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HomeMy WebLinkAboutR-6094 Agreement with the County of SLO for Relocation Assistance Associated with 148-182 HigueraRESOLUTION NO. 6094 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AGREEMENT WITH THE COUNTY OF SAN LUIS OBISPO FOR RELOCATION ASSISTANCE SERVICES ASSOCIATED WITH 148 -182 HIGUERA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the agreement with the County of San Luis Obispo for relocation assistance services associated with 148 -182 Higuera Street has been reviewed and is approved and the Mayor is authorized to execute the same. On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted.this 7th day of October , 1986. ATT T: CITA CLERK PAMELA—VIr APPROVED: City Administrative Officer City Attorney R 6094 Vii; /� ��a��e �v��c AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS OBISPO FOR RELOCATION ASSISTANCE SERVICES ASSOCIATED WITH 148 -182 HIGUERA STREET This Agreement is made and entered into this ZtJ day of October, 1986, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, ( "City ") and the COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of California, ( "County "); jointly referred to hereinafter as the "parties ". RECITALS The parties enter into and execute this Agreement with knowledge of and reliance upon the following facts: 1. City, by adoption of its Capital Facilities Plan, intends to widen Higuera Street, north of the intersection with Madonna Road, in fiscal year 1987 788 (the "project "). In order to do so, the'City must acquire land for right -of -way purposes from several property owners. 2. In November, 1985, City acquired an Option to purchase the parcel commonly known as 148 -182 Higuera Street. The Option must be exercised by November 15, 1986, with escrow to close by January 15, 1987. 3. If City exercises the Option, and proceeds with the project, City will need to relocate the tenants of the existing buildings at 148 -182 Higuera Street. 4. City requires relocation assistance services to be performed in conjunction with its real property acquisition activities for the completion of the project. 5. City wishes to conform to the Federal and State Public Relocation Assistance and Real Property Acquisition Policy Acts, also known as Public Law 91 -646 (42 U.S.C. Section 4601,. et seq) and California Government Code Sections 7260 to 7274, inclusive. V 6. California Government Code Section 7261.5 provides that any public entity may, in order to prevent unnecessary expenses and duplication of functions, and to promote uniform and effective administration of relocation assistance programs, utilize the services of other agencies having an established organization for conducting relocation assistance programs. T. City desires to have County perform said relocation assistance services on its behalf. 8. County has qualified Right of Way personnel and is willing to provide these relocation.assistance services. 9. City and County mutually desire.to cooperate and participate in providing for.accomplishment of work as defined herein and desire to specify herein the terms and conditions under which the services will be provided and financed.. AGREEMENT NOW, THEREFORE, in consideration of the mutual and respective covenants and promises set forth herein and subject to all the terms and conditions hereof, the parties agree as follows: SECTION I. COUNTY AGREES: 1. To provide.relocation assistance services for City in accordance with applicable State and Federal laws; to tenants of existing buildings at 148 -182 Higuera Street, San Luis Obispo, CA, displaced by the project. Said services shall conform procedurally to County's Relocation Assistance Rules and Regulations for the County of San Luis Obispo and are more specifically defined as follows: -2- A. Determine eligibility of displacees to receive relocation assistance payments and services. B. Calculate the amount of relocation assistance payments to be made to eligible displacees. C. Advise displacees of their rights to relocation advisory assistance and payments. D. Provide advisory assistance to displacees in locating replacement property. E. Provide claim forms to displaced persons, assist them in filing, and process all relocation claims (including submittal of claims and documents pertinent to the determination thereof to City for review and disbursement of funds). 2. To provide City with a written analysis of relocation housing resources. 3. To bill City for advance deposit(s) as specified in Section II, Clause 1. Said deposit amount(s) will assure that City funds will finance the ongoing expense of the County. 4. To accumulate all project costs in a separate account and to furnish City with a detailed statement of costs upon completion of services by the County on the project. 5. To refund to City upon completion of project any advanced funds which exceed the final accounting of expenditures for City's project, after any remaining County costs have been deducted from City's deposit.. 6. To make available for City's inspection at any reasonable time project cost records. County agrees to maintain its project cost records until June 30, 1988, or for one year following completion of services, whichever occurs later. -3- Ci 7. To operate a City vehicle at all times that County personnel are. acting for or on behalf of the City or otherwise performing under this Agreement SECTION II CITY AGREES: 1. To deposit with County within 30 days of receipt of billing therefor, an advance deposit of Fifteen Thousand Dollars ($15,000), which figure represents the estimated total project costs to,County for performing the relocation assistance services referred to in this Agreement. If the deposit proves to be inadequate to fund the cost of said services, then City agrees to increase the amount of'the deposit by executing a written supplement to this Agreement. 2. To pay County, within 30 days of receipt of final billing at completion of project, any remaining project costs due County for performing relocation assistance service in excess of the original or any supplemental deposit. 3. To provide close liaison with County during the City's acquisition of real property for the purpose of closely coordinating the acquisition and relocation functions. City shall furnish all legal assistance required by County personnel in the performance of the relocation services rendered pursuant to this Agreement. 4. To notify County promptly, in writing, when City obtains control of the property, either by close of escrow, Order of Possession, Judgment in Condemnation, or consent of the property owners. 5. To furnish to County copies of appraisal reports, acquisition documents or any additional data required by County in order to provide . relocation services. -4- Lo 6. To review all claims for relocation assistance payments which have been processed and submitted by County and promptly disburse funds to claimants. City will advise County when each such payment has been made. 7. To defend, indemnify and save County, its officers, agents and employees harmless, to the extent of the County's self- insured retention, but in no event greater than Two Hundred Fifty Thousand Dollars, from any and all claims, demands, costs, expenses, judgments, or liability for injuries to persons or damage to property caused or resulting in any manner from County's performance under this Agreement, including, without limitation, injuries to persons or damage to property caused or resulting from the sole negligence of County, its officers, agents and employees. 8. The County, its officers, agents and employees, shall give the City the benefit of their best judgment and efforts in rendering the services set forth herein. The City agrees as an inducement to the undertaking of these services by the County that the County, its officers, agents and employees, shall not be liable for any loss suffered by the City resulting from any error of judgment or any mistake of law or fact in connection with any matters to which this contract relates, except that nothing herein contained shall be construed to protect the County, its officers, agents and employees against any liability by reason of willful misfeasance, bad faith or gross negligence in the performance of County's duties or by reckless disregard of County'.s obligations or duties under this contract. 9. To provide a City vehicle for use by County personnel at all times that County personnel are acting for or on behalf of the City or otherwise performing under this Agreement. -5- V, W o c� SECTION III IT IS MUTUALLY UNDERSTOOD AND AGREED: 1. That the City will compensate the County for the cost of the relocation assistance services provided pursuant to this Agreement. Compensation to County shall include, without limitation, the following: A. Reimbursement for all direct costs charged to this project in the County Engineer's cost accounting system. Said direct project costs are computed as follows: labor - weighted labor rate per hour; equipment usage - standard equipment rental rate per mile; materials and services - actual cost paid by County. B. Reimbursement for all indirect costs allocated to this project in the County Engineer's cost accounting system. (Current indirect cost allocation rates for the Right of Way Agent are: division overhead - no charge; department overhead - $1.50 /hr plus .78% (78 /100ths of one percent) of direct equipment usage, materials and services costs). Reimbursement for both direct and indirect project costs will be at the rates in effect at the time the service is provided. 2. That should County incur any additional expense at City's request pursuant to this Agreement which is not specifically defined herein, said additional expense shall be City's sole obligation.. 3. That should any portion of the project be financed with State or Federal funds, all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this contract. 4. That the County's relocation assistance services shall be performed in accordance with the provisions of applicable Federal Program Manuals and /or Federal and State Uniform Relocation Assistance and Real Property Acquisition Policies Acts.(aka Public Law 91 -646 and Government Code Sections 7260 -7274, inclusive) respectively, and shall be in conformance to County's standard operation policies as set forth in the Relocation Assistance Rules and Regulations for the County of San Luis Obispo, and other applicable policy documents. 5. That in the event of an appeal by a displacee of a relocation assistance eligibility determination or payment amount, the County right of way agent will investigate and consider the basis of the appeal and make a recommendation for disposition to City. The final determination shall be made by City. County shall administ*er relocation assistance in accordance with City's final determination of the appeal. 6. That for rent differential claims requiring installment payments, County will process initial claim and will advise claimant that future installment claims must be submitted directly to City for processing and payment. City will assist claimant in submitting such future claims and will make prompt payment to claimant. 7. That if suitable replacement housing is not available for any potential displacee, as required by law, County shall immediately notify City of this situation. City's decision to proceed with the project will carry with it the responsibility of City to authorize preparation of a "Last Resort Housing" plan for making the required housing available and implementation of the proposed plan: This may be accomplished by a separate Agreement with County. 8. That County shall be responsible for serving notices to occupants to vacate required properties in accordance with the applicable provisions of State and Federal law. In the event legal assistance is required to -7- J. vacate the premises, City shall provide such assistance. 9. That the provisions of this Agreement may be modified, altered, or revised in writing only with the written consent of both parties hereto. 10. That this Agreement for relocation assistance services shall terminate June 30, 3987, upon completion of services referred to herein or upon either party giving 30 days written notice to the other party, whichever occurs first, unless the date of completion is extended by a written supplement to this Agreement. 11. That if termination occurs prior to completion of relocation assistance services, County will provide City with the status of all displacees. City will be liable for any obligations incurred by County for City project and any costs incurred by County in connection with terminating said services. 12. That this Agreement is contingent upon the City exercising the option to acquire the property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, the provisions of which Agreement are effective as of the day, month and year hereinabove written. COUNTY OF SAN LUIS OBISPO By Chairman of the Board of Supervisors Attes Clerk Approved as to form: County Counsel CITY OF S UIS OBISPO By aybr Ron Dunin Attest U C ty Cler Appr ved as to form• 7 �CC/1�1 Q i y Attorney -8- a All