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HomeMy WebLinkAboutPR 18469: CONTRACT WITH CAPITOL APPRAISAL GROUP, LLC OF AUSTIN, TEXAS P. R. NO. 18469 8/8/14 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 $3, 900 . 00; ACCOUNT NO. 001-1021-514 . 54-00 . WHEREAS, it is necessary for the City of Port Arthur to have access to all the latest 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 most up-to-date 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 s.pr18469 valuations primarily for the purpose of property taxation with a focus of industrial business property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1 . That 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 an amount not to exceed $3, 900 . 00 . 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 , 2014 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote : AYES : Mayor: Councilmembers : , NOES : Mayor s.pr18469 ATTEST: City Secretary APPROVED AS TO FORM: City Attorne A, APPROVED FOR ADMINISTRATION: John A. Comeaux, P. E. , Interim City Manager APPROVED AS TO AVAILABILITY OF FUNDS: Director o Finance s.pr18469 Exhib i t "A" s.pr1S469 AGREEMENT FOR PROFESSIONAL SERVICES THE STATE OF TEXAS § § COUNTY OF JEFFERSON § This agreement (the "Agreement") is made this day of , 2014, 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 within the JCAD jurisdiction. Contractor hereby agrees to complete all necessary steps to identify industrial properties and present an ESRI Geographical Information Systems (GIS) map and corresponding report detailing the industrial properties as listed in the JCAD property appraisal roll. 2. WHEREAS, Contractor under a previous agreement performed appraisal services in identifying industrial properties within the ETJ and the jurisdiction of JCAD and provided the City with an ESRI GIS Software electronic map with the identified industrial properties and a report detailing the information on these properties, including value as appraised and certified by JCAD for the 2012 and 2013 tax roll, Contractor will identify any new industrial properties within the ETJ and the jurisdiction of JCAD and provide City with an Updated ESRI electronic map and detailed report reflecting the information as appraised and certified by JCAD for the 2014 tax. 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 2014 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. Page 1 Scope of Services 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 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. Contractor will exclude the regional airport and surrounding hangars. 6. Contractor will canvas the area determined in Paragraph 5, the territorial limits of the ETJ, and identify new industrial business property, classified as industrial real and personal property, as added by JCAD for the 2014 tax year. 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 2014 appraisal roll exclusively. Contractor will take the information from JCAD and report the legal description, jurisdictional determinations, market value of all property (including land), and a GIS identifying data-point for each new industrial property identified. 7. Contractor will update the ESRI GIS Software electronic map and detailed report delivered to reflect the new industrial properties identified, as described in Paragraph 6. The report will reflect the information for the properties as appraised, determined and certified by JCAD on the 2014 appraisal 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: 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 9. Contractor shall be entitled to a total fee of$3,900 (three thousand nine hundred). Contractor will be required to perform its services on or before sixty (60) days from the Page 2 certification of the 2014 tax roll 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 giving effect to any conflicts of law rule or principle that might result in the application of the laws of another jurisdiction. Termination 11. 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. 12. 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 13. 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 14. 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 15. 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 Page 3 16. This Agreement may not be assigned without the prior written consent of the City. Recitals 17. The recitals to this Agreement are incorporated herein. Independent Contractor 18. 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 CITY OF PORT ARTHUR City Attorney ATTEST: City Manager CAPITOL APPRAISAL GROUP,LLC Gregg A. Davis, Executive Vice President Page 5