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Home My WebLink AboutMINUTES - 04251989 - 1.6 (2) 114 4 1-060 DATE: April 6, 1989 TO: BOARD OF SUPERVISORS FROM: R.W. GIESE, DIRECTOR OF BUILDING INSPECTION SUBJECT: Modification to Housing Rehabilitation Services Agreement with the City of Martinez. SPECIFIC REQUEST (S) OR RECOMMENDATION (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION• Approve Modification to existing rehabilitation services agreement with the City of Martinez dated December 16, 1980 as recommended by Director of Building Inspection. FISCAL IMPACT• None. BACKGROUND: The existing agreement requires both County and City Building Inspectors to provide inspection services for the Housing Rehabilitation Program. This modification will require only the County Building Inspector to provide inspection services. Number 4 of the attached agreement reflects this change. CONTINUED ON ATTACHMENT YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S) : ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. cc: Director of Bldg. Insp. ATTESTED A "? S, / y?� Community Development Phil Batchelor, Clerk of the City of Martinez Board of Supervisors and County Administrator. BY 1- /1 l/l�7 , DEPUTY /,40 ( H( '!NG REHABILITATION SERVICES AGI(SIT (County and City of Martine 1. Parties and Date. Effective on APR 2 5 1989 the COUNTY OF CONTRA COSTA, a political subdivision of the- State of California, hereinafter referred to as the "County" and the CITY OFMrr;np-7 being a municipal corporation of the State of California, hereinafter referred to as 'City", mutually agree and promise as follows: 2. Housing Rehabilitation Program. County's Building Inspection Depart- ment shall exercise and perform within the City all the powers and duties of the County Housing Rehabilitation Program as exercised and performed by the County Department in the unincorporated territory of the County, except as amended herein. 3. County's Duties. Specifically, the County will operate and administer a voluntary residential code enforcement program accompanied with residential rehabilitation financial assistance as authorized by Section 105, Title 1 of the Housing and Community Development act of 1974, as amended, Section 312 of the Housing Act of 1964, and Title II, Section 8 of the Housing and Community Development Act of 1974, as amended (Section 8 Moderate Rehabilitation Program), and Section 103(A) of the Internal Revenue Code (Mortgage Revenue Bonds) . The operation and administration of the Housing Rehabilitation Program will be guided by the policies attached hereto as Exhibit A, the Section 312 Program and for the Section 8 moderate Rehabilitation Program, by the program regulations promulgated by the U.S. Department of Housing and Urban Development, and the Board of Supervisors of Contra Costa county for home improvement loans pursuant to Section 103(A) of the Internal Revenue Code. Such operation and administration shall include applica- tion processing, determination of financial eligibility, inspection of the premises, preparation of a list of repair items, preparing and noticing the availability of bid packages, selection of contractor, preparation of financial documents for submittal to financial institution with whom County has an agreement, and preparation and execution of a contract document to complete rehabilitation work. The County shall be responsible for inspecting the work of the rehabilita- tion contractor and upon acceptance, the County shall complete ' procedures for payment of contractor. 4. Permits, Inspections. The City shall provide the County with advance familiarization of City Building Regulations and Ordinances. The City shall issue building permits for housing rehabilitation work related to this agreement and shall collect fees based on the City's fee schedule. Inspections shall be made by the County, by qualified building inspectors. County warrants that in conducting inspections and granting final inspection approval, it shall perform the duties of City's Building Inspector, to the extent required by the law. 5. Quarters. County will furnish required furniture, equipment, and forms necessary for operation and administration of the Housing Rehabilita- tion Program at the County Building Inspection Department Headquarters. 6. Employees. No employees now employed by the City shall be taken over by the County, and there are no pension rights of. any employees of the City to be assumed by the County. -1- ` ! 7. Indemnificat.L. a. City hereby waives i .L claims and recourse against the County including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of County, its officers, agents and employees. b. The City shall defend and indemnify the County and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whe- ther directly or indirectly, the organization, development, construc- tion, operation, or maintenance of the Project Housing Rehabilitation Program except for liability arising out of the concurrent or sole negligence of County, if officers, agents or employees. C. In the event County is named as co-defendant the City shall notify the County of such fact and shall represent County in the legal action unless County undertakes to represent itself as co-defendant in such legal action in which event County shall bear its own litigation costs', expenses, and attorney's fees. d. This condition shall not terminate on the date specified in the Agreement but shall remain in full force and effect. S. Insurance. During the entire term of this Contract and any extension or modification thereof, the City shall keep in effect insurance policies meeting the following insurance requirements. a. Liability Insurance. The City shall provide a policy or policies of comprehensive liability insurance, including coverage for owned and non-owned automobiles, naming the County and its officers and employees as additional insureds, with a minimum combined single limit coverage of $500,000 for all damages because of bodily injury, sickness or dis- ease, or death to any person and damage to or destruction of property, including the loss of use thereof, arising from each accident or occur- rence. b. Workers' Compensation. The City shall provide the County with a certificate of insurance evidencing workers' compensation insurance coverage for its employees. c. Additional Provisions. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above specified coverage. Said policies shall constitute primary insurance as to the County, the State and Federal Governments, their officers, agents, and employees, so that other insurance policies held by them shall not be required to contribute to any loss covered under the City's insurance policy or policies. Not later than the effective date of this Contract, the Contractor shall provide the County with a certificate(s) of insurance evidencing the above liability insurance. 9. Term. This agreement shall go into effect as of the date shown in Section 1 immediately upon the signatures of both parties and shall continue in full force unless terminated as provided below. -2- 10. Termination. .. This agreement may be terk ated at the end of any one (1) year period by either the city of the county giving at least six (6) months prior written notice thereof to the other party. b. If either party is in default hereunder (except as to automatic termination under, a) the non-defaulting party may give written notice _of such default, and if it is not corrected within 30 days after mail- ing the notice, this contract may be terminated by the non-defaulting party by giving 10 days' written notice thereof. COUNTY OF CONTRA COSTA (City o own B V�`'�'! B By y Chair, Board of Supervisors Mayor ATTEST: ATTEST: Phil Batchelor, County Administrator and ex-officio Clerk of the Board C y Jerk By / Deputy RECOMME R VAL: FORM APPROVAL AND CERTIFICATION: B I certify that the terms and provi- ecto f� unity Development sions of this agreement are fully l authorized under State and local //0 law and this agreement is executed By !tC in accordance with all applicable Direiet6r of Building Inspection requirements of State and local law. FORM APPROVAL AND CERTIFICATION: 7C, y I certify that the terms and provisions of this agreement are fully authorized under State and local law and this agreement is executed in accordance with all applicable requirements of State and local law. VICT J WESTMAN By Deputy City Attorney i RRP:nb.240 7/28/87 -3-