HomeMy WebLinkAboutResolution 2009-156 N.C.S. 09/21/2009Resolution No. 2009-15 6 N. C. S .
of the City of Petaluma, California
RENEWING AN AGREEMENT BETWEEN THE CITY OF PETALUMA AND THE
SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION TO
ADMINISTER THE MOBILE HOME RENT STABILIZATION PROGRAM
WHEREAS, the City of Petaluma has adopted a Mobile Home Rent Stabilization
Ordinance for mobile home parks in the community; and,
WHEREAS, the City entered into an agreement with the Sonoma County Community
Development Commission (the Commission) to administer that ordinance; and,
WHEREAS, that agreement is due for renewal for another three-year term; and,
WHEREAS, the City wishes to contract with the Commission to continue to administer
the ordinance for the period of 2009-2012.
NOW, THEREFORE, BE IT RESOLVED that the Petaluma City Council approves
the Agreement (Exhibit A to this resolution) and authorizes the City Manager or his designee to
sign all necessary documents.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: 1 hereby certify the foregoing Resolution was introduced and adopted by the App w d as to
Council of the City of Petaluma at a Regular meeting on the 21 S` day of September, fir
2009, by the following vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Babbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
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ATTEST:
City Clerk
City
Resolution No. 2009-156 N.C.S. Page 1
Exhibit A to Resolution 2009-156 N.C.S.
AGREEMENT
BETWEEN THE CITY OF PETALUMA AND
THE SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION
FOR ADMINISTRATION OF PETALUMA. MOBILEHOME RENT STABILIZATION PROGRAM
AND HOLD HARMLESS, INDEMNIFICATION AND DEFENSE AGREEMENT
THIS CONTRACT, made this day of 2009, by and between the Sonoma County
Commission Community Development Commission, hereinafter called "Commission," and City
of Petaluma, hereinafter called "City."
WHEREAS, City has adopted a rent stabilization ordinance and program for mobilehome
parks within City modeled upon one adopted by the Sonoma County Commission Board of
Supervisors; and
WHEREAS, the current agreement between the Commission and City expired on June 30,
2009; and
WHEREAS, City desires to have Commission continue to administer said program within
the City boundaries, and Commission has expertise and staff to continue such services.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
hereto agree as follows:
1. SCOPE .OF SERVICE: Commission shall administer the mobilehome rent
stabilization ordinance of City (attached hereto and incorporated herein by reference as Exhibit
"A") in a like manner to the comparable Sonoma County Mobilehome Park Space Rent
Stabilization Ordinance. Said administrative services shall include (1) providing day-to-day
responses to citizen inquiries regarding the City ordinance; (2) providing administrative services
to process arbitration petitions; (3) locating and retaining arbitrators for administrative hearings
under the City ordinance, who have certified to the Commission that they meet the
Commission's selection criteria; and (4) arranging a location for administrative hearings and
other meetings required by the City ordinance. The City understands and agrees that the
Commission and its staff may be required to apply and interpret the rent stabilization ordinance
of City in connection with such services, and agrees that Commission shall have no liability for
any claim arising from Commission's good faith interpretation and application of the ordinance,
so long as Commission uses reasonable efforts to consult with and keep City informed regarding
such interpretation and application. If requested by Commission, City staff will promptly provide
guidance to Commission regarding issues arising under the City ordinance; however, nothing in
this Agreement shall require Commission to request such guidance. Commission shall not be
required to make determinations under the City ordinance with respect to the timeliness of
petitions, the adequacy of financial information provided by parties, and similar issues if such
issues are disputed, it being understood and agreed that such questions may be determined by
the arbitrator. Nothing in this Agreement shall require Commission staff to take. any action it
deems, in its reasonable sole judgment, unlawful or likely to result in liability to Commission.
2. INDEMNIFICATION AND DEFENSE: City acknowledges that Commission's
performance of services under this Agreement may give rise to claims and litigation against
Commission or its employees, officers, or agents by mobilehome park owners or residents, and
that such claims and litigation may, for tactical or other reasons, allege negligence or
intentional misconduct on the part of Commission or its employees, officers, or agents.
Notwithstanding the nature of the claims, liabilities, actions, or litigation asserted or alleged
against Commission or its employees, officers, or agents, City agrees to indemnify, defend, and
Resolution No. 2009-156 N.C.S. Page 2
hold harmless Commission, and its agents (including arbitrators retained by Commission under
this Agreement), officers, and employees, from and against any and all claims, liabilities, actions,
or litigation of any kind whatsoever arising out of or related to Commission's performance of
services under this Agreement ("Claims"), to the maximum extent permitted by law. In
connection with the foregoing, City's obligation to indemnify and defend Commission shall exist
unless and until City establishes, by clear and convincing evidence, that Commission's
performance of services fell significantly below the standards applicable to providers of
administrative services for a rent stabilization program. City shall defend Commission at City's
own expense with counsel selected by City, subject to Commission's approval of counsel, which
approval shall not be unreasonably withheld. In addition to City's obligation to defend
Commission as provided above, City shall have an obligation to provide or approve separate
counsel to defend Commission, at City's expense, only in the event of an identified conflict of
interest between City and Commission.
City understands and acknowledges that the City's agreement to indemnify and defend
Commission against all Claims pursuant to this Section 2 was a material inducement for
Commission to enter into this Agreement.
3. TERMINATION: Either party hereto may terminate this agreement upon thirty days
notice of the intent to terminate this agreement, with service of said notice being made as
follows:
COMMISSION:
Kathleen H. Kane, Executive Director
Sonoma County Community Development Commission
1440 Guerneville Road
Santa Rosa CA 95403
CITY:
Bonne Gaebler, Housing Administrator
City of Petaluma
11 English Street
Petaluma, CA 95403
4. Commission will be paid for all services rendered. Commission will be paid at the
rate of $85.00 per hour for services rendered in the administration of the City mobilehome rent
stabilization ordinance. Annual services are anticipated not to exceed. one hundred eight (108)
hours per year. Invoices shall be sent to the City periodically. Services in excess of one hundred
eight (108) hours must be negotiated and the subject matter of a separate written modification
of this contract. Where arbitrators are deemed to be necessary, they shall be paid by
Commission and reimbursed by City for actual amount incurred.
5. SERVICES LIMITED TO ADMINISTRATION: The Ordinance policy, findings and/or
language adopted by City is solely the responsibility of City.. Commission shall not be expected
to defend said policy, findings and/or language or litigate cases which challenge the law's
facial validity except as may hereafter be agreed by separate written modification of this
contract. Commission shall not be expected to take any affirmative action to enforce the City
ordinance or to enforce the terms of any arbitration decision.
b. INCIDENTAL LEGAL SERVICES RELATED TO ADMINISTRATION OF CITY PROGRAM:
City shall pay the Commission at the rate of $200 per hour for County Counsel services provided
to City in counseling Commission staff regarding the administration of City's rent stabilization
program. Commission Counsel shall not be responsible for recommending or suggesting
modifications of the language of City's ordinance. City agrees that if requested it will promptly
consult with Commission Counsel on any issue relating to the City ordinance, any arbitration
Resolution No. 2009-156 N.C.S. Page 3
proceeding requested under the City ordinance, or any other issue relating to the performance
of services by Commission under this Agreement. Annual services from Commission Counsel are
not anticipated to exceed ninety (90) hours per year. If services necessary to administer said
program appear to exceed this estimate, City may elect to involve its City Attorney in place of
Commission Counsel. Additional legal services in excess of ninety (90) hours per year must be
negotiated and the subject matter of a separate written modification of this contract.
7. NO INTENDED THIRD PARTY BENEFICIARIES.: The parties hereto agree and
acknowledge that this contract does not provide for any intended third party beneficiaries, and
no suit against either party may be based upon such a claim. This agreement shall be
enforceable only by the parties hereto.
8. TERM AND RENEWAL: The term of the agreement shall commence July 1, 2009
and end June 30, 2012. The rates under section 4 and 6 may be amended annually effective
July 1st to reflect the actual cost to Commission of providing services.
9. RECORDS: Except for materials that may be subject to the attorney-client
privilege, records maintained by the Commission in the administration of City's rent stabilization
program are City's. All such documents shall be returned to City upon the expiration of this
agreement.
10. AMENDMENTS TO CITY RENT STABILIZATION ORDINANCE: Any and all changes or
proposed changes to the City rent stabilization ordinance shall be promptly communicated to
the mobilehome specialist at the Commission with sufficient notice to accommodate
administrative adjustments that may become necessary to implement the change or changes
in the City ordinance.
11. MERGER: This is intended both as the final expression of the agreement between
the parties with respect to the included terms, and as a complete and exclusive statement of
the terms of agreement, pursuant to Code of Civil Procedure Section 1856. No modification of
this agreement shall be effective unless and until such modification is evidenced by a writing
signed by both parties.
IN WITNESS WHEREOF THE PARTIES HAVE CAUSED THIS INSTRUMENT TO BE DULY EXECUTED.
Date:
Dated:
Dated:
Dated:
CITY OF PETALUMA:
By:
City Manager
APPROVED AS TO FORM:
By:
City Attorney
COMMISSION:
By:
Executive Director
APPROVED AS TO FORM.:
By:
County Counsel
Resolution No. 2009-156 N.C.S.
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