HomeMy WebLinkAboutContracts & Agreements_21-2011_CCv0001.pdf C:I`I* OF ItEDLAND ' ACs "lel+ ENI WITH SMOTHERS APPRAISAL
FOR PR P W Y APPRAISAL SERVICES
_
This agreement for property appraisal services("Agreement"")is made and entered into this
17"' day of February, 2011 ("Effective Date"), by and between the City of Redlands d ("City"), and,
'mothers Appraisal ("Consultant") City and Consultant are sometimes individually referred to
herein as a"Party" d,together, as the"Parties."
ies."
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(the"Services",)to determine
the fair market value defined by California Code ofCivil Procedure section 1263;3320
(a)), and Prepare a '`written statement of, or summary of, the basis for the appraisal" to:
determine the value, of the property designated as County ofSan Bernardino Assessor's
Parcel Nos. 0301-191-13 and. 0301-143-36. Consultant shall also include within the
appraisal reports a statement of appropriate contingent and limiting conditions,if any. The
specific Services to be performed. by Consultant are more particularly described in
Consultant's "Scope of Services,"which is attached hereto as Exhibit"A.
1.2 Consultant shall prepare and deliver to City complete appraisal and summary reports in
compliance with the Uniform dards of Professional Appraisal Practice. Consultant shall
deliver to City five ( )copies of the appraisals and the summary reports.
1.3 Consultant"s obligation to provide the Services to City is personal in nature,and shall not be
delegatedor 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 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.
"INCL 2- RESPONSIBILatEs OF CITY
11 Citv shall make available to Consultant information in its possession that may assist
Consultant in performing thou Services
2.2 City will make provision, and/or secure permission, for Consultant to enter upon the
Property, as reasonably required by Consultant,to perform the Services.
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2.3 City designates its Development Services Director,or his designee,as City's representative
with respect to Consultant' s performance of the Services. 'rhe Development Services
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.
ARTICI C 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 City's written notice to proceed to
Consultant. This Agreement will be considered terminated by City upon Consultant' s
completion of the Set-vices and their acceptance by City. City assumes no liability for
Services performed or costs incurred prior to the date of the notice to proceed.or subsequent
to this Agreement' s termination date.
ARTICLE 4- 'AYMEN'r AND NOTICE
.1 The total compensation for Consultant's performance of'the Services described in Exhibit
"A"shall not exceed the amount of Three Thousand Dollars($3,000)in accordance with the
rate schedule set forth in Exhibit "A." Any additional services beyond those listed in
Exhibit "A" which are requested by Cite -will be billed at the hourly rates specified in
Exhibit"A.-
4.2 The total payment of Three Thousand Dollars ($3000) for the Services shall:;be paid by
City to Consultant within ten.(10)business days of the Effective Crate of this Agreement.
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 follow=s:
City: Smothers Appraisal:
Oscar Orci ,larges Smothers
Development Services DirectorSmothers Appraisal;
City of Redlands 1881 Commercenter East, Suite 206
PO Box 3005 Sart Bernardino,CA 92408-3443
Redlands, CA 92373 (909) 890-8626(Telephone)
(909) 798-7398 (Telephone) (909) 890-9605 (facsimile)
( 09) 335-4779 (Facsimile) Ji:-rl, niother,,rit)yalioo,cont
v��racr"ctcitv°��fr•cd l:�rtds,rrra
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be rade 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 Nl EMNIFiC "i IO
5.1 All insurance required by this Agreement shall be maintained by Consultant for the duration
of:its performance of the Services. Consultant ltant 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 of the policy or modification of the
policy's coverage limits except upon thirty(30)days prior written notice to City. Except for
workers" compensation, City shall be named an additional insured in such polices and the
insurance shall he primary with respect to City and non-contributing to any insurance or self-
insurance maintained:
Consultant shall secure and maintain Workers' Compensation and Employer' s Liability
insurance throughout the duration of its performance of the Services;,in an amount which
meets the statutory requirement with an insurance carrier acceptable to City.
5.3 Consultant shall indemnify, hold harmless and defend City and its appointed 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 darna e to property occasioned by
any act, omission or failure to act by Consultant, its officers" employees and agents in
performing the Services.
5.4 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 billion Dollars
($2,000,000)00)aggregate for public liability,property damage and personal injury is required
5.5 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..
5.6 Consultant shall secure and maintain business auto liability coverage,with minimum limits
of One Million Dollars($1.000,0 d)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.
ARTICLE 6 -CONFLICTS OF IN.l#EKES F
6.1 Consultant covenants and represents that it does not have any investment or interest in
the real property that is the subject ofthis Agreern nt or any ether source of income,
interest in real property or any 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,
62 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 of any City 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 any City 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 perforin 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
7')0
6.3 In the event City officially determines that Consultant must disclose its financial interests
by completing and filing a Fair Political Practices Commission Forin 700, Statement of
liconomic Interests, Consultant shall file the subject Form 700 Nvith the City Clerk's
office pursuant to the written instructions provided by the Office of the City Clerk.
ARTICLE '7`—CONFIDENTIALITY
7.1 Consultant understands and agrees that the Services, conclusions and appraisal reports
are confidential in nature. Neither the appraisal reports nor the opinions therein shall be
disclosed to anyone other than City's general counsel or City staff City' s
I 1 9
counsel. The appraisal reports,together with other documents required by the
Agreement, shall be submitted to City's general counsel in the same manner as notices
are given pursuant to this Agreement. Consultant understands and agrees that its duty of
confidentiality to the City does not end upon on the termination of this Agreement,
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ARTICLE fI - GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce-or interpret any of the terms or conditions
of this Agreement they prevailing Party shall, in addition to any costs and other relief: be
entitled to the recovery of its reasonable a torneys`fees, including fees for use of in-house
counsel by a Party.
8.2 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.
.3 Copies of all documents developed by Consultant pursuant to this Agreement, and any
copyright interest in such documents, shall become tate property of City and shall be
delivered to City upon the request of City.
8.4 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.
8.5 Unless earlier terminated. as provided for below, this Agreement shall terminate upon
completion and acceptance of the services by Cite=
8.6 This Agreement may be terminated by City;, in its sole discretion and without cause, by
providing five (y) business day's' prior w=ritten notice to Consultant(delivered by certified;
mail, return receipt requested) of intent to terminate,
.7 If this Agreement is terminated by City,an adjustment to Consultant's compensation shall b
made,but(I)no amount shall be allow=ed for anticipatedprofit or unperformed services,and
(21)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.
Lpon receipt of a ten-nination 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
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.
5
1-,,ca,,ciij-n",,Agreciii nt 4Pn)thcis p rii aal,doc:
8.9 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.
9,10 This Agreement, including the Exhibit 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 aniendirient to this Agreement shall be in writing,
approved by City and signed by City and Consultant.
8.11 This Agreement shall be governed by and construed in accordance vvith the laws of the State
of California.
INN WITNESS VVIIERLEOF.duly authorized representativesoft he City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS SMOTUERS APPRAISAL
2/17/2011
By: By:
Tina Kundig, Finance Director/City Tr(6a irer James Smothers
Attest:
A
Sam Irwin,t-1,<etary
6
SMOTHERS APPRAISAL
James Smothrrs,MAI,AS,*-,SRrt:,SR/WA 1881 C ommerccnter East,Suitt 206
Airpmhsrr-Consmitant_ 'cr a e' l-l nt' San Bernardino,CA 924(ts-344,3
Phonc.(909)8"-%26 Fox.( .)8"-9605
Email::jim.snothers(ok"Vaboo.com
ActivOwd St for A"ftiacr p io iwf
Erca1:. xbnatfammcec&gUC er#x4 LNIA dor .c+mitf rz esi:tsry,rn;e.- Carere&i0" ` a of Wa,Ax%UtWiva. Geeerak Rzas Estee A..psg,fasr�r
Rf fi'Mm Abe -rttz4 tsicair# ;ti9At, bcr ss€e4snprainai rassismte. 4 A, e s of Wag A.� Smote C:uri'icmtt�AC+td6i2TpS:
February 9,2011
Robert lalquest 909-798-7585
City of Redlands 909-798-7070
PO lox 3005 E rdalquestoa
./cityofiredlands.org
Redlands, California 92373
Appraisal of 100 acres a - vacant property located in
Redlands CA. APNs 0301-191-1 and 0301.143-3 ;
of Value-Current only
Dear Mr.I alque t:
Reference your request for an appraisal of the properly noted. Thank you for your consideration. Our
_firm is dedicated to client.service, integrity and ethicalvalues. We specialize in complex appraisals,
liti aticsn, condemnation and trust matters, and are experienced in expert witness testimony and appraisal
of a wide variety of properties.
SCOPE OF INVESTIGXnONS
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
Prqfessional Appraisal Practice (U PAP) It is anticipated the reWrtwill not include a leased fee or
leasehold analysis, business valuation subdivision analysis,partial ownership interest valuation,furni
fixture or equipment valuation.billboard valuation,feasibility ysis,mineral rights or market study;
This assignment will consist of meeting and conferring with you and/or your designated contacts, in
order to determine the overall appraisal requirements. It will entail an inspection of the subject.selection.
d analysis of comparable data. We will provide a srrrrrmart,,written reportand/or verbal consultation
with youand/or your legal counsel. Both Assessor Is will be appraisedas one site and included_
within one report. `Total fees are $3,000 for this assignment, payable in advance. Vote that our
fee does not include deposition,trial testimony or exhibit preparation We estimate completion within 30,
days from the date we are authorized to proceed Note that the accept Visa acrd ter ard
payments. Please let us (know tfyou avant this option. Subsequent charges andlor retainers mqy
he added, a pec(red in this contract.act
ADDITIONAL AL S RVIC AND CHARGSUS
This proposal includes initial meetings with agencies,owners or representatives,but excludes follo)A-up
meetings and/or consultations,which will be i l l on an hourly osis.
Should 1,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 fate prevailing at the
date of requirement.
HouRi.YFEEScmDuLE
Senior Appraiser: Appraisal Services: $225:.00 per hour.
Testirnony: $125.00 per hour(Minimum 4 hours, Includes Court,
Hearings and/or Depositions and travel time.).
Stand-by'firne: $75.001 per hour(maximum $1,800 in 24 hours)
Associate Appraisers: $125.00 per hour
Field Assistants. $75.00 per hour
Administrative: $15.00 per hour
Naming as Expert Witness; $1,000 Non-Refundable Fee,to be paid in advance of naming will b
applied to subsequent charges.
*Note, All fees are subject to change and are in addition to expenses, such as travel and lodging. All
fees must be paid in advance of Court Appearance,Testimony and/or Depositions.
Resolution of disputes or controversy arising under or relating to this agreement, and/or any
amendments hereof, shall be determined and settled in the San Bernardino Court, 303 West Third
Street, San Bernardino, California 92415. Should the assignment be canceled after work has
commenced,a cancellation fee will be charged,based on the percentage of completion as of the date of
cancellation Note than approxi telt' 2/3 of the total fee covers the field work, analysis, and verbal
estimate of value.
Our proposal is lased wart your description of the:assignment. if subsequently it is determined that a
more extensive analysis, or report is required, we, reserve the right to reVrise the f 'or proposal.
The report will her subject to Assumptions and Limiting Conditions typical in the appraisal industry.
Unless otherwise stated, we will assume the property is ` of contaminafiom A revelation that
contamination exists, would invalidate our analyses wd be cause for re-negotiation of the fee, Any
liability incurred from the report is limited to the amount of fees paid, Passage of 10 days from the
report date is considered to be evidence the client has reviewed the report and accepts responsibility for
payment.
We are prepared to begin research for the report upon receipt of all information requested, this
contract signed and dated specifyjng the, fees and terms of the agreement. Engagement by any other
means (e.g. by legal counsel, by letter, ein",verbally or by sending a retainer)constitutes agreement
vAth all terms of this corittact. The undersigned agrees to personal responsibility for all terms of this
agreement and payment of fees. If not signed by the property owner,the undersigned signs,as agent of
the property owner. Failure to returnall data requested Nvill delay the report. 'I'his proposal is subject
to change as additional assignments are received.
I hereby agree to the preceding terms and conditions.
Name: Printed Signed Date Phone No.
Respeethilly Submitted,
James Smothers,:MAI,ASA, SRA,SR/WA
Certified General Appraiser A6002102
- 3 -
JAMES SMOTHERS,MAI,ASA,SRA,SR/WA
1881 Commereenter East, Suite 206
San Bernardino,California 92408
Phone (909) 890-9626 Fax (909) 890-9605
APPRAISER QUALIFICATIONS
ED1JCA'nON
• California State Polytechnic University, Kellogg)-Voorhis, Pomona, California. Bachelor qf Science
Degfee received June 1970, Major in Business Management. Included courses in business, finance,
law, forecasting,economics,accounting,marketing, investments.
• San Bernardino Valley College, San Bernardino, California. Associate (?f Arts Devee June 1968:
Major in Business Administration. Included courses in residential & commercialappraising, law,
statistics,forecasting,economics,accounting.
• (7erti/icrte of Completion of post graduate courses in Real Fstate,June 16, 1978.
• California State Board of Equalization, courses in appraisal of single & multi-family residential
properties, income producing, commercial - industrial properties, mortgage equity techniques.
AdvancedAppraiser certificate issued October 12, 1978.
• Appraisal Institute, American Society of Appraisers,International Right of Way Association, various
courses and seminars. I have completed all requirements of their continuing education programs.
APPRAISAL EXPERTENCF
• Since 1971, 1 have worked full time at appraising various types of property, including: shopping
centers, motels, office buildings, airports, places of worship, restaurants,theaters, time share projects,
a health spa, automotive dealerships, landfills, service stations, proposed& failed subdivisions, mobile
home parks, lumber yards, cemeteries, modular homes, offices& classrooms, a private university, an
historic hotel and Christian retreat, a City Hall complex, a Superior Courthouse, a former Bankruptcy
Courthouse, a Police Department and Jail, metal buildings, agricultural properties, dairies,, mining
operations, historical properties, hospital '; co nvalescent facilities, possessory and partial interests,
access rights, Surface, underground and aerial easements, water rights, leasehold & leased Ice
interests, single & multi-family dwellings, open space restricted properties, mass assessment districts.
endangered species conservation properties, litigation,eminent domain,transportation corridors, partial
acquisition appraisals and vacant land.
• Principal Appraiser San Luis Obispo County, July. 1984 to September, 1985. Included supervision&
review of six supervising appraisers & 45 appraisers. Responsible for residential, commercial,
industrial & special property, appraisals, as well as map making, business audits & data processing
coordination.
• San Bernardino County, August, 1971 to July, 1984: Included advancements to Appraiser IV,
supervision& review of residential,commercial, industrial& special property ap ra se
p i. rs
- 4 -
PROFESSIONAL AFFILIATIONS & CREDENTIALS
• State of California, Office of Real Estate Appraisers Certificate Certified General Real Estate
Appraiser,Number A6002102.
• American Society of Appraisers - DualDesignated ASA, 1/1/85 Senior Member- Ileal property
Residential and 6/5191 ASA. Accredited Senior Appraiser - Real Property, Urban (Commercial -,
Industrial). 1990-1991 .President of Inland Empire Chapter & California State Director. Approved
Instructor for ASA Masses. Instructor of OREA approved ved Forensic Appraising Seminar.
• Appraisal Institute: - I0/8/96 Desig=nated MAI, Member. 10/1/91 Designated SRA,Senior Residential
Appraiser. Served on SRA, Experience Review Committee. 1994-1998 member of I Regional Ethics
and Counseling Panel 1997 Board of Directors, Pacific Chapter. 'Instructor of ORI A approved
Forensic Appraising;Septi
• International Right of Nay Association -> Designated SR/WA, Senior Right of Way Agent, 7/11111.
Professional Development Committee, 20,02-2004.
• Licensed Broker California Department ofReal Estate,Number 014643 24,November 15,2004.
• Member, International Society of Arboriculture.
• California Community College Teaching Credential in Real Estate, September, 1978(valid for life).
• Past appraisal Instructor for California State Board of Equalization, San Bernardino County & San
Luis Obispo County.
• California State Board of Equalization, Advanced Appraiser Certificate, 10/12/78.
• Fortner Advisory Board Member, Business Bank of California-
• Former C'itizen's Advisory Board Member, Inland Valley Development Agency, San Bernardino
International Airport.
• Approved Appraiser with the Resolution Trust Corporation (RTC); Federal Deposit Insurance
Corporation (FDIC); Sart Bernardino Associated Government ' (SANBAG); Federal Department o
Housing & Urban Development (HUD); California Department of Veterans Affairs (Cal-Vet) ,
various Inland Empire Cities, Counties and agencies_ Experienced with Federal National Mortgage
Association(FNMA)&Relocation appraisals:-
• Testified in San Bernardino, Riverside, Orange, Los Angeles& Sart Diego Countiesa-
• Expert Witness,Assessment Appeals Board, San Bernardino. Riverside&San. Luis Obispo Counties.
PERSONAL I V S"IMEN'`I"I PFR fNCF'
• Residential & commercial: development., Property acquisition, development & ownership, including`
two custorn homes&one commercial property. 0-wrier/operator of a Deli/Restaurant for 14 years..
• Rental income properties. Acquisition,o�ovrrership&trumagernent, from 1985 to present
•; Second trust deeds. Acquisition,,ownership&managernem,from 1978.
CITY OF
f-D PURCHASE ORDER
PO Box 3005•Redlands,CA 92373 VENDOR I.D. 000475
Phone(909)798-7525 PAX(909)798-7522
i 5 SMOTHERS REQUISITION NO 69953
1881 M RCENTR LAR EAST STE . 0 6 OUR PURCHASE ORDER NUMBER mU T
SAN B RN.ARD INt a CA 92408 APPEAR ON ALL INVOICES,PACKING
LIST AND CORRESPONDENCE.
P010262
OSEND INVOICE TO-
REDEVELOP TENT AGENCY � y
1 i EAST a CITY OF REDLANDS
REDLANDS, CA 92373 A N: ACCOUNTS PAYABLE
RO. BOX 3006
REDLANDS, CA 92373—,
DESCRIPTION � QTY �lMtT IJNtT PRIGS t:XTEIrIStt�C+,t
CONFIRMING ORDER VIA FAX TO
FAMES SMOTHERS 02/22/11.
;0001 ! PROVIDE APPRAISAL OF 100 1 JO 3, 000.0� 3, 000 . 00
ACRES/+-VACANT PROPERTY LOCATED
FIN REDLANDS, CA.
APNS 0301-191-1 AND 0301-143-
A'II°ENTION! REFERENCING
PURCHASE ORDER NUMBER ON
I INVOICE WILL EXPEDITE PAYMENT; �
P
PAYMENT TERMS- NET 30
ikpprsued for payt
51:+E ATTACHED COPY OF
THE TERMS ANI? CONDITIONS. FOt i
s . 1 . i
Vendpr No. �
`NOTE; PURCHASE ORDER WILL BE
VAILD ONLY WITH A CURRENT f±t��� � f �,lv� i
' APPROVED MINIMUM LIABILTTI
COVERAGE ON FILE WITH RISK
5 AGEMENTa
TOTAL8cgoypt Numbers s 3, 0'00.
227130 5190 THE ARTICLES SPECIFIED ARE SUBJECT TO THE FOLLOWINGCONDITIONS:
} 1.-Goods rather than those specified on this order must not be substituted or prices changed without authorization,
! 2. The right of cancellation In case or long delay In shipment is reserved,
"
1 If tha
r n P ;, quantity stripped Is short of the purchase carder quantity,specify on the packing slip It that gclaratlty Is on
hack order or cancelled.
` 4. prepay shipping charges,it any,and add to invoice,
6. Ship"'open Account." No c,0.0,°s will be accepted:
3 I' 01 r
P
2 I AUTHORIZED SIGNATURE
✓ I cortity that the Article and/or Services have
_.... !_ been received and that sante have been inspected
,s and accepted as otherwise Indicated hereon.
Date, Signed: I' ein °ry