HomeMy WebLinkAbout00460C - ANDERSON & BRABANT EL DORADO MOBILE COUNTRY CLUB APPRAISAL • Anderson & Brabant
El Dorado Mobile CC Appraisal
AGREEMENT #460C
R1208, 1-29-03
CONTRACT SERVICES AGREEMENT FOR----- -
APPRAISAL SERVICES RELATED TO
EL DORADO MOBILE COUNTRY CLUB
THIS CONTRACT..SERVICES AGREEMENT (herein "Agreement'), is made and entered
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into this day of ,�.�;'a-:r;s.F.��t:., 2003, by and between the COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS (herein "Agency,") a public
body, corporate and politic and Anderson & Brabant, Inc. a real estate appraisal firm having its
offices at 353 West Ninth Avenue, Escondido, California, 92025-5032 (herein "Contractor"). The
parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scone 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. Contractor warrants that all services will
be performed in a competent, professional and satisfactory manner in accordance with the
standards prevalent in the industry, and all materials will be of good quality, fit for the purpose
intended.
1.2 Contractor's Proposal. The Scope of Services 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 City and any
Federal, State or local govemmental 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.
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
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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
Officer to the Contractor, incorporating therein any adjustment in (i) 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 five percent (5%) or less of the Contract Sum,
or in the time to perform of one hundred eighty (180) days or less may be approved by the
Contract Officer. Any greater increases, taken either separately or cumulatively must be
approved by the Agency Board. 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 of 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 Twenty Five Thousand Dollars ($25,000.00) (herein "Contract Sum"), plus
reimbursable expenses, 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 be specified in the Schedule of Compensation.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expense, transportation expense, and performance bond,
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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 one
meeting reasonably deemed necessary by the City; Contractor shall not be entitled to additional
compensation for attending additional meetings as required by the City.
2.2 Method of Payment. Unless some other method of payment is specified in
the Schedule of Compensation (Exhibit C), in any month in which Contractor wishes to receive
payment, no later than the first (1st) working day of such month, Contractor shall submit to the
Agency in the form approved by the City'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 City 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 Maieure. 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 City, if the Contractor shall within ten (10) days of the commencement of
such delay notify the 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.
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
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its behalf with respect to the work specified herein and make all decisions in connection
therewith:
James Brabant, 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 Contractor and devoting sufficient time 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 City.
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 inducement for the Agency to enter into this 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.
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5.0 INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance. The Contractor shall procure and maintain, at its sole cost
and expense, in a form and content satisfactory to Agreement, during the entire term of this
Agreement including any extension thereof, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of comprehensive
general liability insurance written on a per occurrence basis. If the Contract Sum is $25,000.00 or
less, the policy of insurance shall be written in an amount not less than either (i) a combined
single limit of $500,000.00 or (ii) bodily injury limits of $250,000.00 per person, $500,000.00 per
occurrence and $500,000.00 products and completed operations and property damage limits of
$100,000.00 per occurrence and $100,000.00 in the aggregate. If the Contract Sum is greater
than $25,000.00 but less than or equal to $100,000.00, the policy of insurance shall be in an
amount not less than either (i) a combined single limit of $1,000,000.00 for bodily injury, death
and property damage or (ii) bodily injury limits of $500,000.00 per person, $1,000,000.00 per
occurrence and $1,000,000.00 products and completed operations and property damage limits of
$500,000.00 per occurrence and $500,000.00 in the aggregate. If the Contract Sum is greater
than $100,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00
combined single limit.
(b) Worker's Compensation Insurance. A policy of worker's compensation
insurance in such amount as will fully comply with the laws of the State of California and which
shall indemnify, insure and provide legal defense for both the Contractor and the City against any
loss, claim or damage arising from any injuries or occupational diseases occurring to any worker
employed by or any persons retained by the Contractor in the course of carrying out the work or
services contemplated in this Agreement.
(c) Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than either (i) bodily injury
liability limits of $250,000.00 per person and $500,000.00 per occurrence and property damage
liability limits of $100,000.00 per occurrence and $250,000.00 in the aggregate or (ii) combined
single limit liability of $500,000.00. Said policy shall include coverage for owned, non-owned,
leased and hired cars.
(d) Additional Insurance. Policies of such other insurance, including
professional liability insurance, as may be required in the Special Requirements.
All of the above policies of insurance shall be primary insurance and shall name the
Agency, its officers, employees and agents as additional insureds. 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. All of said policies of insurance shall provide that said
insurance may not be amended or cancelled without providing thirty (30) days prior written notice
by registered mail to the Agency. In the event any of said policies of insurance are cancelled, 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 or
appropriate insurance binders evidencing the above insurance coverages and said Certificates of
Insurance or binders are approved by the City Clerk.
The Contractor agrees that the provisions of this Section 5.1 shall not be construed as
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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 persons 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 policies of insurance that the Contractor is
required to maintain pursuant to this Section 5.1.
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 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 is 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 shall deliver to Agency a performance bond in the sum of the amount of this
Agreement, in the form provided by the City Clerk, 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.
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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 Rating Guide, The Key Rating
Guide or in the Federal Register, and only if they are of a financial category Class VII or better,
unless such requirements are waived by the Risk Manager of the City due to unique
circumstances. In the event the Risk Manager of City ("Risk Manager") determines that the work
or services to be performed under this Agreement creates 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 10 days of
receipt of notice from the Risk Manager.
6_0 RECORDS AND REPORTS
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.
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 City, 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, and 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 of 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.
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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, and 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 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. The failure 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
nondefaulting 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
remedies 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
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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 ($0.00) dollars_ 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 upon, 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 such as may be
specifically approved by the Contract Officer. 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
(Exhibit "C") or such as may be approved by the Contract Officer, except as provided in Section
7.3. In the event of termination without cause pursuant to this Section, the terminating party
need not provide 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 setoff 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 attorney's fees. Attorneys
fees shall include attorney's fees on any appeal, and in addition a party entitled to attorneys fees
shall be entitled to all other reasonable costs for investigating such action, taking 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.
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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.
9.0 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 City Executive Director and to the attention of the Contract Officer, THE
COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, P.O. Box
2743, Palm Springs, California 92263, and in the case of the Contractor, 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
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or unenforceability shall not effect 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.
11
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date first written above.
ATTEST: THE COMMUNITY REDEVELOPMENT
AGENCY OF THE CITY OF PALM
SPRINGS, a public body, corporate and
politic
Y� P By:
Assistant Secretary Chairman
APPROVED AS TO FORM:
— OJ'1�
Agency C uns I
CONTRACTOR: 4odlmv-acm i IJ I'4 L0— 114C .
By: I W��
Name: avnrag vM QN t-vnkq ,
Title: wr.t T ea4uUroH
Address:
ATTACHMENTS:
ra" e'o�t��xhn�i tsT U��I� 1�4.Y�tv�du�9i")fli� fft��'
EXHIBIT"A" SCOPE OF SERVICES ,r ,-� , •}
EXHIBIT"B" SPECIAL REQUIREMENTS °,�O'EE9Y BY Ras C3o. "f
EXHIBIT"C" SCHEDULE OF COMPENSATION
EXHIBIT "D" SCHEDULE OF PERFORMANCE
12
CALIFORNIA ALL-PURPA ACKNOWLEDGMENT •
1
I�
State of CALIFORNIA )
County of SAN DIEGO
On JANUARY 31 , 2003 before me, DONNA J. COMBS, NOTARY PUBLIC
Data 7 Name and The of Officer d g,'Jane Doe,Notary Public") '
personally appeared JAMES BRABANT AND GILBERT F. KUNKEL
Name(.)of Signer(.)
❑personally known to me—OR XKproved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)l-&re subscribed to the within instrument
and acknowledged to me that)b&%Xe/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
DONNAJ.COMBS or the entity upon behalf of which the person(s) acted,
Commission#13A8193 executed the instrument.
Notary Pulpit;-Calltnmia >
San olryto County
11WyCnrrcn.ExpirasApr22,200s111
WITN ESS my hand and official seal.
So lure of Tary Public )
it
OPTIONAL
Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
CONTRACT SERVICES AGREEMENT FOR APPRAISAL SERVICES
Title or Type of Document: RELATED TO EL DORADO MOBILE COUNTRY CLUB (CITY OF
PALM SPRINGS AND ANDERSON $ BRABANT, INC . )
Document Date: UNDATED NumberofPages: 12 PAGES,
PLUS THIS ACKNOWLEDGMEN
Signer(s) Other Than Named Above: PAGE. ;I
Capacity(ies) Claimed by Signer(s)
Signer's Name: JAMES BRABANT Signer's Name: GILBERT F. KUNKEL
U ❑ Individual
❑ Individual �
M Corporate Officer UX Corporate Officer
Title(s): PRESIDENT, ANDERSON $ Title(s): TREASURER, ANDERSON
❑ Partner—❑ Limited El General BRABANT, ❑ Partner—❑ Limited ❑ General BRABANT, INC
❑ Attorney-in-Fact INC. ❑ Attorney-in-Fact
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here '1
�J
Signer Is Representing:9 P 9: Signer Is Representing: i
ANDERSON BRABANT, NC . ANDERSON F, BRABANT, IN_
i
1995 National Notary Association•8236 Remmel Ave,P O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827
EXHIBIT"A"
SCOPE OF SERVICES
Contractor shall provide the City appraisal services related to the El Dorado Mobile
Country Club, located at 6000 East Palm Canyon Drive. Such services shall include, but shall
not be limited to:
1. Provide opinions of market value for each of the Park's 367 spaces, assuming
conversion to condominium ownership. The ownership interest appraised would
include each individual condominium unit along with its 1/367th interest in the
common area.
2. Provide a separate complete appraisal to provide an opinion of current market
rent for each of the 367 spaces in the El Dorado Mobile Country Club.
3. Prepare a complete appraisal for both the condominium "for sale" values and the
market rents in the form of a summary narrative report as would be defined by
the Uniform Standards of Professional Appraisal Practice (USPAP).
13
EXHIBIT "B"
SPECIAL REQUIREMENTS
Section 5.3, 'Performance Bond," is hereby waived.
The Contractor has requested the following materials before work commences:
(A) Park map;
(B) Site plan;
(C) Approved condominium map;
(D) Map showing lot dimensions, if any;
(E) Itemized list of lot areas (square footages), if any;
(F) Floorplan of clubhouse and any other common buildings;
(G) Copy of the FEMA flood map.
The Agency does not warrant to it possesses all of the information requested above but shall
endeavor to obtain the requested items. If the lack of information creates a gap in the analysis
that is filled by an assumption, Contractor shall make explicit in the report where the assumption
was used, what the assumption was, and how different data (if it became available at a later
date) would affect the appraised value.
14
FROM :ANDERSON and BRABANT ® FAX NO. :760 741 1049 V6. 27 2003 08:01AM P2
FED 20 2003 WED 10,35 Pit CITY OF PAh19 3PIR1,1 S FAX 110. 760 322 8326 F. 02
i
j
kXHISIT"C"
SCHEDUL9 OF COMP NS 10
Contractor shall be compensated In an !amount not to exceed $25,000. The Contractors
proposal Wag $17,500 for the Condominium value of the lots, and $7,500 for market rant
appraisal, The total compensation paid to Contractor, inclusive of expenses, shell not exceed
the Contract Sum. City shall pay Contractor the amount invoiced at the completion of the
project, in an amount not to exceed the coritract sum,
V Z—//y 7 /b "a,
EXI•II,SX T "C"
TO CONTRAQTV$ERVICES AGREEMENT
EXHIBIT"D"
SCHEDULE OF PERFORMANCE
The finished appraisal report shall be delivered within forty-five (45) days of the date of the
receipt by the Contractor of the authorization to proceed by the Agency.
EXHIBIT "D"
TO CONTRACT SERVICES AGREEMENT
EXHIBIT"C"
SCHEDULE OF COMPENSATION
Contractor shall be compensated in an amount not to exceed $25,000. The Contractor's
proposal was $17,500 for the condominium value of the lots, and $7,500 for market rent
appraisal. The total compensation paid to Contractor, inclusive of expenses, shall not exceed
the Contract Sum. City shall pay Contractor the amount invoiced at the completion of the
project, in an amount not to exceed the contract sum.
EXHIBIT "C"
TO CONTRACT SERVICES AGREEMENT
EXHIBIT"C"
SCHEDULE OF COMPENSATION
Contractor shall be compensated in an amount not to exceed $25,000. The Contractor's
proposal was $17,500 for the condominium value of the lots, and $7,500 for market rent
appraisal. The total compensation paid to Contractor, inclusive of expenses, shall not exceed
the Contract Sum. Unless some other method of payment is specified in the Schedule of
Compensation (Exhibit C), in any month in which Contractor wishes to receive payment, no later
than the first (1st) working day of such month, Contractor shall submit to the City in the form
approved by the City's Director of Finance, an invoice for services rendered prior to the date of
the invoice. Except as provided in Section 7.3, City shall pay Contractor for all expenses stated
thereon which are approved by City pursuant to this Agreement no later than the last working
day of the month.
11 All
EXHIBIT "C"
TO CONTRACT SERVICES AGREEMENT
FED 13 2003 12:39 FIR 5098357061 TO 9217603228325 P,02i05
AC RD� CERTIFICA OF LIABILITY INSURAN °02`13/03 '
02/13/03
FNDDucrA NORTH COUNTY INSQ1WCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
PO BOX 907 AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
BSCONDIDO, CA 92033 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
(BBB)661-3938 COVERAGE AFFORDED BY THE POLICIES BELOW.
SV796 700 INSURERS AFFORDING COVERAGE
INWREO ANDERSON E BRABANT, INC. INWRERA: The TravNem Indemnity Company Or Connecticut
353 A NINTH AVE INSURER a: The Travelers Indemnity Company Of Illinois
ESCONDIDO, CA 92025 InsuROtc: Nla
INSURER DI NIB
INSURER E: N/A
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NM TTPEDFINSURANCE POUOYN)wm POUCYMMIME MUCYPNRATION UMRi
OR DATE WOOD" DATEOIMID
dMERALUMMUTF 680-832W9584-02 01/19/2002 07/19/2003 EACHOOWRRBHcE g 1,000,000
A T:C IAL GEMSMLUBLIiY FNEDMAGEO M14) $ 300 000
MS MADE MXOCCUR M®EY moop�) $ 5 000
PERSQHR,EAD`'NJ1RY s 1,006,000
GENERPLAGGREGATE $ 2 000 000
GENLAGGREGATELMRAPPLIESPER: PRWUMM-COPAPAGG $ 2 OOO 000
x JpWa PRO LOC
AUTOMOBILE LIAOUW 680-832W9564-02 07/19/2002 07/19/2003 COUIRMOSINGLEUMR
A ANYAVTO M1SitlldM* $ 1,000,000
ALL OWNEDAMOS ROCLYINJm
SOHEDULEDAUTOS (Pmp"n) $
x RROAUTOG DODAYINJIIRY
X NON-0WMEDAUTOE IF rxdAmD $
PROPERTY DAMAGE
(PArxdemq $
OAPAGEWMUTY AUTOONLY•FAACODENT $
ANYAUrO OTHER THAN EA ACC $
AUTO ONLY: ADD $
EAOESSLMBWTY COP-2627W576-02 07/19/2002 07/19/20011 EACHOCcuiRENCE nD 000
S X OWA 7CINM9MADE AVA WTE $ 1 000 000
$
OEDUOTBLE S
X RDTFMION SO $
WONNBLSCOMNNSATIONAND WOATAU aTH.
iGl .TL .
EMPLOYERS'LlkmTY E.LEACHAMDENr $
E,LDISEASE.EA EA/PLOY" $
E.LOISEASE•PWCYUMIT $
OTHER $
-7 $
DESCRIPTION OF OPERATIM=CATMNWVEHICLEBIENCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
THE CERTIFICATE HOLDER I$ NAMED AS ADDITIONAL INSURED DURING THE POLICY PERIOD AS PER GN0138 BUT ONLY
AS RESPECTS TO: JOB #03-029. *IN THE EVENT OF NON-PAYMENT OF PREMIUM ONLY 10 DAYS NOTICE OF
CANCELLATION SHALL BE GIVEN,
CERTIFICATE HOLDER I X AOD IONALINSLA D;WSURERLBTTER:A CANCELLATION
CITY OF PALM SPRINGS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DIE CANCELLED BEFORE THE
ATTN: 70HN S. RAYMOND EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30
3200 TAHQUITS CANYON WAY DAYS WRITTEN NOTICE To THE CEI TIMCATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO$HALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY NINO UPON
PALM SPRINGS, CA 92262 THE INSURER ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-B(7197) 0 ACORD CORPORATION 1980
FROM :ANDERSON and BRABANT FAX N0. :760 741 1049 Feb. 14 2003 08:33AM P3/4
[ 10870GRI3 1 ma a 700'2AI I040® 70014 4 1 f4 1 F : R 1 , 4R FT nnK of F
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s),
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement, A statement on this certificate does not confer rights to the certificate holder in
lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the
issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend,extend or alterthe coverage afforded by the policies listed thereon
ACORO 25-S(7/91)
C&ICATE HOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
COMPENSATION fr
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ���'.*
FEBRUARY 13, 2003 GROUP:
POLICY NUMBER: 1669181-2002
CERTIFICATE ID: 22
CERTIFICATE EXPIRES: 12-11-2003
12-11-2002/12-11-2003
CITY OF PALM SPRINGS
3200 TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement,term or condition of any contract or other document with
respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies
described herein is subject to all the terms,exclusions,and conditions,of such policies.
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1, 000, 000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 12-11-2002 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
ANDERSON & BRABANT, INC
353 W 9TH AVE
ESCONDIDO CA 92025
SCIF 10265 IEPF-UI:KB 1