HomeMy WebLinkAboutContracts & Agreements_23-2008 AGREEMENT WITH REINHART-FONTES ASSOCIATES, INC.
FOR CONSULTING SERVICES
This agreement for consulting services("Agreement")is made and entered into this 19`x'day
of February,2008 ("Effective Date"),by and between the City of Redlands,a municipal corporation
("City") and Reinhart-Fontes Associates, Inc. ("Consultant"). City and Consultant are sometimes
individually referred to herein as a"Party" and, together, as the "Parties."
ffi consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform appraisal services to determine the fair market
value of property located in the City of Redlands, identified as County of San Bernardino
Assessor Parcel Nos. 0167-011-09 and 0167-011-011 (the"Property").
1.2 Consultant shall prepare and deliver to City a complete appraisal and summary report in
compliance with the Uniform Standards of Professional Appraisal Practice(the"Services").
The Services which Consultant shall perform are more particularly described in Exhibit"A,"
entitled "Scope of Services," which is attached hereto and incorporated herein by this
reference.
1.3 Consultant's obligation to provide the appraisal Services to City is personal in nature, and
shall not be delegated or assigned without City's prior written consent.
1.4 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the
appraisal Services to City at a level of competency presently maintained by other practicing
professional consultants in the industry providing like and similar types of services.
1.5 Consultant shall comply with all applicable Federal, State and local laws and regulations in
the performance of this Agreement including, but not limited to, the Americans with
Disabilities Act and the Fair Employment and Housing Act.
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ARTICLE 2 - RESPONSIBILITIES OF CITY
2.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
2.2 City will make provision for Consultant to enter upon City-owned property, as reasonably
required by Consultant,to perform the Services.
2.3 City designates the City's Community Development Director, or his or her designee, as
City's representative with respect to Consultant's performance of the Services. The
Community Development Director shall have the authority to transmit instructions,receive
information,interpret and define City's policies and decisions with respect to performance of
the Services.
ARTICLE 3 -PERIOD OF SERVICE
3.1 Consultant shall perform the Services in a prompt and diligent manner and shall complete
the Services within thirty (30) days from the date of this Agreement.
ARTICLE 4 -PAYMENT AND NOTICE
4.1 The total compensation for Consultant's performance of the Services shall not exceed the
amount of Five Thousand Four Hundred Fifty Dollars($5,450),including reimbursement for
estimated direct expenses. City shall pay Consultant on a time and materials basis up to the
not to exceed amount in accordance with Exhibit"A,"and the hourly rates discussed therein.
Consultant shall be reimbursed by City for direct expenses incurred in connection with the
Services. Direct expenses are costs incurred by Consultant in providing the Services
including, but not limited to, costs for travel, technology charges, postage, long distance
telephone calls and reproduction.
4.2 Payments by City to Consultant shall be made within thirty (30) days after receipt and
approval by City of Consultant's invoice,by warrant payable to Consultant. Invoices
shall be sent to City on a monthly basis.
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4.3 All notices shall be given in writing by personal delivery or by mail. Notices, sent by
United States mail should be addressed as follows:
City: Community Development Director
City of Redlands
PO Box 3005
Redlands, CA 92373
Consultant: William L. Reinhart
Reinhart-Fontes Associates, Inc.
2285 Business Way
Riverside, CA 92501
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to who notices and payments are
to be given by giving notice pursuant to this section.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 All insurance required by this Agreement shall be maintained by Consultant for the duration
of its performance of the Services. Consultant shall not perform any Services pursuant to
this Agreement unless and until all required insurance listed below is obtained by
Consultant. Consultant shall provide City with certificates of insurance and endorsements
evidencing such insurance prior to commencement of the Services.
5.2 A. Consultant shall secure and maintain Workers' Compensation and Employer's
Liability insurance throughout the duration of this Agreement in an amount which meets the
statutory requirement with an insurance carrier acceptable to City. Consultant shall notify
City prior to cancellation of said insurance.
B. Consultant expressly waives all rights to subrogation against City, and its elected
officials,officers and employees,for losses arising from work performed by Consultant for
City by expressly waiving Consultant's immunity for injuries to Consultant's employees.
Consultant agrees that the obligation to indemnify,defend and hold harmless provided for in
this Agreement extends to any claim brought by or on behalf of any employee of Consultant.
This waiver is mutually negotiated by the Parties. This waiver shall not apply to any
damage resulting from the sole negligence of City, its agents and employees. To the extent
any of the damages referenced herein were caused by or resulted from the concurrent
negligence of City, its agents or employees,the obligations provided herein to indemnify,
defend and hold harmless are valid and enforceable only to the extent of the negligence of
Consultant, its officers, agents and employees.
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5.3 Hold Harmless and Indemnification. Consultant shall indemnify,hold harmless and defend
City and its elected officials, employees and agents from and against any and all claims,
losses or liability, including attorneys' fees, arising from injury or death to persons or
damage to property occasioned by any act, omission or failure to act by Consultant, its
officers, employees and agents in performing the Services.
5.4 Assignment. Consultant is expressly prohibited from assigning any of the Services without
the express written consent of City. In the event of mutual agreement between Parties to
assign a portion of the Services, Consultant shall add the assignee as an additional insured
and provide City with the insurance endorsements prior to the performance of any services
by the assignee. Assignment does not include printing or other customary reimbursable
expenses that may be provided in this Agreement.
5.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the duration of the Agreement comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured, and
such insurance shall be primary and non-contributing to any insurance or self-insurance
maintained by City. Certificates of insurance and endorsements shall be delivered to City
prior to commencement of the Services.
5.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout the duration of this Agreement in the amount of One Million Dollars
($1,000,000)per claim made. A certificate of insurance shall be delivered to City prior to
commencement of the Services.
5.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of One Million Dollars($1,000,000)per occurrence,combined single
limit for bodily injury liability and property damage liability.This coverage shall include all
Consultant owned vehicles used on the project,hired and non-owned vehicles,and employee
non-ownership vehicles. Such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City. City shall be named as an additional insured
and a certificate of liability insurance and endorsement shall be delivered to City prior to
commencement of the Services.
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ARTICLE 6 - CONFLICTS OF INTEREST
6.1 Consultant covenants and represents that it does not have any investment or interest in
the subject real property and shall not acquire any interest, direct or indirect, in the
immediate geographical area covered by this Agreement or any other source of income,
interest in real property or investment which would be affected in any manner or degree
by the performance of Consultant's Services. Consultant further covenants and
represents that in the performance of its duties hereunder,no person having any such
interest shall perform any Services under this Agreement.
6.2 Consultant agrees it is not a designated employee within the meaning of the Political
Reform Act because Consultant:
A. Does not make or participate in:
(i) the making or any governmental decisions regarding approval of a rate,
rule or regulation, or the adoption or enforcement of laws;
(ii) the issuance, denial, suspension or revocation of permits, licenses,
applications, certifications, approvals, orders or similar authorizations or
entitlements;
(iii) authorizing City to enter into, modify or renew a contract;
(iv) granting City approval to a contract that requires City approval and to
which City is a party, or to the specifications for such a contract;
(v) granting City approval to a plan, design,report, study or similar item;
(vi) Adopting, or granting City approval of,policies, standards or guidelines
for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity participate in
making a governmental decision or otherwise perform the same or substantially all the
same duties for City that would otherwise be performed by an individual holding a
position specified in City's Conflict of Interest Code under Government Code section
57302.
6.3 In the event City officially determines that Consultant must disclose its financial interests
by completing and filing a Fair Political Practices Commission Form 700, Statement of
Economic Interests, Consultant shall file the subject Form 700 with the City Clerk's
office pursuant to the written instructions provided by the Office of the City Clerk.
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ARTICLE 7 -GENERAL CONSIDERATIONS
7.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, in addition to any costs and other relief, be
entitled to the recovery of its reasonable attorneys'fees,including fees for in-house counsel
of the Parties.
7.2 Consultant shall not assign any of the Services to be performed under this Agreement,except
with the prior written approval of City and in strict compliance with the terms,provisions
and conditions of this Agreement.
7.3 Consultant's key person to perform the Services is William L. Reinhart, MAI. Consultant
agrees that this key person shall be made available and assigned to perform the Services and
that he shall not be replaced without concurrence from City.
7.4 All documents, records, drawings, designs, cost estimates, electronic data files, databases,
and other documents developed by Consultant pursuant to this Agreement,and any copyright
interest in such documents,shall become the property of City and shall be delivered to City
upon completion of the Services,or upon the request of City. Any reuse of such documents
and any use of incomplete documents will be at City's sole risk.
7.5 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perform the Services. All personnel employed by
Consultant are for its account only, and in no event shall Consultant or any personnel
retained by it be deemed to have been employed by City or engaged by City for the account
of, or on behalf of City.
7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by City.
7.7 This Agreement may be terminated by City, in its sole discretion and without cause, by
providing five (5)business days' prior written notice to Consultant(delivered by certified
mail, return receipt requested) of intent to terminate.
7.8 If this Agreement is terminated by City,an adjustment to Consultant's compensation shall be
made,but(1)no amount shall be allowed for anticipated profit or unperformed services,and
(2) any payment due Consultant at the time of termination may be adjusted to the extent of
any additional costs to City occasioned by any default by Consultant.
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7.9 Upon receipt of a termination notice,Consultant shall irrmiediatcly discontinue all services
affected, and within five(5)days of the date ofthe termination notice, delivcr or otherwise
make available to City, copies (in both hard copy and electronic form,where applicable)of
any data, design calculations, drawings, specifications, reports, estimates, summaries and
such other information and materials as may have been accumulated by Consultant in
performing the Services required by this Agreement. Consultant shall be compensated on a
pro-rata basis for work completed Lip until notice of termination.
7.10 Consultant shall maintain books and accounts of all payroll costs and expenses related to the
Services. Such books shall be available at all reasonable times for examination by City at
the office of Consultant.
7.11 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters containedherein,
and any prior negotiations, written proposals or verbal agreements relating to such matters
are superseded by this Agreement. Any amendment to this Agreement shall be in writing,
approved by City and signed by City and Consultant,
7.12 This Agreement shall be governed by and consulted in accordance with the laws of the State
of California.
IN WITNESS WHEREOF,duly authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS REINHART-FONTES ASSOCIATES, INC.
By:
By:
Mayor William L. Reinhart, MAI
V4,217 K"'S'ox I,-- 60-4 7
Attest:
City,4derk
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EXHIBIT"A"
SCOPE OF SERVICES
Scope of proposed appraisal services for the appraisal of approximately 186.6 gross acres of
vacant land located on the east side of Alabama Street, and south of 3rd Street, in Redlands,
California. The land in question is further identified by San Bernardino County A.P.N. numbers
0167-011-09 and 11.
Relative to the above referenced real estate the following is our proposed scope of appraisal
services:
• Our appraisal will address the current market value of the entire approximately
186.6 gross acres "as if"it were sold or acquired as a single entity. Even though a
portion of the subject land may be currently leased, it is our understanding that
only the unencumbered fee simple interest market value is to be addressed with a
value date as of our initial date of inspection. It is my understanding that the
intended use of this report is for the City's potential sale of a portion of this
property but that our appraisal assignment is to value only the whole property and
disregard the specific portion to be sold. Should we determine during the
appraisal process that the land in question has entitlements beyond basic zoning
or any onsite improvements exist that require valuation, our fee and timing quote
would be subject to change. Our fee and timing quote is predicated on the
understanding that the subject land is vacant of structural improvements and has
no entitlements beyond basic zoning.
• It is our understanding that the sole intended user of the appraisal report and value
opinion will be the City of Redlands, and that the City of Redlands care of you
will be our sole client in this matter.
• The appraisal reports will be prepared to the best of our ability to comply with the
Appraisal Institute Standards, and the Uniform Standards of Professional
Appraisal Practice. Up to four copies of the appraisal reports will be provided for
the indicated fee.
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• The property will be appraised based on the contingency and assumption that it is
clear of any environmental problems or hazardous conditions/materials and any
associated stigma unless we are provided from the client with a cost to cure
estimate from a qualified and reputable source. In that case, their estimate may
form a basis of adjustment to our value opinion. Only the surface real estate will
be appraised. No flora, fauna, subsurface,water, mineral, oil, mining or gas
rights will be addressed (if any). Our appraisal quote is contingent upon the
understanding that the subject real estate is not under contract due to the
Williamson Act(i.e. assuming it is not located in an agricultural preserve).
• If upon further investigation the real estate is found to be impacted by unusual
problems that would require additional experts to properly appraise the property
such as (but not limited to) an engineer, the client will be asked to bear the cost of
such additional expert work or have the option of canceling the appraisal
assignment. We don't anticipate a problem requiring these services at this time,
but this is how the situation will be handled in the unlikely event that it arises. If
this is necessary,the completion time of the report may require extension.
• If the client cancels the assignment after engagement, time spent to the point of
cancellation will be billed at the rate of$200/hr. plus report production and
related costs incurred to that point,not to exceed the total original fee.
• Each appraisal report will contain general assumptions and limiting conditions
commonly used in professional appraisals and also special assumptions and
limiting conditions as we deem appropriate.
• Our fee does not include any subsequent court related testimony or deposition
work, pretrial meetings, agency or client requested meetings, litigation support
services, etc. If these services are requested at a later date, our hourly billing rate
is $200/hour with a five hour per day minimum plus reasonable lodging and
preparation time and transportation expenses (if we travel more than 50 miles
from our office) (Per requested appraiser's appearance). Reasonable consultation
by phone to answer questions the client may have after delivery of the report will
be provided at no extra charge.
• If you engage us to complete these appraisal services,please send by express mail
or FAX to our office, copies of the following items: (only if these items are
available and applicable to the real estate to be appraised) (or provide the name
and phone number of the party we should contact who has the materials or
information). If you would prefer to e-mail these items, please e-mail to:
wmrna speakeasy.net.
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• Copies of any sales, listing, or offer details involving the subject real estate
occurring within the prior 3 years (that are in your possession).
• Copies of any other items that are in your or the City's possession that you
consider relevant to the appraisal, and would like us to review during the course
of the appraisal.
• A title policy for the subject real estate. if one is not furnished our appraisal will
contain assumptions and limiting conditions regarding matter of title.
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Funds - Contract - Santa Ana River Wash Management Plan - On motion
of Councilmember Gilbreath, seconded by Councilmember Gallagher, the
City Council unanimously approved a contract with Reinhart-Fontes
Associates, Inc. for conducting an appraisal of City-owned property located
in the Santa Ana River Wash on approximately 1.86.6 acres on the west side
of the 210 Freeway, east of Alabama Street (APNs 167-011-09 and 11), to
determine the value of approximately 80 acres designated as habitat area
within the proposed Santa Ana River Wash Management Plan, authorized
the Mayor to execute, and the City Clerk to attest to, the document on
behalf of the City and approved an additional appropriation in the amount
of$5,450.00 for the same.
Lot Line Adjustment - City-Owned Property - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved (pursuant to an earlier City of Redlands' Purchase and
Sale Agreement with Oakmont National Development 11, LLC dated
September 4, 2007) filing of a lot line adjustment application with the County
of San Bernardino for City-owncd property (APNs 292-041-08, 09 and 17)
generally located near Palmetto Avenue and Nevada Street.
Funds - San Bernardino Avenue Street Widening Project - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously approved an appropriation of$245,201.00 from the Local
Transportation bund to fund the acquisition of a roadway easement for the San
Bernardino Avenue street widening project.
Re ro am CDBG Funds - Redlands Community Music Association - On
motion of Councilmember Gilbreath, seconded by Councilmember Gallagher,
the City Council unanimously approved reprogramming $5,050.00 from City
Council's Unprogrammed Community Development Block Grant funds to Case
No. 111-20627/1234 - Cultural Education Program: Redlands Community
Music Association.
Repro.gram CDBG Funds - Tree Plantin - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved reprogramming $30,000.00 from the City Council's
Unprogrammed Community Development Block Grant funds to the Quality of
Life Department Community Development Block Grant 2008-2009 Program
Year proposal related to tree planting in the target area.
Ordinance No. 2679 - Property Maintenance - Ordinance No. 2679, an
ordinance of the City of Redlands adding Chapter 8.08 to the Redlands
Municipal Code relating to property maintenance and deleting Chapters 8.16,
8.28 and 8.32 relating to hospitals, public eating places and slaughtering of
animals, respectively, was unanimously continued to March 4, 2008, on motion
of Councilmember Harrison, seconded by Councilmember Gallagher.
February 19,2008
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