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HomeMy WebLinkAbout0171C - COACHELLA VALLEY HOUSING COALITION (CVHC) 072987 Coachella Valley Housing AGREEMENT Coalition (CVHC) - development of a self-help housing program AGR #171 Resolution 486, 9-2-87 THIS AGREEMENT is made as of the 2nd day of September , 1987, by and between the Community Redevelopment Agency of the City of Palm Springs, a public body, corporate and politic (the "Agency") and the Coachella Valley Housing Coalition, a California non-profit corporation (the "Coalition") . RECITALS A. The Agency has undertaken a program for the redevelopment of blighted areas in the City of Palm Springs under the Community Redevelopment Law (California Health and Safety Code Sections 33000, et sec . ) , which requires the Agency to assume certain obligations to increase and improve the supply of low and moderate income housing in the City of Palm Springs. B. The Coalition is an experienced developer of housing for low-income families and has the ability to provide aid and assistance to the Agency in connection with increasing and improving the supply of low and moderate income housing in the City of Palm Springs. C. The Agency desires to contract with the Coalition to develop a self-help housing program for the construction of 20 homes in the City of Palm Springs, and the Coalition agrees to comply with all of the terms and conditions required by said contract. NOW THEREFORE, in consideration of the mutual promises and covenants herein- after contained, the parties agree as follows: 1. The Coalition shall develop an application for a Self-Help Housing Program and shall submit said application to the Department of Housing and Community Development of the State of California (the "Application") . The Coalition shall submit the completed Application to the Agency for review prior to submitting it to the State. The Agency shall review and comment on the Application within fifteen (15) days from receiving it. In the absence of comment from the Agency the Coalition will submit the Application to the State. 2. The Coalition shall submit to the Agency a quarterly progress report within ten (10) days after the end of each quarter of the term of the agree- ment. Within thirty (30) days after the end of the term of the agreement, the Coalition shall submit a final report and evaluation in lieu of the last quarterly report, which shall summarize the progress and problems of the project, a description of activities undertaken, the funding obtained from other sources, the accomplishments of the project, and future plans, if any, for continuing with the project. Said reports shall be in a one to two page narrative form. 3. The Agency agrees to cooperate with the Coalition in the development of the Application and will provide information and assistance, within its abilities, upon request by the Coalition. 4. The Agency shall inform the Coalition of any deficiencies, concerns or potential non-compliance with the terms of this agreement with sufficient advance notice so that the Coalition may remedy any such deficiency, concerns or potential non-compliance. Advance notice of not less than thirty (30) days shall be considered sufficient for the purposes of this paragraph. 5. The Agency shall compensate the Coalition an amount up to a maximum of $25,000 for services rendered under this agreement. Payment for services shall occur on a monthly basis after receipt of a billing from the Coalition detailing the time and materials expended on the contract. Compensation for each stage of the contract and hourly rates for work performed shall be limited to the amounts identified in Attachment A to this agreement, incorporated herein by reference. 6. The Agency shall provide up to a maximum of $100,000 to the self-help housing program to be used towards the construction of homes and the reduction of housing expenses for participating household. The use of these funds may include expenses for land acquisition, technical assistance, interest write-down, interim financing, or other areas which may be approved by the Agency. The specific use of these funds shall be subject to approval by the Agency. Prior to this approval , a schedule for the construction of the homes shall be mutually agreed upon by the Agency and Coalition. 7. Coalition agrees to indemnify, defend and save Agency and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Coalition's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the negligent acts of Coalition, its agents or employees, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the Agency, its agents or employees. 8. The Coalition shall procure and maintain , at its sole expense, Worker's Compensation Insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Coalition and the Agency against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by the Coalition in the course of carrying out the within agreement. A Certificate of Insurance, or other appropriate insurance binder, widening the above insurance coverage with a company acceptable to the City' s Risk Manager shall be submitted to the Agency prior to execution of this agreement on behalf of the Agency. 9. In the event the Coalition is successful in obtaining approval for the self-help housing from the State of California, prior to commencement of construction the Coalition shall provide proof of insurance as follows: a. During the entire term of this agreement, Coalition agrees to procure and maintain public liability insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of the Agency or Coalition, or any person acting for the Agency or Coalition, or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activi- ties of the Agency, or Coalition, or any person acting for the Agency or Coalition, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the Agency against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: Bodily Injury $ 500,000 each person $1,000,000 each occurrence $1,000,000 operations Property Damage $ 500,000 each occurrence $ 500,000 aggregate -2- A combined single limit policy with aggregate limits in the amount of $1,000,000 will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name the Community Redevelopment Agency of the City of Palm Springs as an additional insured. If the operation under this Agreement results in an increased or decreased risk in the opinion of the Executive Director, the Coalition agrees that the minimum limits hereinabove designated shall be changed accordingly upon request by the Executive Director; provided, however, that the Coalition may appeal to the Redevelopment Agency within 10 days after any increase is requested and such requirement for increased coverage shall be subject to determination by the Redevelopment Agency. Coalition agrees that provisions of this paragraph as to main- tenance of insurance shall not be construed as limiting in any way the extent to which the Coalition may be held responsible for the payment of damages to persons or property resulting from Coalition' s activities, or the activities of any person or persons for which Coalition is otherwise responsible. b. A Certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company accept- able to the City's Risk Management Officer shall be submitted to the Agency prior to the start of construction. 10. Prior to final approval by the Agency of the use of the additional funding identified in Section #6 above, the Coalition and Agency shall jointly develop and agree to provisions to ensure the ongoing affordability of the housing units developed under the self-help housing program. 11. The term of this contract shall be one (1) year. ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CAL IA .r `Assistant Secretary Chairma REVIEWED AND APPROVED: `� � ATTEST: COACHELLA VALLEY HOUS NG COALITION / 1 7 Secretary President iuvQ li i 1VLlC 4'111F YRPLSS9k1e'VY C /, -3- ATTACHMENT A Schedule of Activities and Payments Estimated Budget Completion Contract Stage Amount Date 1. Start-Up Expenses $ 51000 0 Days 2. Application Stage 15,000 a. Preliminary planning; assessment needs. 30 Days b. Establish list of interested and qualified households. 60 Days c. Identify site availability, actively seek funding for site control . 60 Days d. Prepare preliminary budget; prepare pre- liminary construction cost estimates; and comparisons to contractor-built homes. 90 Days e. Identify sources for construction and permanent financing. 120 Days f. Prepare and submit a California Self-Helf Program application for funding to the State Department of Housing and Community Development. 120 Days 3. Pre-Construction Stage 5,000 a. Secure site control for first group of households; identify sites for second group. 180 Days b. Secure house plans for specifications; prepare final budget and construction cost estimates. 180 Days c. Package first group of applications for construction and permanent financing. 300 Days Hourly Rates for Contract Services Position Hourly Rate Executive Director $45 .00 Self-Help Director 35 . 00 Housing Specialist 30 . 00 Secretary/Clerical 20 .00 CV Housing Coalition (CVHC) Amendment 1 - Extend two yrs. Expiration 10-4-91 AGR #171 Res. 649, 10-4-89 AMENDMENT #1 TO AGREEMENT #171 Paragraph 11 is amended to read "the term of this contract shall be two years from the day the of amendment, or until October 4, 1991. " DATED: ATTEST: COMMUNITY REDEVELOPMENT AGENCY CITY OF PALM SPRINGS, CALIFORNIA B �—A.a§istant Secretary Chairman REVIEWED AND APPROVED: CO HE�LA VALLEY HOUSING COALITION '=''a�l'E�.��',' ., �,.° ��_;`� L'��'v.. C.;!`_auU��✓sl�u'��Il�i` I,;..e.✓l�'t/ -