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HomeMy WebLinkAbout05.B- Municipal Housing Solutions Agree RESOLUTION (ID # 4174) DOC ID: 4174 C CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Brandon Mims M/CC Meeting Date: 01/04/2016 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 Third Amendment to the Vendor Services Agreement Between Municipal Housing Solutions and the City of San Bernardino. (#4174) Current Business Registration Certificate: Not Applicable Financial Impact: Account Budgeted Amount- $150,000 (HOME); $490,000 (NSP) Fund Beginning Balances Account Nos: 117-100-2305-5505 (HOME)- 122-100-2059-5502 (NSP) Account Descriptions: Professional Contractual Services (HOME/NSP Administration) Fund Balances as of: 12/21/2015: $110,057.74 (HOME); $490,000 (NSP). Balances after deducting $78,000 (HOME) and $78,000 (NSP): $32,057.74 (HOME); $412,000 (NSP) Motion: Adopt the Resolution. Previous Council Action On March 2, 2015, Council approved Resolution #2015-3716 which authorized the City Manager to enter into a vendor services agreement with Municipal Housing Solutions (MHS) for management of the City's Home Investment Partnership (HOME) and Neighborhood Stabilization (NSP) programs. The contract was not to exceed $160,000 through December 31, 2015. 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 Solutions (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. On November 13, 2013, Council approved Resolution #2013-315 which authorized the City Manager to enter into a vendor services agreement with Municipal Housing Solutions (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. Updated: 12/22/2015 by Linda Sutherland C 4174 Background As an entitlement community, the City of San Bernardino receives a formula allocation of Home Investment Partnership (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 must 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 since November 2013. During the next contract period MHS will provide HOME/NSP project monitoring, program and technical assistance on an as needed basis in the areas of: • Cash management and draw down tracking of HUD funds • File reconciliation, eligibility compliance and technical assistance • Provide a low income housing strategy resource guide • Property management of NSP, HOME, and low-mod properties on an ongoing basis to ensure compliance with program regulations. Statement of the Issue Council approval of the proposed contract extension with MHS is required. Fiscal Impact There will be no impact to the General Fund. However, this contract's extension does represent an overall reduction of an Associate Consultant at $48.00 per hour. This reduction will allow the principal consultant more hours to focus on project areas listed above and to work with the Finance Department to correct audit findings. Both NSP and HOME programs allow a percentage of the total grant amount to be used for administrative costs. The contract shall not exceed $156,000 through December 31, 2016 to be paid as follows: Consultant Type Rate Principal Consultant $80 per hour Junior Consultant $30 per hour Account Amount 117-100-2305-5505 - Professional/Contractual Services $78,000 122-100-2059-5502 - Professional/Contractual Services $78,000 Single Source Justification MHS has unique and specialized experience auditing the HOME/NSP programs as an employee of HUD. The firm is intimately aware of the issues the City needs fixed and Updated: 12/22/2015 by Linda Sutherland C 4174 possesses the resources and HUD contacts to move quickly in the process. Recommendation Staff recommends adopting the attached Resolution, authorizing a third amendment to the contract for MHS professional services agreement through December 31, 2016. City Attorney Review: Yes Supporting Documents: Resolution MHS (DOC) Agrmt 4174 (PDF) Scope of Work (PDF) Updated: 12/22/2015 by Linda Sutherland C I RESOLUTION NO: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO 3 THE VENDOR SERVICES AGREEMENT BETWEEN MUNICIPAL HOUSING SOLUTIONS AND THE CITY OF SAN BERNARDINO 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 Section 1. The City Manager is hereby authorized and directed to execute a Third E 8 Amendment to the Vendor Services Agreement between the City of San Bernardino and Municipal c 9 a. a. Housing Solutions, attached hereto as Exhibit"A" and incorporated herein by this reference. 0 10 Z w Section 2. Authorization is given to the issue a purchase order to Municipal Housing 2 11 0 x Solutions in an amount not to exceed $156,000 to be paid from the following accounts: 0 12 C 0 13 Account Amount 14 117-100-2305-5505 $78,000 15 a 122-100-2059-5502 $78,000 16 Section 3. The authorization granted hereunder shall expire and be void and of no 17 = 18 further effect if the agreement is not executed by both parties and returned to the Office of the City Clerk within sixty(60) days following the effective date of this Resolution. c 19 0 d 20 Section 4. That a copy of this Resolution shall remain on file in the City Clerk's Office w c m 21 for a minimum of seven (7)years after the date of adoption. E 22 Section 5. This Resolution shall take effect upon its adoption and execution in the a 23 manner as required by the City Charter. 24 25 26 27 28 1 Packet Pg. 10 5.B.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO 2 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 5 Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of , 2016, by the following vote to wit: 7 E 8 Council Members: Ayes Nays Abstain Absent a, 0 9 MARQUEZ a 10 BARRIOS z W 2 11 VALDIVIA p x 12 SHORETT o c NICKEL o 13 JOHNSON n 14 MULVIHILL E V 15 a 16 17 Georgeann Hanna, City Clerk to 18 0 19 N The foregoing resolution is hereby approved this day of , 2016. 20 ;.; c m 21 E 22 a 23 R. Carey Davis, Mayor 24 City of San Bernardino 25 Approved as to Form: 26 Gary D. Saenz, City Attorney 27 By: 28 2 Packet Pg. 11 5.B.b Nw THIRD AMENDMENT TO VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND MUNICIPAL HOUSING SOLUTIONS This Third Amendment is made and entered into as of January 4, 2016 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: 1. This Amendment is made with respect to the following facts and purposes: a. On November 13, 2013, Council approved Resolution#2013-315 which authorized the City Manager to enter into a vendor services agreement with cc Municipal Housing Services (MHS)for management of the City's Home c Investment Partnership (HOME)and Neighborhood Stabilization(NSP) a` programs. The contract was for a total amount not to exceed $60,000 through z June 30, 2014. w 2 0 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 planning, administration, and regulatory requirements have required additional work beyond the scope of the original agreement in both the Home Investment E Partnership (HOME)and Neighborhood Stabilization(NSP)programs. a ti c. On April 7, 2014 Council approved Resolution#2014-73 which authorized the City Manager to execute Amendment 41 to the vendor services agreement between Municipal Housing Services(MHS)for additional technical program E assistance and management of the City's Home Investment Partnership (HOME) a and Neighborhood Stabilization(NSP)programs through April 2015. The contract amount was not to exceed Two Hundred Thousand Dollars($200,000). d. On March 2, 2015, Council approved Resolution 42015-46 which authorized the a City Manager to execute Amendment#2 to the vendor services agreement between Munucipal Housing Services(MHS)for additional technical program assistance and management of the City's Home Investment Partnership(HOME) and Neighborhood Stabilization(NSP)programs through December 31, 2015. The contract amount was not to exceed One Hundred Sixty Thousand Dollars ($160,000). C 1 Packet Pg. 12 e. The parties now desire to amend the Agreement for a third time through December 31, 2016 for a total cost not to exceed One Hundred and Fifty Six Thousand Dollars($156,000). ! f. During the Third Amendment period, staff will assess the needs of the program prior to the contract expiration date and return to Council with a management plan for remaining HOME and NSP funds. 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 $30.00 per hour for services provided by the Junior Consultant. The total amount of this Agreement shall not exceed $156,000. E b. No other expenditures made by the VENDOR shall be reimbursed by the CITY. 0 L a. 3. Section 3. "Term; Termination"-of the Agreement is hereby amended as follows: a. U) a. The term of this Agreement is from January 4, 2016 through December 31,2016. Z w O 4. Except for the changes specifically set forth herein, all other terms and conditions of the = w Agreement shall remain in full force and effect. 0 w E E a a 111 v a E a E �o a 2 Packet Pg. 13 THIRD 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: Jarrod Burguan, Interim City Manager E cc 0 I- a. a. U) Z W VENDOR 2 O Municipal Housing Solutions = w 0 r- 0 �a H BY: Date: E Daysi Hernandez, Owner a f Approved as to Form; Gary D. Saenz, City Attorney E o� a d By: cc Q 3 Packet Pg.:I 5.B.c MUNICIPAL HOUSING SOLUTIONS SCOPE OF SERVICES FOR CITY OF SAN BERNARDINO AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT NOVEMBER 22, 2015 Activity Description Fund and Assist the City of San Bernardino with administration of HOME and NSP programs, Program including: Administration • Assist in the development of the City's affordable housing strategic plan and Pathways Plan to End Homelessness. E • Conduct quarterly review of project files to ensure compliance with regulations. cm • Review policies and procedures and update as necessary. a • Respond to monitoring and audit findings. a. 0) • Assist with preparation of reports and plans required by HUD. Z • Conduct sub-recipient annual monitoring. g • Manage real estate-owned portfolio. _ • Participate in internal and external meetings. o • Respond to all verbal, written, and electronic inquiries pertaining to programs. g • Develop file maintenance and document retention system. • Perform NSP close-out activities. y E- • Manage and reconcile program income. E 'a • Assist with DRGR management. Q • Provide support and technical assistance to City staff. �+ • Perform other program administration services as required by the City. v Y Program Activities Assist the City of San Bernardino with HOME and NSP activities, including: 3 • Evaluate programs for improved performance and quality assurance. : • Make recommendations for new projects and activities. d CL • Perform project close-out activities. ° 0 • Conduct occupancy and affordability compliance verification. • Complete HQS inspections for rental properties. E • Review tenant certifications and re-certifications for rental properties. r v • Provide support and technical assistance to sub-recipients and contractors. • Perform other program delivery functions as required by the City. a 229 W. Oakview Dr., Azusa, CA 91702 ( 626 )253-4 PacketPg. 15