HomeMy WebLinkAbout05.Q- Successor Agency 5.Q
RESOLUTION (ID # 3689) DOC ID: 3689
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Purchase Order
From: Lisa Connor M/CC Meeting Date: 02/17/2015
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 $295,000 Purchase Order for Consulting Services from Urban Futures,
Inc., with Respect to Winding-Down the Former Redevelopment Agency During the
Period of January through June 2015. (#3689)
Current Business Registration Certificate: Yes
Financial Impact:
UFI's services with respect to winding-down the former redevelopment agency are
provided by skilled professionals that are former Redevelopment Agency of the City of
San Bernardino employees and 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, that the Successor Agency
receives twice per year (i.e., during January and June) to finance its enforceable
obligations pursuant to its ROPS. Further, the Successor Agency has received
sufficient RPTTF for the period of ROPS 14-15B to fully fund its administrative services
enforceable obligations, inclusive of the recommended purchase order with UFI as well
as the balance of the Successor Agency's projected administrative services costs. 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
Updated: 2/9/2015 by Georgeann "Gigi" Hanna I Packet Pg. 262
5.Q
3689
of San Bernardino authorizing a $150,000 Supplemental Purchase Order for consulting
services from Urban Futures, Incorporated with respect to winding down the former
Redevelopment Agency during fiscal year 2012-13.
On January 21, 2014, the Mayor and Common Council adopted a Resolution (2014-23)
as the 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.
On August 4, 2014, the Mayor and Common Council adopted a Resolution (2014-310)
as the 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 for ROPS period July through December 2014.
Background:
Pursuant to Health and Safety Code (the "HSC") § 34172 (a)(1), the Redevelopment
Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent with
the provisions of the HSC, on January 9, 2012 the Mayor and Common Council of the City
of San Bernardino elected to serve in the capacity of the Successor Agency to the
Redevelopment Agency of the City of San Bernardino (the "Successor 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"). Pursuant to the First Amended Agreement, UFI's consulting
services with respect to winding-down the former redevelopment agency include the seven
service categories described below:
1. Policy: Policy development services related to the overall management of the
Successor Agency including, but not limited to planning, strategies, fiscal feasibility,
funding/financing strategies, and/or program development (in conjunction with the
City Manager, Mayor's office, City Attorney's office and special counsels);
2. Collaboration: Participating in formal and informal planning, strategy and/or project
management discussions, negotiations and presentations with staff, clients, community
officials, local or state government agencies, and others;
3. Reports: Researching, preparing, reviewing evaluating and/or submitting reports,
forms, spreadsheets and any other written documentation that may be required by the
Successor Agency, its Oversight Board, the California Department of Finance ("DOF"),
State Controller's Office ("SCO"), County Auditor-Controller ("CAC"), City Manager, the
Mayor's office, the City Attorney's office, the Finance Department, special counsels, or
other entities;
4. Representation: Providing oral presentations that may be required by the Successor
Agency, the Oversight Board, the California Department of Finance, State Controller's
Updated: 2/9/2015 by Georgeann "Gigi" Hanna I Packet Pg. 263
5.Q
3689
Office, County Auditor-Controller or other entities;
5. Compliance/Implementation: Perform any compliance and/or implementation related
tasks and/or services that may be required by the Successor Agency, its Oversight
Board, the California Department of Finance, State Controller's Office, County Auditor-
Controller or other entities;
6. Documentation: With respect to the above described services, the listing below is an
example of the types of documents that may be required to wind-down the former
redevelopment agency.
a. Recognized Obligation Payment Schedules ("ROPS");
b. Asset Transfer Review ("ATR");
c. Housing Asset Transfer ("ATR");
d. Due Diligence Reviews ("DDR")(Low- and Moderate Income Housing Fund
("LMIHF") and Other Funds and Accounts ("OFA");
e. Long-Range Property Management Plan ("LRPMP");
f. Meet and Confer Requests and Meetings;
g. Finding of Completion;
h. Final and Conclusive Enforceable Obligation Determinations;
i. Insufficient Funds Notifications; and
j. Real property disposition procedures; and
7. Other: Provide any other related service that staff may request; and
Per the First Amended Agreement, UFI is to provide redevelopment agency wind-down
services to Successor Agency on an as needed, on-call, time and materials basis without a
financial cap subject to the financial limitations specified within purchase orders. Consistent
with the foregoing, during the period the Recognized Obligation Payment Schedule
("ROPS") III (i.e., January through June 2013), the Successor Agency authorized two
purchase orders totaling $250,000 (i.e., $100,000 on February 4, 2013 and $150,000 on
May 6, 2013) for UFI's consulting services with respect to winding-down the former
redevelopment agency. During the periods of ROPS 13-14A (i.e., July through December
2013), ROPS 13-14B (i.e., January through June 2014) and ROPS 14-15A (i.e., July
through December 2014) the Successor Agency authorized purchase orders for each
ROPS period in the amount of $250,000 each 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 14-15B (i.e., January
through June 2015), it is recommended that the Successor Agency authorize a purchase
order in the amount of $295,000. The $45,000 increase in purchase order authority for the
period of ROPS 14-15B, as compared to the previous periods, is required to ensure that the
current efforts that are particularly related to the preparation of the LRPMP and the
Successor Agency's portion of the City's Comprehensive Annual Financial Report ending
June 30, 2013 are timely completed.
Fiscal Impact
Updated: 2/9/2015 by Georgeann "Gigi" Hanna Packet Pg.264
5.Q
3689
UFI's services with respect to winding-down the former redevelopment agency are provided
by skilled professionals that are former Redevelopment Agency of the City of San
Bernardino employees and 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, that the Successor Agency receives twice per year
(i.e., during January and June) to finance its enforceable obligations pursuant to its ROPS.
Further, the Successor Agency has received sufficient RPTTF for the period of ROPS 14-
156 to fully fund its administrative services enforceable obligations, inclusive of the
recommended purchase order with UFI as well as the balance of the Successor Agency's
projected administrative services costs. 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.
City Attorney Review:
Supporting Documents:
Reso for UFI Consulting Services for ROPS 14-15B (DOC)
Updated: 2/9/2015 by Georgeann "Gigi" Hanna Packet Pg.265
1
RESOLUTION NO.
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 —
SERVICES FROM URBAN FUTURES, INC. WITH RESPECT TO L
5
WINDING-DOWN THE FORMER REDEVELOPMENT AGENCY DURING
6 THE PERIOD OF JANUARY THROUGH JUNE 2015. _
M
7 WHEREAS, pursuant to Health and Safety Code (the "HSC") § 34172 (a)(1), the D
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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 in
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 o
v
12
WHEREAS, Successor Agency and Urban Futures, Inc. (the "UFI") previously entered into 0
13
an original Agreement for Continuing Disclosure and Consulting Services dated October 1, 2012 m
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15 (Agreement No. 2012-254)(the"Agreement"); and N
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WHEREAS, on February 4, 2013, the Successor Agency and UFI entered into the First 0
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Amendment to Agreement for Consulting Services (the"First Amended Agreement"); and °
17 W
18 WHEREAS, pursuant to the First Amended Agreement, UFI's consulting services with
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 v
21 FL
22 Agency including, but not limited to planning, strategies, fiscal feasibility, o
23 funding/financing strategies, and/or program development (in conjunction with the City d
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 E
management discussions, negotiations and presentations with staff, clients, community Q
26
27 officials, local or state government agencies, and others;
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 Packet Pg.266
5Qa
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;
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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 in
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-
Controller or other entities; v
12
6. Documentation: With respect to the above described services, the listing below is an co
13
example of the types of documents that may be required to wind-down the former m
14 r
redevelopment agency. d
15 m
a. Recognized Obligation Payment Schedules ("ROPS"); p
16
b. Asset Transfer Review("ATR"); ,o
17 c. Housing Asset Transfer("ATR");
18 d. Due Diligence Reviews ("DDR")(Low- and Moderate Income Housing Fund
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19 ("LMIHF") and Other Funds and Accounts ("OFA");
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20 e. Long-Range Property Management Plan("LRPMP"); v
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f. Meet and Confer Requests and Meetings;
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g. Finding of Completion; C
23
h. Final and Conclusive Enforceable Obligation Determinations;
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24
i. Insufficient Funds Notifications; and E
25
j. Real property disposition procedures; and w
26 a
7. Other: Provide any other related service that staff may request; and
27
28
2 Packet Pg.2 67
I
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
d
5 `
Payment Schedule ("ROPS") III (i.e., July through December 2013), the Successor Agency LL
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
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8
redevelopment agency; and
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WHEREAS, during the periods of ROPS 13-14A (i.e., July through December 2013), ROPS
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13-14B (i.e., January through June 2014) and ROPS 14-15A (i.e., July through December 2014) the
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Successor Agency authorized purchase orders for each ROPS period in the amount of $250,000 v
12
each for UFI's consulting services with respect to winding-down the former redevelopment agency; 00
13
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WHEREAS, in order to ensure the continuation of UFI's redevelopment wind-down
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services to the Successor Agency on an uninterrupted basis for the period of ROPS 14-15B (i.e., 0
16
January through June 2015), it is recommended that the Successor Agency authorize a purchase ,o
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- in
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19 =
15B, 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 v
21
City's Comprehensive Annual Financial Report ending June 30, 2013 are timely completed; and M
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22 ,0
WHEREAS, UFI's services with respect to winding-down the former redevelopment C
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agency are provided by skilled professionals that are former Redevelopment Agency of the City of
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San Bernardino employees and have been and will continue to be funded with Redevelopment E
25 Property Tax Trust Fund ("RPTTF") revenue, which is a substitute term for what previously was
26 a
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 Packet Pg.268
5Qa
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 v;
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WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
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been met.
7
NOW, THEREFORE, BE IT RESOLVED BY THE SUCCESSOR AGENCY TO THE N
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: it
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Section 1. The foregoing recitals are true and correct and are a substantive part of this
10
Resolution.
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11 Section 2. A purchase order in the amount of $295,000 is hereby authorized for v
12 consulting services from Urban Futures, Inc. with respect to winding-down the former 0)
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13 redevelopment agency during the period of ROPS 14-15B (i.e.,January through June 2015).
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14 Section 3. This Resolution shall take effect upon its adoption and execution in the LO
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15 manner as required by the City Charter. N
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4 Packet Pg.269
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) a
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common
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 regular meeting thereof, held on the 17th day of
8 February, 2015,by the following vote,to wit:
9 Cn
Council Members Ayes Nays Abstain Absent C
10 r
MARQUEZ
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11 BARRIOS ci
12 VALDIVIA 00
13 SHORETT y
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14 NICKEL 4
15 JOHNSON a
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16 MULVIHILL
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18 Georgeann Hanna, City Clerk
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19
20 The foregoing Resolution is hereby approved this day of February, 2015 0
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22 -
R. Carey Davis, Chairman
23 Successor Agency to the
Redevelopment Agency of the
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24 City of San Bernardino d
25 Approved as to Form:
Gary D. Saenz, City Attorney w
26 a
27 By:
28
5 Packets Pg 270