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RESOLUTION NO.
34-553
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF
3 AN AGREEMENT WITH JOHN R. TRAUTH RELATING TO THE HOUSING CONSULTANT SERVICES
FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO AS FOIJ..OWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an Agreement with
8 John R. Trauth relating to housing consultant services for the Redevelopment
9 Agency of the City of San Bernardino, a copy which is attached hereto, marked
10 Exhibit "A" and incorporated herein by reference as fully as though set forth
11 at length.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
13 the Mayor and Common Council of the City of San Bernardino at
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resolution
the nth
day
thereof,
held
meeting
on
a
15 of
December
, 1984, by the following vote, to wit:
AYES:
Councilmen Castaneda, Reill:.', Hernandez,
Marks, Quiel, Frazier, Str~ckler
NAYS:
None
ABSENT :
None
.Af###$~~
/ City Clerk
The foregoing resolution is hereby approved this day
of DecelI'ber , 1984.
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AGREEMENT
THIS ~ is entered into by and between the CITY OF SAN
4 BERNARDINO, a municipal corporation, referred to as "City", and John R.
5 Trauth, an individual, referred to as "Consultant".
6 The parties mutually agree as follows:
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1. Recitals.
8 (a) The City's continued receipt of Community Development Block
9 grant funds is contingent upon the timely achievement of annual goals of
10 housing for lower income residents.
11 (b) The City desires to develop and implement additional strategies
12 to meet these housing goals.
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(c) The Consultant is engaged in the profession of housing
14 development planning and possesses the skills necessary to prepare
15 comprehensive housing plans and strategies with respect to financing,
16 planning, and developing housing for lower income persons.
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(d) The City desires to retain the services of the Consultant
18 to render certain technical and professional services for the City's Housing
19 and Community Development programs as hereinafter set forth.
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2. Scope of Services. The Consultant shall perform the following
tasks:
(a) Update the City's Housing Assistance Plan and Housing Section of
,
the annual Performance Report for each annual Community Development Block
24 Grant application during the term of this agreement in accordance with
25 application deadlines. This is to include attending any necessary meetings,
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as well as making any provisions for amendments required by the Department
of Housing and Urban Development.
(b) At the direction of the Executive Director of the Redevelopment
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Agency or designee, assist Agency staff in developing and submitting grant
applications to the Department of Housing and Urban Development for the
Rental Rehabilitation Program, and the implementation of said program.
Consultant also agrees to provide technical and professional services to the
City's designated Community nonprofit Agency for the administration of the
Rental Rehabilitation Program.
(c) Assist Redevelopment Agency staff in the preparation of a
"Housing Policies Report" in connection with the receipt and issuance of
multi-family mortgage revenue bonds by City for multi-family housing
developments within the corporate boundaries of the City.
(d) At the direction of the Executive Director of the Redevelopment
Agency, assist Agency staff in developing a housing program and
appropriate guidelines utilizing twenty percent (20%) set-aside funds from
Redevelopment project area tax increment.
(e) Keep the City informed of new housing programs and sources of
funding for housing assistance.
(f) At the direction of City, prepare applications for housing
programs and funds deemed desirable and appropriate for City.
(g) Assist the City in attracting developers.
(h) Assist developers in using State and Federal housing assistance
programs, providing applicable application forms and associated materials;
recommending program mix for specific sites and sponsor, referral of
developers to appropriate agencies and persons, and support in dealing with
funding agencies.
This proposed assistance does not include writing, funding, or
financing applications or environmental reviews for developers.
(i) Provide general technical assistance on the subject of low and
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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 information, data
and reports, existing and available to the City as related to the
performance of scope of services shall be furnished to the Consultant
without charge. The City shall provide office space to Consultant along
with clerical support and reproduction services associated with any
applications or other major written products.
4. Time of Performance. Consultant is to spend time necessary to
accomplish tasks listed, at an average of fifty-two (52) hours per month.
The City and Consultant recognize that the level of effort required to
accomplish the tasks listed may vary according to Redevelopment Agency and
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 indicated as a monthly average (52). To
the extent pOSSible, the City shall notify the Consultant at least one week
in advance of any major assignments or meetings which the Consultant is
expected to attend.
5. Compensation. City agrees to pay Consultant $40.00 per hour
for the services provided under this agreement. City agrees to reimburse
Consultant for incidental expenses necessarily incurred in the performance
of this agreement, provided that Consultant must provide to City an itemized
statement of all incidental expenses. No expense claim shall be paid
without approval of the Executive Director of the Redevelopment Agency of
San Bernardino. Reimbursement for travel for use of a privately owned
vehicle shall be a the rate established in the current City resolution
establishing mileage allowances, provided that there shall be no
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reimbursement for costs of commuting to San Bernardino.Total compensation
for the year December 18, 1984 through December 19, 1985, excluding
reimbursement for incidental expenses and travel outside San Bernardino
County, shall not exceed the sum of $25,000.00.
6. Method of Payment.
Compensation for
services
rendered
hereunder shall be made on a monthly basis beginning January 1, 1985,
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 Executive Director of the Redevelopment Agency.
7. Term. The term of this agreement shall be from December 18,
1984, through December 19, 1985, and may be renewed for a period of time
mutually agreeable to City and Consultant.
8. Relationship of Parties. Consultant is acting as independent
contractor, and not an employee of the City.
Consultant shall not be
supervised, directed, or under the control or authority of any City officer
or employee, except and to the extent as may be expressly or implicitly
required by this agreement. Any required direction or control shall be
limited to broad objectives or goals and not to the details and procedures
to accomplish objectives or goals.
9. Termiation.
Should Consultant fail to comply with any term,
condition or provision of this agreement, City may terminate this agreement
by giving ten (10) days written notice to Consultant.
10. Hold Harmless.
Consultant hereby agrees to, and shall hold
City, its elective and appointive boards, commissions, officers, agents and
employees, harmless from any liability for damage or claims for damage for
personal injury, including death, as well as from claims for property damage
which may arise from Consultant's operations under this agreement.
Consultant agrees to, and shall, defend City and its elective and appointive
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boards, commissions, officers, agents and employees from any suits or
actions at law or in equity for damages caused or alleged to have been
caused by reason of Consultant's performance hereunder, including any claims
that may arise against City by reason of Consultant's relationships with
City being legally categorized as other than an independent contractor
relationship.
11. Equal Eap10yment Opportunity. Consultant shall not
discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. Consultant shall take
affirmative action to ensure that applicants 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 Government 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 Executive Director of
the Redevelopment Agency of the City of San Bernardino.
13. No Benefit to Arise to Federal Employee. No member of or
delegate to the Congress of the United States, and no Resident Commissioner,
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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 Employee. 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 respect to the program during his tenure
or for one year thereafter, shall have any interest, direct or indirect, in
any contract or subcontract, or the proceeds thereof, for work to be
performed in connection with the program assisted under this 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 agreement 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 prepaid, addressed
as follows:
Executive Director
Redevelopment Agency
300 North "D" Street
San Bernardino, CA 92418
John R. Trauth
14 Toyon Court
Sausa1ito, California
94965
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1 IN WITNESS WHEREO.f,- e parties hereto have executed this agreement
ATTEST:
~/'--I ~'-s.
/ ~~
City Clerk
2 on the f"tf~ day of
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,l9~
JOHN R. TRAUTH
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