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Cll OF SAN BERNARDI, ~ - REQUE T FOR COUNCIL ACl 3M
From: Kenneth J. Henderson, Director
Subject:
APPROVAL OF AGREEMENT FOR
HOUSING CONSULTANT SERVICES
Oept: community Development
Date: September 28, 1988
Synopsis of Previous Council action:
On December 2, 1984, the Mayor and Common Council approved an agreement
for housing consultant services in an amount not to exceed $25,000
(plus expenses).
On December 2, 1985, the Mayor and Common council approved an agreement
for housing consultant services in an amount not to exceed $25,000
(plus expenses).
On November 17, 1986, the Mayor and Common Council approved the exten-
sion for housing consultant services from December 2, 1986 to March 31,
1987, by form motion.
(SYNOPSIS CONTINUED TO NEXT PAGE)
Recommended motion:
Adopt Resolution
Con'" pII1GII:
Support......... Itt.hed:
Ken Henderson
Phonl:
5065
Staff Report
Ward:
1-7
FUNDING REOUIREMENTS:
Amount:
Source: (ACCT~ NO.)
(ACCT. DESCRIPTION)
$25,000
121-541-53150
CDBG Admin.
Finance: O~ b ~
as.6 lW Z I lJO sse
':UO 'NIWay. 'Q,~3a
Council No..:
Agenda Itlm No. ~.s-
71.0111
SYNOPSIS OF PREVIOUS COUNCIL ACTION CONTINUED...
On December 8, 1986, the Mayor and Common Council adopted
resolution authorizing the extension of an agreement between
the City and John R. Trauth for housing consultant services
through March 31, 1987. Said extension was at no cost to the
city.
On April 7, 1987, the Mayor and Common Council adopted a
resolution authorizing the Mayor to execute an agreement
between City and John R. Trauth for housing consultant
services.
On April 4, 1988, the Mayor and Common Council adopted a
resolution authorizing and directing the execution of a First
Amendment to the agreement with John R. Trauth for housing
consultant services.
CI' -I OF SAN ..RNARDI...o - R.aUE., FOR COUNCIL ACTION
STAFF REPORT
The Mayor and Common Council have approved agreements for
housing consultant services between the City and John R. Trauth
for the past four (4) years.
On April 7, 1987, the Mayor and Common Council adopted a
resolution approving the extension of the current agreement
from April 8, 1987 to October 8, 1988. This allowed staff to
extend the time limit for receiving said consultant services
and required no additional funding.
Attached is a summary of services previously rendered by Mr.
Trauth. The agreement represents a continuation of the
assistance Mr. Trauth has been providing the city under
previous contracts. The contract arrangement, which has worked
successfully in the past, provides that a significant amount of
Mr. Trauth's work for the City would be done on site, working
closely with staff and providing technical and professional
services with respect to the City'S housing and community
development programs.
The total charges for consulting services under the agreement
will not exceed $25,000. Expenses necessarily incurred in the
performance of the contract will be submitted-in addition to
monthly invoice statements on a reimbursement basis.
staff recommends that the Mayor and Common Council adopt the
attached resolution authorizing the Mayor to execu~e an
agreement with John R. Trauth for housing consultant services.
. Henderson
of Community Development
1(JH/lab/145
9/21/1988
75-0264
SUMMARY OF HOUSING CONSULTANT SERVICES
PROVIDED BY JOHN TRAUTH
1. Assistance with one (1) and three (3) year Housing
Assistance Plan
2. Twenty-percent (20%) housing set-aside concept paper
3. Staff briefings on pending and current state legislation
regarding expenditure of the 20% housing set-aside funds.
4. Assistance with implementation of the Infill Rousing
progra..
5. Target area visits, reports and recommendations.
6. Assistance with mortgage revenue bond applications.
7. Design and refinement of acquisition/rehab/resale progra.
for repossessed and abandoned homes on the west side of
the City.
8. Design of administrative forms and procedures.
9. Consultation on implementation of the rental
rehabilitation program.
10. Meetings with local lenders, escrow companies, etc.
11. Contacts with HUD offices in Santa Ana, Los Angeles and
San Francisco on behalf of City programs.
12. Development of program loan documents.
13. Negotiations withthe County Housing Authority on behalf
of the City.
14. Collection of information from other Cities and Counties
regarding mobile home park ordinances, assistance
programs, etc.
15. Assistance in design and refinement of a mobile home
assistance program for the City.
16. Review of new Federal and State housing programs and
determination of their applicability to the City-
continued....../
Housing Consultant Activities
Page two
17. Assistance with preparation of "requests for proposals"
for specialist services for the City.
18. Rated and ranked proposals submitted in response to
RFP's as part of a panel review process.
19. Reviewed proposed survey instruments proposed by other
consultants, r~viewed draft reports submitted, discussed
appropriate City response with Community Development
staff.
20. Provided advice and assistance to planning consultants
involved with updating the City's general plan,
specifically with regard to housing issues.
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RESOLUTION NUMBER
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOHN R.
TRAUTH RELATING TO HOUSING CONSULTANT SERVICES FOR THE CITY or
-4 SAN BERNARDINO
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL or THE CITY or
SAN BERNARDINO AS FOLLOWS:
Section 1.
The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf ot the City an
8 agreement with John R. Trauth relating to housing consultant
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services for the City ot San Bernardino, a copy ot which is
attached hereto marked Exhibit "AM and incorporated herein by
reference as fully as though set forth at length.
I HEREBY CERTIFY that th foregoing resolution was duly
13 adopted by the Mayor and Common Council of the City of San
14 Bernardino at a meeting thereof, held on the
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day of
, 1988 by the following vote, to wit:
AYES:
Councilmembers
NAYES:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day ot
, 1988.
Approved as to form
and legal content:
Mayor, City ot San Bernardino
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AGREEMENT
---------
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:
1. Recitals.
(a) The City's continued receipt of Community
Development 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
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 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 .s
hereinafter set forth.
2. Scope of Services. The Consultant shall perfora the
following tasks:
(a) Assist Community Development Department in
updating the City's Housing Assistance Plan and Housing Section
of the Annual Performance Report for each annual Community
Development Block Grant application during the term of this
agreement in accordance with application deadlines. This ia to
Exhihit "A"
9/29/88
1 include attending any necessary meetings, as well as making any
2 provisions for amendments required by the Department of Housing
3 and Urban Development.
4 (b) At the direction of the Director of Community
5 Development, or designee, assist Community Development Department
6 staff in developing and submitting grant applications to the
7 united states Department of Housing and Urban Development for the
8 Rental Rehabilitation Program, and the implementation of said
9 program.
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15 (d) At the direction of the Director of co..unity
16 Development, assist community Development staff in developing a
17 housing program and appropriate guidelines for a reVOlving loan
18 fund utilizing twenty-percent (20') set aside funds fro.
19 Redevelopment project area tax increment. Develop the lending
20 criteria and loan documents for the reVOlving loan fund for
21 review by the City.
22 (e) Work with Community Development Depart.ent staff
23 in continuing to implement the infill housing progra., working
24 with Community Development Department staff and local developers
25 to ensure that the implementation of the program proceeds
26 expeditiously.
27 (f) Keep the city informed of new housing prograas and
28 sources of funding for housing assistance.
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(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.
9/29/88
1 (g) At the direction of the city, prepare applications
2 for housing programs and funds deemed desirable and appropriate
3 for city.
4 (h) Assist the City in attracting developers.
5 (i) Assist developers in using state and Federal
6 housing assistance programs, providing applicable forms and
7 associated materials: recommending program mix for specific sites
8 and sponsors: provide referrals of developers to appropriate
9 agencies and persons: and provide support in dealing with funding
10 agencies. This proposed assistance does not include writing,
11 funding, or financing environmental reviews for developers.
12 (j) Provide general technical assistance on the
13 subject of low and moderate income housing, keeping the City
14 abreast of changes in fair market rents, changes in state and
15 Federal priorities, need for zoning modifications, land banking,
16 et cetera.
17 3. services to be Furnished to Consultant. All
18 information, data and reports, existing and available to tbe City
19 as related to the performance of scope of services shall be
20 furnished to the Consultant without charge. The City shall
21 provide office space to Consultant along with clerical support
22 and reproduction services associated with any applications or
23 other major written products.
24 4. Time of Performance. Consultant is to spend ti.e
25 necessary to accomplish tasks listed, at an average of thirty-two
26 (32) hours per month. The City and Consultant recognize that the
27 level of effort required to accomplish the tasks liated -y vary
28 according to Community Development Department and United states
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9/29/88
1 Department of Housing and Urban Development requirements for
2 same. These City imposed and/or HUD imposed requirements may
3 cause Consultant to spend more or less of his time than is
4 indicated as a monthly average (32). To the extent possible, the
5 City shall notify the Consultant at least one (1) week in advance
6 of any major assignments or meetings which the Consultant is
7 expected to attend.
8 5. compensation. city agrees to pay Consultant $65.00 per
9 hour for the services provided under this agreement. City agrees
10 to reimburse Consultant for incidental expenses necessarily
11 incurred in the performance of this agreement, provided that
12 Consultant must provide to City an itemized statement of all
13 incidental expenses. No expense claim shall be paid without
14 approval of the Director of Community Development. Reimbursement
15 for travel for use of a privately owned vehicle shall be at the
16 rate established in the current city resolution establishing
17 mileage allowances. Total compensation for the year october 16,
18 1988 through October 15, 1989~ excluding reimbursement for
19 incidental expenses and travel outside San Bernardino County,
20 shall not exceed the sum of $25,000.00.
21 6. Method of Payment. Compensation for services, rendered
22 hereunder shall be made on a monthly basis beginning October 9,
23 1988, provided that the Consultant shall submit a progress report
24 each month, along with a monthly statement or invoice in the form
25 and manner approved by the Director of Community Develop.ent.
26 7. Term. The term of this agreement shall be from october
27 9, 1988 through October 8, 1989, and may be renewed for a period
28 of time mutually agreeable to City and Consultant.
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1 8. Relationship of Parties. Consultant is acting as
2 independent contractor, and not an employee of the City.
3 Consultant shall not be supervised, directed, or under the
4 control or authority of any City officer or employee, except and
5 to the extent as may be expressly or implicitly required by this
6 agreement. Any required direction or control shall be limited to
7 broad objectives or goals and not to the details and procedures
8 to accompl ish objectives or goals.
9 9. Termination. Should Consultant fail to comply with any
10 term, condition or provision of this agreement, City may
11 terminate this agreement by giving ten (10) days written notice
12 to Consultant.
13 10. Hold Harmless. Consultant hereby agrees to, and shall
14 hold City, its elective and appointive boards, commissions,
15 officers, agents and employees, harmless from any liability for
16 damage or claim for damage for personal injury, including death,
17 as well as claims for property damage which may arise from
18 Consultant's operations under this agreement. Consultant agrees
19 to, and shall, defend City and its elective and appointive
20 boards, commissions, officers, agents and employees from any
21 suits or actions at law or in equity for dam~ges caused or
22 alleged to have been caused by reason of Consultant's performance
23 hereunder, including any claims that may arise against City by
24 reason of Consultants relationships with City being legally
25 categorized as other than an independent contractor relationship.
26 11. Equal Employment Opportunity. Consultant shall not
27 discriminate against any employee or applicant for employment
28 because of race, color, religion, sex, or national origin.
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9/29/88
1 Consultant shall take affirmative action to ensure that
2 applicants for employment are employed, and that employees.are
S treated during employment, without regard to their race, color,
4 religion, sex, or national origin. Such action shall include,
5 but not be limited to, the following: employment, upgrading,
6 demotion, or transfer1 recruitment or recruitment advertising1
7 layoff or termination1 rates of payor other forms of
8 compensation 1 and selection for training, including
9 apprenticeship. Consultant shall post in conspicuous places,
10 available to employees and applicants for employment, notices to
11 be provided by the Government setting forth the provisions of
12 this nondiscrimination clause. Consultant shall state that all
13 qualified applicants will receive consideration for employment
14 without regard to race, color, religion, sex or national origin.
15 12. Release of News Information. No news releases,
16 including photographs, public announcements or confirmation of
17 same, or any part of the subject matter of this agreement or any
18 phase of any program hereunder shall be made without prior
19 written approval of the Director of Community Development.
20 13. No Benefit to Arise to Federal Employee. No member of
21 or delegate to the congress of the united states, and no Resident
22 Commissioner shall be admitted to any share or part of this
23 agreement or to any benefit to arise from the same.
24 14. No Benefit to Arise to Local Employee. No member,
25 officer, or employee of the City, or their designees or agents,
26 no member of the governing body of the city, and no other public
27 official who exercises any functions or responsibilities with
28 respect to the program during his tenure or for one (1) year
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9/29/88
--
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND JOHN R. TRAUTH
FOR nOUSING SERVICES.
1 thereafter, shall have any interest, direct or indirect, in any
2 contract or subcontract, or the proceeds thereof, for work to be
3 performed in connection with the program assisted under this
4 agreement.
5 15. Amendment. This agreement may be amended or modified
6 only by written agreement signed by both parties and failure on
7 the part of either party to enforce any provision of this
8 agreement shall not be construed as a waiver of the right to
9 compel enforcement of such provision or provisions, nor act to
10 release any surety from its obligations under this agreement.
11 16. Notices. All notices herein required shall be in
12 writing and delivered in person or sent by first class mail,
13 postage prepared, addressed as follows:
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Agreement between the parties and any amendments and/or addenda
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Director of community Development
community Development Department
300 North "D" street, 5th Floor
San Bernardino, CA 92418
17. Entire Agreement. This Agreement
John R. Trauth
14 Toyon Court
Sausalito, CA
94965
represents the
entire
shall be made in writing between the parties and attached to this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the
day of
, 1988.
22
23 ATTEST:
24
CITY OF SAN BERNARDINO
City Clerk
Mayor, City of San Bernardino
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26 Approved as to form
27 an~ legal con~ent:
-f j
28 .r'''' " . (-
,,1 tVclty' Atto';~~~
CONSULTANT:
John R. Trauth
-7-
9/29/88
lab/0142