HomeMy WebLinkAboutItem 02 - On-Call Agreements for Affordable Housing Services Community Development Agency
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Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 16, 2021
TOPIC: On-Call Agreements for Affordable Housing Financial, Analytical, and Advisory
Services
AGENDA TITLE:
Approve Agreements with Keyser Marston Associates, David Paul Rosen & Associates,
and RSG, Inc. for On-Call Affordable Housing Financial, Analytical and Advisory Services
on an As–Needed Basis in a Shared Amount not to exceed $250,000
RECOMMENDED ACTION
CITY COUNCIL AND HOUSING AUTHORITY
Authorize the City Manager and Executive Director of the Housing Authority to execute
joint on-call consultant agreements for affordable housing financial, analytical and
advisory services with Keyser Marston Associates, David Paul Rosen & Associates, and
RSG, Inc., for a three-year term beginning on November 16, 2021, through November 1,
2024, in a total shared amount not to exceed $250,000, subject to non-substantive
changes approved by the City Manager, Executive Director, and City Attorney.
DISCUSSION
On September 7, 2021, the City of Santa Ana issued a Request for Qualifications (RFQ
# 21-107) for affordable housing financial, analytical, and advisory services from
professional consulting firms to provide financial analytical and advisory services for
general multifamily affordable housing financial advisory services, general single family
affordable housing program financial analytical services, multifamily and/or single family
bond issuance financial advisory services, and the City’s inclusionary housing program.
The RFQ was posted on the City’s website and the City's Planet Bids portal. Letters
announcing the RFQ were sent by e-mail to individuals and firms who had previously
requested to be informed of such opportunities as well as other firms that staff identified
through research.
The Community Development Agency received four proposals before the submission
deadline which, following a minimum threshold review by staff, met the minimum
requirements of the RFQ. For evaluation purposes, staff formed a Review Panel
consisting of four staff from the Community Development Agency. The Review Panel
met on September 29, 2021 to review the proposals. Each proposal was evaluated by
the Review Panel based upon the evaluation criteria in the RFQ. The following table
On-Call Agreements for Housing Financial, Advisory and Analytical Services
November 16, 2021
Page 2
2
2
2
7
summarizes the results of the evaluation by the Review Panel, providing the average
score and ranking for each proposal:
Rank Proposal Submitted By Average Score*
1 Keyser Marston Associates 96.75
2 DRA-David Paul Rosen & Associates 78.75
3 RSG, Inc.77.75
4 EcoNorthwest 77.25
* Maximum score is 100 points
In accordance with the RFQ, staff recommends approving agreements with one or more
financial advisors to serve in a full service capacity for purposes of advising the City and
the Authority, as needed on financial matters and programs of work involving affordable
housing. The top three firms’ proposals were from Keyser Marston Associates, DRA-
David Paul Rosen & Associates and RSG, Inc. Each firm brings decades of experience,
knowledge and expertise in providing affordable housing financial advisory services. As
such, staff recommends that the City approve Agreements with Keyser Marston
Associates, David Paul Rosen & Associates and RSG, Inc. for on-call affordable housing
financial, analytical and advisory services on an as–needed basis in a shared amount not
to exceed $250,000 (Exhibit 1, 2 and 3).
FISCAL IMPACT
Prior to utilizing any of these on-call services, staff will ensure sufficient funds are
available in the appropriate program budget and will track expenditures to ensure the City
and Housing Authority does not exceed the aggregate $250,000 maximum total.
The agency anticipates a variety of housing funds may be utilized for these agreements,
including, but not limited to the following programs:
Accounting Unit-
Account Fund Description Accounting Unit, Account
Description
13018780-62300 HOME Program HOME, Contract Services-
Professional
13518780-62300 Community Development
Block Grant
CDBG, Contract Services-
Professional
14018760-62300 Housing Choice Vouchers HCV, Contract Services-
Professional
14218760-62300 Neighborhood Stabilization
Program 1
NSP 1, Contract Services-
Professional
14218761-62300 Neighborhood Stabilization
Program 2
NSP 2, Contract Services-
Professional
14218762-62300 Neighborhood Stabilization
Program 3
NSP 3, Contract Services-
Professional
14318760-62300 CalHOME Loans CalHOME, Contract
On-Call Agreements for Housing Financial, Advisory and Analytical Services
November 16, 2021
Page 3
2
2
2
7
Services-Professional
41718820-62300 Inclusionary Housing
Inclusionary Housing,
Contract Services-
Professional
15818700-62300 Permanent Local Housing
Allocation
PLHA, Contract Services-
Professional
60718810-62300 Low and Moderate Income
Housing Asset Fund
LMIHAF, Contract Services-
Professional
Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director – Finance and
Management Services Agency
EXHIBIT(S)
1. Agreement with Keyser Marston Associates
2. Agreement with David Paul Rosen & Associates
3. Agreement with RSG, Inc.
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
AGREEMENT TO PROVIDE ON-CALL AFFORDABLE HOUSING
FINANCIAL, ANALYTICAL, AND ADVISORY SERVICES
THIS AGREEMENT is made and entered into this 16th day of November, 2021, by and between
Keyser Marston Associates, Inc., a California corporation ("Consultant"), and jointly the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution
and laws of the State of California ("City"), and the Housing Authority of the City of Santa Ana,
a public body, corporate and politic ("Authority"). City and Authority shall jointly or
interchangeably, as applicable, be referred to as "City" for purposes of this Agreement.
RECITALS
A.On September 7, 2021, the City issued Request for Qualifications No. 21-107
("RFQ"), by which it sought Consultants to provide on-call affordable housing
financial, analytical and advisory services for the City and Authority. The scope of work may include any and all work efforts related to financial analytical and advisoryservices for general multifamily affordable housing financial advisory services; generalsingle family affordable housing program fina ncial analytical services; multifamilyand/or single fami ly bond issuance financial advisory services; and the City's
Inclusionary Housing Program financial analysis on an as-needed basis.
B.Consultant submitted a responsive proposal that was among those selected by the
City, which is attached hereto as Exhibit B.
C.Consultant represents that it is able and willing to provide the services described in
the Scope of Work that was included in RFQ No. 21-107, which is attached heretoas Exhibit A.
D.In undertaking the performance of this Agreement, Consultant represents that it is
knowledgea ble in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
On an as-needed basis, and at the sole discretion of City, Consultant shall perform the
services that are described in Exhibit A, as well as Consultant's proposal attached hereto as
Exhibit B. When the need for services arise, City may initiate services through use of a letter
agreement, executed by the Executive Director of the Community Development Agency and the
Consultant. Work by the Consultant may not proceed absent a previously engaged or fully
executed consultant agreement and letter agreement for a specific project. Page I of 10 EXHIBIT 1
2.COMPENSATION
a.City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Consultant is one of three (3) Consultants selected to provide affordable housing
financial, analytical, and advisory services on an as needed basis under RFQ No.
21-107. The total compensation for services provided by all Consultants selected
under RFQ No. 21-107 is a collective amount not to exceed Two Hundred and Fifty
Thousand Dollars ($250,000.00) during the term of the Agreement, including any
extension periods.
b.Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals and Scope of Work, which may reasonably be
expected by City.
3.TERM
This Agreement shall commence on the date first written above and continue for three (3)
years through November 1, 2024, unless terminated earlier in accordance with Section 17, below.
Upon execution and commencement of the Term of this Agreement, Agreement No. A-2018-203
between the City and Consultant shall be terminated. The term of this Agreement may be extended
upon a writing executed by the City Manager and the City Attorney.
4.INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
perfonns the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
5.OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Docmnents & Data"). Consultant
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EXHIBIT 1
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
6.INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against
claims for irtjuries to persons or damages to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
a.MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad
as:
I.Commercial General Liability (CGL): Insurance Services Office Form CG 00
01 covering CGL on an "occurrence" basis, including products and completed
operations, property damage, bodily injury and personal & advertising injury
with limits no less than $1,000,000 per occurrence. If a general aggregate limit
applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be
twice the required occurrence limit.
2.Automobile Liability: Insurance Services Office Form Number CA 0001
covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8
(hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for
bodily injury and property damage. (Not required if automobile is not necessary
to perfonn services.)
3.Workers' Compensation: insurance as required by the State of California, with
Statutory Limits, and Employer's Liability Insurance with limit ofno less than
$1,00 0,000 per accident for bodily injury or disease. (Not required if
Consultant provides written verification it has no employees.)
4.Professional Liability (Errors and Omissions): insurance appropriate to the
Consultant's profession, with limit no less than $2,00 0 ,000 per occurrence or
claim, $2,000,0 00 aggregate.
5.If the Consultant maintains broader coverage and/or higher limits than the
minimums shown above, the City requires and shall be entitled to the broader
coverage and/or the higher limits maintained by the Consultant. Any available
insurance proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
b.Other Insurance Provisions -The insurance policies are to contain, or be endorsed to
contain, the following provisions:
Page 3 of 10
EXHIBIT 1
1.Additional Insured Status: The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf
of the Consultant including materials, parts, or equipment furnished in
connection with such work or operations. General liability coverage can be
provided in the form of an endorsement to the Consultant's insurance ( at least
as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33,
or CG 20 38; and CG 20 37 forms if a later revisions used).
2.Primary Coverage: For any claims related to this contract, the Consultant's
insurance coverage shall be primary coverage at least as broad as ISO CG 20
01 04 13 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers shall be excess of the Consultant's insurance and shall
not contribute with it.
3.Notice of Cancellation: Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
4.Waiver of Subrogation: Consultant hereby grants to City a waiver of any right
to subrogation which any insurer of said Consultant may acquire against the
City by virtue of the payment of any loss under such insurance. Consultant
agrees to obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation endorsement from the insurer.
5.Self-Insured Retentions: Self-in sured retentions must be declared to and
approved by the City. The City may require the Consultant to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the retention.
The policy language shall provide, or be endorsed to provide, that the self
insured retention may be satisfied by either the named insured or City.
6.Acceptability of Insurers: Insurance is to be placed with insurers authorized to
conduct business in.the state with a current A.M. Best's rating ofno less than
A:VII, unless otherwise acceptable to the City.
7.Claims Made Policies: If any of the required policies provide coverage on a
claims-made basis:
1.The Re tro active Date must be shown and must be before the date of the
contract or the beginning of contract work.
2.Insurance must be maintained and evidence of insurance must be
provided for at least three (3) years after completion of the contract of
work.
3.If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a Retroactive Date prior to the contract
effective date, the Consultant must purchase "extended reporting"
coverage for a minimum of three (3) years after completion of contract
work.
Page 4 of 10
EXHIBIT 1
8.Verification of Coverage: Consultant shall furnish the City with original
Certificates of Insurance including all required arnendatory endorsements ( or
copies of the applicable policy language effecting coverage required by this
clause) and a copy of the Declarations and Endorsement Page of the CGL policy
listing all policy endorsements to City before work begins. However, failure to
obtain the required documents prior to the work beginning shall not waive the
Consultant's obligation to provide them. City reserves the right to require
complete, certified copies of all required insurance policies, including
endorsements required by these specifications, at any time.
9.Subcontractors: Consultant shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and Consultant
shall ensure that the City is an additional insured on insurance required from
subcontractors.
10.Special Risks or Circumstances: City reserves the right to modify these
requirements, in cluding limits, based on the nature of the risk, prior experience,
insurer, coverage, or other special circumstances.
8, INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, a nd c laims for property damage, which may arise from the
negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services describ ed in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
This indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the tenns of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
9.INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, including costs, and attorney's fees,
for infringement of any United States' letters patent, trademark, or copyright contained in the work
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EXHIBIT 1
product or documents provided by Consultant to the City pursuant to this Agreement.
10.RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete an d accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other docum.ents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3)years from the date of final payment to Consultant under this Agreement.
11.CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confid ential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpub lic information. Confidential infmmation includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; ( d) is required to be disclosed by operation oflaw; or ( e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12.CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services.
13.NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
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EXHIBIT 1
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-27)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: Keyser Marston Associates, Inc.
Attn: Tim Bretz, Senior Principal
500 South Grand Avenue, Suite 1480
Los An geles, CA 90071
Tel: 213-622-8095
Fax: 213-622-5204
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
14.EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or ob ligate Consultant or the City. Each party to this Agreement aclmowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein.
15.ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
Page 7 of!O
EXHIBIT 1
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other consultants retained by City.
16.WAIVER
No waiver of 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 or 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.
17.TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
·compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a.As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b.Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18.NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
19.JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
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EXHIBIT 1
20, PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21.MISCELLANEOUS PROVISIONS
a.Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b.All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
{Signatures on following page}
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EXHIBIT 1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
HOUSING AUTHORITY OF THE
CITY OF SANTA ANA
STEVEN A. MENDOZA
Executive Director
CONSULTANT
By: Tim Bretz
Title: Senior Principal
Page 10 of10
EXHIBIT 1
EXHIBIT A SCOPE OF SERVICES EXHIBIT 1
REQUEST FOR QUALIFICATIONS
RFQ # 21-107
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL
AND ADVISORY SERVICES
Issue Date:
Proposal Due Date:
CITY OF SANTA ANA
Community Development Agency
20 Civic Center Plaza
Santa Ana, CA 92701
Claudia Fernandez-Shaw
Housing Programs Analyst
(714)667-2265 Office
(714)667-2225 Fax
cshaw@santa-ana.org
KEY RFQ DATES
Tuesday,
Tuesday,
September 7, 2021
September 21, 2021 at 5:00 P.M.
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
Page 1
EXHIBIT 1
NOTICE INVITING QUALIFICATIONS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide Affordable Housing
Financial, Analytical and Advisory Services. Responses to this Request for Qualifications (RFQ) will be
accepted until Tuesday, September 21 at 5:00 P.M. If further information is required, please contact Claudia
Fernandez-Shaw, Housing Programs Analyst, at (714) 667-2265 or cshaw@santa-ana.org.
MAILED, E-MAILED, DELIVERED BY HAND or COURIERED proposals will be accepted as follows:
Attention: Claudia Fernandez-Shaw, Housing Programs Analyst
City of Santa Ana
Community Development Agency (6th Floor)
20 Civic Center Plaza, M-26
Santa Ana, CA 92701
cshaw@santa-ana.org
It is the responsibility of the proposer to see that any proposals submitted shall have sufficient time to be
received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request
for Qualifications shall be made in writing via e-mail to Claudia Fernandez-Shaw at cshaw@santa-ana.org.
The receiving time at the Front Desk of the City of Santa Ana Community Development Agency, 5th
Floor, 20 Civic Center Plaza, Santa Ana CA 92701 will be the governing time for the receipt of
proposals or the e-mail receipt date. Late Proposals will NOT be considered and will be returned to the
proposer unopened.
TELEGRAPHIC, ELECTRONIC AND FACSIMILE PROP OSALS WILL NOT BE ACCE PTED
ONLY SEALED RFQ RESPONSES ARE ACCEPTABLE
DO NOT FAX RFQ RESPONSES
City of Santa Ana Community Development Agency
Request for Qualifications-Affordable Housing Financial, Analytical and Advisory Services
Page 2
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
I.INTRODUCTION
II.PERIOD OF CONTRACT
111.SCOPE OF WORK / SERVICES
IV.GENERAL INFORMATION
V.CONTRACTOR RESPONSIBILITIES
VI.INSURANCE REQUIREMENTS AND CITY BUSINESS LICENSE
VII.RULES FOR PROPOSALS
VIII.E-MAIL COMMUNICATIONS AND INTERPRETATIONS/
CLARIFICATIONS
PAGE
4
4
4
4
5
5
6
6
IX.ADDENDA 6
X.SUBMITTAL INFORMATION AND DEADLINE 6
XI.MINIMUM QUALIFICATIONS 6
XII.SUBMITTAL REQUIREMENTS 7
XIII.CONTRACTOR SELECTION-SCORING AND EVALUATION 8
XIV.PUBLIC RECORDS 9
XV.FILING A PROTEST 9
EXHIBIT A SCOPE OF SERVICES 10
EXHIBIT B PROPOSERS STATEMENT AND FEE SC HEDULE 13
EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL 14
GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES
EXHIBIT D REFERENCES AND RELEVANT WORK HISTORY 15
EXHIBIT E PROPOSAL AND CONTRACT AGREEMENT -PROPOSERS 17
STATEMENT
EXHIBIT F PROPOSAL AND CONTRACT AGREEMENT -CERTIFICATION 18
OF NONDISCRIMINATION BY CONTRACTOR
EXHIBIT G NON-COLLUSION AFFIDAVIT 20
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EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
I.INTRODUCTION
The City of Santa Ana (City) and the Housing Authority of the City of San ta Ana (Authority) are issuing this
Request for Qualifications (RFQ) for Aff ordable Housing Financial, Analytical and Advisory Services from
professional consulting firms to provide financial analytical and advisory service s for general multifamily
affordable housing financial advisory services; general single family affordable housing program financial
analytical services; multifamily and/or single family bond issuance financial advisory services; and the City's
lnclusionary Housing Program financial analysis. The scope of work may include any and all work efforts
related to EXHIBIT A-SCOPE OF SERVICES.
II.PERIOD OF CONTRACT
Unless earlier terminated as allowed for in the Agreement, the agreement term shall be for a period of up to
three (3) years. The agreement term is anticipated to commence after City Council award of this agreement
and upon receipt and approval of all required insurance documents.
The term of this Agreement shall have provision for three (3), one-year renewal options exercisable by the
City Manager and City Attorney unless the City notifies the Consultant in writing at least thirty (30) days
before the end of the initial term or any extended term, of its intent to terminate the Agreement at the
conclusion of the initial term or any extension.
Ill . SCOPE OF WORK/ SERVICES
The scope of work may include any and all work efforts related to the Affordable Housing Financial,.
Analytical and Advisory Services per EXHIBIT A-SCOPE OF SERVICES
The Contractor shall be an independent contractor capable of providing experienced, knowledgeable and
professional staff. The Contractor shall be responsive and maintain excellent working relationships with city
residents, businesses, government officials and City staff. The Contractor shall provide adequate staffing
levels at all times and adhere to established schedules. The Consultant shall be knowledgeable of and
comply with federal, state and local regulations, including but not limited to the California Health and Safety
Code and the Santa Ana Municipal Code.
IV .GENERAL INFORMATION
A.The term of the contract will begin after the contract is awarded by the City Council.
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B.When determined appropriate, the City will provide information in its possession relevant to
preparation of required information in the RFQ. The City will provide only the staff assistance and
documentation specifically referred to herein.
C.The Contractor shall be responsible for retaining data, records and documentation for the preparation
of the required information. These materials shall be made available to the City as requested by the
City.
D.This RFQ does not commit the City to pay costs incurred in preparation of a response to this RFQ.
All costs incurred in the preparation of the proposal, the submission of additional information and/or
any aspect of a proposal prior to the award of a written contract will be borne by the respondent. The
City reserves th.e right to accept or reject the combined or separate components of a proposal in part
of in its entirety or to waive any informality or technical defect in a proposal.
E.All data, documents and other products used, developed or produced during response preparation of
the RFQ will become property of the City. All responses to the RFQ shall become property of the City.
Proposer information identified as proprietary information shall be maintained confidential, to the
extent allowed under the California Public Records Act.
F.The City reserves the right to reject, replace and approve any and all subcontractors. All
subcontractor(s) shall be identified in the response to the RFQ and the City reserves the right to reject
any subcontractor(s). Subcontractor(s) shall be the responsibility of the prime Contractor and the City
shall assume no liability of such subcontractor(s).
V.CONTRACTOR RESPONSIBILITIES
The selected Contractor will assume responsibilities for all services in its proposal. The selected
Contractor shall identify a sole point of contact for contractual matters, including payment of any and all
charges resulting from the Agreement.
VI.INSURANCE REQUIREMENTS AND CITY BUSINESS LICENSE
CGL (Commercial General Liability) -CGL insurance is required when the Consultant will be
performing services on City property or receiving City grant funds. A $1,000,000.00 per occurrence with
$2,000,000.00 in the aggregate policy is required. The certificate of insurance must provide 30-day notice
of cancellation or material reduction in policy limits. Additionally, the City of Santa Ana and the Housing
Authority of the City of Santa Ana, its officers, agents, volunteers and employees shall be named as an
additional insured via an additional insured endorsement. The additional insured endorsement, attached
as Exhibit C, shall provide that the Consultant's insurance is primary to any insurance or self-insurance
carried by the City as well as a separation of insure.d's clause.
Automobile -Automobile insurance is required when the Consultant will be driving from one City site
to another City site in a non-City vehicle. A $1,000,000.00 per occurrence policy for owned, hired and·
non-owned automobiles is required.
Worker's Compensation -In accordance with the provisions of Section 3300 of the California Labor
Code, any Consultant with employees must maintain employer's liability insurance with limits not less
than $1,000,000.00 per accident. Worker's Compensation is not required for sole proprietors or a
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EXHIBIT 1
partnership with no employees. However, these Consultants must complete a "Worker's Compensation
Declaration." This form may be obtained from City staff.
Professional Liability-Professional liability insurance is required for state licensed professionals, such
as, engineers, architects, CPAs, attorneys and medical professionals. A $1,000,000.00 policy is required.
City Business License -The selected proposer shall be required to obtain a City of Santa Ana Business
license within thirty (30) days of selection and must provide a copy to the City project manager or
designee prior to commencing any work in Santa Ana.
VII.-RULES FOR PROPOS ALS
The signer of the RFQ must declare in writing that the only person, persons, company or parties
interested in the proposal as principals are named therein; that the proposal is made without collusion
with any other person, persons, company or parties submitting a proposal; that ii is in all respects fair
and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind
the proposer.
VIII.E-MAIL COMMUNICATIONS AND INTERPRETATIONS/ CLARIFICATIONS
To facilitate the RFQ process, proposers are required to monitor and respond to e-mail requests within
48 hours. No oral interpretations will be made by the City to any proposer as to the meaning of
requirements identified herein including the Scope of Services. Every request for such an interpretation
must be made in writing via e-mail to Claudia Fernandez-Shaw, Housing Programs Analyst, no later
than Tuesday, September 14, 2021 at 5:00 p.m. Significant interpretations or clarification will be made
by an addendum to this RFQ, which will be posted to the website. Addenda may become part of the
agreement documents.
IX.ADD ENDA
If clarification or interpretation of this RFQ is considered necessary by the City, a written addendum shall
be issued and the information will be posted on the City's website at http://www.santa-ana.org/bids-rfps/.
II is the responsibility of each proposer to periodically check the City's website to ensure that they have
received and reviewed any and au addenda to this RFQ.
X.SUBMITTAL INFORMATION AND DEADLINE
Proposals are due to the City of Santa Ana, at the date, time and location set forth on the Notice Inviting
Proposals. Faxed proposals will not be accepted.
XI.MINIMUM QUALIFICATIONS
The following are the minimum qualifications to be considered as an eligible candidate to submit
proposals for the requested services described in this RFQ. Proposers shall have a minimum of five (5)
years recent experience in providing financial analytical and/or advisory services for affordable housing
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projects. Proposers shall have a minimum of five (5) years of recent experience working with affordable
housing projects and various funding sources (i.e. HOME Investment Partnerships Program (HOME)
funding, Community Development Block Grant (CDBG), Low-Income Housing Tax Credit, bond
financing).
XII.SUBMITTAL REQUIREMENTS
The RFQ is intended to assess and evaluate each firm's capabi lities as they apply to the proposed
services. Each firm must address each of the following items in its response to the RFQ:
1)Statement of Qualifications -In order to maintain uniformity, the Statement of Qualifications must be limited
to a MAXIMUM OF 25 PAGES (excluding front and back covers). The page limitation incl udes all
appendices, attachments and supplemental information. The following information is required:
. a) Cover Letter: A letter signed by a principal or authorized representative who can make legally binding
commitments for the entity.
b)Organizational Background: A brief description of the consultant's firm, including the year the firm was
established, type of organization (partnership, corporation, etc.), and a statement of the firm's
qualifications for performing the subject consulting services.
c)Scope of Services: Include a detailed description of the components of housing financial analytical and/or
advisory services.
d)Firm or Personnel Experience: A profile of the firm's experience, personnel and history relating to the
scope of work identified in Exhibit A -Scope of Services. Include a description of the company profile,
including range of the firm's capabilities and service. In addition, provide the names of all personnel who
will be assigned to this project, their education and previous ex perience.
e)Relevant Experience: List of financial analytical and/or advisory services which your firm or personnel
have completed within the last five (5) years. Information should include project description, year
completed, client name, along with a person to contact and his/her telephone number.
f)Sub consultants: Identification is required of any contemplated sub consultants to be used, with the
identification of personnel to be assigned, their qualifications, education, and representative experience.
g)References: The Consultant shall submit a list of references comprised of a listing of work similar to that
identified in the RFQ.
h)Fee Schedule: The fee schedule shall include the hourly rates for each pers onnel category to be used
on the project and/or fee for each type of service. Personnel hourly rates shall reflect all costs for office
overhead, including phones, cellular phones, vehicles, mileage and other direct and indirect costs. This
fee schedule shall reflect all anticipated fee increases. The fee schedule shall include the proposed
fees and timeframe for the completion of (1) a subsidy layering analysis for an affordable multi-family
project; and (2) financial advisory services for a multi-family bond issuance.
2)EXHIBIT B PROPOSERS STATEMENT AND PROPOSAL ITEM PRICING
3)EXHIBIT C-ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY
(NOT REQUIRED UNTIL AFTER CONTRACTOR SELECTION)
4)EXHIBIT D-REFERENCES AND RELEVANT WORK HISTORY /PAST 10 YEARS)
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5)EXHIBIT E-PROPOSAL CONTRACT AND AGREEMENT -PROPOSERS STATEMENT
6)EXHIBIT F · PROPOSAL CONTRACT AND AGREEMENT -CERTIFICATION OF NONDISC RIMINATION
BY CONTRACTOR
7)EXHIBIT G -NON-COLLUSION AFFIDAVIT
Submittal of Proposal:
•Five (5) copies of the response to the RFQ shall be signed by a company official with the power to bind the
company.
•One (1) copy of the submittal on a USB Flash Drive.
•Structure your proposal to include the Scope of Service response, Implementation Schedule, Fees/ Contract
Price and Exhibits.
The proposal must be completely responsive to the RFQ.
The City reserves the right to reject any or all proposals submitted and no representation is made he reby that
any contract will be awarded pursuant to this RFQ or otherwise.
XIII.CONTRACTOR SELECTION -SCORING AND EVALUATION
The criteria for evaluating the proposals submitted will take the following items into consideration:
POINTS EVALUATION CRITERIA
35 Qualifications and Company Experience
30 Demonstrated and Relevant Affordable Housing
Experience
35 Fee Schedule
100 TOTAL POINTS
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The proposals will be reviewed by a committee of City staff members. The committee will evaluate
Proposers based on their response to the RFQ. A final score will be calculated for each submitted
proposal and used to rank the proposers. The most responsive proposers will be informed after the
scoring and evaluation is complete. The committee will recommend award of the contract to the proposer
who will provide the best quality service to the City. The City reserves the right to negotiate pricing and
for additional interviews. The City will notify the successful firms by email of invitation for a final oral
interview and/or award.
XIV.PUBLIC RECORDS
Proposals will become public record after award of agreement. Interested offerors may submit a written
request, with a self-addressed stamped envelope to receive results of the evaluation. Proposer inform ation
identified as proprietary information shall be maintained confidential, to the extent allowed under the
California Public Records Act. Submit your request to: City of Santa Ana Community Development Agency,
Attn.: Claudia Fernandez-Shaw, Housing Programs Analyst, 20 Civic Center Plaza M-26, Santa Ana, CA
92701.
XV.FILING A PROTEST
Bidders may file a "protest" with the City's Community Development Agency-Housing Division. In order
for a vendor's protest to be considered valid, the protest must:
1.Be filed in writing within five (5) business days of either the RFQ posted date or before 5:00 p.m. of
the 5th business day following the posting of RFQ results/Notice of Intent to Award Contract on the
City's website;
2.Clearly identify the specific irregularity or accusation;
3.Clearly identify the specific City staff determination or recommendation being protested;
4.Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5.Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is
valid, the City's Housing Division Manager, or other designated City staff member, shall review the basis of
the protest and all relevant information. The Housing Division Manager will provide a written decision to the
protestor within fourteen (14) calendar days from receipt of protest. The decision from the Housing Division
Manager, or her/her designee, is final and no further appeals will be considered.
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EXHIBIT 1
I.
II.
EXHIBIT A
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIO NS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
SCOPE OF SERVICES
INTRODUCTION
The City of Santa Ana (City) and the Housing Authority of the City of Santa Ana (Authority) are issuing
this Request for Qualifications to provide affordable housing financial, analytical and advisory services
for various affordable housing programs and projects. The City and the Authority administer a variety of
programs for developing affordable housing funded by federal, state and local sources. These include
affordable housing funded by the Community Development Block Grant (CDBG) Program, HOME
Investment Partnerships Grant (HOME) Program, Neighborhood Stabilization Program, Project-Based
Voucher (PBV) Program, Low and Moderate Income Housing Asset Fund (LMIHAF), local inclusionary
housing funds, and housing revenue bond financed programs.
In order to enhance its financial capacities as a lender, the City and Authority are seeking proposals
from affordable housing financial, analytical and advisory firms interested in providing their services in
the following areas:
(1)General multi-family affordable housing financial, analytical and/or advisory services;
(2)Multi-family and/or single-family bond issuance financial advisory services;
(3)lnciusionary housing financial analysis and advisory services.
Scope of Work
The City and the Authority intend to contract with one or more Financial Advisors to serve in a full
service capacity for purposes of advising the City and Authority, as needed, on all financial matters and
programs of work involving affordable housing.
The City of Santa Ana provides financing to affordable housing projects within the City through the use
of the CDBG Program, HOME Program, Neighborhood Stabilization Program, PBV Program, LMIHAF,
and local inclusionary housing funds. As part of these projects, the selected consultant may be asked
to:
•Perform financial analyses in connection with affordable and mixed-income projects
with a variety of affordable housing financing sources, including affordable and market
rate rental housing, and affordable and market-rate ownership housing.
•Perform financial analysis and/or subsidy layering analysis for the structuring of the
City's multifamily affordable housing development projects. Analysis should be
completed to satisfy funding requirements, such as the HOME Program.
Assist in compiling and analyzing general economic data regarding housing.
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EXHIBIT 1
•Perform analyses in relation to the City's Housing Opportunity Ordinance and
inclusionary housing fund.
•Complete subsidy layering analysis for multi-family projects.
•Review construction budgets for multi-family projects.•Conduct annual financial oversight of HOME Projects.
•Review Capital Needs Assessments.
•Attend City Council, Housing Authority, and/or Community Redevelopment and
Housing Commission meetings, as needed.
The Authority issues tax exempt mortgage revenue bonds for the purpose of developing or preserving
affordable housing within the City. These bonds are considered "conduit" obligations. While the
Authority issues the bonds, the project owner is always the borrower and has sole responsibility for
repayment. There can be no recourse to either the Authority or the City.
The Authority requires the services of highly qualified and experienced financial advisors to insure that
these issuances are fiscally sound, that they protect the interests of both the City and the Authority, and
that they meet all applicable requirements of Federal and State law. Of particular importance is the
ability of the selected firm(s) to provide quality services at reasonable cost with the objective of
protecting the Authority's and the City's interests and their affordable housing objectives through
participation only in transactions which applicable standards of fiscal prudence. The services will
include, but not be limited to, the following:
•Preparation of a feasibility analysis to determine whether it is economically advisable
to proceed with any given bond issuance. The analysis will include but not be limited to
an evaluation of the financial strength of the proposed project, including its projected
income and expenses, an evaluation of any additional sources of security for the
bonds in addition to the project that may be required or advisable, and an evaluation of
the developer's financial condition and experience.•Identification, analysis and recommendations on all substantive matters pertinent to
the proposed transaction, including advice in areas of industry-specific knowledge that
may affect the financing and the interests of the City and the Authority.•Assessment of the optimal use of housing assistance programs and funding sources
that may be available in connection with a particular bond financing. These may
include but not be limited to HOME Program funds, Low Income Housing Tax Credits,
other federal and state programs, and local programs such as the City's inclusionary
housing funds that may be available.•Assistance in preparation of legal documentation for the financing. Participation in all
meetings prior to the bond issuance. Assistance in the preparation and presentation of
reports on proposed financing to the City and the Authority.
Assistance in review and decision-making with respect to issues that may arise after
the issuance of the bonds and construction of the project.
Upon request, recommendations and advice regarding the City's and the Authority's
policies and procedures relating to affordable housing.
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Continuing legal advice, as needed and requested, concerning any actions necessary
to insure the continuing tax exempt status of the bonds, and to protect the interests of
the City and the Authority.
The City Attorney's Office will at all times serve as the City's and the Authority's own legal counsel in all
matters respecting these tax exempt bonds. Bond counsel will be required to work with the City
Attorne y's Office in its conduct of these services. Payment of fees will require its approval.
Responding firms are encouraged to review this Scope of Services, and to recommend any additions
they might see as appropriate.
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EXHIBIT 1
TO BE INCLUDED IN PROPOSAL
EXHIBIT B
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
PROPOSERS STATEMENT AND QUALIFICATION FEE SCHEDULE
Certification� I certify that I have read, understand and agree to the terms and conditions of this Request
for Qualifications. I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of
work requirements. I am familiar with all of the existing conditions and limitations that may impact work
reque sts. I understand and agree that I am responsible for reporting any errors, omissions or
discrepancies to the City for clarification prior to the submission of my proposal.
LEGAL NAME OF COMPANY PHONE AND FAX NUMBER
BUSINESS ADDRESS
PRINTED NAME OF AUTHORIZED AGENT TITLE
SI GNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
·FEDERAL ID NO. (IF APPLICABLE)CONTRACTOR LICENSE NO. (IF APPLICABLE)
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EXHIBITC
CITY OF SANTA ANA COMMUNITY DEVE LOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL
GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES
Insurance Company _______________ _
This endorsement modifies such insurance as is afforded by the provisions of Policy # ________ _
relating to the following:
1.The City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701; its officers, employees,
agents, volunteers and representatives are named as additional insureds ("additional insureds") with
regard to liability and defense of suits arising from the operations and uses performed by or on behalf of
the named insured.
2.With respect to claims arising out of the operations and uses performed by or on behalf of the named
insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with
any other insurance carried by or for the benefit of the additional insureds.
3.This insurance applies separately to each insured against whom claim is made or suit is brought except
with respect to the company's limits of liability. The inclusion of any person or organization as an insured
shall not affect any right which such person or organization would have as a claimant if not so included.
4.With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in
coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20
Civic Center Plaza M-26, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective
Policy#
Issued to
_______________ , this endorsement form as part of
Name Insured
Countersigned by: _______________ _Authorized Representative
TO BE INCLU DED IN PROPOSAL
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EXHIBIT D
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, AN ALYTICAL AND
ADVISORY SERVICES (RFQ)
List and describe the contracts performed by your firm which demonstrate your ability to provide the services
included in the scope of services. Attach additional pages if required for additional references. The City
reserves the right to contact each of the references listed for additional information regardi ng your firm's
qualifications.
Reference No. 1
Customer Name: Contract Individual:
Address: Phone Number:
Facsimile Number:
Contract Amount: -------'----------Year:
Description of services provided:
Reference No. 2
Customer Name: Contract Individual: ------------
Address: Phone Number: ------------
Fa cs i mi I e Number: ------------
Contract Amount: Year: ------------
Description of services provided:
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Reference No. 3
Customer Name: Contract Individual: -------------
Address: Phone Number:
Facsimile Number:
Contract Amount: Year: ------------�
Description of services provided:
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TO BE INCLUDED IN PROPOSAL
EXHIBIT E
CITY OF SANTA ANA COMMUNITY DEVEL OPMENT AGENCY
REQUEST FOR QUALI FICATIONS FOR AFFORDABLE HOUSING FINAN CIAL, AN ALYTICAL AN D
ADVISORY SERVICES (RFQ)
PROPOSAL & CONTRACT AGREEMENT
PROPOSER'S STATEMENT
Proposer understands and agr ees that this written RFQ (or any part thereof specifically designated and accepted
by the City of Santa Ana (hereinafter "the City'') shall constitute the entire agreement between proposer and the City
only after it has been accepted by the City, endorsed by the Clerk of the Council with his/her signature and official
seal noting here on the action of approval of the Council, signed by the Executive Director or his/her duly authorized
agent, and signed by the City Attorney, denoting his/her approval of the form of this document, and its execution,
and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal
Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish the
City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and
the City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this
proposal shall become the property of the City and shall be considered as payment of damages due to the delay
and other causes suffered by the City because of the failure to enter into an Agreement and/or furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the
undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the
RFQ schedule are solely for the purpose of comparing proposals, and that final compensation under the contract
will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the Specifications, the Certification of Non-Discrimination by Owners, and the Workers'
Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made
specifically as part of this RFQ.
FIRM
SIGNED AND PRINTED NAME
TITLE DATE
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TO BE INCLUDED IN PROPOSAL
EXHIBIT F
CITY OF SANTAANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows:
1.The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin or any other protected class. The Contractor shall take affirmative action
to ensure that applicants are employed, and that employees are treated during employment without, regard
to their race, color, religion, sex, national origin or any other protected class. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2.The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin or any other protected class.
3.Ttie Contractor shall send to each labor union or representative of workers with which he has a collective
. bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the Contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
4.The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
5.The Contractor shall furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6.In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in
whole or in part and the Contractor may be declared ineligible for further Government contracts or federally
assisted construction/services contracts in accordance with procedures authorized in Execution Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided
City of Santa Ana Community Development Agency
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in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor,
or as otherwise provided by law.
7.The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as
the administering agency may direct as means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the
8.Contractor may request that the United States enter into such litigation to protect the interests of the United
States.
9.Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended,
No discrimination shall be made in the employment of persons because of race, religious creed, color national origin,
ancestry, physical handicaps; mental condition, marital status, sex of such persons, or any other protected class,
except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed
for a violation of the Chapter.
FIRM
SIGNED AND PRINTED NAME
TITLE DATE
City of Santa Ana Community Development Agency
Request for Qualifications-Affordable Housing Financial, Analytical and Advisory Services
Page 19
EXHIBIT 1
TO BE INCLUDED IN PROPOSAL
EXHIBIT G
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
To the CITY OF SANTA ANA,
PROPOSAL AND CONTRACT AGREEMENT
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
. Public Contract Code Section 7106)
In accordanc e with Title 23 United States Code Section 112 and Public Contract Code 71 0 6 the PROPOSER
declares that the bid is not made in the interest of, or on behalf of, any undi sclosed person, partnership, company,
association, organization, or corporation; that the bid is genuine and not collusive or sham; that the PROPOSER
has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has
not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in
a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent thereof
to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Non-collusion Affidavit. PROPOSERS are cautioned
that making a false certification may subject the certifier to criminal prosecution.
State of California
County of
Subscribed and sworn to (or affirmed) before me on this ____ day of ---- ,20 _� by
_____________ , proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Notary Public Signature Notary Public Seal
City of Santa Ana Community Development Agency
Request for Qualifications-Af fordable Housing Financial, Analytical and Advisory Services
Page 20
EXHIBIT 1
EXHIBITB
PROPOSAL
EXHIBIT 1
KEYSER MARSTON ASSOCIATES ..
QUALIFICATIONS FOR
AFFORDABLE HOUSING FINANCIAL,
ANALYTICAL AND ADVISORY SERVICES
(RFQ #21-107)
Prepared for:
City of Santa Ana Community Development Agency
Prepared by:
Keyser Marston Associates, Inc.
September 21, 2021
EXHIBIT 1
ADVISORS IN:
Real Estate
Affordable Housing
Economic Development
BERKELEY
A. Jerry Keyser
Timothy C. Kelly
Debbie M. Kern
David Doezema
Los ANGELES
Kathleen H. Head
James A. Rabe
Gregory D. Soo-Hoo
Kevin E, Engstrom
Julie L. Romey
Tim R. Bretz
SAN DIEGO
Paul C. Marra
KEYSER MARSTON ASSOCIATES.
ADVISORS IN PUUUC/PRJYATF. REAL ESTATE DEVHOrMENT
September 21, 2021
Claudia Fernandez-Shaw
Housing Programs Analyst
City of Santa Ana
Community Development Agency (6th Floor)
20 Civic Center Plaza, M-26
Santa Ana, CA 92701
Re: Request for Qualifications for Affordable Housing Financial, Analytical and Advisory
Services (RFQ #21-107)
Dear Ms. Fernandez-Shaw:
Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal to the City of
Santa Ana Community Development Agency (City) request for qualifications (RFQ) to
provide affordable housing financial, analytical and advisory services. Specifical ly, KMA
is proposing to provide financial and analytical assistance with multifamily and single
family housing projects and programs; bond issuance advisory services; and financial
analysis of projects subject to the City's lnclusionary Housing Program.
KMA is a full-service real estate, financial, and economic consulting firm with a
specialization in affordable housing services. KMA brings in-depth expertise in a variety
of financing techniques such as tax-exempt multifamily bonds, Low Income Housing Tax
Cr edits, New Market Tax Credits, United States Department of Housing and Urban
Development (HUD) assistance sources, financing programs offered by the California
Department of Housing and Community Development (HCD), the Federal Home loan
Bank Affordable Housing Program funds (AHP), and the revenue sources that are
availab le to the housing successors to former redevelopment agencies.
500 SOUTH GRAND AVENUE, SUITE 1480 ► LOS ANGELES, CALIFORNIA 90071 ► PHONE 213.622.8095
WWW.KEYSERMARSTON.COM
2109007CL.KMA.TRB
99900.000
EXHIBIT 1
Claudia Fernandez-Shaw, Housing Programs Analyst
City of Santa Ana
September 21, 2021
Page 2
KMA understands that the City wishes to enter into a three-year contract with the
selected firm, with the possibility for three (3) one-year options. If KMA is selected, we
will obtain a City of Santa Ana business license and provide the insurance certification
required by the RFQ.
We declare that the only person, persons, company or parties interested in this
proposal as principals are named herein; that the proposal is made without collusion
with any other person, persons, company or parties submitting a proposal; that it is in
all respects fair and in good faith without collusion or fraud; and, that the signer of this
proposal has full authority to bind the proposer. We have notarized the anti-collusion
requirements included in Exhibit G to this RFQ.
For purposes of the response to the RFQ, the Principal-in-Charge of this engagement,
and the authorized signatory to a le gally binding commitment, the KMA representative
is:
Tim Bretz
Senior Principal
Keyser Marston Associates, Inc.
500 South Grand Avenue, Suite 1480
Los Angeles, California 90071
Telephone: 213.622.8095 / Fax: 213.622.5204
Email: tbretz@keysermarston.com
KMA appreciates the opportunity to assist the City. If you require any additional
information, please do not hesitate to contact me.
Sincerely,
Keyser Marston Associates, Inc.
Tim Bretz
2109007Cl.KMA.TRB
99900.000
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
TABLE OF CONTENTS
I.ORGANIZATI ONAL BACKGROUND ..................................................................................... 2
A.Description of the Firm ....... : .............................................................................................. 2
B.Expe rtise ............................................................................................................................ 2
II.· SCOPE OF SERVICES .................... , ...................................................................................... 3
A.Market and Financial Analysis of Projects with an Affordable Housing Component.. ........ 4
B .. Pro forma and Project Analysis .................................... : ..................................................... 8
C. Compliance Monitoring: General Services and Operating Budgets .................................... 9
D.Compliance Monitoring: Residual Receipts Calculations and Compliance ........................ 9
E.Regulatory Reporting: SB 341 Affordable Housing Reports ............................................... 9
F.As Needed Implementation Services ............................................................................... 10
Ill. PERSONNEL EXPERIENCE ................................................................................................. 11
A.Principal In Charge ........................................................................................................... 11
B.Key Staff ........................................................................................................................... 11
IV.RELEVANT EXPERIENCE ................................................................................................... 12
V.REFERENCES .................................................................................................................... 18
VI.FEE SCHEDULE ................................................................................................................. 19
VII.DISCLOSURES AND DISCLAIMERS .................................................................................... 20
Exhibits
Exhibit B: Proposers Statement and Fee Schedule
Exhibit C: Insurance Requirements
Exhibit D: References and Relevant Work History
Exhibit E: Proposal and Contract Agreement-Proposers Statement
Exhibit F: Certification of Nondiscrimination by Contractor
Exhibit G: Non-Collusion Affidavit
Keyser Marston Associates, Inc. Page I 1
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
I.ORGANIZATIONAL BACKGROUND
A.DESCRIPTION OF THE FIRM
Keyser Marston Associates, Inc. (KMA) is a full-service real estate, financial, affordable housing, public
finance and economic consulting firm that specializes in advisory and evaluation services. The majority
of KMA assignments involve long-standing client relationships with a wide range of government
agencies; and a limited number of private sector clients, throughout California -w.ith a number of
these clients located in Orange County.
KMA is a privately held California corporation that was founded in 1973. KMA now has one of the
largest real estate and affordable housing advisory practices on the West Coast.
KMA presently has 16 professional staff members, three corporate staff members, and three support
staff members. KMA has offices located in Los Angeles, Berkeley, San Rafael and San Diego. The
downtown Los Angeles office would provide services to the City of Santa Ana and the Housing
Authority of the City of Santa Ana (collectively referred to as "City"). The KMA Los Angeles office
includes seven professional staff members.
B.EXPERTISE
For more than 45 years KMA has held the same commitment to clients: to provide creative and
pragmatic solutions to complex issues. The KMA practice areas consist of the following:
Affordable & Market Rate Housing
Real Estate Services/P3/Asset Management
Financial Planning
Public Benefits/Fiscal & Economic Impact
Land Use Strategies/Specific Plans
Infrastructure Finance
The increased complexities of real estate and ground lease transactions demand a strong technical
understanding of real estate, financing markets and a keen understanding of California laws that affect
the disposition of public property. The firm is unique among other real estate consulting firms by
possessing this par ticular combination of skills. The combined knowledge and expertise in these areas
has resulted in KMA's ability to provide services, which not only comply with the current policies and
practices pertaining to local development, but are also based on a fundamental understanding of real
estate markets, valuation and financing.
Keyser Marston Associates, Inc. Page I 2
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
KMA's principals are frequent speakers to industry groups including the California League of Cities, the
American Planning Association, NAHRO, the Urban Land Institute, and other similar organizations.
They have been guest lecturers at several universities and affordable housing instructors at learning
institutes held by organizations such as Caled, the California League of Cities, the San Diego Housing
Federation and jurisdictions such as the Cities of Irvine, Long Beach, Los Angeles and Santa Ana; and
San Bernardino County.
KMA principals have served on policy-advisory committees for the State Legislature and Governor on
issues such as affordable housing, economic development and military base reuse. KMA's principals
also served as special advisors to the California Redevelopment Ass ocia tion (CRA) Board of Directors
and its Affordable Housing Committee.
Some unique characteristics possessed by KMA include:
Experience
KMA has over 45 years of experience assisting clients throughout the West in in real estate market and
evaluation services; negot iation services; structuring public/private transactions; affordable housing
services; and project implementation services.
Cost Effectiveness
KMA is cost effective for our clients given our ability to provide com prehensive services relating to
market and financial feasibility, economic analysis, direct implementation experience and public
finance without the need for additional consultants.
Approach
The philosophy and structure of our firm is to provide our clients with maximum direct contact with
principals. The commitment of principals who are recognized leaders in real estate advisory services
throughout California provides our clients with quality, tailored and direct services.
II. SCOPE Of SERVICES
The scope of services being requested by the City includes a mix of affordable housing transaction
structuring, bond advisory services, technical assistance with the implementation of the Housing
Opportunities Ordinance, and ongoing oversight of affordable housing projects that have received City
assistance.
l<eyser Marston Associates, Inc. Page I 3
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
KMA has a robust practice in evaluating the development economics of individual projects -including
projects with an affordable housing component. From this practice, we understand construction costs,
financing structures and the "affordability and feasibility gaps" associated with developing both market
rate and affordable housing. The following describes aspects of KMA's experience relevant to the
requested scope of services:
A.MARl<ET AND FINANCIAL ANALYSIS OF PROJECTS WITH AN AFFORDABLE HOUSING COMPONENT
Market and Financial Analysis
KMA prepares market and financial analyses that result in identifying an appropriate level of client
investment in a project. We evaluate the impact of burdens and incentives on affordable housing
programs and advise on all aspects of project funding sources, Including the use of available outside
funding and assistance sources. Since 1989, KMA has assisted clients in structuring affordable housing
projects that use multiple funding sources including the following:
1.Low Income Housing Tax Credits (Tax Credits), including both the competitively awarded 9% Tax
Credits and the 4% Tax Credits that are awarded in conjunction with Tax Exempt Multifamily
Bonds allocated by the California Debt Limit Allocation Committee (CDLAC).
2.Low and Moderate Income Housing Asset Funds (Housing Asset funds).
3.Funding sources admi nistered by the California Department of Housing and Community
Development Including:
a.Affordable Housing and Sustainable Communities (AHSC} funds;
b.Multifamily Housing Program (MHP) funds;
c.No Place Like Home (NPLH) funds; and
d.Project Homekey funds.
4.California Housing Financing Agency (CalHFA) funds.
5.United States Department of Housing and Urban Development (HUD} funds including:
a.HOME Program funds;
b.Community Development Block Grant (CDBG) funds;
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EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
c.Neighborhood Stabilization Program (NSP) fun ds; and
d.Section 8 Project-Based Vouchers (PBVs).
6.Federal Home Loan Bank (FHLB} Affordable Housing Program (AHP) funds.
Layering and Leveraging Analyses
KMA prepares market and financial analyses to quantify the appropriate level of client assistance to a
project. We evaluate the impact of burdens and incentives on affordable housing programs and advise
on all _aspects of project structuring, including the use of available outside funding and assistance
sources. KMA has extensive experience preparing HOME layering analyses under the HOME final rule.
Project Planning and Leasing: Disposit'ion Services
KMA disposition services include assisting clients with the preparation of developer solicitation
documentation, analysis of development proposals, developer selection, participation in negotiations,
and assistance with transaction structuring. KMA advises clients regarding financial structuring utilizing
its expertise in the deployment of public revenue sources. KMA also has unp aralleled experience in
the negotiation of ground leases between the public and private sectors.
lnclusionary Housing Programs Creation and Implementation
KMA's inclusionary housing services range from limited tasks such as analyses that support the
imposition of in-lieu fees to the full design of new inclusionary housing programs with all of its
ordinance and implementation provisions. Following is a list of inclusionary housing assignments that
have been undertaken by the Los Angeles KMA office:
City of Alhambra City of Oceanside
City of Beverly Hills City of Pasadena
City of Burbank -City of Pomona
City of Campbell City of Redon do Beach
City of Chino Hills City of San Buenaventura
City of Claremont City of San Dimas
City of Dana Point (Not Adopted) City of San Jose
City of Davis City of Santa Ana
City of Duarte City of Santa Clarita
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EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
City of Glendale City of Santa Cruz
City of Huntington Beach City of Santa Paula
City of Long Beach City of Tustin
City of Los Angeles (Not Adopted) City of West Hollywood
County of Los Angeles City of Whittier
City of Newport Beach
Affordable Housing Trans.action Structuring Services
KMA has the experience necessary to provide the following services to the City:
Keyser Marston Associates, Inc. Page I 6
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
Bond Advisory Services
KMA has the qualifications to provide the following bond advisory services:
[
[
[
[
' � � � '0 /-/: , ' -� � ' "' '�rel!!ari;! reasiHillty !l:malyses td',determine whether It is '1' '.' ,, advisable to proceed with proposed bpiid issues.' , : · '' \ { >y, ' " ' ;c " ' ,� ' ,, �
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�
' < � "' " ' '\ ! ' � ,_ evalullte tHe !lnancial strength of proposed projects and , 'development teams, , . , ·• · : . ' ·, f0 / "' < ' M ' ' > i
Policies and Procedures Manuals
I
I
I
I
I
KMA prepares policies and procedures manuals that are used to implement inclusionary housing
programs, including manuals dedicated to developers, tenants and home buyers. In addition, KMA has
prepared policies and procedures manuals for clients to ensure compliance with HOME Program
regulations and programs funded by the Ne ighborhood Stabilization Program.
Keyser Marston Associates, Inc, Page I 7
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
B.PROFORMA AND PROJECT ANALYSIS
For the purposes of KMA's pro forma analysis services, KMA reviews the proposed scope of
development, conceptual development plans, the developer's pro forma analysis, and any additional
·available information that describes the proposed project. KMA will work with City/Housing Authority
staff to clarify any questions regarding the project and to identify any major financia·I issues with the
proposed development plari.
At the completion of that process, l<MA prepares an initial pro forma analysis to estimate the financial
gap associated with the proposed project. The KMA analysis will include the following components:
1.Development Costs: The accuracy and reasonableness of the developer's cost estimates will be
reviewed and evaluated. The specific cost categories that will be considered are:
a.The estimated construction costs;
b.The amount of the developer fee being requested; and
c.Other financial elements of the development cost proforma as _necessary.
2.KMA will evaluate the sales price or rent structure assumptions applied in the developer's pro
forma especially with regards to any income and affordability restrictions Imposed on the
project.
3.l<MA will review and evaluate the reasonableness of the operating expense estimates provided
by the developer.
4.KMA will review and evaluate the sources and uses of funds proposed to be used during the
construction period and on a permanent basis.
5.KMA will quantify the financial gap associated with the project.
6.KMA Will prepare a cash flow projection that covers the period during which the income and
affordability covenants will be in place.
KMA will prepare a memorandum that describes the assumptions and methodol ogy that were applied
in the financial analysis. Based on the findings of the analysis, KMA will provide conclusions and
recommendations for the City including the warranted financial assistance amount and best practices
for structuring the City's financial assistance.
Keyser Marston Associates, Inc. Page I 8
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
If the City intends to utilize Hou�ing Asset funds as one of the funding sources for the project, SB 341
requires that any expenditure of Housing Asset funds must comply with the requirements set forth in
H&SC Section 34176.1. As part of the KMA proforma and financial gap anal ysis outlined above, KMA
will quantify the minimum number of extremely low units and the maximum number of low income
units that can be assisted in order to comply with the SB 341 expenditure requirements. KMA is also
available to assist the Housing Authority in preparing the annual SB 341 Report.
C.COMPLIANCE MONITORING: GENERAL SERVICES AND OPERATING BUDGETS
Affordable rental housing is typically funded with a variety of layered funding sources. These sources
impose income and affordability restrictions that require clients to monitor compliance of the relevant
affordable standard. KMA's experience includes structuring housing projects funded with multiple
assistance sources and monitoring the completed pr ojects to ensure continuing compliance with the
income and affordability covenants.
In addition, KMA regularly reviews operating budgets, quarterly financial reports and annual audited
financial statements to ensure that projects are operating appropriately. KMA will identify any
operational issues or concerns, and is available to work with the City to address these issues with
project owners.
D.COMPLIANCE MONITORING: RESIDUAL RECEIPTS CALCULATIONS AND COMPLIANCE
KMA has assisted clients in the evaluation of affordable housing operations and ensuring compliance
with residual receipts loan repayment terms. The evaluation typically includes a review of the annual
audited financial statements and operating statements to determine any residual receipts payments
due.
E.REGULATORY REPORTING: SB 341 AFFORDABLE HOUSING REPORTS
For any project that includes Housing Asset Funds, KMA quantifies the allocation of Hou sing Asset
Funds per the expenditure requirements imposed by California Health and Safety Code {H&SC) Section
34176.1. In addition, KMA has prepared a template to be used by Housing Successor staff to prepare
the required annual SB 341 report. KMA also prepares the report for many of our housing successor
agency clients.
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EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
F.As NEEDED IMPLEMENTATION SERVICES
KMA is available to assist the City and Housing Authority with any additional services that are not
specifically identified in this RFP. For your information, KMA regularly provides the following additional
services to our clients:
Density Bonus Analysis
KMA provides evaluation services related to density bonus applications submitted under the auspices
of California Government Code Sections 65915-65918. A representative list of clients that KMA has
assisted includes the cities of Palmdale, Beverly Hills, Culver City, Pasadeha, West Hollywood and Santa
Barbara.
The services that KMA provides include the preparation of financial analyses that are used to evaluate
density bonus applications Including: the required number of affordable units; the requested density
bonus; the value of any requested incentives and concessions; and the impact created by any
requested development standards waivers. KMA also prepares procedures to be applied by a city in
evaluating density bonus applications, which includes a timeline of actions for the app licant, the city,
the outside consultants, the Planning Commission and the City Council.
Homebuyer Loan Programs
KMA has assisted several cities and former redevelopment agencies in creating homebuyer assistance
programs that serve households at a range of income levels. The KMA role in this process has been to
assist in creating the program parameters such as household income qualifications, affordable housing
cost calculations, homebuyer down payment requirements, assistance caps, refinancing limitations,
junior lien prohibitions and resale controls.
KMA has also assisted numerous jurisdictions in preparing policies and proced ures manuals for
homebuyer programs. The attachments in these manuals include homebuyer selection procedures;
homebuyer eligibility applications and instructions; covenants and resale restrictions; transfer
disclosure statements; residency recertification forms; household income limits; affordable housing
cost calculations; and a subordination checklist.
KMA provided technical financial assistance to the City of Huntington Beach in creating a website that
lays out the income and affordable housing cost calculations applicable to the homebuyer programs
offered by the city and former redevelopment agency. The website Information is updated quarterly.
Keyser Marston Associates, Inc. Page J 10
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
Ill. PERSONNEL EXPERIENCE
A.PRINCIPAL IN CHARGE
l<MA has designated Tim Bretz as the Principal in charge of this proposed engagement. Tim will
provide management coordination for the financial analysis services to be provided to the City and/or
Housing Authority. Tim's contact information follows:
Tim Bretz
Senior Principal, KMA Los Angeles
·Telephone: 213.622.8095 Email: tbretz@keysermarston.com
B.l{EY STAFF
l<MA's unique strength is the depth, continuity and availability of our principals who average more
than 20 years of practical experience working with our public and institutional clients. All work
assignments are directly supervised by a principal, and it is the personal involvement of our principals
that contribute to the firm's ongoing success. For each assignment, it is l<MA's policy to assign a
principal with specific expertise in the subject matter to lead the consulting team.
Summaries of these individuals' experience follow:
Tim Bretz, Tim has been with KMA since 2008. During that time he has assisted a
Senior Principal number of public agencies with affordable housing and real estate
assignments. Tim has perfor.med affordable housing feasibility,
analyses; and marketand reuse analyses for residential, mixed-use,
hotel, office and industrial projects. He has also prepared residential
nexus and commercial linkage fee studies to support impact fees to be
used for affordable housing activities.
Kathleen Head, l<athe joined the firm in 1983, and manages the firm's affordable
President housing practice. l<athe's specific areas of expertise are affordable
housing transaction structuring and program creation; community
benefits analyses related to proposed development; and public/private
joint development transactions.
Keyser Marston Associates, Inc. Page 111
EXHIBIT 1
. CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSIN G FINANCIAL, ANALYTICAL & ADVISORY SERVICES
Greg Soo-Hoo,
Senior Principal
Julie Romey
Senior Principal
Courtney Holt,
Senior Associate
Greg is a registered Municipal Advisor Principal with the Municipal
Securities Rulemaking Board (MSRB) and the U.S. Securities and
Exchange Commission (SEC). He has over 35 years of experience in
redevelopment and public finance, including acting as the Fiscal
Consultant to Successor Agency and Redevelopment Agency bond
financings totaling over °$6.2 billion.
Julie is a Senior Principal in the Los Angeles office who has over 20
years of real estate and affordable housing experience. Julie has had a
role in structuring development agreements, affordable housing
strategies, HOME Program policies and procedures manuals, preparing
HOME Layering Analyses, and monitoring affordability restrictions and
loan agreements.
Courtney is a Senior Associate in the Los Angeles office who joined
KMA in 2017 with a background in asset management, economic and
market analysis, and land use planning. Courtney's work at KMA
focuses on affordable housing studies and nexus analyses, market and
demographic studies, HOME Program policies and procedures, and
affordable housing monitoring and compliance review.
. . . .
IV.RELEVANT EXPERIENCE
A sample of similar services that KMA has provided to clients within the last five years is included
below:
County of San Bernardino -Affordable I-lousing Development Projects
Since 2013, KMA has been the County of Sail Bernardino's affordable housing and real estate
consultant. During this period, KMA has assisted the County with affordable housing projects that
include a mix of new construction, acquisition/rehabilitation, and work-out strategies for existing
• projects experiencing operational difficulties. KMA conducts detailed pro forma analyses, advises on
recommended deal terms and structuring, and provides negotiating support to County staff.
KMA analyzes projects that are financed with both 9% and 4% Low Income Housing Tax Credits and
conventional financing. In addition, the County has provided NSPl and NSP 3 funds, tax-exempt bon.ds
·that were secured by property tax increment housing set-aside funds, MHSA funds, and HOME funds.
kMA assists in the negotiations process, quantifies the warranted local assistance to the project, and
prepares the public reports required by California Health and Safety Code Section 33433. KMA also
prepares HOME Underwriting and Subsidy Layering Reviews for projects th�t utilize HOME funds.
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EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
One of these projects is the multi-phase Bloomington multigenerational housing and public library
mixed use project being developed on a County-owned site. Phase I of the project consisted of 72
senior-citizen apartment units, 35 family apartment units, and a 6,600 square foot public library. Phase
1 also included 11 permanent supportive _housing (PSH) units. Phase II consisted of 84 afforda.ble
family apartm ents. Phase Ill •is cuuently under construction and will include 98 affordable units
including 20 PSH units. Phase Ill also.includes the development of a public park adjacent to the Site.
Specifically with regards to Phase Ill, the developer requested financial assistance from the County,
which consisted of the following sources: a capitalized land rent, NSP 3 funds, Tax-Exempt Bond
proceeds, Low and Moderate Income Housing Asset (LMIHAF) funds, and HOME funds. KMA analyzed
multiple pro forma and cash flow scenarios to determine the best financial structure for the project.
KMA also assisted in negotiations with the developer, advised on the ground lease structure, as well as
·provided HOME lay ering analysis services -including identifying the number of required HOME units
and preparing a HOME Subsidy Layering Review. Since the site was purchased with tax-exempt bonds
secured by property tax increment housing set-aside funds, l<MA also prepared a 33433 Report and
reuse analysis for the project. KMA completed financial advisory services for Phase Ill in 2020.Deputy Executive Officer -Community Development & Housing Agency County of San Bernardino Phone: 909c387-4411 Email: dena.fuentes@cdh.sbcounty.gov . 385 N. Arrowhead Ave., 3,tl Floor, San Bernardino, CA 92415-0121 City of Los Angeles -Los Angeles Housing Department (LAHD}
KMA provides ongoing affordable housing consulting services to LAHD on a variety.of affordable
ownership and rental projects. LAHD received numerous properties from the former Community
Redevelopment Agency of the City of Los Angeles, as well as surplus properties from other City
departments. These properties are proposed to be developed with affordable housing projects with a
focus on providing PSH units. KMA's tasks include:
1.Affordability and feasibil.ity gap analyses;
2.Property disposition reports; and
3.Developer selection and negotiation for long term ground leases
Keyser Marston Associates, Inc. Page I 13
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
The projects that KMA analyzes are financed with a variety of funding sources including Tax Credits,
HCD funding sources, and the city's HHH funds, which are designated for PSH units. KMA summarizes
each transaction in a memorandum and p�esents each project to LAH D's Loan Committee for approval.
KMA is currently providing financial advisory services to LAHD.
One of these projects involved four parcels lo.cated at 6901-15 South Main Street and owned by LAHD,
·which were adjacent to a parcel owned by the developer. The disposition structure involved selling the
four LAHD parcels to the developer via a carry-back loan provided by LAHD. The developer is required
to construct a 50-unit affordable apartment project on the combined site. In addition to conveyance of
the site, the developer requested that LAHD issue tax-exempt multifamily bonds and provide HHH
Funds. The developer is also proposing to finance the project with 4% Tax Credits, Affordable Housing
Program (AHP) funds, and funds from the Los Angeles Community Development Authority {LACDA).
KMA analyzed multiple pro forma and cash flo"" scenarios to determine the best site conveyance and
financial assistance structure for LAHD. KMA prepared a Loan Committee Report for the project as
well as worked with LAHD staff to prepare the project's term sheet. KMA atten ded LAH D's Loan
Committee meeting to discuss the project and responded to questions posed by the Loan Committee.
Since the site was purchased with tax-exempt bonds secured by property tax increment housing set
aside funds, KMA also prepared a 33433 Report. KMA completed financial advisory services for this
project in 2017.
Acting Director -Housing Strategies & Services Division
City of Los Angeles Housing Department (LAHD)
Phone: 213-808-8592
Email: magdalina.zakaryan@lacity.org
1200 W. 7th Street, 8th Floor, Los Angeles, CA 90017
City of Anaheim -Affordable Housing Development Projects
Since the late 1970s, KMA has been the former redevelopment agency's real estate advisor.
Commencing in the late 1980s, KMA has represented the former redevelopment agency and Anaheim
Housing Authority in a wide array of affordable housing matters.
KMA provi des on-going real estate and negotiations assistance to Anaheim on a variety of affordable
housing transactions including ownership and rental projects. In some instances, the City ground
leases the City-owned site to an affordable housing developer for the purposes of the project. KMA's
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EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
tasks include financial and feasibility analyses, property disposition and negotiation for long-term
ground leases. The projects are financed with a variety of funding sources including Low Income
Housing Tax Credits, HOME funds, Section 8 Project-Based Vouchers (PBVs) and State of California
funding sources. Recent projects include a motel conversion which will create 70 PSH units as well as a
proposed 100-unit PSH project to be developed adjac entto a shelter facility.
l(MA also assists the City with developer selection services. These services include the assistance in
drafting the RFQ/P, financial assessments of proposed outside leveraging sources and the financial
assistance package being requested, participating in the Interview process and negotiating the
assistance package dollar amount and structure.
In addition, KMA provides policy-related services including compliance monitoring and reporting,
density bonus policy and related analyses, and public presentations on inclusionary housing and impact
fee issues.
One of the projects that KMA has provided financial advisory services for is the.
Manchester/Orangewood development. The former Redevelopment Agency acquired the
Manchester/Orangewood site in 2008. In 2018, the City/Housing Authority issued a request for
proposals to develop the site with affordable housing. KMA participated in the RFP evaluation panel
and advised the City/Housing Authority on the selection of the developer, Jamboree Housing
Corporation. Subsequently, KMA reviewed the developer's pro formas, prepared financial gap
analyses, and assisted the Housing Authority in negotiating the ground lease terms and financial
assistance structure. The project includes 102 apartment units restricted to extremely-low, very-low
and low income households. Twenty (20) units in the project will be restricted as permanent
supportive housing {PSH) units for homeless households. The outside funding sources included 9% Tax
Credits and Orange County Housing Trust funds. The Housing Authority provided a ca pitalized ground
rent payment, HOME funds and Low and Moderate Income Housing Asset fu nds. KMA completed
financial advisory services for this project in 2020. Community Investment Manager� Community & Economic Development City of Anaheim Phone: 714-765-4368 Email: anogal@anaheim.net 201 South Anaheim Blvd, Suite 1003, Anaheim, CA 92805 Keyser Marston Associates, Inc. Page I 15
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
Los Angeles County Development Authority (LACDA}
Since 2015, KMA has been providing on-goingflnancial consulting services to LAC DA. In particular,
KMA has reviewed development proposals from throughout the County that are submitted through
the LACDA's NOFA process. This task includes performing a threshold review of the financial and
economic components of the project as well as a technical review that considers the LACDA's
underwriting guidelines and fundi ng/market conditions to de.termine the feasibility as well as need for
assistance. KMA then presents the proposals to the LACDA NOFA Committee and discusses how to
resolve identified issues.
KMA has also been on various developer selection review panels for LACDA, including the recent
American Legion Site in Downey that is owned by the County and near a transit station. As the number
of projects and funding sources have increased for LACDA, KMA has als·o assisted staff with moving
projects through the underwriting process. KMA is currently assisting LACDA with numerous loan
closings. Director of the Housing Investment & Finance Division Los Angeles County Development Authority Phone: 626-586-1806 · Email: lynn.katano@lacda.or�700 W. Main Street, Alhambra, CA 91801
City of Huntington Beach
Since 1984, KMA has represented the City of Huntington Beach, the former redevelopment agency,
and the Housing Successor Agency. A summary of the affordable housing services provided by KMA
includes:
1.Financial gap analyses in support of the assistance packages provided to affordable rental and
permanent supportive housing projects. Funding sources include 9% Tax Credits, Tax-Exempt
Multifamily Bonds coupled with 4% Tax Credits, NPLH funds, MHSA funds, AHP funds, Orange
County Business Housing Trust Funds, and HUD Section 8 Project Based Rental Assistance
Vouchers (PBVs).
2.Capital planning for the use of affordable housing funds and annual preparation of the Housing
Successor's SB 341 report.
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CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
3.Creation of the monitoring system for.the existing affordable housing projects and ongoing
compliance monitoring for those-p rojects.
4.Loan repayment monitoring for a city loan to the developer of a large scale mixed-use project
with an affordable housing component.
5.Assistance in selling a city-owned affordable housing project to a nonprofit developer.
6.The following activities related to the City's lnclusionary Housing Ordinance:
a.In 2007 KMA assisted the City in memorializing inclusionary housing obligations in the
form of an ordinance;
b.In 2009 KMA prepared financial analyses to estimate the in-lieu fees that could be
supported for three to nine unit projects on a financially feasible basis;
c.In 2011 KMA prepared a policies and procedures manual in support of the inclusionary
housing ordinance;
d.In 2012 KMA prepared financial analyses to estimate the in-lieu fees that could be
supported for three to 30 unit projects on a financially feasible basis;
e.In 2020 KMA prepared an updated financial evaluation to assist the City in updating the
existing lnclusionary Housing Ordinance;
f.On an annual basis, KMA updates the in-lieu fee schedule; and
g.On an ad hoc basis, KMA prepares in-lieu fee determinations fo r proposed residential
developme nts.
Keyser Marston Associates, Inc.
Community Development Director
City of Huntington Beach
·Phone: 714-536-5554
Email: Ursula.luna-reynosa@surfcity-hb.org
2000 Main Street, Huntington Beach, CA 92648
Page I 17
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
V.· REFERENCES
The following are five references corresponding to the KMA experience summarized above: Dep:uty Exec:utive Officer -Comrrrnnity Development & Ho:using Agency Co:unty of San Bernardino Phone: 909-387-4411 Email: dena;f:uentes@cdh.sbco:unty.gov 385 N. Arrowhead Ave.,'J'd Floor, San Bernardino, CA 92415-0121 Acting Director -Housing Strategies & Services Division City of Los Angeles Housing + Corrrrnunity Investment Department Phone: 213-808-8592 Email: magdalina.zakaryan@lacity.org 1200 W. 7th Street, 8th Floor, Los Angeles, CA 90017 Corrrrnunity Investment Manager -Corrrrnunity & Economic Development City of Anaheim Phone: 714-765-4368 Email: anogal@anaheim.net 201 South Anaheim Blvd, Suite 1003, Anaheim, CA 92805 Director of the Housing Investment & Finance Division Los Angeles County Development Authority Phone: 626-586-1806 Email: lynn.katano@lacda.org 700 W. Main Street, Alhambra, CA 91801 Keyser Marston Associates, lnc. Page I 18
EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
VI.FEE SCHEDULE
Community Development Director
City of Huntington Beach
Phone: 714-536-5554
Email: Ursula.luna-reynosa@surfcity-hb.org
2000 Main Street, Huntington Beach, CA 92648
The KMA billing rate schedule for Fiscal Year 2021-2022 is presented in the following table:
Chairman & President
Managing Principals*
ser11or P-rincipaJs•
Principals*
Managers*
Senior Associates
Associates
"·~ Senior Analysts
----v.,---.,,,.._--., Analysts
Technical Staff
'A1:fmfnistrai:ive st'Mt
$280.00
$280.00 ········ · s'2Y,n\o
$250.00
$225.00
$187.50 s16'rso
$150.00
$136.60
$95.00 sso:oo
*Rates for individu als in these categories will be increased by 50% for time spent in court testimony.
Monthly billings for staff time and expenses incurred during the period will be payable within thirty
{30) days of invoice date. Directly related job expenses will be billed at 110% of cost.
Keyser Marston Associates, lnc. Page I 19
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CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
· AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
A.PROPOSED FEE AND Tl MELINE FOR SAMPLE ASSIGNMENTS
Subsidy Layering for an Affordable Multi-Family Project
The technical components of a subsidy layering analysis can be completed at a budget in a range of
· $13,000 within a three to four-week time frame. However, this timeframe is dependent on the
accuracy of the (leveloper's submittal and the timeliness on responses from the developer. This
budget does not include KMA participation in the negotiations or transaction structuring process,
which vary widely based on the transaction's level of complexity.
Financial Advisory Services for a Multi-Family Bond Issuance
Based on the scope of bond advisory services described in Exhibit A of this proposal, KMA estimates·
the fee related to a multi-family bond issue in the range of $20,000. The KMA services would be
provided throughout the negotiations, structuring and financing process for a project.
This can be accomplished in as few as 90 days, but the process is more likely to require six months or
more to complete.
VII.DISCLOSURES AND DISCLAIMERS
City represents, acknowledges and agrees that:
1.KMA is not advising or recommending any action be taken by the City with respect to any
prospective, new or existing municipal financial products or issuance of municipal securities
(including with respect to the structure, timing, terms and other similar matters concerning
such financial products or issues);
2.KMA is not acting as a municipal advisor to City and does not assume any fiduciary duty
hereunder, including, without limitation, a fiduciary duty to City pursuant to Section 15B of the
Exchange Act with respect to the services provided hereunder and any information and
material contained in Consultant's work product; and
3.City shall discuss any such information and material contained in KMA's work product With any
and all internal and/or external advisors and experts, including its own municipal advisors, that
it deems appropriate before acting on the information and material.
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EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
City further represents, acknowledges and agrees that:
1.City uses the services of one or more municipal advisors registered with the SEC to advise it in
connection with municipal financial products and the issuance of municipal securities;
2.City is not looking to KMA to provide, and City shall not otherwise request or require KMA to
provide, any advice or recommendations with respect to municipal finantial products or the·
issuance of municipal securities (including any advice or recommendations with respect to the
structure, timing, terms, and other similar matters concerning such financial products or
issues);
3.City warrants that the provisions of this contract and the services to be provided hereunder are
not intended (and shall not be construed) to constitute or include any municipal advisory
services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as
amended, and the rules and regulations adopted thereunder; and
4.Notwithstanding all of the foregoing, the City recognizes that interpretive guidance regarding
municipal advisory activities is currently quite limited and is likely to evolve and develop during
the term of the contract and, to that end, the City will work with KMA throughout the term of
the contract to ensure that the contract and the services to be provided by KMA hereunder, is
interpreted by the parties, and if necessary amended, in a manner intended to ensure that the
City is not asking KMA to provide, and KMA is not in fact providing or required to provide, any
municipal advisory services.
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EXHIBIT 1
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY -
AFFORDABLE HOUSING FINANCIAL, ANALYTICAL & ADVISORY SERVICES
EXHIBITS
Keyser Marston Associates, Inc. Page I 22
EXHIBIT 1
TO BE INCLUDED IN PROPOSAL
EXHIBITS
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
PROPOSERS STATEMENT AND QUALIFICATION FEE SCHEDULE
Cer tification -I certify that I have read, understand and agree to the terms and conditions of this Request
for Qual ifications. I have examined the Scope of Services (Exhibit A) and I am familiar with the scope of
work requirements. I am familiar with all of the existing conditions and limitations that may impact work
requests. I understand and agree that I am responsible for reporting any errors, omissions or
discrepancies to the City for clarification prior to the submission of my proposal.
Keyser Marston Associates, Inc.
LEGAL NAME OF COMPANY
500 South Grand Ave, Suite 1480, Los Angeles, CA 90071
BUSINESS ADDRESS
Tim Bretz
PRINTED NAME OF AUTHORIZED AGENT
SIGNATURE OF AUTHORIZED AGENT
94-2363741
FEDERAL ID NO. (IF APPLICABLE)
9/20/2021
P: 213-622-8095 / F: 213-622-5201
PHONE AND FAX NUMBER
Senior Principal
TITLE
tbretz@keysermarsto n .com
DATE E-MAIL ADDRESS
CONTRACTOR LICENSE NO. (IF APPLICABLE)
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
Page 13
EXHIBIT 1
EXHIBIT C
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
ADDITI ONAL INSURED ENDORSEMENT FOR COMMERCIAL
GENERAL LIABILITY AND BUSINESS AUTOMOBILE POLICIES
Insurance Company _______________ _
This endorsement modifies such insurance as is afforded by the provisions of Policy# _______ _
relating to the following:
1.The City of Santa Ana, 20 Civic Center Plaza M-26, Santa Ana, California 92701; its officers, employees,
agents, volunteer s and· representatives are named as additional insureds ("additional insureds") with
regard to liability and defense of suits arising from the operations and uses performed by or on behalf of
the named insured.
2.With respect to claims arising out of the operations and uses performed by or on beh alf of the named
insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with
any other insurance carried by or for the benefit of the additional insureds.
3.This insurance applies separately to each insured against whom claim is made or suit is brought except
with respect to the company's limits of lia bility. The inclusion of any person or organization as an insured
shall not affect any right which such person or organization would have as a claimant if not so included.
4.With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in
coverage or limits except after thirty (30) days written noti ce has been given to the City of Santa Ana, 20
Civic Center Plaza M-26, Santa Ana, California 92701.
(Completion of the following, including countersig nature, is required to make this endorsement effective.)
Effective
Policy#
Issued to
_______________ , this endorsement form as part of
Name Insured
Countersign ed by: ---��--,------,-,=-----,---�--Authorized Representative
TO BE INCLUDED IN PROPOSAL
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
Page 14
EXHIBIT 1
EXHIBIT D
CITY OF SANTA ANA COMMU NITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
List and describe the contracts performed by your firm which demonstrate your ability to provide the services
included in the scope of seFVices. Attach additional pages if required for additional references. The City
reserves the right to contact each of the references listed for additional information regarding your firm's
qualifications.
Reference No. 1
Customer Name:
Address:
Contract Amount:
San Bernardino County Contract Individual:
385 N. Arrowhead Ave, 3rd Floor Phone Number:
San Bernardino, CA 92415-0121 Facsimile Number:
$400,000 Year: ���---------
Description of services provided:
Dena Fuentes
909-387-4411
909-387-4415
2021 -2026
KMA provides on-call financial advisory services for a variety of projects. This includes financial gap analyses,
ground lease negotiation assistance, preparation of required documents and HOME Subsidy Layering Reviews.
Reference No. 2
Customer Name:
Address:
Contract Amount:
L os Angeles Housing Department Contract Individual:
1200 W. 7th Street, 81h Floor Phone Number: ------�-----
--=Lo=-cs:..:A...cncc;g2.ceccle=-cs:..c, -=C==-A.:...9::c0=-c0:..:1cc.7____ F acs im ile Number:
$360,000 Year: --"'���--------
Description of services provided:
Magdalina Zakaryan
213-808-8592
N/A
2020 -2021
KMA provides on-call financial advisory services for a variety of projects. This includes financial gap analyses,
ground lease negotiation assistance, preparation of required documents and Loan Committee presentations.
City of Santa Ana Community Development Agency
Request for Qualifications-Affordable Housing Financial, Analytical and Advisory Services
Page 15
EXHIBIT 1
Reference No. 3
Customer Name:
Address:
Contract Amount:
City of Anaheim Contract Individual:
201 S. Anaheim Blvd, Suite 1003 Phone Number:
Anaheim, CA 92805 Facsimile Number: ...:....:===-====------
�$50,000 /ye a r (for 2020 & 2021) Year:
Description of services provided:
Andy Nogal
714-765-4368
714-765-4313
1989 -present
KMA provides on-call financial advisory services for a variety of projects. This includes financial gap analyses,
ground lease negotiation assistance, preparation of required documents and housing policy analyses.
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
Page 16
EXHIBIT 1
TO BE INCLUDED IN PROPOSAL
EXHIBIT E
CITY OF SANTA ANA COM MUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATION S FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
PROPOSAL & CONTRACT AGREEMENT
PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFQ (or any part thereof specifically designated and accepted
by the City of Santa Ana (hereinafter "the City") shall <;onstitute the entire agreement between proposer and the City
only after it has been accept ed by the City, endorsed by the Clerk of the Council with his/her signature and official
seal noting here on the action of approval oftheCouncil, signed by the Executive Director or his/her duly authorized
agent, and signed by the City Attorney, denoting his/her approval of the form of this document, and its execution,
and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal
Service properly addressed to the proposer with the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish the
City all required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and
the City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this
proposal shall· become the property of the City and shall be considered as payment of damages due to the delay
and other causes suffered by the City because of the failure to enter into an Agreement and/or furnish the necessary
bonds and because it is distinctly agreed that the proof of damages actually suffered by the City is difficult to
ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the
undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the
RFQ schedule are solely for the purpose of comparing proposals, and that final compensation under the contract
will be based upon the actual quantities of work satisfactorily completed.
All terms contained in the Specifications, the Certification of Non-Discrimination by Owners, and the Workers'
Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made
specifically as part of this RFQ.
Keyser Marston Associates, Inc.
FIRM
��
Tim Bretz
SIGNED AND PRINTED NAME
Senior Principal
TITLE
City of Santa Ana Community Development Agency
September 20, 2021
DATE
Request for Qua lifications -Affordable Housing Financial, Analytical and Advisory Services
Page 17
EXHIBIT 1
TO BE INCLUDED IN PROPOSAL
EXHIBITF
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QU ALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
. ADVISORY SERVICES (RFQ}
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
The undersigned. Contractor or corporate officer, during the performance of this contract, certifies as follows:
1.The Contractor shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, national origin or any other protected class. The Contractor shall take affirmative action
to ensure that applicants are employed, and that employees are treated during employment without, regard
to their race, color, religion, sex, national origin or any other protected class. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination
clause.
2.The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of .the
Contractor, state that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin or any other protected class.
3.The Contractor shall send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor
union or workers' representatives of the Contractor's commitments under this section, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
4.The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
5.The Contractor shall furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation, to ascertain compliance with such rules, regulations, and orders.
6.In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in
whole or in part and the Contractor may be declared ineligible for further Government contracts or federally
assisted construction/services contracts in accordance with procedures authorized in Execution Order
1 1246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
Page 18
EXHIBIT 1
in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor,
or as otherwise provided by law.
7.The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted. by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Sec tion 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as
the administering agency may direct as means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or vendor as a result of such dire ction by the administering agency, the·
8.Contractor may request that the United States enter into such litigation to protect the interests of the United
States.
9.Pursuant to California Labor Gode Section 1735, as added by Chapter 643 Stats .. 1039, ahd as amended, ·
No discrimination shall be mac;le in the employment of persons because of race, religious creed, color national origin,
ancestry, physical handicaps, mental condition, marital status, sex of such persons, or any other protected class,
except as provided in Section 1420, and any Contractor violating this Section is subject to all the penalties imposed
for a violation of the Chapter.
Keyser Marston Associates, Inc.
FIRM
��-
SIGNED AND PRINTED NAME
Senior Principal
TITLE
Tim Bretz
City of Santa Ana Community Development Agency
September 20, 2021
DATE
Request for Qualifications-Affordable Housing Financial, Analytical and Advisory Services
Page 19
EXHIBIT 1
TO BE INCLUDED IN PROPOSAL
EXHIBITG
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR QUALIFICATIONS FOR AFFORDABLE HOUSING FINANCIAL, ANALYTICAL AND
ADVISORY SERVICES (RFQ)
PROPOSAL AND CONTRACT AGREEMENT
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA,
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the PROPOSER
declares that the bid is not made in the interestof, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; that the bid Is genuine and not collusive or sham; that the PROPOSER
has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham bid, and has
not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone else to put in
a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the
PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other PROPOSER, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
PROPOSER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the
contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any
corporation, partnership, company association, organization, bid depository, or to any member or agent thereof
to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Non-collusion Affidavit. PROPOSERS are cautioned
that making a false certification may subject the certifier to criminal prosecution.
State of California County of ?of !JiflUf I
Subscribed and sworn to (or affirmed) before me on this __j_L_ day of J.[f/_{llf{IZ, , 20 ...zj__, by
Ttflb1/f1 1:'(mJ_ll,EfZ, , proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me. l "' * "" e • !EZ.N;RA �o�z • e f
.i; Notary Public • Callforni:
-J Los Angeles County f, Commission II 2245098 MyComm. Expires Jun 14, 2022
Notary Public Seal
City of Santa Ana Community Development Agency
Request for Qualifications -Affordable Housing Financial, Analytical and Advisory Services
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