HomeMy WebLinkAbout2014-07-08 Item 06
City of Chula Vista
Staff Report
File#:14-0292, Item#: 6.
A.RESOLUTIONNO.2014-122OFTHECITYCOUNCILOFTHECITYOFCHULAVISTA:
WAIVINGTHECOMPETITIVEFORMALBIDREQUIREMENTS;APPROVINGANAGREEMENT
BETWEENTHECITY/HOUSINGAUTHORITYANDCOMPLIANCESERVICES,LLCFOR
AFFORDABLEHOUSINGMONITORINGSOFTWARE;ANDAUTHORIZINGTHECITY
MANAGER/HOUSINGAUTHORITYDIRECTORORHISDESIGNEETOEXECUTETHEINITIAL
AGREEMENTANDTHEPURCHASINGAGENTTOEXECUTETHREEONE-YEAROPTIONSTO
EXTEND THE AGREEMENT
B.RESOLUTIONNO.2014-004OFTHECHULAVISTAHOUSINGAUTHORITY:WAIVINGTHE
COMPETITIVEFORMALBIDREQUIREMENTS;APPROVINGANAGREEMENTBETWEENTHE
CITY/HOUSINGAUTHORITYANDCOMPLIANCESERVICES,LLCFORAFFORDABLEHOUSING
MONITORINGSOFTWARE;ANDAUTHORIZINGTHECITYMANAGER/HOUSINGAUTHORITY
DIRECTORORHISDESIGNEETOEXECUTETHEINITIALAGREEMENTANDTHE
PURCHASINGAGENTTOEXECUTETHREEONE-YEAROPTIONSTOEXTENDTHE
AGREEMENT
RECOMMENDED ACTION
Council adopt resolution A and Authority adopt resolution B.
SUMMARY
TheCityofChulaVistaandtheChulaVistaHousingAuthority(collectively“City”)utilizescomputer
softwareprovidedbyComplianceServices(CS)forthemonitoringofaffordablehousingprojects.
ThisactionrequestsapprovalofanAgreementwithCSandauthorizationoftheCity
Manager/HousingAuthorityDirectororhisDesigneetoexecutetheinitialAgreementandthe
Purchasing Agent to execute three (3) additional one-year options to extend.
ENVIRONMENTAL REVIEW
TheDevelopmentServicesDirectorhasreviewedtheproposedactivityforcompliancewiththe
CaliforniaEnvironmentalQualityAct(CEQA)andNationalEnvironmentalPolicyAct(NEPA).The
proposedactivityisnotconsideredaprojectasdefinedunderSection15378(b)(5)oftheStateCEQA
Guidelinesbecausetheproposalconsistsoftheuseofcomputersoftwareforreportingpurposes,
andwillnotresultinadirectorindirectphysicalchangeintheenvironment.Therefore,pursuantto
Section15060(c)(3)oftheStateCEQAGuidelines,thisactivityisnotsubjecttoCEQA.UnderNEPA,
theactivitiesqualifyforaCertificationofExemptionpursuanttoTitle24,Part58.34(a)(2)&(3)ofthe
CodeofFederalRegulationsandpursuanttotheU.S.DepartmentofHousing&UrbanDevelopment
Environmental Guidelines. Thus, no further environmental review is necessary at this time.
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File#:14-0292, Item#: 6.
BOARD/COMMISSION RECOMMENDATION
Not applicable
DISCUSSION
TheCityutilizes,asavailable,federalCommunityDevelopmentBlockGrant(CDBG),federalHOME
InvestmentPartnership(HOME),StateofCaliforniaRedevelopmentfundsincludingLowand
ModerateIncomeHousingfund,andissuanceofMulti-FamilyHousingRevenueBondsforfinancing
ofaffordablehousingdevelopments.Asaconditionofreceivingassistancethroughthese
governmentalresources,theCityisrequiredtomonitoraffordablehousingprojectsinaccordance
withapplicableU.S.DepartmentofHousingandUrbanDevelopment(HUD)requirements,the
attendantCodeofFederalRegulations,StateofCaliforniaDepartmentofHousingandCommunity
Development(HCD)requirements,CommunityRedevelopmentLawoftheStateofCalifornia(Health
and Safety Code Section 33000,et seq.) and State Bond financing requirements.
CScompliancemonitoringandreportingsoftwaresystemenablesdevelopersandtheCityto
manageaffordablehousingrecordseasilyandefficiently.Real-timecalculationsandreportsensure
compliancewithfederal,stateandlocalincomeandrentrestrictions.Allofthereportingissubmitted
electronicallythroughthesoftwarebypropertyowners/managers.Thesoftwareinturndetermines
compliance. City staff monitors submittals and addresses compliance issues.
CS as Software Administrator:
CSsoftwareisusedbyvariouspublicagenciestomonitorover600affordablehousingproperties,
representingmorethan65,000units.Citiesthatcurrentlyusethesoftwareandrelatedservices
includetheCityofConcord,CityofEscondido,CityofFosterCity,CityofFresno,CityofHayward,
City of Hesperia, City of Santa Clara, and Contra Costa County.
TheCityhasbeenusingCSsoftwaresince2010tomonitorcomplianceof13properties,consisting
ofapproximately1,300units.In2015,theCitywilladdthreeadditionalproperties:KikuGarden
Apartments(GardenVillas),LoftsonLandis,andCongregationalTower.Thetotalnumberof
properties will grow to 16 and includes 1646 units.
Scope of Work:
The scope of work proposed to be performed by CS is as follows:
Reviewtheregulatoryagreementforeachpropertyandprepareaconcisecompliance
summary.Thesummaryshalloutlinetenanteligibilityresponsibilitiesspecifictoeachproject
and provide procedures for ensuring continuing compliance.
Update Compliance Summary, as needed;
Respond to request from users to reset password and/or provide technical assistance;
Host the software on its Web servers;
Takereasonableeffortsandactionstoprovidethecitywithanyavailableupdatestothe
software,wheneverthesamebecomesavailabletothoseothercitiesorconsultantsthathave
a commercial license to the software.
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File#:14-0292, Item#: 6.
Backupandprotectallcitydata,usingcommerciallyreasonableefforts.Thecityshall
designateanauthorizedcontactperson(s),whoshallhave24/7accesstotheaforementioned
city data.
Waiving Competitive Bidding Requirement
Theexistingsoftwareisuniqueinprovidingfortheelectronicsubmissionofreportsthatarethentied
totheapplicablerentandincomelimitsasdeterminedbythefundingsource.Basedoncityresearch,
no other vendor currently provides a similar type of software product.
TheCityhasusedCSsoftwaresince2010.Significantresourceshavebeendedicatedtotrainingof
citystaffandpropertyowners/managersinthesoftwaresystemanddatainput,includingallproperty
information and copies of all loan agreements and regulatory documents.
Therefore,staffisrecommendingthatthebidprocessbewaivedandanagreementwithCSbe
approved as to form (Attachment 1).
DECISION-MAKER CONFLICT
Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite
specificandconsequently,the500-footruleinCaliforniaCodeofRegulationssection18704.2(a)(1)
isnotapplicabletothisdecision.Staffisnotindependentlyaware,norhasstaffbeeninformedby
anyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmakerconflictof
interest in this matter.
LINK TO STRATEGIC GOALS
TheCity’sStrategicPlanhasfivemajorgoals:OperationalExcellence,EconomicVitality,Healthy
Community, Strong and Secure Neighborhoods and a Connected Community.
The nature of this Agreement is consistent with:
Goal 1: Operational Excellence.
Strategy 1.2:Excel in service delivery by continuously improving
Initiative1.2.2:Leveragenewandemergingtechnologytoprovideefficient,effective,andsecure
Informational Technology solutions.
Thesoftwareallowsdeveloperstoenterreportingdata(asrequiredbytheCity)intointernetbased
softwareeliminatingtheneedtosubmitpapercopies.Thesoftwarealsoincludesuploadedcopiesof
loan and regulatory documents and current rent and income limits, as it applies to specific projects.
TheHousingComplianceServicessoftwareonlinereportingsystemhelpsmeetgreenmandatesby
significantlyreducingtheuseofpaper,theproductionofwhichisbothresource-intensiveanda
majorsourceofpollution,aswellasbyeliminatingthefuelconsumptionandcarbondioxide(CO2)
outputassociatedwithtransportation/shipping.Importantdocumentsandreportsarestoredina
single portal for quick and easy staff access.
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CURRENT YEAR FISCAL IMPACT
FundingforthisAgreementisincludedintheadoptedbudgetforfiscalyear2014-15intheChula
Vista Housing Authority fund. There is no fiscal impact to the General Fund as a result of this action.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as all costs associated with this Agreement are covered by bond
administrative and monitoring fees.
ATTACHMENT
1.Two-Party Agreement
2.Disclosure Form
Staff Contact: Jose Dorado, Project Coordinator, Development Services Department-Housing
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COUNCIL RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA: (1) WAIVING THE COMPETITIVE FORMAL
BID REQUIREMENTS; (2) APPROVING AN AGREEMENT
BETWEEN THE CITY/HOUSING AUTHORITY AND
COMPLIANCE SERVICES, LLC FOR AFFORDABLE
HOUSING MONITORING SOFTWARE; AND (3)
AUTHORIZING THE CITY MANAGER/HOUSING
AUTHORITY DIRECTOR OR HIS DESIGNEE TO EXECUTE
THE INITIAL AGREEMENT AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE THREE ONE-YEAR
OPTIONS TO EXTEND THE AGREEMENT
WHEREAS, as a condition of receiving Federal funding from the U.S. Department of
Housing and Urban Development, the City is required to monitor its Community Development
Block Grant, and HOME Investment Partnership assisted projects during the affordable rental
housing affordability period, and
WHEREAS, as the issuer of Multi-Family Housing Revenue Bonds, the City is required
to monitor its California Debt Allocation Committee (CDLAC) funded projects during the
Qualified Compliance Period; and
WHEREAS, the City of Chula Vista is required to monitor projects funded using Low
and Moderate Income Housing funds in accordance with California Health and Safety Code
Section 33000, et.seq).
WHEREAS, the City of Chula Vista has funds from the annual monitoring fees collected
from bond financed projects; and
WHEREAS, the City is seeking professional consultant services to assist the City in
monitoring its affordable housing stock; and
WHEREAS, the Consultant)
by various public agencies and said system is used to monitor over 600 affordable housing
properties, representing more than 65,000 units. Cities that currently use the software and
related services include the City of Concord, City of Escondido, City of Foster City, City of
Fresno, City of Hayward, City of Hesperia, City of Santa Clara, and Contra Costa County.
WHEREAS, Consultant was selected due to its intimate
knowledge of and approach to monitoring affordable housing using a web-based reporting
compliance reporting system, its extensive experience, and its ability to complete the services in
a timely manner; and
WHEREAS, the City has used Consultants software since 2010 and significant resources
have been dedicated to training city staff and property owner/managers to effective operate the
software; and
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WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
WHEREAS, based on and history of use by the
City as set forth above, the City desires to waive the competitive bidding requirements, and enter
into a two-party agreement with Compliance Services, LLC to provide compliance monitoring
and reporting software an amount not to exceed $15,000, with three
(3) one-year options to extend in amounts not to exceed $15,000 each year, for a maximum
authorized amount of $60,000, contingent upon availability of funding.
NOW, THEREFORE, BE IT RESOLVED based on the findings above, the City Council
of the City of Chula Vista does hereby waive the competitive bidding requirements and
authorizes the City manager or his designee to execute the Agreement in an amount not to
exceed $15,000, with three (3) one-year options to extend in amounts not to exceed $15,000, for
a maximum authorized amount of $60,000; and authorize the purchasing agent to execute three
(3) one (1) year options to extend.
Presented by Approved as to form by
_________________________ _________________________
Kelley G. Broughton Glen R. Googins
Development Services Director City Attorney
HA RESOLUTION NO. _______
RESOLUTION OF THE CHULA VISTA HOUSING
AUTHORITY: (1) WAIVING THE COMPETITIVE FORMAL
BID REQUIREMENTS; (2) APPROVING AN AGREEMENT
BETWEEN THE CITY/HOUSING AUTHORITY AND
COMPLIANCE SERVICES, LLC FOR AFFORDABLE
HOUSING MONITORING SOFTWARE; AND (3)
AUTHORIZING THE CITY MANAGER/HOUSING
AUTHORITY DIRECTOR OR HIS DESIGNEE TO EXECUTE
THE INITIAL AGREEMENT AND AUTHORIZING THE
PURCHASING AGENT TO EXECUTE THREE ONE-YEAR
OPTIONS TO EXTEND THE AGREEMENT
WHEREAS, as a condition of receiving Federal funding from the U.S. Department of
Housing and Urban Development, the Chula Vista Housing Authority (CVHA) is required to
monitor its Community Development Block Grant, and HOME Investment Partnership assisted
projects during the affordable rental housing affordability period, and
WHEREAS, as the issuer of Multi-Family Housing Revenue Bonds, the City is required
to monitor its California Debt Allocation Committee (CDLAC) funded projects during the
Qualified Compliance Period; and
WHEREAS, the CVHA is required to monitor projects funded using Low and Moderate
Income Housing funds in accordance with California Health and Safety Code Section 33000,
et.seq).
WHEREAS, the CVHA has funds from the annual monitoring fees collected from bond
financed projects; and
WHEREAS, the CVHA is seeking professional consultant services to assist the City in
monitoring its affordable housing stock; and
WHEREAS, the Consultant)
by various public agencies and said system is used to monitor over 600 affordable housing
properties, representing more than 65,000 units. Cities that currently use the software and
related services include the City of Concord, City of Escondido, City of Foster City, City of
Fresno, City of Hayward, City of Hesperia, City of Santa Clara, and Contra Costa County.
WHEREAS, Consultant was selected due to its intimate
knowledge of and approach to monitoring affordable housing using a web-based reporting
compliance reporting system, its extensive experience, and its ability to complete the services in
a timely manner; and
WHEREAS, the CVHA has used Consultants software since 2010 and significant
resources have been dedicated to training city staff and property owner/managers to effective
operate the software; and
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WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to CVHA in accordance with
the time frames and the terms and conditions of this Agreement.
WHEREAS, based on and history of use by the
City as set forth above, the CVHA desires to waive the competitive bidding requirements, and
enter into a two-party agreement with Compliance Services, LLC to provide compliance
monitoring and reporting software an amount not to exceed $15,000,
with three (3) one-year options to extend in amounts not to exceed $15,000 each year, for a
maximum authorized amount of $60,000, contingent upon availability of funding.
NOW, THEREFORE, BE IT RESOLVED based on the findings above, the Chula Vista
Housing Authority does hereby waive the competitive bidding requirements and authorizes the
City manager or his designee to execute the Agreement in an amount not to exceed $15,000, with
three (3) one-year options to extend in amounts not to exceed $15,000, for a maximum
authorized amount of $60,000; and authorize the purchasing agent to execute three (3) one (1)
year options to extend.
Presented by Approved as to form by
_________________________ _________________________
Gary Halbert Glen R. Googins
Housing Authority Director Housing Authority Legal Counsel