HomeMy WebLinkAboutSan Diego, City of; 1978-10-20;rr -*
RESOLUTION NO. 5567
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING AN AGREEllENT WITH THE CITY OF SAN DIEGO, CALIFORNIA, FOR THE PROVISION OF RELOCATION SERVICES.
WHEREAS, the City Council of the City of Carlsbad acquii
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
Section 7260-7274, inclusive; and
WHEREAS, the City of San Diego maintains a staff resourc
meet the requirement of the
NOW, THEREFORE, BE IT RESOLVED by the City Council of th
nt shown as Exhibit A, attac
s though fully set forth is
BE IT FURTHER RESOLVED, that the Mayor of the City of Ca
to execute said agreement o
PASSED, APPROVED AND ADOPTED at a regular meeting held o
o 1978, by the Carlsbad City Counc
Councilmen Packard, Skotnicki, Lewis and Councilwoman Casler
ABSENT: Councilman Anear KBu/ KARD, Mayor
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EXHIBIT A to
RESOLUTION 5567
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AGREEmNT
This Agreement is hereby made and entered into this 18
, 1978, by and between the City of Carlsbad - day of October
(hereinafter referred to as "CAFXSBAD") and the City of S'cn Diego
(hereinafter referred to as "SAN DIEGQ") D
WITNESSETH
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bJHEREAS, Carlsbad does not possess the staff or experience at
this time to provide, when and where necessary, adequate relocatic
services under the California Relocation Assistance Act (Govermer
Code Section'7260-7274 inclusive)
"Relocation Act") : and
(hereinafter referred to as
WHEREAS, Carlsbad desires th'at San Diego perform from time
to time on Carlsbad's behalf certain work with respect to providin
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;
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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 pursu,
thereto by the State of California, Department of Housing and
Community Development when requested to do so by CarPsbad from
time to time. Such functions shall include, but not be limited
I to, the following specific acts:
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(a) Determining the eligibility for relocation benefit:
of all property owners and tenants affected by each displacing
project .
(b) CalculatingP through relocation appraisals or othe:
meansP entitlements as to moving expenses and dislocation allowai
rentalP down payment and housing supplements, business terminatii
and interest differential payments.
(c) Advising affected property owners and tenants of
their rights to relocation assistance as provided in the Relocat
Act.
(d) Providing the necessary claim forms, information a
assistarace in compllmce wit3 the Relocathn Act and the rules a
regulations issued pursuant thereto by the State of California,
Department of Housing and Community Development,
(e) Advising Carlsbad as to procedures and other perti
data pertaining to the aforesaid items.
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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 pursuE
thereto 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
to, the following specific acts: 1 --.
(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 allowan
rental, down paynent and housing supplements, business terminatio
and interest differential payments.
(c) Advising affected property owners and tenants of
their rights to relocation assistance as provided in the Relocati
Act,
(dl Providing the necessary claim forms, information an
assistance ir; complisnce with the R~LOCS~~GPP, -&et and the rules am
regulations issued pursuant thereto by the State of California,
Department of Housing and Community Development,
(e) Advising Carlsbad as to procedures and other pertint
data pertaining to the aforesaid items,
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2. Carlsbad shall:
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(a) Provide Sqn Diego with copies of acquisition docume
appraisals, and all other required data to enable San Diego to
perform the aforesaid work.
(b) Bear the entire cost for relocation assistance gran
to affected property owners and other occupants under the provisi
of the Relocation Act and all subsequent amendments thereto and t
rules and regulations of the State of California, Department -of
Housing and Community Development.
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(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 neces:
expenses incurred by San Diego pursuant to this Agree7ent.
3. San Diego shall submit a monthly statement reflecting tha
above expenses for Carlsbad's review and approval.
4. This Agreement shall become effective on the date first
above written and may be terminated 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 eir mask be given by either party
to the other hereunder shall be deemed to have been duly given whe
made by personal service or in writing and deposited for mailing k
the United States mail, postage prepaidp addressed as'follows or t
such other place as the parties may hereafter in writing direct.
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To SAN DIEGO: Central Relocation Office
City Administration Building
7th Floor
202 "C" Street
San Diego, California 92101
Attention: Relocation Administrato:
Office of the City Manager City of Carlsbad
1200 Elm Avenue Carlsbad, California 92008
To CARLSBAD:
6, Carlsbad shall be responsible for making reloca&on
assistance payments approved by San Diego and Carlsbad reserves
right to make final determination in respect to all such payment
7, San Diego shall maintain complete files and records of
work done on Carlsbad's behalf under this Agreement which will b
available for inspection by Carlsbad. Such files and records, a
well as all other information pertaining to the work to be perfo
under this Agreement, shall remain confidential and shall not be
made available to any individual or organization without prior
written approval of Carlsbad.
8. San Diego shall supply a monthly progress report to Car
setting forth the status of its relocation efforts on Carlsbad's
behalf pursilarrt to this kcgxxnent. San piego shall. nLso provide
additional reports which may be requested by Carlsbad.
9. Carlsbad shall assume the defense of,' indemnify, and sa
harmless San Diego from all claims, expenses and liability of an
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To SAN DIEGO: Central Relocation Office
City Administrqtion Building
7th Floor
202 "C" Street
San Diego, California 92101
Attention: Relocation Administrat01
Office of the City Manager City of Carlsbad
1200 Elm Avenue Carlsbad, California 92008
To CARLSBAD:
6, Carlsbad shall be responsible for making reloca&=on -
assistance payments approved by San Diego and Carlsbad reserves 1
aright to make final determination in respect to all such payment:
San Diego shall maintain complete files and records of E
work done on Carlsbad's behalf under this Agreement which will be
available for inspection by Carlsbad, Such files and records, as
well as a11 other information pertaining to the work to be perfoi
under this Agreement, shall remain confidential and shall not be
made available to any individual or organization without prior
written approval of Carlsbad,
7.
8. San Diego shall supply a monthly progress report to Carl
setting forth the status of its relocation efforts on Carlsbad's
behalf pursuant to this Agreement, San Diegc shall ELSQ p.wvi.de
additional reports which may be requested by Carlsbad.
9. Carlsbad shall assume the defense of, indemnify, and sa\
harmless San Diego from a11 claims, expenses and liability of ani
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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 authorin
the provisions of which Agreement are effective as of the day,
I month and year first hereinabove written. 4.
THE CITY OF SAN DIEGO THE CITY OF CARLSBAD
BY BY &Jk 4edd
RONALD C. PACKARD, Mayor
ATTEST :
kki. City Clerk $ug&mw-&
B
APPROVED AS TO FORM:
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