compliance to the program participants and
the Agency.
7. Research property ownership records when ownership changes have occurred and determine
how this affects Agency programmatic and security interests.
8. Provide detailed recommendations to the Agency to remedy any programmatic and/or
monetary events of default incurred by program participants and be able to execute those
recommendations given Agency authority to do so.
9. Review owner income determinations to establish that restricted units have been owned and
are occupied by eligible households, pursuant to the program regulatory agreement
requirements. This may include reviewing primary source income documentation, for
example IRS tax returns, bank statements, etc.
10. Gather documents, maintain project information electronically and transmit information to
the Agency in a report format acceptable to the Agency for each monitored project on a
quarterly basis. Because of the number of projects and the various funding sources used,
this report may have to be developed and submitted by funding source.
The above listed monitoring activities/services require familiarity with the HUD HOME Investment
Partnerships Program and its underlying Community Development Block Grant ("CDBG")
Program objectives, Redevelopment Agency Low and Moderate Income Housing Funds, the
recently instituted HUD Neighborhood Stabilization Program ("NSP"), and the Internal Revenue
Service's regulations as applied to tax-exempt housing revenue bonds.
In addition, the Consultant must understand and be familiar with other non-City affordable housing
program restrictions, which may overlay and affect how the Agency's regulatory agreements are
monitored, for example Low-Income Housing Tax Credits.
COST PROPOSAL
RSG's total not-to-exceed budget for this engagement on atime-and-materials basis is based on the
following activities:
Thirty-Two Thousand Five Hundred Dollars ($32,500.00) per annum for:
1. The monitoring of approximately five hundred twenty-four (524) existing affordable
housing units.
2. Initially qualify new program participants under the Agency's NSP Intermediary Services
component.
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3. Set-up each additional Agency sponsored affordable housing unit.
4. Monitoring of single-family, owner-occupied residences under the Agency's HAP, NSP or
related programs.
5. Monitoring of multi-family and/or senior residential properties for Agency sponsored large
scale developments.
The Consultant fee is based upon an estimate of the number of annual hours needed for each task.
If the Scope of Services is substantially changed in the future, the Consultant will notify the City
and request a fee adjustment. The annual fee, using December 2009 as a base, may be subject to an
annual increase based on increases with the published Consumer Price Index (CPI) pertinent to San
Bernardino~Riverside County. Such a review of the CPI shall occur prior to the extension of each
one (1)-year contract renewal and shall be subject to verification by the Agency should a request for
a fee increase arise.
All services will be billed on atime-and-materials basis at the following hourly rates:
Principal /Director $ 195
Senior Associate $ 160
Associate $ 140
Senior Analyst $ 110
Analyst $ 100
Research Assistant $ 90
Technician $ 70
Clerical $ 60
Reimbursable Expenses Cost plus 10%
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EXHIBIT "C"
INSURANCE REQUIREMENTS
The Consultant shall maintain insurance policies issued by an insurance company or
companies authorized to do business in the State of California and that maintain during the term of
the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most current
edition of "Bests Insurance Guide," as follows:
(1) Comprehensive General Liability Insurance. The Contractor shall maintain
comprehensive general liability insurance of not less than One Million
Dollars ($1,000,000.00) combined single limit, per occurrence.
(2) Automobile Insurance. The Consultant and each of its subcontractors shall
maintain comprehensive automobile liability insurance of not less than One
Hundred Thousand Dollars ($100,000.00) combined single limit per
occurrence for each vehicle leased or owned by the Consultant or its
subcontractors and used in performing work under this Agreement.
(3) Worker's Compensation Insurance. The Consultant and each of its
subcontractors shall maintain worker's compensation coverage in accordance
with California workers' compensation laws for all workers under the
Consultant's and/or subcontractor's employment performing work under this
Agreement.
(4) Errors and Omissions Coverage. The Consultant shall maintain an insurance
policy covering liability for errors and omissions of the Consultant in
performing the Scope of Services of this Agreement in an amount of not less
than One Million Dollars ($1,000,000.00).
Concurrent with the execution of this Agreement and prior to the commencement of any
work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates
evidencing the existence of the insurance coverage required herein, which coverage shall remain in
full force and effect continuously throughout the term of this Agreement. Each policy of insurance
that the Consultant purchases in satisfaction of the insurance requirements of this Agreement shall
name the Agency as an additional insured and shall provide that the policy may not be cancelled,
terminated or modified, except upon thirty (30) days prior written notice to the Agency.
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