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HomeMy WebLinkAboutRES 21-112RESOLUTION NO. 21-112 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: 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, in the annual amount of $16,500.00, for the identification of all industrial properties within the City's Extra Territorial Jurisdiction (ETJ). The 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 4th day of May, 2021. THE STATE OF TEXAS COUNTY OFJEFFERSON AGREEMENT FOR PROFESSIONAL SERVICES This agreement (the "Agreement') is made this _ day of 20_, by and between the 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 the Contractor is skilled and qualified to identify industrial business properties within the Extra Territorial Jurisdiction of the City of Beaumont, hereinafter referred to as the "ETP, and report to City the corresponding accounts as reported by the Jefferson County Appraisal District, hereinafter referred to as the "JCAD". Therefore, the City desires to employ the Contractor to perform asemeh 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. The Contractor hereby agrees to complete all necessary steps to identify industrial properties within theproperties currently appraised by the Contractor and include in areport those properties in addition to values for properties currently under agreement with theETJ. 2. The Contractor will identify any new industrial properties within the ETJ and the jurisdiction of the JCAD within the properties currently appraised by the Contractor and provide the City with a report for the 2022 and 2023 tax years. The report shall include values as established by the JCAD for existing companies with contracts with the ETJ in addition to companies with properties located within locations currently appraised by the Contractor for the JCAD that do not have agreements with the 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 the JCAD. The 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 2022 tax roll by the JCAD. For the 2023 tax roll, the contractor shall EXHIBIT "A" commence work uponthe certification ofthe 2023 tax roll by the 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. Scope of Services 5. The Contractor will employ electronic records, provided by the 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 the JCAD. The Contractor will rely on current available electronic jurisdictional maps and use ESRI GIS Software to perform this task. The Contractor will limit the determination of the ETJ boundaries to the use of GIS Software. 6. The Contractor will identify new industrial business property, classified as industrial real and personal property, as added by the JCAD for the 2022 and 2023 tax years at locations within the ETJ and currently appraised by the Contractor for the JCAD. The Contractor will take the new identified properties and determine the corresponding the JCAD accounts. The Contractor will use the information as appraised, determined and certified by the JCAD on the 2022 and 2023 appraisal rolls exclusively. The Contractor will take the information from the 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 the JCAD on the 2022 and 2023 appraisals roll exclusively. The Contractor will comply with their duties under this Agreement by providing the 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: Contractor point of contact: Todd A. Simoneaux, CPA Gregg Davis Chief Financial Officer 9300 Research Blvd Svrd SB, Ste 100 Telephone No.: 409.880.3116 Austin, TX 78759 Telephone No: 512.346.5480 Email: gdav@cagi.com Fee 9. The Contractor shall be entitled to a total fee of $16,500 (Sixteen Thousand Five Hundred Dollars) for the 2022 tax year and $16,500 (Sixteen Thousand Five Hundred Dollars) for the 2023 tax year. The Contractor will be required to perform its services on or before sixty (60) days from the certification of the 2022 and 2023 tax rolls by the JCAD. The City shall pay the Contractor the above -mentioned fee within thirty days (30) of the delivery of the final report and ESRI map. The City shall in good faith take all actions necessary to facilitate the payment of all sums due to the 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 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 patty of its intent to do so. 12. The City may terminate this contract for failure by the 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 the 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, the 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 slid 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. City, Successors and Assigns 17. This Agreement may not be assigned without the prior written consent of the Recitals 18. The recitals to this Agreement are incorporated herein. Insurance 19. The 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 the Company 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 Company, 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 Company's standard of care by the Company, it's sub -contractor or anyone directly or indirectly employed by the Company or anyone for whose acts the Company may be liable or due to the violation of any ordinance, regulation, statute, or other legal requirement by the Company, 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 omission of the Company, it's sub -contractors or anyone directly or indirectly employed by the Company, its sub- contractors or anyone for whose acts the Company or its 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 the Contractor pursuant to this Agreement shall be in die capacity of an independent contractor, and not as an agent or employee of the City. The Contractor shall supervise the performance of its services and shall be entitled to control the mawer and means by which its services are to be performed, subject to the terms of this Agreement. Texas Government Code §2270.002 22, The Company does not boycott Israel and will not boycott Israel during the term of this contract. Texas Government Code §2252.152 23. The Company does not engage in any form of business with Iran, Sudan, or any other foreign terrorist organizations; under §807.051, §2252.153, or §2270.0201 (formerly §806.051) Texas Government Code. Nor will the Company enter into any such business with such organizations for the duration of this contract, or any other organizations on a list prepared and maintained by the Comptroller. The Company will notify the District immediately if the Company enters into a contract with any vendors on such list. The Company acknowledges this agreement may be terminated and payment withheld if this certification is inaccurate. (signature page to follow) WITNESS our hand in duplicate, this day of 20 CITY of BEAUMONT ATTESTED: WITNESS our hand in duplicate, this 121h day of April, 2021, Gi�gg� avis President