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CITY OF SAN BERtlaRDINO J~\EQUEST ~R COUNCIL ACTION
From:
Kenneth J. ~~~,
~. - ... .... . -
, , .
Community ~~jL? ". ~
t~~~~; .. - .
Subject:
ArMKIYAL OJ' --.r FOR
JIlt IlliLtIJ CXBlBtlLTAHr SBRVl:CES
Dept:
Date:
November 2, 1989
Synopsis of Previous Council action:
'!he Mayor and 0......\ Council have previously ~ four (4) acp:.........,Ls for
housin] oansultant setVioes between the City and Jam R. Trauth.
Recommended motion:
AIDPI' RESOIl1.rIm
Ken Henderscn
Contact person:
staff ~l
Phone:
5065
Supporting data attached:_
Ward:
1-7
FUNDING REQUIREMENTS:
Amount:
$30,000.
Source: (Acct. No,)
To be Created
(Acct. Descriotion)
am Letter of credit
F' [1\1"0.,
mInce: ~IU J..." ,
Council Notes:
^___J_ 1._
....!1U
'5.0262
CITY OF $AN BERtQRDINO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
'1he Mayor andn ..... .. Camc:il have previalsly ~ agte..u.:..lts
between the City and John R. Trauth for hcusin:J CXB'ISUltant sezvi.oes.
For the past two (2) years, the City has r-li..,ed aam:ocimately six-
teen (16) mcnt:hs of CXB'ISUltant S8lVioes even t:haJgh the ag..aauoalls in
questkn were originally ~ for twelve (12) mcnt:hs (in each
case, the Mayor and 0. ..... ., Camc:il ~ agl.aauoall extensicn; at no
additialaJ. cost to the City).
Attad1ecl is a 'O""'''''ry of S8lVices previalsly J:'E!OOered by Mr. Trauth.
'1he agl.aauoalL "''''t'L S aiM a cxntiraJatien of assistance Mr. Trauth has
been pt'ClITidin:J the City under previaJs ccnt:ract:s. '1he contrac:t
~, mich has w:rked ..............~fully in the past, provides that
a significant amount of Mr. Trauth's work for the City would. be done
en site, Wl:II:'kin;J closely with staff and prc:wi.din;J tecmica1 and
prof-...iala1 services with respect to the City's hcusin:J and ~nrl.ty
devel~lL J:o&~CIIID.
'1he total Q.u...._.L cilllJ:ges for CXB'ISUltin:J services under the ~........nt
will not ED"""'ed $30,000. Expenses r--~"rily incmred in the per-
fomance of the ,"",,1L..aCt: will be sutmitted in addition to lIIalt:hly
invoice statements en a J'l"i1llhD:SEllllelll basis.
staff po.. ...-'Ids adqltial of the attac!led resolutia1 authorizin:J the
Mayor to execute an ag...........1L with John R. Trauth for hcusin:J oansul-
tant services. '
J.
Director of Chrm"lity Devel~lt
KnVlab/3516
attadlment:s
1lj02/89
75-0264
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RESOLUTrON NUMBER
2 RESOLUTION 01' THE MAYOR AND COMMON COUNCrL 01' THE CrTY 01' SAN
BERNARDINO AUTBORrzING TJU!: EXECUTrON 01' U AGREEMENT WITH JOHN R.
3 TRAUTB RJlLATING TO HOUSING CONSULTANT SERVICES POR THE CITY 01'
SU BERNARDINO
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BE IT RJlSOLVBD BY THE MAYOR AND COMMON COUNCIL 01' TJU!: CU'Y 01'
5 SU BERNARDINO AS FOLLOWS:
6 Section 1.
7 The Mayor of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of the City an agreement with
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John R. Trauth relating to housing consultant services for the
City of San Bernardino, a copy of which is attached hereto marked
EXhibit "A" and incorporated herein by reference as fully as
though set forth at length.
Section 2.
The authorizations to execute the above referenced agreement
within sixty (60) days of the passage of this resolution.
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RESOLTUION AUTHORIZING AGREEMENT WITH JOHN R. TRAUTH
FOR HOUSING CONSULTANT SERVICES
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1989, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1989.
W.R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
B~
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27 accordance with application deadlines. This is to include at-
28 tending any necessary meetings, as well as making any provisions
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A~B~~M.lHi:r
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.
SCQDe 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
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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 infi1l 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 HOD 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. Comnensation. City agrees to pay Consultant $75.00 per
hour for the services provided under this aqreement. 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 throuqh October
31, 1990, excludinq reimbursement for incidental expenses and
travel outside San Bernardino County, shall not exceed the sum of
$30,000.00.
6. Method of PaYment. Compensation for services rendered
hereunder shall be made on a monthly basis beqinninq November 1,
1989, provided that the ConsUltant shall submit a proqress report
each month, alonq with a monthly statement or invoice in the form
and manner approved by the Director of Community Development.
7. Term. The term of this aqreement 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. RelationshiD 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. Eaual EmDlovment ODDortunitv. 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 Emnlovee. 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 Emn10vee. 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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respect to the program during his tenure or for one (1) 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
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ment shall not be construed as a waiver of the right to compel
10 enforcement of such provision or provisions, nor act to release
any surety from its obligations under this agreement.
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16.
Notices.
All notices herein required shall be in
14 postage prepared, addressed as follows:
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As to City:
As to Consultant:
Director of Community Development
Community Development Department
300 North "D" street, 5th 1'1oor
San Bernardino, CA 92418
John It. Trauth
14 Toyon Court
Sausalito, CA 94965
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
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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.
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This provision may be waived
only with the express written consent of the Mayor and Common
Council of the City of San Bernardino.
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agreement on the
IN WITNESS WHEREOF, the parties hereto have executed this
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day of
ATTEST:
City Clerk
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Approved as to form
7 and legal content:
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lab/0142
11-02/89
, 1988.
CITY OF SAN BERNARDINO
Mayor, City of San Bernardino
CONSULTANT:
John R. Trauth
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