Loading...
HomeMy WebLinkAboutRES 23-279RESOLUTION NO. 23-279 BE IT RESOLVED BY THE CITY COUNCIL O1~ THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to approve a two (2) year contract with Capitol Appraisal Group, LLC., of Austin, Texas for the identification of all industrial properties within the City's Extra Territorial Jurisdiction (ETJ) in the amount of $17,500,00 for the 2024 tax year, and $17,850.00 for the 2025 tax year. The sleeting at which this resolution was approved was in all things conducted is strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2023. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 Oth day of October, - Mayor Roy West - TIDE STATE OF TEXAS § COUNTY OF JEFIVERSON § AGREEMENT FOR PROFESSIONAL SERVICES This agreement (the "Agreement') is made this day of ,, , 20 , by and between the CITY of BE, AUMONT, hereinafter referred to as the "City" and CAPITOL APPRAISAL GROUP, LLC, of Austin, 'Fravis 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 "M", 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 asearch 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 withintheproperties 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 2024 and 2025 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 statutes 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. GOW 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 2024 tax roll by the JCAD. For the 2025 tax roll, the contractor shall commence work uponthe certification ofthe 2025 tax toll by the JCAD and provide afull 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 reaps 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 2024 and 2025 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 2024 and 2025 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 2024 and 2025 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 Paragraphs 6 through 8. Address and Notice 8. Unless otherwise specified in this contract, any notice, communication, request, reply, or advice related to the performance of this contract shall be addressed as follows: City point of contact: Todd A. Simoneaux, CPA Chief Financial Officer Telephone No.: 409.880.3116 Fee Contractor point of contact: Gregg Davis 9300 Research Blvd Svrd SB, Ste 100 Austin, TX 78759 Telephone No: 512.346.5480 Email: gdav@cagi.com 9. The Contractor shall be entitled to a total fee of $17,500 (Seventeen Thousand Five Hundred Dollars) for the 2024 tax year and $17,950 (Seventeen Thousand Eight Hundred Fifty Dollars) for the 2025 tax year. The Contractor will be required to perform its services on or before sixty (60) days from the certification of the 2024 and 2025 tax rolls by the ICAD, 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 fees, 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 party 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. Inthe event of termination, the City :may request a refund less all costs of services performed prior to termination of the Agreement. 13. Disagreement with the opinions or determinations reached by the Contractor will not be the basis for termination of the Agreement, Parties shall act in good faith in the 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 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. Dntire Agreement 16. This Agreement is the entire Agreement between the Parties with respect to the 2 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 cacti 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 indeninitees") 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 Betions, A 11 services to be performed by the Contractor pursuant to this Agreement shall be in the 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 manner and means by which its services are to be performed, subject to the, terms of this Agreement. Texas Government Corte §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 that 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 its duplicate, this 3r4 clay of August, 2023. Gregg A. Da 4s, Executive Vice -President THE STATE of TEXAS COUNTY OF JEFERSON AGREEMENT FOR PROFESSIONAL SERVICES ti " A a/ This agreement (the "Agreement') is made this . day of . Ii 20, V Y Tand between the CITY of � AUMON , hereinafter referred to as the "City" and CAPITOL APPRAISAL SAL GROUP, LLC, of Austin, Travis County, Texas, hereinafter referred to as the "Contractor' (collectively referred to as the "Padies" or singularly a Vaily", acting by and through their respective representatives. General Recitals 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 "JCA ". Wherefore., the City desires to employ the 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. The Contractor hereby agrees to complete all necessary steps to 'Identify industrial properties withinthe properties currently appraised by the Contractor and include in a report those properties in addition to values for properties currently under agreement with the . 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 2024 and 202 5 tax years. The report shall include values as established by the SCAR for existing companies with contracts with the B`J, i 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 ofidentifying properties Will be performed within the context oft e lags and statutes 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 disco eq, description, and identification, and this Agreement is authorized and subject to the Professional Services Procurement .Act, T X. GOV CODE §2254. Term 4. The Contractor hereby agrees to commence work under; this contract upon execution of this agreement and provide a fall report before the sixtieth t day after certification of the 2024 tax roll by the JCA . For the 2025 tax roll, the contractor shall commence work upon the certification ofthe 2025 tax roll by the JCAD and provide a full report before the sixtieth both) day after certification. ThO, time for delivery on the fully completed report and electronic map may be amended d by the agreement of the Parties hereto ia a n writing to be attached to and Incorporated Into this Agreement. Scope of Services . 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 author;it of the JCAD. The Contractor will rely on cuff ent available electronic jurisdictional naps and us e ESRI GI Software to perform this task. The Contractor will limit the determination of the ETJ boundaries to the use of GIS Software. . The Contractor will identify new industrial business property, classified as industrial real and personal Property, as added by the JCAD for the 2024 and 2025 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 coff esponding the JCAD accounts. The Contractor will use the information as appraised, determined and certified b the JCAD on the 2024 and 2025 appraisal rolls exclusively. The Contractor will tale the Information from. the JCAD and report the legal description, jurisdictional determ nations, and market et 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 2024 and 2025 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 Paragraphs rah through . Address and Notice 8. Unless otherwise specified in this contract, any notice, communication, request, reply, or advice related to the performance of'this contract shall be addressed as follows: City point of-cont ct: Todd A. Simoneaux, CPA Chief Financial officer Telephone No.: 40.880.31 l Fee Contractor point of contact: Gregg Davis 300 Research Blvd Svc#d S , Ste 100 Austin, TX 78759 Telephone No: 5 f2. 46.54 0 Email: gdav@eagi.com 9. The Contractor shall be entitled to a total fee of $17,500 (Seventeen Thousand Five Hundred Dollars) for the 2024 tax year and $17,8 5 0 Seventeen Thousand Eight HU ndred `fifty Dollars) for the 2025 tax year. The Contractor will be required to perform its services on 2 or before sixty 60days from the rti "i i the 2024 2025 tax rolls y the JCAD. The City shall pay the Contractor the above -mentioned fee within thirty days 30 of the delivery of the final report and ESR1 neap. 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 fees, which must be previously approved in writing by both Parties. Governing Lave 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 night result in the application of the laws of another jurisdiction. Termination 11. Either party may terminate this contract upon giving sixty days notice to the other party 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 coy with the errs of the Agrees t. Inthe event of termination, the City may request a refund less all costs of services performed prior to termination of the Agreement* 13. Disagreement with the opinions or determinations reached by the Contractor will not be the basis for termination of the Agreement. Parties shall act in good faith in the 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 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 u enforceabi ity shall not affect any other provision thereof, and this Agreement t 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 Parities with respect to the 2 sub Vect 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. oo 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 1,000,00. o) 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 dollar ($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 lndemnitees") 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 ofuse ofproperty, 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 tinder this agreement, or the result of any negligent act or omission or any intentional act or omission 'in violation ofthe 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, statue, 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 onlission of the Company, it's sub -contractors or anyone directly orindirectly employed by the Company, its sub- contractors or anyone for whose acts the Company or its sub -contractor may be fable. Independent Contractor 21. 1t 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 this.d party in cotuiection with these actions. All services to be performed by the Contractor pursuant to this Agreement shall be in the 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 manner and ineans by which its services are to be performed, subject to the teems of this Agreement. Texas Government Code §2270.002 22. The Company does not boycott Israel and will not boycott Israel during the tern of this contract. Texas Government Code §2252.152 23. The C nnpany does not engage in any form of business with Dian, 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 others 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 that this agreement may be terminated and payment withheld if this certification is inaccurate, (signature page to follow) -7 WITNESS our hand i duplicate, t i day of � , 20 CITY of BEAUMONT dw ATTESTED: ...-.n WITNESS our hand in duplicate, this 3,dday of August, 2023. { Gregg, Davis, Executive Vice -President