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HomeMy WebLinkAbout2013-315 1 RESOLUTION NO. 2013-315 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 VENDOR SERVICES AGREEMENT WITH MUNICIPAL HOUSING SOLUTIONS 4 FOR TECHNICAL ASSISTANCE AND PROGRAM ADMINISTRATION RELATED TO THE MANAGEMENT OF THE CITY'S HOME INVESTMENT PARTNERSHIP 5 PROGRAM (HOME) AND NEIGHBORHOOD STABILIZATION (NSP) PROGRAMS 6 WHEREAS, it is in the City's best interest to retain a qualified consultant to assist with the repair of the City's Home Investment Partnership (HOME) and Neighborhood 7 Stabilization (NSP) programs given the challenges the City has faced with management of 8 these critical programs; and 9 WHEREAS, Daysi Hernandez ("Hernandez"), Principal Consultant, Municipal Housing Solutions, is intimately aware of the issues within the City's housing programs 10 having worked for HUD as an auditor assigned to the City of San Bernardino's NSP/HOME 11 program (2013); and 12 WHEREAS, prior to working for HUD, Hernandez worked for the City of Pico Rivera as Redevelopment/Housing Manager and possesses a Master's Degree in Public 13 Administration and Seventeen years of diversified experience in housing and community 14 development; and 15 WHEREAS, Hernandez would be the lead for this assignment and manage day-to-day NSP and HOME activities. 16 17 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 18 SECTION 1. The City Manager is authorized and directed to execute a Vendor 19 20 Services Agreement with Municipal Housing Solutions (Daysi Hernandez) attached hereto as 21 Exhibit"A" and incorporated herein. 22 SECTION 2. The Director of Administrative Services or his designee is hereby 23 authorized and directed to issue a purchase order to Municipal Housing Solutions in an 24 amount not to exceed $40,000 from the following accounts: Account Number 120-100-0014- 25 26 5502 in the amount of $20,000 and Account Number 117-100-0014-5502 in the amount of 27 $20,000. 28 /// 2013-315 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 2 PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL HOUSING SOLUTIONS FOR TECHNICAL ASSISTANCE AND PROGRAM 3 ADMINISTRATION RELATED TO THE MANAGEMENT OF THE CITY'S HOME 4 INVESTMENT PARTNERSHIP PROGRAM (HOME) AND NEIGHBORHOOD STABILIZATION (NSP) PROGRAMS 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 7 Common Council of the City of San Bernardino at a j oint regular meeting 8 9 thereof, held on the 18thday of November , 2013, by the following vote, to wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ x 12 JENKINS x 13 14 VALDIVIA x 15 SHORETT x 16 VACANT 17 JOHNSON x 18 MULVIHILL x 19 20 Ashisa,etex."_4__ 21 Georgeann Hanna, City Clerk T� 22 The foregoing resolution is hereby approved this rt day of November , 2013. 23 24 as■crvws c J. Morris, —'— 25 CI y of San Bernardino Approved as to form: 26 GARY D. SAENZ, 27 City Attorney 28 BY: • !1! 1_ fs 2013-315 VENDOR SERVICES AGREEMENT BETWEEN MUNICPAL HOUSING SOLUTIONS AND THE CITY OF SAN BERNARDINO This Vendor Services Agreement is entered into this 18th day of November, by and between Municipal Housing Solutions (Daysi Hernandez) ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for program administration of the City of San Bernardino's federally funded programs, Neighborhood Stabilization Prorgam (NSP) and Home Investment Partnership Program (HOME); and WHEREAS, during the Spring of 2013 both of the aforementioned programs were monitored (audited) by the Department of Housing and Urban Development (HUD), Community Planning and Development Office (CPD); and WHEREAS, that monitoring (audit) was conducted by HUD Staff, including the primary principal of Municipal Housing Services, Daysi Hernandez as a"term" employee of HUD; and WHEREAS, based on the facts above (consultant was a term employee of HUD that participated in our last monitoring/audit), the City Manager has determined that the supplies or services to be acquired are unique to this firm and the timeline for resolution of issues related to the management of the two programs will not allow for competitive recruitment. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth on Exhibit"A," attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of$75.00 per hour for services provided by the Principal Consultant and $40.00 per hour for services provided by the Associate Consultant. Monthly billing for this contract may not exceed $5,000 per month. b. City agrees to make one (1) initial payment of$5,000 as a retainer. c. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement is November 18, 2013 to June 30, 2014. Municipal Housing Solutions Vendor Services Agreement 2013-315 This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and 2 Municipal Housing Solutions Vendor Services Agreement 2013-315 employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: TO THE VENDOR: Allen Parker, City Manager Municipal Housing Solutions 300 North"D" Street 229 Oakview Drive San Bernardino, CA 92418 Azusa, CA 91702 Telephone: (909) 384-5122 Telephone: (626) 384-253-4534 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, 3 Municipal Housing Solutions Vendor Services Agreement 2013-315 Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. /// /// /// 4 Municipal Housing Solutions Vendor Services Agreement 2013-315 VENDOR SERVICES AGREEMENT BETWEEN MUNICPAL HOUSING SOLUTIONS AND THE CITY OF SAN BERNARDINO IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2013 VENDOR. By: Its: Dated , 2013 CITY OF SAN BERNARDINO By: Allen Parker, City Manager Approved as to Form: Gary Saenz, City Attorney By !AA_ _ ____. do 5 Municipal Housing Solutions Vendor Services Agreement 2013-315 VENDOR SERVICES AGREEMENT BETWEEN MUNICIPAL HOUSING SOLUATIONS AND THE CITY OF SAN BERNARDINO This Vendor Services Agreement is entered into this 18th day of November,by and between Municipal Housing Services (Daysi Hernandez) ("VENDOR") and the City of San Bernardino ("CITY"or"San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for program administration of the City of San Bernardino's federally funded programs, Neighborhood Stabilization Prorgam (NSP) and Home Investment Partnership Program (HOME); and WHEREAS, during the Spring of 2013 both of the aforementioned programs were monitored (audited) by the Department of Housing and Urban Development (HUD), Community Planning and Development Office (CPD); and WHEREAS,that monitoring(audit) was conducted by HUD Staff, including the primary principal of Municipal Housing Services, Daysi Hernandez as a"term" employee of HUD; and WHEREAS, based on the facts above (consultant was a term employee of HUD that participated in our last monitoring/audit), the City Manager has determined that the supplies or services to be acquired are unique to this firm and the timeline for resolution of issues related to the management of the two programs will not allow for competitive recruitment. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth on Exhibit"A," attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of$80.00 per hour for services provided by the Principal Consultant and $48.00 per hour for services provided by the Associate Consultant. Monthly billing for this contract may not exceed $5,000 per month. b. City agrees to make one(1) initial payment of$5,000 as a retainer. c. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; TERMINATION. The term of this Agreement is November 18, 2013 to June 30, 2013. Municipal Housing Services Vendor Services Agreement 2013-315 This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees, the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and 2 Municipal Housing Services Vendor Services Agreement 2013-315 employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service,postage prepaid and addressed as follows: TO THE CITY: TO THE VENDOR: Allen Parker, City Manager Municipal Housing Services 300 North"D" Street 229 Oakview Drive San Bernardino, CA 92418 Azusa, CA 91702 Telephone: (909) 384-5122 Telephone: (626) 384-253-4534 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, 3 Municipal Housing Services Vendor Services Agreement 2013-315 Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. REMEDIES; WAIVER. All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 18. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: DECEMBER 3 , 2013 VENDOR. By. A • 4 Municipal Housing Services Vendor Services Agreement 2013-315 VENDOR SERVICES AGREEMENT BETWEEN MUNICPAL HOUSING SOLUTIONS AND THE CITY OF SAN BERNARDINO IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: DFSEMBeR 3 , 2013 VENDOR. By: • • = : Its: _ , .R ■ Dated II- 131 19 , 2013 CITY OF SAN BERNARDINO By: Zt `1'len Parker, City Manager Approved as to Form: Gary Saenz, City Attorney 401 5 Municipal Housing Solutions Vendor Services Agreement