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HomeMy WebLinkAboutCOMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA 1b-2008S Z• COOPERATNE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COMMUMTY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA (ENTERPRISE ZONE APPLICATION) A-2008-094-01 THIS AGREEMENT is entered into this J day of MaY , 2008, by and between the COMMilNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, a public body corporate and politic (the "Agency"), and the CITY OF SANTA ANA, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (the "City"). WITNESSETH A. The Agency is undertaking certain activities necessary for the execution of the City of Santa Ana redevelopment projects (the "Projects") under the provisions of the Califomia Cormunity Redevelopment Law (Health and Safety Code Section 33000 et seq.) and pursuant to the redevelopment plans for the Projects. B. The City of Santa Ana applied to the State of Califomia and received a fifteen year Enterprise Zone (EZ) designation in 1993. This designation is scheduled to expire on June 7, 2008. C. The Enterprise Zone program was created by the State of California for the purpose of stimulating the economy in areas that are deemed to be economically challenged. The program helps create new jobs and reduce blight. D. The Agency desires to contract with the City for the Agency to provide funds to the City to assist in funding the consultant that will assist in the completion of the procedure necessary to obtain a new fifteen year Enterprise Zone designation. E. On January 31, 2008, the Department of Housing and Community Development (HCD) awarded a conditional designation to the Santa Ana Enterprise Zone. This new designation will become effective on June 8, 2008. On March 17, 2008, a letter from HCD was mailed to the City of Santa Ana specifying the conditions the City must satisfy in order to obtain final designation. The consultant will assist with meeting the conditions outlined in the letter in order to receive final designation. F. The Agency is willing to contribute funding for the consultant as the designation of Enterprise Zone will assist the Agency with its ongoing redevelopment activities. NOW, THEREFORE, the parties hereto do mutually agree as follows: SCOPE OF WORK The City had distributed a Request for Proposals (RFP) to ten consultant firms and Tassa Consulting Group, LLC (Tassa) was the most qualified and experienced consultant. Agency shall provide the City with an amount not to exceed $30,000.00 to be applied towards the ageement with Tassa to perform all additional tasks that are necessary to receive final designation including, but not limited to: meeting the conditions outlined in the letter from HCD to receive final designation, negotiating and finalizing a Memorandum of Understanding between the City of Santa Ana and HCD, assist with the approval by HCD of a Targeted Employment Area (TEA) for Santa Ana, assist with expanding the Santa Ana Enterprise Zone to recapture areas of the city that were in the previous Enterprise Zone but did not qualify for the new Enterprise Zone, compiling requisite information, data and studies, preparing tables and maps; drafting and editing various nazrative sections; and attending meetings and public heazings as requested. 2. COMPENSATION AND METHOD OF PAYMENT The Agency shall pay the City an amount not to exceed $30,000.00 to be applied to the total compensation for Tassa Consulting Group, LLC to perform all services pertaining to the completion of the application for Santa Ana to be designated as an Enterprise Zone. From the time the City incurs the cost of any pazticulaz work subject to this Agreement to the time the Agency reimburses the City for that cost, the amount due to the City for such improvement work shall beaz interest at the rate of the average City return on investment, as the same may change from time to time. Except as maybe otherwise provided (1) by separate agreement between the City and the Agency, or (2) by budget appropriations or appropriation adjustments approved by the City and the Agency, the amount to be paid by the Agency hereunder shall be paid in the same fiscal yeaz as the year in which the debts are incurred by the City. 3. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of Section 895.2 of the Government Code of the State of Califomia imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Section 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it, or any of its officers, agents or employees by law for injury caused by negligent or wrongful act or omission occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose each party indemnifies and holds harmless the other party for any loss, costs or expense that maybe imposed upon such other party solely by virtue of said Section 895.2. The provisions of Section 2778 of the Califomia Civil Code are made apart hereof as if fixlly set forth herein. 4. EFFECTIVE DATE OF AGREEMENT This Agreement shall take effect from and after the date of adoption and approval by the City and the Agency pursuant to official action of the governing bodies thereof and shall be effective for a duration not to exceed the time necessary for the City to complete the work and for the Agency to pay the City in full. This Agreement shall apply to all activities carried out by the parties as set forth in Section 1 hereto. IN WITNESS WHEREOF, the parties hereto have executed this Ageement the date and year first above written. ATTEST: CITY OF SANTA ANA ~~ ~~ 1 ,,.Patricia E. Healy Clerk of the Ca~ncil ATTEST: W L' ~~ Patricia E. H a y Secretary APPROVED AS TO FORM: Joseph W. Fletcher City Attorney/Agency General Counsel By: Lisa E. Storck Asst. City Attorney/Asst. Counsel B David N. Ream City Manager COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA by l~G~/ .~'~tephen G. H ding Executive Director