HomeMy WebLinkAboutA8339 - CURTIS ROSENTHAL, Inc #1APPRAISAL SERVICES AGREEMENT
,,41HIS APPRAISAL SERVICES AGREEMENT (the "Agreement") is made this
day of July, 2019 (herein referred to as the "Effective Date") by and between
the City of Palm Springs, a California charter City ("City"), and Curtis -Rosenthal, Inc.,
("Consultant"), who agree as follows:
1. Services. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to the reasonable satisfaction of City the
appraisal services for APN 677-540-028 (1.35 acres) 677-540-029 (4.31 acres)
and 681-480-011 (42.32 acres), set forth in Exhibit "A" to this agreement. As a
material inducement to City to enter into this Agreement, Consultant represents
and warrants that it has thoroughly investigated and considered the scope of
services and fully under stands the difficulties and restrictions in performing the
work. Consultant represents that it is experienced in performing the work and will
follow professional standards in performance of the work. All services provided
shall conform to all federal, state and local laws, rules and regulations and to
professional standards and practices. The terms and conditions set forth in this
Agreement shall control over any terms and conditions in Exhibit "A" to the contrary.
a. Consultant shall be paid in accordance with the rates attached hereto as
Exhibit "A", but in no event shall Consultant's total compensation for all services
performed under this Agreement exceed thirteen thousand, five hundred dollars
($13,500), without the prior written authorization of the City Manager or the City
Manager's designee ("City Manager"). Consultant shall be responsible for notifying the
City Manager or the City Manager's designee if the not to exceed amount is about to
expend.
b. The above fee shall include all costs, including but not limited to, all
clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto
rental, subsistence and all related expenses.
3. Pavmant
a. As scheduled services are completed, Consultant shall submit to City
an invoice for the services completed, authorized expenses and authorized extra
work actually performed or incurred.
b. City will pay Consultant the amount invoiced within thirty (30) days
after the approval of the invoice.
C. Payment shall constitute payment in full for all services, authorized
costs and authorized extra work covered by that invoice.
4. Chan92 Orders, No payment for extra services caused by a change
in the scope or complexity of work, or for any other reason, shall be made unless
and until such extra services and a price therefore have been previously authorized
in writing and approved by the City Manager as an amendment to this Agreement.
The amendment shall set forth the changes of work, extension of time for
preparation, and adjustment of the fee to be paid by City to Consultant.
5 Licenses, Designation. Consultant represents that it and any
subcontractors it may engage, possess any and all licenses which are required
under state or federal law to perform the work contemplated by this Agreement
and that Consultant and its subcontractors shall maintain all appropriate licenses,
during the performance of this Agreement. If required by City, Consultant warrants
and covenants that its principal has achieved and will maintain in good standing
throughout the term of this Agreement an " MAI" (Member of Appraisal Institute)
designation corresponding to each real property identified in Exhibit "A" to this
Agreement (e.g., residential, commercial, industrial, etc.).
Mark Here if
MAI
Required
6. ladMndent C20tractor. At all times during the term of this
Agreement, Consultant shall be an independent contractor and not an employee of
City. City shall have the right to control Consultant only insofar as the result of
Consultant's services rendered pursuant to this Agreement. City shall not have the
right to control the means by which Consultant accomplishes services rendered
pursuant to this Agreement. Consultant shall, at its sole cost and expense, furnish
all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Consultant acknowledges that Consultant
and any subcontractors, agents or employees employed by Consultant shall not,
under any circumstances, be considered employees of City.
7. Consultant Not Agent, Except as City may specify in writing and as
set forth in this Agreement, Consultant shall have no authority, express implied, to
act on behalf of City in any capacity whatsoever as an agent. Consultant shall have
no authority, express or implied,to bind City to any obligation whatsoever.
8. Assignment or Subcontracting. No assignment or subcontracting
by Consultant of any part of this Agreement or of funds to be received under this
Agreement shall be of any force or effect unless the assignment has had the prior
written approval of City. City may terminate this Agreement rather than accept any
proposed assignment or subcontracting.
9. Insurance. Consultant shall maintain during the life of this Agreement
professional liability insurance covering errors and omissions arising out of the
performance of this Agreement with a combined single limit of $1,000,000.
Consultant agrees to keep such policy in force and effect for at least three years
from the date of completion of this Agreement as long as such insurance is
available on reasonably acceptable terms. Consultant shall provide a certificate of
insurance evidencing such coverage. Consultant shall provide City with evidence
in the form of a certificate that should this insurance policy be canceled before the
completion of all services contemplated by this Agreement, the issuing company will
mail no less than thirty (30) days written notice to the City.
10. Time Is of the Essence. Time is of the essence in this Agreement.
Consultant shall do all things necessary and incidental to the prosecution of
Consultant's work.
11. Products of Consultant The documents and appraisal report and other
products produced or provided by Consultant for this Agreement shall become the
property of City upon receipt. Consultant shall deliver all such products to City prior to
payment for same. City may use, reuse or otherwise utilized such products, but only
in connection with City's purchase or acquisition of the property that is the subject of
the appraisal.
12. TeMiloation. City Manager may for any reason terminate this Agreement
by giving the Consultant not less than five (5) days written notice of intent to terminate.
Upon receipt of such notice, the Consultant shall immediately cease work, unless the
notice from City Manager provides otherwise. Upon the termination of this Agreement,
City shall pay Consultant for services satisfactorily provided and all allowable
reimbursements incurred to the date of termination in compliance with this Agreement,
unless termination by City shall be for cause, in which event City may withhold any
disputed compensation. City shall not be liable for any claim of lost profits.
13. Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Consultant shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information
(collectively, the "records") pertaining to the costs of and completion of services
performed under this Agreement. City Manager shall have access to and the right to
audit and reproduce any of Consultant's records regarding the services provided under
this Agreement. Consultant shall maintain all such records for a period of at least three
(3) years after termination or completion of this Agreement. Consultant agrees to make
available all such records for inspection or audit at its offices during normal business
hours and upon three (3) days' notice from City Manager, and copies thereof shall be
furnished if requested.
14. Oovernina Law, Venue, This Agreement shall be construed in
accordance with and governed by the laws of the State of California and Consultant
agrees to submit to the jurisdiction of California courts. The venue for any dispute
arising from or related to this Agreement shall be the Superior Court of the State of
California, County of Riverside, and Palm Springs Courthouse.
15. Integration, This Agreement constitutes the entire agreement of the
parties. No other agreement, oral or written, pertaining to the work to be performed
under this Agreement shall be of any force or effect unless it is in writing and signed by
both parties. Any work performed which is inconsistent with or in violation of the
provisions of this Agreement shall not be compensated.
16. City Officers And Employees: Non -Discrimination
16.1 Non -Liability of City Officers and Employees. No officer or
employee of City shall be personally liable to the Consultant, or any
successor -in -interest, in the event of any default or breach by City or
for any amount which may become due to the Consultant or its
successor, or for breach of any obligation of the terms of this
Agreement.
16.2 Conflict of Interest. Consultant acknowledges that no officer or
employee of the City has or shall have any direct or indirect financial
interest in this Agreement nor shall Consultant enter into any
agreement of any kind with any such officer or employee during the
term of this Agreement and for one year thereafter. Consultant
warrants that Consultant has not paid or given, and will not pay or
give, any third party any money or other consideration in exchange
for obtaining this Agreement.
16.3 Covenant Against Discrimination. In connection with its
performance under this Agreement, Contractor shall not discriminate
against any employee or applicant for employment because of actual
or perceived race, religion, color, sex, age, marital status, ancestry,
national origin (i.e., place of origin, immigration status, cultural or
linguistic characteristics, or ethnicity), sexual orientation, gender
identity, gender expression, physical or mental disability, or medical
condition (each a "prohibited basis"). Contractor shall ensure that
applicants are employed, and that employees are treated during their
employment, without regard to any prohibited basis. As a condition
precedent to City's lawful capacity to enter this Agreement, and in
executing this Agreement, Contractor certifies that its actions and
omissions hereunder shall not incorporate any discrimination arising
from or related to any prohibited basis in any Contractor activity,
including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship; and further, that
Contractor is in full compliance with the provisions of Palm Springs
Municipal Code Section 7.09.040, including without limitation the
provision of benefits, relating to non-discrimination in City
contracting.
17. Notice. Any notice, demand, request, consent, approval, or
communication that either party desires, or is required to give to the other party or any
other person shall be in writing and either served personally or sent by pre -paid, first-
class mail to the address set forth below. Notice shall be deemed communicated
seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
Either party may change its address by notifying the other party of the change of
address in writing.
TO CONSULTANT:
Curtis -Rosenthal, Inc.
Randall Blaesl, ASA, MRICS
Director, Appraisal & Litigation Consulting
8300 Utica Avenue, Suite 173
Rancho Cucamonga, CA 91730
Main: (310) 215-0482
Direct: (909) 736-7675
TO CITY:
City of Palm Springs
David H. Ready, Esq., Ph.D.
City Manager
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Main: (760) 322-8202
Direct: (760) 323-8380
SIGNATURES ON THE FOLLOWING PAGE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
dates stated below.
Date:
1
APPROVED AS TO FORM:
"CITY$$
CITY OF PALM
David H. Ready,
City Manager
ATTEST:
By: B�
y:It/L
J re al ing thony J j, M C
City Attorney City Clerk T
Curtis-Rosenthal, Inc.
Date: 710kLa By:
Date: By:
APPR0M BYCIiYWAGER
39 I �
7
Signature
-i^A� �
L�n��
Signature
Printed Name/Title
EXHIBIT "A"
SCOPE OF SERVICES
AND
SCHEDULE OF COMPENSATION
SCOPE OF SERVICES
AND
SCHEDULE OF COMPENSATION
The purpose of the appraisals is to determine the market value for the subject properties
based on their highest and best use. The appraisals will be used for acquisition purposes,
but the acquisitions are not subject to any eminent domain action.
Curtis -Rosenthal, Inc., will prepare and deliver an appraisal report for each property,
APN: 677-540-028, 677-540-029, and 681-480-011, in full compliance with Uniform
Standards of Professional Appraisal Practice (USPAP).
APN: 677-540-028 (1.35 acres)
677-540-029 (4.31 acres)
LOCATION: District Center Drive and Gene Autry Trail
ZONING: MIP (Planned Research and Development Park Zone)
GENERAL PLAN: Industrial
APN: 681-480-011 (42.32 acres)
LOCATION: North of E Palm Canyon Drive
ZONING: Urban Reserve Zone
GENERAL PLAN: Special Policy Area
For the above described services the fee for the completion of two appraisal reports is
$13,500. Delivery of appraisal reports will be completed within 3 weeks of receiving
notice to proceed.
HUB INTERNATIONAL
2300 CLAYTON RD SUITE 300
CONCORD CA 94520-2175
CITY OF PALM SPRINGS
CITY MANAGER
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262