HomeMy WebLinkAboutRESO 4865,
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RESOLUTION NO • .-4;u§~6"""5 __ _
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
OF INTENTION TO ENTER INTO COOPERATION AGREEMENT
WITH HOU.~~NG AUTHORITY c.:: THE COUNTY OF SANTA CLARA
WHEREAS, the Board of Commissioners of the Housing Authority
of the County of Santa Clara has proposed a Cooperation Agreement
between the Housing Authority of the County of Santa Clara and the
City of Palo Alto whereby the Housing Authority will lease housing
units within the City of Palo Alto pursuant to the federal Section 23
leased housing program, using federal fund3 and funds provided ry
the City of Palo Alto; and
WHEREAS, the Council of the City of Palo Alto finds that
such Cooperation Agreement would be in the best interests of the
City, and would serve a public purpose;
NOW, THEREFORE, BE IT RESOLVED that the Council of the
City of Palo Alto intends to enter into a Cooperati.1n Agreement
with the Housing Authority of the County of Santa Clara relating
to the federal Section 23 leased housing program; and
BE IT FURTHER RESOL,'JED 1 that the Council of the City of Palo
Alto will hold a public hearing on Monday, the 11th day of
February, 1974, at 7:30 p.m. or as soon thereafter as the
matter may be heard at its regular weekly meeting on such date
for the purpose of giving interested persons an opportunity
to be heard as to whether such Cooperation Agreement should be
entered into, said hearing to be held at the Chambers of the
Council of the City of Palo Alto, Civic Center, 250 Hamilton
Avenue, Palo Alto, California1 and
BE IT FURTHER RESOLVED that the Clerk of the City of Palo
Alto is directed to publish notice of this resolution as required
by Section 34518 of the Health and Safety Code and to maintain
at least three copies of the proposed Cooperation Agreement
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available in the Office of the City Clerk for inapection by
interested persons prior to the public hearing.
INTRODUCED AND PASSED: January 28, 1974
AYES: Beahrs, Berwald, Clay, Comstock., Henderaon, Norton, Pearson,
Rosenbaum, Sher
NOES: None
ABSENT: None
ATTEST: APPROVED:
city Clerk ()
APPROVED AS TO CONTENT;
Ch\~L-~~-~ ASst. Director of P~g
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Mayor
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COOPERATION AGREEMENT
Between 'rhe
CITY OF PALO ALTO
and the
HOUSING AUTHORITY OF THE COUNTY OF SANTA CLARA
THIS AGREEMENT, made· and entP.red into this day of
, 1974, pursuant to the Housing Cooperation Law,
~5-y~an__,a....,.b-e~t~w-e_e_n __ """'the CITY OF PALO ALTO, a municipal corporation of
California, herei;na£ter referred to as "City,"· and the HOUSING
AUTHORITY OF THE COUNTY OF SANTA CLARA, a public corporation
created· pursuant to Housing Authorities' Law, with offices at
770 Kiely Boulevard, Santa Clara,· California 95051, hereinafter
referred to as "Housing Authority";
W I T N E S S E T H: -----------
WHEREAS, the Housing Authority, established for the purpose
of providing low income housing i.n Santa Clara County, has been
unable to lease many units for such purposes· in Palo Alto under
the federal Section 23 program due to the high rents extant in
the Palo Alto· housing market; and
WHEREAS,· the City recognizes the need for additional housing
for low income persons and wishes to increase the number of
housing units leased for· low income persons by the· Housing
Authority within· the· city· limits~ and
WHEREAS, by Ordinance· No .• 2761 the Council of the City of
Palo Alto transferred funds to· be used to· supplement Housing
Authority funds provided as part of· the Section 23 program to
lease more·housinq units for low· income persons· in Palo Alto; and
WHEREAS, the Housing Authority intends· to· apply such funds
to increase· rents· payable to owners of units leased and stands
ready to assume any custotnary· administrative· costs· it' might incur
in carrying· out· the terms of this agreement:
NOW, THEREPORE., in consideration of their· mu:tua1· covenants,
the parties· hereto agree· as· follows:
1. COOPEAA.T~OR AGREEMENT COORD.INATION.
A. City. The City Manager shall be representative of City
for all purposes· under this agreement. The Assistant Director
of Planning is hereby designated as Cooperation Agreement
Manager and he shall supervise the progress and· execution of
this agreement.
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B. Rousing;· Au.thori ty. · · The Executive Director of the
Housing Authority Is designated Cooperation Agreement· Director
for Housing Authority· and shall be· assigned and sha11 have
responsibility for the progress and· execution of· this agreement.
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2. DUTIES OF .. HOUSING. AUTHORITY.
A. Housing Authority shall lease housing units for low
income persons within the municipal boundaries of the City of
Palo Alto with funds provided under and pursuant· to· the federal
Section 23 leased housing program or any· subsequent and similar
federal or state program· and funds· provided by· City under
J)aragraph -3 of this· agreement· to· supplenient· such·federal or
other funds. ·
(1) Housing Authority shall lease· housinq-·units
pursuant to Section 2. (n)·of this agreement in accordance
with the following requirements:
(a) Housing Authority· shall seek maximum term
· leas es , but not to exceed three years •
(b) Housing Authority shall maximize the number
of· units leased each year· under this agreement.
(c) Housing Authority shall lease, as far as
practicable, units which are in· scattered locations
throughout Palo· Alto and shall avoid leasing units
in areas where· the· City ha~ approved· or planned,
prior to and after-execution· Of this agreement,
low or moderate income· housing, whether-provided by
means of private-, federal or state subsidy or assist-
ance,· or by other means.
(d) Housing Authority shall minimize the subsidy
per uriit to be provided by City.
(e) Housing Authority, within the eligibility
criteria required by the federal or state government,
shall give preference to applicants for· tenancy to persons
who at the time of.application reside in Palo Alto and
secondarily to· those applicants who work in Palo Alto
but be~ause of· high rental costs are· compelled to live
elsewhere.
Cf) Housing Authority shall maintain·, as far as
economically practicable, an equal.· balan~e between
tenancies provided to families and-to· elderly.persons
of low income.
B. Housing Authority shall, during the first· six months of
this agreement, enter as many· leases for three•year terms as
possible, pursuant to-se·ction 2.A. of this agreement,· consistent
with the requirements thereunder. However, the Housing Authority
shall not enter so many leases on such· terms that·· more than
Fifteen Thousand· Dollars ($15,000) of funds provided by City
hereunder would be committed for the period of any· one year com-
mencing on the day following six months from the date of execution
of this agreement·. In no event· shall the· Housing· Authority enter
so many leases on such terms that the total amount of funds required
to be provided by City under this agreement· could exceed Forty-five
Thousand Dollars· ($45,000) from the date of execution to the date
of termination of this agreement.
c. The Housing Authority shall not use funds provided by
City hereunder for :leases in other federally assisted·~· or city
assisted housing units or· projects without the prior approval of
the City Council.
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D. The Housing Authority shall require owners of units to
which City funds are provided hereunder to agree that upon termi-
nation of the lease the tenant in possession during the term of
the lease shall have the option of remaining the tenant of such
owner on such terms as the owner and the tenant may agree.
E. (1) The Housing Authority shall provide City, six (6)
months after the execution of this agreement and every
ninety (90) days thereafter, a progress and financial report
containing the following information:
(a) The number of units leased.
(b) The number of months for which such units are
leased.
(c) The location of such units.
(d) The dollar amount of federal and City funds
provided for, and the ~ent charged tenants for each
unit leased.
(e) Such other information, including adminis-
trative costs, tenant profiles, and turnover, which may
assist City in evaluating the effect of this agreement.
(2) The Housing Authority shall cooperate with City
in evaluating the information to be provided under Paragraph
2.E. of this agreement and shall hold open its accounts,
files, records, and other data relating to this agreement,
except tenant applications, for City audit and review, and
shall allow City to copy such documents at City's expense.
F. The Housing Authority shall est3blish and maintain such
accounting system as may be required by City.
3. DUTIES OF CITY.
A. City shall provide the Housing Authority up to Four
Thousand Five Hundred Dollars· ($4,500) six (6) months after the
execution of this agreement and annually thereafter as an advance
on the amount of Fifteen Thousand Dollars ($15,000) which City
shall provide the Housing Authority as may be required by the
number of units leased, to supplement federal or other Housing
Authority funds to lease housing hereunder each year.
B. City shall reimburse the Housing Authority, after the
annual advance under Paragraph 3.~., in such amounts a& may be
required for leases entered hereunder which aggregate up to
Fifteen Thousand Dollars ($15,000) annually, inclusive of the
annual advance, and up to Forty-five Thousand Dollars ($45,000)
over the term hereof, calculated from the date of the first
advance to the date of termination of this agreement. Reim-
bursement of the Housing Authority, following the initial annual
advance, shall be made upon submission to City of the progress
and financial report required under Paragraph 2.E. (1) for units
leased herew1der.
c. City shall hold and provide Five Thousand Dollars
($5,000) to the Housing Authority upon termination of this
agreement to be used to phase out leases entered hereunder which
extend beyond the date of termination or for such other obligations
incurred by the Housing Authority, provided that City has approved
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such other obligations in advance and in writing. If City
determines that the performance of the Housing Authority has
been well executed, based upon the progress and financial
reports submitted under Paragraph 2.E.(l), any monies remaining
after the phase-out as described in this· paragraph shall be
made available to the Housing A~thority for further· leases in
its normal program in Palo Alto.
4. TERM. This agreement shall commence on the date of
execution and shall terminate three years and six ~onths
following such date.
5. BXTENSION OF TERM. City shall have the option to
extend the term of this agreement to cover extended leases, any
variation in individual lease periods and the period of phase-out
or for any period to which City and the Housing Authority may
agree, but not to exceed one year fr•::>m the date of termination
unless this agreement is amended in writing.
6. RIGHT TO SUSPEND OR TERMINATE. City shall have the
right to susp~nd or terminate this agreement if the· Housing
Authority fails to carry out its duties hereunder or· is· incapable
of performing to the date of termination, or if the City considers
the agreement unfavorable in meeting original· objectives; based
on progress and financial report(s) submitted under Paragraph
2.E. (1). If City· terminates this agreement, the Housing Authority,
upon receipt of notice of such termination, shall not· enter any
new leases hereunder but shall continue to administer such
leases which have been entered up to that date and shall furnish
City a final progress and financial report containing all the
information required under Paragraph· 2.E.(l). In such case,
City shall provide e.e Housing Authority with funds to supplement
feder~i and other Housing Authority funds only for leases entered
up to the date of termination. ·
7. DUTY TO DEFEND, INDID:NIFY AND HOLD HARMLESS. Housing
Authority hereby agrees to indemnify and save harmless City, its
officers, agents, and employees from:
A. Any and .all claims and demands which may· be made
against City, its officers,_ agents, or employees by reason of any
injury to or death of any person or damage suffered or sustained
by any person or corporation caused by, or a~leged to have been
caused by, any act or omission, negligent or otherwise, of Housing
Authority or any subcontractor under this agreement or of Housing
Authority's or any subcontractor's employees or agents.
B. Any and all damage to or destruction of the property
of City, its officers, agents, or employees occupied or used by
or in the care, custody, or control of Housing Authority, ·
caused by any act or omission1 negligent o~ otherwise, of
Housing Authority or any subcontractor under this agreement
or of Housing Authority's or any subcontractor's employees
or agents.
c. Any and all claims and demands which may be made against
City, its officers, agents, or employees by reason of any injury
to or death of or damage suffered or sustained.by ~y employee
or agent of Housing Authority or any subcontractor under this
agree1~1ent, however caused, excepting, however, any· such claims
~d demands which are the result of the sole negligence or will-
ful miscondcct of City, its officers, agents, or employees.
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D. Any and all penalties imposed or damages sought on
account of the violation of any law or regulation or of any term
or condition of any permit.
E. Any and all claims and demands which may be made against
City, its officers, agents, or employees in connection with any
lease or rental agreement entered hereunder for any damages to
or destruction of property or damage to, injury to, or death of _
any person, or arising out of any claims or demands with respect-
to the condition of or tenantability or habitability of an~
premises.
In the event that any rent is withheld or deducted on the
claim that premises leased or rented hereunder are untenantable
or uninhabitable, Housing Authority shall defend, indemnify and
hold City harmless therefrom as.provided.herein.
Housi~,g Authority, at its own cost, expense, and risk, shall
defend any and all s~its, actions, or other legal proceedings
that may be brought or instituted by third persons against City,
its officers, agents, or employees on any such claim or demand of
such third persons, or to enforce any such penalty, and pay and
satisfy any judgment or decree that may be rendered against City,
it~ officers, agents, or employees in any such suit, action, or
other legal proceeding.
a. WORKMEN'S COMPENSATION. Housing Authority certifies
that it is aware of the provisions of the Labor Code of the State
of California, which require every employer to be insured against
liability for workmen's compensation or to undertake self-insurance
in accordance with the provisions of that code, and it certifies
that it will comply with such provisions before conunencing the
performance of this agreement.
9. INSURANCE. Housing A~thority, at its sole cost and ex-
pense, shall obtain and maintain in full force and effect throughout
the entire term of this agreement at least the following described
insurance coverage, insuring not only Housing Authority and its
subcontractors, if any, but· also, with the exception of workmen's
compensation and employer's liability insurance, City, its officers,
agents, and· employees, and each of them:
Policy
(a) Work.ID.en's
Compensation
Minimum Limits of Liability
Statutory
(b) Comprehensive Bodily Injury -$100,000 each person
Automobile -$300,000 each occurrence
Liability, in-Property Damage -$100,000 each occurrence
eluding owned,
(c)
hired, and non-
owned automobiles
Comprehensive Bodily Injury
General
-$100,000
-$300,000
-$300,000
Property Damage -$100,000
-$100,000
Personal Injury -$100,000
-$300,000
Liability,
including pro-
tective, com-
pleted opera-
tions, broad
form contractual,
and personal
injury.
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each person
each occurrence
aggregate
each occurrence
aggregate
each occurrence
aggregate
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10. WAIVERS. The waiver by either party of any breach or
violation of any term, covenant, or condition of this agreement
or of any provision, ordinance, or law shall not be deemed to be
a waiver of such tenn, covenant, condition, ordinance, or law or
of any subsequent breach or violation of the same or of any other
term, covenant, condition, ordinance, or law. The subsequent
acceptance by either party of any fee or other money which may
become due hereunder shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any term,
covenant, or condition of this agreement or of any applicable
law or ordinance.
11. COSTS AND ATTORNEYS' FEES. The prevailing party in any
action brought to enforce the terms of this agreement or arising
out of this agreement may recover its reasonable costs and
attorneys' fees expended in connection with such an action frvm
the other party.
12. NONDISCRIMINATION. No dis~rimination shall be made in
the employment of persons under this agreement because of the
race, color, national origin, ancestry, or religion of such person.
If the value of this agreement is, or may be Five Thousand Dollars
($5,000) or more, Housing Authority agrees to meet all require-
ments of the Palo Al to i-tunicipal Code pertaining to nondiscrimina-
tion in employment and to complete and submit th~ Compliance
R~port--Nondiscrimination Provisions of City of Palo Alto Contracts"
on the form furnished by City.
If Housing Authority is found in violation of the nondiscrimina-
tion provisions of the State of California Fair Employment
Practices Act or similar provisjons of federal law or executive
order in the performance of this agreement, it shal.l thereby be
found in material breach· of this agreement. Therettpon1 City
shall have the power to cancel or suspend this agreement, in
whole or in part, or to deduct from the amount payable to
Housing Authority the sum of Twenty-five Dollars· {$25) for each
person for each calesidar day during which such person was dis-
criminated against, as· damages for said breach· of contract, or
both. Only a finding of the· State of california·Fair Employment
Practices Conunission or the equiva·lent federal agency or officer
shall constitute evidence of a violation of contract under this
paragraph.
If Housing Authority is found in violation of the nondis-
crimination provisions of this agreement or the applicable
affirmative action guidelines pertaining to this· agreement,
Housing Authority shall be found in material breach of this
agreement. Thereupon, City shall have the power to cancel or
suspend this agreement, in whole or in ?art, or to deduct from
the ~-nount· payable to Housing Authority the sum of Two Hundred
Fifty Dollars ($250) for each calendar day during which Housing
Authority is found to have been in such noncompliance as damages
for said breach of contract, or both.
13. AGREEMENT CONTAINS ALL UNDERSTAND.ING$. This document
represents the entire and integrated agreement between City and
Housing Authority and supersedes all prior negotiations, repre-
sentations, or agreements, either written or oral. This document
may be-amended only by written instrument, signed by both City
and Housing Authority. All provisions of this agreement are
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expressly made conditions. This agree~nent shall be governed by
the laws of the State of California.
IN WITNESS WHEREOF, City and Housing Authority have executed
t.~is agreement the day and year first above written.
CITY OF PALO ALTO
ATTEST:
city Clerk
.APPROVED AS TO CONTENT:
City Manager
Assistant Director
of Planning
APPROVED AS TO FORM:
Assistant City Attorney
HOUSING AUTHORITY OF THE
COUNTY OF SANTA CLARA
BY ""f_o_r._,th._e__.B __ o_ar_d.,,.._o_f_C_o_mrru._'_s_s...,i.-o-ners
of the Santa Clara County
Housing Authority
APPROVED AS TO FORM:
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John Burns, Executive Director,
Santa Clara County
Housing Authority