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HomeMy WebLinkAbout09.A- Successor Agency i RESOLUTION(ID#2586) DOC ID: 2586 QA CITY OF SAN BERNARDINO—REQ EST FOR COUNCIL ACTION Purchase C rder From: Allen Parker CC Meeting Date: 07/15/2013 Prepared by: Lisa Connor, (909) 663-1044 7 Dept: Successor Agency Ward(s): 1-7 Subject: Resolution of the Mayor and Common Council o the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Authorizing a $250,000 Purchase Order for Consulting Services from Urban Futures, Inc. with Respect to Winding-Down the Former Redevelopment Agency During the Period of July through December 2013. (#2586) Current Business Registration Certificate: Not Applicable Financial Impact: UFI's services with respect to winding-down the former redevelopment agency have been and will continue to be funded with Redevelopment Prop crty Tax Trust Fund("RPTTF")revenue, which is a substitute term for what previously was known as tax increment revenue. The Successor Agency receives RPTTF revenue twice pe year(i.e., during January and June) to finance its enforceable obligations pursuant to its RC PS. On July 15,2013,the Successor Agency approved its plan for the use of RPTTF revei we received for the ROPS 13-14A period, which is sufficient to fund the amount of the recomir.end purchase order with UFI. As necessary, it is anticipated that consideration of futur purchase order authorizations for UFI's services with respect to winding-down the former rec eve]opment agency will coincide with each ROPS period. Motion: Adopt the Resolution. Synopsis of Previous Council Action: On October 15, 2012, the Mayor and Common Council adopted a Resolution(2012-254) authorizing the execution of an consultant agreement between Urban Futures, Incorporated and the City acting as the Successor Agency to the San Bernardino Redevelopment Agency for consultant services. On February 4, 2013,the Mayor and Common Council adopted a Resolution(2013-32) as the Successor Agency and Successor Entity to the Redevelopment Agency of the City of San Bernardino approving the first amendment to the Agreement for Consulting Services with Urban Futures, Incorporated. On May 6,2013, the Mayor and Common Council adopted a Resolution(2013-86) as the Successor Agency and Successor Entity to the Redev lopment Agency of the City of San Bernardino authorizing a$150,000 Supplemental Purchase Order for consulting services from Urban Futures, Incorporated with respect to winding down the former Redevelopment Agency during fiscal year 2012-13. Updated: 7/2/2013 by Lisa Connor Packet Pg. 754 8.A 2586 Backsround: The Redevelopment Agency of the City of San Bernardino was dissolved February 1, 2012. The Successor Agency to the Redevelopment Agency of the City of San Bernardino ("Successor Agency") has been established pursuant to the Cali rnia Health and Safety Code to wind-down the affairs of the dissolved redevelopment agency. The Successor Agency and Urban Futures, Inc. ("UFI") previously entered into an original greement for Continuing Disclosure and Consulting Services dated October 1, 2012 (Agreement No. 2012-254)(the "Agreement"). On February 4, 2013, the Successor Agency and Consultant entered into the First Amendment to Agreement for Consulting Services (the "First Amended Agreement"). Pursuant to the First Amended Agreement, UFI's consulting services With respect to winding-down the former redevelopment agency include the following: 1. Assist and/or advise staff with respect to planning, strategies, fiscal feasibility, funding/financing strategies, and/or program and policy development with respect to winding-down the former redevelopment agency; 2. Participate in formal and informal planning, strategy and/or project management discussions, negotiations and presentations with staff, clients, community officials, local or state government agencies, and others, as requested, with respect to winding-down the former redevelopment agency; 3. Assist and/or advise staff with respect to preparing, reviewing evaluating and/or submission of reports, forms, spreadsheets and any other written documentation that may be required by the Successor Agency, its Oversight Board, the California Department of Finance, State Controller's Office, County A ditor-Controller or other entity with respect to winding-down the former redevelopment a 3,ency (subject matter examples include, but are not limited to, Recognized Obligation Payment Schedules, Asset Transfer Reviews, Housing Asset Transfer Reviews, Due Diligence Reviews (housing and non-housing), Long-Range Property Management Plans, et and Confer Request Forms, Finding of Completion, Final and Conclusive Enforceable Obligation Determination, Insufficient Funds Notification, real property disposition procedures, etc.); 4. Assist and/or advise staff with respect to oral presentations that may be required by the Successor Agency, its Oversight Board, the California Department of Finance, State Controller's Office, County Auditor-Controller or other entity with respect to winding- down the former redevelopment agency (subject matter examples include, but are not limited to, Recognized Obligation Payment S hedules, Asset Transfer Reviews, Housing Asset Transfer Reviews, Due Diligence Reviews (housing and non-housing), Long- Range Property Management Plans, Meet and Confer Request Forms, Finding of Completion, Final and Conclusive Enforcea le Obligation Determination, Insufficient Funds Notification, real property disposition procedures, etc.); 5. Assist and advise staff with respect to any compliance and/or implementation related tasks and/or services that may be required by the Successor Agency, its Oversight Board, the California Department of Finance, St to Controller's Office, County Auditor- Controller or other entity with respect to wind ng-down the former redevelopment agency (subject matter examples include, but are not imited to, Recognized Obligation Payment Updated: 7/2/2013 by Lisa Connor Packet Pg. 755 2586 _ Schedules, Asset Transfer Reviews, Housing Asset Transfer Reviews, Due Diligence Reviews (housing and non-housing), Long-Range Property Management Plans, Meet and Confer Request Forms, Finding of Completion, Final and Conclusive Enforceable Obligation Determination, Insufficient Funds Notification, real property disposition procedures, etc.); and/or 6. Provide any other related service that staff may request; and Per the First Amended Agreement, UFI is to provide redevelopment agency wind-down services to Successor Agency on an as needed, on-call, time and materials basis without a financial cap subject to the financial limitations specified within purchase orders. Consistent with the foregoing, during the period the Recognized Obligation Payment Schedule ("ROPS") III (i.e., January through June 2013), the Successor Agency authorized two purchase orders totaling $250,000 (i.e., $100,000 on February 4, 2013 and $150,000 on May 6, 2013) for UFI's consulting services with respect to winding-down the former redevelopment agency. In order to ensure the continuation of UFI's redevelopment win -down services to the Successor Agency on an uninterrupted basis for the period of ROPS 13-14A (i.e., July through December 2013), it is recommended that the Successor Agency authorize a purchase order in the amount of$250,000. Staff recommends the supplemental purchase order amount. City Attorney Review: Supporting Documents: Reso for UFI Consulting Services ROPS 13-14A PDF) Updated: 7/2/2013 by Lisa Connor Packet Pg. 756 1 2 RESOLUTION NO. 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 4 OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 5 AUTHORIZING A $250,000 PURCHASE ORDER FOR CONSULTING SERVICES FROM URBAN FUTURES, INC. WITH RESPECT TO 6 WINDING-DOWN THE FORMER REDEVELOPMENT AGENCY DURING LL THE PERIOD OF JULY THROUGH DECEMBER 2013 (#2586) 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino was dissolved 8 � February 1,2012; and 9 10 WHEREAS, the Successor Agency to the Redevelopment Agency of the City of San 11 Bernardino ("Successor Agency") has been established pursuant to the California Health and Safety Code to wind-down the affairs of the dissolved redevelopment agency; and o 12 L) 13 WHEREAS, Successor Agency and Urban Futures, Inc. (the "UFI")previously entered into o FIL 14 an original Agreement for Continuing Disclosure and Consulting Services dated October 1, 2012 (Agreement No. 2012-254)(the"Agreement"); and 15 WHEREAS, on February 4, 2013, the Successor Agency and UFI entered into the First CL 16 a. 0 Amendment to Agreement for Consulting Services (the"First Amended Agreement");; and N d WHEREAS `-' pursuant to the First Amended Agreement, UFPs consulting services with Cn 18 respect to winding-down the former redevelopment agency include the following: _ 19 5 1. Assist and/or advise staff with respect to planning, strategies, fiscal feasibility, o 20 21 funding/financing strategies, and/or program and policy development with respect to U_ winding-down the former redevelopment agency; 22 ,o 2. Participate in formal and informal planning, strategy and/or project management discussions, 23 d 24 negotiations and presentations with staff, clients, community officials, local or state a government agencies, and others, as requested, with respect winding-down the former 25 a redevelopment agency; a 26 27 3. Assist and/or advise staff with respect to preparing, reviewing evaluating and/or submission 28 of reports, forms, spreadsheets and any other written documentation that may be required by the Successor Agency, its Oversight Board, the California Department of Finance, State 1 acket Pg. 757 i 1 2 Controller's Office, County Auditor-Controller or other entity with respect to winding-down 3 the former redevelopment agency (subject matter examples include, but are not limited to, 4 Recognized Obligation Payment Schedules, Asset Transfer Reviews, Housing Asset Transfer Reviews, Due Diligence Reviews(housing and non-housing), Long-Range Property = 5 � Management Plans, Meet and Confer Request Forms, Finding of Completion, Final and r 6 � Conclusive Enforceable Obligation Determination, Insufficient Funds Notification, real 7 property disposition procedures,etc.); 8 4. Assist and/or advise staff with respect to oral presentations that may be required by the 10 Successor Agency, its Oversight Board, the California Department of Finance, State U)� Controller's Office, County Auditor-Controller or other entity with respect to winding-down 11 N the former redevelopment agency (subject matter examples include, but are not limited to, 12 U 13 Recognized Obligation Payment Schedules, Asset Transfer Reviews, Housing Asset o Transfer Reviews, Due Diligence Reviews (housing and non-housing), Long-Range Property N ! 14 Management Plans, Meet and Confer Request Forms, Finding of Completion, Final and A 15 Conclusive Enforceable Obligation Determination, Insufficient Funds Notification, real a. lb o property disposition procedures, etc.); 17 d 5. Assist and advise staff with respect to any compliance and/or implementation related tasks 18 co and/or services that may be required by the Successor Agency, its Oversight Board, the 19 California Department of Finance, State Controller's Office, County Auditor-Controller or 20 0 other entity with respect to winding-down the former redevelopment agency U 21 p g y (subject matter U_ 22 examples include, but are not limited to, Recognized Obligation Payment Schedules, Asset o Transfer Reviews, Housing Asset Transfer Reviews, Due Diligence Reviews (housing and o 23 non-housing), Long-Range Property Management Plans, Meet and Confer Request Forms, 24 Finding of Completion, Final and Conclusive Enforceable Obligation _Determination, 26 Insufficient Funds Notification, real property disposition procedures, etc.); and/or a 27 6. Provide any other related service that staff may request; and 28 2 Packet Pg,758 �t'A.a 0 1 WHEREAS, per the First Amended Agreement, UFI is to provide redevelopment evep me nt agency 3 wind-down services to Successor Agency on an as needed, on-call, time and materials basis without 4 a financial cap subject to the financial limitations specified within purchase orders; and WHEREAS, consistent with the foregoing, during the period the Recognized Obligation = 5 Payment Schedule ("ROPS") 111 (i.e., January through June 2013),the Successor Agency authorized 6 two purchase orders totaling $250,000 (i.e., $100,000 on February 4, 2013 and $150,000 on May 6, r_ 7 2013) for UF1's consulting services with respect to winding-down the former redevelopment 8 , agency; and 9 10 WHEREAS, in order to ensure the continuation of UFI's redevelopment wind-down Cn � services to the Successor Agency on an uninterrupted basis for the period of ROPS 13-14A 11 � July through December 2013), it is recommended that the Successor Agency authorize a purchase o 12 order in the amount of$250,000; and 13 co WHEREAS, UFI's services with respect to winding-down the former redevelopment Ce 14 15 agency have been and will continue to be funded with Redevelopment Property Tax Trust Fund M ("RPTTF") revenue, which is a substitute term for what previously was known as tax increment a 16 0 revenue, and the Successor Agency receives RPTTF revenue twice per year(i.e., during January 17 g ary and June)to finance its enforceable obligations pursuant to its Recognized Obligation Payment Schedule U 18 ("ROPS"); and co 19 = WHEREAS, on July 15, 2013, the Successor Agency approved its plan for the use of N 20 RPTTF revenue received for the ROPS 13-14A period, which is sufficient to fund the amount of the c v 21 LL recommend purchase order with UFI; and 22 w WHEREAS, staff recommends the purchase order amount. 23 NOW, THEREFORE,IT IS HEREBY RESOLVED,DETERMINED AND ORDERED 24 ........... _25 BY THE MAYOR_AND .COMMON COUNCIL-OF THE CITY OF SAN BERNARDINO 26 ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF a 27 THE CITY OF SAN BERNARDINO,AS FOLLOWS: 28 Section 1. The foregoing recitals are true and correct and are a substantive part of this Resolution. 3 PactrQt Pg.759 i8.A.a IL B 1 Section 2. A purchase order in the amount of $250,000 is authorized for consulting 2 services from Urban Futures, Inc. with respect to winding-down the former redevelopment agency 3 during the period of ROPS 13-14A(i.e.,July through December 2013). 4 Section 3. This Resolution shall take effect upon its adoption and execution in the manner as required by the City Charter. c 5 6 Y U_ _ 8 d d 10 � _ 12 c� 13 CO N 14 T 15 CO 0. 16 o 17 18 Cr) 19 W 20 0 21 j w 22 C 23 rr 24 25 a 26 27 i 28 4 Packet Pg 760 '. 0 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR 2 AGENCY REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 AUTHORIZING A $250,000 PURCHASE ORDER FOR CONSULTING SERVICES FROM URBAN FUTURES, INC. WITH RESPECT TO 4 WINDING-DOWN THE FORMER REDEVELOPMENT AGENCY DURING THE PERIOD OF JULY THROUGH DECEMBER 2013 (#2586) 5 N I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and ° 6 r LL Common Council of the City of San Bernardino at a 7 meeting thereof, 8 held on the day of , 2013, by the following vote, to wit: 9 Council Members: A es Nays Abstain Absent 10 MARQUEZ N JENKINS 11 IVALDIVIA 12 U SHORETT 13 0 KELLEY N 14 JOHNSON 15 MC CAMMACK M co 16 0 W 17 w 18 Georgeann Hanna, City Clerk co City of San Bernardino as 19 = 20 The foregoing Resolution is hereby approved this day of = 2013. 0 21 U. L 22 ,0 Patrick J. Morris,Mayor ° 23 City of San Bernardino Approved as to Form: 24 E 25 By: 26 James F. Penman, City Attorney a 27 28 5 acket Pg.767