SCMTD February 2004 Board of Directors Agendas - Santa Cruz ...

SCMTD February 2004 Board of Directors Agendas - Santa Cruz ... SCMTD February 2004 Board of Directors Agendas - Santa Cruz ...

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ACQUISITION AND RELOCATION ASSISTANCE SERVICES AGREEMENT THIS AGREEMENT, made and entered into this ______ day of _____________ 2003, by and between the CITY OF SANTA CRUZ, hereinafter called “CITY”, and the SANTA CRUZ METROPOLITAN TRANSIT DISTRICT, hereinafter called “DISTRICT”. WITNESSETH: WHEREAS, CITY maintains a staff of professional, redevelopment and real property acquisition specialists, and WHEREAS, DISTRICT desires to contract with CITY for the services of said specialists from time to time, specifically to acquire properties for its MetroBase Project; WHEREAS, CITY is agreeable to providing such services, in accordance with the terms and conditions recited herein, NOW, THEREFORE, the parties do hereby agree as follows: 1. CITY, in consideration of the covenants, conditions, agreements and stipulations of DISTRICT hereinafter expressed, does hereby agree to furnish to DISTRICT the following services: Provide acquisition and relocation assistance services for DISTRICT on an as needed basis, by assisting in the conduct of negotiations with property owners and carrying out relocation assistance procedures, when required and as prescribed by federal, state and/or local law. Such services shall include but not be limited to the following: Obtaining appraisals of the subject properties, meeting with DISTRICT staff and DISTRICT Board of Directors to provide status updates and receive direction regarding how DISTRICT wishes to proceed. 2. CITY shall assist DISTRICT, as it may request, on all matters relating to appraisals, acquisition, relocation assistance and/or eminent domain proceedings for any project, including the MetroBase Project. Once the District has forwarded its request to the City, City shall have 5 business days to inform District regarding whether it is willing to assist District. Through execution of this Agreement, City agrees that it is willing to assist District with regard to the MetroBase Project. 3. CITY shall be responsible for assisting District with instituting and conducting eminent domain proceedings, including matters relating to orders of possession. Should it become necessary in the discretion of DISTRICT for CITY personnel to appear as expert witnesses in eminent domain proceedings to acquire parcels, said appearances shall be made only by written request of DISTRICT. Such services F:\Frontoffice\filesyst\B\BOD\Board Reports\2004\02\M-B Rel Acq Contract.doc 1

may include preparation, and actual court testimony in connection with said eminent domain proceedings. 4. CITY shall be compensated by DISTRICT for such acquisition and relocation services at the following rates: a. For services by employees of the CITY’s Redevelopment Agency at the rate of $48.04 per hour which rate shall include the services of said employee, clerical support, administration of said employee, clerical support, administration and supervision within CITY’s Redevelopment Agency, and all costs and expenses incurred by such personnel, with the exception of the cost of legal services by CITY; b. For any subconsultant’s work necessary for the acquisition and relocation services required herein when CITY and DISTRICT agree that a subconsultant is necessary for the completion of the work and District agrees to the rate to be charged by the subconsultant; c. The cost for CITY attorneys is currently $150.00 hour pertaining to all issues, including those relating to Eminent Domain, relocation and property acquisition actions. d. The CITY will be reimbursed for out-of-County travel, when authorized by DISTRICT, at current CITY expense account rates and limits. 5. CITY will keep a record of the work performed and the time expended on each activity and shall also include the date of such performance and the individual staff person who performed the work and these records shall be available for inspection by DISTRICT. Billing for services shall be made monthly during any period for which work is performed. 6. CITY shall cease work on any project upon DISTRICT’S request, whereupon payment shall only be made for work already performed. 7. DISTRICT shall submit all requests, in writing, to CITY’S Redevelopment Agency for acceptance of work on each individual project desired. Each request so submitted shall specify the property affected or desired, the nature of the work required, and the estimated timing of DISTRICT’S proposed project. 8. Nothing contained herein shall preclude DISTRICT from contracting with other persons or entities for same or similar services. 9. DISTRICT shall provide engineering and furnish all maps, descriptions, title reports and other technical data necessary to the performance of work by CITY. F:\Frontoffice\filesyst\B\BOD\Board Reports\2004\02\M-B Rel Acq Contract.doc 2

may include preparation, and actual court testimony in connection with said<br />

eminent domain proceedings.<br />

4. CITY shall be compensated by DISTRICT for such acquisition and relocation<br />

services at the following rates:<br />

a. For services by employees <strong>of</strong> the CITY’s Redevelopment Agency at<br />

the rate <strong>of</strong> $48.04 per hour which rate shall include the services <strong>of</strong> said<br />

employee, clerical support, administration <strong>of</strong> said employee, clerical<br />

support, administration and supervision within CITY’s Redevelopment<br />

Agency, and all costs and expenses incurred by such personnel, with<br />

the exception <strong>of</strong> the cost <strong>of</strong> legal services by CITY;<br />

b. For any subconsultant’s work necessary for the acquisition and<br />

relocation services required herein when CITY and DISTRICT agree<br />

that a subconsultant is necessary for the completion <strong>of</strong> the work and<br />

District agrees to the rate to be charged by the subconsultant;<br />

c. The cost for CITY attorneys is currently $150.00 hour pertaining to all<br />

issues, including those relating to Eminent Domain, relocation and<br />

property acquisition actions.<br />

d. The CITY will be reimbursed for out-<strong>of</strong>-County travel, when<br />

authorized by DISTRICT, at current CITY expense account rates and<br />

limits.<br />

5. CITY will keep a record <strong>of</strong> the work performed and the time expended on each<br />

activity and shall also include the date <strong>of</strong> such performance and the individual<br />

staff person who performed the work and these records shall be available for<br />

inspection by DISTRICT. Billing for services shall be made monthly during any<br />

period for which work is performed.<br />

6. CITY shall cease work on any project upon DISTRICT’S request, whereupon<br />

payment shall only be made for work already performed.<br />

7. DISTRICT shall submit all requests, in writing, to CITY’S Redevelopment<br />

Agency for acceptance <strong>of</strong> work on each individual project desired. Each request<br />

so submitted shall specify the property affected or desired, the nature <strong>of</strong> the work<br />

required, and the estimated timing <strong>of</strong> DISTRICT’S proposed project.<br />

8. Nothing contained herein shall preclude DISTRICT from contracting with other<br />

persons or entities for same or similar services.<br />

9. DISTRICT shall provide engineering and furnish all maps, descriptions, title<br />

reports and other technical data necessary to the performance <strong>of</strong> work by CITY.<br />

F:\Front<strong>of</strong>fice\filesyst\B\BOD\<strong>Board</strong> Reports\<strong>2004</strong>\02\M-B Rel Acq Contract.doc 2

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