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HomeMy WebLinkAbout12619RESOLUTION NO. 12619 A RESOLUTION APPROVING A CONTRACT FOR APPRAISAL SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND I.J. HILL APPRAISAL SERVICES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo applied for and received an allocation of Neighborhood Stabilization Program grant funds; and WHEREAS, the grant funding requires appraisals to be completed on the properties acquired that follow the requirements established in 49 CFR §24.2(a) (3) and 49 CFR§ 24.103; and WHEREAS, it is considered beneficial to the City to contract with a single contractor; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Contract between I. J. Hill Appraisal Services and the City of Pueblo dated March 25, 2013, for appraisal services, is hereby approved in substantially the form attached hereto, with such minor changes therein as shall be approved by the President of City Council and the City Attorney. SECTION 2. The President of City Council is hereby authorized to execute and deliver the Contract in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. Funds not to exceed $20,000 will be paid for from the Neighborhood Stabilization Program 3 grant in the 241 Fund. INTRODUCED: March 25, 2013 BY: Chris Kaufman Background Paper for Proposed R ESOLUTION DATE: MARCH 25, 2013 AGENDA ITEM # M-6 DEPARTMENT: HOUSING AND CITIZEN SERVICES ADA RIVERA CLARK, DIRECTOR TITLE A RESOLUTION APPROVING A CONTRACT FOR APPRAISAL SERVICES BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND I.J. HILL APPRAISAL SERVICES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council award a professional services contract to I. J. Hill Appraisal Services for the performance of appraisals as may be required by the City? RECOMMENDATION Approval of the Resolution BACKGROUND The Department of Housing and Citizen Services requires appraisals to be completed for some of its federally funded projects and is required to follow the federal procurement requirements. A request for proposals was issued in January of 2013 for said services. Only one agency responded to the request. The responder meets the qualification requirements. FINANCIAL IMPACT Funding for the services are budgeted and appropriated in the 241 Fund. Funds not to exceed $20,000 will be paid from the Fund. AGREEMENT FOR APPRAISAL SERVICES (ACQUISITION) THIS AGREEMENT ( "Agreement ") is entered into this 25 day of March, 2013, by and between PUEBLO, a Municipal Corporation, hereinafter referred to as the "Agency," and I.J. Hill Appraisal Services, hereinafter referred to as the "Appraiser." WITNESSETH THAT: WHEREAS, the Agency proposes to acquire certain real property and desires that the Appraiser furnish the Agency certain services with respect to such property, including an appraisal of each parcel of the property, and the Appraiser represents that he or she is fully qualified to perform such services and will furnish such services personally; and WHEREAS, Agency issued its Request for Proposal (RFP) No. 13 -007, "Appraisal Services for Real Estate Acquisition" and Appraiser submitted its responsive Proposal thereto and Appraiser was thereafter selected by Agency to provide the services; and WHEREAS the services to be provided under this Agreement are necessary to achieve the purposes of acquisition of real property for federally funded housing and community development activities through the Neighborhood Stabilization Program, also known as the NSP, (the "Project "), the Dodd -Frank Wall Street Reform Act of 2010, Community Development Block Grant, under Title 1 of the Housing and Community Development Act of 1974, and the HOME Investment Partnership Act grant, under Title II of the Cranston - Gonzalez National Affordable Housing Act, and, to the extent applicable, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) (collectively, "Acts "). NOW, THEREFORE, the Agency and the Appraiser, for the consideration and under the conditions hereinafter set forth, do agree as follows: ARTICLE 1. Property To Be Appraised. A description of the real property to be appraised, including an identification of any interests in the real property to be specifically excluded from appraisal, will be provided in sequential task orders issued by the Agency to the Appraiser ("Task Orders "). A separate appraisal is to be furnished for each "parcel" identified in a Task Order. (The term "parcel" means any tract or contiguous tracts of land in the same ownership, whether any such tract consists of one or more platted lots or a fractional part of a lot. An easement or other separately held interest in two or more parcels shall be considered to be a separate parcel for appraisal purposes and an exception to the title to the parcels so encumbered. An easement in a parcel that is appurtenant to another parcel to be acquired by the Agency shall be considered to be part of such other parcel and an exception to the title of the parcel encumbered.) Each parcel shall be considered to include all right, title, and interest of the owner in or to any adjacent or abutting streets, alleys, or other public rights of way. ARTICLE 2. Purpose and Basis or Valuations. (a) Purpose and Significance of Appraisals. The appraisals to be furnished under this Agreement are required by the Agency for its guidance in making fair and impartial determinations of fair market value and to ascertain the discount from current market - appraised value which should be offered to the owner to ensure that the Agency purchases are for below- market value in accordance with the requirements of the Acts. The amount of the discount is to be determined solely by the Agency and not by the Appraiser. The Appraiser shall be guided by these objectives when estimating values. Appraisal reports will be reviewed carefully by the Agency. Accordingly, the text of each appraisal report must cover all matters germane to the required valuation findings and must provide a full explanation of the Appraiser's reasoning and his analyses of the evidences of value, so that a reviewer will be able to follow the Appraiser's analyses and understand how he reached his valuation conclusions. (b) Appraisal Standards. The appraisals under this Agreement shall be based on nationally recognized appraisal standards and techniques to the extent that such principles are consistent with the concepts of value and the rules on the admissibility of evidence of value under the eminent domain law of the State of Colorado ( "State "). Factors relating to race, color, religion, sex or national origin, or to racial, religious or ethnic identification of neighborhoods are not relevant to the estimation of value and shall not be considered in connection with appraisals of residential real property. (c) Date of Valuation. The Appraiser's valuation shall be as of a date concurrent with the preparation of the report unless the Agency has specified some other date of valuation. (d) Relocation Assistance. The Appraiser's analyses and opinions of property value shall not reflect any allowance for the relocation payments and other assistance, if any, which may be provided under the URA. (e) Influence of Project on Property Value. In forming opinion(s), the Appraiser shall disregard any decrease or increase in the fair market value of the real property to be acquired, prior to the date of valuation, caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner. (In the case of a partial acquisition, using the State modified before -and- after method of valuation, the Appraiser's opinion of the value of the remaining not- to -be- acquired portion of the property shall reflect any increase or decrease in value attributable to the project.) If the determination of changes in value caused by the project is a problem, the Appraiser's report shall cite the ruling followed and its source and shall explain the effect of the ruling on his opinion of value. (f) Except to the extent in conflict with the express terms of this Agreement, the requirements of the RFP and the proposal submitted by Appraiser in response thereto are incorporated herein by reference. In the event of any such conflict, the terms in this Agreement shall control over inconsistent provisions in the RFP and proposal. ARTICLE 3. Scope of Appraiser's Services. The Appraiser agrees to perform the following services: (a) Appraise each parcel and prepare and deliver to the Agency, within 15 calendar days after the date of each Task Order, 2 copies of the appraisal report(s) for the parcel(s) identified in said Task Order conforming to the provisions of this Agreement. The Appraiser shall personally inspect each parcel, including all buildings, structures, fixtures, and other improvements to the property. The Appraiser shall give the owner or his designated representative an opportunity to accompany the Appraiser during his detailed inspection of the property. If the owner of a compensable interest in the property or a representative of such owner does not accompany the Appraiser during the inspection, the Appraiser shall include in his appraisal report a copy of his notification to the owner of the opportunity to accompany the Appraiser and evidence of the owner's receipt of such notification. In the process of inspecting the property, the Appraiser shall, to the extent practicable, ascertain the rights of all parties in possession and note for consideration all factual information and comments furnished by the owner or his representative relevant to the appraisal. (b) If requested by Agency, testify as an expert witness on behalf of the Agency in any judicial or administrative proceeding involving any property appraised under this Agreement. Such services shall include such reasonable time as may be required for re- inspection of the property, updating the Appraiser's valuation, participation in pretrial or prehearing conferences with counsel for the Agency, and testifying in the judicial or administrative proceeding. The compensation for such services shall be determined in accordance with Article 6. (c) Modify or furnish supplements to any appraisal report furnished under this Agreement, without additional cost to the Agency, if (1) applicable principles of law with respect to the valuation of the property require the modification or supplementing of such appraisal, (2) material omissions, inaccuracies, or defects in the appraisal report are discovered after delivery and acceptance of the report by the Agency, or (3) the Appraiser receives or becomes aware of relevant additional appraisal information in existence prior to the date the Appraiser signed the report. If there is a significant delay between the date of valuation and the date of acquisition of any parcel or if the property has been materially altered since the appraisal by a fire, a revised determination of the boundaries of the property to be acquired, or other cause, the Appraiser shall, if requested by the Agency, furnish the Agency a supplementary report updating this valuation and the supporting data and analyses to a current date. The compensation for such updating of an appraisal shall be determined in accordance with Article 6. (d) Estimate the value of any right or interest proposed to be reserved by the owner in a property appraised by the Appraiser, such as an easement for access to other property of the owner, the right to continue occupancy for an extended period after the Agency acquires the property, or the right to remove any building, structure, fixture, or other improvement. The compensation to be paid to the Appraiser for furnishing any such valuation shall be determined in accordance with Article 6. (e) Consult with the Agency and its legal counsel regarding services to be performed by the Appraiser, at such time(s) as may be mutually convenient for the parties to this Agreement. The Appraiser shall initiate such consultations whenever the Appraiser is in doubt as to whether an element of property is real or personal property or needs legal advice on any aspect of the appraisals to be furnished under this Agreement. There shall be no charge by any party for such consultations. ARTICLE 4. Contents of Appraisal Reports. Each appraisal report to be furnished by the Appraiser under this Agreement shall contain certain information and the Appraiser's conclusions and opinions, together with the data and analyses by which they were derived, as set forth below. A separate report shall be submitted for each parcel. However, if more than one parcel is to be appraised, all general data may be included in a separate data volume that is referenced in the separate appraisal reports on the individual parcels. The appraisal report on each parcel shall include the following: (a) A summary headed "Appraisal Report for City of Pueblo — Neighborhood Stabilization Program" that provides the following: (1) Project name and number. (2) Date of the report. (3) Task Order number and date, Parcel identification, tax assessor id number, address of the property, brief identification of all interests in the property appraised, and the name of the owner(s) including any tenant- owners. (4) Date(s) of the Appraiser's inspection of the property with the owner or the owner's designated representative. Include the name of each owner or representative of an owner who accompanied the Appraiser during the inspection and the interest held in the property or the representative capacity of each such person. (5) The Appraiser's estimate of the fair market value of the entire parcel and the fair market value of the same interest in the land, as if vacant. (6) The limiting conditions of the appraisal, which may include assumptions (i) that the title is good and marketable, (ii) that no responsibility is assumed by the Appraiser for legal matters, especially those affecting the title to the property, (iii) that the legal description of the property and the interest in the property to be appraised, furnished to the Appraiser by the Agency, is correct, and (iv) that no survey of the property has been made. Any other appropriate assumption or limiting condition may be added if it has been specifically approved in writing by the Agency. (7) The certifications of the Appraiser (i) that the Appraiser personally made a thorough inspection of the property, (ii) that, to the best of the Appraiser's knowledge and belief, Everything contained in the report is true and no relevant and important fact has been omitted, (iii) that neither the Appraiser's employment nor compensation is contingent on the valuation reported, and (iv) that the Appraiser has no past, present, or prospective interest (including that of real estate agent or broker) in the property, the parties involved, or any other interest that would conflict in any way with the services performed or the making of an impartial report. (8) A certification that, in the Appraiser's opinion, the fair market value of the property is an amount to be stated as of the date of valuation . (9) The signature of the Appraiser. (b) The name and address of the owner of the property and the name and the address, if known, of any other party known or believed to hold a separate compensable interest in the property. (c) The street address and an accurate description of each parcel and all interests in the parcel appraised. The property description shall identify all conditions, restrictions, easements, servitudes, and reservations affecting the title. The property description shall specifically exclude and describe any separately held interest in the property that is to be acquired separately or as part of another parcel. The description shall also specifically exclude all separately held interests which are not to be acquired and will not be affected adversely by the Agency's project. If there are any separately held interests in a parcel, which are to be acquired with other interests in the same parcel, such as leaseholds, tenant -owned improvements, life estates, easements, and water, gas, oil, or mineral rights, a description of each such separate interest and the name of its owner shall be furnished. (d) Off - record title information concerning interests or instruments that affect title, but are not of record, such as leases, options to renew a lease, contracts of sale, and other interests or rights of parties in possession. Such information shall be reported, and if available facts are sufficient, the Appraiser's report shall be based on such additional title information and so noted in the appraisal report. Otherwise, the Appraiser shall refer the matter to the Agency and defer completion of the appraisal until the question is resolved. (e) Basic property data including pertinent information with respect to such matters as (1) the environment and location of the property, (2) the zoning and any restrictive covenants, conditions, or servitudes affecting the available use or occupancy of the land, (3) the assessed value of the real property and the current annual real estate tax burden, (4) the use and occupancy of the property at time of appraisal, (5) the public improvements, services, and utilities serving and providing access to the property, (6) the character, topography, dimensions, and area of the land, (7) the freedom of the property from special hazards, (8) the current rental and rental history of the property, if rented, (9) the estimated annual costs of ownership and for operation and maintenance of the property, and (10) a description of the buildings, structures, and other improvements, if any, including relevant information as to type of improvement, designed use, construction materials and finish, equipment, dimensions, floor area, age, condition, space or room arrangement, functional utility, and any other characteristics or attributes of the improvements germane to the value of the real property. The appraisal report shall contain a general sketch plat showing the shape and dimensions of the land, the location of the principal improvements on the land, the location of any easements in the land, and the abutting streets, alleys, or other public rights of way. The report shall also include such photographs, each clearly identified, as may be appropriate. (f) Report of any condition or occupancy of the property in violation of law that may affect the value of the property. (g) The Appraiser's opinion as to the highest and best use for the property. The appraisal report shall also include the Appraiser's opinions as to any other use(s) for which the property is reasonably suitable or adaptable. If the property is unused vacant land or the highest and best use is not self - evident or is found to differ significantly from the present use, the appraisal report shall contain the analyses by which the Appraiser reached the conclusions as to the highest and best use of the property and as to its suitability or adaptability for any other use(s). The analysis of a potential use shall include consideration of relevant matters, such as the suitability of the location, the environment and the legal and physical attributes of the property for such use, the estimated cost, if any, of converting the property to such use, and the supply, sale price levels, and relative desirability of other properties that would compete for the same kind of use. The analysis of the property for the future use or uses found to be the highest and best use is part of the process of appraising the property and, therefore, may be included in the valuation analysis furnished in accordance with Paragraph 4(h) below. (h) The opinion of the Appraiser as to the fair market value of the property. The appraisal report shall contain a description of the reasoning process used by the Appraiser in reaching the conclusion as to value and all data and analyses needed to explain and support the valuation. The supporting data and analyses furnished in the appraisal report shall include the following: (1) An analysis of the property, from the point of view of evaluating the effect of its characteristics and attributes on its value for the available use or uses for which the property is best suited. Particular attention shall be given to the characteristics of the property most relevant to its value, such as, in the case of an investment property, the income potential and the expenses of ownership, maintenance, and operation. (2) An identification of the most recent sale of each property appraised and any other sales of such property during the last five (5) years preceding the appraisal. Such sale(s) of the property appraised and all recent sales of comparable properties considered by the Appraiser in forming the opinion(s) of fair market value shall be verified insofar as practical. The information furnished with respect to each such sale shall include, among other pertinent facts, the names of the grantor and grantee, the date of the sale, the sale price, any special terms or conditions or circumstances of the sale that affected the transaction, and a description of the property and its condition at time of sale in sufficient detail for use in making the appraisal. (3) The analyses that constitute the principal basis for the Appraiser's opinion of the fair market value. The appraisal report shall contain the Appraiser's evaluation with respect to previous sales of the property appraised and any recent offer of the owner to sell the property. The appraisal report shall also contain the Appraiser's analysis of each comparable property and its sale in relation to the property appraised. The Appraiser's analysis shall reflect appropriate allowances for the difference in the time of the sale of the comparable properties and the date of appraisal and the differences in the utility, desirability, and productivity of the properties that are pertinent to their relative value. The appraisal report shall contain a valuation data map showing the location of the property appraised and the comparable properties referred to in the appraisal report. (4) All other information, analyses, and estimates considered by the appraiser to be relevant to the estimation of the fair market value of the property. (5) If the property appraised is part of a larger parcel in the same ownership or is less than the entire interest of the owner in the property, the appraisal report shall contain the Appraiser's opinion of just compensation for a taking of such property or interest, using the before - and -after method of valuation as interpreted under State law unless it is obvious that there would be no damages or benefits to the remaining property or interest of the owner. However, if the part or interest to be taken is such a small part of the whole property that the damages for the taking can be more accurately estimated directly, that method may be used if permitted under State law, without estimating the fair market value of the entire property of the owner. The foregoing opinions of the Appraiser shall be supported in the report by the data and analyses by which the Appraiser reached his /her conclusions. For information purposes, the appraisal report shall also contain the Appraiser's estimates of the fair market value of the to -be- acquired part or interest as part of the whole property and the net damages or benefits to the remaining property of the owner. If in the opinion of the Appraiser, acquisition of the part of, or interest in, the property proposed for acquisition would leave the owner with an uneconomic remnant, the Appraiser shall furnish a separate estimate of the fair market value of a "parcel" comprising both the parcel proposed for acquisition and the uneconomic remnant. (A remainder parcel or interest shall be considered to be an uneconomic remnant if by itself it has little or no utility or value to the owner. (6) Such maps, plans, photographs, or other exhibits as are necessary to explain or illustrate the analyses of the Appraiser. ( The Appraiser's evaluation of the indications of value deduced from the separate analyses of the various evidences of value and an explanation of how the Appraiser reached his /her final conclusion as to the fair market value of the property. (i) The opinion of the Appraiser as to the fair market value of the land, as if vacant. The valuation shall be for the same interest in the land as is to be acquired in the real property. The report shall contain information with respect to the available use or uses for which the land would be suitable if vacant, the opinion of the Appraiser as to its highest and best use, and the Appraiser's analysis of the evidences of value and of the use potential by which the Appraiser reached his /her conclusions as to the highest and best use of the land and the land value. (j) A property analysis if the property is a commercial, industrial, institutional, governmental, or farm property that involves substantial quantities and kinds of fixtures such as machinery and equipment. Any building, structure, fixture, or other improvement, which would be real property if owned by the owner of the land, shall be considered to be real property (even if the improvement is the property of a tenant who has the right to remove it or the obligation to remove it at the expiration of the lease term). The property analysis must be approved by the Agency before the appraisal is completed and, as approved by the Agency, shall be included as an exhibit in the Appraiser's report. The property analysis shall list, identify, and classify as to ownership and type of improvement, all items of physical property considered to be part of the real property. The property analysis shall also identify tangible personal property located on the premises to the extent reasonably necessary to prevent misunderstandings as to what is regarded as being real or personal property. Buildings, structures, fixtures and other improvements, including their accessories and spare parts, shall be identified and classified as to ownership and type of property as follows: (1) Ownership. (i) Owner of the land. (ii) Each tenant in occupancy. (iii) Each non - occupant owner of any fixtures or other improvements, or personal property on the premises. (2) Type of property. (i) Building, structure, or fixed improvement. (ii) Building equipment, removable. (iii) Fixtures, classified as to whether economically removable for reuse, removable for salvage only, or irremovable. (iv) Personal property, identified as to types and approximate amounts, or otherwise, as needed to prevent misunderstandings as to the classification of any item. (v) If any building, structure, fixture or other improvement is not to be acquired, will not be adversely affected by the Agency's project, and will not be required by the Agency to be removed, such as a pipeline in an easement not to be acquired, such improvement shall be identified as excluded from the appraisal. (k) If machinery and equipment or other fixtures used in a trade or business, farm operation, or institutional or governmental function constitute part of the real property, the appraisal report shall contain a separate schedule which provides separate estimates for each such item, as prescribed below. If there is more than one owner of such items, a separate schedule shall be furnished for each owner. The information and conclusions to be furnished on each item are as follows: (1) Description of the item, including, as appropriate, the manufacturer, model and serial number, size or capacity, age and condition, and degree of obsolescence. Accessories and spare parts, special foundations, and power wiring and process piping generally shall be listed separately, following the listing of the item(s) to which they apply. (2) Estimate of the replacement cost installed of the item as listed and identified (excluding any elements listed separately). Separately identify the basis of estimated replacement cost (new or used). (3) The contributive (enhancement) value of the item to the fair market value of the real property as a whole. Estimated fair market value of the item for removal from the property at a purchaser's expense. Such value shall be considered to be the probable selling price if the item were offered for sale for removal from the property at the purchaser's expense, allowing a reasonable time to find a purchaser buying with knowledge of the uses and purposes for which it is adaptable and capable of being used, including salvage for serviceable components and scrap when it appears that will provide the highest value. The schedule(s) of estimates shall be consistent with the property analysis approved by the Agency, as provided in Paragraph 4(j). The Appraiser is permitted to use the services of such technical specialists as may be needed to enable the Appraiser to provide valid estimates and sound valuations. The schedule(s) shall be supported by an explanation of the procedures followed in gathering the necessary market information and technical data. The principal purpose of the Appraiser's accompanying narrative, however, must be to explain his analyses and his evaluations of the dollar amount of the overall contribution of the machinery, equipment, and fixtures to the fair market value of the real property as a whole. The report shall contain any layout plans, sketches, or photographs that are reasonably necessary for locating or identifying the facilities or illustrating the Appraiser's analyses. (1) If there are separately held interests in the real property to be acquired, such as easements, leaseholds, air rights, life estates, and oil, gas, or mineral rights, the property is to be valued on an undivided fee basis as applied in the State and not as a "sum of the interests" approach. The undivided fee basis as applied in the State does not ignore the value, which an encumbrance may add to or subtract from the reasonable fair market value of the property as a whole. Conversely, the rule contemplates that where the contract rental adds to the fair market value of the property, evidence of the rental is relevant in determining the value of the property. Where the contract rental is less than the fair rental, the fair rental and not the contract rental is the relevant evidence on the issue of value. ARTICLE 5. Services To Be Provided by Agency. The Agency agrees to furnish the Appraiser the following: (a) One or more Task Orders sufficiently identifying the parcel or parcels of property to be appraised based upon information made available to Agency. (b) An ownership data report for each parcel. That report will show all estates and interests in the parcel as shown of record and consequently shall not be assumed to accurately define the interests to be appraised. (c) Legal advice, upon request of the Appraiser, on legal matters affecting the appraisal of any property to be appraised. ARTICLE 6. Payment. In consideration of the services provided by the Appraiser under this Agreement, the agency agrees to make payments to the Appraiser upon the submission to the Agency of properly certified invoices, as follows: (a) For appraisal reports accepted by the Agency, and for all other services furnished in accordance with Article 3, except services furnished in connection with judicial proceedings under Paragraph 3(b), the updating of appraisals under Paragraph 3(c), and the valuation of reservations of rights in owners under Paragraph 3(d), a fee computed in accordance with the Fee Schedule submitted by Appraiser in response to the REP: unless, however, a different Fee Schedule has been negotiated with Appraiser and is attached hereto, in which case the fee shall be determined in accordance with the attached Fee Schedule, Exhibit A, which shall constitute full payment to the Appraiser for all of such services and for all supplies, materials, and equipment used or furnished by the Appraiser and all expenses incurred by the Appraiser in connection with the performance of such services. (b) For services furnished by the Appraiser in connection with judicial proceedings as provided in Paragraph 3(b) (except services as an expert witness in such a proceeding), the updating of appraisals as provided in Paragraph 3(c), and the valuation of reservations of rights in owners as provided in Paragraph 3(d), two- hundred dollars per hour or fraction of an hour actually engaged in performing the services, including travel time. All expenses of the Appraiser, including travel expense and subsistence, shall be borne by the Appraiser. (c) For services as an expert witness for the Agency in judicial proceedings as provided in Paragraph 3(b), the Appraiser and the Agency hereby agree that the fair and reasonable compensation for the Appraiser's services shall be $200 per hour for each day's attendance in court. (d) No Multi- Fiscal Year Obligation on City. This Agreement is expressly made subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor deemed to constitute, the creation of a debt or multi -year fiscal obligation or an obligation of future appropriations by the City Council of Pueblo, contrary to Article X, § 20 Colorado Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any other provision of this Agreement, with respect to any financial obligation of the City which may arise under this Agreement in any fiscal year after 2013, in the event the budget or other means of appropriations for any such year fails to provide funds in sufficient amounts to discharge such obligation, such failure shall not constitute a default or breach of this Agreement, including any sub - agreement, attachment, schedule, or exhibit thereto, by the City. ARTICLE 7. Agreements of Appraiser. As an inducement to the execution of this Agreement by the Agency and in consideration of the agreements to be performed by the Agency, the Appraiser agrees that: (a) Qualifications. The Appraiser is qualified to perform the services to be furnished under this Agreement and is permitted by law to perform such services, and all personnel engaged in the work shall be qualified and so permitted to do the work they perform. Attached as Exhibit B, is a statement by the Appraiser, certified by the Appraiser to be true and correct, setting forth the Appraiser's technical qualifications, general appraisal experience, specific experience in appraising properties of the type involved in this Agreement, the courts in which he or she has testified as an expert witness, and other information pertinent to establishing his or her technical qualifications. (b) Solicitation of Agreement. The Appraiser has not employed any person to solicit this Agreement and has not made and will not make any payment or any agreement for the payment of any commission, percentage, brokerage, contingent fee, or other compensation in connection with the procurement of this Agreement. (c) Interest of Appraiser and Appraiser's Employees. The Appraiser does not have any interest (including that of real estate agent or broker), direct or indirect, present or prospective, in any property described in Article 1 or in its sale, or any other interest, whether or not in connection with the property, which would conflict in any manner or degree with the performance of the services and the submission of impartial reports, and has not employed and will not employ, in connection with the services to be furnished under this Agreement, any person having any such interest. Until the property is acquired by the Agency or excluded from its project by resolution of its governing body, the Appraiser and any employees of the Appraiser, so long as they are employed by the Appraiser, will not acquire any such interests and will not, for their own account or for other than the Agency, negotiate for any of the property, perform services in connection with the property, or testify voluntarily as a witness in a condemnation or other proceeding with respect to the property. (d) Services To Be Confidential. All services, including reports, opinions, and information, to be furnished under this Agreement are confidential and shall not be divulged, in whole or in part, to any person, other than to duly authorized representatives of the Agency, without prior written approval of the Agency, except by testimony under oath in a judicial proceeding or as otherwise required by law. The Appraiser shall take all necessary steps to ensure that no member of the Appraiser's staff or organization divulges any such information except as may be required by law. (e) Facilities and Personnel. The Appraiser has and will continue to have proper facilities and personnel to perform the services and work agreed to be performed. If the Appraiser proposes to employ any person or persons to make any appraisals of machinery and equipment or other specialized elements or attributes of a property appraised under this Agreement, the employment of such person or persons for such purpose shall not place the Agency under any obligation to such employee, nor relieve the Appraiser of full responsibility for the faithful performance of the services to be furnished under this Agreement. (f) Equal Employment Opportunity. During the performance of this Agreement: (1) The Appraiser will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Appraiser will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Appraiser agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (2) The Appraiser will, in all solicitations or advertisements for employees placed by or on behalf of the Appraiser, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (g) Assignment. The Appraiser's rights, obligations, and duties under this Agreement shall not be assigned in whole or in part, but this shall not prohibit the assignment of the proceeds due under this Agreement to a bank or financial institution. This Agreement may be assigned by the Agency to any corporation, agency, or instrumentality having authority to accept the assignment. (h) Subcontracting. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the Agency. (i) Records. The Appraiser shall maintain records of all details with respect to the services to be performed under this Agreement, including one complete copy of each appraisal report and related notes, for three (3) years after delivering the report or until the property is acquired by the Agency or the acquisition is abandoned, whichever is later. (j) Affidavits of Compliance. The Appraiser will, if requested by the Agency, furnish the Agency affidavits certifying compliance with the provisions of this Article 7. ARTICLE 8. Changes. The Agency, by written notice to the Appraiser, may modify the scope or quantity of services to be furnished under this Agreement. If such changes cause a substantial increase or decrease in the amount of services to be provided by the Appraiser or in the time required for their performance so as to amount to a cardinal change in this Agreement, equitable adjustment may be made in the provisions of this Agreement for payments to the Appraiser or for the time for performance of the services or for both, and this Agreement shall be modified by agreement of the parties accordingly. ARTICLE 9. Termination of Agreement for Cause. If, through any cause, the Appraiser shall fail to fulfill in a timely and proper manner his or her obligations under this Agreement, or if the Appraiser shall violate any of the provisions of this Agreement, the Agency may upon written notice to the Appraiser terminate the right of the Appraiser to proceed under this Agreement or with such part or parts of the Agreement as to which there has been default, and may hold the Appraiser liable for any damages caused to the Agency by reason of such default and termination. In the event of such termination, any completed reports prepared by the Appraiser under this Agreement shall, at the option of the Agency, become its property and the Appraiser shall be entitled to receive equitable compensation for any work completed to the satisfaction of the Agency. The Appraiser, however, shall not thereby be relieved of liability to the Agency for damages sustained by the Agency by reason of any breach of the Agreement by the Appraiser, and the Agency may withhold any payments from the Appraiser for the purpose of setoff until such time as the amount of damages due the Agency from the Appraiser is determined. The Appraiser shall not be held liable for damages under this Article solely for reasons of delay if the delay is due to causes beyond his or her control and without his or her fault or negligence, but this shall not prevent the Agency from terminating this Agreement because of such delay. ARTICLE 10. Interest of Members of Agency. No member of the Agency shall participate in any decision relative to this Agreement affecting, directly, or indirectly, his or her personal interests. No such member and no other officer, agent or employee of the Agency having any responsibility or function in connection with this Agreement shall have any private interest, direct or indirect, in this Agreement or the proceeds of this Agreement. ARTICLE 11. Officials Not To Benefit. No Member of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. ARTICLE 12. Notices. Any action by the Agency under this Agreement may be taken by Ada Clark, Director of the Department of Housing and Citizen Services, or such other person(s) as the Agency may, by written notice to the Appraiser, designate for such purpose. All notices to the Appraiser shall be considered to be properly given if mailed to I.J. Hill Appraisal Services, at 616 West 1 l Street, Pueblo, Colorado 81003, or delivered personally to the Appraiser. All notices or other papers given to the Agency shall be considered to be sufficiently given if mailed, postage prepaid to Ada Clark, at City of Pueblo, Department of Housing and Citizen Services, 2631 E. 4 St., Pueblo, CO,. 81001or to such other representative or address as the Agency may designate to the Appraiser in writing. ARTICLE 13. PERA Liability. The Appraiser shall reimburse the Agency for the full amount of any employer contribution required to be paid by the Agency to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the Agency under this Agreement. The Appraiser shall fill out the questionnaire attached as Exhibit "C" and submit the completed form to Agency as part of the signed Agreement. ARTICLE 14. State - Imposed Mandates Prohibiting Illegal Aliens from Performing Work Under this Contract. (a) At or prior to the time for execution of this Agreement (referred to as "Contract" in Articles 14 and 15), the Appraiser (which is referred to as "Contractor" in Articles 14 and 15) shall submit to the Purchasing Agent of the Agency (referred to as "City" in Articles 14 and 15) its certification that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in either the AE- Verify Program" created in Public Law 208, 104 Congress, as amended and expanded in Public law 156, 108 Congress, as amended, that is administered by the United States Department of Homeland Security or the "Department Program" established pursuant to section 8- 17.5- 102(5)(c), C.R.S. that is administered by the Colorado Department of Labor and Employment in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Contract. (b) Contractor shall not: (I) Knowingly employ or contract with an illegal alien to perform work under this Contract; (11) Enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. (c) The following state - imposed requirements apply to this Contract: (I) The Contractor shall have confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in either the E- Verify Program or Department Program. (II) The Contractor is prohibited from using either the E- Verify Program or Department Program procedures to undertake pre- employment screening of job applicants while this Contract is being performed. (111) If the Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien to perform work under this Contract, the Contractor shall be required to: A. Notify the subcontractor and the Purchasing Agent of the City within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and B. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if, during such three (3) days, the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (IV) The Contractor is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as CDLE) made in the course of an investigation that CDLE is undertaking pursuant to its authority under section 8- 17.5- 102(5), C.R.S. (d) Violation of this Section by the Contractor shall constitute a breach of contract and grounds for termination. In the event of such termination, the Contractor shall be liable for Citys actual and consequential damages. (e) Nothing in this Section shall be construed as requiring the Contractor to violate any terms • of participation in the E- Verify Program. ARTICLE 15. Insurance and Indemnity. (a) Appraiser agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because of personal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Appraiser shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. The Workers' Compensation Insurance policy shall contain an endorsement waiving subrogation against the Agency. (ii) Commercial General Liability Insurance issued to and covering the liability of Appraiser with respect to all work performed by Consultant and its subcontractors and subconsultants under this Agreement, to be written on a Commercial General Liability policy form CG 00 01, with coverage limits of not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. This CGL policy shall be endorsed naming the Agency, its officers, agents and employees as additional insureds. This CGL policy shall also provide coverage for contractual liability assumed by Appraiser under the provisions of this Agreement. (iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a deductible of not more than $5,000.00. (iv) Comprehensive Automobile Liability Insurance effective during the period of the Agreement, and for such additional time as work on the Project is being performed, written with limits of liability for injury to one person in any single occurrence of not less that $150,000 and for any injury to two or more persons in any single occurrence of not less than $600,000. This insurance shall include uninsured /underinsured motorist coverage and shall protect the Appraiser from any and all claims arising from the use both on and off the Project site of motor vehicles, including any automobiles, trucks, tractors, backhoes and similar equipment whether owned, leased, hired or used by Appraiser. (c) Appraiser agrees to hold harmless, defend and indemnify Agency from and against any liability to third parties, arising out of negligent acts or omissions of Appraiser, its employees, subcontractors and consultants. ARTICLE 16. Federal Requirements. The services to be provided under this Agreement are required for compliance with the Acts, and Appraiser shall provide its services and work product in accordance with the standards and requirements set forth in 49 CFR § 24.2 and 49 CFR § 24.103. IN WITNESS WHEREOF, the Agency and the Appraiser have executed this Agreement on or as of the date first above written. CITY OF PU • • • • • CI 'AL CORPORA'. ION By. �� Press . ent o e City Council ATTEST: APPROVED AS TO FORM: City erk City Attorney Appraiser: IJHiII Appraisal -rvices By: Name: / 3 , k IL L, Title: / '/i,(6 /D 1 EXHIBIT A Fee Schedule • Single family residential unit reported in form format $400.00 • Two to four unit residential unit reported in form format $550.00 • Vacant city lots $300.00 • Five and above residential unit reported in form format Negotiation • Commercial properties reported in narrative style Negotiation • Vacant land reported in narrative style Negotiation • Litigation Services provided through this contract $200.00 per hour, mileage and travel at federal rate. Larger assignments are on a time basis determined by the complexity of the project. Commercial appraisal fees range between $1,500.00 for simple assignments to $5,000.00 for highly complex properties. A recent completed assignment for any client that will provide relevant information for your appraisal, the reduction in time for research and desk work will translate into a decrease of the fee for the appraisal. EXHIBIT B Statement of Qualifications Proposer: Ivor J. Hill, President/Owner I.J. Hill Appraisal Services. 616 West 1lth Street Pueblo, CO 81003 Office: 719 -545 -0893 FAX : 877 - 249 -9325 Email: IJH @IJHill.com. Qualified appraiser since 1999 Appraisers: Ivor J. Hill, President /Owner, I.J. Hill Appraisal Services.. 616 West 1 lth Street Pueblo, CO 81003 (719)545 -0893. Education: Sheffield Hallam University Sheffield, United Kingdom Postgraduate Degree Property Valuation and Management (Pgd) including relevant course work in Statistics, Real Estate Valuation, International Appraising, Property Management, Finance, and Computer Science. University ofNorthumbria at Newcastle Newcastle, United Kingdom, Bachelor of Arts Degree, Business Studies- BA (Honours). In addition, several hundred hours of appraisal specific courses and continuing education. Current with all federal and state continuing education requirements including USPAP. Years of experience: Thirteen years Professional Qualifications: State of Colorado Certified General Appraiser #40024908, Fellow ofthe Royal Institution of Chartered Surveyors, Appraisal Institute designated SRAmember. Availability: Immediate. Michael D. Martinez, Appraiser I.J. Hill Appraisal Services.. 616 West 11th Street, Pueblo, CO 81003 (719)545 -0893. Education: Pueblo Community College, General Business Studies. In addition numerous of hours of appraisal specific courses and continuing education. Current with all federal and state continuing education requirements including USPAP. Years of experience: Seven years Professional Qualifications: Licensed Appraiser -State of Colorado #100006778 Availability: Immediate Project Team Experience: Ivor J. Hill Ivor J. Hill has been a Certified General Appraiser in the State of Colorado since November 13, 2001. He has experience in all aspects of the appraisal industry and is also an active advocate for fair and ethical appraisal practices, working with real estate and law enforcement professionals to promote industry ideals that will benefit both the industry and consumers. He has organized seminars for the awareness of mortgage fraud that have been attended by over 2,000 professionals from across the nation. Ivor has been an expert panelist dealing with valuation and appraisal issues in an era of predatory lending at the National Community Reinvestment Coalition's Annual Conferences in Washington DC. In 2007, Ivor was awarded the honor of designation of Fellow of the Royal Institution of Chartered Surveyors (RICS). RICS members currently appraise in over 120 countries worldwide. Ivor has been appraising internationally for over seventeen years and has been in the United States for the past thirteen. He also has extensive experience in surveying, marketing, and business management. Ivor is an FHA approved appraiser and holds the SRA designation from the Appraisal Institute. Michael D. Martinez Michael joined I.J. Hill Appraisal Services in 2007 and has been appraising since 2006. Mike has extensive experience in all aspects of residential appraising including single - family, multi - family, proposed construction and vacant land appraisals. He is currently completing his college degree and upon completion will become a Certified Residential Appraiser. Previous to appraising he was a deputy for the Pueblo County Sheriffs Department and a firefighter /EMT for the Pueblo Rural Fire Department. Jennie D. Hill Jennie is most often the first point of contact for clients. She registers new assignments, prepares files for the appraisers, assists with appraisals, maintains contact with clients and closes out and invoices jobs upon completion. She has the ability to liaison between the client and appraisers at all times. In addition, she keeps abreast of market trends and researches and writes area demographics. Jennie holds a BA in English, Suma Cum Laude and a Minor in Professional Writing . Similar and Recent Projects: City of Pueblo: We have completed approximately 80 appraisals for the City of Pueblo ranging from vacant lots to complex properties. These appraisals were done for the Neighborhood Stabilization Program and commercial projects. Reference: Scott Hobson, Assistant City Manager, 719 -553 -2244 Ada Clark, Director of Housing and Citizen Services, 719 -553 -2845 Pueblo Urban Renewal Authority: We have worked for this Authority in the capacity of providing appraisal services for asset valuation /possible purchase negation in the recent past. Reference:John Batey, Director, 719 -542 -2577 Legacy Bank: We have performed several hundred appraisals for Legacy, primarily in the Pueblo area, for lending and pre and post foreclosure purposes. Reference: James Parmelee, Vice President Loan Management, 719 -562 -1 800 I.J. Hill Appraisal Services has completed approximately 3,300 appraisals since late 2003. An estimated two- thirds of these appraisals were conducted in the Pueblo area. The scope of these assignments ranges from single family residential properties to apartment complexes containing over 130 units to multi - million dollar commercial properties. Ivor J. Hill 1 EXHIBIT C COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24- 51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an indepen_decontrac -tor, a PERA Retiree who will perform any services for the City of Pueblo? Yes , No ''✓✓ . (b) If you answered yes to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, oi6. business or company owned or operated by a PERA Retiree or an affiliated party? Yes , No . If you answered yes please state which of the above entities best describes your business: (c) If you answered yes to both (a) and (b) please provide the name, address and social security number of each such PERA Retiree. Name Name Address Address Social Security Number Social Security Number (If more than two, please attach a supplemental list) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered yes to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Signed , 20 By: Name: 7 Pit_ - . /� Title: "FLb/J i d'J • For purposes of responding to question (b) above, an affiliated party includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. Page 19 of 19 I I -