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HomeMy WebLinkAboutR-01-0152J-01-111 2/14/01 RESOLUTION NO. 0 l— 152 A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR-FIFTHS (4/5Txs) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, WAIVING COMPETITIVE BIDDING PROCEDURES, AND AUTHORIZING THE PURCHASE OF MORTGAGE LOAN SERVICING SOFTWARE FROM APPLIED BUSINESS SOFTWARE, INC., TO ASSIST THE DEPARTMENT OF COMMUNITY DEVELOPMENT IN ITS EFFORTS TO ADEQUATELY ADDRESS AND CORRECT WEAKNESSES AND DEFICIENCIES CITED IN THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DISTRICT OFFICE OF THE INSPECTOR GENERAL AUDIT PERTAINING TO THE CITY'S HOUSING AND COMMERCIAL LOAN PORTFOLIO AND COLLECTION PROCEDURES, WITH FUNDS ALLOCATED FROM STATE HOUSING INITIATIVE PROGRAM ("SHIP") FUNDS IN THE AMOUNT OF $17,490; FURTHER, BY A FOUR-FIFTHS (4/5 THS ) AFFIRMATIVE VOTE, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING THAT IT IS NOT ADVANTAGEOUS OR PRACTICABLE TO OBTAIN COMPETITIVE BIDS FOR THE ACQUISITION OF ADDITIONAL COMPUTER SOFTWARE TO MEET THE CITY'S GROWING NEEDS AND TO UPGRADE ITS EXISTING LOAN COLLECTION SYSTEM, WAIVING COMPETITIVE BIDDING PROCEDURES, AND AUTHORIZING THE PURCHASE OF SAME WITH FUNDS TO BE ALLOCATED FROM SHIP FUNDS, IN AMOUNT NOT TO EXCEED $10,495. WHEREAS, the U.S. Department of Housing and Urban Development District Office of the Inspector General CITY CO NErnN,Cti FEB 1 5 2001 01- 152 ("HUD OIG"), in its Audit Report dated March 26, 1998, cited several problems and deficiencies in the City's loan underwriting and collections procedures with respect to the various federal housing programs administered by the City; and WHEREAS, in response to findings of the HUD OIG Audit Report, the Department of Community Development proposed a Corrective Action Plan that established procedures to address programmatic and automation weaknesses in the City's loan underwriting and collection procedures; and WHEREAS, over the past year, the Department of Community Development has hired an experienced, qualified staff to manage the City's existing housing loan portfolio; and WHEREAS, with the implementation of the State Housing Initiative Program ("SHIP") funded Single Family Rehabilitation and Homebuyer's Financing Programs, the Department of Community Development has substantially increased the number of loans to be serviced; and WHEREAS, the Department of Community Development has also assumed the servicing of the loan portfolio of Miami Capital Development Corporation; and WHEREAS, the increase in the volume of loans created a critical need to purchase and acquire adequate software to meet the demands of the increased loan servicing activities; and Page 2 of 5 O1- 152 WHEREAS, the Department of Community Development solicited informal proposals from three (3) companies for loan servicing software for the City's housing and commercial loan portfolio, and WHEREAS, the bid proposal submitted by Applied Business Software, Inc. represents the lowest responsive bid proposal received by the City for loan servicing software at a cost not to exceed $17,490; and WHEREAS, the City Manager authorized the Department of Community Development to purchase the loan servicing software from Applied Business Software, Inc.; and WHEREAS, it is also necessary that the Department of Community Development upgrade its loan collection system to meet the growing demand at a cost not to exceed $10,495; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Page 3 of 5 01- 152 Section 2. By a four-fifths (4/5th,) affirmative vote of the members of the City Commission, the City Manager's finding of an emergency, waiving competitive bidding procedures, and authorizing the purchase of mortgage loan servicing software from Applied Business Software, Inc., to assist the Department of Community Development in its efforts to adequately address and correct weaknesses and deficiencies cited in the HUD OIG Audit Report pertaining to the City's housing and commercial loan portfolio and collection procedures, with funds allocated in the amount of $17,490 from SHIP funds, is ratified, approved and confirmed. Section 3. By a four-fifths (4/5th,) affirmative vote of the members of the City Commission, the City Manager's finding that it is not advantageous or practicable to obtain competitive bids for the acquisition of additional computer software to meet the City's growing needs and to upgrade its existing loan collection system is ratified, approved and confirmed, competitive bidding procedures are waived, and the purchase of the additional software is authorized, with funds allocated, in amount not to exceed $10,495, from SHIP funds. Page 4 of 5 01- 152 Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.-'/ PASSED AND ADOPTED this 15th day of February 1 2001. JOE CAROLLO, MAYOR In accordance with Miami Ccds, Sec. 2-S,57, c'!nce the Wyor did not hnrYvate epproval of this Izds!n;on by it in I,— ol . Ad becGmss,o,NF,3CUve wi'i`,­1, ,e, regarding saime, witho�;l ti-ia c-;:Lr63;ng a ATTEST: Walter J. Foeman, City Clark WALTER J. FOEMAN CITY CLERK I APPROVE4-,<S./�"FORU*F&D CORRECTNESS:� KL&Q;X= VILARELLO CIZS ATTORNEY W5052:BSS If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 5 of 5 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM: e City Manager RECOMMENDATION: 5 DATE: FILE: JAN 0 2001 SUBJECT: Ratification and Approval Confirming Emergency Purchase of Loan Servicing Software REFERENCES: Special City Commission Meeting ENCLOSURES: February 15, 2001 It is respectfully recommended that the City Commission adopt the attached resolution, by a 4/5's affirmative vote, ratifying, approving and confirming the City Manager's finding that it was advantageous and practicable for the City Manager to authorize the expenditure of $17,490 in SHIP Program funds for the purchase of mortgage loan servicing software from Applied Business Software, Inc. to address certain weakness in the City's loan collection system regarding the housing and commercial loan portfolio. The attached resolution further authorizes the City Manager to allocate an additional $10,495 in SHIP funds for the purchase and acquisition of additional computer software to upgrade and meet the City's growing needs to improve its loan collection system. BACKGROUND: In March 1998, the U.S. Department of Housing and Urban Development District Office of the Inspector General, in its audit report dated March 26, 1998, cited several problems and deficiencies in the City's loan underwriting and collections procedures with respect to the various housing programs administered by the City. In response to this finding, in June 1998, the City Commission adopted Resolution No. 98-588, which established the City's Housing Loan Collection Procedures and Policies. The plan delineated the roles and responsibilities of the Department of Community Development and Law in carrying out the City's overall loan collection process, to include aggressively pursuing all delinquent debtors through legal actions to safeguard the City's assets. In addition, as part of the City's corrective action plan and reorganization of the Department of Community Development, an in-house Finance Unit has been created to carry -out the day-to-day responsibility of collections and oversight of the housing loan portfolio. Over the past year, the Department has hired experienced, qualified staff to manage the loan portfolio. During the past year, the Department of Community Development has also experienced a dramatic increase in the number of residents participating in the City's SHIP funded Single Family Rehabilitation and Homebuyer's Financing Programs, in addition to assuming the loan portfolio of Miami Capital Development Corporation. This significant increase in the volume of 01- 152 The Honorable Mayor and Members of the City Commission Page 2 loans has created a critical need to acquire adequate computer software to meet the demands of the increased loan servicing now required. In an effort to address the aforementioned servicing demands, the Department of Community Development solicited informal bid proposals from three (3) companies for the acquisition of loan servicing software of the City's housing and commercial loan portfolio. Based on the Department's solicitation, proposals were received submitted by the following firms: o Applied Business Software, Inc. $17,490 o LSSI's Loan Base Servicers for $22,500 Windows o Nortridge Software NLS $22,500 It is recommended that the City Commission adopt the proposed resolution that, by a 4/5's affirmative vote, ratifies, approves and confirms the City Manager's action in purchasing loan servicing software from Applied Business Software, Inc. in the amount of $17,490 to address the Department of Community Development's needs in servicing the housing and commercial loan portfolio. The proposed legislation further authorizes the City Manager to allocate $17,490 in State Housing Initiatives Partnership (SHIP) Program funds to cover the abovernentioned expenditure, .a addition to allocating an additional $10,495 in SHIP funds to upgrade the current system to meet the City's growing needs to improve the its loan collection system. G W/JBH JAN' -25-99 MON 1 3 39 J-98-566 05/15/98 RESOLUTION NO.9 8 "- 5 8 8 A RESOLUTION, WITH ATTACHMENT, APPROVING THE CITY OF MIAMI'S HOUSING LOAN COLLECTION PROCEDURES AND POLICIES IN CONNECTION WITH THE CITY'S HOUSING LOAN PORTFOLIO CONSISTING OF LOW- INTEREST LOANS WHICH HAVE' BEEN PROVIDED THROUGH THE CITY'S CDBG-FUNDED SINGLE-FAMILY AND MULTI -FAMILY REHABILITATION LOAN PROGRAMS, RENTAL REHABILITATION GRANT PROGRAM, HOME INVESTMENT PARTNERSHIP PROGRAM AND STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO COORDINATE A LOAN COLLECTION PROCEDURE WITH THE DEPARTMENT OF COMMUNITY DEVELOPMENT WHICH WILL INCLUDE SENDING CERTIFIED LETTERS TO ALL DELINQUENT DEBTORS AND TO AGGRESSIVELY PURSUE ALL LEGAL ACTIONS AND OPTIONS AGAINST ALL LOAN ACCOUNTS WHICH ARE IN DEFAULT IN EXCESS OF 120 DAYS; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PROVIDE THE CITY COMMISSION WITH QUARTERLY STATUS REPORTS OF ALL DEPARTMENT OF COMMUNITY DEVELOPMENT DELINQUENT LOANS REFERRED TO THE CITY ATTORNEY'S OFFICE. P . 0:2 V WHEREAS, in its Audit Report dated March 26, 1998, the U.S. Department of Housing and Urban Development's District Office of the Inspector General ("OIG"), cited several problems and concerns relative to the City's housing loan portfolio; and ATTACHMENT (S) CONTAINED cm coaDQswom >MElI C or JUN 0 9 1998 xmmabW= Na s.PCK-25-99 MON 1 3 39 P _ 0S WHEREAS, in an effort to address the 016's concerns with respect to the collection practice regarding the defaulted loans in the City's loan portfolio, it is necessary that the City establish a loan collection procedure; and WHEREAS, it is recommended by the Economic Development and Transportation Committee that the City Attorney's Office coordinate a collection procedure with the Department of Community Development which will include sending certified letters to all delinquent debtors; and WHEREAS, it is further recommended that the City aggressively pursue all delinquent debtors which are in default in excess of 120 days, through legal actions to safeguard the City's i assets, by initiating foreclosure actions, enforcing the assignment of rents, pursuing pergonal guarantees, and through the engagement of private debt collection agencies; and WHEREAS, it is recommended by the Economic Development and Transportation Committee that the City Attorney provide the City Commission with quarterly reports of all Department of Community Development delinquent loans referred to the City Attorney's Office; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby adopts the attached Housing Loan Collection Procedures and Policies, which delineates the roles and responsibilities of the Department of Community Development and the City Attorney's Office, in carrying out the loan collection procedure with respect to the City's housing loan portfolio. O1- 152 2. -TAN -:25-49S M ON 1 3:-40 P- 04 i Section 3. The City Attorney is hereby authorized and directed to coordinate the collection procedure with the Department of Community Development, which will include sending certified letters to all delinquent debtors. Section 4. The City Attorney is further authorized and directed to provide the City Commission with quarterly status reports of all Department of Community Development delinquent loans referred to the City Attorney's Office_ Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this9th day of June 1998. JOE CAROLLp_�,t,�Y�R IN wkh Miami Code Sec. 2-38, since the Mayo r did not tn6%9 approval of � regisiatlon by signing It to the deTsignated place nirhe date, of said 184Commss�t n ATTEST: becomes effective , �n with the elapse oft� ( ) regarding same, wi l+tt out the Mayor xer ' irlILL / Waft r Leman, City Clerk WALTER J. FOEMAN, CITY CLERK CITY CLERK'S OFFICE DEp,ARTMENT OF COMMUNITY DEVELOPMENT RE ; W AND APPROVAL: 6WENDCJLyN C. WARREN, DIRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT 01- 152 3 JAN -2Z5.-9119 M O N 1 3= 4 1 PREPARED AND APPROVED BY: W Lr LIND Y SON ASSISTANT CITY ATTORNEY ��FORM AND TTORNEY 0,.- 152 JAN -25-99 MON 1:3 :.4 1 P_ 06 MI CITY OF MIA G1 INCOIIP ORATE � to ae ,4� .- �� . - •-� Department of Community I* DevelopmentlHousing Division Housing Loans Collection Procedures and Policies 01_, 152 J A N - 2 5- 9 9 M O N 1 3= 4 1 P_ 0 7 DEPARTMENT OF CO1Vi AUNITY DEVELOPMENT/HOUSING DMSION HOUSING LOANS COLLECTION PROCEDURES AND POLICIES In response to the shortcomings and deficiencies which were identified .by the District Inspector General for Audit in the audit report, dated March 26, 1998, the Department of Community Development will be charged with the sole responsibility of performing the collection activities associated with the management of various housing loans which have been provided through the CDBG-funded Single -Family and Multi -Family Rehabilitation Loan programs, HOME Program, State Housing Initiatives Partnership Program (SHIP) and any other housing programs which are ad*Wstered by the Department. As part of the City's Corrective Action Plan and the Departmental Reorganization Plan, an in-house Finance Unit will be charged with the day-to-day responsibility of collections and oversight of the City's housing loan portfolio. This course of action will eliminate the lack of communications and misunderstandings which may have occurred in the past, relative to the roles of other City departments, namely, the Finance aid Law departments. 7bo Department of Community Development, through its Finance Unit will be responsible for receiving all loan payments submitted by the borrowers and the initial booking of the payments received from each borrower. 'Through the implementation of a mortgage tracking system, the Finance Unit will be able to determine whether a borrower is current, 30 days, 60 days and 126. days past due on his/her loan. Appropriate late notices will be forwarded to the borrower, along with follow-up telephone calls to the borrower(s) to bring the loan current and/or to establish the problem area associated with the delinquent account. After a loan is in default for ninety (90) days, the Department of Community Development will be ;responsible for notifying the City Attorney's Office to send certified delinquency letters to all borrowers who are delinquent on their loan account. If the bo.—rower contacts the Department of Community Development and/or the City Attorney's Office, and is desirous of correcting the deiinquency, no further legal action will be pursued by the City. After a loan is in default for 120 days, the Department of Community Development in conjunction with the City Attorney's Office will continue through appropriate written correspondences and telephone calls, attempt to notify the borrower(s) to bring his/her delinquent loan account current or enter into a stipulation of settlement agreement with the City Attorney's Office. If there is no response from the borrower(s), the Department of Community Development will be responsible for referring the matter to the City's Attorney's Office for foreclosure action. Any multi -family loan(s) that is delinquent in excess of 120 days, and the borrower(s) has =re4ndcdo the appropriate notices forwarded by the Department of Community Development r City:Aitiorney's Office and requires a restructuring of the loan or stipulation of settlement 01- 452 M O N 1 3 4 2 P_ 01B agreement, will require that the Department of Community Development submit said request to the: City's Housing Loan Committee for approval/disapproval. Such action will also require approval from the Miami City Commission and U.S. HUD. Once approval has been received from the City Commission and U.S. HUD, all loan restructuring plans must also receive final approval from the State Oversight Review Board. The Department of Community Development will be responsible for performing the appropriate Zect analysis to determine whether foreclosure is the proper remedy. This project analysis will take certain factors into consideration which include: 1. The assessed value of the property. 2. The amount of superior lien holders (i.e., mortgages, tax certificates). I The condition of the property and liability associated with same. 4. The cost of maintaining the property. 5. The marketability of the property. b. The loss in tax revenue once the property becomes exempt. Should the Department of Community Development decide that foreclosure is econo'rMieally feasible, a Foreclosure Referral will be executed and forwarded to the Office of Asset Management and the City Manager's Office for approval/disapproval. Once approval has been lectured from the City Manager's Office, the completed foreclosure referral form will be forwarded to the City Attorney's Office for legal action against the borrower(s). In the event that the Department of Community Development makes a determination that it is not eeonomi.41 feasible to foreclose and take title to the property, the Department of Community Development . will refer the case to the City Attorney's Office for other legal remedies which may include a suit on :the promissory note and/or personal guarantees. In addition, in those instances whereby the. City has utilized every available legal remedy to address a defaulted loan account, the City plans to utilize the services of a private debt collection agency to pursue all funds which remain outstanding. The Department of Community Development will be responsible for working with the City Attorney's Office in tracking the status of the foreclosure case from the filing of the complaint, suo maty judgment, foreclosure sale, temporary management of the property(ies) by a private management fm, and disposition to a new property owner. A new position, Default/Loan Workout Specialist will be assigned the responsibilities of monitoring default loans, make recommendations with regard to payment stipulations and loan workout agreements. In addition to the foreclosure actions, the City Attorney's Office will be charged with pursuing all legal remedies to cure loan defaults, to safeguard the City's assets and to recover losses by the City. These remedies shall include collecting rents through the assignment of rent agreements, and pursuing personal guarantees to recover losses. Moreover, through the utilization of the City's newly established Housing Loan Recovery Fund, the City will make every attempt to satisfy any superior lien holders which may be ahead of the City's loan, in order to safeguard the City's asset when possible. 01- 12 JAN^ -25799 MON 1.�S : 43 The City Attorney's Office. will be responsible for the preparation of a quarterly status report on the status of all legal actions against all borrower(s) for dissemination to the appropriate Department, in addition to providing a quarterly status report to the City Commission regarding the status of each foreclosure case. cshwed-miscwh;�,hI%V*I Ides 01- 152 ��......�... • . vr.• r.r.Vr owes -all aJJV G.7 q,o0 The Miami City Commission will hold I Inecial Meeting to discuss issues relating to Community Developm -he Special Meeting will be held: 1 Jay, February 15. 2001 at 9:30 A.M. i.rry of Miami Commission Chamber 3500 Pan American Drive Miami, Florida 33133 The Agenda for the Special Meeting is as follows: 1. Nsanssssion and proposed resohaon on Planning CaWft tar 27th Year CDBG and other HUD program activities. 2. Discussion and proposed resolution to revise the Citizen Participation Plan 3. Discussion and proposed resolution to rollover the accounts of uncompleted prior year projects to the current Fiscal Year (F r'2000-2001), in the amounts of $5.096.116.93 of Community Development Black Grant (CDBG) hinds, $6,660,847.09 of HOME Investment Partnership (HOME) hinds and $1.808,273.22 of Housing Opportunities ler Persons With AIDS 04OPWAI tunds. 4. Discussion and proposed resolution to allocate the balance of closeout hubs from completed prior years projects and line of credit balances from the CD8G Pegram and Emergency Shelter Gram (ESG) Program and also to a#=te available program income as specified below: A ad Amount of CDBG Allocation CDBG Line of Credit Balance S 239.729.95 Closeout hue's from prior year completed activities 895,276.55 Program Income 2.200,000.40 Total Available for Allocation 4335,00650 Pubic Services DeHostos Senior Center $ 15.000.00 Public Services Contingency Fund 32.000.00 Economic fit: Coconut Grove Local Development Corporation 100.000.00 (contingent on repayment of debt owed to City) Small Business Opportunity Center 10,000.00 Word of Life CDC Public 38,000.00 tmoraenhems: Domino Park EVaosim and Improvements Sponsored Projects: 40.000.00 City Capital Improvement Projects 1,200.005.50 Citywide Demdi= 500.000.00 Citywide Lot Clearing 100,000.00 Model City Homeownership Lot Deering and Maintenance Project 1.300.000.00 Total Recommended ended CDBG Allocation $ 3,3:6,005.50 C. Sorrce and Amount of ESG Albeatm ESG Line of Credit Balance $ 192,914.65 Closeout hinds from completed prior year activities 18.088.39 Tobi Availl" for Attorabon S 211,003.04 D. Recommended ESG Project and AYontlon - Catholic Charities of the Archdiocese of Miami $ 211.003.04 (Hew Life Family Shelter Plane, Toussaint Lick Haiti Homeless Project and tittle Havana Emergency Services Total ESG Allocation $211,003.04 The proposed resolution also transfers $25.000 of previously approved CDBG funds from the Edison Little River Job Creation Project to the City of Miami Planning Department to coordinate economic development activities in the little Had area 5. Discussion and proposed resolution ratifying City Manager's action in purchasing loan servicing software to manage the Department's loan portfolio and approving $10.495 in additional funding for ban servicing sollware 6. Discussion and proposed resolution allocating 53,000.000 of HOME funds for the Single Family Rehabilitation and Nomebuyer's Financing Programs 7. Discussion and proposed resolution deoWigating previously approved SHIP awards to little Hail Housing Association and Hedtat for Humanity of Greater Miami and replacing sad deobligated fiords with HOME DOaars B. Discussion on the HOME RFP process for the construction of affordable housing 9. Discussion and proposed resolution regarding the resbhmcmrng of the HOPWA Program and the allocation of $2.700,000 to Department of Community Development to operate the program and 5358,000 to Douglas Gardens Community Heats Center to maintain its program in Miami Reade 10. Discussion an the Model City Homeownership Zone and the following proposed legislation • Resolution i - Approving. n Pith le, the crention and estao resit of the Model City Nomeownerft Zone Tent • Resolution 2 -Allocating S3.000.000 in HOME Program heeding to the Model City Homeownership Zone • Authorizing the City Macager to move farad with predlevelopmentlProject related activities 11. Discussion and proposed resolution approving architectural services necessary to implement tre Model City Nomememe rshp Zone Project 12. Discussion and proposed resolution rallying the City Manager's action in acp xwq properties from th Miami -Dade Canty Lbt of lands for development through the Model City Homeownership zone Project 13. Discussion and proposed resokRim ralifyjng the action of the City Manager in acquiring the Miami Limited I Housing Project in conjunction with foe Model City Homeownership Zone Project 14. Discussion and proposed resolution to allocate $2.521,668 of HOME hinds and $1,612.696 of ON funds. avalable as a =4 of the repayment for disallowed costs identified in the Audit Report issued by the Office of the Ispector General, to the Model City Homeownership Zone Project 15. Discussion and proposed resolution regarding the establistment of One Stop Centers in the Coconut Grove and Lute Havana neighborhoods and the relocation of the management functions of the Department of Community Development Upon final approval by the City Coin issi r the previously approved City of Miami 2000-2001 Annual Action Plan will be revised acco dngy following a fifteen day Pub6C comment Period. Comments shhould be submitted n writi g lo: CRY of Miami Department of Community Development Sword Floor 444 S.W. 2nd Avemm Miami, Flomida 33130 Interested 'individuals are encouraged to attend this Special Meeting. The meeting site is accessible to that handicapped. 01- 152