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HomeMy WebLinkAboutReso. 1986 - 211 - Approving the amedement to the agreement between the county of shatsa and city of redding for the distructiuon of funds from the state disaster response-emergency • S _RESOLUTION NO. $t-).i/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF SHASTA AND CITY OF REDDING FOR THE DISTRIBUTION OF FUNDS FROM THE STATE DISASTER RESPONSE-EMERGENCY OPERATION ACCOUNT, AND AUTHORIZING THE MAYOR TO SIGN SAME. WHEREAS, the State of California has agreed to provide funds from the State Disaster Response-Emergency Operation Account pursuant to Chapter 16 , Statutes of 1986 , to local agencies damaged during the 1986 disaster period; and WHEREAS, funds from this account are given to the County of Shasta for distribution to local agencies damaged during said disaster period; and WHEREAS , pursuant to state law, the County of Shasta has solicited claims for funds and has established an allocation formula for distributing to eligible applicants who had flood and storm damage occurring during the February 1986 disaster period; and I WHEREAS, the City of Redding is eligible for funds pursuant to Chapter 16; and WHEREAS, the City of Redding and the County of Shasta entered into an Agreement on July 21 , 1986 , for the distribution of the sum of $3 , 243. 00 to the City (copy attached) ; and ill 111 WHEREAS, additional funds are now available from the State, with Redding' s pro rata share thereof being an additional $27, 664. 83 , making the total amount available to the City of Redding $30 , 907. 83; and WHEREAS, it is necessary for the City of Redding and County of Shasta to enter into an amendment to the July 121 , 1986, Agreement for the distribution of said funds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding as follows: 1 . That the above recitals are true and correct. 2 . That the City Council of the City of Redding hereby approves the attached Amendment to Agreement for the Distribution of Funds from the State Disaster Response-Emergency Operation 1 Account between the City of Redding and the County of Shasta. 3. That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid documents , when appropriate. 4 . That a true copy of the Amendment to the Agreement referred to herein is attached hereto and made a part hereof. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of -2- 411 411 the City of Redding on the 2nd day of September , 1986, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Carter, Dahl , Johannessen, & Fulton NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Gard ABSTAIN: COUNCIL MEMBERS: None L /----, ,0 LEE D. FULTON, M.D. , Mayor City of Redding ATTEST: e:64e a. e...",. .,.. ETHEL A. NICHOLS , City Clerk FORM PPROVED: RA DALL A. HAYS, ity Attorney -3- • • AMENDMENT TO AN AGREEMENT FOR THE DISTRIBUTION OF FUNDS FROM THE STATE DISASTER RESPONSE—OPERATING ACCOUNT THIS AGREEMENT made and entered into between the City of Redding and the County of Shasta amends the agreement entered into July 21 , 1986 so that the amended section reads as follows: A. The County of Shasta shall pay to the City $30{907.83 within 30 days of the execution of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly signed, executed and attested to by their proper officer(s) hereunder. COUNTY OF SHASTA Stephen C. Swendiman, Chairman Board of Supervisors, County of Shasta, State of California) ATTEST: ANN REED, County Clerk and Ex—officio Clerk of the Board of Supervisors County of Shasta, State of California ATTEST: CITY OF REDDING ETHEL A. NICHOLS, CITY CLERK Dated: September 2, 1986 By F RM APPR®V i® CITY LEGAL DEPT. f C_ • !JUS 2 v' 1986 AGREEMENT FOR THE DISTRIBUTION OF FUNDS FROM THE STATE DISASTER RESPONSE-EMERGENCY OPERATION ACCOUNT THIS AGREEMENT is made by and between the County of Shasta, hereinafter "County," and the City of Redding, hereinafter "City." WHEREAS, the State of California has provided funds pursuant to Chapter 16, Statutes of 1986, and WHEREAS, funds from this account are given to the County for distribu- tion to local agencies damaged during the 1986 disaster period, and WHEREAS, the County pursuant to state law has solicited claims for funds pursuant to law and has established an allocation formula for dis- tributing to eligible applicants who had flood and storm damage occurring during the February 1986 disaster period, and WHEREAS, the City is eligible for funds pursuant to Chapter 16, NOW, THEREFORE, the parties agree to the following terms and conditions: A. The County shall pay to the City $3,243 within 30 days of the ex- ecution of this agreement. B. The City agrees to expend these funds in accordance with the re- quirements of Chapter 16 , Statutes of 1986 . The Cityl particularly recognizes that disaster-related repair or permanent restoration work is eligible for participation if the following general criteria are met: 1 . The damaged facilities are public property owned by the applicant agency and were performing their intended purpose at the time of the declared disaster; 2. The repair or restoration of the facilities is a matter of general public and State interest and concern; 3. The repair or restoration is of a permanent nature, to be done to meet current codes, specifications and standards; 4. The applicant has applied for all other available public funds to as- sist in financing the cost of the work. Failure to apply for such assistance could result in a loss of the State funds; 5. Each applicant will include only those costs which it dirlectly incurred while providing disaster assistance; I and that eligible expenditures include: 1 . Expenditures are eligible for participation provided they relate directly to the storm activity occurring during the established inci- dent period. In general, the law contemplates replacement-in-kind with allowances for such incidental improvement as is necessary to comply with minimum adequate standards of present-day construction. • • • 2. Expenditures included in claims for State participation must be fair and equitable and must be in accordance with a local agency's normal cost distribution procedure. 3. All work performed must comply with State and local codes and ordinances. Please note that Chapter 7, Section 3247 through 3258 of the Civil Code, establishes the requirement for a payment bond on all contract involving an expenditure in excess of $25,000 for the improve- ment, erection, or construction of any building, road, bridge, or other structures, excavation, or other mechanical work for any political subdivision of the State. 4. Minimum necessary and justifiable protective measures are eligible under this legislation; and that ineligible expenditures include: 1 . Expenditures for personal or private property such as books, furniture, and .equipment; 2. Expenditures on normal maintenance; 3. Expenditures for betterments beyond minimum adequate standards of. present day construction. The cost of betterments must be assumed by the local agency; 4. Expenditures for hazard mitigation as may be required by Federal or State law; 5. Expenditures for any legal fees as necessitated by lawsuits or any out- of-court settlements pertaining to this disaster; 6. Expenditures for any damage to that portion of a facility covered by insurance; 7. Expenditures for rights-of-way; 8. Royalty charges for material obtained from property owned by the local agency; and 9. Losses for which an entity has legal means of recoupment, and the responsibility to do so, are not eligible for reimbursement. C. The City agrees to indemnify, defend and save harmlesYs the County, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractpors, material- men, laborers and any other person, firm or corporationlfurnishing or supplying work, services, materials or supplies in connection with the performance of this agreement, and from any and all claims band losses ac- cruing or resulting to any person, firm or corporation who may be injured or damaged by the City in the performance of this agreement. D. The City, and the agents and employees of City, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the County. E. In the event any judgment is entered against the County as a result of the City's implementation of the grant and the City fails to satisfy that judgment , the county shall have the right to withhold from the City's tax allocations such sums as are necessary to satisfy the judgment. • F. In the event the State makes an audit exception and demands the return of grant funds, City is responsible for refunding the amounts claimed by County. If City fails to satisfy the audit exception, the County shall have the right to withhold from City' s tax allocations such sums as are necessary to satisfy any audit exception or grant administration irregularity. G. This agreement shall become effective when executed by both parties and shall remain in effect until such time as the grant agreement has been successfully closed out by the State and the City has fulfilled all obliga- tions to the County. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly signed, executed and attested to by their proper officer(s) hereunder. COUNTY OF SHASTA Stephen C. Swendiman, Chairman Board of Supervisors, County of Shasta, State of California ATTEST: ANN REED, county Clerk and Ex-Officio Clerk of the Board of Supervisors, County of Shasta, State of California ATTEST:/ -- CITY OF REDDING Q. ETHEL A. NICHOLS, City Clerk / `i. Dated: 95l /q SC By` MIKE DAHL, Vice Mayor FORM APPROVED CITY LEGAL DEPT.