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HomeMy WebLinkAboutRES 17-127RESOLUTION NO. 17-127 WHEREAS, Jefferson County Appraisal District (JCAD) contracts with Capitol Appraisal Group, LLC, of Austin, Texas, to appraise property values for all large commercial industries within Jefferson County; and, WHEREAS, those appraised values, which are outside the City limits of Beaumont, are posted on JCAD's website and are not included in the City Beaumont's certified tax roll since the certified tax roll is only applicable to property within City limits; and, WHEREAS, each year City staff must search JCAD's website to obtain the appraised value relating to property outside of the City's Extra Territorial Jurisdiction (ETJ) to compute the Payments in Lieu of Taxes (PILOT) for the industries in which the City has an Industrial District Agreement IDA) with; and, WHEREAS, the City is recommending a two (2) year contract with Capitol Appraisal Group, LLC, of Austin, Texas, to identify all industrial properties within the City's ETJ and their related accounts to ensure that all appraised property is properly billed for PILOT payments; and, WHEREAS, the City Council is of the opinion that a two (2) year Agreement for Professional Services between the City of Beaumont and Capitol Appraisal Group, LLC, of Austin, Texas, for the identification of all industrial properties within the City's Extra Territorial Jurisdiction (ETJ) is in the best interest of the citizens of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute a two (2) year Agreement for Professional Services between the City of Beaumont and Capitol Appraisal Group, LLC, of Austin, Texas, for the identification of all industrial properties within the City's Extra Territorial Jurisdiction (ETJ). Said Agreement for Professional Services is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of July, 2017. AGREEMENT FOR PROFESSIONAL SERVICES THE STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement (the "Agreement) is made this day of , 2017, by and between CITY OF Beaumont , hereinafter referred to as the "City", and CAPITOL APPRAISAL GROUP, LLC, of Austin, Travis County, Texas, hereinafter referred to as the "Contractor" (collectively referred to as the 'Parties" or singularly a "Party"), acting by and through their respective representatives. General Recitals 1. It has been represented by the Contractor and determined by the City that Contractor is skilled and qualified to identify industrial business properties within the Extra Territorial Jurisdiction of the City of Beaumont, hereinafter referred to as "ETJ", and report to City the corresponding accounts as reported by Jefferson County Appraisal District, hereinafter referred to as "JCAD". Therefore, the City desires to employ Contractor to perform a search and identify industrial properties within the ETJ within the JCAD jurisdiction for properties currently appraised by Capitol Appraisal Group, LLC for the Jefferson County Appraisal District. Contractor hereby agrees to complete all necessary steps to identify industrial properties within the properties currently appraised by Contractor, and include in a report those properties in addition to values for properties currently under agreement with the ETJ. 2. Contractor will identify any new industrial properties within the ETJ and the jurisdiction of JCAD within the properties currently appraised by the Contractor, and provide City with a report for the 2017 and 2018 tax years. The report shall include values as established by JCAD for existing companies with contracts with ETJ in addition to companies with properties located within locations currently appraised by the Contractor for JCAD that do not have agreements with ETJ. . 3. The process of identifying properties will be performed within the context of the laws and statues in the State of Texas. All legal descriptions, values, and jurisdictional determinations will be based on the prior determinations by JCAD. Contractor is providing professional appraisal reporting services, limited to discovery, description, and identification and this Agreement is authorized and subject to the Professional Services Procurement Act. TEX. GOV'T CODE § 2254. Term 4. The Contractor hereby agrees to commence work under this contract upon execution of this agreement and provide a full report before the sixtieth (60th) day after certification of the 2017 tax roll by JCAD. For the 2018 tax roll, the contractor shall commence work upon the certification of the 2018 tax roll by JCAD and provide a full report before the sixtieth (60th) day after certification. The time for delivery on the fully completed report and electronic map may be amended by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. Page 1 EXHIBIT "A" Scope of Services 5. Contractor will employ electronic records, provided by JCAD, of the territorial boundaries of the City of Beaumont and surrounding municipalities to estimate the territorial limits for the ETJ within Jefferson County and subject to the authority of JCAD. Contractor will rely on current available electronic jurisdictional maps and use ESRI GIS Software to perform this task. Contractor will limit the determination of the ETJ boundaries to the use of GIS Software. 6. Contractor will identify new industrial business property, classified as industrial real and personal property, as added by JCAD for the 2017 and 2018 tax years at locations within the ETJ and currently appraised by the Contractor for JCAD. Contractor will take the new identified properties and determine the corresponding JCAD accounts. Contractor will use the information as appraised, determined and certified by JCAD on the 2017 and 2018 appraisal rolls exclusively. Contractor will take the information from JCAD and report the legal description, jurisdictional determinations, and market value of all property (including land). 7. The report will reflect the information for the properties as appraised, determined and certified by JCAD on the 2017 and 2018 appraisals roll exclusively. Contractor will comply with their duties under this Agreement by providing City the ESRI electronic map and corresponding report meeting the specifications in Paragraph 6 through 8. Address and Notice 8. Unless otherwise specified in this contract, any notice, communication, request, reply, or advice related to performance of this contract shall be addressed as follows: City Point of Contact: If intended for Contractor, to: Todd A. Simoneaux, CPA Gregg Davis Chief Financial Officer 9300 Research Blvd., Austin, TX 78759 Telephone No.: 409.880.3116 Telephone No.: 512.346.5480 Email: gdav@ca ig com Fee 9. Contractor shall be entitled to a total fee of $19,000 (Nineteen Thousand Dollars) for the 2017 tax year and $16,500 (Sixteen Thousand Five Hundred Dollars) for the 2018 tax year. Contractor will be required to perform its services on or before sixty (60) days from the certification of the 2017 and 2018 tax rolls by JCAD. City shall pay Contractor the above- mentioned fee within thirty days (30) of the delivery of the final report and ESRI map. City shall in good faith take all actions necessary to facilitate the payment of all sums due to Contractor. Such payment shall constitute full payment to the Contractor for all its services under this Contract. Additional travel and services may incur additional fee, which must be previously approved in writing by both Parties. Governing Law Page 2 10. The Agreement shall be governed by the laws of the State of Texas, without giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction. Termination 11. Either party may terminate this contract upon giving Sixty (60) days notice to the other party of its intent to do so. 12. The City may terminate this contract for failure by Contractor to deliver the final report or failure to comply with the terms of the Agreement. In the event of termination, the City may request a refund less all cost of services performed prior to termination of the Agreement. 13. Disagreement with the opinions or determinations reached by Contractor will not be basis for termination of the Agreement. Parties shall act in good faith in performance of this Agreement. In the case of a bad faith termination by the City, Contractor shall be entitled to the full fee stated in the Agreement. Amendment 14. This Agreement may be amended by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. Legal Construction 15. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. Entire Agreement 16. This Agreement is the entire Agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the Parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. Successors and Assigns 17. This Agreement may not be assigned without the prior written consent of the City. Recitals 18. The recitals to this Agreement are incorporated herein. Page 3 Insurance 19. Contractor shall maintain public liability insurance, automobile liability insurance and, if applicable, worker's compensation insurance. The public liability insurance shall be in the form of comprehensive general liability with the inclusion of contractual liability coverage and shall provide limits not less than one million dollars ($1,000,000.00) for each person and not less than one million dollars ($1,000,000.00) for each occurrence for bodily injury liability and not less than one million dollars ($1,000,000.00) for each occurrence of property damage liability. The worker's compensation insurance shall provide employer's liability insurance in the amount of not less than five hundred thousand dollars ($500,000.00). Indemnification 20. TO THE FULLEST EXTENT PERMITTED BY LAW CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY THE "CITY INDEMNITEES") FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT OF OR RESULTING FROM BODILY INJURY OR DEATH OF A PERSON OR PROPERTY DAMAGE, INCLUDING THE LOSS OF USE OF PROPERTY, ARISING OR ALLEGED TO ARISE OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE PERFORMANCE OF WORK OR SERVICES OF THE CONTRACTOR, AND IT'S SUB -CONTRACTORS UNDER THIS AGREEMENT, OR THE RESULT OF ANY NEGLIGENT ACT OR OMISSION OR ANY INTENTIONAL ACT OR OMISSION IN VIOLATION OF THE CONTRACTOR'S STANDARD OF CARE BY THE CONTRACTOR, IT'S SUB -CONTRACTOR OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE CONTRACTOR OR ANYONE FOR WHOSE ACTS THE CONTRACTOR MAY BE LIABLE OR DUE TO THE VIOLATION OF ANY ORDINANCE, REGULATION, STATUTE, OR OTHER LEGAL REQUIREMENT BY THE CONTRACTOR, IT'S SUB -CONTRACTORS, OR ANY OF THEIR AGENTS AND EMPLOYEES, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY INTENTIONAL OR NEGLIGENT ACT OR OMISSSION OF THE CONTRACTOR, IT'S SUB -CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE CONTRACTOR, IT'S SUB- CONTRACTORS OR ANYONE FOR WHOSE ACTS THE CONTRACTOR OR IT'S SUB- CONTRACTOR MAY BE LIABLE. Independent Contractor 21. It is understood and agreed by and between the parties that the Contractor in satisfying the conditions of this Agreement, is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. (signature page to follow) Page 4 WITNESS our hand in duplicate, this day of , 2017. CITY OF BEAUMONT ATTEST: WITNESS our hand in duplicate, this day of , 2017. CAPITOL APPRAISAL GROUP, LLC Gregg A. Davis, President Page 5 AGREEMENT FOR PROFESSIONAL SERVICES THE STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement (the "Agreement) is made this day of 2017, by and between CITY OF Beaumont , hereinafter referred to as the "City" and CAPITOL APPRAISAL GROUP, LLC, of Austin, Travis County, Texas, hereinafter referred to as the "Contractor" (collectively referred to as the 'Parties" or singularly a "Party'), acting by and through their respective representatives. General Recitals 1. It has been represented by the Contractor and determined by the City that Contractor is skilled and qualified to identify industrial business properties within the Extra Territorial Jurisdiction of the City of Beaumont, hereinafter referred to as "ETJ", and report to City the corresponding accounts as reported by Jefferson County Appraisal District, hereinafter referred to as "JCAD". Therefore, the City desires to employ Contractor to perform a search and identify industrial properties within the ETJ within the JCAD jurisdiction for properties currently appraised by Capitol Appraisal Group, LLC for the Jefferson County Appraisal District. Contractor hereby agrees to complete all necessary steps to identify industrial properties within the properties currently appraised by Contractor, and include in a report those properties in addition to values for properties currently under agreement with the ETJ. 2. Contractor will identify any new industrial properties within the ETJ and the jurisdiction of JCAD within the properties currently appraised by the Contractor, and provide City with a report for the 2017 and 2018 tax years. The report shall include values as established by JCAD for existing companies with contracts with ETJ in addition to companies with properties located within locations currently appraised by the Contractor for JCAD that do not have agreements with ETJ. 3. The process of identifying properties will be performed within the context of the laws and statues in the State of Texas. All legal descriptions, values, and jurisdictional determinations will be based on the prior determinations by JCAD. Contractor is providing professional appraisal reporting services, limited to discovery, description, and identification and this Agreement is authorized and subject to the Professional Services Procurement Act. TEX. GOV'T CODE § 2254. Term 4. The Contractor hereby agrees to commence work under this contract upon execution of this agreement and provide a full report before the sixtieth (60th) day after certification of the 2017 tax roll by JCAD. For the 2018 tax roll, the contractor shall commence work upon the certification of the 2018 tax roll by JCAD and provide a full report before the sixtieth (60th) day after certification. The time for delivery on the fully completed report and electronic map may be amended by the agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. Page 1 Scope of Services 5. Contractor will employ electronic records, provided by JCAD, of the territorial boundaries of the City of Beaumont and surrounding municipalities to estimate the territorial limits for the ETJ within Jefferson County and subject to the authority of JCAD. Contractor will rely on current available electronic jurisdictional maps and use ESRI GIS Software to perform this task. Contractor will limit the determination of the ETJ boundaries to the use of GIS Software. 6. Contractor will identify new industrial business property, classified as industrial real and personal property, as added by JCAD for the 2017 and 2018 tax years at locations within the ETJ and currently appraised by the Contractor for JCAD. Contractor will take the new identified properties and determine the corresponding JCAD accounts. Contractor will use the information as appraised, determined and certified by JCAD on the 2017 and 2018 appraisal rolls exclusively. Contractor will ,take the information from JCAD and report the legal description, jurisdictional determinations, and market value of all property (including land). 7. The report will reflect the information for the properties as appraised, determined and certified by JCAD on the 2017 and 2018 appraisals roll exclusively. Contractor will comply with their duties under this Agreement by providing City the ESRI electronic map and corresponding report meeting the specifications in Paragraph 6 through 8. Address and Notice 8. Unless otherwise specified in this contract, any notice, communication, request, reply, or advice related to performance of this contract shall be addressed as follows: City Point of Contact: If intended for Contractor, to: Todd A. Simoneaux, CPA Gregg Davis Chief Financial Officer 9300 Research Blvd., Austin, TX 78759 Telephone No.: 409.880.3116 Telephone No.: 512.346.5480 Email: jzdav@cagi.com Fee 9. Contractor shall be entitled to a total fee of $19,000 (Nineteen Thousand Dollars) for the 2017 tax year and $16,500 (Sixteen Thousand Five Hundred Dollars) for the 2018 tax year. Contractor will be required to perform its services on or before sixty (60) days from the certification of the 2017 and 2018 tax rolls by JCAD. City shall pay Contractor the above -mentioned fee within thirty days (30) of the delivery of the final report and ESRI map. City shall in good faith take all actions necessary to facilitate the payment of all sums due to Contractor. Such payment shall constitute full payment to the Contractor for all its services under this Contract. Additional travel and services may incur additional fee, which must be previously approved in writing by both Parties. Governing Law 10. The Agreement shall be governed by the laws of the State of Texas, without Page 2 giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction. Termination 11. Either party may terminate this contract upon giving Sixty (60) days' notice to the other party of its intent to do so. 12. The City may terminate this contract for failure by Contractor to deliver the final report or failure to comply with the terms of the Agreement. In the event of termination, the City may request a refund less all cost of services performed prior to termination of the Agreement. 13. Disagreement with the opinions or determinations reached by Contractor will not be basis for termination of the Agreement. Parties shall act in good faith in performance of this Agreement. In the case of a bad faith termination by the City, Contractor shall be entitled to the fill fee stated in the Agreement. Amendment 14. This Agreement may be amended by the mutual agreement of the Parties hereto in writing to be attached to and incorporated into this Agreement. Legal Construction 15. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. Entire Agreement 16. This Agreement is the entire Agreement between the Parties with respect to the subject matter covered in this Agreement. There is no other collateral oral or written Agreement between the Parties that in any manner relates to the subject matter of this Agreement, except as provided in any Exhibits attached hereto. Successors and Assigns 17. This Agreement may not be assigned without the prior written consent of the City. Recitals 18. The recitals to this Agreement are incorporated herein. Page 3 Insurance 19. Contractor shall maintain public liability insurance, automobile liability insurance and, if applicable, worker's compensation insurance. The public liability insurance shall be in the form of comprehensive general liability with the inclusion of contractual liability coverage and shall provide limits not less than one million dollars ($1,000,000.00) for each person and not less than one million dollars ($1,000,000.00) for each occurrence for bodily injury liability and not less than one million dollars ($1,000,000.00) for each occurrence of property damage liability. The worker's compensation insurance shall provide employer's liability insurance in the amount of not less than five hundred thousand dollars ($500,000.00). Indemnification 20. TO THE FULLEST EXTENT PERMITTED BY LAW CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY THE "CITY INDEMNITEES") FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO, ATTORNEYS' FEES, ARISING OUT OF OR RESULTING FROM BODILY INJURY OR DEATH OF A PERSON OR PROPERTY DAMAGE, INCLUDING THE LOSS OF USE OF PROPERTY, ARISING OR ALLEGED TO ARISE OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE PERFORMANCE OF WORK OR SERVICES OF THE CONTRACTOR, AND IT'S SUB -CONTRACTORS UNDER THIS AGREEMENT, OR THE RESULT OF ANY NEGLIGENT ACT OR OMISSION OR ANY INTENTIONAL ACT OR OMISSION IN VIOLATION OF THE CONTRACTOR'S STANDARD OF CARE BY THE CONTRACTOR, IT'S SUB -CONTRACTOR OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE CONTRACTOR OR ANYONE FOR WHOSE ACTS THE CONTRACTOR MAY BE LIABLE OR DUE TO THE VIOLATION OF ANY ORDINANCE, REGULATION, STATUTE, OR OTHER LEGAL REQUIREMENT BY THE CONTRACTOR, IT'S SUB- CONTRACTORS, OR ANY OF THEIR AGENTS AND EMPLOYEES, BUT ONLY TO THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY INTENTIONAL OR NEGLIGENT ACT OR OMISSSION OF THE CONTRACTOR, IT'S SUB -CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THE CONTRACTOR, IT'S SUB- CONTRACTORS OR ANYONE FOR WHOSE ACTS THE CONTRACTOR OR IT'S SUB- CONTRACTOR MAY BE LIABLE. Independent Contractor 21. It is understood and agreed by and between the parties that the Contractor in satisfying the conditions of this Agreement, is acting independently, and that the City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of the City. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. (signature page to follow) Page 4 WITNESS our hand in duplicate, this day of 52017. CITY OF BEAUMONT L' I � ATTEST: PL WITNESS our hand in duplicate, this day of �./ L , 2017. CAPITOL APPRAISAL GROUP, LLC Gregg A. Davis, President Page 5