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HomeMy WebLinkAboutPR 17439: CONTRACT WITH CAPITAL APPRAISAL GROUP FOR APPRAISALS OF INDUSTRIAL PROPERTIES P. R. NO. 17439 12/4/12 ht RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CAPITOL APPRAISAL GROUP, LLC OF AUSTIN, TEXAS FOR THE APPRAISALS OF INDUSTRIAL PROPERTIES IN THE CITY'S EXTRATERRITORIAL JURISDICTION (ETJ) . IN AN AMOUNT NOT TO EXCEED $23,400, ACCOUNT NO.001- 1003 - 512- 59 -00, PROJECT NO. M97903. WHEREAS, it is necessary for the City of Port Arthur to have access to all tax account information of property located within the Extraterritorial Jurisdiction of the City of Port Arthur hereinafter referred to as "ETJ "; and WHEREAS, industrial property owners normally pay real property taxes to the City based upon "in lieu of tax" agreements at discount percentages of the tax assessed value of land and improvements on a site; and WHEREAS, in order to properly assess values and negotiate agreements, it is necessary for the City to have access'to the data regarding the property owners in the ETJ; and WHEREAS, Capitol Appraisal Group, LLC is a full service firm with over 30 years of experience and provides appraisal information and consultation to governmental entities regarding valuations primarily for the purpose of property taxation with a focus of industrial business property. s.pr17439 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. The facts and opinions in the preamble are true and correct. Section 2. That it is deemed in the best interest of the City of Port Arthur to authorize the City Manager and City Attorney to enter into a contract with Capitol Appraisal Group, LLC in substantially the same form delineated in Exhibit "A" in the amount of $23,400. Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of 2012 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: s.pr17439 Mayor ATTEST: City Secretary APPROVED AS TO FORM: V;(1,0_ V City Attorney APPROVED FOR ADMINISTRATION: City Manager APPROVED AS TO AVAILABILITY OF FUNDS: 114 _ �./ Director of Finance 1 s.pr17439 Exhibit "A" s.pr17439 AGREEMENT FOR PROFESSIONAL SERVICES THE STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement (the "Agreement ") is made this day of 2012, by and between CITY OF PORT ARTHUR, 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 Port Arthur, 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 and subject to JCAD jurisdiction. Contractor hereby agrees to complete all necessary steps to identify industrial properties and present an ESRI Geographical Information Systems (GIS) electronic map and corresponding report detailing the industrial properties as listed in the JCAD property appraisal roll. 2. Contractor will perform their duties under two separate phases. In Phase One, Contractor will identify the territorial boundaries of the ETJ, within the jurisdiction of JCAD, and identify industrial properties within the area. Contractor will provide City with an ESRI GIS electronic map containing the identified industrial properties and a report detailing the information on these properties as appraised by JCAD for the 2012 certified tax roll (Services described in paragraph 5 -8). Phase Two will require Contractor to identify any new industrial properties within the ETJ, within the jurisdiction of JCAD, and provide City with an updated ESRI electronic map and detailed report reflecting the information on all identified properties as appraised and certified by JCAD for the 2013 tax roll (Services described in paragraph 9 -10). 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 certified in the 2012 and 2013 tax roll by JCAD. Contractor is providing professional appraisal reporting services, limited to identification and reporting of such property. The Agreement is authorized by 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 an electronic map and report of properties identified in Phase One on or before the 30 day of April 2013. Contractor will provide a final electronic map and report of all properties identified in Phase One and Phase Two on or before the sixtieth Page 1 (60 day after certification of the 2013 tax roll by JCAD. 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. Scope of Services Phase One 5. Contractor will employ electronic records, provided by JCAD, of the territorial boundaries of the City of Port Arthur and surrounding municipalities to estimate the territorial limits for the ETJ within Jefferson County and subject to the jurisdiction 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. Contractor will exclude the regional airport and surrounding hangars. 6. Contractor will search the area determined in Paragraph 5, the territorial limits of the ETJ, and identify industrial businesses and property, classified as industrial real and personal property, in the area Contractor will identify these properties on a electronic map created with ESRI GIS Software and will add to the electronic map a data -point with sufficient information to identify the location of the identified property. 7. Contractor will take the identified properties and determine the corresponding JCAD accounts. Contractor will use the information as appraised and determined by JCAD on the certified 2012 appraisal roll. Contractor will report the JCAD account number, legal description, jurisdictional determinations, market value (including land), and a GIS identifying data -point for each industrial property identified in Paragraph 6. 8. Contractor will provide a Phase One report including an electronic map and a report detailing the information on identified properties as described in Paragraph 7. Contractor will comply with their duties for Phase One under this Agreement by providing City with a complete Phase One report meeting the specifications in Paragraph 5 through 7. Phase Two 9. Contractor will search for new property in the area determined in Paragraph 5, the territorial limits of the ETJ, and not previously identified in Phase One. Contractor will identify the new industrial business property, classified as industrial real and personal property, and add to the properties identified and reported for Phase One. Contractor will determine the corresponding JCAD accounts for new identified properties. Contractor will use the information as appraised and determined by JCAD on the 2013 certified appraisal roll. Contractor will report the JCAD account number, legal description, jurisdictional determinations, market value (including land), and a GIS identifying data -point for each new industrial property identified. 10. Contractor will deliver a final report including an electronic map and a detailed report with all the identified industrial properties in Phase One and Phase Two. The final report Page 2 will reflect the information for all of identified properties as appraised and determined by JCAD on the 2013 certified appraisal roll. Contractor will comply with their duties for Phase Two under this Agreement by providing City the final report meeting the specifications in Paragraph 9 and 10. Address and Notice 11. 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: Valecia R. Tizeno Gregg Davis City Attorney 9300 Research Blvd, Austin TX, 78759 Telephone No.: 512.346.5480 Telephone No.: 409.983.8125 Email: gdav @cagi.com Email: Fee 12. Contractor shall be entitled to a total fee of $23,400 (Twenty Three Thousand Four Hundred). Contractor will be required to perform its services under Phase One of this Agreement on or before April 30 of 2013 and Phase Two on or before sixty (60) days from the certification of the 2013 tax roll by JCAD. City shall pay Contractor the above - mentioned fee in three (3) payments beginning with a payment in the amount of $9,750 on or before January 1, 2013. The second payment in the amount of $9,750 will be due within thirty days (30) of the completion of Phase One. The third and final payment in the amount of $3,900 will be due within thirty days (30) of the completion of Phase Two. 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 13. 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 14. 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. Page 3 15. 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 16. 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 17. 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 18. 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 19. This Agreement may not be assigned without the prior written consent of the City. Recitals 20. The recitals to this Agreement are incorporated herein. 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) Page4 1 WITNESS our hand in duplicate, this day of , CITY OF PORT ARTHUR City Attorney ATTEST: City Manager CAPITOL APPRAISAL GROUP, LLC Gregg A. Davis, Executive Vice President Page 5