Loading...
HomeMy WebLinkAbout1978-10-17; City Council; Resolution 55671 2 3 4 5 6 7 8 9 10 11 1% 12 14 1E 1E 17 1E 1: 2c 21 22 2: 24 2E 2( 2'; 2€ RESOLUTION NO. 5567 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, OF SAN DIEGO, CALXFORNIA, FOR THE PROVISION OF RELOCATION SERVICES. APPROVXNG AN AGREEMENT WXTH THE CITY WHEREAS, the City Council of the City of Carlsbad acquires property from time to time necessitating the displacement of businesses, families and/or individuals; and WHEREAS, the City of Carlsbad does not possess the staff resource to comply with requirements set forth in Government Code Section 7260-7274, inclusive; and WHEREAS, the City of San Diego maintains a staff resource capable of providing services to meet the requirement of the above noted section; NOW, TJZZREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad that the agreement shown as Exhibit A, attached hereto and incorporated herein, as though fully set forth is hereby approved; and BE IT FURTHER RESOLVED, that the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting held on 17th I day Of October , 1978, by the Carlsbad City Council by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Lewis and Councilwoman Cas1 er NOES : None ABSENT: Councilman Anear ATTEST : (SEAL) EXBI.BIT A to RESOLUTION 5567 ' This Agreement is hereby made and entered into this 18 day of October , 1'978, - by and between the City of Carlsbad (hereinafter referred to as "CARLSBAD") and the City of San Diego (hereinafter referred to as "SAN DIEGO") WITNESSETH WHEREAS, Carlsbad does not possess the staff or experience at this time to provide, when and where necessary, adequate relocation services under the California Relocation Assistance Act (Government Code Section 7260-7274 inclusive) P (hereinafter referred to as wRelocation Act") ; and WHEREAS, Carlsbad desires that San Diego perform from time to time on Carlsbad's behalf certain work with respect to providing relocation services in accordance with the Relocation Act and the rules and regulations issued pursuant thereto by the State of California, Department of Housing and Community Development, WHEREAS, San Diego maintains a staff equipped to provide such relocation services and is willing to undertake such work on Carlsbad's behalf upon the following terms and conditions; -1- -_,__. _. , .._I-__ .I___-^ - -- . . - *- I NOW THEREFORE, it is agreed as follows: 1. San Diego shall perform all required functions relative to the Relocation Act and the rules and regulations issued pursuant thefeto by the State of California, Department of Housing and Community Development when requested to do so by Carlsbad from time to time, Such functions shall include, but not be limited i to, the following specific acts: . 4. (a) Determining the eligibility for relocation benefits of all property owners and tenants affected by each displacing . . project. (b) Calculating, through relocation appraisals or other means, entitlements as to moving expenses and dislocation allowances, rental, down payment and housing supplements, business termination and interest differential payments. (c) Advising affected property owners and tenants of their rights to relocation assistance as provided in the Relocation Act. . (d) Providing the necessary claim forms, information and assistance in cmnplimce with the ;fiRhscatien Act and the rules and regulations issued pursuant thereto by the State of California, Department of Housing and Community Development. (e) Advising Carlsbad as to procedures and other pertinent data pertaining to the aforesaid items. -2- *. 0 0 2. Carlsbad shall: 1 (a) Provide San Diego with copies of acquisition documents, appraisals, and all other required data to enable San Diego to perform the aforesaid work. (b) Bear the entire cost for relocation assistance granted to affected property owners and other occupants under the provisions of the Relocation Act and all subsequent amendments thereto and the rules and regulations of the State of California, Department-of I Housing and Community Development, (c) Reimburse San Diego.on a monthly basis in'an amount equal to the actual cost of.salaries, fringe benefits and fixed . overhead computed at San Diego's prevailing rate, and other necessary expenses incurred by San Diego pursuant to this Agreement. 3. San Diego shall submit a monthly statement reflecting the above expenses for Carlsbad's review and approval, 4. This Agreement shall become effective on the date first above written and may be termina$ed by Carlsbad at any time upon sixty (60) days written notice to San Diego or by San Diego upon sixty (60) days prior written notice to Carlsbad, 5. Any notices which may or must be given by either party to the other hereunder shall be deemed to have been duly given when made by personal service or in writing and deposited for mailing by the United States mail, postage prepaid, addressed as'follows or to such other place as the parties may hereafter in writing direct. . -3- I To SAN DIEGO: Central Relpcation Office City Administration Building 7th Floor 202 nC" Street San Diego, California 92101 Attention: Relocation Administrator To CARLSBAD: Office of the City Manager City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 I 6. Carlsbad shall be responsible for making relocaktl'on' assistance payments approved by San Diego and Carlsbad reserves the right to make final determination in respect to all such payments. 7. San Diego shall maintain complete files and records of all .work done on CarlsbadOs behalf under this Agreement which will be available for inspection by Carlsbad. well as all other information pertaining to the work to be performed under this Agreement, shall remain confidential and shall not be Such files and records, as made available to any individual or organization without prior written approval of Carlsbad. 8; San Diego shall supply a monthly progress report to Carlsbad setting forth the status of its relocation efforts on Carlsbad's . behalf pursuant to this Agreement. additional reports which may be requested by Carlsbad. San Diego shall also provide any 9. Carlsbad shall assume the defense of, indemnify, and save harmless San Diego from all claims, expenses and liability of any -4- r. 0 I nature directly or indirectly arising from or alleged to have arisen from the operations conducted by San Diego pursuant to this Agreement, IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed by the respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year first hereinabove written. I ** THE CITY OF SAN DIEGO ATTEST: V City Clerk THE CITY OF CARLSBAD APPROVED AS TO FORM: 4 / - Mayor City Attorney U -5- -.