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RESOLUTION (ID # 3716) DOC ID: 3716 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Allen Parker M/CC Meeting Date: 03/02/2015
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 Execution of a Second Amendment to the Vendor Services Agreement Between
Municipal Housing Solutions and the City of San Bernardino. (#3716)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: $2,400,000; $2,120,000
Account No. 117-100-0014-5502; 120-100-0014-5502
Account Description: Professional Contractual Services
Balance as of: March 2, 2015: $659,850.07; $1,129,290.11
Balance after approval of this item: $579,850.07; $1,049,290.11
Motion: Adopt the Resolution.
Previous Council Action
On November 13, 2013, Council approved Resolution #2013-315 which authorized the City
Manager to enter into a vendor services agreement with Municipal Housing Services (MHS)for
management of the City's Home Investment Partnership (HOME) and Neighborhood
Stabilization (NSP) programs. The contract was not to exceed $60,000 through June 30, 2014.
In response to the needs of the program, on April 7, 2014 Council approved Resolution #2014-
73 which authorized the City Manager to execute Amendment#1 to the vendor services
agreement between Municipal Housing Services (MHS)for additional technical program
assistance and management of the City's Home Investment Partnership (HOME) and
Neighborhood Stabilization (NSP) programs through April 2015. The contract amount was not
to exceed $200,000.
Background
As an entitlement community, the City of San Bernardino receives a formula allocation of HOME
funds each fiscal year from the Department of Housing and Urban Development(HUD). The
City was also a recipient of President Obama's Neighborhood Stabilization Program (NSP 1 and
3) granted in 2008 and 2011, respectively. As part of the City's commitment for acceptance of
these funds, we are required to administer the program activities in adherence to Department of
Housing and Urban Development(HUD) regulations. MHS has successfully provided
consulting services for the administration of the NSP and HOME programs. The following are
some key accomplishments by MHS staff:
Updated: 2/25/2015 by Georgeann "Gigi" Hanna A Packet Pg. 16
3716
Program Description Outcome/ Accomplishment
CDBG Office of Inspector General (OIG) audit- MHS Based on the analysis and
assisted in the response to the OIG audit, secondary worksheets prepared
pertaining to Code Enforcement labor costs that by MHS, the City was able to
had been disallowed by the OIG, totaling validate $3.5 million in
approximately $3.8 million. MHS analyzed data allowable labor costs that had
and other supplemental records to develop a been disallowed, thereby
payment methodology and provide satisfactory reducing the City's repayment
supporting documentation for the labor costs liability.
that had been disallowed by the OIG.
HOME HOME Program Monitoring - In August 2013, Based on MHS' response to the
HUD monitored the City's HOME Program. monitoring, the finding was
They found that a project had been over- cleared, and the City did not
subsidized, and required the City to reimburse have to repay $189,386.
$189,386 from non-federal sources.
HOME 2013 HOME shortfall -The City was not in MHS prepared a response and
compliance with HOME Program timeliness provided satisfactory supporting
requirements for fund commitments and documentation to demonstrate
expenditures. The City was at risk of losing commitment and expenditures
approximately $1.8 million in HOME funds. of over$1.6 million, which
reduced the amount of HOME
shortfall amount.
HOME 2014 HOME shortfall -The City was not in MHS staff has worked diligently
compliance with HOME Program timeliness to fund eligible projects to
requirements for fund commitments and ensure that HOME monies were
expenditures. The City was at risk of losing expended by the deadline. No
approximately $1.6 million in HOME funds that HOME funds were lost.
had not been expended.
NSP 3 Expenditure deadline - NSP 3 funds expire on MHS staff has worked diligently
February 26, 2015. Funds not expended by the to fund eligible projects to
deadline are recaptured by HUD. ensure that NSP 3 funds are
Approximately $1.8 million was at risk of being expended by the deadline. It is
recaptured. anticipated that no NSP 3 funds
will be lost.
Municipal Housing Solutions (MHS) is intimately aware of the issues within the City's housing
programs. The Principal Consultant, Daysi Hernandez, has worked for HUD assisting in
monitoring the City of San Bernardino's NSP program in 2013. Prior to HUD, she worked for
the City of Pico Rivera as Redevelopment/Housing Manager. Ms. Hernandez has a Master's
Degree in Public Administration and Seventeen years of diversified experience in housing and
community development. She possesses extensive knowledge and understanding of the
principles, processes, standards and best work practices for the administration of federal
funding and housing programs.
Statement of the Issue
Updated: 2/25/2015 by Georgeann "Gigi" Hanna A Packet Pg. 17
3716
The City continues to need services for the implementation of its NSP and HOME programs in
order to have the program management capacity required by HUD. Council approval of the
proposed contract extension with MHS is required.
Fiscal Impact
There will be no impact to the General Fund. Both NSP and HOME programs allow a
percentage of the total grant funds to be used on "Administration." The contract shall not
exceed $160,000 through December 31, 2015 to be paid as follows:
Consultant Type Rate
Principal Consultant $80 per hour
Associate Consultant $48 per hour
Junior Consultant $20 per hour
Account Amount
117-100-0014-5502 - Professional/Contractual Services $80,000
120-100-0014-5502 - Professional/Contractual Services $80,000
Single Source Justification
Ms. Hernandez has unique and specialized experience auditing the City of San Bernardino's
HOME/NSP programs as an employee of HUD. She is intimately aware of the issues the City
needs fixed and she possesses the resources and HUD contacts to move quickly in the
process.
Recommendation
Staff recommends adopting the attached Resolution, authorizing a second amendment to the
contract for MHS professional services agreement through December 31, 2015 and maintaining
the compensation level at the existing contract rates. Staff will reassess the needs of the
program prior to the contract expiration date and return to Council with a long-term management
plan.
City Attorney Review:
Supporting Documents:
Amendment#2 Resolution (New) (DOC)
agrmt 3716 (PDF)
First Proposal for Services - November 2013 (PDF)
MHS First VSA (PDF)
Resolution Approving MHS First VSA (PDF)
Amendment #1 Proposal from MHS March 2014 (PDF)
Resolution Approving Amendment #1 (PDF)
Updated: 2/25/2015 by Georgeann "Gigi" Hanna A Packet'Pg. 18
5.C.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND
3 AMENDMENT TO THE VENDOR SERVICES AGREEMENT BETWEEN
4 MUNICIPAL HOUSING SOLUTIONS AND THE CITY OF SAN BERNARDINO
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON E
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: o
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8 SECTION 1. The City Manager is hereby authorized and directed to execute a w
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9 Second Amendment to the Vendor Services Agreement between the City of San Bernardino =
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and Municipal Housing Solutions, attached hereto and incorporated herein by this reference. o
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SECTION 2. Authorization is given to issue a purchase order to Municipal Housing A
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Solutions in an amount not to exceed $160,000 to be paid from the following accounts: Q
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14 Account Amount
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15 $80,000 120-100-0014-5502 3
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16 $80,000 117-100-0014-5502 c
17 SECTION 3. The authorization granted hereunder shall expire and be void and of no N
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further effect if the agreement is not executed by both parties and returned to the Office of the
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20 City Clerk within sixty(60) days following the effective date of this Resolution. E
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND
2 AMENDMENT TO THE VENDOR SERVICES AGREEMENT BETWEEN
MUNICIPAL HOUSING SOLUTIONS AND THE CITY OF SAN BERNARDINO
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a meeting
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7 thereof, held on the day of , 2015,by the following vote, to wit: a
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8 Council Members: AYES NAYS ABSTAIN ABSENT W
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11 BARRIOS
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12 VALDIVIA
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19 Georgeann Hanna, City Clerk =
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20 The foregoing resolution is hereby approved this day of , 2015. _
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R. Carey Davis, Mayor s
23 City of San Bernardino
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Approved as to form:
25 Gary D. Saenz, City Attorney
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27 By.
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SECOND AMENDMENT TO VENDOR SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND MUNICIPAL HOUSING SOLUTIONS
This Second Amendment is made and entered into as of March 2, 2015 by and between the City
of San Bernardino, a charter city (" City"), and Municipal Housing Solutions (Consultant"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
RECITALS:
1. This Amendment is made with respect to the following facts and purposes:
a. On November 13, 2013, Council approved Resolution 92013-315 which 2-
authorized the City Manager to enter into a vendor services agreement with o
Municipal Housing Services (MHS) for management of the City's Home a
Investment Partnership (HOME) and Neighborhood Stabilization (NSP) N
programs. The contract was for a total amount not to exceed $60,000 through w
June 30,2014. 2
b. Between the period of November 18, 2013 and April 7, 2014, the demands of the =
program combined with need to resolve the Housing and Urban Development c
(HUD) Department, Office of Inspector General (OIG) Audit, the future program o
planning, administration, and regulatory requirements have required additional
work beyond the scope of the original agreement in both the Home Investment N
Partnership(HOME)and Neighborhood Stabilization(NSP)programs. E
c. On April 7, 2014 Council approved Resolution #2014-73 which authorized the a
City Manager to execute Amendment #1 to the vendor services agreement
between Municipal Housing Services (MHS) for additional technical program M
assistance and management of the City's Home Investment Partnership (HOME)
and Neighborhood Stabilization (NSP) programs through April 2015. The
contract amount was not to exceed Two Hundred Thousand Dollars ($200,000). Y
d. The parties now desire to amend the Agreement for a second time through E
December 31, 2015 for a total cost not to exceed One Hundred and Sixty
Thousand Dollars ($160,000).
e. During the Second Amendment period, staff will assess the needs of the program E
prior to the contract expiration date and return to Council with a long-term
management plan for remaining HOME and NSP funds. Q
Packet;Pg.21
SECOND AMENDMENT TO VENDOR SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND MUNICIPAL HOUSING SOLUTIONS
COMPENSATION AND EXPENSES:
2. Section 2. "Compensation and Expenses"of the agreement is hereby amended as follows:
a. For the services delineated above, the City, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$80.00 per hour for services provided by
the Principal Consultant and $ 48.00 per hour for services provided by the
Associate Consultant, $20.00 per hour services provided by the Junior Analyst.
Monthly billing for this contract may not exceed $ 20,000. The total amount of
this Agreement shall not exceed$ 360,000. 00.
b. No other expenditures made by VENDOR shall be reimbursed by CITY. 2
3. Section 3. "Term; Termination"- of the Agreement is hereby amended as follows: o
a. The term of this Agreement is from March 2, 2015 through December 31, 2015. a
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4. Except for the changes specifically set forth herein, all other terms and conditions of w
the Agreement shall remain in full force and effect. o
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SECOND AMENDMENT TO VENDOR SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND MUNICIPAL HOUSING SOLUTIONS
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO
By: Date:
Allen Parker, City Manager
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VENDOR o
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Municipal Housing Solutions a
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By: Date: _
Daysi Hernandez, Owner 0
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Approved as to Form y
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Gary D. Saenz, City Attorney
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MUNICIPAL HOUSING SOLUTIONS
November 1, 2013
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Mr. Brandon Mims a
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City of San Bernardino z
300 N. "D" Street, 6th Floor w
San Bernardino, CA 92418 0
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RE: PROPOSAL FOR PROFESSIONAL SERVICES FOR THE ADMINISTRATION °�
OF DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PROGRAMS
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Dear Brandon:
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It is a pleasure to submit the attached proposal for the administration of your a
Neighborhood Stabilization Program (NSP) and Home Investment Partnerships (HOME)
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Programs, funded by the Department of Housing and Urban Development (HUD). M
Municipal Housing Solutions (MHS) is a newly formed, minority-owned consulting firm o
that brought together the expertise of seasoned public and private sector professionals to
provide cost-effective services for the administration and implementation of federally-
funded affordable housing programs. ;
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MHS staff has over thirty years of collective experience and offers comprehensive, top-
quality services that are performed in a timely manner and at reasonable rates.
We are looking forward to providing our services and expertise for the efficient N
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administration of your HUD programs. Thank you very much for your consideration. °
Respectfully, a
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Daysi We nande
Principal Consultant E
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229 W. Oakview Dr., Azusa, CA 91702 ( 626) 253 - -': packet pg. 24
MUNICIPAL HOUSING SOLUTIONS
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SCOPE OF WORK
Ongoing Administration of NSP and HOME Programs
MHS staff will assist the City in managing the NSP and HOME programs and activities, utilizing best
work practices for program and fund administration.
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Program, Scope of Work Expectation of City Staff a
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Service or N
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Activity w
General Fund 1) IDIS and DRGR management, including reporting, 1) Access to City's DRGR and E
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and Program project set-ups, activity updates, draws, other data IDIS systems. _
Administration entry, and project close-outs. 2) Provide MHS with access o
2) Assist City staff in the preparation of the to financial records. o
department budget, and mid-year budget review. Review all reports and
3) Track NSP and HOME expenditures. budget recommendations. N
4) Track and report NSP and HOME program income. 3) Provide input on existing
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5) Loan portfolio management. procedures, and review a
6) Review and update policies and procedures, and and approve revised
other forms and documents needed for proper manuals.
implementation of programs and compliance.
7) Participate in internal and external meetings. M
8) Respond to all verbal, written, and electronic N
inquiries pertaining to HUD programs, in
accordance with City protocols. E
9) Assist with preparation of reports and plans, as >
required by HUD (Action plan, Con Plan, CAPER) Z
NSP Activities 1) Make recommendations to ensure fund expenditure 1) Provide access to program 0)
by the expenditure deadline. project files and records.
2) Coordination and implementation of all program 2) Provide feedback on work d
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activities, to assure full compliance with federal completed, and guidance o
regulations. on organizational and
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3) Program evaluation to make recommendations for strategic priorities. o
improved performance and quality assurance. 3)Internal cooperation from o
4) Management and oversight of projects under other City staff and a`
construction. departments. L
5) Property acquisition and disposition services. U_
6) Verification of eligibility of potential homebuyers. c
7) Occupancy and affordability compliance E
verification.
8) File maintenance and document retention Q
management.
9) Grant close-out activities.
1 0) Internal audits for increased readiness for future
federal monitoring/audits.
229 W. Oakview Dr., Azusa, CA 91702 ( 626 )253 -4 Packet Pg. 25
5.C.c
MUNICIPAL HOUSING SOLUTIONS
SCOPE OF WORK
(Continued)
Program, Scope of Work Expectation of City Staff
Service or
Activity
HOME 1)Make recommendations for projects/activities to 1) Provide access to files o
Activities ensure fund expenditure by HOME deadlines. and records. a
2)Coordination and implementation of all program 2) Provide feedback on U)
activities, to assure full compliance with federal work completed, and Z
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regulations. guidance on 2
3) Program evaluation to make recommendations for organizational and =
improved performance and quality assurance. strategic priorities. o
4) Program outreach to promote program 3) Internal cooperation from o
participation. other City staff and
5)Verification of eligibility of Program participants. departments.
6)Oversight of construction projects.
7)Assessment of applicability of labor compliance Erg
requirements. Q
8)File maintenance and document retention
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9)Internal audits for increased readiness for future M
federal monitoring/audits. c
10) Portfolio management. C14
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PROPOSED CONSULTANT TEAM Z
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Daysi Hernandez, Principal Consultant/Program Administrator. Ms. Hernandez has a Master's >
Degree in Public Administration and Seventeen years of diversified experience in housing and m
community development. She possesses extensive knowledge and understanding of the principles, o
processes, standards and best work practices for the administration of federal funding and housing
programs. She would be the lead for this assignment, and manage day-to-day NSP and HOME N
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activities. a
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Maria Valdez-Paz, Associate Consultant/Program Specialist. Ms. Valdez-Paz has over eighteen
years experience in community development and housing, in both the private sector and in public u_
service. She has comprehensive knowledge of the principles and best work practices for the aai
implementation of federally-funded housing rehabilitation programs. She would have oversight of E
construction projects.
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Ismael Hernandez, Associate Consultant/Acquisition Specialist. Mr. Hernandez is a real estate
professional with over twenty years of experience in the real estate field. He can efficiently and
effectively oversee and manage proper acquisition, management, and disposition of City-owned
NSP properties.
229 W. Oakview Dr., Azusa, CA 91702 ( 626)253 -4 Packet Pg. 26
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MUNICIPAL HOUSING SOLUTIONS
PROPOSED FEES
MHS works within approved budgets, and provides clients with monthly, itemized statements for
services rendered. We are flexible in our approach regarding schedules and will adapt to meet
our client's needs. MHS proposed hourly rates are as follows:
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Title Hourly Rate a.
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Principal Consultant $100 w
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Associate Consultant $60 =
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MHS will require a monthly retainer of $5,000.00 paid in advance of services. The above hourly N
rates will be applied against the monthly retainer until expended, based on the actual hours of a
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services rendered. Services rendered beyond the retainer amount will be billed on a bi-weekly Q
basis. In the event that the monthly billable hours are less than the monthly retainer, the remaining
retainer amount will be rolled over to the next month. `g
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PROPOSED HOURS
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MHS Staff work hours are flexible and subject to the needs of the City. MHS Staff is available to E
work at the City of San Bernardino Monday through Thursday, from 8:00 am to 5:00 pm, as >
prescheduled with City staff. Total weekly hours will depend on priorities, deadlines, and tasks at z
hand, and always subject to the approved budget. N
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229 W. Oakview Dr., Azusa, CA 91702 ( 626 )253 -4 Packet Pg. 27
VENDOR SERVICES AGREEMENT BETWEEN MUNICIPAL HOUSING
SOLUATIONS AND THE CITY OF SAN BERNARDINO
This Vendor Services Agreement is entered into this 18`h day of November,by and
between Municipal Housing Services (Daysi Hernandez) ("VENDOR")and the City of San
Bernardino("CITY"or"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for program administration of the City of San
Bernardino's federally funded programs, Neighborhood Stabilization Prorgam (NSP) and Home
Investment Partnership Program (HOME); and c
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WHEREAS, during the Spring of 2013 both of the aforementioned programs were a.
monitored (audited)by the Department of Housing and Urban Development (HUD), Community z
Planning and Development Office(CPD); and 2
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WHEREAS,that monitoring(audit) was conducted by HUD Staff, including the primary o
principal of Municipal Housing Services,Daysi Hernandez as a"term"employee of HUD; and o
WHEREAS, based on the facts above (consultant was a term employee of HUD that N
participated in our last monitoring/audit), the City Manager has determined that the supplies or E
services to be acquired are unique to this firm and the timeline for resolution of issues related to Q
the management of the two programs will not allow for competitive recruitment.
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NOW,THEREFORE, the parties hereto agree as follows:
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I. SCOPE OF SERVICES. >
For the remuneration stipulated, San Bernardino hereby engages the services of L
VENDOR to provide those products and services as set forth on Exhibit"A," attached hereto and N
incorporated herein.
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2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$80.00 per hour for services provided by the w
Principal Consultant and $48.00 per hour for services provided by the Associate a
Consultant. Monthly billing for this contract may not exceed $5,000 per month.
b. City agrees to make one (1)initial payment of$5,000 as a retainer.
c. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement is November 18, 2013 to June 30,2013.
Municipal Housing Services Vendor Services Agreement
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This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or E
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or a
representatives from any and all legal actions based upon such actual or alleged acts or a.
omissions. Vendor hereby waives any and all rights to any types of express or implied z
indemnity against the City, its elected officials, employees, agents or representatives, with 2
respect to third party claims against the Vendor relating to or in any way connected with the =
accomplishment of the work or performance of services under this Agreement. —
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5. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement, v,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile `
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's Q
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
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prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any
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change in or tennination of the policy. >
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6. NON-DISCRIMINATION. cn
In the performance of this Agreement and in the hiring and recruitment of employees, _
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
I Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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Municipal Housing Services Vendor Services Agreement
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employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
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TO THE CITY: TO THE VENDOR: a
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Allen Parker,City Manager Municipal Housing Services g
300 North"D" Street 229 Oakview Drive 0
San Bernardino, CA 92418 Azusa,CA 91702 0
Telephone: (909) 384-5122 Telephone: (626) 384-253-4534 C
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10. ATTORNEYS' FEES v,
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses, a
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions to
hereof. The costs, salary and expenses of the City Attorney and members of his office in v
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
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purposes of this paragraph. >
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11. ASSIGNMENT. N
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or =
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of w
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder Q
for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
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Municipal Housing Services Vendor Services Agreement
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Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs,representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its o
provisions. a`
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to g
be invalid or unenforceable for any reason, such determination shall not affect the validity or =
enforceability of the remaining terms and provisions hereof or of the offending provision in any o
other circumstance, and the remaining provisions of this Agreement shall remain in full force o
and effect.
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17. REMEDIES; WAIVER. S
All remedies available to either party for one or more breaches by the other party are and
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shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of either party to act in the event of a breach of this Agreement
by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless
such waiver shall be in writing and signed by the party against whom enforcement is sought. co
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18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the Cn
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day a
and date set forth below.
Dated: �f.MgE,� ,� , 2013 VENDOR.
By:
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Municipal Housing Services Vendor Services Agreement
Packet Pg.31
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VENDOR SERVICES AGREEMENT BETWEEN MUNICPAL HOUSING SOLUTIONS
AND THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: Dectmm Q, A , 2013 VENDOR.
By: r
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Dated! � �' , 2013 CITY OF SAN BERNARDINO w
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Allen Parker, City Manager
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Approved as to Form:
Gary Saenz, City Attorney E
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1 RESOLUTION NO. 2013-315
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
3 VENDOR SERVICES AGREEMENT WITH MUNICIPAL HOUSING SOLUTIONS
FOR TECHNICAL ASSISTANCE AND PROGRAM ADMINISTRATION RELATED
TO THE MANAGEMENT OF THE CITY'S HOME INVESTMENT PARTNERSHIP
5 PROGRAM(HOME)AND NEIGHBORHOOD STABILIZATION(NSP)PROGRAMS c
a
6 WHEREAS, it is in the City-s-best interest to retain a qualified consultant to assist N
7 with the repair of the City's Home Investment Partnership (HOME) and Neighborhood w
Stabilization (NSP) programs given the challenges the City has faced with management of 2
8 these critical programs;and =
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9 WHEREAS, Daysi Hernandez ("Hernandez"), Principal Consultant, Municipal c
Housing Solutions, is intimately aware of the issues within the City's housing programs 2-
10 having worked for HUD as an auditor assigned to the City of San Bernardino's NSP/HOME
11 program(2013); and E
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12 WHEREAS, prior to working for HUD, Hernandez worked for the City of Pico
Rivera as Redevelopment/Housing Manager and possesses a Master's Degree in Public
13 Administration and Seventeen years of diversified experience in housing and community
1 development; and N
15 WHEREAS,Hernandez would be the lead for this assignment and manage day-to-day L
NSP and HOME activities. U.
16 �'
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17 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
18
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SECTION L The City Manager is authorized and directed to execute a Vendor a
19 a
20 Services Agreement with Municipal Housing Solutions (Daysi Hernandez) attached hereto as
0
21 Exhibit"A"and incorporated herein,
22 SECTION 2. The Director of Administrative Services or his designee is hereby
E
23 authorized and directed to issue a purchase order to Municipal Housing Solutions in an
24 a
amount not to exceed $40,000 from the following accounts: Account Number 120-100-0014-
25
26 5502 in the amount of$20,000 and Account Number 117-100-0014-5502 in the amount of
27 $20,000.
28
Packet Pg.33
r
2013-315
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
2 PROFESSIONAL SERVICES AGREEMENT WITH MUNICIPAL HOUSING
SOLUTIONS FOR TECHNICAL ASSISTANCE AND PROGRAM
} 3 ADMINISTRATION RELATED TO THE MANAGEMENT OF THE CITY'S HOME
i INVESTMENT PARTNERSHIP PROGRAM (HOME) AND NEIGHBORHOOD
4 STABILIZATION(NSP)PROGRAMS
5 °
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and z
Common Council of the City of San Bernardino at a Joint regular meeting o
e =
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thereof,held on the 18thday of November ,2013,by the following vote,to wit: c
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Council Members: AYES NAYS ABSTAIN ABSENT N
I 11 MARQUEZ x Q
' 12
JENK.INS x
13
14 VALDIVIA x N
15 SHORETT x L
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16 VACANT =
17 JOHNSON x
18 °
MULVIHILL _� a CL
19
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21 Georgeann Hanna, City Clerk
22 The foregoing resolution is hereby approved this �� day of November 2013. d
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23
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24 a
atr c J. Morris
25 Ci of San Bernardino
Approved as to form:
26 GARY D. SAENZ,
27 City Attorney
28 By: t r'
Packet'Pg.34'
2013-315
VENDOR SERVICES AGREEMENT BETWEEN MUNICPAL HOUSING SOLUTIONS
AND THE CITY OF SAN BERNARDINO
This Vendor Services Agreement is entered into this 18'h day of November,by and
between Municipal Housing Solutions(Daysi Hernandez)("VENDOR")and the City of San
Bernardino("CITY"or"San Bernardino").
L
WITNESSETH: 0-
0.
WHEREAS, the Mayor and Common Council has determined that it is advantageous z
and in the best interest of the CITY to contract for program administration of the City of San 'w
Bernardino's federally funded programs, Neighborhood Stabilization Prorgam(NSP) and Home
Investment Partnership Program(HOME);and i
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WHEREAS, during the Spring of 2013 both of the aforementioned programs were g
monitored (audited)by the Department of Housing and Urban Development(HUD), Community
Planning and Development Office(CPD);and y
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WHEREAS, that monitoring(audit)was conducted by HUD Staff, including the primary a
principal of Municipal Housing Services,Daysi Hernandez as a"term"employee of HUD;and
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WHEREAS, based on the facts above (consultant was a term employee of HUD that
participated in our last monitoring/audit), the City Manager has determined that the supplies or N
services to be acquired are unique to this firm and the timeline for resolution of issues related to >
the management of the two programs will not allow for competitive recruitment. L
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NOW,THEREFORE,the parties hereto agree as follows: _
1. SCOPE OF SERVICES. S
For the remuneration stipulated, San Bernardino hereby engages the services of 0
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VENDOR to provide those products and services as set forth on Exhibit"A,"attached hereto and a
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incorporated herein. 0
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2. COMPENSATION AND EXPENSES. c
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$75.00 per hour for services provided by the
Principal Consultant and $40.00 per hour for services provided by the Associate
Consultant. Monthly billing for this contract may not exceed$5,000 per month. E
b. City agrees to make one (1)initial payment of$5,000 as a retainer.
c. No other expenditures made by VENDOR shall be reimbursed by CITY. a
3. TERM; TERMINATION.
The term of this Agreement is November 18,2013 to June 30,2014.
Municipal Housing Solutions Vendor Services Agreement
Packet Pg.35'
2013-315
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or o
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or 0.
subcontractors, relating to or in any way connected with the accomplishment of the work or z
performance of services under this Agreement, unless the bodily injury or property damage was 'w
actually caused by the sole negligence of the City, its elected officials, employees, agents or 2
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its =
F own expense, including attorney's fees, the City, its elected officials, employees, agents or o
representatives from any and all legal actions based upon such actual or alleged acts or o
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with N
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement. a
5. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's >
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional "'
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any
change in or termination of the policy. _
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6. NON-DISCRIMINATION. Q
In the performance of this Agreement and in the hiring and recruitment of employees. <
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin, o
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR. E
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the a
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
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Municipal Housing Solutions Vendor Services Agreement
Packet Pg. 36
2013-315
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, E
qualifications, insurance and approval of whatever nature that are legally required of VENDOR 2-
to practice its business or profession. 0-
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9. NOTICES. N
Any notices to be given pursuant to this Agreement shall be deposited with the United W
States Postal Service,postage prepaid and addressed as follows: o
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TO THE CITY: TO THE VENDOR: o
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Allen Parker,City Manager Municipal Housing Solutions N
300 North"D" Street 229 Oakview Drive S
San Bernardino, CA 92418 Azusa, CA 91702
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Telephone: (909) 384-5122 Telephone: (626)384-253-4534
I 14. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,the a
prevailing party shall be entitled to recover from the opposing party all costs and expenses, r
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its L
t rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions N
It hereof. The costs, salary and expenses of the City Attorney and members of his office in =
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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11. ASSIGNMENT. a
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 0
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void o
and shall constitute a breach of this Agreement and cause for the termination of this Agreement. d
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
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VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder d
for the term of this Agreement. E
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12. VENUE. Y
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The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
s
3
Municipal Housing Solutions Vendor Services Agreement
Packet Pg.37
2013-315
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this c
Agreement and their respective heirs,representatives, successors,and assigns. a.
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15. HEADINGS. w
F The subject headings of the sections of this Agreement are included for the purposes of o
convenience only and shall not affect the construction or the interpretation of any of its x
provisions. o
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16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to N
be invalid or unenforceable for any reason, such determination shall not affect the validity or S
j enforceability of the remaining terms and provisions hereof or of the offending provision in any a
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
17. REMEDIES; WAIVER. N
All remedies available to either party for one or more breaches by the other party are and >
shall be deemed cumulative and may be exercised separately or concurrently without waiver of L
any other remedies. The failure of either party to act in the event of a breach of this Agreement U.
by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless z
such waiver shall be in writing and signed by the party against whom enforcement is sought.
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1 18. ENTIRE AGREEMENT; MODIFICATION. o
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement, This Agreement may be modified or amended only by a written instrument °
executed by all parties to this Agreement. o
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VENDOR SERVICES AGREEMENT BETWEEN MUNICPAL HOUSING SOLUTIONS
AND THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
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Dated: , 2013 VENDOR. o
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Dated , 2013 CITY OF SAN BERNARDINO L
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BY: Q
Allen Parker, City Manager
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Approved as to Form:
10 Gary Saenz, City Attorney N
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Municipal Housing Solutions Vendor Services Agreement
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2013-315
VENDOR SERVICES AGREEMENT BETWEEN MUNICIPAL HOUSING
SOLUATIONS AND THE CITY OF SAN BERNARDINO
This Vendor Services Agreement is entered into this 18a'day of November,by and
between Municipal Housing Services (Daysi Hernandez) ("VENDOR") and the City of San
Bernardino("CITY"or"San Bernardino").
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WITNESSETH: o
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W11EREAS, the Mayor and Common Council has determined that it is advantageous z
and in the best interest of the CITY to contract for program administration of the City of San w`
Bernardino's federally funded programs, Neighborhood Stabilization Proram (NSP) and Home o
Investment Partnership Program(HOME);and z
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WHEREAS, during the Spring of 2013 both of the aforementioned programs were o
monitored(audited)by the Department of Housing and Urban Development(HUD), Community
Planning and Development Office(CPD); and N
WHEREAS,that monitoring(audit)was conducted by HUD Staff,including the primary a
principal of Municipal Housing Services,Daysi Hernandez as a"term"employee of HUD; and
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WHEREAS, based on the facts above (consultant was a term employee of HUD that .~M..
participated in our last monitorin audit), the City Manager has determined that the supplies or
services to be acquired are unique to this firm and the timeline for resolution of issues related to >
the management of the two programs will not allow for competitive recruitment. L
LL
NOW,THEREFORE,the parties hereto agree as follows: _
1. SCOPE OF SERVICES. _
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth on Exhibit"A,"attached hereto and a
incorporated herein.
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2. COMPENSATION AND EXPENSES. 0
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$80.00 per hour for services provided by the
Principal Consultant and $48.00 per hour for services provided by the Associate
Consultant. Monthly billing for this contract may not exceed$5,000 per month. E
b. City agrees to make one(1)initial payment of$5,000 as a retainer.
c. No other expenditures made by VENDOR shall be reimbursed by CITY. a
3. TERM;TERMINATION.
The term of this Agreement is November 18, 2013 to June 30,2013.
I-owl 1
Municipal Housing Services Vendor Services Agreement
Packet Pg.40
2013-315
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or o
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or a
subcontractors, relating to or in any way connected with the accomplishment of the work or z
performance of services under this Agreement, unless the bodily injury or property damage was 'w
actually caused by the sole negligence of the City, its elected officials, employees, agents or 2
0
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its =
own expense, including attorney's fees, the City, its elected officials, employees, agents or 0
representatives from any and all legal actions based upon such actual or alleged acts or o
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with y
respect to third party claims against the Vendor relating to or in any way connected with the E
accomplishment of the work or performance of services under this Agreement. a
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S. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile Q
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's >
compensation coverage, and shall file copies of said policies with the CITY's Risk Manager L
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional U.
named insured in each policy of insurance provided hereunder. The Certificate of Insurance X
furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any a,
change in or termination of the policy.
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6. NON-DISCRIMINATION. a
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 2
discrimination in employment of persons because of their race, religion, color, national origin, o
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation,or any other status protected by law.
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7. INDEPENDENT CONTRACTOR. E
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the a
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
ka. z
Municipal Housing Services Vendor Services Agreement
Packet Pg.41 ;
2013-315
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, E
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession. o
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9. NOTICES. N
Any notices to be given pursuant to this Agreement shall be deposited with the United w
States Postal Service,postage prepaid and addressed as follows: 2
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TO THE CITY: TO THE VENDOR: w o
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Allen Parker,City Manager Municipal Housing Services y
300 North"D" Street 229 Oakview Drive S
San Bernardino,CA 92418 Azusa,CA 91702 a
Telephone: (909)384-5122 Telephone: (626)384-253-4534
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10. ATTORNEYS'FEES
In the event that litigation is brought by any party in connection with this Agreement, the <
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prevailing party shall be entitled to recover from the opposing party all costs and expenses, >
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its L
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions U-
hereof. The costs, salary and expenses of the City Attorney and members of his office in z
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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11. ASSIGNMENT. a
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void o
and shall constitute a breach of this Agreement and cause for the termination of this Agreement.
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement. s
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12. VENUE. a
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
3
Municipal Housing Services Vendor Services Agreement
Packet Pg.42
2013-315
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
E
14. SUCCESSORS AND ASSIGNS. M
This Agreement shall be binding on and inure to the benefit of the parties to this o
Agreement and their respective heirs,representatives,successors,and assigns. a
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15. HEADINGS. 'w
The subject headings of the sections of this Agreement are included for the purposes of 2
convenience only and shall not affect the construction or the interpretation of any of its =
provisions.
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16. SEVERABILITY. L
If any provision of this Agreement is determined by a court of competent jurisdiction to N
be invalid or unenforceable for any reason, such determination shall not affect the validity or E
enforceability of the remaining terms and provisions hereof or of the offending provision in any a
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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17. REMEDIES; WAIVER. Cl)
All remedies available to either party for one or more breaches by the other party are and >
shall be deemed cumulative and may be exercised separately or concurrently without waiver of L
any other remedies. The failure of either party to act in the event of a breach of this Agreement N
by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless X
such waiver shall be in writing and signed by the party against whom enforcement is sought.
18. ENTIRE AGREEMENT;MODIFICATION. o
This Agreement constitutes the entire agreement and the understanding between the a
parties, and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument °
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executed by all parties to this Agreement. 0
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
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Dated: UECpABER 3 ,2413 VENDOR. a
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Municipal Housing Services Vendor Services Agreement
Packet Pg.43'
2013-315
VENDOR SERVICES AGREEMENT BETWEEN MUNICPAL HOUSING SOLUTIONS
AND THE CITY OF SAN BERNARDINO
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set Forth below.
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Dated: py.umtu. 3 , 2013 VENDOR. a
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Gary Saenz, City Attorney >
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MUNICIPAL HOUSING SOLUTIONS
March 20, 2014
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Mr. Brandon Mims n
City of San Bernardino U)
300 N. "D" Street, 6th Floor z
W
San Bernardino, CA 92418 0
RE: AMENDED PROPOSAL FOR PROFESSIONAL SERVICES FOR 0
ADMINISTRATION OF HUD PROGRAMS o
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Dear Brandon: N
Thank you for your interest in expanding the services being provided by Municipal M
Housing Solutions (MHS). It is a pleasure to submit an amended proposal to continue to
assist the City of San Bernardino with the management and implementation of its housing
M
programs.
r
Since entering into the original vendor services agreement with the City, MHS staff has N
made great strides toward HUD compliance and productivity. However, due the existing L
challenging conditions of the programs, HUD's ongoing monitoring and capacity
concerns, and anticipated increase in program activity, there is still much work to be z
done. Consequently, MHS proposes extending the term of the contract, and amending 2
the allowed number of work hours to enable staff to better manage and implement the o
City's programs, and make a greater impact on the community. The proposed amended
scope of services is tailored to meet the current conditions and needs of the programs o
and HUD's recommendation for capacity building.
0
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We look forward to continuing to provide our top quality services and expertise for
efficient administration of your HUD programs. Thank you very much for your
consideration. E
Sincerely, E
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Daysi rnan` ez
Principal Consultant a
229 W. Oakview Dr., Azusa, CA 91702 ( 626 ) 253 -4 ` i6kkPg.45
MUNICIPAL HOUSING SOLUTIONS
AMENDED SCOPE OF WORK
Activity Description
Fund and • Review/update policies and procedures to ensure compliance with regulations.
Program . Conduct internal audits for increased readiness for future federal
Administration monitoring/audits.
o IDIS and DRGR management, including reporting, project set-ups, activity update, N
draw-downs, corrections, and project close-outs. z
9 Track and report expenditures, and reconcile financial records. W
• Collaborate with Finance Department to ensure compliance with financial and =
record-keeping requirements. p
• Serve as point of contact for HUD, County of San Bernardino, and sub-recipients. o
• Respond to monitoring and audit findings. a
• Assist with preparation of reports and plans required by HUD, including 5-year A
Consolidated Plan, Action Plans, and annual performance report (CAPER). r-
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• Prepare Environmental Review Record, and process Request for Release of Funds. Q
• Assist with HOME program transition.
• Assist City with development of affordable housing strategic plan. M
• Manage sub-recipient contracts and conduct annual monitoring.
• Manage loan and real estate-owned portfolio. o
N
• Participate in internal and external meetings.
• Respond to all verbal, written, and electronic inquiries pertaining to programs.
• Develop file maintenance and document retention system.
• Perform program close-out activities.
• Manage program income account. E
* Perform other program administration services as required by the City.
N
Program Activities . Coordinate and implement program activities, while ensuring compliance with o
federal regulations. p
• Evaluate programs for improved performance and quality assurance.
• Make recommendations for new projects and activities. m
• Conduct program outreach to promote program participation. E
• Complete project environmental reviews. a
• Determine eligibility of potential program participants. E
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• Assess projects for applicability of labor compliance requirements.
• Oversee projects under construction, including preconstruction conference, °'
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progress inspections, progress payments, and project close-outs.
• Perform project close-out activities. Q
• Conduct occupancy and affordability compliance verification.
• Provide support and technical assistance to sub-recipients, contractors and staff.
• Perform other program delivery functions as required by the City.
229 W. Oakview Dr., Azusa, CA 91702 ( 626 )253 -4 Packet Pg.46
5.C.
MUNICIPAL HOUSING SOLUTIONS
PROPOSED CONSULTING TEAM
Daysi Hernandez, Principal Consultant/Program Administrator. Ms. Hernandez has a Master's
Degree in Public Administration and Seventeen years of diversified experience in housing and
community development. She possesses extensive knowledge and understanding of the principles,
processes, standards and best work practices for the administration of federal funding and housing
programs. She will be the lead for this assignment, and manage day-to-day program operation.
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Associate Consultant. Over fifteen years experience in lending and the real estate field, with z_
comprehensive knowledge of the principles and best work practices for property acquisition, w
housing rehabilitation, property management, and real estate sales. 0
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Jr. Analyst. Provides administrative support for program delivery. Under direct supervision of o
Principal Consultant, will assist in preparing reports and other program materials relating to 2
property portfolio management, grant and loan file maintenance, and compliance monitoring. In N
addition, will conduct research and analyses, assist with internal audits, and help with other duties _
required for program execution. E
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PROPOSED FEES (0
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Title Hourly Rate
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Principal Consultant $80 s
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Associate Consultant $48
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Jr. Analyst $20
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PROPOSED HOURS o
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MHS Staff work hours are flexible and subject to the needs of the City. MHS Staff is available to 4t
work at the City of San Bernardino Monday through Thursday, from 8:00 am to 5:00 pm, as aaai
required by the City. Total weekly hours will depend on priorities, deadlines, and tasks at hand, Ea
and always subject to the approved budget.
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It is anticipated that each MHS staff will need to work an average of 30 hours per week to Q
accomplish the tasks specified in the Scope of Work. a
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229 W. Oakview Dr., Azusa, CA 91702 ( 626 )253 -4 Packet Pg.47
I RESOLUTION NO. 2014-73
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
3 AMENDMENT TO THE VENDOR SERVICES AGREEMENT BETWEEN
4 MUNICIPAL HOUSING SOLUTIONS AND THE CITY OF SAN BERNARDINO
5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: o
6 a.
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7 SECTION 1. The City Manager is hereby authorized and directed to execute a First w
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Amendment to the Vendor Services Agreement between the City of San Bernardino and x
9 0
Municipal Housing Solutions, attached hereto as Exhibit "A" and incorporated herein by this c
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11 reference. .�
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12 SECTION 2. The Director of Administrative Services is hereby authorized to issue a Q
to
13 purchase order to Municipal Housing Solutions in an amount not to exceed $200,000, to be M
14 paid from the following accounts:
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AMOUNT ACCOUNT -Ea
16
17 $100,000 120-100-0014-5502 Q
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18 $100,000 117-100-0014-5502 0
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19 SECTION 3. The authorization granted hereunder shall expire and be void and of no c
20 0
further effect if the Agreement is not executed by both parties and returned to the Office of the
21
City Clerk within sixty (60) days following the effective date of this Resolution.
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Packet Pg.48
2014-73 g
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
2 AMENDMENT TO THE VENDOR SERVICES AGREEMENT BETWEEN
MUNICIPAL HOUSING SOLUTIONS AND THE CITY OF SAN BERNARDINO
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and E
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Common Council of the City of San Bernardino at a meeting °
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6 mint rPgnlar g o.
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7 thereof, held on the 7th day of April , 2014, by the following vote, to wit: z
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8 Council Members: AYES NAYS ABSTAIN ABSENT =
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MARQUEZ x o
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11 BARRIOS x N
12 VALDIVIA x _ a
13 SHORETT x
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14 NICKEL x
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JOHNSON x E
16
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17 MULVIHILL x E
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19 Geor Hann , City Clerk a
20 °
The foregoing resolution is hereby approved this_ day of r;1 , 2014. 2
21 N
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22 6'�
R. Carey Da s, Mayor
23 City of San Bernardino t
24
Approved as to form:
25 Gary D. Saenz, City Attorney
26
27
By:
28
Packet Pg.49
2014-73
FIRST AMENDMENT TO VENDOR SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND MUNICIPAL HOUSING SOLUTIONS
This First Amendment is made and entered into as of April 07, 2014 by and between the
City of San Bernardino, a charter city ("City"), and Municipal Housing Solutions
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows: E
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1. This Amendment is made with respect to the following facts and purposes: o
a. On November 18, 2013, the City and Vendor entered into a "V e n d o r Services a
Agreement" for a total amount of Forty-Thousand Dollars ($40,000) for the period z
of November 18, 2013 to June 30, 2014. W
b. Since the execution of that agreement, the demands of the program combined with o
the future program planning, administration, and regulatory requirements have =
required additional work beyond the scope of the original agreement. °
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c. The parties now desire to amend the Agreement to include the next twelve months 2
(April 2014 through April 2015) and to increase the amount to a total not to exceed
$240,000.00.
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2. Section 2. "COMPENSATION AND EXPENSES" o f t h e Agreement is hereby E
amended as follows: a
a. For the services delineated above, the CITY, upon presentation of an invoice, .c
shall pay the VENDOR up to the amount of$80.00 per hour for services provided M
by the Principal Consultant and $48.00 per hour for services provided by the
Associate Consultant, $20.00 per hour services provided by the Junior Analyst.
Monthly billing for this contract may not exceed $20,000. The total amount of d
this Agreement shall not exceed $240,000.00. -Ea
b. No other expenditures made by VENDOR shall be reimbursed by CITY. d
3. Section 3. "Term; Termination"- of the Agreement is hereby amended as follows: Q
a. The term of this Agreement is November 18, 2013 to March 31, 2015.
4. Except for the changes specifically set forth herein, all other terms and conditions of o
the Agreement shall remain in full force and effect. a
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Packet Pg.50
2014-73
FIRST AMENDMENT TO VENDOR SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND MUNICIPAL HOUSING SOLUTIONS
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by and through their respective authorized officers, as of the date first above
written.
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CITY OF SAN BERNARDINO o
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By: Date: Z
Allen Parker, City Manager 'w
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VENDOR =
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Municipal Housing Solutions o
By: Date: N
Daysi Hernandez, Owner _
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Approved as to Form Q
Gary D. Saenz, City Attorney to
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By: Date:
City Attorney's Office
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Packet Pg. 51
2014-73
FIRST AMENDMENT TO VENDOR SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND MUNICIPAL HOUSING SOLUTIONS
This First Amendment is made and entered into as of April 07, 2014 by and between the
City of San Bernardino, a charter city ("City"), and Municipal Housing Solutions
("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
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1. This Amendment is made with respect to the following facts and purposes: a
a. On November 18, 2013, the City and Vendor entered into a "V e n d o r Services n,
Agreement" for a total amount of Forty-Thousand Dollars ($40,000) for the period z
of November 18, 2013 to June 30, 2014. `w
b. Since the execution of that agreement, the demands of the program combined with p
the future ram ro planning, administration, and regulatory requirements have
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required additional work beyond the scope of the original agreement. r_
c. The parties now desire to amend the Agreement to include the next twelve months
(April 2014 through April 2015) and to increase the amount to a total not to exceed N
$240,000.00.
2. Section 2. "COMPENSATION AND EXPENSES" of the Agreement is hereby E
amended as follows: Q
a. For the services delineated above, the CITY, upon presentation of an invoice,
shall pay the VENDOR up to the amount of$80.00 per hour for services provided M
by the Principal Consultant and $48.00 per hour for services provided by the
Associate Consultant, $20.00 per hour services provided by the Junior Analyst. w
Monthly billing for this contract may not exceed $20,000. The total amount of
this Agreement shall not exceed $240,000.00.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. Section 3. "Term; Termination"- of the Agreement is hereby amended as follows: a
a. The term of this Agreement is November 18, 2013 to March 31, 2015. c
4. Except for the changes specifically set forth herein, all other terms and conditions of o
the Agreement shall remain in full force and effect. a
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Packet Pg.52! `'
2014-73
FIRST AMENDMENT TO VENDOR SERVICES AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND MUNICIPAL HOUSING SOLUTIONS
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by and through their respective authorized officers, as of the date first above
written.
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CITY OF SAN B ARDINO °
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By: Date: y/�p�s� Z
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Allen Parker, City Manager 'w
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Municipal Housing Solutions o
By:
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Approved as to Form Q
Gary D. Saenz, City Attorney
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By: Date:
City Attorney's Office
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