HomeMy WebLinkAbout05.City Manager RESOLUTION (ID#2768) DOC ID: 2768 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker M/CC Meeting Date: 11/18/2013
Prepared by: Brandon Mims, (909) 384-5122
Dept: City Manager Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute a Professional Services Agreement with Municipal Housing Solutions
for Technical Assistance and Program Administration Related to the Management of the City's
Home Investment Partnership Program (HOME) and Neighborhood Stabilization (NSP)
Programs. (#2768)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $2,400,000; $2,120,000
Account No. 117-100-0014-5502; 120-100-0014-5502
Account Description: Professional Contractual Services
Balance as o£ November 7, 2013: $2,220,000; $2,120,000
Balance after approval of this item: $2,190,000; $2,060,000
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Background
As an entitlement community, the City of San Bernardino receives a formula allocation of
Community Development Block Grant(CDBG), Home Investment Partnership (HOME) and
Emergency Solutions Grant(ESG)programs each fiscal year from the Department of Housing
and Urban Development(HUD). The City was also a recipient of President Obama's
Neighborhood Stabilization Program (NSP 1, 2, and 3) granted in 2008, 2010, and 2011.
i
As part of the City's commitment for acceptance of the funds, we are required to administer the
program activities in adherence to Department of Housing and Urban Development(HUD)
regulations. Over the past several years, the City has failed to meet its obligations in some areas
with respect to management of these critical community development programs, especially
HOME and NSP. (Both programs were placed on hold during Fiscal Year 2012-2013 due to
concerns about their management.) Recently, HUD de-obligated over$1.7 million dollars of the
City's HOME program funds due to inactivity. The NSP program is slated to end in March and
from HUD's perspective,the City still has a considerable amount of dollars on the table.
Misuse/under use of either of these funding sources will have bad implications for the City.
Daysi Hernandez, Principal Consultant, Municipal Housing Solutions, is intimately aware of the
10 issues within the City's housing programs. She worked for HUD as an auditor assigned to the
Updated: 11/14/2013 by Jolena E.Grider B
2768
City of San Bernardino's NSP/HOME program(2013). Prior to HUD she worked for the City of
Pico Rivera as Redevelopment/Housing Manager. Ms. Hernandez has a Master's Degree in
Public Administration and Seventeen years of diversified experience in housing and community
development. She possesses extensive knowledge and understanding of the principles, processes,
standards and best work practices for the administration of federal funding and housing
programs. She would be the lead for this assigmnent, and manage day-to-day NSP and HOME
activities.
Both the HOME and NSP programs allow a percentage of the total grant funds to be used on
"Administration." There will be no impact to the General Fund. The contract shall not exceed
>61;000, to be paid as follows:
yp,oav
Account Amount
117-100-0014-5502 - Professional/Contractual Services $30,000
120-100-0014-5502 - Professional/Contractual Services $30,000
Single Source Justification
Ms. Hernandez has unique and specialized experience auditing the City of San Bernardino's
HOME/NSP programs as an employee of HUD. She is intimately aware of the issues the City
needs fixed and she possesses the resources and HUD contacts to move quickly in the process.
City Attorney Review:
Supporting Documents:
reso 2768 (PDF)
agrmt 2768 (PDF)
Exhibit "A" Scope of Services (PDF)
10
Updated: 11/14/2013 by Jolena E. Grider B Packet PO'21
1 RESOLUTION NO.
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 ADIVIINISTRATION 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
7 with the repair of the City's Home Investment Partnership (HOME) and Neighborhood
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
1 1 14 development; and ng and communit y
15 WHEREAS, Hernandez would be the lead for this assignment and manage day-to-day
16 NSP and HOME activities.
17 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
18 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
19 SECTION I. The City Manager is authorized and directed to execute a Vendor
20 Services Agreement with Municipal Housing Solutions (Daysi Hernandez) attached hereto as
21 Exhibit "A"and incorporated herein.
l
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
25 amount not to exceed $40,000 from the following accounts: Account Number 120-100-0014-
26 5502 in the amount of$20,000 and Account Number 117-100-0014-5502 in the amount of
27 $20,000.
28
M/CC MEETING., 11/18/2013
AGENDA ITEM: 5C
RFPLACFMFHT PARFC
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
I 3 ADMINISTRATION RELATED TO THE MANAGEMENT OF THE CITY'S HOME
4 INVESTMENT PARTNERSHIP PROGRAM (HOME) AND NEIGHBORHOOD
STABILIZATION (NSP) PROGRAMS
5
6 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
7
$ Common Council of the City of San Bernardino at a meeting
I
9 thereof,held on the day of ,2013,by the following vote,to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 MARQUEZ
12
13 JENKINS
' 14 VALDIVIA
15 SHORETT
16 VACANT
17 JOHNSON
18
19 MULVIHILL
20
21 Georgeann Hanna, City Clerk
22 The foregoing resolution is hereby approved this day of 2013.
23
24
Patrick J. Morris,Mayor
25
Approved as to form: City of San Bernardino
26 GARY D. SAENZ,
27 City Attorney
� A
28 By.
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 Prorram (NSP) and Home
Investment Partnership Program(HOME); and
a�
0
WHEREAS, during the Spring of 2013 both of the aforementioned programs were °-
monitored (audited) by the Department of Housing and Urban Development (HUD), Community z
Planning and Development Office (CPD); and w
2
0
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 0
0
WHEREAS, based on the facts above (consultant was a term employee of HUD that r
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 E
the management of the two programs will not allow for competitive recruitment. a
00
NOW,THEREFORE,the parties hereto agree as follows: N
1. SCOPE OF SERVICES.
ti
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 E
incorporated herein.
r
2. COMPENSATION AND EXPENSES. E
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 a
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
Packet Pg 2*rk_'
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 o
representatives from any and all legal actions based upon such actual or alleged acts or a.
a.
omissions. Vendor hereby waives any and all rights to any types of express or implied co
indemnity against the City, its elected officials, employees, agents or representatives, with w
respect to third party claims against the Vendor relating to or in any way connected with the 2
accomplishment of the work or performance of services under this Agreement. _
w
0
5. INSURANCE. o
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 E
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager Q
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional 00
named insured in each policy of insurance provided hereunder. The Certificate of Insurance N
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. o
6. NON-DISCRIMINATION. E
L
In the performance of this Agreement and in the hiring and recruitment of employees, 0
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, E
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation,or any other status protected by law. a
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
Municipal Housing Solutions Vendor Services Agreement
Packet Pg.25
employees, and all business license, if any are required, in connection with the services to be
tea- 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:
M
L
O7
O
TO THE CITY: TO THE VENDOR: a
Allen Parker, City Manager Municipal Housing Solutions w
300 North"D" Street 229 Oakview Drive
0
San Bernardino, CA 92418 Azusa, CA 91702 =
Telephone: (909) 384-5122 Telephone: (626) 384-253-4534 0
O
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the c
prevailing party shall be entitled to recover from the opposing party all costs and expenses, E
including reasonable attorneys fees, incurred by the prevailing party in the exercise of any of its a
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions co
hereof. The costs, salary and expenses of the City Attorney and members of his office in N
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the 00
purposes of this paragraph.
N
r
11. ASSIGNMENT. E
rn
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or f°
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 E
and shall constitute a breach of this Agreement and cause for the termination of this Agreement. c
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of a
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
a Packet Pg.26
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. o
a.
0.
16. SEVERABILITY. Cn
If any provision of this Agreement is determined by a court of competent jurisdiction to w
be invalid or unenforceable for any reason, such determination shall not affect the validity or 2
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 o
and effect. c
r
w
17. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are and E
shall be deemed cumulative and may be exercised separately or concurrently without waiver of a
any other remedies. The failure of either party to act in the event of a breach of this Agreement 00
by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless N
such waiver shall be in writing and signed by the party against whom enforcement is sought.
00
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. E
4
Municipal Housing Solutions Vendor Services Agreement
Packet Pg:27,.
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:
�a
L
0
L
a
Dated , 2013 CITY OF SAN�T BERNARDINO z
`w
O
By:
Allen Parker, City Manager 0
r-
0
w
Approved as to Form:
Gary Saenz, City Attorney T)
E
a
B co
00
�o
N
++
E
L
E
V
r
a
® 5
Municipal Housing Solutions Vendor Services Agreement
Packit" 18 ,
MUNICIPAL HOUSING SOLUTIONS
November 1, 2013
Mr. Brandon Mims
City of San Bernardino 0
300 N. "D" Street, 6th Floor a
San Bernardino, CA 92418 a co
Z
RE: PROPOSAL FOR PROFESSIONAL SERVICES FOR THE ADMINISTRATION o
OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROGRAMS =
0
Dear Brandon: w 0
0
L
It is a pleasure to submit the attached proposal for the administration of your N
Neighborhood Stabilization Program (NSP) and Home Investment Partnerships (HOME)
Programs, funded by the Department of Housing and Urban Development (HUD). a
co
Municipal Housing Solutions (MHS) is a newly formed, minority-owned consulting firm
that brought together the expertise of seasoned public and private sector professionals to N
provide cost-effective services for the administration and implementation of federally-
funded affordable housing programs.
d
U)
MHS staff has over thirty years of collective experience and offers comprehensive, top- o
quality services that are performed in a timely manner and at reasonable rates. a
0
U
We are looking forward to providing our services and expertise for the efficient `n
administration of your HUD programs. Thank you very much for your consideration. a
Respectfully, w
c
(+ E
Daysi nand
w
Principal Consultant a
229 W. Oakview Dr., Azusa, CA 91702 ( 626 )253 -4 Pacl4iP"
MUNICIPAL HOUSING SOLUTIONS
SCOPE OF WORK
Ongoing Administration of NSP and HOME Programs
MHS staff will assist the City in managing the NSP and HOME programs and activities, utilizing best
work practices for program and fund administration.
Program, Scope of Work Expectation of City Staff
L
Service or 0
0
Activity a
General Fund 1) IDIS and DRGR management, including reporting, 1)Access to City's DRGR and N
and Program project set-ups, activity updates, draws, other data IDIS systems. z
Administration entry, and project close-outs. 2) Provide MHS with access
2) Assist City staff in the preparation of the to financial records. _
department budget, and mid-year budget review. Review all reports and w
0
3) Track NSP and HOME expenditures. budget recommendations. _
4)Track and report NSP and HOME program income. 3) Provide input on existing .
5) Loan portfolio management. procedures, and review N
6) Review and update policies and procedures, and and approve revised
other forms and documents needed for proper manuals.
implementation of programs and compliance. Q
7) Participate in internal and external meetings. co
Q 8) Respond to all verbal, written, and electronic
inquiries pertaining to HUD programs, in
accordance with City protocols. w
0
2
9)Assist with preparation of reports and plans, as
required by HUD (Action plan, Con Plan, CAPER) y
NSP Activities 1)Make recommendations to ensure fund expenditure 1) Provide access to program 4)
by the expenditure deadline. project files and records. 0
2) Coordination and implementation of all program 2) Provide feedback on work to
activities, to assure full compliance with federal completed, and guidance Q
regulations. on organizational and :r
3) Program evaluation to make recommendations for strategic priorities. 12
improved performance and quality assurance. 3)Internal cooperation from w
4) Management and oversight of projects under other City staff and
construction. departments. 0
5) Property acquisition and disposition services.
6)Verification of eligibility of potential homebuyers. 0
r
7) Occupancy and affordability compliance Q
verification.
8) File maintenance and document retention
management.
9) Grant close-out activities.
10) Internal audits for increased readiness for future
federal monitoring/audits.
229 W. Oakview Dr., Azusa, CA 91702 ( 626 ) 253 -4 Packet Pg. 30
5.C.c
EWI- MUNICIPAL HOUSING SOLUTIONS
SCOPE OF WORK
(Continued)
Program, Scope of Work Expectation of City Staff
Service or
Activity
HOME 1)Make recommendations for projects/activities to 1) Provide access to files
Activities ensure fund expenditure by HOME deadlines. and records.
2)Coordination and implementation of all program 2) Provide feedback on
activities, to assure full compliance with federal work completed, and
regulations. guidance on a.
3) Program evaluation to make recommendations for organizational and
z
improved performance and quality assurance. strategic priorities. w
4) Program outreach to promote program 3) Internal cooperation from 20
participation. other City staff and =
5)Verification of eligibility of Program participants. departments.
c
6)Oversight of construction projects. 0
7)Assessment of applicability of labor compliance r
requirements.
8)File maintenance and document retention E
management.
9)Internal audits for increased readiness for future
federal monitoring/audits.
10) Portfolio management. v
N
d
v
0
PROPOSED CONSULTANT TEAM
0
a)
Daysi Hernandez, Principal Consultant/Program Administrator. Ms. Hernandez has a Master's o
Degree in Public Administration and Seventeen years of diversified experience in housing and Un
community development. She possesses extensive knowledge and understanding of the principles, Q
processes, standards and best work practices for the administration of federal funding and housing
programs. She would be the lead for this assignment, and manage day-to-day NSP and HOME s
activities. w
c
Maria Valdez-Paz, Associate Consultant/Program Specialist. Ms. Valdez-Paz has over eighteen E
years experience in community development and housing, in both the private sector and in public 0
service. She has comprehensive knowledge of the principles and best work practices for the .2
implementation of federally-funded housing rehabilitation programs. She would have oversight of
construction projects.
Ismael Hernandez, Associate Consultant/Acquisition Specialist. Mr. Hernandez is a real estate
professional with over twenty years of experience in the real estate field. He can efficiently and
effectively oversee and manage proper acquisition, management, and disposition of City-owned
NSP properties.
229 W. Oakview Dr., Azusa, CA 91702 ( 626 )253 -4 Packet Pg. 31
5:
� MUNICIPAL HOUSING SOLUTIONS
PROPOSED FEES
MHS works within approved budgets, and provides clients with monthly, itemized statements for
services rendered. We are flexible in our approach regarding schedules and will adapt to meet
our clients needs. MHS proposed hourly rates are as follows:
Title Hourly Rate
Principal Consultant $100 a
0
a
Associate Consultant $60 z
'w
O
w
0
MHS will require a monthly retainer of $5,000.00 paid in advance of services. The above hourly
rates will be applied against the monthly retainer until expended, based on the actual hours of .2
services rendered. Services rendered beyond the retainer amount will be billed on a bi-weekly
basis. In the event that the monthly billable hours are less than the monthly retainer, the remaining
retainer amount will be rolled over to the next month. E
a
a
00
PROPOSED HOURS `D
ti
MHS Staff work hours are flexible and subject to the needs of the City. MHS Staff is available to
work at the City of San Bernardino Monday through Thursday, from 8:00 am to 5:00 pm, as
prescheduled with City staff. Total weekly hours will depend on priorities, deadlines, and tasks at N
hand, and always subject to the approved budget. o
d
a
0
Q
X
W
d
E
ea
a
229 W. Oakview Dr., Azusa, CA 91702 ( 626) 253 -4 Packet Pg. 32