HomeMy WebLinkAbout04277 - DOZIER APPRAISAL AIRPORT City of Palm Springs
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Office of the City Clerk
(760) 323-8205
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Date: May 29, 2003
To: Al Smoot-Airport
From: City Clerk
AGREEMENT#4277 Dozier Appraisal
Please let us know the status of the above agreement, and if it may be closed.
STATUS:
COMPLETED:
REMAIN OPEN UNTIL:
Date & Initials
CLOSE AGR ' �
Signature
' Dozier Appraisal Company
_ Real Estate Appraisal
AGREEMENT #4277
REAL ESTATE APPRAISAL CONTRACT 2406710. 9-20-00
THIS CONTRACT, made and entered into this day of
2000, by and between PALM SPRINGS INTERNATIONAL AIRPORT (hereinafter referred
to as the "Airport") and the real estate appraiser DOZIER APPRAISAL COMPANY,
(hereinafter referred to as the"Contractor"). In the event the Contractor is a partnership, firm
or corporation, the services to be rendered under this contract will be performed by the
following designated appraisers whose qualifications are approved and on record with the
Airport owner and are employees or associates of the Contractor in the performance of this
contract.
NAME ADDRESS
Raymond L. Dozier, MAI Dozier Appraisal Company
73255 El Paseo, Suite 17
Palm Desert, California 92260
WITNESSETH
IT IS MUTUALLY AGREED by and between the parties hereto as follows:
1. The Contractor shall furnish to the Airport a written professional opinion,
adequately supported and documented, of the fair market value of certain
parcels of real estate, or designated parts thereof, on all parcels listed below
under paragraph 2, on FAA project number AIP 21, in Palm Springs,
California,and,as required by the Airport,the Contractor shall appear in court
orbefore court appointed commissioners as an expertwitness on behalf of the
Airport to testify with respect to the opinion of the fair market value of each
parcel appraised.
2. (a) For and in consideration of services in furnishing said appraisals, the
Contractor shall be paid for each parcel the sum set forth as follows:
Parcel Number Amount
For Phase II:
680-072-006 $ 3,500
680-073-005 $ 2,000
680-073-006 $4,500
680-073-003 $ 4,500
Total $14,500
(b) Forappearances in court or before court appointed commissioners, or
for appearances at conferences prior to trial or for the purpose of the
taking of depositions on behalf of the Airport, the Contractor shall be
paid at the rate of Two Hundred and Fifty Dollars ($250.00) per hour.
Such rate of payment shall include all expenses incurred in rendering
such services.
In the event the scope and character of the work as provided herein
is materially changed beyond the Phase II parcels listed above due to
substantially revised plans or additional work is required by the Airport,
the Contractor agrees to furnish the required revisions orsupplements
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and to perform the additional work requested by the Airport in excess
of that set forth in the contract, for a sum to be agreed upon by the
parties.
(c) Statements by the Contractor for payment for the aforesaid services
shall be itemized and submitted to the Airport.
3. The Contractor shall begin work on Phase II not later than the 1It day of
October2OOO,and shall fully completethe appraisals and furnish to the Airport
three (3) copies of such appraisal within thirty (30) days after having been
notified of the approval of this contract. It is fully understood and agreed that
in the event the Contractor shall fail to perform the work within the time herein
provided, the Airport may, at its sole option, consider the services of the said
Contractor terminated, and, upon written notice thereof by certified mail to the
Contractor of such termination, shall not be liable for paymentfor appraisals
submitted after the date; provided, however, that upon application by the
Contractor, the Airport in the event of extenuating circumstances, may,in its
discretion, expressly grant in writing an extension of time to the Contractor.
4. An appraisal for each parcel contracted for in this agreement shall be
submitted on either the forms provided or as a complete narrative type of
appraisal provided it complies with current Federal Aviation Administration
appraisal procedures as set forth in Order 5100.37, Land Acquisition and
Relocation Assistance For Airport Projects, 49 CFR Part 24.
5. Comparable sales data that is furnished to the Contractor or is made available
to it by the Airport, if any, shall be personally checked and verified by the
Contractor as to accuracy and completeness.
6. (a) The Airport shall have the right to terminate this contract with regard
to any or all services provided for herein in the event of change sin
Airport plans which obviate the necessity of any such appraisal which
may be involved. Such termination shall be given by the Airport to the
Contractor by written notice by certified mail to the last known address
of the Contractor. In such event, the Airport will be liable to the
Contractor for only those services which have been rendered prior to
the date of mailing of such notice.
(b) In the event of the termination of any or all of the work provided for
under this contract, the Contractor shall be paid a proportionate part
of the fee provided for with regard to the particular parcels terminated
in proportion to the work and services actually completed on the parcel
or parcels involved as of the date of termination.
(c) Upon termination of this contract, or any part thereof, for any reason
provided for herein, any and all work actually performed by the
Contractor shall become the property of the Airport.
7. This contract may be supplemented in the event thescope and character of
the work as provided for herein is materially changed due to substantially
revised plans or additional work as may be required by the Airport. In such
event, the supplemental contract covering only such revisions or changes as
agreed upon by the Contractor and the Airport shall provide for equitable
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adjustments regarding the time of performance including such appropriate
increase or decrease in the amount of compensation as was provided for in
the basic contract.
8. The Contractor warrants that no company or person has been employed or
retained, other than a bona fide employee working solely for the Contractor,
to solicit or secure this agreement, and that no payment or an agreement has
been made to pay any company, firm or person, other than a bona fide
employee working solely for the Contractor to pay any fee, commission,
percentage, brokerage fee, gift, or any other consideration, contingent upon
or resulting from the award or making of this agreement. For breach or
violation of this warranty, the Airport shall have the right to annul this
agreement without liability.
9. Any dispute concerning a question of fact in connection with the work
hereunder which is not otherwise disposed of by this agreement, shall be
decided by the Airport, subject only to an appropriate appeal to the court.
10. The Contractor agrees to indemnify and save harmless the Airport, itsofficers,
agents, and employees from any and all claims and losses occurring or
resulting to any and all persons, firms, or corporations furnishing work,
services, materials, or supplies in connection with the performance of this
contract, and from any and all claims and losses occurring or resulting to any
person,firm,or corporation who may be injured or damaged by the Contractor
in the performance of this contract.
11. The parties hereto agree that the Contractor, and any agents and employees
of the Contractor, in the performance of this agreement, shall act in an
independent capacity and not as officers,employees,or agents of the Airport.
12. This agreement is not assignable by the Contractor, either in whole or in part
and no portion of the work may be sublet or transferred to any other person
or persons without prior written approval of the Airport.
13. The Contractor shall comply with all Federal, State, and local laws and
ordinances applicable to the work.
14. The Contractor shall execute for each parcel a Certificate of Appraiser, that
complies to FAA Form 5100-111, as from time to time may thereafter be
revised.
15. It is mutually understood and agreed that no alteration or variation of the terms
of this contract shall be valid unless made in writing and signed by the parties
hereto, and that no oral understanding or agreement not incorporated herein,
nor any alteration or variation of the terms hereof, unless made in writing
between the parties hereto, shall be binding on any of the parties hereto.
16. All information contained in the appraisal, and all parts thereof, are to be
treated as a privileged communication. The Contractor shall take all
necessary steps to ensure that there will not be any information divulged
concerning the appraisal except to a duly authorized representative of the
Airport or a duly authorized representative of the Federal Aviation
Administration, or as otherwise required by court order.
17. The Contractor agrees that during the performance of this contract, equal
employment opportunities shall be provided for all qualified persons and that
there shall not be any discrimination against any employee or applicant
because of race, color, sex, religion, or national origin. The Contractor and
associated subContractors shall comply with the Civil Rights Act of 1964 and
with Executive Order No. 11246, dated September 24, 1965, or with such
other executive orders and statues concerning nondiscrimination which may
from time to time hereafter, be promulgated.
18. During the performance of this contract, for itself, its assignees and
successors in interest, the Contractor, agrees as follows:
(a) Compliance With Regulations: The Contractor will comply with the
regulations of the Department of Transportation relative to
nondiscrimination in federally-assisted programs of the Department of
Transportation (Title 49, Code of Federal Regulations, Part 21,
hereinafter referred to as the regulations) which are herein
incorporated by reference and made a part of this contract.
(b) Nondiscrimination:The Contractor,with regard to the work performed
by it after award and prior to completion of the contract work, will not
discriminate on the grounds of race, color, sex, or national origin in the
selection and retention of subContractors, including procurements of
materials and leases of equipment. The Contractor will not participate
either directly or indirectly in the discrimination prohibited by Section
21.5 of the regulations, including employment practices when the
contract covers a program set forth in Appendix B of the regulations.
(c) Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or
negotiation made by the Contractor for work to be performed under a
subcontract, including procurements of materials or equipment, each
potential subContractor or supplier shall be notified by the Contractor
of the Contractor's obligations under this contract and the regulations
relative to nondiscrimination on the grounds of race, color, sex, or
national origin.
(d) Information and Reports: The Contractor will provide all information
and reports required by the regulations, or orders and instructions
issued pursuant thereto and will permit access to its books, records,
accounts, other sources of information, and its facilities as may be
determined by the Airport or the Federal Aviation Administration to be
pertinent to ascertain compliance with such regulations, orders, and
instructions. Where any information required of a Contractor is in the
exclusive possession another who fails or refuses to furnish this
information,the Contractor shall so certify to the Airport or the Federal
Aviation Administration as appropriate, and shall set forth what efforts
it has made to obtain the information.
(e) Sanctions for Noncompliance: In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this contract,
the Airport shall impose such contract sanctions as it or the Federal
Aviation Administration may determine to be appropriate, including, but
not limited to:
(1) Withholding of payments to the Contractor under the contract
until the Contractor complies,
(2) Cancellation, termination, or suspension of the contract, in
whole or part.
(f) Incorporation of Provisions: The Contractorwill include the provisions
of paragraphs (1) through (6) in every subcontract, including
procurements of materials and leases of equipment, unless exempt by
the regulations, order or instructions issued pursuant thereto. The
Contractor will take such action with respect to any subcontract or
procurement as the Airport or the Federal Aviation Administration may
direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that in the event a Contractor
becomes involved in, or is threatened with, litigation with a
subContractor or supplier as a result of such direction, the Contractor
may request the Airport to enter into such litigation to protect the
interests of the Airport, and in addition,the Contractor may request the
United States to enter into such litigation to protect the interests of the
United States.
19. It is agreed by and between the parties hereto that in the performance of the
terms, conditions, and provisions of this contract by the Contractorthat time
is of the essence.
20. DISADVANTAGED BUSINESS ENTERPRISE (DBE) ASSURANCES
(a) Policy. It is the policy of the Department of Transportation (DOT) that
DBE business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement.
Consequently, the DBE requirement of 49 CFR Part 23 apply to this
Agreement.
(b) DBE Obligation. The Contractor agrees to ensure that minority
business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds provided under this
agreement. In this regard, all Contractor shall take all necessary and
reasonable steps in accordance with 49 CFR Part 23 to ensure that
minority business enterprises have the maximum opportunity to
compete for and perform contracts. Contractors shall not discriminate
on the basis or race, color, national origin, or sex in the award and
performance of DOT-assisted contracts.
21. MISCELLANEOUS PROVISIONS
(a) Non-liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Contractor, or any
successor in interest, in the event of any default or breach by the City
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.
(b) Conflict of Interest. No officer or employee of the City 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 statue 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.
(c) Notice. Any notice, demand, request, document, consent, approval,
orcommunication either party desires or is required to givetothe other
party of any other person shall be in writing and either served
personally or sent by prepaid, first-class mail, in the case of the City,
to the City Manager and to the Assistant City Manager-Special
Projects, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs,
California 92263, and in the case of the Contractor, to the person
designated on the execution page of this Agreement.
(d) Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be
construed fororagainst eitherparty by reason of the authorship of this
Agreement or any other rule of construction which might otherwise
apply.
(e) 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.
(f) Severability. In the event that part of 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 portions 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.
(g) 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.
(h) 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, whether or not the matter proceeds to judgment.
(i) 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.
IN WITNESS WHEREOF,the parties have executed and entered into this agreement
as of the date first written above.
ATT CITY OF PALM SPRINGS, CALIFORNIA
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City Clerk City Manager ' ,f
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