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HomeMy WebLinkAbout2015-037 1 RESOLUTION NO. 2015-37 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 3 OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING A $295,000 PURCHASE ORDER FOR CONSULTING 5 SERVICES FROM URBAN FUTURES, INC. WITH RESPECT TO WINDING-DOWN THE FORMER REDEVELOPMENT AGENCY DURING 6 THE PERIOD OF JANUARY THROUGH JUNE 2015. 7 WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a)(1), the 8 Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and 9 WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor and 10 Common Council of the City of San Bernardino elected to serve in the capacity of the Successor 11 Agency to the Redevelopment Agency of the City of San Bernardino (the"Successor Agency"); and 12 WHEREAS, Successor Agency and Urban Futures, Inc. (the "UFI") previously entered into 13 14 an original Agreement for Continuing Disclosure and Consulting Services dated October 1, 2012 15 (Agreement No. 2012-254)(the "Agreement"); and WHEREAS, on February 4, 2013, the Successor Agency and UFI entered into the First 16 Amendment to Agreement for Consulting Services (the "First Amended Agreement"); and 17 WHEREAS, pursuant to the First Amended Agreement, UFI's consulting services with 18 19 respect to winding-down the former redevelopment agency include the seven service categories described below: 20 1. Policy: Policy development services related to the overall management of the Successor 21 Agency including, but not limited to planning, strategies, fiscal feasibility, 22 funding/financing strategies, and/or program development (in conjunction with the City 23 Manager, Mayor's office, City Attorney's office and special counsels); 24 2. Collaboration: Participating in formal and informal planning, strategy and/or project 25 26 management discussions, negotiations and presentations with staff, clients, community officials, local or state government agencies, and others; 27 28 3. Reports: Researching, preparing, reviewing evaluating and/or submitting reports, forms, spreadsheets and any other written documentation that may be required by the Successor 1 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 tasks and/or services that may be required by the Successor Agency, its Oversight Board, 10 the California Department of Finance, State Controller's Office, County Auditor- 11 Controller or other entities; 12 6. Documentation: With respect to the above described services, the listing below is an 13 example of the types of documents that may be required to wind-down the former 14 redevelopment agency. 15 a. Recognized Obligation Payment Schedules ("ROPS"); 16 b. Asset Transfer Review ("ATR"); 17 c. Housing Asset Transfer("ATR"); 18 d. Due Diligence Reviews ("DDR")(Low- and Moderate Income Housing Fund 19 ("LMIHF") and Other Funds and Accounts ("OFA"); 20 e. Long-Range Property Management Plan ("LRPMP"); 21 f. Meet and Confer Requests and Meetings; 22 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 28 2 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 9 WHEREAS, during the periods of ROPS 13-14A (i.e., July through December 2013), ROPS 10 13-14B (i.e., January through June 2014) and ROPS 14-15A (i.e., July through December 2014) the 11 Successor Agency authorized purchase orders for each ROPS period in the amount of $250,000 12 each for UFI's consulting services with respect to winding-down the former redevelopment agency; 13 and 14 WHEREAS, in order to ensure the continuation of UFI's redevelopment wind-down 15 services to the Successor Agency on an uninterrupted basis for the period of ROPS 14-15B (i.e., 16 January through June 2015), it is recommended that the Successor Agency authorize a purchase 17 order in the amount of$295,000; and 18 WHEREAS, the $45,000 increase in purchase order authority for the period of ROPS 14- 19 1513, as compared to the previous periods, is required to ensure that the current efforts that are 20 particularly related to the preparation of the LRPMP and the Successor Agency's portion of the 21 City's Comprehensive Annual Financial Report ending June 30, 2013 are timely completed; and 22 WHEREAS, UFI's services with respect to winding-down the former redevelopment 23 agency are provided by skilled professionals that are former Redevelopment Agency of the City of 24 San Bernardino employees and have been and will continue to be funded with Redevelopment 25 Property Tax Trust Fund ("RPTTF") revenue, which is a substitute term for what previously was 26 known as tax increment revenue, that the Successor Agency receives twice per year (i.e., during 27 January and June) to finance its enforceable obligations pursuant to its ROPS; and 28 3 1 WHEREAS, the Successor Agency has received sufficient RPTTF for the period of ROPS 2 14-15B to fully fund its administrative services enforceable obligations, inclusive of the 3 recommended purchase order with UFI as well as the balance of the Successor Agency's projected 4 administrative services costs; and 5 WHEREAS, all of the prerequisites with respect to the approval of this Resolution have 6 been met. 7 NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE 8 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 Section 1. The foregoing recitals are true and correct and are a substantive part of this 10 Resolution. 11 Section 2. A purchase order in the amount of $295,000 is hereby authorized for 12 consulting services from Urban Futures, Inc. with respect to winding-down the former 13 redevelopment agency during the period of ROPS 14-15B (i.e., January through June 2015). 14 Section 3. This Resolution shall take effect upon its adoption and execution in the 15 manner as required by the City Charter. 16 17 18 19 20 21 22 23 24 25 26 27 28 4 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE 2 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO 3 AUTHORIZING A $295,000 PURCHASE ORDER FOR CONSULTING SERVICES FROM URBAN FUTURES, INC. WITH RESPECT TO 4 WINDING-DOWN THE FORMER REDEVELOPMENT AGENCY DURING THE PERIOD OF JANUARY THROUGH JUNE 2015 (#3689) 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common 7 Council of the City of San Bernardino, acting as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, at a joint regular meeting thereof, held on the 17 day of 8 February, 2015, by the following vote, to wit: 9 10 ay Council Members Ayes Ns Abstain Absent MARQUEZ X 11 BARRIOS X 12 VALDIVIA X 13 SHORETT X 14 NICKEL X 15 JOHNSON X 16 MULVIHILL X 17 18 Georgeann 4nna, City CyJr 19 20 The foregoing Resolution is hereby approved this "� d of February, 2015 21 22 R. Carey Davis, , airman 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: 28 5