HomeMy WebLinkAboutR34-Economic Development
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
ORIGINAL
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Fernando S. Portillo - Professional Services
Agreement to Provide Consulting Services for
the Neighborhood Stabilizatiou Program
DATE:
April 28, 2009
SvnoDsis of Previous Commissiou/Council/Committee Actiou!s):
On April 9, 2009, Redevelopment Committee Members Johnson, Baxter and Brinker recommended approval of a professional
services agreement for the Neighborhood Stabilization Program with Fernando S. Portillo.
Recommended Motion!s):
(Communitv DeveloDment Commission)
Resolution of the Community Development Commission of the City of San Bernardino, California, approving a
Professional Services Agreement with Fernando S. Portillo, and authorizing execution thereof, providing for
Professional Housing Finance and Program Development Consultant Services on behalf of the Neighborhood
Stabilization Program
Contact Person(s):
Project Area(s):
Supporting Data Attached:
Carey K. Jenkins
Phone:
(909) 663-1044
All
N/A
Ward(s):
(;'I Staff Report (;'I Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
100,000
Source:
Federal Neighborhood Stabilization Program
Budget Authority:
N/A
Signature:
E
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COMMISSION MEETING AGENDA
Meeting Date: 05104/2009
Agenda Item Number: ~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
FERNANDO S. PORTILLO - PROFESSIONAL SERVICES AGREEMENT
TO PROVIDE CONSULTING SERVICES FOR THE
NEIGHBORHOOD STABILIZATION PROGRAM
BACKGROUND:
On November 17, 2008, both the Mayor and Common Council of the City of San Bernardino ("Council")
and the Community Development Commission of the City of San Bernardino ("Commission") adopted
the Economic Development Agency's ("Agency") Response to the Housing and Economic Recover Act
of 2008 Neighborhood Stabilization Program ("NSP"). The Agency's response consisted of four (4)
major programmatic activities including down payment assistance, rental housing opportunities for
households at or below 50% of Area Median Income, acquisition-demolition, and acquisition,
rehabilitation and resale of single-family properties. It also contained funds for an administrative line
item for up to 1 0% of the NSP grant award. As part of a formula award based upon pre-determined HUD
parameters, including the overall number and percentage of homes in foreclosure, the number and
percentage of homes financed by subprime mortgages and the projected 18-month foreclosure and
abandonment risk the City received $8.4 million to respond to the foreclosure crisis. Since that time,
Agency Staff has been working to further develop the individual program components, procure the
necessary services and identify the appropriate personnel to manage the multi-year NSP award.
As a result of a recruitment effort to identify a qualified Housing Project Manager to lead NSP activities,
four (4) candidates were interviewed on January 29, 2009. The interview panel consisted of the Executive
Director of a local nonprofit housing developer, the Director of Housing for the City of Ontario and the
City Planner for the City of San Bernardino. Based on a review of each candidate's application,
background and a qualitative assessment of their answers to a series of interview questions, Mr. Fernando
S. Portillo received a number one final ranking.
CURRENT ISSUE:
Mr. Portillo's initial tenure with the Agency started approximately three months ago when a purchase
order for his services was executed on an interim basis as the result of an immediate need to procure a
qualified individual with extensive affordable housing and public sector real estate experience who could
continue to make progress on the Agency's NSP agenda while a recruitment to fill the permanent position
could be completed. To this point, Mr. Portillo has been temporarily retained under the Agency's
purchase order authority to assist with the implementation of the Agency's NSP housing initiatives
including procuring intermediary services in order to launch the Agency's highly anticipated acquisition,
rehabilitation, and resale program.
Having worked with the County of Los Angeles, the Community Redevelopment Agency of Los Angeles
and the Housing Authority of the City of Los Angeles, Mr. Portillo has approximately ten (10) years of
experience in affordable housing development and financing for the public sector, including the
preparation of RFPIRFQ's for several multi-family and senior affordable housing projects, underwriting
govemment agency subsidies for single-family, senior, special needs and multi-family projects,
P:\AgendaslComm Dev Commission\CDC 2009\05-04-09 Professional Services Agreement - Fernando POI1i1lo SR.doc
COMMISSION MEETING AGENDA
Meeting Date: 05/04/2009
Agenda Item Number: t.~'f
Economic Development Agency Staff Report
Fernando Portillo - Professional Services Agreement
Page 2
structuring the financing for several proposed and completed affordable housing projects, and drafting and
negotiating Disposition and Development Agreement's and loan agreements for a variety of affordable
housing projects. In addition, Mr. Portillo has worked in the private real estate sector having previously
worked for two homebuilders in the Las Vegas area and a national, professional real estate consulting
firm in Los Angeles.
At this time, it has been determined that the Agency should continue to utilize the professional consulting
services of Mr. Portillo for the Agency's NSP and other affordable housing transactions through a
formally approved agreement.
Compensation will consist of a base rate of $45.00 per hour, which is equivalent to the Housing Project
Manager position at the top step ofthe Agency's salary range for this position. In addition, another $5.00
per hour would be added to Mr. Portillo's compensation to partially cover the benefits that a permanent
professional employee of the Agency would receive. This would result in a total, overall hourly rate of
$50.00.
Under this salary rate, the Agency would save approximately $4.81 per hour over a full-time Agency Staff
employee given the additional benefits package that would otherwise be required. Presently, a project
manager with an equivalent hourly salary would cost the Agency $54.81 per hour when fringe benefits are
included or approximately $114,000 per year, based on a full-time equivalent position of2,080 hours. In
addition, the Agency would have greater flexibility with respect to Mr. Portillo's employment that would
not otherwise be afforded the Agency if it were to offer a permanent staff position.
If approved, the proposed agreement would be subject to termination by either party with a thirty (30) day
notice, and would be subject to funding through the Agency's annual budget adoption process.
ENVIRONMENTAL IMP ACT:
None.
FISCAL IMPACT:
The approximate annual salary cost of $100,000 would be paid through the administrative budget of the
City's NSP Program. Therefore, there is no net cost to the Agency or the City's General Fund.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
tJ2 ~ rt/
Emil A. Marzullo, Interim txecutive Director
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COMMISSION MEETING AGENDA
Meeting Date: 05/04/2009
Agenda Item Number: fLll.f
1
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(C(Q)[P>1(
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH FERNANDO S.
PORTILLO, AND AUTHORIZING EXECUTION THEREOF, PROVIDING
FOR PROFESSIONAL HOUSING FINANCE AND PROGRAM
DEVELOPMENT CONSULTANT SERVICES ON BEHALF OF THE
NEIGHBORHOOD STABILIZATION PROGRAM
8 WHEREAS, in Fiscal Year 2008-2009, the City of San Bernardino, California (the "City"),
9 IS entitled to receive $8,408,558 from the United States Department of Housing and Urban
10
Development ("HUD") under the Neighborhood Stabilization Program ("NSP") for the purpose of
11
12
redeveloping abandoned and foreclosed homes and residential properties as authorized under Title
III, Division B of the Housing and Economic Recovery Act ("HERA") of2008; and
13
14
WHEREAS, the NSP is subject to certain statutory and regulatory provisions governing the
15 Community Development Block Grant ("CDBG") program as necessitated by HERA; and
16 WHEREAS, the City, as a direct recipient of CDBG Funds has submitted to HUD and HUD
17 has approved a Consolidated Plan for Fiscal Years 2005-2010 and a Consolidated Anmml Action
18 Plan for Fiscal Year 2008-2009 (the "Action Plan"); and
19 WHEREAS, the City, as required by the NSP, prepared and submitted a substantial
20 amendment to the Annual Action Plan to HUD on November 19, 2008, in accordance with the
21 consolidated plan procedures for a substantial amendment under the annual CDBG program; and
22 WHEREAS, the City's substantial amendment to the Annual Action Plan called for the
23 provision of the following NSP components: (I) down payment assistance for eligible home buyers;
24 (2) rental housing opportunities for households at or below 50% of the Area Median Income; (3)
25 acquisition, demolition for future redevelopment; and (4) acquisition rehabilitation and resale 0
26 single-family properties; and
27 WHEREAS, a certain need has arisen for the addition of professional-level staff to develop
28 each of the individual NSP components; and
I
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1 WHEREAS, the skills, education, and previous work experience of Fernando S. Portillo
2 qualifies him to provide such professional-level services; and
3 WHEREAS, the City wishes to redevelop abandoned and foreclosed homes and residential
4 properties to address the significant costs that foreclosure activity imposes on local municipalities
5 and neighborhoods; and
6 WHEREAS, the Community Development Commission of the City of San Bernardino
7 ("Commission") desires to enter into an agreement for professional services ("Agreement") with
8 Fernando S. Portillo, which will provide professional housing finance and program development
9
10
consulting services to the Redevelopment Agency of the City of San Bernardino ('"Agency") in the
furtherance ofNSP activities.
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NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
13 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
14 FOLLOWS:
15
Section 1.
The Commission hereby approves and authorizes the Interim Executive
16 Director of the Agency to execute an Agreement with Fernando S. Portillo, Housing Finance and
17 Program Development Consultant on behalf of the Agency together with such technical and
18 conforming changes as may be recommended by the Interim Executive Director of the Agency and
19 approved by the Agency Counsel.
This Resolution shall take effect from and after its date of adoption by this
20 Section 2.
21 Commission.
22 III
23 III
24 III
25 III
26 III
27 III
28 III
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH FERNANDO S.
PORTILLO, AND AUTHORIZING EXECUTION THEREOF, PROVIDING
FOR PROFESSIONAL HOUSING FINANCE AND PROGRAM
DEVELOPMENT CONSULTANT SERVICES ON BEHALF OF THE
NEIGHBORHOOD STABILIZATION PROGRAM
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a
meeting
8 thereof, held on the day of
9 Commission Members: Aves
10 ESTRADA
11 BAXTER
12 BRINKER
13 SHORETT
14 KELLEY
15 JOHNSON
16 MC CAMMACK
17
18
19
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,2009, by the following vote to wit:
Navs
Abstain
Absent
Secretary
The foregoing Resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
24 Approved as to Form:
25 d j ~
26 By: CA~~~V
27
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3.
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement for Professional Services (this "Agreement ") is made and entered into on this 4th
day of May 2009, by and between the Redevelopment Agency of the City of San Bernardino, a public
body, corporate and politic (hereinafter referred to as the "Agency") and Fernando S. Portillo, Professional
Housing Finance and Program Development Consultant (hereinafter referred to as the "Consultant").
WITNESSETH
WHEREAS, the Consultant has over twelve (12) years of experience in developing and financing
various housing programs and projects with various for-profit and governmental organizations in both
California and Nevada; and
WHEREAS, the Agency and the Consultant desire to enter into this Agreement to utilize the
Consultant's services for professional housing finance and program development activities related to the
Neighborhood Stabilization Program ("NSP") as described in Exhibit "A" (the "Scope of Services")
attached hereto and incorporated herein by reference and the Consultant accepts responsibilities as
described herein.
NOW, THEREFORE, in consideration of mutual covenants herein set forth and the mutual benefits
to be derived there from, the parties agree to enter into this Agreement as follows:
1. TERMS.
(a) This Agreement shall commence as of the day and year first above written and shall
remain in full force and effect until such time as either party provides a written thirty (30) day
termination notice, and shall be subject to appropriate funding within the Agency's annual budget;
provided, however, that the term of this Agreement shall not exceed a duration through and
including June 30, 2010, unless otherwise amended in writing by the parties.
(b) The Consultant shall perform work as requested and as needed by the Agency and
promptly provide the finished product to the Agency.
2. CONSULTANT RESPONSIBILITIES.
Upon the request of the Agency, the Consultant shall perform each element as needed of the work
descriped in the Scope of Services, Exhibit "A." The Consultant commits the principal personnel
listed below to the Scope of Services for the duration of this Agreement:
Consultant: Fernando S. Portillo
3. AGENCY RESPONSIBILITIES.
The Consultant shall provide all supplies and materials necessary to accomplish the work in the
Scope of Services, Exhibit "A". The Agency shall provide, in a reasonable timely fashion, the
Consultant with any documentation, records, reports, statistics or other data or information
pertinent to the Scope of Services, which are reasonably available to the Agency, and necessary to
complete assignments.
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4. CONFIDENTIALITY OF REPORTS.
The Consultant shall keep confidential all reports, information and data received, prepared or
assembled pursuant to performance hereunder. Such information shall not be made available to
any person, news release, firm, corporation, or entity without prior written consent of the Agency's
Interim Executive Director of the Agency or designee.
5. COMPENSATION.
The maximum compensation for the Consultant's services, including Consultant's costs and
expenses, compensation shall be equal to Fifty Dollars ($50) per hour with a maximum not to
exceed the figure of $1 00,000 in anyone fiscal year. Reimbursement for travel, including travel
mileage at the current Internal Revenue Service rate, and reimbursements for business luncheon
meetings shall be pre-approved by the Interim Executive Director of the Agency, in writing on a
case-by-case basis, and shall be submitted for reimbursement with the Consultant's monthly
invoice as supported by documentation in accordance with the Agency's policies and procedures.
During the term of this Agreement, the Agency shall pay the Consultant on a bi-monthly basis
(every two weeks) upon receipt of an itemized invoice from the Consultant, normally within two
(2) weeks of receipt of said invoice. Said compensation shall be considered full and complete
reimbursement for all of the Consultant's costs associated with the services provided hereunder.
6. USE OF FUNDS.
The funds paid to the Consultant shall be used solely for the purpose as set forth in this Agreement
and in accordance with the Scope of Services. The Consultant shall remain in compliance with all
state, federal and local laws prior to the receipt of any reimbursement hereunder.
7. NONDISCRIMINATION; MONITORING AND REPORTING WORK PERFORMANCE.
The Consultant shall not discriminate because of race, color, national origin, creed, religion, sex,
marital status or physical handicap. At the request of the Interim Executive Director of the
Agency, or designee, the Consultant shall provide reports or other work products as required, no
later than on agreed upon dates of completion. Failure to provide such work products may prevent
payment ofthe Consultant's requests for compensation, and may justify the temporary withholding
as provided herein. The Agency reserves the right to waive such breach, without prejudice to any
other of its rights hereunder, upon a finding by the Interim Executive Director of the Agency or
designee that such failure was due to extraordinary circumstances and that such breach has been
timely cured without prejudice to the Agency.
8. CONFLICT OF INTEREST.
The Consultant shall maintain a code or standard of conduct. The Consultant shall neither solicit
nor accept gratuities, favors, or anything of monetary value for work completed under the Scope of
Services. To the extent permissible by state laws, rules and regulations, the standards adopted by
the Consultant shall provide for penalties, sanctions, or other disciplinary actions to be applied for
violations of such standards by the Consultant.
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9. INDEPENDENT CONTRACTOR.
The Parties intend that the relationship between them created under the Agreement is that of an
independent contractor only. The Consultant shall perform each element of the work set forth in the
Scope of Services as an independent contractor and shall not be considered an employee of the
Agency. This Agreement is by and between the Consultant and the Agency, and is not intended,
and shall not be construed, to create the relationship of agent, servant, employee, partnership,joint
venture, or association, between the Agency and the Consultant. The Agency is interested only in
the results obtained under the Agreement; unless otherwise indicated and under unusual
circumstances, the manner and means of performing the services are subject to the Consultant's
sole control. The Consultant shall have no right or authority to bind or commit the Agency, unless
specifically authorized in writing by the Interim Executive Director of the Agency in each specific
instance. The Consultant shall not be entitled to any benefits, including, without limitation,
worker's compensation, disability insurance, vacation or sick pay. The Consultant shall be
responsible for providing at his expense, and in his name, disability, worker's compensation or
other insurance.
The Consultant assumes full and sole responsibility for, and shall therefore pay, any and all federal
and state income taxes, Social Security, estimated taxes, unemployment taxes, and any other taxes
incurred as a result of the compensation set forth herein. The Consultant agrees further to provide
the Agency with proof of payment upon reasonable demand. The Consultant holds the Agency
harmless from and against any and all claims: demands, losses, costs, fees, liabilities, taxes,
penalties, damages or injuries suffered by the Agency (including, but not limited to, attorney fees
and court costs, whether or not litigation is commenced) arising out of the failure of the Consultant
to comply with this provision. Further, this right of indemnification shall apply to any and all
claims, demands, losses, costs, fees, liabilities, taxes, penalties, damages and injuries suffered by
the Agency as a result of the classification of the Consultant as independent contractor under this
Agreement.
10. RECORDS.
The Consultant shall keep full and accurate records of all consulting work performed under this
Agreement. All records, content, sketches, drawings, prints, computations, charts, reports and
other' documentation made in the course of the consulting work performed hereunder, or in
anticipation of the consulting work to be performed in regard to this Agreement, shall at all times
be and remain the sole property of the Agency and the Consultant shall turn over to the Agency all
copies of the Work Records within seven (7) calendar days after a written request by Agency.
11. BUSINESS LICENSESrrIN.
Consultant shall obtain a San Bernardino business license and provide the Agency with evidence
that his license has been obtained on or before May 4,2009. The Consultant agrees to keep said
license current and valid throughout the term of this Agreement.
The Consultant shall obtain a state and federal taxpayer identification number and shall provide
evidence to the Agency that this number has been obtained.
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12. RIGHT TO OBTAIN OTHER CONTRACTUAL ARRANGEMENTS.
The Consultant at any time has the right to: (a) accept employment or other association with any
person. redevelopment agency, city or company in the United States of America or any Territory
thereof, or through media reasonably accessible by persons in the United States of America or any
Territory thereof, or (b) in the United States of America or any Territory thereof, or through media
reasonably accessible by Persons in the United States of America or any Territory thereof, engage
in activities, projects or services similar in nature or competitive with those of the Agency, limited
only by the confidential information described in Section 4, or (c) become employed by, associate
with or otherwise engage any entity anywhere in the world. The Agency acknowledges that the
provisions of this Section 12 are reasonable in light of the legitimate business needs of the Agency.
13. SUCCESSOR AND ASSIGNMENT.
The services as contained herein are to be rendered by the Consultant whose name is as appears
first above written and said Consultant shall not assign nor transfer any interest in this Agreement
without the prior written consent of the Agency.
14. INDEMNIFICATION.
The Consultant agrees to indemnify, defend and hold harmless the Agency and the City of San
Bernardino ("City"), its agents, officers and employees from and against all liability, expense,
including defense costs and legal fees, and claims for damages of any nature whatsoever,
including, but not limited to, bodily injury, death, personal injury or property damage arising out of
this Agreement from the Consultant's or the Consultant's employees but only to the degree of
Consultant's negligence, errors or omissions connected with the services performed by or on behalf
of the Consultant pursuant to this Agreement and only for which proceeds from valid collectible
insurance is available to Agent or City. The costs, salary, and expenses of the Agency's legal
counsel in enforcing this Agreement on behalf of the Agency shall be considered as "legal fees" for
the purpose of this Section The Consultant agrees to obtain a policy of insurance in the minimum
amount of Five Hundred Thousand Dollars ($500,000) to cover any and all such claims. The
Consultant shall provide the Agency with evidence that the necessary liability insurance has been
obtained, and that the Agency has been named as an additional insured on said policy by May 4,
2009.
15. MODIFICATION.
This Agreement may be supplemented, amended, or modified only by the mutual agreement of the
parties. No supplement, amendment, or modification ofthis Agreement shall be binding unless it
is in writing and signed by both parties.
16. CHOICE OF LAW.
This Agreement, and any dispute ansmg from the relationship between the parties to this
Agreement, shall be governed by California law, excluding any laws that direct the application of
another jurisdiction's laws.
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17. COMPLIANCE WITH LAWS.
The parties agree to be bound by applicable federal. state, and local laws, regulations and directives
as they pertain to the performance of this Agreement.
18. SEVERABILITY.
In the event that any provision herein contained is held to be invalid, void or illegal by any court of
competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement
and shall in no way affect, impair, or invalidate any other provision contained herein. If any such
provision shall be deemed invalid due to its scope of breadth, such provision shall be deemed valid
to the extent of the scope or breadth permitted by law.
19. INTERPRETATION.
No provision of this Agreement is to be interpreted for or against either party because that party or
that party's legal representative drafted such provision, but this Agreement is to be construed as if
it were drafted by both parties hereto.
20. CONTRACT EVALUATION AND REVIEW.
The ongoing assessment and monitoring of this Agreement is the responsibility of the Interim
Executive Director of the Agency or designee.
21. ENTIRE AGREEMENT.
This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the retention of the Consultant by the Agency and contains all the
covenants and agreements between the parties with respect to such retention.
22. WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy,
shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor
shall any waiver constitute a continuing waiver unless the writing so specifies.
23. ARBITRATION.
With the exception of matters in which equitable or injunctive relief is sought or required, the
parties hereto shall submit all disputes relating to this Agreement, whether sounding in contract,
tort, or both, to binding arbitration, in accordance with California Code of Civil Procedure Sections
1280 through 1294.2. Either party may enforce the award of the arbitrator under Section 1285 of
the Code of Civil Procedure. The parties understand that they are waiving their rights to ajury
trial. For matters in which equitable or if\iunctive relief is sought or required, a court of competent
jurisdiction shall be the appropriate forum.
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The party demanding arbitration shall submit a written claim to the other party, setting out the basis
of the claim and proposing the name of an arbitrator. The responding party shall have ten (lO)
business days in which to respond to this demand in a written answer. If this response is not timely
made, or if the responding party agrees with the person proposed as the arbitrator, then the person
named by the demanding party shall serve as the arbitrator. If the responding party submits a
written answer rejecting the proposed arbitrator and the parties cannot otherwise agree on an
arbitrator, on the request of either party the American Arbitration Association shall select an
arbitrator. Except for discovery (as detailed below), the mechanics of the arbitration shall be
established by the arbitrator.
Limited discovery shall be available. No more then thirty (30) days before the arbitration hearing.
a party may serve a document request calling for any document that would be discoverable in civil
litigation. The party served with this request shall deliver the requested documents and any
objections within five (5) business days. The arbitrator may resolve any dispute over the exchange
of documents. Thereafter, each party may take no more than two (2) depositions, each of which
shall last no more than four (4) hours each. The arbitrator may resolve any dispute over the
depositions as they would be resolved in civil litigation.
The parties agree that the arbitrator shall be authorized to award attorney fees and costs to the
prevailing party.
24. NOTICE.
Notices herein shall be presented in person or by certified or registered United States mail, as
follows:
To the Consultant:
Fernando S. Portillo
Housing Finance and Program Development Consultant
2304 Alta Street
Los Angeles, California 90031
(323) 223-2628
To the Agency:
Emil A. Marzullo, Interim Executive Director
Redevelopment Agency of the City of San Bernardino
201 North "E" Street, Suite 301
San Bernardino, California 92401
(909) 663-1044
Nothing in this paragraph shall be construed to prevent the giving of notice by personal service.
25. ENTIRE AGREEMENT.
This Agreement, with Exhibit "A," constitutes the final, complete and exclusive statement of the
terms of the agreement between the parties pertaining to the engagement of the Consultant by the
Agency and the entire understanding ofthe parties and supersedes all prior and contemporaneous
understandings or agreements of the parties. No party has been induced to enter into this
Agreement by, nor is any party relying on, any representation or warranty outside those expressly
set forth in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first written above.
AGENCY
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
Dated:
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
By: C~~
Agency ouns
CONSULTANT
Dated:
f2-r 5
By:
~mL 8:d
ernando S. Portillo
Housing Finance and Program Development
Consultant
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EXHIBIT "A"
Fernando S. Portillo
Scope of Services
. Assist with contract negotiations pertaining to the EDA Intermediary Services Program and
the properties acquired by the Agency and its subcontractors, including helping to prepare
contract documents and negotiation of contract terms.
. Gather information and prepare reports as necessary in order to comply with NSP reporting
requirements and any reporting or informational requirements from the Agency.
. Maintain adequate files of all auditable documents required and generated as a result ofNSP.
. Obtain approvals from the City's Redevelopment Committee ("RDA Committee") and the
City Council ("Council") as required in order to effectively administer the NSP program,
including preparation of staff reports and presentation of requests and reports before the
RDA Committee and Council.
. Assist with any procurement activities with respect to contracting any consultant, developer,
contractor, broker or other professionals and/or activities as required to comply with and
effectively administer the NSP Program, including the preparation ofRFP's or RFQ's, the
preparation of any evaluation materials, such as scoring keys, worksheets, interview
questions, participation on review panels and notification of finalists.
. Assist with the acquisition and disposition offoreclosed residences acquired by the Agency
as part of the EDA Intermediary Services Program. Assist with the design ofthe acquisition
and disposition process to be employed by the Agency.
. Assist the Department of Housing and Community Development with the underwriting of
housing projects, the acquisition and disposition of properties and the workout activities for
distressed properties under NSP.
. Other related assignments as per the Agency's Housing Director.
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P\Agendas\Agenda Anachments\Agenda Attachmtms\Agenda Anachments\Agrmts-Amend 2009\05-04-09 Final ProfessKlIIal Services Agreement - Consultant F Ponillo.doc