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HomeMy WebLinkAboutR29- Economic Development Agency CITY OF SAN BERNARDINO ORIGINAL ECONOMIC DEVELOPMENT AGENCY FROM: Emil A.Marzullo SUBJECT: Veronica Tam & Associates, LLC - Interim Executive Director Professional Services Agreement for consultant services DATE: September 29,2009 ------------------------------------------------------------------------------------------------------------------------------------------------ -- Synopsis of Previous Commission/Council/Committee Action(s): At a Special Redevelopment Committee meeting on September 28, 2009, Redevelopment Committee Members Johnson and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Recommended Mation(s): (Community Development Commission) 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 Veronica Tam & Associates, LLC for professional consultant services Contact Person(s): Carey K.Jenkins/Lisa Connor Phone: (909)663-1044 Project Area(s): City-wide Ward(s): All Supporting Data Attached: 0 Staff Report 0 Resolution(s)0 Agreement(s)/Contract(s) ❑ Map(s) ❑ Letter(s) Funding Requirements: Amount: $ 118,250 Source: 2009-2010 CDBG Administrative Funds Budget Authority: EDA FY 2009-2010 Budget Signature: Fiscal Revie v--� Emi A. Marzullo, Interim Execu[' Director ss DeJ us erim Ad ive Services Director Commission/Council Notes: GSO ��/ilo20G/ f_ P�j ---------------------------------------------------------------------------- ------------------------------------------------—----------------------------------- P\Agendas\Comm De Commissbn\CDC 2NMIMS-09 Vemnica Tam,LLC.Pmfasioul Services Agrmment SRdoc COMMISSION MEETING AGENDA Meeting Date: 10/05/2009 Agenda Item Number: ECONOMIC DEVELOPMENT AGENCY STAFF REPORT VERONICA TAM & ASSOCIATES,LLC-PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES BACKGROUND: The United States Department of Housing and Urban Development ("HUD") requires that any local government receiving HUD Federal grant monies, submit a Consolidated Plan(the "Plan")and the Analysis of Impediments to Fair Housing Choice ("Analysis") every five (5) years. The City of San Bernardino's ("City") existing documents expire in May 2010 and the City is mandated to submit its new Consolidated Plan covering program years 2010-2015, by May 15, 2010. The Plan is a means to meet the application requirements for the Community Development Block Grant ("CDBG"), HOME Investment Partnerships ("HOME"), Emergency Shelter Grant ("ESG"), and Housing Opportunities for Persons with AIDS ("HOPWA") formula programs. The City receives, annually, CDBG, ESG, and Federal HOME Funds in the approximate amount of$3.6 million. The Plan is designed to be a collaborative process whereby a unified vision for community development is established and also offers local jurisdictions the opportunity to shape the various housing and community development programs into effective, coordinated strategies. It also creates the opportunity for strategic planning and citizen participation to take place in a comprehensive fashion and to reduce duplication of service delivery efforts at the local level. The statutes for these grant programs set forth three (3) basic goals against which the Plan and the City's corresponding performance associated with it will be evaluated by HUD. The statutory program goals are as follows: 1)Decent Housing; 2) Suitable Living Environment and 3) Expanded Economic Opportunities. CURRENT ISSUE: The City's existing Plan identifies eight (8) "high priorities" set forth for Fiscal Years 2005-2010: High Priority 41: Preservation and Rehabilitation of Existing Single Family Dwellings. High Priority#2: Expand Homeownership Opportunities and assist Homebuyers with the Purchase of Affordable Permanent Housing(Existing and New Construction). High Priority 43: Provide Rental Assistance and Preserve Existing Affordable Rental Housing. High Priority#4: Assist Homeless and"Special Needs" Persons with Supportive Services. High Priority#5: Expansion of"Affordable" Housing through New Construction. High Priority#6: Promotion of Economic Development and Employment Opportunities for Low-and Moderate-Income Households. High Priority#7: Expand and Improve Infrastructure to Meet Current and Future Needs. --------------------------—---------------------------------------------------------------------------------------------------- PUgeadu\CommNvCmmmma\CDC2009\1M5-W Vmnm TUR LLC,ROrusmnal service AWcemem 9R.d. COMMISSION MEETING AGENDA Meeting Date: 10/05/2009 Agenda Item Number: A201 Economic Development Agency Staff Report Veronica Tam &Associates, LLC, Professional Services Agreement Page 2 High Priority#8: Elimination of Identified Impediments to Fair Housing through Education, Enforcement,and Testing. Once the agreement is executed, the consultant will review these and other City priorities and submit them to various stakeholder groups for consideration during the public vetting process. This process will also include input from the Mayor and members of the City Council to insure the proposed priorities are consistent with City goals and policy objectives. The Analysis is also a requirement of HUD and identifies the following: applicable federal, state, and local laws and policies; public and private impediments within the San Bernardino housing market; and, policy recommendations to address existing housing issues. This document will serve as a guide for maintaining and furthering local housing policies and will emphasize the City's commitment to fair housing choice. On August 17, 2009, Agency Staff prepared and distributed a Request for Proposals ("RFP") to thirteen (13) consultant firms soliciting proposals to prepare the Five-Year Plan and Analysis. The respondents were requested to prepare a proposal to meet all the requirements of the federal regulations as it relates to the Plan and Analysis. The thirteen (13) firms were: Godde Research, Civic Solutions, PBSJ, Hogle-Ireland, CAA Planning, Brandman, PMC World, RBF Consultants, Templeton Planning, Ultra Systems, Veronica Tam & Associates, LLC ("VTA"), The Planning Center and Zucker Systems. On September 1, 2009, three (3) firms, The Planning Center, PMC World and VTA submitted responses to the RFP for the preparation of the Analysis: Analysis of Impediments to Fair Housin g Choice Consultant Cost The Planning Center Costa Mesa) $69,910 Veronica Tam &Associates, LLC Pasadena $59,125 PMC World (Torrance) $31,610 And, of the these three (3)firms only two (2) submitted bids for preparation of the Plan as follows: Five-Year Consolidated Plan Consultant Cost PMC World(Torrance) $60,055 Veronica Tam &Associates, LLC Pasadena $59,125 A review team, consisting of three (3) Agency Staff members, reviewed and rated the proposals based on the consultant's background and experience (40 pts.); ability to meet HUD submission date (30 pts.); Consultant's methodology used to meet the City's federal and State requirements (20 pts.); and references (10 pts.). The average rating of all three (3) scores were as follows: i I ----------------------------------------------------------------------- --- -- ----- ------------------- P\Agendu\C ..m v0..ssion\CDC 3009\10-05-0 Vwn ka Tem,LLC,PmfalnnalSmi.9A,...m$Rd.. COMMISSION MEETING AGENDA Meeting Date: 10/005/2009/2 Agenda Item Number: 7q Economic Development Agency Staff Report Veronica Tam &Associates, LLC, Professional Services Agreement Page 3 Analysis of Impediments to Fair Housin g Choice Consultant Score Veronica Tam &Associates, LLC (Pasadena) 96 The Planning Center 84 PMC World 85 Five-Year Consolidated Plan Consultant Score Veronica Tam&Associates, LLC (Pasadena) 96 PMC World 88 The organization recommended for preparation of the Analysis and the Plan is Veronica Tam & Associates (VTA). VTA will work in collaboration with Hogle-Ireland with VTA overseeing the preparation of the Analysis and the Plan and serving as Principal-in-Charge. Veronica Tam will be the main point of contact for this engagement. Ms. Tam previously worked with Cotton/Bridges/Associates in the completion of numerous Analysis of Impediments reports for county consortiums and other large jurisdictions and has more than 19 years experience in housing policy development and program administration. VTA is headquartered in Pasadena, California, and has been in operation since 2005, has prepared Analysis for the cities of Alhambra, Apple Valley, Chino, Long Beach, Victorville and the County of San Diego. VTA has prepared Plans and Action Plans for various cities of all sizes such as Glendora, El Cajon, Alhambra, Camarillo, Chino, Huntington Beach,National City, Santee and the County or Riverside. ENVIRONMENTAL IMPACT: This action to approve a Professional Services Agreement for consulting services does not meet the definition of a"Project" under the California Environmental Quality Act("CEQA")pursuant to Section 15301. FISCAL IMPACT: The contract amount of$118,250 will be funded with 2009-2010 CDBG Administrative Funds. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. `mot / " /' Emil A. Marzullo, Interim ExAcutive Director ------ ————---—-- -------------------- -- -------------------------------------- P:\Agendas\Comm Dav Communion\CDC 2009\IO-05-09 Vemnia Tam,LLC,R fessional Services Agrenmem SR.doc COMMISSION MEETING AGENDA Meeting Date: 10/05/20009 Agenda Item Number: Ab I RESOLUTION NO. COPY 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION 3 OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES 5 AGREEMENT BY AND BETWEEN THE AGENCY AND VERONICA TAM 6 & ASSOCIATES,LLC FOR PROFESSIONAL CONSULTANT SERVICES 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") has a 8 need to retain Veronica Tam & Associates, LLC ("Consultant") to prepare the Analysis of 9 Impediments to Fair Housing Choice ("Analysis") and Five-Year Consolidated Plan (2010-2015); 10 and 11 WHEREAS, the Department of Housing and Urban Development (HUD) require any local 12 government receiving Federal grant monies to submit a Consolidated Plan document and an 13 Analysis of Impediments to Fair Housing Choice document every five years; and 14 WHEREAS, the Consultant has been determined to possess the necessary skills and 15 qualifications to carry-out the functions described in the Professional Services Agreement 16 ("Agreement"); and 17 WHEREAS, the Agency desires to retain the services of the Consultant and the Consultant 18 desires to provide such necessary services as set forth herein. 19 NOW, THEREFORE, THE.COMMUNITY DEVELOPMENT COMMISSION OF THE 20 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 21 FOLLOWS: 22 Section 1. The Interim Executive Director of the Agency or designee is hereby 23 authorized and directed to execute on behalf of the Agency, the Agreement by and between the 24 Agency and the Consultant to provide assistance to the Agency to include, but not be limited to, the 25 following: preparation of Five-Year Consolidated Plan and Analysis of Impediments to Fair 26 Housing Choice incorporating all the requirements of Federal regulations (24 CFR parts 91) and 24 27 CFR 570.904(c)(I) as it relates to both documents. \./ 28 1 P UpndasV mlutbnsV cwlutionU3 10 45-09 Vmnio Ts,LLC,Profasronal Services A,rt.m.,CDC Rao doc 1 Section 2. The Interim Executive Director of the Agency or designee is hereby 2 authorized to make minor corrections, additions, and clarifications to the Agreement, provided said 3 changes are approved by Agency Counsel and are not substantive in nature and do not increase the 4 monetary impact to the Agency. 5 Section 3. This Resolution shall take effect from and after its date of adoption by this 6 Commission. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 P�Sendas�moluwns�solut*ns��I MS-0 Vemnia Tan LLC,Pmfnsbnal Serv�Agr�ment CDC Rew�c 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND 2 AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE 3 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES 4 AGREEMENT BY AND BETWEEN THE AGENCY AND VERONICA TAM & ASSOCIATES,LLC FOR PROFESSIONAL CONSULTANT SERVICES 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 7 Development Commission of the City of San Bernardino at a meeting 8 thereof, held on the day of 2009, by the following vote to wit: Commission Members: Ayes Nays Abstain Absent 9 ESTRADA 10 BAXTER _ 11 BRINKER _ 12 SHORETT 13 KELLEY _ 14 JOHNSON _ 15 MC CAMMACK _ 16 17 18 Secretary 19 The foregoing Resolution is hereby approved this day of 12009. a 20 i 21 22 Patrick J. Moms, Chairperson Community Development Commission 23 of the City of San Bernardino 24 Approved as to Form: 25 26 By' Agency ou el "' 27 0 28 P Wg endas\Resolutions\kesolutoiu\20 10 45-0 Vponiu Tam,LLC,Pmfessionel5mices Agreement CDC Rao.EOc AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this "Agreement ") is made and entered into on this 5a' day of October 2009, by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (hereinafter referred to as the "Agency") and Veronica Tam & Associates, LLC (hereinafter referred to as the "Consultant"). WITNESSETH WHEREAS, the Consultant has over nineteen (19) years of experience in the preparation of Analysis of Impediments to Fair Housing Choice, Consolidated Plans,Actions Plans, and Consolidated Annual Performance and Evaluation Reports with various local and county governments; and WHEREAS, the Agency and the Consultant desire to enter into this Agreement to utilize the Consultant's services for the preparation of the City of San Bernardino Analysis to Fair Housing Choice as described in Exhibit "A" and Five (5)-Year Consolidated Plan as described in Exhibit "B" (the "Scope of Services") attached hereto and incorporated herein by reference and the Consultant accepts responsibilities as described herein. NOW, THEREFORE, in consideration of mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree to enter into this Agreement as follows: i� 1. TERMS. (a) This Agreement shall commence as of the day and year first above written and shall remain in full force and effect until such time as either party provides a written thirty (30)-day termination notice, and shall be subject to appropriate funding within the Agency's annual budget; provided, however, that the term of this Agreement shall not exceed a duration through and including May 15, 2010,unless otherwise amended in writing by the parties. (b) The Consultant shall perform work as requested and as needed by the Agency and promptly provide the finished product to the Agency. 2. CONSULTANT RESPONSIBILITIES. Upon the request of the Agency, the Consultant shall perform each element as needed of the work described in the Scope of Services, Exhibits"A"and `B". The Consultant commits the principal personnel listed below to the Scope of Services for the duration of this Agreement: Consultant: Veronica Tam&Associates, LLC 3. AGENCY RESPONSIBILITIES. The Consultant shall provide all supplies and materials necessary to accomplish the work in the Scope of Services, Exhibits "A" and `B". The Agency shall provide, in a reasonable timely fashion, the Consultant with any documentation, records, reports, statistics or other data or information pertinent to the Scope of Services, which are reasonably available to the Agency, and necessary to complete assignments. 1 P\Agendesl gende AnachmentsUpnda Anachmems\A,.tn mend 2009\@05-09 Veronica Tam.LLC,P.&.iosul S.kn Agmementdoac 4. CONFIDENTIALITY OF REPORTS. The Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, news release, firm, corporation, or entity without prior written consent of the Agency's Interim Executive Director or designee. 5. COMPENSATION. During the term of this Agreement, the Agency shall pay the Consultant on a monthly basis. Said compensation shall be considered full and complete reimbursement for all of the Consultant's costs associated with the services provided hereunder. The maximum compensation for services, including all of the Consultant's costs, under the terms of this Agreement, shall not exceed One Hundred Eighteen Thousand, Two Hundred Fifty Dollars ($118,250). The Consultant shall be paid on a monthly basis based on the percentage completion of each task. The Consultant shall be paid in accordance with the Agency's standard accounts payable system. Invoices shall be approved by the Interim Executive Director of the Agency or designee. 6. USE OF FUNDS. The funds paid to the Consultant shall be used solely for the purpose as set forth in this Agreement and in accordance with the Scope of Services. The Consultant shall remain in compliance with all state, federal and local laws prior to the receipt of any reimbursement hereunder. 7. NONDISCRIMINATION, MONITORING AND REPORTING WORK PERFORMANCE. The Consultant shall not discriminate because of race, color, national origin, creed, religion, sex, marital status or physical handicap. At the request of the Interim Executive Director of the Agency, or designee, the Consultant shall provide reports or other work products as required, no later than on agreed upon dates of completion. Failure to provide such work products may prevent payment of the Consultant's requests for compensation, and may justify the temporary withholding as provided herein. The Agency reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a finding by the Interim Executive Director of the Agency or designee that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the Agency. 8. CONFLICT OF INTEREST. The Consultant shall maintain a code or standard of conduct. The Consultant shall neither solicit nor accept gratuities, favors, or anything of monetary value for work completed under the Scope of Services. To the extent permissible by state laws, rules and regulations, the standards adopted by the Consultant shall provide for penalties, sanctions, or other disciplinary actions to be applied for violations of such standards by the Consultant. 2 P:Wgendes\Agenda AnachmentMpnda Attachments\Agrnns-Amend 20 UM5-0 Veronica Tun,LLC,Professional Services Agreement d= 9. INDEPENDENT CONTRACTOR The Parties intend that the relationship between them created under the Agreement is that of an independent contractor only. The Consultant shall perform each element of the work set forth in the Scope of Services as an independent contractor and shall not be considered an employee of the Agency. This Agreement is by and between the Consultant and the Agency, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee,partnership,joint venture, or association, between the Agency and the Consultant. The Agency is interested only in the results obtained under the Agreement; unless otherwise indicated and under unusual circumstances, the manner and means of performing the services are subject to the Consultant's sole control. The Consultant shall have no right or authority to bind or commit the Agency, unless specifically authorized in writing by the Interim Executive Director of the Agency in each specific instance. The Consultant shall not be entitled to any benefits, including, without limitation, worker's compensation, disability insurance, vacation or sick pay. The Consultant shall be responsible for providing at his expense, and in his name, disability, worker's compensation or other insurance. The Consultant assumes full and sole responsibility for, and shall therefore pay, any and all federal and state income taxes, Social Security, estimated taxes, unemployment taxes, and any other taxes incurred as a result of the compensation set forth herein. The Consultant agrees further to provide the Agency with proof of payment upon reasonable demand. The Consultant holds the Agency harmless from and against any and all claims, demands, losses, costs, fees, liabilities, taxes, penalties, damages or injuries suffered by the Agency (including, but not limited to, attorney fees and court costs, whether or not litigation is commenced) arising out of the failure of the Consultant to comply with this provision. Further, this right of indemnification shall apply to any and all claims, demands, losses, costs, fees, liabilities, taxes, penalties, damages and injuries suffered by the Agency as a result of the classification of the Consultant as independent contractor under this Agreement. The Parties understand and agree that the Consultant has clients other than the Agency. The Agency further agrees to allow the Consultant to pursue clients as necessary to the betterment of the Consultant's business. The Consultant's separate business engagements include, but are not limited to, real estate advisory and brokerage services, as well as other business formation, acquisition and expansion activities. 10. RECORDS. The Consultant shall keep full and accurate records of all consulting work performed under this Agreement. All records, content, sketches, drawings, prints, computations, charts, reports and other documentation made in the course of the consulting work performed hereunder, or in anticipation of the consulting work to be performed in regard to this Agreement, shall at all times, be and remain the sole property of the Agency and the Consultant shall turn over to the Agency all copies of the Work Records within seven(7) calendar days after a written request by the Agency. 11. BUSINESS LICENSESMN. The Consultant shall obtain a San Bernardino business license and provide the Agency with evidence that said license has been obtained on or before September 30, 2009. The Consultant agrees to keep said license current and valid throughout the term of this Agreement. 3 P UgendnUgeods An.hm.tMpnds Asnchmen Mpmts- end 2W IM5A Vemnics ism,LLC,Pmkssionsl Services Agr mentdoa The Consultant shall obtain a state and federal taxpayer identification number and shall provide evidence to the Agency that this number has been obtained. 12. RIGHT TO OBTAIN OTHER CONTRACTUAL ARRANGEMENTS. The Consultant at any time has the right to: (a) accept employment or other association with any person, redevelopment agency, city or company in the United States of America or any Territory thereof, or through media reasonably accessible by persons in the United States of America or any Territory thereof, or (b) in the United States of America or any Territory thereof, or through media reasonably accessible by Persons in the United States of America or any Territory thereof, engage in activities, projects or services similar in nature or competitive with those of the Agency, limited only by the confidential information described in Section 4, or (c) become employed by, associate with or otherwise engage any entity anywhere in the world. The Agency acknowledges that the provisions of this Section 12 are reasonable in light of the legitimate business needs of the Agency. 13. SUCCESSOR AND ASSIGNMENT. The services as contained herein are to be rendered by the Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of the Agency. 14. INDEMNIFICATION. The Consultant agrees to indemnify, defend and hold harmless the Agency and the City of San Bernardino ("City"), its agents, officers and employees from and against all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage arising out of this Agreement from the Consultant's or the Consultant's employees or agents negligence, errors or omissions connected with the services performed by or on behalf of the Consultant pursuant to this Agreement and only for which proceeds from valid collectible insurance is available to the Agency or the City. The costs, salary, and expenses of the Agency's legal counsel in enforcing this Agreement on behalf of the Agency shall be considered as "legal fees" for the purpose of this Section. 15. MODIFICATION. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by both parties. 16. CHOICE OF LAW. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by California law, excluding any laws that direct the application of another jurisdiction's laws. 17. COMPLIANCE WITH LAWS. (V� The parties agree to be bound by applicable federal, state, and local laws, regulations and directives as they pertain to the performance of this Agreement. 4 P:Acendas Agenda Anachmenis Agenda Anachmems Agnms-Amend_'OW 10-05-N Vemnice tam.UC.Pmfessiovl Services Agreemem.doen 18. SEVERABILITY. In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair, or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope of breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 19. INTERPRETATION. No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 20. CONTRACT EVALUATION AND REVIEW. The ongoing assessment and monitoring of this Agreement is the responsibility of the Interim Executive Director or designee. 21. ENTIRE AGREEMENT. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of the Consultant by the Agency and contains all the covenants and agreements between the parties with respect to such retention. 22. WAIVER. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy, shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 23. ARBITRATION. With the exception of matters in which equitable or injunctive relief is sought or required, the parties hereto shall submit all disputes relating to this Agreement, whether sounding in contract,tort, or both, to binding arbitration, in accordance with California Code of Civil Procedure Sections 1280 through 1294.2. Either party may enforce the award of the arbitrator under Section 1285 of the Code of Civil Procedure. The parties understand that they are waiving their rights to a jury trial. For matters in which equitable or injunctive relief is sought or required, a court of competent jurisdiction shall be the appropriate forum. The party demanding arbitration shall submit a written claim to the other party, setting out the basis of the claim and proposing the name of an arbitrator. The responding party shall have ten (10) business days in which to respond to this demand in a written answer. If this response is not timely made, or if the responding party agrees with the person proposed as the arbitrator, then the person named by the demanding party shall serve as the arbitrator. If the responding party submits a written 5 P:UVa . pad.Anuh..mt Apn&Attazhmentml n-A .M]999IM349 We .k.Tm LLC,Pmf sioW ServiusAgeementdoa answer rejecting the proposed arbitrator and the parties cannot otherwise agree on an arbitrator, on the request of either party the American Arbitration Association shall select an arbitrator. Except for �.. discovery(as detailed below), the mechanics of the arbitration shall be established by the arbitrator. Limited discovery shall be available. No more than thirty (30) days before the arbitration hearing, a party may serve a document request calling for any document that would be discoverable in civil litigation. The party served with this request shall deliver the requested documents and any objections within five (5) business days. The arbitrator may resolve any dispute over the exchange of documents. Thereafter, each parry may take no more than two (2) depositions, each of which shall last no more than four (4) hours each. The arbitrator may resolve any dispute over the depositions as they would be resolved in civil litigation. The parties agree that the arbitrator shall be authorized to award attorney fees and costs to the prevailing party. 24. NOTICE. Notices herein shall be presented in person or by certified or registered United States mail, as follows: To the Consultant: Veronica Tam &Associates, LLC 107 South Fair Oaks Avenue, Suite 212 Pasadena, California 91105 Phone: (626)304-0440 "- To the Agency: Emil A. Marzullo, Interim Executive Director Redevelopment Agency of the City of San Bernardino 201 North"Ell Street, Suite 301 San Bernardino, California 92401 Phone: (909) 663-1044 Fax: (909)663-2294 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 25. ENTIRE AGREEMENT. This Agreement, with Exhibits "A" and "B" constitutes the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the engagement of the Consultant by the Agency and the entire understanding of the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. No party has been induced to enter into _ this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. 6 P:UgendasV genda AnachmenWA&eMa AnachmentsUgrmts-Amend 2MI0 45-0 Veronica Tun,LLC,Professioml Sw ces Agreement d= IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year first written above. AGENCY Redevelopment Agency of the City of San Bernardino a public body, corporate and politic Dated: By: Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: Agency Co el CONSULTANT Veronica Tam &Associates, LLC Dated: By: 7 PAAgenduMgenda AnachmentMgenda AnachmentMlmtr .d 2009\IOA5A9 W.niu Tam,LLC,PmfeslonaI Service Agreement d. EXHIBIT A ® © + City of San Hernardnio Analysis of Impediments to Fair Housing Choice Page 1 SCOPE AND TECHNICAL APPROACH Given that the current San Bernardino City Analysis of Impediments (AI) to Fair Housing Choice contains 2000 Census data,much of the demographic and housing information based on the Census is still valid. We typically do not recommend using the between-Censuses American Community Survey (ACS) for specific policy planning due to the small sample size and resulting large margins of errors ACS data is used only as a reference. To the extent necessary and feasible, the AI will be reviewed and updated to reflect current market conditions, existing and projected housing needs, constraints, and available resources. The Al must also be reviewed for compliance with current State law. Recent changes in State law not covered in the current AI'include: • SB 520(reasonable accommodation procedures).. • AB 2634 (housing needs of extremely low income households, single-room occupancy housing) • SB 2 (emergency shelters for the homeless, transitional housing, and supportive housing) Task 1: Citizen Participation For the development of the Al,we Have included the following outreach components: i • Fair Housing Survey: We will use instrument such as the www.SurvevMonkey.com to develop a web-based survey where residents can respond to the survey online. Hard copy survey will also be provided in both English and Spanish. L . This survey can be combined with the Housing and Community Development Needs Survey we are also proposing for the Consolidated Plan. Please see VT'A's proposal for the Consolidated Plan. A joint survey will save on costs for administering the survey. • Community Meeting: We will conduct one community meeting to discuss fair housing issues residents, service providers, advocacy groups, housing professionals, and other fcommunity stakeholders. We anticipate this meeting will be chaired by the Community Development Citizens Advisory Committee (CDCAC). Special invitations will be sent to service providers, housing professionals, and community groups to solicit their participation. This meeting may be combined with the outreach meeting for the Consolidated Plan to save on costs. 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304. 05 i EXHIBIT A © +® City of San Bernardnio Analysis of Impediments to Fair Housing Choice Page 2 • Economic Development Agency: We will attend one meeting before the EDA to review the Draft Al. f This meeting may be combined with the meeting for the Consolidated Plan to save on costs. • City Council Public Hearing:We will attend one public hearing before the City Council for the adoption of the Al. Our budget assumes that the City will be responsible for all noticing requirements. Meetings: • One(1)community meeting • One (1)public meeting with EDA ( One(1) public hearing with City Council I Task 2: Al Update CTask 2.1: Evaluation of Current AIs and Progress toward Mitigating Impediments Identified We will conduct a review of the City's current Al to identify conditions and impediments that may no longer be relevant; and/or may have been partially mitigated; may not have been adequately addressed; and/or may be of increased concern. [ We will review the Housing Element, Consolidated Plan, Action Plans, and CAPERS to determine actions and programs as well as accomplishments with regard to expanding a range ( of housing choices and improving equal access to housing. Specifically, the State Housing l , Element law has been amended recently to require jurisdictions to address constraints to housing for persons with special needs, including emergency shelters, transitional housing, supportive housing,single-room occupancy units,and housing for persons with disabilities: • SB 520 (Reasonable Accommodation) • SIB 2 (Emergency Shelters, Transitional Housing, Supportive Housing) • AB 2634(SRO) l We will review the City's 2008-2014 Housing Element to address its compliance or approaches t to compliance with these provisions. fTask 2.2:Review of Fair Housing Services We will review the scope of work of the fair housing service provider to determine how the contracted services align with the recommendations of the current Al. We will interview the fair lhousing service provider to discuss accomplishments in mitigating the impediments and solicit suggestions regarding gaps of services and additional needs. 107 S.Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304-0005 EXHIBIT A I' OWN City of San Bernardnio Analysis of Impediments to Fair Housing Choice Page 3 Task 2.3:Community Profile Preparation of this community profile will rely on the Consolidated Plan Needs Assessment (see VTA proposal for Consolidated Plan). Overall, the Community Profile should cover the following: a) Demographic Profile to include the number and proportion of persons by race/ethnicity, age, disability, and familial status. This section will use an Index of Dissimilarity to measure housing segregation among ethnic groups. We will correlate these demographic characteristics with current and/or changing patterns of fair housing concerns. ( b) Income Profile to include income distribution of residents; evaluation of income differences and poverty levels between race and special needs populations; f concentration of low-income population by block group. c) Employment and Transportation Profile to map locations of major employment centers r that potentially offer jobs to minorities and persons with disabilities at the lower income l levels of the wage scale. We will also evaluate the relationship between public transportation,job centers,and lower income housing locations. d) Housing Profile to examine the implications of geography, diverse populations, and income discrepancies. A discussion of the housing profile will include the following variables: household size and overcrowding; housing type, tenure and vacancy; age of housing (and related lead-based paint concerns); ownership and rental housing costs; and housing affordability. Relationships between these housing characteristics and fair housing concerns will be included. e) Mapping of Planning Data will be prepared using geographic information system (GIS) to evaluate geographic relationships among the demographic, income,employment and transportation, and housing variables to identify potential impediments to fair housing choice. Types of maps to be included, but may vary depending on data availability and relevancy of specific issues, are: 1. Location of housing for seniors and disabled(e.g.,Section 202 and 811 projects) 2. Location of public and assisted housing (e.g., public housing, HUD-funded projects, and others as information is available) 3. Concentrations of Section 8 assistance (if available from the local housing authorities) 4. Main transit routes in relation to employment centers, lower income, and special needs populations, and assisted housing projects 5. Low and moderate income areas 6. Areas of racial/ethnic concentration 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304-0005 L. EXHIBIT A City of San Bernardnio Analysis of Impediments to Fair Housing Choice MUM Page 4 Task 2.4: Current Fair Housing Profile We will evaluate the current fair housing profile in the City,including the following: a) Assessment of current public and private fair housing program/activities to identify and describe existing programs, services, and activities that assist in the provision of fair I housing. b) Identify and describe fair housing practices and procedures of real estate associations and apartment owners associations. c) Contact and interview fair housing service provider, local nonprofit housing organizations,housing advocacy groups, and the local HUD office to obtain information on the nature and extent of fair housing complaints,violations, or suits against the City. Also included are: 1. Research of the prevalence of fair housing discrimination suit(s) filed by the Department of Justice, State Department of Fair Employment and Housing, and I_ other agencies. 2. Identification of the nature and extent of hate crimes in the City. 3. Discussion of other fair housing issues such as the impact of "NIMBYism' on housing choice. Task 2.5:Lending Practices t In light of the current lending market crisis, the discussions on lending practices in the current Al will be completely updated. Specifically,we will: �- a) Evaluate the lending patterns in the City using a variety of sources, including but not limited to, CRA rating and documentation avalable as a result of the HMDA. We will [ evaluate the following: 1. Foreclosure activities and other characteristics as available I( 2. Disposition of conventional home purchase, home improvement, and home refinancing loan applications by race and income of applicants 3. Disposition of government-backed home purchase and home improvement loan applications by race and income of applicants 4. Lending in low and moderate income areas 5. Lending in minority concentration areas 6. Top lenders in the City The 2008 HMDA data (to be released in September 2009) will be used for the lending analysis. We assume the City receives foreclosure data from the County Assessor's Office. , 107 S.Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304-0005 EXHIBIT A I © + ® City of San Bernardnio Analysis of Impediments to Fair Housing Choice Page 5 Task 2.6: Land Use and Zoning Policies In this task,we will analyze public policies and regulations for participating jurisdictions: a) We will review the Housing Element and interview staff to document compliance or approaches to compliance with the State Housing Element law. b) Evaluate the City's General Plan, Land Use Element in relation to the provision of housing choices. c) Assess the City's standards and procedures in terms of occupancy codes and reasonable accommodation procedures and determine their effect on access to housing. tl Task 2.7:Administrative Policy Review We will review the City's administrative policies to assess the potential impediments to fair housing, including sensitivity and fair housing training for staff, multilingual capability of code enforcement and housing programs staff, accessibility of public facilities (Section 504 and ADA compliance). Task 2.8: Conclusion and Recommendations We will identify appropriate plans of action to overcome or prevent the effects of the identified impediments in the Al. a) Revise plans of action from the current AI to address the identified impediments. b) Establish milestones/schedules of performance for actions to be taken. Timeline The Al is being prepared concurrently with the Consolidated Plan (due at HUD 45 days before l the new program year begins). To save on costs, we also propose combining the outreach process of the Al with that of the Consolidated Plan. Therefore, the Al is proposed to align with 1 the Consolidated Plan schedule. Drafting of the AI October 2009—March 2010 Community Meeting November/December 2009 Residents Survey November/December 2009 EDA Meeting March 2010 30-day Public Review of the Draft AI March 19—April 19,2010 City Council Public Hearing April/May,2010 l I� 107 S.Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304-0005 LEXHIBIT A ® © +© City of San Bernardnio Analysis of Impediments to Fair Housing Choice Page 6 Document Preparation • Staff Review Draft(electronic format) • Public Review Draft(electronic format and five copies) • Final Draft(electronic format and five copies) • HUD Submittal(five copies) I L_ I 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304-0005 1 r EXHIBIT B r ® +® City of San Bernardino Consolidated Plan and Action Plan (® Page 1 SCOPE AND TECHNICAL APPROACH We understand the City of San Bernardino receives approximately$3.6 million in CDBG funds, $1.7 million in HOME funds, and $160,000 in ESG funds annually. The City must comply with the U.S. Department of Housing and Urban Development's planning and reporting requirements. Veronica Tam and Associates, in association with Hogle-Ireland, Inc., is pleased to submit this proposal to provide the following assistance: 1. Preparation of Five-Year Consolidated Plan for 2010-2015 2. Preparation of the Annual Action Plan for FY 2010-2011 Required by HUD to be updated every five years, the Consolidated Plan is a comprehensive, integrated approach to planning and implementing the City of San Bernardino's housing, community development, and economic development needs and priorities in the form of a Strategic Plan. The Consolidated Plan describes community needs, resources, priorities and proposed activities to be undertaken under programs funded by HUD for the next five years. l The Plan is also the means to meeting the submission requirements for the Community l Development Block Grant (CDBG), HOME Investment Partnership, and Emergency Shelter Grants (ESG)programs. The Consolidated Plan incorporates two major sections: an assessment of housing and community development needs and a housing and community development strategy for the fl period 2010-2015. Consistent with HUD citizen participation requirements, community outreach will be an integral component of creating the two major sections of the Plan. LTask 1: Citizen Participation j For the development of the Consolidated Plan, we have included the following outreach l components: • Housing and Community Development Needs Survey:We will use instrument such as the www.SurveyMonkey.com to develop a web-based survey where residents can respond to the survey online. Hard copy survey will also be provided in both English and Spanish. This survey can be combined with the Fair Housing Survey we are also proposing for the Analysis of Impediments (Al) to Fair Housing Choice. Please see VTA's proposal for the Al. A joint survey will save on costs for administering the survey. • Community Meeting: We will conduct one community meeting to discuss housing and community development needs with residents and service providers. We anticipate this 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304-0005 EXHIBIT B I I © + © City of San Bernardino Consolidated Plan and Action Plan Page 2 r meeting will be chaired by the Community Development Citizens Advisory Committee (CDCAC). Special invitations will be sent to service providers and community groups to solicit their participation. This meeting may be combined with the outreach meeting for the AI to save on costs. • Economic Development Agency: We will attend one meeting before the EDA to review the Draft Consolidated Plan. This meeting may be combined with the outreach meeting for the AI to save on costs. • City Council Public Hearing:We will attend one public hearing before the City Council for the adoption of the Consolidated Plan and Action Plan. This meeting may be combined with the outreach meeting for the Al to save on costs. fOur budget assumes that the City will be responsible for all noticing requirements. Meetings: • One(1) community meeting • One(1) public meeting with EDA • One (1) public hearing with City Council fTask 2: 2010-2015 Consolidated Plan The Consolidated Plan will be drafted by first assessing the City's housing and community development needs and then developing a housing and community development strategy for the period 2010-2015. In the context of the CPMP tool, the assessment of needs and related strategies to address those needs are reorganized by topic under the Strategic Plan for ease in understanding and implementation. The Consolidated Plan will contain three primary sections: the Executive Summary, the Strategic Plan, and Attachments, including HUD-required tables and background public outreach information. To initiate the Consolidated Plan processes, the consultant team will meet with City staff to refine the work scope and evaluate current strategies, objectives, and priorities and discuss potential modification to the City's HUD funding approach. A review of the public participation plan for the Consolidated Plan update and a review of a preliminary list of community stakeholders to be consulted can also be discussed. Prior to the kick-off meeting, the consultant team will send staff a list of background and reference materials needed for consultant review,to be received at the kick-off meeting. Meeting: • One(1) kick-off meeting with City staff 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304-0005 l EXHIBIT B ® © +® City of San Bernardino Consolidated Plan and Action Plan Page 3 Needs Assessment The housing and community development needs assessment section includes a profile of population,housing and employment in San Bernardino.The Needs Assessment will be used to quantify and summarize available data on the most significant housing needs of extremely low, low, and moderate income households, as well as homeless persons and others with special needs and to project those needs over the five-year Consolidated Plan period (2010-2015). Discussion of the following topics will also be included: • Housing Needs of Non-Homeless Special Needs Groups • Homeless and At-Risk of Homelessness • Disproportionate Need of Racial/Ethnic Groups • Lead-Based Paint(LBP)Hazards • Housing Market Conditions • Public and Assisted Housing • Barriers to Affordable Housing • Fair Housing Impediments(from the Al to be conducted concurrently) • Public/Community Facility Improvements Il • Economic Development • Planning and Administration Strategic Plan and HUD-Required Consolidated Plan Tables The Strategic Plan and the HUD-Required Consolidated Plan Needs and Priority Tables will be f created in the context of the CPMP tool. The CPMP provides a new format for the Consolidated Plan, combining the components required under the Code of Federal Regulations (CFR) for HUD (24 CFR Part 91) - the housing and homeless needs assessment, the housing market analysis and the strategic plan - into one narrative. The Strategic Plan narrative lists specific questions that HUD grantees must respond to in order to be compliant with the Consolidated Planning Regulations. Guided by the CPMP tool, the Strategic Plan will respond to these questions and thereby address the required needs assessments and develop goals and objectives for the five-year period. The Strategic Plan narrative will also include an executive summary. The CPMP also provides a format to link HUD-Required Consolidated Plan Tables to the Strategic Plan narrative. The HUD-required tables are utilized to develop the narratives in the Strategic Plan and will be included as an Appendix.These tables include: • Housing Market Analysis Worksheet • Priority Housing Needs Worksheet • Homeless Needs Worksheet • Community Development Worksheet • Non-Homeless Special Needs Worksheet 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304-0005 EXHIBIT B I ' L ® ® +® City of San Bernardino Consolidated Plan and Action Plan Page 4 These CPMP worksheets replace the HUD Consolidated Plan tables (1A, 1B, 1C, 2A, 2B, 2C, 3A, 313, and3C). Based on the tables above, Specific Objectives are established through a series of worksheets that provide information on annual objectives and specific funding sources and amounts. The tables may also be used to track performance outcomes during the five-year period. Included in f the Specific Objectives tables are national performance objectives and outcomes. In order to aggregate accomplishments at the national level, HUD has recommended that grantees utilize standardized objectives and outcomes for reporting achievements. As part of the narrative, an explanation of the City's performance outcome measurement system will be included consistent with federal guidelines as referenced in the Federal Register Notice, Volume 70, Number 111 dated June 10,2005. The required worksheet detailing the City's needs and the objectives for the five-year plan will be consistent with goals and objectives established in the City's Housing Element for the use of CDBG,HOME, and ESG funds. Meeting: I` • One (1)strategic plan meeting with City staff Task 3: Annual Action Plan The FY 2010-2011 Action Plan will be prepared in conjunction with the Five-Year Consolidated Plan and use the CPMP tool to establish consistency with the Consolidated Plan. The CPMP First Annual Action Plan includes the SF 424 and Narrative Responses to Action Plan questions that HUD grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations. Required tables, projects lists, and certification documents will also be completed. Specifically,CPMP's Projects Worksheet will be used to prepare the Action Plan. Timeline The Consolidated Plan and Action Plan are due at HUD 45 days before the new program year begins (July lay). For FY 2010/2011, the deadline will be on May 17, 2010. A 30-day public review is required for the draft Consolidated Plan and Action Plan; therefore, the final drafts must be completed prior to April 16 to ensure timely submittal. The exact date will be determined in coordination with staff based on HUD and local public noticing requirements. Drafting of the Consolidated Plan October 2009—March 2010 Community Meeting November/December 2009 Residents Survey November/December 2009 Drafting of Action Plan January—March 2010 EDA Meeting March 2010 30-day Public Review of the Draft Plans March 19—April 19,2010 t 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304-0005 EXHibli © + City of San Bernardino Consolidated Plan and Action Plan Page 5 City Council Public Hearing April/May,2010 I Document Preparation • Staff Review Draft(electronic format) • Public Review Draft(electronic format and five copies) • Final Draft(electronic format and five copies) • HUD Submittal(five copies) I I f f. 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304-0005 CITY OF E SAN O P M EDINO ^ O r /^ ECONOMIC DEVELOPMENT AGENCY `f lw`_' D L FROM: Emil A.Marzullo SUBJECT: Veronica Tam & Associates, LLC - �/ Interim Executive Director Professional Services Agreement for consultant services DATE: September 29,2009 ------------------------------------------------------------------------------------------------- --------------- Synopsis of Previous Commission/Council/Committee Action(s): At a Special Redevelopment Committee meeting on September 28, 2009, Redevelopment Committee Members Johnson and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. Recommended Motion(s): I (Community Development Commission) 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 Veronica Tam & Associates, LLC for professional consultant services Contact Person(s): Carey K.Jenkins/Lisa Connor Phone: (909)663-1044 Project Area(s): City-wide Ward(s): All Supporting Data Attached: 0 Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s)❑ Map(s) ❑ Letter(s) Funding Requirements: Amount: $ 118,250 Source: 2009-2010 CDBG Administrative Funds Budget Authority: EDA FY 2009-2010 Budget Signature: — Fiscal Rev e Emit/A. Marzullo, Interim Execut' a Director ss DeJ us erim AdWAai&Aive Services Director -------- ------------------------------------------------------------------------------------------------------------------------- Commission/Council Notes: P9 He Rs\Comm Dev COmmissiOMCDC 2 1"5A Vemnia Tam,LLC.Pmfessional Services Agreement SR dc COMMISSION MEETING AGENDA Meeting Date: 10//05/20099 Agenda Item Number: /'1 . 1 ECONOMIC DEVELOPMENT AGENCY STAFF REPORT �✓ -------------------------------- ------ -- ---------—------------ - VERONICA TAM & ASSOCIATES,LLC - PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES BACKGROUND: The United States Department of Housing and Urban Development ("HUD") requires that any local government receiving HUD Federal grant monies, submit a Consolidated Plan(the "Plan") and the Analysis of Impediments to Fair Housing Choice ("Analysis") every five (5) years. The City of San Bernardino's ("City") existing documents expire in May 2010 and the City is mandated to submit its new Consolidated Plan covering program years 2010-2015, by May 15, 2010. The Plan is a means to meet the application requirements for the Community Development Block Grant ("CDBG"), HOME Investment Partnerships ("HOME"), Emergency Shelter Grant ("ESG"), and Housing Opportunities for Persons with AIDS ("HOPWA") formula programs. The City receives, annually, CDBG, ESG, and Federal HOME Funds in the approximate amount of$3.6 million. The Plan is designed to be a collaborative process whereby a unified vision for community development is established and also offers local jurisdictions the opportunity to shape the various housing and community development programs into effective, coordinated strategies. It also creates the opportunity for strategic planning and citizen participation to take place in a comprehensive fashion and to reduce duplication of service delivery efforts at the local level. The statutes.for these grant programs set forth three (3) basic goals against which the Plan and the City's corresponding performance associated with it will be evaluated by HUD. The statutory program goals are as follows: 1) Decent Housing; 2) Suitable Living Environment and 3) Expanded Economic Opportunities. CURRENT ISSUE: The City's existing Plan identifies eight(8) "high priorities" set forth for Fiscal Years 2005-2010: High Priority 41: Preservation and Rehabilitation of Existing Single Family Dwellings. High Priority 42: Expand Homeownership Opportunities and assist Homebuyers with the Purchase of Affordable Permanent Housing(Existing and New Construction). High Priority#3: Provide Rental Assistance and Preserve Existing Affordable Rental Housing. High Priority 44: Assist Homeless and "Special Needs" Persons with Supportive Services. High Priority#5: Expansion of"Affordable" Housing through New Construction. High Priority#6: Promotion of Economic Development and Employment Opportunities for Low-and Moderate-Income Households. High Priority#7: Expand and Improve Infrastructure to Meet Current and Future Needs. ------------------------------------------------------------------------------------------------------------------------------------- -------- PV9 S wsAmmNvCommission\CDC20 10-05-09Vemni T...LLC.ftr.1 nelServicesAgmememSR.&c COMMISSION MEETING AGENDA Meeting Date: 10/05/2009 Agenda Item Number: Economic Development Agency Staff Report Veronica Tam &Associates, LLC, Professional Services Agreement Page 2 High Priority#8: Elimination of Identified Impediments to Fair Housing through Education, Enforcement, and Testing. Once the agreement is executed, the consultant will review these and other City priorities and submit them to various stakeholder groups for consideration during the public vetting process. This process will also include input from the Mayor and members of the City Council to insure the proposed priorities are consistent with City goals and policy objectives. The Analysis is also a requirement of HUD and identifies the following: applicable federal, state, and local laws and policies; public and private impediments within the San Bernardino housing market; and, policy recommendations to address existing housing issues. This document will serve as a guide for maintaining and furthering local housing policies and will emphasize the City's commitment to fair housing choice. On August 17, 2009, Agency Staff prepared and distributed a Request for Proposals ("RFP") to thirteen (13) consultant firms soliciting proposals to prepare the Five-Year Plan and Analysis. The respondents were requested to prepare a proposal to meet all the requirements of the federal regulations as it relates to the Plan and Analysis. The thirteen (13) firms were: Godde Research, Civic Solutions, PBSJ, Hogle-Ireland, CAA Planning, Brandman, PMC World, RBF Consultants, Templeton Planning, Ultra Systems, Veronica Tam & Associates, LLC ("VTA"), The Planning Center and Zucker Systems. On September 1, 2009, three (3) firms, The Planning Center, PMC World and VTA submitted responses to the RFP for the preparation of the Analysis: Analysis of Impediments to Fair Housin g Choice Consultant Cost The Planning Center Costa Mesa) $69,910 Veronica Tam & Associates, LLC Pasadena $59,125 PMC World Torrance $31,610 And, of the these three (3) firms only two (2) submitted bids for preparation of the Plan as follows: Five-Year Consolidated Plan Consultant Cost PMC World Torrance $60,055 Veronica Tam &Associates, LLC (Pasadena) $59,125 A review team, consisting of three (3) Agency Staff members, reviewed and rated the proposals based on the consultant's background and experience (40 pts.); ability to meet HUD submission date (30 pts.); Consultant's methodology used to meet the City's federal and State requirements (20 pts.); and references (10 pts.). The average rating of all three (3) scores were as follows: © --- ------------ -- ---- —--- -- -- ---- -- -- ------------------------------------------------------- — - PWSe -S TOMMNYCommissnnT DC2MT"5-WVemnimTem,LLC.PmfessmnelSmicaAyrmmmSR.doc COMMISSION MEETING AGENDA Meeting Date: 10/05/2009 Agenda Item Number: Economic Development Agency Staff Report Veronica Tam &Associates, LLC, Professional Services Agreement Page 3 Analysis of Impediments to Fair Housing Choice Consultant Score Veronica Tam &Associates, LLC Pasadena 96 The Planning Center 84 PMC World 85 Five-Year Consolidated Plan Consultant Score Veronica Tam &Associates, LLC Pasadena) 96 PMC World 88 The organization recommended for preparation of the Analysis and the Plan is Veronica Tam & Associates (VTA). VTA will work in collaboration with Hogle-Ireland with VTA overseeing the preparation of the Analysis and the Plan and serving as Principal-in-Charge. Veronica Tam will be the main point of contact for this engagement. Ms. Tam previously worked with Cotton/Bridges/Associates in the completion of numerous Analysis of Impediments reports for county consortiums and other large jurisdictions and has more than 19 years experience in housing policy development and program administration. VTA is headquartered in Pasadena, California, and has been in operation since 2005, has prepared Analysis for the cities of Alhambra, Apple Valley, Chino, Long Beach, Victorville and the County of San Diego. VTA has prepared Plans and Action Plans for various cities of all sizes such as Glendora, El Cajon, Alhambra, Camarillo, Chino, Huntington Beach, National City, Santee and the County or Riverside. (� ENVIRONMENTAL IMPACT: This action to approve a Professional Services Agreement for consulting services does not meet the definition of a"Project"under the California Environmental Quality Act("CEQA")pursuant to Section 15301. FISCAL IMPACT: The contract amount of$118,250 will be funded with 2009-2010 CDBG Administrative Funds. RECOMMENDATION: That the Community Development Commission adopt the attached Resolution. —ZC - Emil A. Marzullo, Interim E cutive Director - ------------------------------------------------------------------ ---------- gen aSComm Dev CommissionTDC2WM10-05-09 Vemniu Tam LLC,Pmfasoiul Services Ag,ammt gREOC COMMISSION MEETING AGENDA Meeting Date: 10/05/2009 Agenda Item Number: