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HomeMy WebLinkAboutRES.732.07-06-1992 , , � BILL NO. 92-139 RESOLUTION NO. �J 2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR APPRAISAL UPDATES AND COURT TESTIMONY FOR PROPERTIES CONDEMNED ALONG CAPE LA CROIX CREEK BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into a Contract with the U.S. Army Corps of Engineers for appraisal services for the Cape La Croix Creek segment of the Cape La Croix Creek/Walker Branch Flood Control Project. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �(/ � DAY OF �- _, 19 g2-. � rancis E. Rhodes, Mayor ATTEST: . , � ��� � Juli A. Dale Deputy City Clerk CONDEMNATION APPRAISAL CONTRACT �� ., � .. THIS CONTRACT, entered into this day of ' �' -'�� , 1992, by the UNITED STATES OF AMERICA, (hereinafter��referred to as the Government) , represented by the Contracting 'Officer executing this contract, and the City of Cape Girardeau, a municipality organized and existing under the laws of the State of Missouri, (hereinafter referred to as the City) . WITNESSETH THAT: WHEREAS, the City is desirous of obtaining certain appraisal services as hereinafter described in connection with the City's responsibilities under a Local Cooperation Agreement between the Department of the Army and the City of Cape Girardeau, Missouri, for construction of the Cape Girardeau - Jackson Metropolitan Area, Missouri Project (hereinafter referred to as the LCA) , and WHEREAS, the Government, by and through the St. Louis District of the U.S. Army Corps of Engineers, has a well- qualified, equipped and experienced organization, which is in a position to prepare and furnish to the City the condemnation appraisal services as hereinafter described. NOW, THEREFORE, the parties do mutually agree as follows: ARTICLE I - OBLIGATIONS OF THE GOVERNMENT The Government shall perform all condemnation appraisal services including updates and court testimony as described in the SCOPE OF WORK attached to and made a part of this agreement as Exhibit A. ARTICLE II - PAYMENT In consideration of the performance by the Government of its responsibilities under this contract, the City shall pay the Government as follows: a. The City shall pay to the Government, upon the execution of this contract, the lump sum of $5, 000 (Five Thousand Dollars) for the performance of all of the condemnation appraisal services described in Exhibit A to this contract. The City shall place this amount in a Government account. The Government shall draw from such account such amounts as the Contracting Officer for the Government deems necessary to cover contractual and in-house fiscal obligations attributable to the performance of this work as they are incurred. At the completion of the work to be performed by the Government under this contract, any funds remaining in the account shall be returned by the Government to the City. In the event that the Contracting Officer determines prior to the completion of the work that additional funds are required by the Government to cover contractual and in-house fiscal obligations attributable to the performance of the condemnation work, the Government shall so notify the City prior to the performance of such additional work. The City shall have the option of either paying such additional funds to the Government for placement in this account within 30 days, or in the alternative, ordering the Government to cease work under the contract. The City shall notify the Government of its decision within 10 days of receipt from the Government of the requirement for additional funds. ARTICLE III - OFFICIALS NOT TO BENEFIT No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. ARTICLE IV - COVENANT AGAINST CONTINGENT FEES The City warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability, or in its discretion, to deduct from contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE V - DISPUTES a. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer, who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the City. The decision of the Contracting Officer shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the 2 Secretary or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the City shall be afforded an opportunity to be heard and to offer evidence in support of their appeal . Pending final decision of a dispute hereunder, the City shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision. b. This "Disputes" clause does not preclude consideration of law questions in connection with decisions as provided in paragraph a. , above; provided, that nothing in this contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law. ARTICLE VI - MAINTENANCE OF RECORDS The Government and the City shall keep books, records, documents, and other evidence pertaining to costs and expenses incurred pursuant to this contract to the extent and in such detail as will properly reflect costs. The Government and the City shall maintain such books, records, documents, and other evidence for a minimum of three years after completion of construction of the Project and resolution of all relevant claims arising therefrom, and shall make available at their offices at reasonable times, such books, records, documents, and other evidence for inspection and audit by authorized representatives of the parties to this contract. ARTICLE VII - CITY AUDIT The City shall have the right to conduct an audit, when appropriate, of the Government's records for the Project to ascertain the allowability, reasonableness, and allocation of the Government's costs under this contract. The Government shall submit to the City a monthly progress report indicating the project's current status. ARTICLE VIII - FEDERAL AND STATE LAW3 In acting under the City's rights and obligations hereunder, the City agrees to comply with all applicable Federal and State laws and regulations, including Section 601 of Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and Department of 3 Defense Directive 5500.II issued pursuant thereto and published in Part 300 of Title 32 , Code of Federal Regulations, as well as Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army. " ARTICLE IX - RELATIONSHIP OF PARTIES The parties to this contract act in an independent capacity in the performance of their respective functions under this contract, and neither party is to be considered the officer, agent, or employee of the other. ARTICLE X - NOTICES a. All notices, requests, demands, and other communications required or permitted to be given under this contract shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage-prepaid) , registered, or certified mail, as follows: If to the City: City of Cape Girardeau 401 Independence Street Cape Girardeau, Missouri 63701 If to the Government: Commander U.S. Army Engineer District, St. Louis 1222 Spruce Street St. Louis, Missouri 63103-2833 b. A party may change the address to which such , communications are to be directed by giving written notice to the other party in the manner provided in this Article. c. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at such time as it is personally delivered or seven calendar days after it is mailed, as the case may be. 4 IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. UNITED STATES OF AMERIC B on ac ng O CITY OF CAPE GIRARDEAU � ' .� '� r ,// ����,�.�; BY: - . " -'i ' _ F �_ f J. RONALD FISCHER City Manager 5 EXHIBIT A SCOPE OF WORR Preparation and Delivery of Updates to ApDraisal Reports. The Government shall prepare, furnish and deliver to the City reviewed and approved update appraisal reports covering certain previously appraised realty as selected by the City associated with condemnation actions for the Cape Girardeau LCA project. Contents to Appraisal Reports. Two (2) copies of the update appraisal reports shall be furnished in such form as may be approved by the Government. In the event that the "taking" exceeds $250, 000. 00, the Government shall furnish a third copy at no extra cost. Modification of Delivered Appraisal Reports. Upon request of the City and without additional costs to the City, the Government shall modify or supplement any and all appraisal reports prepared if and when the Government receives relevant additional appraisal data. Testimony in Judicial ProceedinQs. As part of the Scope of Work, the Government agrees to furnish testimony as to the value of any and all property on which updates and/or previous appraisal reports were furnished in any judicial proceedings involving a determination of the value of realty associated with the aforementioned LCA project. Update Appraisal Reports to be Confidential. All information contained in the update appraisal reports to be made hereunder and all parts thereof are to be treated as strictly confidential. The Government shall take all necessary steps to ensure that no member of its staff or organization divulges any information concerning such appraisal reports to any person other than a duly authorized representative of the City. Type of Property. Land and improvements to be acquired in connection with Cape Girardeau - Jackson Metropolitan Area, Missouri Project. Services Required. The Government shall prepare, furnish and deliver to the City update appraisal reports covering the fair market value of certain real property located within the confines of the Cape Girardeau LCA project, County of Cape Girardeau, State of Missouri, as may be assigned to the Government by the City. Said update reports should be attached to the original reports already in the City's possession. Services to include court testimony as deemed necessary by the City. This contract will remain open until such time that condemnation proceedings have ceased for all properties previously appraised by the Government. Specifications for Update Appraisal Reports. Update appraisals will follow the format as displayed in Exhibit B (attached) . Deliverv. The Government shall mail or deliver to the City representative the completed reports within (30) days from written receipt of the request thereof. 2 . , � � U.S. ARMY ENGINEER DISTRICT, ST. LOUIS ST. LOUIS, MISSOURI CERTIFICATE OF UPDATE PROJECT: TRACT NO: NOTE: To be attached to the original appraisal report of Tract No. dated , prepared by The purpose of this Certificate is to indicate changes in value if any of the subject property as a result of: a. A change in market conditions since the date of appraisal (explain and attach documentation) . b. A change in realty or realty rights required from the subject tract. (Explain) c. A change in the legal description. (Explain) d. A change necessitated by . . . . . . . . . It is the opinion of this appraiser that a. There is no change in value warranted since the noted changes have a minimal or nil effect on the original value estimate. b. The values are changed as follows. Support and explanation for said changes in value is based upon the attached documentation. APPRAISER'S CERTIFICATION Appraiser's Name Date: EXHIBIT B