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HomeMy WebLinkAboutContracts & Agreements_36-2009_CCv0001.pdf AGREEMENT WITH SMOTHERS APPRAISAL FOR CONSULTING SERVICES This agreement for consulting services("Agreement")is made and entered into this 26th day of March, 2009 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City")and Smothers Appraisal. ("Consultant"). City and Consultant are sometimes individually referred to herein as a"Party"and, together, as the"Parties." In consideration of the mutual promises contained herein, City and Consultant agree as follows: ARTICLE I - ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant to perforin 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. 0171-021-05 (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 Work,"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. 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 Municipal Utilities and Engineering Director, or designee, as City's representative with respect to Consultant's performance of the Services. The Lca djm',AgreementsSmothens Appraisal APN 0 1 71-021-05A 0116,09 3:22 p.m. 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 be in the amount of Three Thousand Six Hundred Dollars ($3,600). 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. 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: Rosemary Hoerning, MUED Director City of Redlands PO Box 3005 Redlands, CA 92373 Consultant: James Smothers, MAI, ASA, SRA, SR/WA Smothers Appraisal 1881 Commercenter East, Suite 206 San Bernardino, CA 92408 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. If Consultant has employees, Consultant shall secure and maintain Workers' Compensation and Employer's Liability insurance throughout the duration of this Agreement Fea,djm,AgoTeements\Smothers Appraisal APN 01 i 1-02 1-()5.dcc 2 03/16/09 3:22 p.m. 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. 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 U,ca' mAg A reemenLs'Smothm,Appraisal APN 0171-021-05.doC 3 03/16/09 3:22 p,rn. 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. ARTICLE 6 - CONFLICTS OF INTEREST 6.1 Consultant covenants and represents that it does not have any investment or interest in the real property that is the subject of the Services, and shall not acquire any interest, direct or indirect, in 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 87302. 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 1:ca,,djty°,AgreeiiienL�'Sint)thers Appraisal APN 01 71-021-05.doc 4 03AW09 322 pxn, 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. 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 James Smothers. 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. 7.9 Upon receipt of a termination notice, Consultant shall immediately discontinue all services affected, and within five(5) days of the date of the termination notice, deliver or otherwise make available to City, copies(in both hard copy and electronic form, where applicable)of 1:.ca"d.itu,Agreciiients,Stnother,-,Appi-aisal APN 0171-021-05A(x5 03,16,09 3:22 p.m. M any data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in s performing the Services required by this Agreement. Consultant shall be compensated on a pro-rata basis for work completed up 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 contained herein, 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 construed 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 SMO'T'HERS APPRAISAL By: N. Enrique Martinez By. James Smothers, MAI, ASA, SRA, SR/WA City Manager Certified General Appraiser AGO02102 Attest: City Clerk I.'ca'djsai':.lgrcvments=Smcather�:appraisal APN 0171-021-05,d<c 03116;=09 3:2-2 p.m. 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 up until notice of termination. i 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 contained herein, 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 construed 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 SMOTHERS APPRAISAL -------------- �J x By%ja"d` fes''. / BY i N. E elart inez ' James Smothers, MAI, ASA, SRA, SRIWA City anager Certified General Appraiser AGO02102 Attest. �tyy �Ierlk��f/ _ 03126;149 3:22 p.m. EXHIBT "A" SCOPE OF WORK PROPERTY APPRAISAL FOR PUBLIC STORM DRAIN EASEMENT (Vacant property located at the southwest corner of Redlands Boulevard and Texas, properties owned by the American Legion Post No. 106) APN 0171-021-05 SCOPE OF INVESTIGATIONS Based on our understanding of the assignment, we will conduct the appropriate investigations as applicable and necessary to comply with requirements as defined in the Uniform Standards of Professional Appraisal Practice (USPAP). It is anticipated the report will not include a business valuation, subdivision analysis, partial ownership interest valuation, furniture, fixture and equipment valuation, feasibility analysis, mineral rights or market study. We are prepared to begin this assignment immediately. Upon your authorization and receipt of all requested documents, we will begin the appraisal assignment. Note the following time of completion is estimated, but not guaranteed It is my understanding that it may not be necessary to complete full appraisals at the current time. Therefore, depending on the intended use and users of the appraisal, we can complete the assignment using one or more scenarios, which will affect the amount of research and turn-around time. SCENARIO 1 This appraisal will include direct sales comparables, and the market approach. The report format would be a Complete summary, with typical analysis and verifications. Total fees are $4000'. less 10% reduced fee, per city request, which equates to $3600. We estimate completion within 45 days from the date we are authorized to proceed. EXHIBT "B" RATE SCHEDULE PROPERTY APPRAISAL FOR PUBLIC STORM DRAIN EASEMENT (Vacant property located at the southwest corner of Redlands Boulevard and Texas, properties owned by the American Legion Post No. 106) APN 0171-021-05 HOURLY FEE SCHEDULE,JULY,2008 Senior Appraiser: $200.00 per hour Associate Appraiser: $ 100.00 per hour Field Assistants: $ 75.00 per hour Administrative: $ 45.00 per hour Testimony: $350.00 per hour (Minimum 4 hours. Includes Court, Hearings and/or Depositions and driving time). Naming as Expert $1,000 Non-Refundable Fee (to be paid in Witness: advance of naming). ADDITIONAL SERVICES AND CHARGES This proposal includes initial meetings with agencies, owners or representatives, but excludes follow-up meetings and/or consultations, preparation for court, depositions and/or witness time. Retainers will be required for these charges, to be paid in advance. Should I, or a member of my staff be required by you or any other individual or agency, to do additional work, to testify or discuss the subject or comparable properties, either as an expert or percipient witness, regarding the current and/or subsequent matters, upgrade or update the report, and/or attend any public or private hearing or meeting, you agree to pay our fee, at the hourly rate prevailing at the date of requirement. Naming as Expert Witness: $1,000 non-refundable fee (to be paid in advance of naming). For court cases, all fees must be paid in full, plus an additional retainer prior to deposition and/or courtroom testimony. If the retainer proves to be insufficient, an additional retainer will be requested. Any funds remaining after completion of the assignment will be refunded to the client. Additional work requested by you, your counsel or agent will be charged at the rate prevailing at the time the charge is incurred. Consultations are billed at a minimum of 5 minutes, per contact. Appraisal updates are based on our hourly fee schedule at the time of update. The final report will be delivered in two original copies. If additional copies are needed, the cost is $100 each. In addition to the fees quoted, any and all out-of-pocket expenses such as, but not limited to engineering or other costs, zoning or other maps, aerial photographs, court exhibits, copies of deeds or other documents, title company charges, copies of deposition and/or trial transcripts and necessary travel or living expenses. These fees are subject to change, and will be billed at the rate prevailing at the time the charge is incurred.