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Home My Public Portal AboutORD12083 3+ yi.ys 4 r:i BILL NO. 94-21 SPONSOR Nilges& Bertel •a ORDINANCE NO. 12003 AN ORDINANCE AUTHORIZING RETENTION OF AN INDEPENDENT APPRAISAL COMPANY FOR THE PURPOSES OF PROVIDING APPRAISAL SERVICES RELATED TO THE FLOOD BUYOUT PROGRAM. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1: The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Independent Appraisal Company. The agreement shall not exceed Thirty Thousand Dollars ($30,000.00). Section 2: The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3: This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: _ 9� residing 0 r May ATTEST: City Clerk i } r ,.,y ii ,'L rc+.. .l .#a , �1 ,n,t�Jv,,. {'..#i:.ti;-�f;nj,L ' .Y`i '•ksU.:i�' °� , .S `. .y� yi.4 .Si � +};..+yvd� i c i r I ,P,•..-.... ,.a.p %. d i y I 1 VIA CONTRACT FOR PROFESSIOI&L SERyIC , z± THIS .AGREEMENT, made and entered into this ay of �hcreinafter , 1994, by w, — and between the City of Jefferson City, Missouri, a municipal cor rreferr ed to as "City" with offices at 320 East McCarty, Jefferson City, Missouri, 65101, and Independent ` Appraisal Co., hereinafter referred to as the "Contractor." >r WITNESSETH: THAT, WHEREAS,the City desires to engage the Contractor to render certain technical and professional appraisal services hereafter described in Exhibit A. WHEREAS, the Contractor made certain representations and statements to the City with :^ respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor. NOW,THEREFORE, for the considerations herein expressed, it is agreed by and between }*= ' the Ci ty and the Contractor as follows: # 1. Scope of Services. The City agrees to engage the services of the Contractor to perform the J. services hereinafter set forth in connection with project described in Exhibit A. ' 2. Additional Services. The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A. The Contractor shall iuidertake such changed activities only upon the direction of the City.All such directives and changes shall be in written form and approved by the City Counselor and shall be accepted and countersigned by the Contractor or its agreed representatives. 3. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of s. services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 4. Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor.All of the services required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. t cAcontract\profserv\gordon.wpd �� 7 r tk `7.,ti7 '.a ` � � .�'�+;r :F e..1 f ``z'l� i :'7'.i. ,u. .' .i•ti�ikn'.�z ,� �,r' .� � ..� ,,�' ti Z>• r RI iM1 5. Notice to Proceed The services of the Contractor shall commence as directed in the Notice of Proceed and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. ' 6. Qgmpon ation, The City agrccs to pay the Contractor in accordance with the terms set forth t in Exhibit A,which shall constitute complete compensation for all services to be rendered under this contract. The final payment will be subject to receipt of a requisition for payment and a statement `w of services rendered certifying that the Contractor fully performed all work to be paid for in such progress payments in conformance with the contract. Such compensation mill be paid in progress payments. No change in compensation shall be made unless there is a substantial and significant �s difference between the work originally contemplated by this agreement and the work actually required. 7. Failure to Perform. Cancellation. If,through any cause,the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract,the City shall thereupon have the right i5 v to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The Contractor may without cause terminate this contract u p on 30 days prior written �• notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, w r maps, models, photographs, and reports or other materials prepared by the Contractor under this iYr;;iS! contract shall, at the option of the City, become its property, and the compensation for an p Y satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above,the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 8. Assignment. The Contractor shall not assign any interest in this contract, and shall not r transfer any interest in the same(whether by assignment or novation),without prior written consent J of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City r ' under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement,though City will attempt to so notify any such assignee. 9. Confidentialit,X Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be y made available to any individual or organization by the Contractor without prior written approval of the City. Y 10. Nondiscrimination, The Contractor agrees in the performance of the contract not to } discriminate on the grounds or because of race,creed,color,national origin or ancestry, sex,religion, { handicap, age or political affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. c:\contract\profsery\gordon.wpd 2 r Gj t j � = ,�Yi`,�.��f. �tYl.'r'v+c� ' 'i•°F!3 t tit-�+��•;. 'AS h, ,�ry'r WMI;'11.r 7i � ` .�r:. �. .,� ..i�{. :r Ir.i �. ' :•' .,.�"'i i`�ri�,�n1v i F i,v vp,t x� aa a`•'kn' `^..` Y3' 11. Independent Contractor, The Contractor is an independent contractor acid nothing herein ;daf 3 shall constitute or designate the Contractor or designate the Contractor or any of its employees as ;• agents or employees of the City, r, a. 12. Ben ts not Ayail able, The Contractor shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workmen's Compensation Program of the City, r " f� 13. i ili . The parties mutually agree to the following: t a. In no event shall the City be liable to the Contractor for special, indirect, or E consequential damages, except those caused by the City arising out of or in any way i connected with this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. :k. K, /tRt i b. The Contractor shall defend, indemnify, and hold the City harmless from and against -, all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property which are caused by the Contractor arising out of or in any way connected with this contract. r}; 14. Documents. Reproducibles of tracings and maps prepared or obtained under the terms of this ti Contract shall be delivered upon request to and become the property of the City upon termination or completion of the work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this Contract shall be made available,upon request,to the City without restrictions or limitations on their use. When such copies are requested,the City agrees to pay the Contractor its costs of copying and delivering same. 15. Nonsolicitation. The Contractor warrants that he has not employed or retained any company 4' or person,other than a bona fide employee working solely for the Contractor,to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide 'fr employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts,. or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty,the City shall have the right to annul this Contract without liability,or,in its discretion,to deduct from the Contract price or consideration,or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 1 16. Books and Records. The Contractor and all his subcontractors shall maintain all books, documents,papers, accounting records and other evidence pertaining to costs incurred in connection «; with this Contract, and shall make such materials available at their respective offices at all reasonable times during the Contract and for a period of three(3)years following completion of the Contract. 17. Delays. The Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor;the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this Contract; and under no circumstances will the Contractor be liable for indirect or consequential damages. eAcontmct\profsery\gordon.wpd 3 A>•,1 l fP i �A t. 7 t.. S� j4. r .�rt, jN i", . �r �'k"j 4�{ t', +' 4�, �FF'' ` .�� t' r ;} i�{di 14. �Y� 4. .(� i J y,. ,1h i �x..k•j j 1 P .t i`rG$v1 Yjf h 18. Notices„All notices required or permitted hereunder and required to be in writing may be given by first class mail addressed to City of Jefferson, c/o City Clerk , 320 East McCarty Street, Jefferson City,Missouri 65101, and Independent Appraisal Co,, 600 Monroe, Suite 200, Jefferson City, Missouri 65101. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing, EXECUTED THIS JeDAY OF , 1994. INDEPENDENT APPRAISAL CO, CITY OF JEFFERSON, MISSOURI Title.�"'p -� M or 7/j- ST: A EST: r Title: V ; , City Clefk APPRO D A ORM: Co r r c:\contract\profsorv\gordon.wpd 4 f General Requirements the Law Department, City The appraiser shall provide property appraisal services for erms and conditions of this Request for Proposal. of Jefferson in accordance with the t 1.1 The appraiser shall perform the property appraisals in Cole and Callaway Counties. ill be ee, that there w 1.2 The Law Department estimates, but does not guarant praisals required in Cole and Callaway Counties approximately 75 property aP the con-tract shall not be d understand that 1.3 The appraiser shall agree an xclusive arrangement and further agrees that the City Of construed as an e e identical and/or similar services from other Jefferson, Missouri may secur eplacement of the appraiser's sources at any time in conjunction with or in r services. 2. Specific Requirements ed to perform appraisal services. State of Nfissouri certifi 2.1 The appraiser must be 2.1.1 The appraiser must contact the owner before performing the property appraisal. raisal based on preflood, July praiser should formulate the property app 2.2 The ap g standard MAI approved methods. 1993 condition usin Pricing 3. 3.1. Total price per appraisal $200.00/single family residential -- $40.00 3.2 Hourly rate for attending hearings --one year from date of award 3.3 Period for which prices will be honored -20 3.4 Number of appraisals accepted at any one time -- 15 -- 10 days or less owing request 3.5 Turnaround time for each appraisal foll me property-- $350.00 3.6 Small residential inco 3.7 Commercial buildings and land on a quote basis or $40.00 per hour 5 c-.Ncontmct\profserv\gordon.wpd !yt J Ar y Appraisal Services ` 1. Missouri Property Appraisal Randall Herring, President 634-2655 2. Independent Appraisal Co. Darrel Gordon, Daniel Gordon 634-7755 3. Cannon&Blaylock Teddy Blaylock MAI, co-owner 449-4177 4. Property Research Company ra James C. Jordan, President 635-4944 Total Price Hourly Rate/ Period Prices No. Accented Turn- Per Appraisal H arin s Honored At One Time around `Y ! 1. 245,00 50.00 End of 1994 20 30 day 2. 200,00 40.00 One Year 15-20 10 day K 3. 400.00 90.00 Duration of prof. 30 30 day 15 25 day 4. 375.00 50.00 One Year 15-20 30-45 Cedar City days 325.00 Mulberry St. 325.00 Geneva St. }A ;{ fr'�, IN I'll