HomeMy WebLinkAbout1990-454
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RESOLUTION NUMBER 9f; ~~~
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO
AGREEMENT WITH JOHN R. TRAUTH RELATING TO HOUSING CONSULTANT
SERVICES FOR THE CITY OF SAN BERNARDINO
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
section 1.
The Mayor of the City of San Bernardino is hereby authorized
and directed to execute on behalf of the City a first Amendment
9 to agreement with John R. Trauth relating to housing consultant
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services for the City of San Bernardino, a copy of which is at-
tached hereto marked Exhibit "A" and incorporated herein by re-
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ference as fully as though set forth at length.
Section 2.
The authorizations to execute the above referenced amendment
15 is rescinded
16 within sixty
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10-31-90
if the parties to the agreement fail to execute same
(60) days of the passage of this resolution.
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RESOLUTION AYTHORIZING FIRST AMENDMENT TO AGRE~MijNT WITH JOHN R.
TRAUTH FOR HOUSING CONSULTANT SERVICES .
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common council of the city of San
Bernardino at a ~Llv'l( /.;,.' meeting thereof, held on the /;/1\.:
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day of / It: 71-{ /H , , 1990 by the following vote, to wit:
COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
/
ESTRADA ~
REILLY //
---.L..-
FLORES , .
MAUDSLEY /'
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/ .
MINOR ,
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POPE-LUDLAM l'
MILLER /'
--..L.-
~~
, 1990.
resolution is hereby approved this ,/
The foregoing
it Jet /,~ /u /-~:
City
20 Approved as to form
and legal content:
21
JAMES F. PENMAN,
22 c~ty ^O::1~
23 B/~
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FIRST AMENI:MENl' ro llGREEMENl' WITH JOHN R. TlUWTH
FOR CX>NStlI.'mNl' SERVICES (H:lUSIm)
'!HIS FIRST AMENCMENT to agreeIOOl1t is entered into by and between the CITY
OF SAN BERNARDINO, a Illl1l1i.cipal cxJl:poration, referred to as "CITY", and JOHN R.
TRAIl'IH, an in:lividual, referred to as "CXlNSUIIrANI''', and amerrls that agreement
between the parties approved by Resolution Number 89-446 of the City of San
Bernardino, in the following respects only:
Section 1.
(a) 'Ihe term of the agreeIOOl1t, as specified in Section 7 thereof, is ex-
terrled through October 31, 1991, with the limitation on compensation contained
therein in Section 5 to remain intact and unchan:}ed.
(b) In all other aspects, the agreeIOOl1t between the parties shall con-
tinue in full force and effect.
IN WI'rnESS WHEREOF, the parties hereto have executed this First Amendment
to agreeIOOl1t on the .l7,Lday of '1'1cWI'/(../~~, 1990.
A'l'l'EST:
~~ Q{c~4-~
City ClerK:
20 Approved as to form and
legal content:
21 JAMES F. PENMAN,
22 City Attorney
By> ~fVnv~/~
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CX>NStlI.'mNl'
-;;~~ -r;:~J1 J
JOHN R. TRAI.l'IH
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EXHIBIT "A"
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A~BE..!U1E.HT
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THIS AGREEMENT IS entered into by and between the City of San
Bernardino, referred to as "City" and John R. Trauth, an indivi-
dual, referred to as "Consultant".
The parties mutually agree as follows:
1. Recitals.
(a) The city's continued receipt of Community Develop-
ment Block Grant funds is contingent upon the timely achievement
of annual goals of housing for lower income residents.
(b) The City desires to develop and implement addi-
tional strategies to meet these housing goals.
(c) The Consultant is engaged in the profession of
housing development planning and possesses the skills necessary
to prepare comprehensive housing plans and strategies with res-
pect to financing, planning, and developing housing for lower
income persons.
(d) The City desires to retain the services of the Con-
sultant to render certain technical and professional services for
the City's housing and community development programs as herein-
after set forth.
2. Scope of Services. The Consultant shall perform the
following tasks:
(a) Assist Community Development Department in updating
the City's Housing Assistance Plan and Housing section of the
Annual Performance Report for each annual Community Development
Block Grant application during the term of this agreement in
accordance with application deadlines. This is to include at-
tending any necessary meetings, as well as making any provisions
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for amendments required by the Department of Housing and Urban
Development.
(b) At the direction of the Director of Community
Development, or designee, assist Community Development Department
staff in developing and submitting grant applications to the
United states Department of Housing and Urban Development for the
Rental Rehabilitation Program, and the implementation of said
program.
(c) Assist Community Development Department staff in
the preparation of the annual "Housing Policies Report" in con-
nection with the receipt and issuance of single-family and multi
family mortgage revenue bonds by City for housing developments
within the corporate boundaries of the City.
(d) At the direction of the Director of Community
Development, assist Community Development staff in developing a
housing program and appropriate guidelines for a revolving loan
fund utilizing twenty-percent (20%) set aside funds from Re-
development project area tax increment. Develop the lending
criteria and loan documents for the revolving loan fund for
review by the City.
(e) Assist Community Development Department and Plan-
ning Department staff in the preparation of the city's Housing
Element and periodic updates of said Element.
(f) Work with Community Development Department staff in
continuing to implement the infill housing program, working with
Community Development Department staff and local developers to
ensure that the implementation of the program proceeds expedi-
tiously.
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(g) Keep the City informed of new housing programs and
sources of funding for housing assistance.
(h) At the direction of the city, prepare applications
for housing programs and funds deemed desirable and appropriate
for City.
(i) Assist the City in attracting developers.
(j) Assist developers in using state and Federal hous-
ing assistance programs, providing applicable forms and asso-
ciated materials; recommending program mix for specific sites and
sponsors; provide referrals of developers to appropriate agencies
and persons; and provide support in dealing with funding agen-
cies. This proposed assistance does not include writing, fund-
ing, or financing environmental reviews for developers.
(k) Provide general technical assistance on the subject
of low and moderate income housing, keeping the City abreast of
changes in fair market rents, changes in state and Federal
priorities, need for zoning modifications, land banking, et
cetera.
3. Services to be Furnished to Consultant. All informa-
tion, data and reports, existing and available to the City as
related to the performance of scope of services shall be furn-
ished to the Consultant without charge. The City shall provide
office space to Consultant along with clerical support and repro-
duction services associated with any applications or other major
written products.
4. Time of Performance. Consultant is to spend time neces-
sary to accomplish tasks listed, at an average of twenty-eight
(28) hours per month. The City and Consultant recognize that the
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level of effort required to accomplish the tasks listed may vary
according to Community Development Department and united states
Department of Housing and Urban Development requirements for
same. These City imposed and/or HUD imposed requirements may
cause Consultant to spend more or less of his time than is indi-
cated as a monthly average (28). To the extent possible, the
City shall notify the Consultant at least one (1) week in advance
of any major assignments or meetings which the Consultant is
expected to attend.
5. Compensation. City agrees to pay Consultant $75.00 per
hour for the services provided under this agreement. City agrees
to reimburse Consultant for incidental expenses necessarily in-
curred in the performance of this agreement, provided that Con-
sultant must provide to city an itemized statement of all inci-
dental expenses. No expense claim shall be paid without approval
of the Director of Community Development. Reimbursement for use
of a privately owned vehicle shall be at the rate established in
the current City resolution establishing mileage allowances.
Total compensation for the year November 1, 1989 through October
31, 1990, excluding reimbursement for incidental expenses and
travel outside San Bernardino County, shall not exceed the sum of
$30,000.00.
6. Method of Pavrnent. Compensation for services rendered
hereunder shall be made on a monthly basis beginning November 1,
1989, provided that the Consultant shall submit a progress report
each month, along with a monthly statement or invoice in the form
and manner approved by the Director of Community Development.
7. Term. The term of this agreement shall be from November
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1 1, 1989, through October 31, 1990, and may be renewed for a
2 period of time mutually agreeable to City and Consultant.
3 8. Relationship of Parties. Consultant is acting as inde-
4 pendent contractor, and not an employee of the city. Consultant
5 shall not be supervised, directed, or under the control or autho-
6 rity of any city officer or employee except as to any required
7 direction or control needed to provide broad objectives or goals.
8 Such discretion or control shall not be as to the details and
9 procedures to accomplish objectives or goals.
10 9. Termination. Should Consultant fail to comply with any
11 term, condition or provision of this agreement, City may termi-
12 nate this agreement by giving ten (10) days written notice to
13 Consultant.
14 10. Hold Harmless. Consultant hereby agrees to, and shall
15 hold City, its elective and appointive boards, commissions,
16 officers, agents and employees, harmless from any liability for
17 damage or claim for damage for personal injury, including death,
18 as well as claims for property damage which may arise from
19 Consultant's operations under this agreement. consultant agrees
20 to, and shall, defend City and its elective and appointive
boards, commissions, officers, agents and employees from any
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suits or actions at law or in equity for damages caused or
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alleged to have been caused by reason of Consultant's performance
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hereunder, including any claims that may arise against city by
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reason of Consultants relationships with city being legally
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categorized as other than an independent contractor relationship.
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11. Equal Emplovment Opportunity. Consultant shall not
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discriminate against any employee or applicant for employment
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because of race, color, religion, sex, or national origin.
Consultant shall take affirmative action to ensure that appli-
cants for employment are employed, and that employees are treated
during employment, without regard to their race, color, religion,
sex, or national origin. 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 payor other forms of compensation: and
selection for training, including apprenticeship. Consultant
shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the govern-
ment setting forth the provisions of this nondiscrimination
clause. Consultant shall state that all qualified applicants
will receive consideration for employment without regard to race,
color, religion, sex or national origin.
12. Release of News Information. No news releases,
including photographs, public announcements or confirmation of
same, or any part of the SUbject matter of this agreement or any
phase of any program hereunder shall be made without prior
written approval of the Director of Community Development.
13. No Benefit to Arise to Federal Emplovee. No member of
or delegate to the Congress of the United States, and no Resident
Commissioner shall be admitted to any share or part of this
agreement or to any benefit to arise from the same.
14. No Benefit to Arise to Local Emplovee. No member,
officer, or employee of the City, or their designees or agents,
no member of the governing body of the City, and no other public
official who exercises any functions or responsibilities with
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1 respect to the program during his tenure or for one (1) year
2 thereafter, shall have any interest, direct or indirect, in any
3 contract or subcontract, or the proceeds thereof, for work to be
4 performed in connection with the program assisted under this
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agreement.
15. Amendment.
This agreement may be amended or modified
only by written agreement signed by both parties and failure on
the part of either party to enforce any provision of this agree-
ment shall not be construed as a waiver of the right to compel
enforcement of such provision or provisions, nor act to release
any surety from its obligations under this agreement.
16. Notices. All notices herein required shall be in
writing and delivered in person or sent by first class mail,
postage prepared, addressed as follows:
15 As to City:
16 Director of Community Development
17 community Development Department
300 North "D" street, 5th Floor
18 San Bernardino, CA 92418
As to Consultant:
John R. Trauth
14 Toyon Court
sausalito, CA 94965
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17. Entire Aareement. This Agreement represents the entire
Agreement between the parties and any amendments and/or addenda
shall be made in writing between the parties and attached to this
Agreement.
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18. Assianment Prohibited. The rights and privileges given
to the Lessee are not assignable in whole or in part or by opera-
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tion of law and any such attempted assignment shall be invalid
and of no legal force or effect. This provision may be waived
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only with the express written consent of the Mayor and Common
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Council of the city of San Bernardino.
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IN WITNESS WHEREOF, the parties hereto have executed this
,
agreement on the ?! L day of /,~,:a.~ , 1988.
ATTEST:
A/24'&?/~AP
/' City Clerk
Approved as to form
and legal content:
~
CONSULTANT:
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,\J~;;~/
- John R. Trauth
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StlMMMtY OF BJUSIm 00NSUII12\N1' SERVJ:CES
Provided By John R. Trauth
1. One (1) year and three (3) year Hous~ Assistance Plans.
2. 'lWen~-Percent (20%) set-aside concept paper.
3. Infill Hous~ Program concept paper.
4. Infill Hous~ Program inplerrentation paper.
5. Target area visits, reports and recclIl1lI'eIrltions.
6. Hous~ Policies Report to state DepaxtIrent of Treasury.
7. Assistance with Mortgage Revenue Bom applications.
8. Design of acquisitiOn/rehabilitation program for abarrloned hOll'eS
(HUDjVA lists).
9. Presentation to "hous~ workshop" consist~ of the Mayor and Ccml-
= Council.
10. Assist with Enterprise Zone application (infill).
11. Program design and inplerrentation.
12. Design of administrative forms and procedures.
13. Contact with communi~ groups and onJo~ technical assistance.
14. IDan Review Connnittee.
15. Agreement with Unita:i states EscrcM.
16. Meet~ with local 1en::i.ers.
17 . Contacts with HUD.
18. Development of RRP enviromental :inpact report procedures.
19. Affinnative market~ policy/market~ plan,
20. Special hous~ program applications.
21. ci~ responses to HUD audits.
22. Development of RRP loan documents.
23. Section 8 arrarqerrent with Coun~ Hous~ Authori~.
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SUMMARY OF H:lUSJN; 00NSllLTANl' SERVICES
. Provided By John R. Trauth
Page -2-
24. Housin;J Development Action Grants (HUD).
25. Mobile Home Park Assistance Program (Rental Assistance).
26. Second unit Program.
27. Reverse annuity rrortgage p~ (home equity conversion) .
28. Commercial revitalization p~ (national trustjhistoric preserva-
tion).
29. Urban homesteading p~.
30. state urban pre-development loan p~ (infill).
31.. Notification to City of pending housin;J programs and legislation
from the state and federal governments.
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REStIME OF
JOHN R. TRAUTH
HJUSIN; CX>NSUIJl'ANr
14 Toyon Court
Sa11Salito, ~ 94965
POOFESSIONllL EXPERJ:EN::E
1980 to Present:
Title: HDUSIN; CX>NSUIJl'ANr
14 'Ioyon Court
Sausalito, CA 94965
Work indepen::l.ently for the IOOSt part, am occasionally in
consortiums, to provide technical assistance am counsel in the
field of hoosin:J developn-ent, housin:J assistance am design am
ilIlplementation of affordable housin:J programs. Major clients
include cities, cammunity development agencies, redevelopment
agencies am nonprofit hoosin:J developnent agencies. Past
clients have included the cities of San Francisco, long Beach,
San Bernardino, am Rich1rorrl, California; Denver, Colorado;
Tusoon, Arizona; the Southel:n California Association of
GoverIlll'eI1ts; the San Francisco Fourxlation am the San Francisco
Developn-ent F'LlIrl.
1976 to 1980
Title: DIRECTOR, PRJGRAM 1'U\NNl:W AND EV1lLUATIClN
U. S. Deparbnent of Housin:J am Urban Development, Region IX
San Francisco, California
Directed all of the Regional Mministrators reviews of BUD of-
fices in Region IX (California, Arizona, Nevada, Hawaii am the
Trust Territories of the Pacific Islan::ls); m:mitored BUD office
performance on an ongoin:J basis, with special attention to im-
plementation of new housing programs; corrlucted evaluations of
housing am cammunity development programs with attention to the
inpact of the program on participants; worked closely with BUD
Central Office in washington on several national evaluations of
BUD programs.
1971-1987
Title: MlWl!GIN; D:um::'roR
Urban Management COnsultants
San Francisco, California
Fourrled this consultin:J firm specializing in public sector con-
sultin:J with specialties in housing, cammunity development, ec0-
nomic developnent am manpower programs. Major clients included
cities, state agencies am federal agencies, prilllarily HOD am
the Deparbnent of labor. Built the firm to a medium size (fif-
teen (15) full tiIre employees am annual revenues of $500,000)
before sellin:J the firm to my partner in order to take the posi-
tion offered 'r:1j BUD.
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RESUME OF
JOHN R. TRlWTH
1968-1971
Title: CXlNSlJLTI!G PRIN::IPAL
F'l:y Consultants
San Francisco, California
Directed consulting engagements for this laxge general I1'al1age-
n-ent consulting finn in the fields of transportation (American
President Lines) distribution (Wester Farmers Cooperative), city
organization and I1'al1agement (Denver, Colorado and Richmond,
California) and community development (HOD Model cities Pr0-
gram) .
EDtJCM'IomIL BlICKGOOUND
1964 to 1966
A!I)S TUCK BaIXlL OF BUSINESS AI:KINISTRM'ION
Dartmouth College
Masters in Business 1Idministration (MIlA).
Completed a two (2) year course leading to an MEA with concen-
tration in marketing and finance.
1960 to 1964
OOIm>.TE UNIVERSITY
Hamilton, New York
Bachelor of Arts Degree.
Completed a four (4) year program leading to a Bacbelor of Arts
Degree with concentration in economics.
ElUlLY BlICKGOOUND
Born November 28, 1942, grew up on a farm in New York. Attended
Friends Academy for college preparatory training. Sports: tenn-
is, running, IlIOderate weight training.
REFERENCES
FUrnished upon request.
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