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HomeMy WebLinkAbout00484C - MACKENZIE WAGNER & ASSOC APPRAISAL PRAIRIE SCHOONER FAIR MARKET VALUE MacKenzie, Wagner&Assoc., hie. Appraisal for Prairie Schooner Parking Lot COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM ' AGREEMENT #A484C Exec Dir signed 8-10-04 CONTRACT SERVICES AGREEMENT FOR APPRAISAL SERVICES RELATED TO PRAIRIE SCHOONER PARKING LOT THIS CO�TRACT SERV1,CES AGREEMENT(herein "Agreement"), is made and entered into this A�kLday of , 2004, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, a public body, corporate and politic, (herein"Agency")and MACKENZIE, WAGNER&ASSOCIATES, INC.a real estate appraisal and consultation firm (herein "Contractor"). The term Contractor includes professionals performing in a consulting capacity. The parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the "Scope of Services' attached hereto as Exhibit"A" and incorporated herein by this reference, which services may be referred to herein as the"services"or"work" hereunder. As a material inducement to the Agency entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services _ contemplated herein and, in liqht of such status and experience Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.2 Contractor's Proposal. The Scope of Service shall include the Contractor's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern. 1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of the Agency and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1.4 Licenses, Permits. Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the services required by this Agreement, and shall indemnify, defend and hold harmless Agency against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against Agency hereunder. 1.5 Familiarity with Work. By executing this Contract, Contractor warrants that Contractor(a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the services should be performed and (c)fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. -1- If the services involve work upon any site, Contractor warrants that Contractor has, or will, investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Contractor discover any latent or unknown conditions,which will materially affect the performance of the services hereunder, Contractor shall immediately inform the Agency of such fact and shall not proceed except at Contractor's risk until written instructions are received from the Contract Officer. 1.6 Care of Work. The Contractor shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers,documents, plans,studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages,to persons or property, until acceptance of the work by Agency, except such losses or damages as may be caused by Agency's own negligence. 1.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other. 1.8 Additional Services. Agency shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Office the on rac or, mcorpora mg erem any a ustment m(ij the Contract Sum, and/or(ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor. Any increase in compensation of up to five percent(5%) of the Contract Sum or $25,000; whichever is less, or in the time to perform of up to one hundred eighty(180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the Agency. It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably contemplated therein. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore. 1.9 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit"B" and any other provisions of this Agreement, the provisions in Exhibit "B" shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, the Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Five Thousand Five Hundred Dollars ($5,500.00) (herein "Contract Sum"), except as provided in Section 1.8. The method of compensation may include (i) a lump sum payment upon completion, (ii) payment in accordance with the percentage of completion of the services, (iii) payment for time and materials based upon the Contractor's rates as specified in the Schedule of Compensation, but not exceeding the Contract Sum or(iv)such other methods as may -2- be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense approved by the Contract Officer in advance, and no other expenses and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the Agency; Contractor shall not be entitled to any additional compensation for attending said meetings. 2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first (15t)working day of such month, Contractor shall submit to the Agency in the form approved by the Agency's Director of Finance, an invoice for services rendered prior to the date of the invoice. Except as provided in Section 7.3, Agency shall pay Contractor for all expenses stated thereon which are approved by Agency pursuant to this Agreement no later than the last working day of the month. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s)established in the "Schedule of Performance" attached hereto as Exhibit"D", if any, and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180) days cumulatively. 3.3 Force Majeure. The time period(s)specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather,fires,earthquakes,floods,epidemics,quarantine restrictions,riots,strikes,freight embargoes, wars, litigation, and/or acts of any governmental agency, including the Agency, if the Contractor shall within ten(10)days of the commencement of such delay notifythe Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the Agency for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section. 3.4 Term. Unless earlier terminated in accordance with Section 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one(1)year from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D"). 4.0 COORDINATION OF WORK 4.1 Representative of Contractor. The following principals of Contractor are hereby designated as being the principals and representatives of Contractor authorized to act in -3- its behalf with respect to the work specified herein and make all decisions in connection therewith: Paul W. Wagner James H. MacKenzie, MAI It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for Agency to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Contractorand devoting sufficienttime to personally supervise the services hereunder. For purposes of this Agreement,the foregoing principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of Agency. 4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the Executive Director of Agency. It shall be the Contractor's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by Agency to the Contract Officer. Unless otherwise specified herein, any approval of Agency required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the Agency required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial m d ucemen�r a gency to enter into t is Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the Agency. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of Agency. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%)of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding,this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of Agency. 4.4 Independent Contractor. Neither the Agency nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. Agency shall have no voice in the selection, discharge, supervision or control of Contractor's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of Agency and shall remain at all times as to Agency a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of Agency. Agency shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. 5.0 INSURANCE, INDEMNIFICATION AND BONDS 5.1 Insurance. The Contractorshall procure and maintain,at its sole costand expense, in a form and content satisfactory to Agency, during the entire term of this Agreement -4- including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily and property damage. Said policy shall include coverage for owned, non- owned, leased and hired cars. (d)Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit "B". All of the above policies of insurance shall be primary insurance and issued by companies w ose rating satisfies the requirements in Section 5.4 of this agreement. The insurer shall waive all rights of subrogation and contribution it may have against the Agency, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date,submit new evidence of insurance in conformance with this Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the Agency with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the Agency. The contractor agrees that the provisions of this Section 5.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 4.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 5.2 Indemnification. Contractor agrees to indemnify the Agency, its officers, agents and employees against, and will hold and save them, and each of them, harmless from any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities")that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents,employees,subcontractors,or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision,covenant or condition of this Agreement,whether or not there is concurrent passive or active negligence on the part of the -5- Agency, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the Agency, its officers, agents or employees, who are directly responsible to the Agency, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the Agency, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the Agency, its officers, agents, and employees harmless therefrom; (c) In the event the Agency, its officers, agents or employees are made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the Agency, its officers, agents or employees, any and all costs and expenses incurred by the Agency, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5.3 Performance Bond. Concurrently with execution of this Agreement,Contractor s a e fiver o gency a pe ormance bond in the sum of the amount of this Agreement, in the form provided by the Agency, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original, notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 5.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A"or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, unless such requirements are waived by the Risk Manager of the City of Palm Springs ("Risk Manager") due to unique circumstances. In the event the Risk Manager determines that the work or services to be performed under this Agreement create an increased or decreased risk of loss to the Agency, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that the Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the Agency Board within ten(10)days of receipt of notice from the Risk Manager. 6.0 REPORTS AND RECORDS 6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the Agency is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may orwill materially increase or decrease the cost of the work or services contemplated -6- herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed. 6.2 Records. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of Agency, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three(3)years following completion of the services hereunder, and the Agency shall have access to such records in the event any audit is required. 6.3 Ownership of Documents. All drawings, specifications, reports, records, documents and other materials prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of Agency and shall be delivered to Agency upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by Agency of its full rights of ownership of the documents and materials hereunder. Any use of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the Agency's sole risk and without liability to Contractor, and the Agency shall indemnify the Contractor for all damages resulting therefrom. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to Agency any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify Agency for all damages resulting therefrom. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 7.0 ENFORCEMENT OF AGREEMENT 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county. Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement,the injured party shall notify the injuring party, in writing, of its contentions by submitting a claim therefor. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the injured party; provided that if the default is an immediate danger to the health, safety and general welfare, such immediate action may be necessary. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal -7- action in the event that the dispute is not cured, provided that nothing herein shall limit Agency's or the Contractor's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. Contractor hereby authorizes Agency to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate Agency for any losses, costs, liabilities, or damages suffered by Agency, and (ii)all amounts for which Agency may be liable to third parties, by reason of Contractor's acts or omissions in performing or failing to perform Contractor's obligation under this Agreement. In the event that any claim is made by a third party,the amount or validity of which is disputed by Contractor,or any indebtedness shall exist which shall appear to be the basis for a claim of lien, Agency may withhold from any payment due, without liability for interest because of such withholding,an amount sufficient to cover such claim. Thefailure of Agency to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect Agency as elsewhere provided herein. 7.4 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and reme ies expressly declared to be exclusive in this Agreement,the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies,either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the Agency the sum of Zero Dollars($0.00)as liquidated damages for each working day of delay in the performance of any service required hereunder,as specified in the Schedule of Performance(Exhibit "D"). The Agency may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. 7.8 Termination Prior to Expiration Of Term. This Section shall govern any termination of this Agreement except as specifically provided in the following Section for termination for cause. The Agency reserves the right to terminate this Agreement at any time, with or without cause, upon thirty(30)days written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to Agency, except that where termination is due to the fault of the Agency, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except as may be specifically approved by the Contract Officer. Except -8- where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2. 7.9 Termination for Default of Contractor. If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, Agency may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the Agency shall use reasonable efforts to mitigate such damages), and Agency may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the Agency as previously stated. 7.10 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be en II tawl o aI Io er reasonable costs tor roves igatrng suc ac ion, to rng depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 8.0 AGENCY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 8.1 Non-liability of Agency Officers and Employees. No officer or employee of the Agency shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the Agency or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of the Agency shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 8.3 Covenant Against Discrimination. Contractor covenants that,by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color,creed, religion,sex, marital status, national origin, or ancestry. -9- 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, document, consent, approval, or communication 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 prepaid, first-class mail, in the case of the Agency, to the Executive Director of the Agency and to the attention of the Contract Officer, COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263. In the case of the Contractor, it should be addressed to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two(72)hours from the time of mailing if mailed as provided in this Section. 9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.3 Integration: Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 9.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that(i)such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [SIGNATURE PAGE FOLLOWS] -10- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST- COMMUNITY REDEVELOPMENTAGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA, a public body, corporate and B ct `�i'ti" � - politic Assistant Secretary APPROVED AS TO FORM: Executive Director By: 4p A� � 1 Agency Counsel ii(rr i J (Check one: _Individual Partnership Ua _ Corporation) ru1 �1 �ilu� fi� ="5�U0 Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice 41, President'AND B.secretary, re Assistant Secretary Treasur 0� —, gr�nw Assistant Treasurer,or Chief Financial Officer). Procurement &T Contracting MacKenzie, Wagner & Assoc., Inc. ("CONTRACTOR"): Signature (Notarized) ,r �, d �,.,,, C--e.`Ga::e" �°�.A°s lr•�e,y�.a {' — L!✓C�� �-�_ Se c.f.(� Print Name &Title By{ iW. 7d_ Signature (Ni7farized) LC:f) <m¢a-C -- Yc?e ,,2-C Print Name &Title Mailing Address: MacKenzie, Wagner&Assoc., Inc. ATTACHMENTS: P.O. Box 14307 Palm Desert, CA 92255-4307 EXHIBIT "A" Scope of Services EXHIBIT "B" Special Requirements EXHIBIT "C" Schedule of Compensation EXHIBIT "D" Schedule of Performance -11- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 State of CALIFORNTA County of RIVERsTDE On JUNE 2$',12004 before me, MARGARET R. SOTO DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' ' personally appeared LENORE MACKENZTE AND PADL W. WAGNER , NAME(S)OF SIGNER(S) personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(jwhose name(s) is are subscribed to the within instrument and ca ' knowledged to me that he/she/the executed UAR6ARE7 R.S®� the same in his/her/tICe authorized '* COMPA.J13'14a4%ry1 NOTARY PUBLIC-CAMFORNIA G D 'M1RR'' RNERSIOE COUNT cap acity(ies), and that by his/her/t )r p pdY Comm.Enpilr.duty 22,2005 signature(s) on the instrument the person(s), ..p„.. or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and official seal. IV SIGNATURE OF NOTARY 1 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Ab CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT '® INDIVIDUAL CORPORATE OFFICER ` CONTRACT SERVICES AGREEMENT FOR TITLE OR TYPE OF DOCUMENTAPPRAISAL TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 15 ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR IT OTHER: DATE OF DOCUMENT I SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) COMMUNITY REDEVELOPMENT AGENCY SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION-8230 Remmel Ave.,P.O Box 7184-Canoga Park,CA 91309.71 B4 EXHIBIT "A" SCOPE OF SERVICES The purpose of the appraisal is to estimate three components of market value of the subject property consisting of three Agency-owned parcels of land comprising approximately 5.75 total acres (APN 508-055-007, 008 & 009) as follows: a. Fair market value of the fee simple interest of the subject parcels "as is"; b. Fair market value of the subject parcels with the use restricted to parking lot use; and c. The fair daily lease rate on a per parking space basis. Three (3) copies of the complete appraisal presented in a Self Contained Format will be provided. EXHIBIT"A" TO CONTRACT SERVICES AGREEMENT -12- EXHIBIT "B" SPECIAL REQUIREMENTS Section 5.1 (a) Because of the nature of the work,the Contractor's Comprehensive General Liability Insurance" requirement is modified to require coverages only for contractual liability, products and completed operations and advertising injury. Section 5.1 (c)Because of the nature of the work, the"Business Automobile Insurance"requirement is modified to require only evidence of personal automobile policy coverage for Paul Wagner and James MacKenzie to meet this requirement. Section 5.3 "Performance Bond" is deleted. EXHIBIT "B" TO CONTRACT SERVICES AGREEMENT -13- EXHIBIT "C" SCHEDULE OF COMPENSATION The Contractor shall perform the Scope of Services on a lump sum fee basis of Five Thousand Five Hundred Dollars ($5,500.00). Payment of the Contract Sum shall be made upon the satisfactory completion of the Scope of Services and delivery of three (3) summary appraisal report originals. EXHIBIT"C" TO CONTRACT SERVICES AGREEMENT -14- EXHIBIT "D" SCHEDULE OF PERFORMANCE The finished report shall be delivered within four(4)to five (5)weeks from the date of authorization to proceed. EXHIBIT "D" TO CONTRACT SERVICES AGREEMENT -15- INSURANCE APPROVAL FORM PROJECT NAME: Appraisal of Prairie Schooner Lot CONTRACTOR NAME: MacKenzie, Wagner&Associates, Inc. PROJECT NUMBER: N/A CONTRACT AMOUNT: $5,500 TYPE OF INSURANCE: General Liability &Automobile NAME OF INSURER: State Farm Insurance Kemper Auto & Home Insurance RATING OF INSURER: Not Available EXPLANATION FOR WAIVER: Contractor's $1,000,000 general liability insurance policy ($2,000,000 aggregate) meets the City's minimum policy amount, but does not cover all areas typically included in our standard form services agreement. Due to the nature of the work required (i.e. appraisal services) it is appropriate to accept the coverage included in Contractor's Comprehensive Business Liability policy (i.e. Products-Completed Operations, Contractual Liability and Advertising Injury). Contractor does not carry Business Automobile Insurance. The firm's two principals utilize their personal automobiles for the limited transportation needs associated with their appraisal services and this personal insurance meets the minimum liability limits prescribed by law. Due to the nature of the services rendered, any risk to the City of accepting the alternate coverage is very low. CURT WATTS Redevelopment Administrator UCE 'cO NS N Senior ont acting Specialist DAVID H. READY City Manager . � r�iOr r6l rSB OS/06/04 OI:30pm P. 001 CERTIFICATE OF INSURANCE Thlacertt'Feafi,�iat STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois �I '•TA7 'Anm � [] STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois I' ram% ❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario `ter* �I ❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida �.' ❑ STATE FARM LLOYDS, Dallas, Texas insures ttie following policyholder for the coverages indicated below: Policyholder MACKENZIE, 'AAC>NER & ASSOCIATES Address of policyholder P.O. BOX 14307; PALM DESERT, CA 92255 Location of operations ��~ .. Description of operations _REAL ESTATE APPRAISERS The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by-any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) 90-QA,5274-4 q Comprehensive 03/01/04 03/01./05 BODILY INJURY AND Business Liability PROPERTY DAMAGE -- ----------- ---------------- This in$urance includes: 10 Products,Completed Operations ❑ Contractual Liability ❑ Underground Hazard Coverage Each Occurrence $ 1,000,000 ❑ Personal Injury F] Advertising Injury General Aggregate $ 2,000,000 ❑ Explosion Hazard Coverage [] Collapse Hazard Coverage Products—Completed $2,000,000 ❑ Operations Aggregate ❑ _ POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit) ❑ Umbrella Each Occurrence $ ❑ Other Aggregate $ Part 1 STATUTORY Part 2 BODILY INJURY Workers'Compensation and Employers Liability Each Accident $ Disease-Each Employee$ Disease-Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before its expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on State CTTY OF PALM SPRINGS Farm or its agents or representatives. PO 13OX 2743 --� P.rUM SPR1NGs, (:A 922 63-2 74 3 � `�,��-, . signature of/Authorized r2e resentanve AOF,PI'I' 4/1 9/O a Title Date Agent's Code Stamp AFO Code F422 553-994 gp 11-12-2902 Printed in USA, AIM your State Firm Agent RILL NYE Lic#:03746$8 44740 Monterey Avenue ,nsovnHc Palm Desert CA g26o Off:(760) 46.0540 --- oi��. rvrt 7607761733 05/06/04 01:20pm P. 002 •u envr MAY 06, 2004 Fire Policy Status A Ph . (760) 341-4998 MACKENZIE, WAGNER & GENL Policy: 90--QA-5274-4 G Yr issd: 1985 ASSOCIATES INC Xref: PO BOX 14307 PALL DESERT CA 92255-4307 Location: 41625 ECLECTIC ST STE K PALM DESERT CA 92260 Term: CONT Type: BUBINESS-OFFICE: Renew date: MAR-21-05 Coverage information Premium.: 694 .00 B-BUSN PROP 65700 C-LOSS INC ACT .LOSS L-BUSN LIAR 1000000 .Amount paid: 694.00 GEN AGGREGT 2000000 Date paid; JAN-22-04 PCO AGGREGT 2000000 Biel to: INSD M-ME D/PERSN 10000 Prev prom: 679 Prev risk: 64,200 Deductibles applied: 2.50 ALL PER OTHER DED MAY APPLY Messages: Year. built: 1987 Constr: FRAME. Zone: 29 Sub zone: 01. c it_� rv. _ ri�larre1r88 OSIOCZ04 01:SSpm P. 001 rnr�r ruin I II Suge N(k MAY 06, 2004 Forms / E.ndorsements Page 1 of 7. Insured: MACRENZIE, WAGNER & Policy Type: BUSINESS-OFFICE GENL Policy: 90-QA-S2'74-4 G Number Descri.pti.on Number DescripLiau FP-6143 SPECIAL FORM 3 FE-6205 AMENDATORY END FE-6451. TREE DEBRS REM FE-6506.2 POLICY END FE-6464 POLICY END FE-6538 . 1 GLASS DED SEC1 FE-6303 SAFEGUARDS END FE-6320 ADDL INSD FE-6494 ADDL iNSD FE.-6999 TERRORISM NOTE IN MAY 06, 2004 Fire Policy Status @ ADDL INSURED - SECTION 11 CITY OF PALM SPRINGS PO BOZO 2743 PALM SPRINGS CA 92263-2743 ADDL INSURED - SECTION 11 ECLECTIC ASSOCIATES LLC & SANDSTONE PROPERTIES INC A. TN JESSICA MOSS Prem, adj : YRBUS $ 48 /RENYR $ 92 3,543 7TH ST STE 202 8LDAGE-SEEFILE/C13R C 20 . 0, SANTA MONICA CA 90401-2645 ADDL INSURED - SECTION II COUNTY OF RIVERSIDE 3525 14TH ST RIVERSIDE CA 92501-3813 Move-in: W Entry: APR-03-00 FMP seg: 99 PROPERTY LOCATIONS J7 04 12: 10p lrz0Kenzie, 1Jagner& assoc. 760-341-9717 P. 2 U N I I R I N direct e �.acRB iivsancz CALIFORNIA EVIDENCE OF LIABILITY INSURANCE Kemper Auto&Home Insurance Company [109151 M 80X 3057 /SUMOR,PA 18505-W57/1.800-437-04 This insurance complies with CVC 516056, S16500.5 NAME VMCLE IDENTIFICA11ON NUMBER(VIN) Paul W.Wagner JNKDA31A92T029693 49400 Avenida Onto La Quinta La Quinta,CA 92253 YEAR MAKE MODEL 2002 INFINITI 135 POLICY NUMBER EFFEC- VE DATE E%PRiATION DATE 9025218 01/30/2004 01/30/2005 CALIFORNIA fal INSURANCE 1 a �I 9telerBakersfieldeCA C��uy909 State piv� Red CA SM11 INSURED MACKENIIE,JAMESN MUTL , VOL POLICYNUMRER C344678-01655C EFFECTIVE YR 1999 MAKEMEHCEDES APRI62004 TO OCTIS2004 r MODEL E320 VIN WDBJF65HSXA776397 AGENT BILLRYE PHONE COVERAG E76 -0540 NATO# 25173 VIDED BY THE POLICY MEETS THE NIWMUM DABRIIY LIMITS PRE9cmem BY LAW. COVERAGE ASEE THE REEVESSE SIDE FOR AN EXPIANATON. U N I l R I N direct AUTO POLICY auto ln%07Ce DECLARATIONS CUSTOMER SERVICE OFFICE Policyholder Copy P.O.BOX 3057 Personal Auto Policy Number: 9025218 SCRANTON,PA 18505-0057 Reason for This Declarations: Renewal Underwri0en By:Kemper Auto&Home Insurance Company (hicago, Illinois 60601 Customer Service: 1-800-437-8394 Claims: 1-888-693-2277 Web:Yvw•v.UrutrinDirect com Fax: 1-800-242-8057 Named Insured and Address: Annual Policy Period: Paul W. Wagner 12:01 a.m. Standard Time 49400 Avenida Club La Quinta From:January 30,2004 La Quints, CA 92253 To:January 30,2005 Effective Date of This Declarations: January 30, 2004• • A Multi-Car Discount has been applied to this policy. • Please check the Vehicle Identification Numbers (VIN) noted on the Declarations Page against the registration for each vehicle.If a discrepancy exists,you need to verily which is correct by looking at the VIN found on the vehicle.If your registration is incorrect, please contact the Department of Motor Vehicles;if this Declarations is incorrect,please let us know. VEHICLE YEAR MAKE MODEL SUBMODEL VEHICLE IDENTIFICATION (LASS SYMBOL 1 1999 NISSAN SNTRXE/GXE SEDAN 4D 1N4AB41D4XC712324 868500 14 2 2002 INFINITI I35 SEDAN 4D JNKDA31A92T028693 891500 16 DRIVER NAME DATE OF BIRTH LICENSE NUMBER LICENSE STATE 1 PAUL W WAGNER 09/28/50 B52334.93 CA 2 CHRIS W WAGNER 01/26/80 B5821722 CA COVERAGEVEHICLE VEHICLE VEHICLE VEHICLE VEHICLES VEHICLE DE5CRIPTION AND LIMITS OF LIABILITY PREMIUM PREMIUM PREMIUM PREMIUM PREMIUM PREMIUM Bodily Injury Liability $ 192.00 $ 221.00 Each Person/Each Occurrence $100,000/$ 300,000 Property Damage Liability $100,000 $ 115.00 $ 133.00 Medical Payments $10,000 $ 33.00 $ 38.00 Uninsured Motorists $ 59.00 $ 68.00 Bodily Injury (UM-BI) Each Person/Each Occurrence $100,000/$ 300,000 Comprehensive $ 119.00 $ 171.00 Actual Cash Value less deductibles: Car 1:$250,Car 2:.$250 Collision $ 286.00 $ 428.00 Actual Cash Value less deductibles: Car 1:$ 500,Car 2:$500 Extended Transportation $ 14.00 $ 14.00 $30 a day/$900 Maximum PLEASE GO TO THE NEXT PAGE TO SEE THE CONTINUATION OF YOUR COVERAGES AND YOUR TOTAL POLICY COST Policy Number: 9025218 Paul W.Wagner Page 7 RD PM 00199 0903 IH1 C I'HISiVI IINIZ)Ut-EPUIP M Yrl7lYl r'HIYI'LJ HV I V fSCIV CYV HL q Staten.- rm Mutual Auto a Insurance Company POLICY NUMBER C34 4678-D16-55C 900 Old River Road APR 16 2004 to OCT 16 2004 Bakersfield CA 93311 3 B -8924 A DATE DUE PLEASE PAY THIS AMOUNT MACKENZIE, JAMES H APR 16 2004 $602.99 49400 AVENIDA CLUB LA QUINTA Coverages and Limits Premiums LA QUINTA CA 92253-2701 A Liability Bodily Injury 100,000/300,000 Property Damage 50,000 159 .20 IIIIrrIrIlLdJddrlrllllrlJLr111111rndllLllp,,,l,l„I C Medical Payments 10,000 24 .90 D 250 Deductible Comprehensive 82 .70 G 250 Deductible Collision 186 . 72 " H Emergency Road Service 3.84 R1 Car Rental&Travel Expense 80% Per Day, $500 Max 16 .80 U Uninsured Motor Vehicle 'our premium is based on the following...H not correct,contact your agent. Bodily Injury 100,0001300,000 27 .62 999 MERCEDES E320 VIN WDBJF65H8XA776397 U1 Uninsured Motor Vehicle Jlasu Property Damage 1.21 OB30OV12 uperior Driver Rate Level (See description on back). Amount Due $502.99 riven over 7,500 miles annually. (National average is 12,000 miles inually.) Your premium has already been adjusted by the following: rincipal driver has 49-58 years of driving experience. Premium Reductions` �t7 leasure use or commuting to and from work or school. Multiple Line 'L . 53.66 Multicar 112. 33 Vehicle Safety ( v\ / 6.27 Driving Safety Record 516 . 76 California Good Driver 125 . 74 Loyalty 30 .78 You may be eligible for additional discounts. See the enclosed insert for more information. Mature Driver 1e claim experience on your make and model of vehicle has resulted in a reduction to your vehicle rating group for Imprehensive and/or collision coverages. ease see the premium adjustment message on the back of this notice for an explanation. DNVENIENT PAYMENT OPTION: You may use one of State Farm's alternate payment plans which divides your present emium into two separate payments. w may pay one half of the amount due,$251.49, plus a handling charge of$2.00. The amount due on APR 16 2004 II be$253.49. ie remaining half will be due on JUN 15 2004. We'll send you a reminder notice. 1e following list of drivers is shown for informational purposes only and does not extend or expand coverage beyond that Intained in this automobile policy. Our records indicate the persons listed below are the only licensed drivers reported to us: IAMES H MACKENZIE, LENORE MACKENZIE. the above information i3 inaccurate or incomplete, please contact your agent immediately to make corrections. 'Your policy has the Guaranteed Renewal Endorsement.'** 46 7426 6338 See reverse side for important information. 49ent BILL NYE Please keep this part foryour record, Telephone (760)346-0540 Prepared MAR 122004 CONTRACT ABSTRACT Contract Company Name: MACKENZIE, WAGNER &ASSOC., INC. Company Contact: Paul Wagner Summary of Services: Appraisal of Prairie Schooner parking lot Contract Price: $5,500.00 Funding Source: Community Redevelopment Agency Merged Area No. 2 - Unscheduled Capital #812-8192-50000 Contract Term: One Year (from contract execution) Contract Administration Lead Department: Community & Economic Development Contract Administrator: Curt Watts Contract Approvals City Council/ Agreement No: Community Redevelopment Agency Approval Date: To be Ratified by Agency - September 1, 2004 Minute Order/ Resolution Number: To Be Determined Contract Compliance Exhibits: Attached Signatures: Attached Insurance: Attached Bonds: N/A Contract prepared by: Curt Watts r� Submitted on: August 9, 2004 By: �����