1 INTERAGENCY AGREEMENT
FOR THE
EMERGENCY HOUSING VOUCHER
PROGRAM
This Interagency Agreement is made and entered into this 1st day of December, 2021 (the “Effective Date”) by and between the Los Angeles County Development Authority, (hereinafter referred to as “LACDA”) and the City of Redondo Beach, a chartered municipal corporation (hereinafter referred to as “PHA”).
RECITALS
WHEREAS, the LACDA accepted the U.S. Department of Housing and Urban Development’s (“HUD”)’s invitation to receive 1,964 Emergency Housing Vouchers (EHV) and PHA accepted HUD’s invitation to receive 29 EHVs, as may be increased by HUD from time to time to either or both, as part of the American Rescue Plan Act, to target individuals and families experiencing homelessness, at risk of experiencing homelessness, fleeing, or attempting to flee domestic violence or human trafficking, or were recently homeless and for whom providing rental assistance will prevent homelessness or having a high risk of housing instability;
WHEREAS, on occasion, the LACDA EHV program participants may desire to lease a unit within PHA’s jurisdiction;
WHEREAS, on occasion, the PHA EHV program participants may desire to lease a unit within LACDA’s jurisdiction;
WHEREAS, representatives of the LACDA and PHA believe that it would be mutually beneficial, and a public service to accommodate such participants; WHEREAS, the LACDA and PHA will ensure compliance with the terms and conditions of their respective HUD EHV Grant Agreements.
NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the parties agree as follows:
1. PARTIES
The parties to this Agreement are:
A. LACDA:
The Los Angeles County Development Authority, a public body, corporate and politic under the laws of the State of California, having its principal office at 700 West Main Street, Alhambra, CA 91801.
2 B. PHA:
The City of Redondo Beach, a chartered municipal corporation under the laws of the State of California, having its principal office at 415 Diamond Street, Redondo Beach, CA 90277.
2. COMPENSATION
There shall be no compensation for any services described in this Agreement.
3. TERM
This Agreement shall commence on the Effective Date and shall remain in effect for the duration of the EHV program, unless earlier terminated in accordance with Paragraph 6 below.
4. LACDA RESPONSIBILITIES
The LACDA will perform all EHV program contract administration duties associated with its allocation of HUD EHVs. Such duties shall include those associated with vouchers utilized within PHA’s jurisdiction, which PHA hereby authorizes.
5. PHA RESPONSIBILITIES
PHA will perform all EHV program contract administration duties associated with its allocation of HUD EHVs. Such duties shall include those associated with vouchers utilized within the LACDA’s jurisdiction, which the LACDA hereby authorizes.
6. TERMINATION FOR CONVENIENCE
During the term of this Agreement, the LACDA or PHA may terminate this Agreement upon thirty (30) days’ prior written notice (the “Notice of Termination.”). The Executive Director of LACDA or City Manager of PHA, or respective designee of each agency, is hereby authorized to give said Notice of Termination. The Notice of Termination shall specify the date upon which such termination becomes effective.
7. SUBCONTRACTING
Neither party shall subcontract any of its responsibilities under this Agreement or permit subcontracted responsibilities to be further subcontracted without the prior written approval of the other party.
8. ASSIGNMENT
This Agreement or any provision thereof or any right or obligation arising 3 hereunder is not assignable by the LACDA nor PHA in whole or in part without the prior written consent of the other party to this Agreement.
9. INDEMNIFICATION
9.1 PHA. PHA shall defend, indemnify and hold the LACDA and the LACDA's officers, directors, agents, servants, attorneys, employees and contractors harmless from and against all liability, loss, damage, costs, or expenses (including reasonable attorneys' fees and court costs) (all of the foregoing collectively, "Liabilities") arising from or as a result of the death of any person or any accident, injury, loss or damage whatsoever caused to any person or to the property of any person and which shall be, or alleged to be, directly or indirectly, caused by any acts done thereon or any errors or omissions of PHA or its officers, directors, agents, servants, attorneys, employees or contractors. PHA shall not be responsible for (and such indemnity shall not apply to) any acts, errors or omissions directly or indirectly caused by the LACDA, or the LACDA's respective officers, directors, agents, servants, attorneys, employees or contractors. The LACDA shall not be responsible for any acts, errors or omissions of any person or entity except the LACDA and the LACDA's respective officers, agents, servants, employees or contractors.
PHA’s obligations under this Subsection 9.1 shall survive the expiration or termination of this Agreement.
9.2 LACDA. The LACDA shall defend, indemnify and hold PHA and PHA's officers, directors, agents, servants, attorneys, employees and contractors harmless from and against all Liabilities arising from or as a result of the death of any person or any accident injury, loss or damage whatsoever caused to any person or to the property of any person and which shall be, or alleged to be, directly or indirectly, caused by any acts done thereon or any errors or omissions of the LACDA or its officers, directors, agents, servants, attorneys, employees or contractors. The LACDA shall not be responsible for (and such indemnity shall not apply to) any acts, errors or omissions directly or indirectly caused by PHA, or PHA's respective officers, directors, agents, servants, attorneys, employees or contractors. PHA shall not be responsible for any acts, errors or omissions of any person or entity except PHA and PHA’s respective officers, agents, servants, employees or contractors.
The LACDA's obligations under this Subsection 9.2 shall survive the expiration or termination of this Agreement
10. INDEPENDENT CONTRACTOR STATUS
The LACDA and PHA shall perform the services as contained herein as independent contractors, not as an employee of the other party or under the other party’s supervision or control. This Agreement is by and between the LACDA and PHA, and not intended, and shall not be construed, to create the 4 relationship of agent, servant, employee, partnership, joint venture, or association, between PHA and the LACDA.
11. SEVERABILITY
In the event that any provision herein contained is held to be invalid, void, or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provisions shall be deemed valid to the extent of the scope or breadth permitted by law.
12. INTERPRETATION
No provisions of this Agreement are to be interpreted for or against either party because that party or that party’s legal representative drafted such provision, but this Agreement is to be construed as if drafted by both parties hereto.
13. WAIVER
No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any breach of the same or any other provision hereof.
14. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements between parties, constitutes the entire understanding and agreement of the parties.
15. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Contract.
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5 SIGNATURES
IN WITNESS WHEREOF, LACDA and PHA have executed this Agreement through their duly authorized officers as follows.
LOS ANGELES COUNTY CITY OF REDONDO BEACH,
DEVELOPMENT AUTHORITY, a chartered municipal corporation a public body, corporate and politic
By _____________________________ By ______________________________ Emilio Salas, William C. Brand,
Executive Director Mayor
Date ____________________________ Date ____________________________ APPROVED AS TO FORM: APPROVED AS TO FORM:
RODRIGO A. CASTRO-SILVA CITY ATTORNEY
COUNTY COUNSEL
By_______________________________ By_______________________________ Elizabeth Pennington Michael W. Webb
Deputy County Counsel City Attorney
Date ____________________________ Date ____________________________ ATTEST:
CITY CLERK
By _______________________________
Eleanor Manzano
City Clerk