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HomeMy WebLinkAbout05.Y- Successor Agency 5.Y RESOLUTION (ID #3408) DOC ID: 3408 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Allen Parker M/CC Meeting Date: 08/04/2014 Prepared by: Lisa Connor, (909) 663-1044 Dept: Successor Agency Ward(s): All Subject: Resolution of the Mayor and Common Council of 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 2014. (#3408) 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 Property 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 per year(i.e., during January and June)to finance its enforceable obligations pursuant to its ROPS. On July 7, 2014, the Successor Agency approved its plan for use of RPTTF and non-RPTTF for ROPS 14-15A, which provides sufficient resources to fund the amount of the recommend purchase order with UFIA. As necessary, it is anticipated that consideration of future purchase order authorizations for UFI's services with respect to winding-down the former redevelopment 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 a 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 Redevelopment Agency of the City of San Bernardino authorizing a $150,000 Supplemental Purchase Order for consulting services from low Urban Futures, Incorporated with respect to winding down the former Redevelopment Agency during fiscal year 2012-13. Updated:7/30/2014 by Jolena E. Grider B Packet Pg. 348 5.Y 3408 On January 21, 2014, the Mayor and Common Council adopted a Resolution (2890) as the L'011 Successor Agency and Successor Entity to the Redevelopment Agency of the City of San Bernardino authorizing a $250,000 Purchase Order for consulting services from Urban Futures, Incorporated with respect to winding down the former Redevelopment Agency during fiscal year 2013-14. Background: 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 California 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 Agreement 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"). 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. During the period the ROPS 13-14A (i.e., July through December 2013) and ROPS 13-14B (i.e., January through June 2014),the Successor Agency authorized purchase orders of$250,000 each ROPS period for UFI's consulting services with respect to winding-down the former redevelopment agency. In order to ensure the continuation of UFI's redevelopment wind-down services to the Successor Agency on an uninterrupted basis for the period of ROPS 14-15A (i.e., July through December 2014), it is recommended that the Successor Agency authorize a purchase order in the amount of $250,000. City Attorney Review: Supporting Documents: reso 3408 (PDF) Updated: 7/30/2014 by Jolena E.Grider B Packet Pg. 349 1 : RESOLUTION NO. 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 4 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 THE PERIOD OF JULY THROUGH DECEMBER 2014. 7 WHEREAS, the Redevelopment Agency of the City of San Bernardino was dissolved 8 February 1, 2012; and 9 a WHEREAS, the Successor Agency to the Redevelopment Agency of the City of San 10 Bernardino ("Successor Agency") has been established pursuant to the California Health and Safety 11 Code to wind-down the affairs of the dissolved redevelopment agency; and 12 U) WHEREAS, Successor Agency and Urban Futures, Inc. (the "UFI") previously entered into v 13 an original Agreement for Continuing Disclosure and Consulting Services dated October 1, 2012 14 (Agreement Na. 2012-254)(the "Agreement"); and 15 N WHEREAS, on February 4, 2013, the Successor Agency and UFI entered into the First a 16 Amendment to Agreement for Consulting Services (the "First Amended Agreement"); and o 17 WHEREAS, pursuant to the First Amended Agreement, UFI's consulting services with 00 18 It respect to winding-down the former redevelopment agency include the seven service categories o 19 described below: 20 1. Policy: Policy development services related to the overall management of the Successor E 21 U Agency including, but not limited to planning, strategies, fiscal feasibility, .2 22 23 funding/financing strategies, and/or program development (in conjunction with the City Manager, Mayor's office, City Attorney's office and special counsels); 24 25 2. Collaboration: Participating in formal and informal planning, strategy and/or project management discussions, negotiations and presentations with staff, clients, community 26 officials, local or state government agencies, and others; 27 3. Reports: Researching, preparing, reviewing evaluating and/or submitting reports, forms, 28 spreadsheets and any other written documentation that may be required by the Successor 1 Packet Pg. 350 5.Y.a 1 Agency, its Oversight Board, the California Department of Finance ("DOF"), State 2 Controller's Office ("SCO"), County Auditor-Controller ("CAC"), City Manager, the 3 Mayor's office, the City Attorney's office, the Finance Department, special counsels, or 4 other entities; 5 4. Representation: Providing oral presentations that may be required by the Successor 6 Agency, the Oversight Board, the California Department of Finance, State Controller's 7 Office, County Auditor-Controller or other entities; 8 5. Compliance/Implementation: Perform any compliance and/or implementation related 9 °S tasks and/or services that may be required by the Successor Agency, its Oversight Board, Y 10 the California Department of Finance, State Controller's Office, County Auditor- C 11 � Controller or other entities; D 12 6. Documentation: With respect to the above described services, the listing below is an U 13 example of the types of documents that may be required to wind-down the former cn a� 14 redevelopment agency. 3 15 a. Recognized Obligation Payment Schedules ("ROPS"); 0 16 o b. Asset Transfer Review ("ATR"); 17 v c. Housing Asset Transfer ("ATR"); co 0 18 d. Due Diligence Reviews ("DDR")(Low- and Moderate Income Housing Fund 0 19 ("LMIHF") and Other Funds and Accounts ("OFA"); L 20 _ e. Long-Range Property Management Plan("LRPMP"); E 21 f. Meet and Confer Requests and Meetings; 22 a g. Finding of Completion; 23 h. Final and Conclusive Enforceable Obligation Determinations; 24 i. Insufficient Funds Notifications; and 25 j. Real property disposition procedures; and 26 7. Other: Provide any other related service that staff may request; and 27 NOW 28 2 Packet Pg. 351 5.Y.a 1 WHEREAS, per the First Amended Agreement, UFI is to provide redevelopment agency 2 wind-down services to Successor Agency on an as needed, on-call, time and materials basis without 3 a financial cap subject to the financial limitations specified within purchase orders; and 4 WHEREAS, consistent with the foregoing, during the period the Recognized Obligation 5 Payment Schedule ("ROPS") III (i.e., July through December 2013), the Successor Agency 6 authorized two purchase orders totaling $250,000 (i.e., $100,000 on February 4, 2013 and $150,000 7 on May 6, 2013) for UFI's consulting services with respect to winding-down the former 8 redevelopment agency; and c s WHEREAS, during the period the ROPS 13-14A (i.e., July through December 2013), the 10 Successor Agency authorized a purchase order of $250,000 for UFI's consulting services with 11 � respect to winding-down the former redevelopment agency; and X 1.2 WHEREAS, additionally, during the period the ROPS 13-14B (i.e., January through June .2 13 2014), the Successor Agency authorized a purchase order of$250,000 for UFI's consulting services in 14 with respect to winding-down the former redevelopment agency; and 15 WHEREAS, in order to ensure the continuation of UFI's redevelopment wind-down 0 16 services to the Successor Agency on an uninterrupted basis for the period of ROPS 14-15A (i.e., Co v 17 July through December 2014), it is recommended that the Successor Agency authorize a purchase S 18 order in the amount of$250,000; and 0 19 WHEREAS, UFI's services with respect to winding-down the former redevelopment L 20 0 agency have been and will continue to be funded with Redevelopment Property Tax Trust Fund 21 ("RPTTF") revenue, which is a substitute term for what previously was known as tax increment 22 a revenue, and the Successor Agency receives RPTTF revenue twice per year(i.e., during January and 23 June) to finance its enforceable obligations pursuant to its Recognized Obligation Payment Schedule 24 ("ROPS"); and 25 WHEREAS,on July 7, 2014,the Successor Agency approved its plan for use of RPTTF and 25 non-RPTTF for ROPS 14-15A, which provides sufficient resources to fund the amount of the 27 recommend purchase order with UFI; and 28 WHEREAS, staff recommends the purchase order amount. 3 Packet Pg.352 i NOW, THEREFORE, be it resolved by the Mayor and Common Council of the City of San 2 Bernardino acting as the Successor Agency to the Redevelopment Agency of the City of San 3 Bernardino, as follows, 4 Section 1. The foregoing recitals are true and correct and are a substantive part of this 5 Resolution. 6 Section 2. A purchase order in the amount of $250,000 is authorized for consulting 7 services from Urban Futures, Inc. with respect to winding-down the former redevelopment agency 8 during the period of BOPS 14-15A (i.e.,July through December 2014). q Section 3. This Resolution shall take effect upon its adoption and execution in the i 10 manner as required by the City Charter. c 11 12 v 13 14 15 16 0o 17 co 18 19 20 21 w 22 23 111 24 25 26 27 28 4 Packet Pg. 353 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 2 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 2014. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common 6 Council of the City of San Bernardino, acting as the Successor Agency to the Redevelopment 7 Agency of the City of San Bernardino, at a meeting thereof, held on the day of , 2014, by the following vote, to wit: 8 c 9 Council Members Aves Nays Abstain Absent Y 10 MARQUEZ U_ 11 BARRIOS 12 VALDIVIA U 13 SHORETT 14 NICKEL = JOHNSON N 15 = MULVIHILL v 16 co 0 17 18 Georgeann Hanna, City Clerk M 0 19 � The foregoing Resolution is hereby approved this day of , 2014. 20 s 21 0 r Q 22 R. Carey Davis, Chairman 23 Successor Agency to the Redevelopment Agency of the 24 City of San Bernardino 25 Approved as to Form: Gary D. Saenz, City Attorney 26 27 By: t-4� 28 5 Packet Pg.354