HomeMy WebLinkAbout1987-107
RESOLUTION NO.
87-107
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOH~
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 City an
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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
attached hereto; marked Exhibit "A" a.nd incorporated herein by
reference
as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof, held on the
6th _ day of
April
, 1987 by the following vote, to
wit:
AYES:
Council Members Estrada. Reillv. Flores.
Maudsley. Ouiel. Frazier
NAYES:
None
ABSENT:
Council Member Strickler
~~
~ City Clerk
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The foregoing resolution is hereby approved this
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April
, 19 87..
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Approved as to form:
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0139/3-25-87
a.9.B~~M~liT
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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
individual, referred to as "Consultant".
The parties mutually agree as follows:
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1.
F.ecitals.
(a)
The City's continued receipt of Community
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15 housing development pJanning and possesses the skills necessary
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18 income persons.
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22 hereinafter set forth.
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24 following tasks:
25 (a) Assi.st Community Development Department in
26 updating the City's Housing Assistance Plan and Housing Section
27 of the Annual Performance Report for each annual Community
Development Block Grant funds is contingent upon
the t:in!ely
achievement of annual goals of housing for lower income
(b)
The City desires to develop and implement
additional strategies to meet these housing goals.
(c)
The Consultant is engaged in the profession of
to prepare comprehensive housing plans and strategies with
respect to financing, planning, and developing housing for
J o\r.Je r
(d)
The City desires to retain the services of the
Consultant to render certain technical and professional services
for the City's housing and community development programs as
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Scope of Services.
The Consultant shall perform the
28 Development Block Grant application during the term of this
Exhibit "A"
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agreement in accordance with application deadlines. This is to
include attending any necessary meetings, as well as making any
provisions 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
connection 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.
Cd) 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
Redevelopment project area tax increment. Develop the lending
criteria and loan documents for the revolving loan fund for
review by the City.
(e) 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
expeditiously.
Cf) Keep the City informed of new housing programs and
sources of funding for housing assistance.
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(g) At the direction of the City, prepare applications
for housing programs and funds deemed desirable and appropriate
for City.
(h) Assist the City in attracting developers.
(i) Assist developers in using State and Federal
housing assistance programs, providing applicable forms and
associated 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
agencies. This proposed assistance does not include writing,
funding, or financing environmental reviews for developers.
(j) 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
information, data and reports, exi.sting 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 j.s to spend time
necessary to accomplish tasks listed, at an average of forty-two
(42) hours per month. The City and Consultant recognize that the
level of effort required to accomplish the tasks listed may vary
according to Community Development Department and United States
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Department of Housing and Urban Development requirements for
1 same. These City imposed and/or HUD imposed requirements may
2 cause Consultant to spend more or less of his time than is
3 indicated as a monthly average (42). To the extent possible, the
4 City shall notify the Consultant at least one (1) week in advance
5 of any major assignments or meetings which the Consultant is
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7 5. Com?ensation. City agrees to pay Consultant $50.00 per
8 hour for the services provided under this agreement. City agrees
9 to reimburse Consultant for incidental expenses necessarily
10 incurred in the performance of this agreement, provided that
11 Consultant must provide to City an itemized statement of all
12 incidental expenses. No expense clainl shall be paid without
13 approval of the Director of Community Development. Reimbursement
14 for travel for use of a privately owned vehicle shall be at the
15 rate established in the current City resolution establishing
16 mileage allowances. Total compensation for the year ApriJ 6,
17 1987 through April 7, 1988, excluding reimbursement for
18 incidental expenses and travel outside San Bernardino County,
19 shall not exceed the sum of $25,000.00.
20 6. Method of Payment. Compensation for services rendered
21 hereunder shall be made on a monthly basis beginning April 7,
22 1987, provided that the Consultant shall submit a progress report
23 each month, along with a monthly statement or invoice in the form
24 and manner approved by the Director of Communi ty Development.
25 7. Term. The term of this agreement shall be from April
26 7, 1987 through Aprj.l 7, 1988, and may be renewed for a period of
27 time mutually agreeable to City and Consultant.
28 8. Relationship of Parties. Consultant is acting as
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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. Termination. Should Consultant fail to comply with any
term, condition or provision of this agreement, City may
terminate this agreement by giving ten CIO) 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 claim for damage for personal injury, including death,
as well as claims for property damage which may arise from
Consultant's operation~ under this agreement. Consultant agrees
to, and shall, defend City and its elective and appointive
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 Consultants relationships with City being legally
categorized as other than an independent contractor relationship.
11. Eaual Employment 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
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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
thjs 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
respect to the program during his tenure or for one (1) year
tlJereafter, shall have any interest; dj.rect or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be
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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
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compel enforcement of such provision or provisions, nor act to
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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~
Director of Community Development
Community Development Department
300 North "D" Street, 5th Floor
San Bernardino, CA 92418
John R. Trauth
14 Toyon Court
Sausalito, CA
9 4 965
IN ~~lITNESS WHEREOF, the parties hereto have executed this
agreement the -2~}tr/ day of /A Y 1987 .
on /9ut. ,
CITY ,SAN BERNARDINO
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BY:;' -/" v <;./_~,/l // j/ ( v
Mayor
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ATTEST: "'/ '.;2:0,6~'% 7,;,1
City Crerk
CONSULTANT:
~ ,A"
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John R. Trauth
26 Approved as to Form:
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! Ci ty P..t torn'ey
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3/25/87
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