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HomeMy WebLinkAboutR17-Redevelopment Agency MJ1IItf:'I.~ST FOR ~/COUNCIL A~ ~::: Glenda Saul Subject: APPROVAL OF AGREEMENT FOR HOUSING CONSULTANT SERVICES Redevelopment Agency Date: November 25, 1985 Synoplis of Previous Commiaion/Council ection: On December 2, 1984, the Mayor and Common Council and the Community Development Commission approved an agreement for Housing Consultant Services in an amount not to exceed $25,000 (plus expenses). Recommended motion: (MAYOR AND COMMON COUNCIL) c RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN R. TRAUTH RELATING TO HOUSING CONSULTANT SERVICES FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. (COMMNITY DEVELOPMENT COMMISSION) RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT WITH JOHN R. TRAUTH RELATING TO HOUSING CONSULTANT SERVICES FOR THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BENRNARDINO. ~A/ . Signature Contact person: Glenda Saul Supporting data attached: Yes Phone: 383-5081 Ward: 1-7 FUNDING REQUIREMENTS: Amount: $ 25.000 (olus Project: All expenses) No edverse Impact on City: Date: np~pmhpr ~r lQR~ Cncil Notes: Agenda Item No.&::::J '7 CI~ OF SAN "RNARD~O - R.QUaT FOR COUNCIL ~ON ,-. "- c c 75.0264 STAFF REPORT Previously, the City was party to an agreement for Housing Consultant Services, along with the County of San Bernardino and the San Bernardino County Housing Authority. The agreement expired some three (3) years ago and the consultant, Ms. Perla Eaton, is no longer under contract with the City. Since that time, the City has been required to update the Housing Assistance Plan (without which, the City cannot receive CDBG funds), submit applications for the first and second years funding for the Rental Rehabilitation Program, develop a Housing Policies Report in connection with the issuance of Multi-family Mortgage Revenue Bonds, and begin work on the City's infi11 and twenty percent (20%) set-aside (tax-increment) revolving loan fund program. In December, 1984, Mr. John R. Trauth submitted a proposal to provide housing consultant services for one (1) year. On December ll, based on staff review and recollllllendation, the Council .adopted a resolution authorizing the Redevelopment Agency to execute a contract with Mr. Trauth. That contract has been in effect for one (1) year. Agency staff has been greatly pleased with the services provided by Mr. Trauth and desire to continue his services for another year. In addition to his knowledge of housing programs, Mr. Trauth now has a working knowledge of the City of San Bernardino's housing programs and circumstances, which contributes to his ability to provide these services to the City in an efficient and expeditious manner. After reviewing Mr. Trauth's experience, references, and work developed for the Agency and other political jurisdictions, staff is recollllllending adoption of the resolution by the Mayor and the COIIIIIlon Council and the Community Development Commission. With a considerably heavy staff work load, the retention of Mr. Trauth and his experience will significantly assist Agency staff in accomplishing BUD, state and city goals and objectives as these objectives relate to the provision and maintenance of decent, safe and sanitary housing. Adoption of the resolution by the Mayor and COllllllon Council and the Community Development Collllll1ssion would authorize and direct the Chairman and Secretary to execute an agreement with Mr. Trauth for hOUSing consultant services beginning December 1985 to December 1986. 12/2/85 0492L c c c c 18 19 20 21 221 of 23 Ii I o J :) 1 RESOLUTION NO. 2 AN A~~~O~ ~~. C~U~~ :~...:=~~~u~~O~i~ti~ 3 THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO. EXECUTION OF SERVICES FOR 4 5 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 6 authorized and directed to execute on behalf of said City an Agreement with 7 John R. Trauth relating to housing consultant services for the Redevelopment o=- 8 Agency of the City of San Bernardino, a copy~which is attached hereto, marked 9 Exhibit "A" and incorporated herein by reference as fully as though set forth 10 at length. 11 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 12 Mayor and Common Council of the City of San Bernardino at a 13 meeting thereof, held on the day of , 1985, by the 14 15 16 following vote, to wit: AYES: Councilmen 17 NAYES: ABSENT: City Clerk The foregoing resolution is hereby approved this day , 1985. 24 Approved as to form: Mayor of the City of San Bernardino 2:)i. ; -~~ /~ity Attorney , 28 493L 13 C 14 development 15 comprehensive 16 planning, and 17 c c o o ~ I 2 ::I AGREEMENT THIS AGREEKENT is entered into by and between the City of San 4 Bernardino, referred to as "City", and John R. Trauth, an individual, 5 referred to as "Consultant". 6 The parties mutually agree as follows: 7 1. Ileci tals. 8 (a) The City's continued receipt of Community Development 9 Block Grant funds is contingent upon the timely achievement of annual goals 10 of housing for lower income residents. 11 (b) The City desires to develop and implement additional 12 strategies to meet these housing goals. (c) The Consultant is engaged in the profession of housing planning and possesses the skills necessary to prepare housing plans and strategies with respect to financing, developing housing for lower income persons. (d) !be 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. 20 21 2. Scope following tasks: of Services. The Consultant shall perform the 22 I (a) Assist Redevelopment Agency staff in updating the City's 23 Housing Assistance Plan and Housing Section of the Annual Performance Report 24 for each annual Community Development Block Grant application during the 2,1 ;) term of this agreement in accordance with application deadlines. This is to 26 include attending any necessary meetings, as well as making any provisions C 27 for amendments required by the Department of Housing and Urban Development. 2S (b) At the direction of the Executive Director of the Exhibit "A" c c c " II o o J 1 Redevelopment Agency or designee, assist Agency staff in developing and 2 submitting grant applications to the Department of Housing and Urban 3 Development for the Rental Rehabilitation Program, and the implementation of 4 said program. Consultant also agrees to provide technical and professional 5 services to the City's designated cOllllllunity non-profit agency for the 6 administration of the Rental Rehabilitation Program. 7 (c) Assist Redevelopment Agency staff in the preparation of 8 the annual "Housing Policies Report" in connection with the receipt and 9 issuance of single-family and multi-family mortgage revenue bonds by City 10 for housing developments within the corporate boundaries of the City. 11 (d) At the direction of the Executive Director of the 12 Redevelopment Agency, assist Agency staff in developing a housing program 13 and appropriate guidelines for a revolving loan fund utilizing twenty 14 percent (20%) set-aside funds from Redevelopment project area tax 15 increment. Develop the lending criteria and loan documents for the 16 revolving loan fund for review by the City. 17 (e) Work with Redevelopment Agency staff to implement the new 18 infill housing program, working with Agency staff and local developers to 19 ensure that the implementation of the program proceeds expeditiously. 20 (t) Keep the City informed of new housing programs and sources 21 of funding for housing assistance. 22 (g) At the direction of the City, prepare applications for 23 housing programs and funds deemed desireable and appropriate for City. 241, 2" 1 ~) I (h) Assist the City in attracting developers. (i) Assist developers in using State and Federal housing 26 assistance programs, providing applicable forms and associated materials; C. 27 recommending program mix for specific sites and sponsers, provide referrals 2R of developers to appropriate agencies and persons, and provide support in -2- c c c c o o :) I dealing with funding agencies. 2 This proposed assistance does not include writing, 3 funding, or financing environmental reviews for developers. 4 (j) Provide general technical assistance on the subject of low 5 and moderate income housing, keeping the City abreast of changes in fair 6 market rents, changes in State and Federal priorities, need for zoning 7 modifications, land banking, et cetera. 8 3. Services to be Furnished to Consultant. All information, 9 data and reports, existing and available to the City as related to the 10 performance of scope of services shall be furnished to the Consultant 11 without charge. The City shall provide office space to Consultant along 12 with clerical support and reproduction services associated with any 13 applications or other major written products. 14 4. r~ of Performance. Consultant is to spend time necessary 15 to accomplish tasks listed, at an average of forty-five (45) hours per 16 month. The City and Consultant recognize that the level of effort required 17 to accomplish the tasks listed may vary according to Redevelopment Agency 18 and Department of Housing and Urban Development requirements for same. 19 These City imposed and/or BUD imposed requirements may cause consultant to 20 spend more or less of his time than is indicated as a monthly average (45). 21 To the extent possible, the City shall notify the Consultant at least one 22 week in advance of any major assignments or meetings which the Consultant is 23 expected to attend. 24, 5. Compensation. City agrees to pay Consultant $45.00 per hour 25 for the services provided under this agreement. City agrees to reimburse 261 Consultant for incidental expenses necessarily incurred in the performance 27 of this agreement, provided that Consultant must provide to City an itemized 281 statement of all incidental expenses. No expense claim shall be paid -3- I' C I: C I 2 3 4 5 6 7 8 9 10 11 12 13 C 14 15 16 17 18 19 20 21 22 23 24 c o o J 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. Total compensation for the year December 01, 1985 through December 02, 1986, on both Agency and City contracts combined, excluding reimbursement for incidental expenses and travel outside San Bernardino County, shall not exceed the sum of $25,000.00. 6. Method of Pa,.ent. Compensation for services rendered hereunder shall be made on a monthly basis beginning January 1, 1986, 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. Tera. The term of this agreement shall be from December 01, 1985, through December 02, 1986, and may be renewed for a period of time mutually agreeable to City and Consultant. 8. Relationahip 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. Termination. Should Consultant fail to comply with any term, condition or provision of this agreement, City may terminate this agreement 25 261 by giving ten (10) days written notice to Consultant. 10. Hold Haraless. Consultant hereby agrees to, and shall hold 27 2R Agency, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims for damage -4- " c C I 2 , 3 4 5 6 7 8 9 10 11 12 13 C 14 15 16 17 19 20 21 22 23 241 II 25,! 26 C 27 2R o o J 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 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. ll. Equal llaployaent 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; 18. 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. Ilelease 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 -5- C I C 2 3 4 5 6 7 8 9 10 11 12 13 C 14 15 16 17 18 19 c r o J J 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, 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 llaployee. 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. Allenct.ent. 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 20 as follows: 21 22 23 I 2411 25:1 261 27 Executive Director Redevelopment Agency 300 North "D" Street San Bernardino, CA 92418 John R. Trauth 14 Toyon Court Sausalito, California 94965 28; I I I ! -6- c c c c o 1 2 3 4 5 6 7 8 9 10 11 12 o "' -" IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day of Approved as to J'Op ~-/(,.,~~~ Sr. Asst. ~ity Att~ Y 13 496L 11/85 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7- , 1984. CITY OF SAN BERNARDINO BY: !'layor ATTBST: City Clerk CONSULTANT John R. Trauth ,. c c c c o o J OF SAN TRAUTH OF THE 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOIJ.OWS: 11 incorporated herein by reference as fuily as though set forth at length. I I 2 RESOLUTION NO. 5 SECTION 1. The Chairman and Secretary of the Community Development 12 ADOPTED: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOlIN R. ::I RELATING TO HOUSING CONSULTANT SERVICES FOR THE REDEVELOPMENT AGENCY CITY OF SAN BBRNARDINO. 6 7 Commission of the City of San Bernardino is hereby authorized and directed to 8 execute on behalf of said Commission an Agreement with John R. Trauth relating 9 to housing consultant services for the Redevelopment Agency of the City of San 10 Bernardino, a copy which is attached hereto, marked Exhibit "A" and 13 14 15 16 Approved as to form: flit ~&~ AGENCY COUNSEL # 494L 17 18 19 201 21 22 23 24 25 26 27 2R " ;i I c c c o :) o AGREEMENT THIS AGREEKENT is entered into by and between the Redevelopment Agency of the City of San Bernardino, referred to as "Agency", and John R. Trauth, an individual, referred to as "Consultant". The parties mutually agree as follows: 1. Ilecitals. (a) The Agency's continued participation in the state-administered mortgage revenue bond housing program is contingent upon the construction of such assisted dwelling units during a specified time period and the timely achievement of annual goals of providing decent, safe, and sanitary, and affordable housing for the residents of the City of San Bernardino. (b) The Agency desires to develop and implement additional 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 respect to financing, planning, and developing housing for lower income persons. (d) The Agency desires to retain the services of the Consultant to render certain technical and professional services for the Agency's mortgage revenue bond and twenty percent (20%) set-aside tax increment programs as hereinafter set forth. 2. Scope of Services. The Consultant shall perform the follOWing tasks: (a) Assist Redevelopment Agency 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 'I EXHIBIT "A" c c c c !I I I o J o I 2 3 4 for multi-family housing developments within the corporate boundaries of the City. (b) At the direction of the Executive Director of the Redevelopment Agency, assist Agency staff in developing a housing program and 5 appropriate guidelines for a revolving loan fund utilizing twenty percent (20%) set-aside funds from Redevelopment project area tax increment. 6 7 Develop the lending criteria and loan documents for the revolving loan fund 8 9 10 11 12 13 14 15 for review and approved by the City. (c) Work with Agency staff to implement the new infill housing program, working with staff and local developers to ensure the expeditious implementation of the program. (d) Keep the Agency informed of new housing programs and sources of funding for housing assistance. (e) At the direction of Agency, prepare applications for housing programs and funds deemed desirable and appropriate for the City of 16 17 San Bernardino. (f) Assist the Agency in attracting developers. 18 19 20 (g) Assist developers in using State and Federal housing assistance programs, providing applicable application forms and associated ma terials ; recommending program mix for specific sites and sponsors, 211 22 23 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 241 financing environmental reviews for developers. 25 (h) Provide general technical assistance on the subject of low 26 27 2R I I and moderate income housing, keeping the Agency abreast of changes in fair market rents, changes in State and Federal priorities, need for zoning modifications, land banking, et cetera. -2- c c c c o :) o 1 2 3 4 5 6 3. Services to be lurn1shed to Consultant. All information, data and reports, existing and available to the Agency as related to the performance of scope of services shall be furnished to the Consultant without charge. The Agency shall provide office space to Consultant along with clerical support and reproduction services associated with any applications or other major written products. 7 4. T~ of Perforunce. Consultant is to spend time necessary to 8 9 10 11 12 13 14 15 16 accomplish tasks listed, at an average of forty-five (45) hours per month. The Agency 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 Agency imposed and/or BUD imposed requirements may cause consultant to spend more or less of his time than is indicated as a monthly average (45). To the extent possible, the Agency shall notify the Consultant at least one week in advance of any major assignments or meetings which the Consultant is expected to attend. 17 5. eo.penaation. Agency agrees to pay Consultant $45.00 per hour 18 19 20 21 22 23 24 for the services provided under this agreement. Agency agrees to reimburse Consultant for incidental expenses necessarily incurred in the performance of this agreement, provided that Consultant must provide to Agency 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 1 25 mileage allowances. Total compensation for the year December 02, 1985 through 26 27 2S December 01, 1986, on both Agency and City contracts combined, excluding reimbursement for incidental expenses and travel outside San Bernardino County, shall not exceed the sum of $25,000.00. 6. Method of PaYllent. Compensation for services rendered 'i -3- c c c o :) o I hereunder shall be made on a monthly basis beginning January 01, 1986, 2 provided that the Consultant shall submit a progress report each month, along ::I with a monthly statement or invoice in the form and ..nner approved by the 4 Executive Director of the Redevelopment Agency. 5 7. Tera. The term of this agreement shall be from December 02, 6 1985, through December 01, 1986, and may be renewed for a period of time 7 mutually agreeable to City and Consultant. 8 8. Relationah1p of Parties. Consultant is acting as independent 9 contractor, and not an employee of the Agency. Consultant shall not be 10 supervised, directed, or under the control or authority of any Agency officer 11 or employee, except and to the extent as may be expressly or implicitly 12 required by this agreement. Any required direction or control shall be 13 limited to broad objectives or goals and not to the details and procedures to 14 15 accomplish objectives or goals. 9. Teraination. Should Consultant fail to comply with any term, 16 condition or provision of this agreement, Agency may terminate this agreement 17 by giving ten (10) days written notice to Consultant. 18 10. Bold Haraless. Consultant hereby agrees to, and shall hold 19 Agency, its elective and appointive boards, commissions, officers, agents and 20 employees, harmless from any liability for damage or claims for damage for 21 I personal injury, including death, as well as from claims for property damage 22 which may arise from Consultant's operations under this agreement. Consultant 231 agrees to, and shall, defend Agency and its elective and appointive boards, 241 commissions, officers, agents and employees from any suits or actions at la 1 25 i i or in equity for damages caused or alleged to have been caused by reason of 26 Consultant's performance hereunder, including any claims that may arise C 27 against Agency by reason of Consultant's relationships with Agency being 2RI I I legally categorized as other than an independent contractor relationship. -4- c c II II .:) o o I 2 li. Equal Employaent Opportunity. Consultant shall not discriminate against any employee or applicant for employment because of race, 3 color, religion, sex, or national origin. Consultant shall take affirmative 4 action to ensure that applicants for employment are employed, and that 5 employees are treated during employment, without regard to their race, color, 6 religion, sex, or national origin. Such action shall include, but not be 7 limited to, the following: employment, upgrading, demotion, or transfer; 8 recruitment or recruitment advertising; layoff or termination; rates of pay 9 or other forms of compensation; and selection for training, including 10 apprenticeship. Consultant shall post in conspicuous places, available to 11 employees and applicants for employment, notices to be provided by the 12 Government setting forth the provisions of this nondiscrimination clause. 13 Consultant shall state that all qualified applicants will receive C 14 consideration for employment without regard to race, color, religion, sex, or 15 national origin. 16 12. lle1ease of Hews Information. No news releases, including 17 photographs, public announcements or confirmation of same, or any part of Fhe 18 subject matter of this agreement or any phase of any program hereunder shall 19 be made without prior written approval of the Executive Director of the 20 Redevelopment Agency of the City of San Bernardino. 21 13. No Benefit to Arise to Pederal !ap!oyee. No member of or 22 delegate to the Congress of the United States, and no Resident Commissioner, 23 shall be admitted to any share or part of this agreement or to any benefit to 241, 2[)1 arise from the same. 14. No Benefit to Arise to Local EIIployee. No Ilember, officer, or 26 employee of the Agency, or their designees or agents, no member of the C 27 governing body of the Agency, and no other public official who exercises any 28 functions or responsibilities with respect to the program during his tenure or -5- c o o J c I for one year thereafter, shall have any interest, direct or indirect, in any 2 contract or subcontract, or the proceeds thereof, for work to be performed in ::I connection with the program assisted under this agreement. 4 15. ..-......t. This agreement may be amended or aodified only by 5 written agreement signed by both parties and failure on the part of either 6 party to enforce any provision of this agreement shall not be construed as a 7 waiver of the right to compel enforcement of such provision or provisions, nor 8 act to release any surety from its obligations under this agreement. 9 16. Notices. All notices herein required shall be in writing and 10 delivered in person or sent by first class mail, postage prepaid, addressed as 11 follows: 12 13 C 14 15 16 on the 17 18 19 20 Executive Director Redevelopment Agency 300 North RD" Street San Bernardino, CA 92418 John R. Trauth 14 Toyon Court Sausalito, California 94965 IN WIDlESS WIIEIl.EOF, the parties hereto have executed this agreement day of , 1985. REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO BY: Chairman 21 BY: Secretary 221 231 24!1 I Approved. as to~rm2:::'7 25 ~~~~(~ _ 26 Agency coun~ CONSULTANT John R. Trauth c 271 2Ri 49lL 12/85 -6- c c c c J o o JOHN R. TRAUTH HOUSING" COMMUNITY DEVELOPMENT CONSULTANT 14 Toyon Court Sausalito, California 94965 415{332-6090 November 22, 1985 Ms. Glenda Saul, Executive Director Iledevelopment Agency 300 North -D" Street San Bernardino, Calif. 92418 Re: HOUSING CONSULTANT SERVICES Dear Glenda: This letter represents my proposal to the City of San Bernardino for housing consultant services for one (1) year beginning January 1, 1986. As you know, the City and the Iledevelopment Agency entered into an agreement with ae last year, commencing December 11, 1984, to provide certain technical and professional services with respect to the City's Housing and Community Development programs. I have provided those services, working closely with the Redevelopment Agency staff. I have enjoyed my association with the Agency V!!ry much over the past year, and therefore, I am submitting this proposal to provide similar services for next year. My proposal involves continuing the arrangement which worked successfully last year at approximately the same level of effort, and under the same arrangements, i.e., that the significant amount of my work would be done on-site, working closely with Redevelopment Agency staff, whenever appropriate. For purposes of review, my services over the past year involved housing consulting services with respect to various redevelopment and community development activities, including the following: a) Preparation of the City's One-Year and Three-year Housing Assistance Plans, which qualify the City to receive Community Development Block Grant funds from BUD. b) Preparation of a series of concept papers regarding potential housing programs to be funded by a revolving loan fund established with the City's 20% set-aside funds from tax increments generated from the various redevelopment projects. c) Preparation of a series of concept papers regarding a new infill housing program to be funded through the 20% set-aside program; following approval of program concepts by the Housing Commission; visited several potential project sites and developed an implementation plan for the program. c c c c o o :) d) Assisted the Agency with preparation and submission of its Housing Development Action Grant (HODAG) to BUD. e) Prepared for the City its "Housing Policies Report" for submission to the Department of the Treasury to permit the City to issue future mortgage revenue bonds. f) Designed an Acquisition/Rehabilitation program, funded by the 20% set-aside revolving loan fund to address the problem of abandoned homes in San Bernardino. g) Provided technical assistance to the City on behalf of the design, funding and implementation of the City's Rental Rehabilitation Program, funded by BUD; this assistance included: 1. working with RDA staff on program design; 2. assisting in negotiations with West Side COIIIIIlunity Development Corporation to market the program and prepare applications, and provided on-going technical assistance to WSCDC; 3. met with the County Housing Authority and negotiated a Memorandum of Understanding with the Housing Authority to administer the Section 8 Housing Assistance portion of the program; 4. preparation of application forms and processing materials, including program tracking forms and loan documents; 5. assisted in negotiations with the United States Escrow for wire transfers of money from Washington under BUD's cash management structure; 6. developed support procedures for the program under BUD guidelines, including the affirmative marketing plan, the tenant assistance policy, and the environmental review procedures and wrote the City's formsl response to BUD's audit of the program; 7. worked with RDA staff to prepare the City's application to HUD for funding the program for the second year; 8. conducted a meeting with a number of local lenders to inform them about the program and solicit their participation; and 9. assisted the City in the establishment of the RRP Loan Review Committee and participated in the meeting of the Committee to review and approve loan applications for rehabilitation of rental properties in the City. -2- c c c c ~ o o h) Provided technical review and counsel to RDA staff on potential new housing programs which the Agency might consider in future participation, including: 1. The National Trust for Historic Preservation's new Commercial Revitalization Program; 2. the Reverse Annuity Mortgage Program, a home equity conversion program for seniors; 3. BUD's Urban Homesteading program for revitalization of repossessed BUD properties; 4. the "Double Unit Opportunity" program for assisting single-family homeowners to build second units in their homes and rent them at affordable rates; 5. a Mobile Home Park Assistance Program as conceived by the Los Angeles Community Design Center; and 6. the State of California's Urban Predevelopment Loan program as a potential infill housing funding source. i) Provided other technical assistance, as requested, regarding the City's mortgage revenue bond applications, the City's Enterprise Zone application, and other issues; made a presentation to a special "housing workshop" session of the Mayor and Council regarding the 20% set-aside program and various techniques for providing housing assistance through this program; met on several occasions with the Redevelopment Committee to discuss the Infill Housing Program concepts and implementation plan. Prop08ed Housing As8istance As indicated above, I propose to provide on-going housing consultant services to the City of San Bernardino Redevelopment Agency and staff for a period of one (1) year under the same approximate arrangements as existed in the previous contract. While it is not possible to determine the exact scope of services, it is likely that similar activities as reported above will be carried out in the folloWing year. Mayor areas of assistance will most likely include the following: a) Working with RDA staff and new Housing Specialist to prepare the next annual Housing Assistance Plan for the 1986-1987 program year. b) Development of the 1986 Housing Policies Report for submission to the Department of Treasury to authorize 1986 mortgage revenue bond allocations. -3- c c c c o :> o c) Assistance in development of the Revolving Loan Fund established by the 20% set-aside aonies, including development of applicant lending criteria, loan documents and supporting information and uterials. d) Assistance in implementation of the Infi11 Housing Program, including providing technical assistance to the selected developer(s), and helping to arrange for bond financing and an approximate drawdown schedule for the program. e) Assistance in implementation of the Acquisition/Rehabilitation program to address the issue of abandoned homes in San Bernardino. f) Continuing technical assistance with respect to the RRP, including assistance with preparation of the City's third year application to BUD and continuing assistance to RDA staff and West Side CDC in program operations. g) Provide training to new Housing Specialist in various San Bernardino housing programs and on-going reporting requirements. h) As requested, review and assess other potential housing and housing assistance programs with respect to their appropriateness for San Bernardino and assist as requested with grantsmanship and/or application to appropriate funding sources. i) Provide other technical assistance upon request, such as continuing assistance with respect to future single-family and multi-family bond issues, meetings and/or presentations to the Mayor and Council and Redevelopment Collllll1ttee, and other housing related activities, as assigned. Le~l of Effort and Cost of Aasitance I propose to provide the services described above on-site in the Redevelopment Agency offices beginning January 1, 1986, through December 31, 1986. The estimated level of effort will be approximately 45 hours per month, although the level of effort required to accomplish the tasks may vary according to the Redevelopment Agency's requirements. My rate for consulting services is $45.00 per hour for services provided under this agreement. Total charges for consulting time will not exceed $25,000. Any expenses necessarily incurred in the performance of this work will be submitted in addition for reimbursement together with an itemized statement. Billing will be monthly for time and expenses incurred. * * * -4- c c c c o o I appreciate the opportunity to offer my services to the City of San Bernardino. My current resume is attached to this proposal. If you have any questions regarding my background or this proposal, I would be pleased to answer them at your request. Sincerely, ~LRI7.~--- John R. Trauth Housing Consultant JRT:lo:490L -5- '""', ..) c c c c Address: 14 Toyon Court Sausalito, Calif. Present Position: 1980 to present 1976-1980 1971-1987 1968-1971 o o ~... ",) RESUME JOHN R. TRAUTH HOUSING CONSULTANT 94965 Height: Weight: Health: 6'0" 178 lbs. Excellent Housing Consultant: 14 Toyon Court, Sausalito, Calif: work independently for the most part, and occasionally in consortiums, to provide technical assistance and counsel in the field of housing development, housing assistance and design and implementation of affordable housing programs. Major clients include cities, community development agencies, redevelopment agencies and non-profit housing development agencies. Past clients have included the cities of San Francisco, Long Beach, San Bernardino, and Richmond, California; Denver, Colorado; Tuacon, Arizona; the Southern California Association of Governments; the San Francisco Foundation and the San Francisco Development Fund. Director, Program Planning and Evalution, U.S. De rtment of Housi and Urban Develo ent Re ion IX San Francisco: Directed all of the Regional Administrator's reviews of BUD offices in Region IX (California, Arizons, Nevada, Hawaii and the Trust Territories of the Pacific Islands); monitored BUD office performance on an on-going basis, with special attention to implementation of new housing programs; conducted evaluations of housing and community development programs with attention to the impact of the program on participants; worked closely with HUD-Central Office in Washington on several national evaluations of BUD programs. Managing Director, Urban Management Consultants: Founded this consulting firm specializing in public sector consulting with specialties in housing, community development, economic development and manpower programs. Major clients included cities, state agencies, and Federal agencies, primarily BUD and the Department of Labor. Built the firm to a medium size (15 full-time employees and annual revenues of $500,000) before selling the firm to my partner in order to take the position offered by BUD. Consulting Principal. Fry Consultants, San Francisco, California: Directed consulting engagements for this large general management consulting firm in the fields of transportation (American President Lines) distribution (Wester Farmers Cooperative), city organization and management (Denver, Colorado and Richmond, California) and community development (BUD Model Cities Program). c c c c Education 1964-1966 1960-1964 Early Background: References: 49lL o o '-. -....J Amos Tuch School of Business Administration, Dartmouth College: Kaster in Business Administration (MBA), completed a two year course leading to an MBA with concentration in marketing and finance. Colgate University, Hamilton, New York: Bachelor of Arts degree, completed a four year program leading to a Bachelor of Arts degree with concentration in economics. Born November 28, 1942, grew up on a farm in New York. Attended Friends Academy for College preparatory training. Sports: Tennis, Running, Moderate Weight Training . Furnished upon request. c c o o J ".. .' / : I... _ .. I , . 4 . .. . LEASE AND AGREEI'IENT THIS ~.~ ~ AGREEMENT is made &lid entered into this (.,\:4) day of .....-f l l N'( "~I , 1964, by and bet..ecn the CITY OF SAN BEltNARDINO, a IllUnicipal corporation, here.innfter somet1mes called Lessor, &lid HEX~CAN CHAMBEIl OF COtiERCE, a non- profit corporation, hereinafter aometimes call~ Lessee. WHEREAS, Lessor desires to lease certain property to 7 . Lessee; &lid . , WHEREAS, it is not contemplated that said property will 10 be needed for lIIUJIic1pal use during the term hereof; II IIOW, THEREFORE, in consideration of the covenants, pro- D msn &lid agreements herein contained, it is hereby agreed. as II follows: 14 IS ICl c 17 1. Prooertv leased. Lessor, for and in consideration of the rents herein re- s!lrved &lid agreed to be paid by the Lessee &lid in further con- I sideration of the Covenants and agreements herein contained on II the part of the Lessee to be kept, performed and fulfilled, here- I' by l~..es &lid lets to the Lesse~, and the Lessee hereby hires and al leases frOm the Lessor, that cer.tain real property situated in 21 the City of San Bernardino, County of San Bernardino, State of 22 California, more particularly described in Exhibit No.1, which D is attached hereto and by this reference made a part hereof, as 24 fully as though set forth at length herein, and improvements 10- 25 cated thereon, for the term of forty-nine (49) years cOlIIDenc1ng 1I6 on the day, month and year o~ the execution of this Lease ns cet 27 forth above, and ending on the SBlDe day and month, as the e>:ecu- 28 tion date of this 'Lease, duril)g the forty-ninth (49th) yenr of 2ll 10 .1 c 12 the te~ of this .lease. r ~ Annual Rental Payml!nts Lessee agrl!eS to p~ and Lessor agrees to accept as rl!ntal for said premises, during the term aforesaid, an annual . c c c - . 4 . Ii , . . , 10 U 12 II 14 II III I' II I' 1lO 21 22 U 34 2S 115 27 21 2P 10 .1 12 c o .~ o J '.. . .' / 1..- - . I J:ental 'Of ayable . first day of .July each and every year ~ity Hall, San Bernardino, California. 3. ~ It is agreed that the leased premis.. ahall be used solely for recreational, cultural and educat1DD&l purposes and to advertise and publicize the advantages and resources of the City of San Bernardino, for the benefit bf the _ber~ of Lessee and the residents of the City of San Bernardino without discrimination in advance on or before the ing the term hereof at as to race, color, creed, national origin or religion. 4. ImDrovements. Lessee shall ~stall and construct an additional rest room in the building located on the leased premises not later than one year after the date of the commencement of this lease. Lessee further agrees to prepare plans and specifications for other neces sary improvements to said building at the earliest practicable time; to submit said plans and specifications to the Superintend- ent of the Building and Safety Department of Lessor for his' appro- valor modification thereof;. and shall complete said other neces- sary improvements to said building within three (3) years from the date of the commencement of this lease. S. Rules and Re~lations. Any rules and regulations adopted by Lessee for the use and operation of the building or lands of the leased premises shal be subject to the approval of the governing body of Lessor. 6. Covenants of Lessee. . Lessee covenants and agrees with Lessor as follows: (1) 'lbat it will not use said .premises for- any unlawful purposes. (2) 'lbat it will pay the rent as above specified. (3) ~at it will use said premises. in a careful and pru- dent manner. -2- c c c 12 IS 14 IS 16 17 11 19 JO 21 22 '0 o => .... . .' / : 1-.., 1 . . " . (4) !bat it will cCllllply wi~ such lawful requirements of State, l6micipal II:Dd public authorities as re14te to its use and occupancy of said premises, (5) '1'bat it will maintain said premises and improve- -.nts and make all replacements ... ~pairs neces- sary to said premises and impr09eMDts during the term hereof, ordinary wear and tear excepted. (6) !bat it will permit Lessor to examine said premises during the usual bUsiness hours. (7) '1'bat it will pay for all gas, electricity, light, heat, power, water and other service or uti.lity used on or supplied to said premises. (8) !bat ill addition to and as a part of the rent, Lessee agrees to pay during the term of the lease all real and personal taxes and assessments on or ill respect to said premises and/or improvements and/or leasehold, any and all installments of spe- cial assessments against laid premises and/or .im- provements, which become due and payable during the term of this lease, and all insurance premiums for policies required under the provisions of this lease. 11 6 7 . , 10 11 21 7. Insurance Policies. 14 Lessee shall at all times on and after the date on which 25 this Lease coanences and at i~s c;nm expense, keep all of the im- 26 provements and the leased premises insured againlit loss or damage ~ by fire and othe.r risks covered by standard extended coverage 28 . endorsement, and by vandalism and malicious mischief, and insured :It against loss or destruction due to shock or earthquake, in an 10 amount equal to no.t less than the replacement cost of such im- c .1 J2 provements., Lessee will. procure and maintain in force during the -3- c c c 11 14 .'. 15 16 18 l' JO 21 22 II :M 25 2Ci 27 28 2P c III 11 12 o o J .... . / : I~_, - ~ 1 2 I 4 . term of. this lean an insurance pol:l,cy or policies inilurins Les- sor against public liabllity ~d property dalllage in the fOllowins IIiniDuD -.uDts, to wit: For injury to or death of one person Subject to the above 11Dd.t for each person, for injury to or death of t1IU , ,; $ 't}tJ 6 (JeJ. tn, I , 7 . or IIIOre persons in any one occurrence For damage to property of others for each occurrence $ 1#.0 .00. .. , 10 11 $ Q .0 All insurance shall he carried with insurance companies approved by Lessor and licensed to do business in the State of California. A renewal policy shall be procured not less than ten days prior to the expiration of any such policy. '!he policies of insurance as above provided or certificates of the insurers evi- dencing insurance carried on or ~especting the premises hereby leased shall be forthwith deposited with Lessor. '!he proceeds of any insurance required under this lease shall be paid into the treasury of Lessor. 8. Liens. 12 17 If any mechanic's lien or liens. shall be filed against the leased premises for work done by or for, or materials fur- Dbhed to Lessee, Lessee shall forthwith or within a reasonable time thereafter either cause the same to be discharged by paying the amount of the lien or shall litigate the same with due care and diligence to a final jud8l!lent or decree from which there is no appeal, and in the event'such judgment or decree. upholds said lien .in whole or.in part, Lessee shall forthwith pay the same. 9. Sublet and Assismment. . '!hat Lessee may not sublet the said premises or any part thereof without the prior written consent of Lessor, provided that upon con,sent thereto by Lessor, Lessee shall nevertheless remain liable for the performance of its covenants hereunder. -4- o c c c o o :) '.' / ' 1__.- 1 I . 4 ,S fl , 1his .Lease shall DOt be asdgned by J.essee. 10. Destruction or Dama~e to BulldinRs. Ihould the whole or any part of said building at any time be partially or 1:Otally destroyed by any cause during the term of this lease, such building may at Lessee's oPt~ to be. exercised by writtl!1l DOtice to Lessor within thirty days &fter such partial ., or total destruction, and at its own expense, be restored or re- I paired by Lessee, or replaced by ii:, with a IIIOdern building of . . . , equal or greater value then su1tab1e to the sue needs of Lessee. 10 If such option is DOt so exercised then this Lease shall forth- II with term1rlate, provided that Lessee shall reimburse Lessor for II its loss cauaed by such destruction or damage to said building in IS the eVl!1lt Lessee has failed or neglected to obtain or maintain 14 adequate fire or other insurance protection 1:0 fully compensate IS Lessor for such destruction or damage. 16 11. Condemnation of Leased Premises. ID the event the leased premises shall be condemned and 17 u taken in its entirety for other public or quasi-public use,. any I' award made to compensate either Lessor or Lessee for their respec- 10 tive dsmage or loss shall be paid to and. retained by the Lessor :11 and this lease shall be terminated. ID the event only a part of 22 the building is condemned and taken, any award made to Lessor or II Lessee shall be paid to and retained by the Lessor. 34 25 12. Lessor's Remedies upon Default. ID the event (a) tha~ Lessee shall default in the per- formance or fulfillment of any c"ovenant or condit;ion herein con- tained on its pa:,t to be performed or fulfilled, or (b) that Les- 'see shall file a voluntary petition in bankruptcy,. or (c) that Les see shall be adju~ged a bankrupt or (d) that Lessee shall make a general assignment for the benefit of creditorb, then, and in any or either' of any of said eve~ts, Lessor lDIIY at its option, with- out further notice upon Lessee or upon any persons claiming by, III 27 28 2t 10 II 12 . -5- c .,..... ~ c c 0.-' o J ~... . . 1 I . 4 I , , . throuah 'or UDder Lessee, iDaediately.cancel and terminate this Leaae and tend.Date. each, every. and all ri&bts of Lessee and of any and all persons c1afmf.,g by, through or UDder Lessee in or to l".)" the leased ~remiseli and 111 or to the further jI08session thereof, in which event the leaaed premises shall ~d1.at:e1y revert to ., Lessor, together with arry and all 1mprovementa iInd fixtures locate thereon. Lessor -y thereupon enter 1IIto and upon the leased premises, repossess the same and expel tess.. and arry and all per- sons cla1m1ng by, through or under Lessee. '!be- rights and remedies of Lessor, as hereinabove set forth, are CUlllUlative only and shall in DO wise be deemed to limit any of the other provisions of this Leaae or otherwise to deny to Lessor any right or remedy at law or in equity which LelSor may have or assert aga1llst Leasee under any law 111 effect at the date hereof or which _y hereafter be enacted or become effective, it being .the 1IItent hereof that the rights and remedies of Lessor, as hereinabove set forth, shall supplement or be 111 addition to or 111 aid of the other provisions of this lease and of any right or remedy at law or- in equity which I:.essor may have against said Lessee. 13. Concessions and Encumbrances. I , 10 11 12 U 14 IS 141 l' 11 It :ao U Lessee covenants not to grant any concession to be ope- 22 rated on the demised preio1ses, nor to hypothecate, mortgage, make 2J over or encumber this Lease or the term of the leasehold hereby 14. created or any portion of the leasehold of the herein demised prem- 25 bes, without having first obtained the written consent of the Les- 36 sor. . 27 14. ImDI:ovement Plans. 21 Building, improvement and lands~aping plans and speclfica- lit tions, the location and size of buildings, structures an~ improve- III ments and the type of construction, style of architecture, and ma- I1 terials to be. used in such buildings, structures or improvements, 12 shall be subject to tbe approval of the Lessor. -6- c c 1 2 - . 4 . , 7 . . , 10 11 12 II 14 II I' 17 II It III 21 22 1II :14 25 1I6 27 28 It III .1 12 c c o .~ o :) ... . . . 15. Liability. 1his lease is made upon the .express condition that the Lessor shall he &ee &CIID all liabilities &lid clAims for dlllllases and/or suits for or by reason of any injury or iIIjuries to any person or persons or property of any kind llhataoever, whether the person or property of Lessee, its agents or -.iOyees, or third perSons, &CIID any cause or CAuses whatsoever 1Ih1le ill or upon said premises or any part thereof during the term of this agreement or occasioned by any occupancy or use of said premises, or any ac- tivity carried on by Lessee ill connection therewith, and Lessee hereby covenants &lid agrees to iIIdemnify and save harmless the Lessor &CIID all liabilities, claims, suits or losses however oc- currillg or daages growing out of same. . 16. Termination. 1his agreement may be terminated by Lessor at any time after fifteen (15) .years has expired &CIID the date of cODlllence- ment of this lease. by. giving a .six (6) . months' written notice to the Le..ee and this agreement shall terminate forthwith six (6) DOnths following the giving of said written notice. 1his agreement may be terminated by Lessee by giving six (6) months written notice to the L\!ssor and this agreement shall terminate forthwith six months following the giving of said writ- ten notice. '1'bis agreement shall forthwith terminate without the necessity of notice in the event Lessee is dissolved. 17. Amendments. . '1'b1& Agreement may be amended or modified only by writ- ten agreements signed by both parties and the 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 cCIIDpel enforcement of such pro~ision or provisions, nor ~ct to release any party or surety frCIID its obligations under this Agreement. -7- c r '- 1 I - . 4 . 6 , . . , 10 11 12 11 14 11 16 IT 11 l' 10 11 22 2J 24 25 26 21 28 2t 10 11 12 c c o o .:> .4' . 18. tIotices. All DOticcs herein. required shall be in writing and de- . livered in pa:son or sent by reg1stered _11, postage prepaid. Notification required to be given to Lessor Ilball be addressed as follows: City Clerk, City Hall. City of San Bernardino. Notification required to he given to Lessee shall be ad- ekessed .. follows: Mexican Chamber of CoaIIIerce, Tenth St. and Mt. Vernon Avenue, San Bernardino. . Provided that any party hereto may change Such address by DOtiCe in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 19. No Waiver. bv Om1ssion to Enforce. No acquiescence, failure or neglect of either Lessor or Lessee to ins1st on strict performance of any or all of the terms hereof in one instance shall be considered or constitute a waiver of the right to insist upon. strict performsnce of the terms hereof in any subsequent instance. 20. General Conditions of Aareement. Iac:h and all of the terms and agreements herein con- tained shall be binding upon and inure to the benefit of the suc- cessors in interest of Lessor and Lessee respectively. It is hereby covenanted and agreed that tfme is of the essence of this agreement except where otherwise expressly provided. If any section, paragraph, sentence, clause, phrase, or portion of this lease is invalid or shall be hel~ to be invalid, such invalidity ~hall not affect the validity of the balance or remainder. 'lbere are no covenants and warranties other than those expressed herein, other than the warranty of title. IN WITNESS WHEREOF the parties hereto have subscribed -8- c c c c . . . 0.- / : o :) -... . 1...- ~ . their a_s OD the clay, _th and ye/lr first above written. I I . 4 , II Attest: fir, ~ fF'~ ty eler. 7 . , 10 11 12 I' 14 IS 16 Approved.. to form: 4 ~ ~I'~ ty Attorney -/(. t..;U . 17 II If III II 22 II :1M 25 lIli If 21 >> III .1 12 CI'l'Y or SAN IIEIUIAIlDINO, Lessor .. MEXICAN CHAMBER or COlMERCE, Lessee By: c.;/. ."-~ . .r=- ~/ ecretary . . . -9-