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5.F RESOLUTION (ID #3353) DOC ID: 3353 C CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Allen Parker M/CC Meeting Date: 07/21/2014 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 Between the City of San Bernardino and Veronica Tam & Associates, LLC for Professional Consultant Services for the Preparation of the City's Consolidated Plan and Analysis of Impediments to Fair Housing. (#3353) Current Business Registration Certificate: No Financial Impact: $67,300 will be funded with 2015-2020 CDBG Administrative Funds and paid from account number 119-100-0015-5502(Professional/Contractual Services). Presently, there is no budgeted amount for that proposed payment account number. Staff is requesting Council appropriate an additional $67,300 of funding from CDBG Prior Year Funding Motion: Adopt the Resolution. Qw, 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 2015 and the City is mandated to submit its new Consolidated Plan covering program years 2015-2020,by May 15,2015. 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 $3.2 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. Updated:7/17/2014 by Linda Sutherland C Packet Pg. 149 3353 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 2010-2015: High Priority#1: 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#3: 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. High Priority#8: Elimination of Identified Impediments to Fair Housing through Education, Enforcement, and Testing. Updated: 7/17/2014 by Linda Sutherland C Packet Pg. 150 3353 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. Sole Source Justification 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. Staff is requesting approval of a sole source justification as a result of the precarious condition of the City's CDBG, HOME and ESG programs. VTA has specific knowledge of these issues and is best suited to resolve them having worked with City staff over the last five years on Substantial Amendments and other plan amendment processes. In addition, staff believes VTA's familiarity with the City's specific programs and planned activities will be an overall benefit in resolving the pending Housing and Urban Development, Office of Inspector General Audit. (HUD-OIG). 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. 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. u x Updated: 7/17/2014 by Linda Sutherland C _ 3353 Fiscal Impact The contract amount of $67,300 will be funded with 2015-2020 CDBG Administrative Funds and paid from account number 119-100-0015-5502 (Professional/Contractual Services). Presently, there is no budgeted amount for that proposed payment account number. Staff is requesting Council appropriate an additional $67,300 of funding from CDBG Prior Year Funding City Attorney Review: Yes Supporting Documents: Exhibit A (PDF) reso 3353 (PDF) VTA 2014-2015 Contract (DOC) 07-21-15 Veronica Tam LLC Professional Services Agreement CDC Reso(DOC) agrmt 3353 (PDF) I Updated:7/17/2014 by Linda Sutherland C Packet Pg. 152 5.F.a VERONICA TAM AND ASSOCIATES September 27, 2013 Brandon Mims City of San Bernardino, City Manager's Office 300 North "D" Street, 6th Floor San Bernardino, CA 92418 r 0 N LL Subject: Proposal for FY 2015/16 - FY 2019/20 Consolidated Plan and Analysis of Impediments (AI) to Fair Housing Choice U O rn N Dear Mr. Mims: a Veronica Tam and Associates (VTA) is pleased to submit this proposal to assist the City of San E Bernardino with preparation of the FY 2015/16 - FY 2019/20 Consolidated Plan and Analysis of F Impediments (AI) to Fair Housing Choice, cover the planning period of July 1, 2015 through June 30, 2020, and including the FY 2015 Action Plan. o L d We look forward to working with the City of San Bernardino again. Please contact me if you have questions or need additional information. Cn M M R T O A CP > Principal a x w c m E t U r a Packet Pg. 153` 5.F.a City of San Bernardio EN +E FY 2015/16-FY 2019/20 Consolidated Plan/AI Page i City of San Bernardino Consolidated Plan and Al WorkProgram............................................................................................................... 1 Project Management and Assigned Personnel .............................................................. 7 Budget .......................................................................................................................... 8 Capability and References LL N N SSf U O N N Q C R E t4 O U O L d M M M r C O .y d Q 's x w w c m E r Q 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 Packet Pg. 154' City of San Bernardio ® ® FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 1 'Work • • Task 1: Outreach and Education For the development of the Consolidated Plan and Al, we have included the following outreach components: • Education and Priority Setting Meetings (5): Our scope include a total of five meetings with the City Council to educate the public on eligible uses of HUD funds and to help set r priorities for the next five years. } u. • Housing and Community Development Needs Survey: This survey will serve as the survey instrument for both the Consolidated Plan and the Analysis of Impediments (Al) to Fair Housing Choice. The survey will include questions on housing (including fair o housing) and community development needs. We will use www.SurveyMonkey.com to develop a web-based survey where residents can respond to the survey online. Hard a copy surveys will also be provided. Both the online survey and hard copy survey will be offered in English and Spanish. E m • Community Meetings (2): We will conduct two community meetings. The purpose of the M first meeting is to discuss housing and community development needs with residents and U service providers; and the second meeting is to review the Draft Consolidated Plan and o Al. We anticipate these meetings 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. M M VTA will be responsible for preparing the workshop materials and the flyer advertising the workshops. VTA staff will attend and facilitate discussions at these workshops. After the workshops, we will also prepare a summary of community input. o .y • Public Hearings (2): VTA will attend up to two public hearings before the City Council for the adoption of the Consolidated Plan and Al. a Task 2: FY 2015/16 - FY 2019/20 Consolidated Plan x W eCon Planning Suite The eCon Planning Suite replaces the Consolidated Plan Management Program (CPMP). Use E of the eCon Planning Suite is required for all Consolidated Plans submitted on or after November 15, 2012. This eCon Planning Suite is a tool to help jurisdictions meet the Q Consolidated Planning requirements by following the template provided in IDIS. It does not change the requirements pursuant to the Consolidated Planning regulations. Certain data (such as the Comprehensive Housing Affordability Strategy and some Census data) have already been loaded in IDIS as the default data. VTA staff is familiar with the CDBG regulations, Consolidated Plan requirements, and the eCon Planning Suite. Most recently, we have prepared the Consolidated Plans for the City of Glendora and the Monterey Urban County using eCon Planning Suite. We worked with the software developer contracted by HUD to address technical issues with the system. 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 Packet Pg. 155 City of San Bernardio ® ® +© FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 2 Task 2.1: Needs Assessment The housing and community development needs assessment section includes a profile of population, housing and employment in the City of 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 (FY 2015/16- FY 2019/20). Discussion of the following topics is required: • Housing Needs Assessment - Housing supply and demand; affordability; cost burden (overpayment); housing types and condition; inventory of publicly assisted housing and at-risk status; barriers to affordable housing; and lead-based paint hazards. N • Disproportionately Greater Need - Defined by HUD as any group with an extent of u_ housing assistance need that is 10 percentage points higher than the general population. a • Public Housing - Inventory of public housing units; condition of public housing stock and o modernization needs; and any resident initiatives. Q ■ Homeless Needs Assessment - An inventory of homeless shelters, transitional housing, and supportive housing; homeless population and subpopulations; and continuum of care gap analysis. • Non-Homeless Special Needs Assessment - Pursuant to HUD regulations, persons with special needs include elderly and frail elderly; persons with disabilities; persons with o drug and alcohol addictions; victims of domestic violence; female-headed housing households; large households; and persons with HIV/AIDS. M • Non-Housing Community Development Needs - These include public facilities and M infrastructure improvement; accessibility needs; historic preservation; public services; economic development; and planning and administration. _ Empirical Data and Document Review: We will utilize a range of data sources, including 2010 w Census data (as available), real estate market data, and State Department of Finance estimates, to prepare the needs assessment. Another important source of data for the Consolidated Plan is the Comprehensive Housing Affordability Strategy (CHAS) data developed Q by HUD using American Community Survey (ACS) data. As part of the eCon Planning Suite, :c HUD has uploaded new CHAS and public housing data, among others into IDIS. In addition, we x will review existing documents (such as General Plan or other special studies) from to compile w information on housing and community development needs. E Task 2.2: Strategic Plan and HUD-Required Consolidated Plan Tables The Strategic Plan and the HUD-Required Consolidated Plan Needs and Priority Tables will be a created in the context of the eCon Planning Suite. The eCon Planning Suite provides a 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 eCon Planning 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. 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 Packet Pg. 156 5.F.a City of San Bernardio ER + 9 FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 3 The eCon Planning Suite provides a format for the Strategic Plan narrative. The Strategic Plan must include the following topic: • Geographic Priorities • Priority Needs • Influence of Market Conditions • Anticipated Resources • Institutional Delivery Structure • Goals T • Public Housing N • Barriers to Affordable Housing U- U_ • Homelessness Strategy • Lead-based Paint Hazards • Anti-Poverty Strategy N • Monitoring Q c Based on the Needs Assessment and results of the public participation process, we will work with staff to establish geographic priorities and priority housing and community development needs. Specifically, based on anticipated resources, we will need to develop realistic goals that are achievable within the next five years. We will review the Housing Element, Public Housing •2 Agency Plan, regional homeless studies, and other studies to provide additional input. 0 L Products LO • Administrative Draft Consolidated Plan (electronic copy) M • Public Review Draft Consolidated Plan (electronic copy and ten hard copies) T • Adopted Consolidated Plan (electronic copy, three hard copies for HUD submittal) o .2 HUD Review d Our budget includes assisting the City to address comments from HUD during their 45-day review period. a Task 3: Annual Action Plan W The Action Plan will be prepared using the eCon Planning Suite to establish consistency with the Consolidated Plan. The Action Plan includes the SF 424 and Narrative Responses to Action E Plan questions that HUD grantees must respond to each year in order to be compliant with the Consolidated Planning Regulations: Q • Expected Resources • Annual Goals and Objectives • Projects • Geographic Distribution • Affordable Housing • Public Housing • Homeless and Other Special Needs Activities 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 Packet Pg. 157 5.F.a City of San Bernardio ® +® FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 4 • Barriers to affordable housing • Other Actions • Program Specific Requirements Products • Administrative Draft Action Plan (electronic copy) • Public Review Draft Action Plan (electronic copy and ten hard copies) • Adopted Action Plan (electronic copy, three hard copies for HUD submittal) HUD Review N Our budget includes assisting the City to address comments from HUD during their 45-day LL review period. Most of the Consolidated Plans/Action Plans prepared by VTA were approved by HUD without comments. U O Task 4: FY 2015/16 - FY 2019/20 Al Preparation a HUD Focus and Review Standards CU During the last few years, fair housing has become a heightened concern of HUD and the Fair E Housing and Equal Opportunity (FHEO) division has taken a proactive role in reviewing Als and providing technical support to local jurisdictions. During our recent efforts working with HUD, Cz we have learned of HUD's review standards and their concerns regarding current Al reports: o L d • There should be a clear distinction between affordable housing and fair housing. Only when there is a strong correlation between income/affordability and the protected M classes, should affordable housing be presented as a fair housing issue in the Al. • Adequate community outreach must be conducted to solicit comments from residents, advocacy groups, public agencies, housing professionals, and other community o stakeholders. LA m • Housing discrimination in itself is an impediment. Most Al reports treat housing discrimination as an outcome of the fair housing impediments. a r :Q s HUD is in the process of developing specific guidelines and data for the preparation of the AI. W However, the proposed regulations are not adopted yet and no date has been identified for the release of data to assist in the Al preparation. In the event these guidelines and data become d available for the preparation of the Al, VTA will incorporate the necessary analysis and data to the extent feasible. w cr Task 4.1: Community Profile Preparation of this community profile will rely partially on the Consolidated Plan Needs Assessment. Overall, the Al Community Profile should cover the following: ■ Demographic Profile to include the number and proportion of persons by race/ethnicity, age, disability, and familial status, as well as housing segregation (i.e. minority concentrations). We will correlate these demographic characteristics with current and/or changing patterns of fair housing concerns. 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 Packet Pg. 158 S.F.a City of San Bernardio ® +® FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 5 • Income Profile to include income distribution of residents; evaluation of income differences and poverty levels between race and special needs populations; concentration of low-income population by block group. • Employment and Transportation Profile to discuss locations of major employment centers that potentially offer jobs to minorities and persons with disabilities at the lower income levels of the wage scale. We will also evaluate the relationship between public transportation,job centers, and lower income housing locations. • 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 N housing (and related lead-based paint concerns); ownership and rental housing costs; and housing affordability. Relationships between these housing characteristics and fair U) housing concerns will be included. a U • Mapping of Planning Data will be prepared using geographic information system (GIS) to N evaluate geographic relationships among the demographic, income, employment and Q 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: F 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 o projects, and others as information is available) 3. Concentrations of Section 8 assistance (if available from the Housing Authority) .. 4. Concentration of licensed residential care facilities for persons with disabilities 5. Main transit routes in relation to employment centers, lower income, and special needs populations, and assisted housing projects v 6. Low and moderate income areas = 7. Areas of racial/ethnic concentration ° .y Task 4.2: Current Fair Housing Profile W We will evaluate the current fair housing profile in the City of San Bernardino, including the a following: s X • Assessment of current public and private fair housing program/activities to identify and w describe existing programs, services, and activities that assist in the provision of fair a housing. E • Identify and describe fair housing practices and procedures of real estate associations a and apartment owners associations. Q • Contact 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 other agencies. 2. Identification of the nature and extent of hate crimes in the City based on data compiled by the police and by the Federal Bureau of Investigation (FBI). 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 Packet;Pg. 159 City of San Bernardio + FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 6 3. Discussion of other fair housing issues such as the impact of"NIMBYism" on housing choice. Task 4.3: Lending Practices This section addresses lending practices in San Bernardino. Specifically, we will evaluate the following: • Foreclosure activities and other characteristics as available; • Disposition of conventional home purchase, home improvement, and home refinancing loan applications by race and income of applicants; c N • Disposition of government-backed home purchase and home improvement loan LL applications by race and income of applicants; • Lending in low and moderate income areas; o • Lending in minority concentration areas; a • Top lenders in the City; and • Recent changes in lending practices (such as criteria for loan modifications) due to the mortgage crisis. ca U _ O + "° The 2013 HMDA data (to be released in September/October 2014) will be used for the lending analysis. M to Lending PatternsTM VTA is a paid subscriber of Lending PatternsTM, a web-based data exploration tool that analyzes lending records to produce reports on various aspects of mortgage lending. It analyzes HMDA data to assess market share, approval rates, denial rates, low/moderate income lending, and °- high-cost lending, among other aspects. This versatile tool allows detailed analysis that is not feasible using publicly available tabulated data from the Federal Financial Institutions Examination Council (FFIEC). This professional tool is only available to lending institutes and q fair housing professionals. VTA obtained special permission from the software developer to utilize this tool. The following tables demonstrate the types of analysis available through s sTM. w Lending Pattern Task 4.4: Land Use and Zoning Policies E In this task, we will analyze public policies and regulations that impact the availability of housing in the City: `6 w Q ■ Review the Housing Element and interview staff to document compliance or approaches to compliance with the State Housing Element law. Specifically, the State Housing Element law has been amended 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. 1. SB 520 (Reasonable Accommodation) 2. SB 2 (Emergency Shelters, Transitional Housing, Supportive Housing) 3. AB 2634 (Housing for Extremely Low Income Households, including SRO) 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 Packet Pg. 160' S.F.a City of San Bernardio ® + FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 7 4. SB 812 (Housing for Persons with Developmental Disabilities) • Evaluate the General Plan, Land Use Element in relation to the provision of housing choices. • Assess the standards and procedures in terms of occupancy codes and reasonable accommodation procedures and determine their effect on access to housing. Task 4.5: Administrative Policy Review We will review the administrative policies of the City to assess the potential impediments to fair 0 housing, including sensitivity and fair housing training for staff, multilingual capability of code N enforcement and housing programs staff, accessibility of public facilities (Section 504 and ADA compliance). a w Task 4.6: Fair Housing Action Plan o In the Fair Housing Action Plan, we will work with staff and the housing service provider to N identify appropriate and feasible actions to address the impediments. This section also includes `t a review of past accomplishments to determine if existing impediments should be carried forward to the new planning period. E Ca Products • Administrative Draft Al (electronic copy) o L ■ Public Review Draft Al (electronic copy and ten hard copies) > • Adopted Al (electronic copy, three hard copies for HUD submittal) un M Pro ject Management M • Assigned Personnel r C O A Veronica Tam, AICP Veronica Tam will oversee the preparation of the Consolidated Plan for the City of San Bernardino. Throughout her career, Ms. Tam has been directly involved in the preparation of a more than 100 Consolidate Plan, Action Plan, CAPER, and Al reports for jurisdictions throughout California. Many of these were complex projects involving large Urban Counties and x metropolitan areas, including: w :s c • Al for the cities of Glendale, Los Angeles, and Pasadena E • Consolidated Plan and Al for the Los Angeles Urban County (48 participating jurisdictions) • Regional Al for Ventura County (10 participating jurisdictions) Q • Regional Al for San Diego County (19 participating jurisdictions) • Al for San Bernardino Urban County (14 participating jurisdictions) • Consolidated Plan and Al for the Apple Valley/Victorville Consortium (2 participating jurisdictions) Ms. Tam is well-versed with the Consolidated Plan and Al requirements and is familiar with IDIS and has current access to IDIS. 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 Packet,Pg. 161" 5.F.a City of San Bernardio ® +® FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 8 Jessica Suimanjaya, AICP Ms. Suimanjaya joined Veronica Tam and Associates in 2008 after completing her Masters in Urban Planning at UCLA. She has assisted in the preparation of the Consolidated Plan and Al reports for the cities of Long Beach, San Bernardino, and Simi Valley and for the counties of Monterey, San Diego, and Ventura. Ms. Suimanjaya will assist in all aspects of the Consolidated Plan and Al preparation for the City of San Bernardino. Andrew Pasillas Mr. Pasillas will provide assist in the preparation of the Consolidated Plan and Al. Since joining VTA in February 2012, Mr. Pasillas has participated in multiple housing studies. He has significant experience in the compilation and analysis of demographic data and well-versed in o the use of Lending PatternsTm as a tool for analyzing lending trends and patterns. j u_ Brandy Adair y Prior to joining VTA as an employee in 2012, Ms. Adair had provided grants administration services CDBG, ESG, HOME, and NSP grantees. Services have included project management, y technical support, IDIS maintenance, sub-recipient monitoring, procedural training and a budgeting. Her work at VTA includes grants administration and preparing of HUD-mandated reports and studies. E e • ' 0 L d Below is our best estimate on the budget to complete the scope of work outlined in this proposal. ` We have budgeted for a total of nine meetings for the Consolidated Plan and Al development. LO M M Consolidated Plan and Tam Planners Tech Total V_ Analysis of Impediments to Fair Housing Choice $ 135 $ 90 $ 70 Labor r Task 1: Outreach and Eduction o Education and Priority Setting Meetings(5) 30 10 10 $ 5,650 N Housing and Community Development Needs Survey 2 8 24 $ 2,670 Community Workshops(2) 10 10 12 $ 3,090 Public Hearings(2) 10 4 2 $ 1,850 Q Subtotal 52 32 48 $ 13,260 Task 2: Consolidated Plan (FY 2015/16 - FY 2019/20) Task 2.1: Needs Assessment 20 40 40 $ 9,100 j L Task 2.2: Strategic Plan and HUD-Required Consolidated Plan Tables 20 40 $ 6,300 Subtotal 40 80 40 $ 15,400 Q Task 3: Action Plans (2012-2013) 20 40 40 $ 9,100 E Subtotal 20 40 40 $ 9,100 0 Task 4: Analysis of Impediments (Al) Preparation Q Task 4.1: Community Profile 8 24 40 $ 6,040 Task 4.2: Current Fair Housing Profile 2 16 20 $ 3,110 Task 4.3: Lending Practices 4 20 24 $ 4,020 Task 4.4 Land Use and Zoning Policies 4 20 $ 2,340 Task 4.5: Administrative Policy Review 2 16 8 $ 2,270 Task 4.6: Fair Housing Action Plan 8 8 16 $ 2,920 Subtotal 28 104 108 $ 20,700 Project Management/Staff Meetings 40 16 $ 6,840 Miscellaneous(Postage,translation, mileage,etc.) $ 2,000 Total 180 272 236 $ 67,300 107 S. Fair Oaks Avenue, Suite 212 P(626)304-0440 Pasadena, CA 91105 F(626)304-0005 Packet Pg. 162 5.F.a City of San Bernardio ® ® +® FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 9 Capability • References Veronica Tam and Associates (VTA) was incorporated in 2005. Our clients have included rural towns/communities, suburban and urban cities, metropolitan areas, and counties. Consolidated Plans We have prepared numerous Consolidated Plan and related reports, including annual Action Plans, Consolidated Annual Performance and Evaluation Reports (CAPER), and Section 3 Economic and Employment Opportunities Plans for jurisdictions throughout the State. VTA is an approved subcontractor to ICF International for its contract with HUD Headquarters for the c One CPD Technical Assistance Grant. LL • Alhambra ■ Huntington Beach ■ Sacramento City �o • Apple Valley/Victorville ■ Lake Forest ■ Sacramento Urban County o • Buena Park ■ La Mesa ' San Bernardino N • El Cajon ■ Long Beach ■ Santee Q • Garden Grove ■ Monterey Urban County ■ Simi Valley s=o • Glendora ■ Orange Urban County ■ Ventura Urban County E Analysis of Impediments (AI) to Fair Housing Choice U We have prepared some of the most complex Al reports in the State. The Ventura County o Regional Al that involves all ten jurisdictions in the County was identified by HUD as one of the > t few Al reports in California that meets HUD standards. M Ln M • Alhambra ■ Los Angeles ■ San Bernardino • Apple Valley/Victorville ■ Long Beach ■ San Diego County • Chino ■ Monterey County ■ Simi Valley o • Glendale ■ Pasadena ■ Ventura County Grants Administration/IDIS Assistance a We provide various levels of grants administration services for local jurisdictions, and conduct Q subrecipient monitoring on behalf of our clients. We are well-versed in the use of IDIS, assisting both the program delivery staff and finance departments to manage project and w financial information in IDIS. Several of our staff members are processed to have IDIS access. CD E • Alhambra ` Glendora • National City • Camarillo ■ Huntington Beach ■ Santee .2 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 Packet Pg. 163' 5.F.a City of San Bernardio EN +E FY 2015/16-FY 2019/20 Consolidated Plan/AI Page 10 Housing Elements We are well known in our expertise in State Housing Element law. We have prepared Housing Elements throughout the State and maintain an excellent track record of receiving State certification. • Alhambra ■ Hawthorne ■ Redondo Beach • Arcadia ■ Hayward ■ Rocklin • Bell Gardens ■ Hesperia ■ San Diego County • Buena Park ■ Irvine ■ San Ramon • Carlsbad ■ La Canada Flintridge ■ Santee c • Chino ■ La Mesa ■ Seaside } • Corona ■ Lawndale ■ Simi Valley ■ Costa Mesa ■ Lomita South Gate ■ Dublin ■ Long Beach ■ Tracy N ■ El Cajon ■ Los Angeles County ■ Upland Q ■ Escondido ■ Modesto ■ Vista ■ Garden Grove ■ Monterey County ■ Walnut ■ Glendora ■ Port Hueneme ■ West Hollywood F U Housing Ordinances c As part of our follow-up work on Housing Element preparation, we assist local jurisdictions in revising the Zoning Codes to address State housing laws, particularly in relation to SB2 > `r`' (Housing for the Homeless), SB 520 (Housing for Persons with Disabilities), and AB 2634 Cn (Housing for Extremely Low Income Households). M • Carlsbad Zoning Code-Technical Assistance • Hayward Zoning Code-Technical Assistance 0 • Lomita Density Bonus Ordinance • Marina Inclusionary Housing and Affordable Housing Ordinances • Port Hueneme Zoning Code Amendments a • South Gate Zoning Code-Technical Assistance X W Our strengths are: a� E ■ Excellent reputation in the area of housing policy planning in terms of the quality of our products and our client-oriented attitude. We are often praised by our clients for our prompt and knowledgeable responses. ■ Breadth of experience in our housing services. We have experience in preparing a variety of state and federal housing reports, such as Housing Elements, Consolidated Plans, Fair Housing studies, grants applications, and environmental clearance. We also provide grants administration services and are familiar with the regulations governing various housing funds. ■ Diversity of our staff. We have seasoned housing planners with experience in both the private and public sectors. We also have a licensed realtor on staff. 107 S. Fair Oaks Avenue,Suite 212 P(626)304-0440 Pasadena,CA 91105 F(626)304-0005 Packet Pg. 164 5.F.b I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE 3 CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 4 CITY OF SAN BERNARDINO AND VERONICA TAM & ASSOCIATES, LLC FOR PROFESSIONAL CONSULTANT SERVICES FOR THE 5 PREPARATION OF THE CITY'S CONSOLIDATED PLAN AND 6 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING. 7 WHEREAS, the City of the City of San Bernardino ("City") has a need to retain Veronica 8 Tam & Associates, LLC ("Consultant") to prepare the Analysis of Impediments to Fair Housing T Choice ("Analysis") and Five-Year Consolidated Plan (2015-2020); and N 9 ( y ) ( ) LL 10 WHEREAS,the Department of Housing and Urban Development (HUD) requires any local a 11 government receiving Federal grant monies to submit a Consolidated Plan document and an 0 N 12 Analysis of Impediments to Fair Housing Choice document every five years; and 13 WHEREAS, the Consultant has been determined to possess the necessary skills and E 14 qualifications to carry-out the functions described in the Professional Services Agreement 0 15 ("Agreement"); and w 16 WHEREAS,pursuant to the regulations outlined by HUD, a sole source solicitation may be LO M 17 authorized when it is determined that sufficient and/or adequate competition is not available for the M M 18 proposed procurement. M 0 N 19 WHEREAS, the City's Community Planning and Development programs are in a °' _ 20 precarious situation, such that prior knowledge, which VTA possesses, about the City's related s 21 projects, programs, staffing, and audit issues is of paramount importance. Q 22 23 24 25 26 27 28 1 Packet Pg. 165 S.F.b 1 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 3 FOLLOWS: 4 Section 1. The City Manager is hereby authorized to execute a Professional Services 5 Agreement between the City and Veronica Tam & Associates, attached hereto as Exhibit "A" and 6 incorporated herein, for the Consultant to provide assistance to the City to include, but not be 7 limited to, the following: preparation of Five-Year Consolidated Plan, Consolidated Annual Plan 8 Evaluation Report and Analysis of Impediments to Fair Housing Choice incorporating all the � T 9 requirements of Federal regulations (24 CFR parts 91) and 24 CFR 570.904(c)(1) as it relates to LL N 10 both documents. 11 Section 2. That the Director of Finance is hereby authorized to appropriate $67,300 of N a 12 Community Development Block Grant Fund (CDBG) into the 2014-2015 Fiscal Year Budget as 13 follows: E 14 FROM: TO: U .O O 15 CDBG Fund 119-100-0014-5502 16 Section 3. This Resolution shall take effect from and after its date of adoption by this LO M M_ 17 Council. M LO M 18 Section 4. That a copy of this Resolution shall remain on file in the City Clerk's Office for a c N N 19 miniRuum of seven years after the date of adoption. c d 20 /// E 21 a 22 23 24 25 26 27 28 2 Packet Pg. 166 i 5.Rb I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE 3 CITY OF SAN BERNARDINO AND VERONICA TAM & ASSOCIATES, LLC FOR PROFESSIONAL CONSULTANT SERVICES FOR THE 4 PREPARATION OF THE CITY'S CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING. S I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, 7 held on the day of 2014, by the following vote to wit: g � � Council Members: Ayes Nays Abstain Absent N 9 >- MARQUEZ 10 BARRIOS 11 0 VALDIVIA Q 12 SHORETT E 13 NICKEL 14 .0 o 15 MULVIHILL > 16 n M M 17 ; M LO Georgeann Hanna, City Clerk M 18 o d 19 e The foregoing Resolution is hereby approved this day of 12014. d 20 E 21 a i 22 R. Carey Davis,Mayor 23 1 Approved as to Dorm: Gary D. Saenz, City Attorney 24 2s Bye 26 27 ! 28 I' f s i; 3 Packet Pg. 167 5.F.c 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VERONICA TAM& ASSOCIATES 2 FOR TECHNICAL ASSISTANCE AND OTHER PROFESSIONAL SERVICES 3 RELATED TO THE PREPARATION OF THE CITY'S CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING 4 5 THIS AGREEMENT is made and entered into this 21sT day of July, by and between the 6 CITY OF SAN BERNARDINO ("VTA") and VERONICA TAM & ASSOCIATES, a dually 7 qualified firm ("VTA") with specialized experience in the preparation of the City of San 8 Bernardino's Consolidated Plan, having prepared that document previously for the 2010-2015 04 9 Consolidated planning period. 10 v WHEREAS, the CITY is responsible for and has been sanctioned as a result of failing to 11 Q 12 have sufficient management oversight of the City's Community Development Block Gran F 13 (CDBG, Home Investment Partnership Program (HOME), Neighborhood Stabilization Program c 14 (NSP) and Emergency Solutions Grant (ESG)program; and o 0 15 WHEREAS, the primary concern is the steady expenditure of funds from all of the > M LO 16 M aforementioned funding sources, which.requires the proper reporting, completion and tracking of Cl) 17 M program activities; and "' 18 E L WHEREAS, VTA possesses the necessary knowledge, skills and abilities to perform the 19 u 20 needed services as a result of their technical experience preparing Consolidated Plans 21 Consolidated Action Plan Evaluation Report, including preparation of those documents on behal w a 22 of the City of San Bernardino. 23 24 25 26 Veronica Tam and Associates,2014-2015 Page 1 27 Packet Pg. 168 5.F.c 1 NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the 2 parties hereto agree as follows: 3 4 1. SERVICES PROVIDED. 5 Scope of Services. For the remuneration stipulated, VTA shall provide the professions 6 7 services attached to this contract as Exhibit"A" Scope of Services. 8 Standards of Performance. VTA shall perform all services required pursuant to thi c N 9 Agreement to the satisfaction of the City Manager or his designee. For purposes of this contract, U- 10 services required to satisfy this agreement will be evaluated by the Director and/or Deputy o y 11 Director of Housing. VTA shall perform all services described in this Agreement in a mannera 12 consistent with the standards of care, diligence and skill ordinarily exercised by professionals in E 13 F- IC similar fields and circumstances in accordance with sound professional practices. 14 0 Non-discrimination. In performing this Agreement, VTA shall not engage in > 15 M 16 discrimination in employment of persons because of their race, religion, color, national origin, M 17 ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or M M a+ 18 sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. a� 19 Delegation and Assignment. This is a Professional Services contract, and the duties se E forth herein, shall be assigned only to agents of VTA. 21 Q Conflicts of Interest. During the term of this Agreement, VTA, shall at all times, 22 23 maintain a duty of loyalty and fiduciary duty to the CITY and shall not accept payment from, or 24 employment with, any person or entity which will constitute a conflict of interest with th 25 services performed for CITY. 26 Veronica Tarn and Associates,2014-2015 2 7 Page 2 Packet Pg. 169 1 2. COMPENSATION. 2 Compensation. CITY hereby agrees to pay VTA a total of$67,300 for the services outline 3 in "Exhibit A." Other than this compensation, VTA shall not be entitled to any othe 4 compensation. 5 Additional Services. VTA shall not receive compensation for any services provided outside 6 7 the scope of services specified in this Agreement unless the CITY, prior to VTA performing the LO 8 additional services, approves such additional services in writing. It is specifically understood 0 N 9 that oral requests and/or approvals of such additional services or additional compensation shat u- 2 10 be barred and are unenforceable. 0 11 3. TERM AND NOTIFICATION. a -0 e 12 ce Term. This Agreement shall commence on the Effective Date and continue until the E 13 E— funds are exhausted or June 30, 2015, whichever occurs first, unless the Agreement is previously `c°> 14 0 terminated as provided for herein. > M 16 Termination. CITY or VTA may terminate the services, with or without cause at an M time upon written notification b either party. In the event of termination VTA shall be paid 17 p Y P Y � p M M r 18 the balance of hours worked and services rendered to the date of termination. Nothing in the E L {B 19 Agreement shall be construed as creating any vested right in such appointment or in employment E 20 with the CITY. 21 Q Documents. In the event of termination of this Agreement, all documents prepared by 22 VTA in its performance of this Agreement including, but not limited to, finished or unfinished 23 24 "Fork assignments, shall be delivered to the CITY within ten(10) days of delivery of termination 25 notice to VTA, at no cost to the CITY. 26 Veronica Tani and Associates,2014-2015 _ 27 Page 3 i Packet Pg. 170 i 1 4. GENERAL PROVISIONS. 2 Entire Agreement. This Agreement constitutes the entire Agreement between parties 3 with respect to any matter reference herein and supersedes any and all other prior writings an 4 oral negotiations. This Agreement may only be modified in writing, and signed by the parties i 5 interest at the time of such modification. The terms of the Agreement shall prevail over any 6 7 inconsistent provision in any other contract document appurtenant hereto, including exhibits to 8 this Agreement. c N 9 Notices. Any notices, documents, correspondence or other communications concerning U- a� 10 this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail o 11 and shall be addressed as set forth below. Such communication shall be deemed served o a 12 delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the E time of transmission is such communication is sent by facsimile; and c) 48 hours after the deposi 14 C in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through > 15 M 16 regular U. S. Mail. M M 17 r`ni M 18 IF TO VTA: IF TO CITY: E L City Manager ca 19 City of San Bernardino 300 North D Street E 20 — San Bernardino, CA 92418 21 Telephone(909)384-5122 Fax(909) 384-5138 22 Attorneys' Fees. In the event that litigation is brought by any party in connection with 23 24 this Agreement, the prevailing party shall be entitled to recover from the opposing party all cost 25 and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the 26 Veronica Tam and Associates,2014-2015 27 Page Packet Pg. 171 5.F.c 1 exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, 2 conditions, or provisions hereof. The costs, salary and expenses of the City Attorney an 3 members of his office in enforcing this contract on behalf of the CITY shall be considered as 4 "attorneys' fees"for the purposes of this Agreement. 5 Governing Law. This Agreement shall be governed by and construed under the laws o 6 7 the State of California without giving effect to that body of lays pertaining to conflict of laws. I 8 the event of any legal action to enforce or interpret this Agreement, the parties hereto agree thato N 9 the sole and exclusive venue shall be a court of competent jurisdiction in San Bernardino U.fn a� r 10 County, California. o fn 11 Assignment. VTA shall not voluntarily or by operation of law assign, transfer, sublet or c 12 encumber all or any part of VTA's interest in this Agreement without CITY'S prior written E 13 F' consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall Iwo 14 C L constitute a breach of this Agreement and cause for termination of this Agreement. Regardless > 15 M 16 of CITY'S consent, no subletting or assignment shall release VTA of VTA'S obligation to M 17 perform all other obligations to be performed by VTA hereunder for the term of this Agreement. co M 18 Headings. Paragraphs and subparagraphs headings contained in this Agreement are a� 19 included solely for convenience and are not intended to modify, explain or to be a full or E 2 accurate description of the content thereof and shall not in any way affect the meaning of 21 Q interpretation of this Agreement. 22 23 Amendments. Only a writing executed by all parties hereto, or their respective 24 successors and assigns, may amend this Agreement. 25 26 Veronica Tarn and Associates,2014-2015 2 7 Page 5 Packet Pg. 172 I Waiver. The delay or failure of either party at any time to require performance o 2 compliance by the other of any of its obligation or agreements shall in no way be deemed 3 waiver of those rights to require performance or compliance. No waiver of any provision of this 4 Agreement shall be effective unless in writing and signed by a duly authorized representative of 5 the party against whom enforcement if a waiver is sought. The waiver of any right or remedy 6 with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with 7 8 respect to any other occurrence or event,nor shall any waiver constitute a continuing waiver. c N 9 Severabili ty. if any provision of this Agreement is determined by a court of competentN as r 10 jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the o N N 11 validity or enforceability of the remaining terms and provision hereof or of the offendingQ 12 provision in any other circumstances, and the remaining provisions of this Agreement shall E �a 13 ~ remain in full force and effect. 14 0 Counterparts. This Agreement may be executed in one or more counterparts, each of 15 M 16 which shall be deemed an original, All counterparts shall be construed together and shall M M 17 constitute one agreement. 11' M M .r+ 18 Corporate Authority. The persons executing this Agreement on behalf of the parties E �a 19 hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties E 20 and that by doing so the parties hereto are formally bound to the provisions of this Agreement. w 21 Q 22 23 24 25 26 Veronica Tam and Associates,2014-201 Page 27 Packet Pg. 173; 5.F.c 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VERONICA TAM& ASSOCIATES 2 FOR TECHNICAL ASSISTANCE AND OTHER PROFESSIONAL SERVICES 3 RELATED TO THE PREPARATION OF THE CITY'S CONSOLIDATED PLAN AND ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING 4 5 IN WITNESS THEREOF, the parties hereto have caused this Agreement to be execute 6 by and through their respective authorized officers, as of the date first written above. 7 8 CITY OF SAN BERNARDINO, Veronica Tam &Associates 9 A municipal corporation v 10 U 0 N 11 Alien Parker, City Manager Veronica Tam, Principal Q 12 E 0 13 Approved as to form: Gary D. Saenz, City Attorney U 14 0 a> 15 B l_l CL M LO Cl) 16 n Cl) 17 M M a+ 18 F L 0) CU 19 = y E 20 C 0 21 Q 22 23 24 25 26 Veronica Tam and Associates,2014-2015 Page 27 Packet Pg.174 5.F.c 1 EXHIBIT A 2 SCOPE OF SERVICES 3 Attached as "Proposal for 2015/16—FY 2015-2020 Consolidated Plan and Analysis of 4 Impediments to Fair Housing Choice" 5 6 7 8 0 N N d rr 10 O N 11 Q C 12 E c0 13 14 0 L d 15 M LO 16 M M 17 M M w 18 E L f6 19 as 20 co w 21 Q 22 23 24 25 26 Veronica Tam and Associates, 2014-2015 27 Page 8 Packet Pg. 175