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HomeMy WebLinkAboutContracts & Agreements_226-2007_CCv0001.pdf AGREEMENT WITH SMOTHERS APPRAISAL FOR CONSULTING SERVICES This agreement for consulting services("Agreement")is made and entered into this 18t"day of December, 2007 ("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 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. 0292-034-02, 0292-034-05 and 0292-034-08 (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. I DJM\Agree\Smothers Appraisal Agreement RE BEST Property 11/28/07 10:00 a.m. ARTICLE 2 - RESPONSIBILITIES OF CIT 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 Three Thousand One Hundred Dollars ($3,100), 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." 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) day's 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: Community Development Director City of Redlands PO Box 3005 Redlands, CA 92373 2 WMAgree\Smothers Appraisal Agreement RE BEST Property 11/28/07 10:00 a.m. Consultant: James Smothers 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. C� 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. All insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (-3)0) days prior written notice to City. 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. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to City. 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. DJM\Agree\Smothers Appraisal Agreement RE BEST Property 11/28/07 10:00 a.m. 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 and endorsement 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. 4 DJM\Agree\Smothers Appraisal Agreement RE BEST Property 11/28/07 10M a.m. ARTICLE 6 -CONFLICTS OF INTEREST 6.1 Consultant covenants and represents that it does not have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the 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 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 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. 5 DJM\Agree\Smothers Appraisal Agreement RE BEST Property 11/28107 10:00 a.m. 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 I 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. 6 DJM\Agree\Smothers Appraisal Agreement RE BEST Property 11/28/07 10:00 a.m. 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 any data, design calculations, drawings, specifications, reports, estimates, summaries and rt . 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. 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. By: B- Mayor James Smothers, MAI, ASA, SRA, SR/WA /A Attest: City C�rk 7 DJM\Agree\Smothers Appraisal Agreement RE BEST Property 11/28/07 1o:00 a,m. EXHIBIT "A') SCOPE OF SERVICES 8 DJM\Agree\Smothers Appraisal Agreement RE BEST Property 11/28/07 10:00 a.m. SMOTHERS APPRAISAL 1881 Commercenter Fast,Suite 206 James Smothers,MAI,ASA,SRX,SR/)87A San Bernardino,CA 92408 Appraiser-Consultant-Commercial-Residential Phone:(909)890-%26 Fax:(909)890-%05 Email:jimsmothers'�kyahoo.com A—dftd Sen i-Appraiser APP rsaf1_ti_1 Right ofWgy A­­Jatkn,SR/WA, G­1 R-1 E—ft Appraiser W.1 SRA, App-L. S-k"M—hcr-R-1 P-P.!t/R.W-fi.1 MAL W.b—fAppkW 1-fi.. Senior Pi–At ofWxs Awnt 3f­Cc rfiflu k 4.AG00002 October 30, 2007 Tamara Alaniz, MPA, Associate Planner (909) 798-7555 City of Redlands talaniz@cityofredlands.org 35 Cajon Street, Suite 20 P.O. Box 3005 Redlands, CA 92373 RE: Appraisal of vacant property located on the south side of Interstate 10, north of the flood control channel and beginning east of California Street, (APN: 0292-034-02, -05, and-08 Date(s) of Value: Current Dear Ms. Alaniz: Reference your request for an appraisal of the noted property. Thank you for your consideration. We can do an appraisal of the property, assuming there are no improvements on site. Total fees are $3,100 for this assignment. We estimate completion within 30 days from the date we are authorized to proceed. We are prepared to begin research for the report upon receipt of this contract signed or a letter of engagement from you. I hereby agree to the preceding terms and conditions. Name: Printed Signed Date If there are any questions, please contact my office. Sincerely, �_�.,�,.� cw a%'��.a•�1.�-_. James Smothers, MAI, ASA, SRA, SRIWA Certified General Appraiser AGO02102 (expires 12/20/2008)