HomeMy WebLinkAboutGOLD COAST APPRAISALS , INC. 4-2006
, 'NSURANCE NOT ON FILE N-2006-0S I
WORK MAY tm pROCEED
CLERK OF COUNCIL CONSULT ANT AGREEMENT BETWEEN THE
DATE: 7.,0.0- CITY OF SANTA ANA AND GOLD COAST APPRAISALS, INC.
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THIS AGREEMENT, made and entered into this 1st day of July 2006, by and between
Gold Coast Appraisals, Inc. (hcreinafter "Consultant"), and the City of Santa Ana, a charter city
and municipal corporation duly organized and existing under thc Constitution and law, orthe
statc of California (hereinalier "City").
RECITALS
A. The City desires to retain a eon,ullant having special skill and knowledge in the field of
real property acquisitiun and appraisal services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. In undertaking the perlonnance ofthis Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a profcssional consulting firm in the field.
NOW THEREFORE, in consideration orthe mutual and respective promises, and subject to the
tenns and condition, hereinalter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform real property consulting and appraisal services at the costs set
forth in Exhihit A to this Agreement.
2. COMPENSATION
a. City agrccs to pay, and Consultant agrees to accept a' total payment for its services,
thc rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement, shall not exceed $10,000.00 dllling the term ofthis Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standard, of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date fi"t written above and tenninate on June 30,
2007, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Executive Dircctor of the
Community Development Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire ten11 of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employcc relationship, a joint ventIlfe relation,hip, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs thc scrvices which are the subject malter orthis Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such serviccs. Consultant shall pay all salarics and
wages, emploYl::r's social security taxes, unemployment insurance and similar taxes relating to
employecs and shall bc responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking perfomlance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insnrance. Consultant shall maintain commercial
general liability insuranee naming the City, its officers, agents, volunteers, and employees as
addrtional insured(s) and shall include, but not be limited to protection against claims arising
from bodily and personal injury, including dcath rcsulting therefrom and damage to property,
resulting from any act or occurrence arising out of Cons nit ant's operations in the performance of
this Agreement, including, without limitation, acts involving vehicle,. The amonnts of insuranee
shall be not less than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount 01'$1,000,000 per
occurrence. Consultant shall supply the City with a fully executcd additional insurcd
endorsement in substantially the form attached hcreto as Exhibit B upon execution of this
Agreement and shall he approved in form hy the City Attorney.
b. Business automobile liability insurance, or equivalent 1'01111, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non-owned automobilcs.
c. Worker's Compensation Insurance. In accordance with the provisions orSeetion 3300
of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against
liability for worker's compensation or to undertake self-insurance. Prior to commencing the
performance of the work under this Agreement, Consultant agrees to obtain and maintain any
employer's liability insurancc with limits not less than $1,000,000 per accident
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Prol'essionalliability (errors and omissions) insurance, with a combined single limit of not less
than $1,000,000 per claim.
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e. The following requirements apply to the insurancc to be provided by Consultant
pursuant to tbis section:
(i) Consultant shall maintain all insurance required above in full forcc and
effect for the entire period covered by this Agreement.
(ii) Certificate, or insurance shall be furnished to the City upon exccution of
this Agreement and shall be approved in form by the City I,egal CounseL
(iii) Certificates and policies shall stare that the policies shall not be canceled
or reduced in covcrage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
f IfConsultanL rails or reruses to produce or maintain the insurance requircd by this
,eclion or lails or refuses to fumish the City with requircd proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agrcemcnt. Such termination shall not effeet Consultant', right to be paid for its
time and materials expended prior to notilication oftermination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance.
6. INDEMNIFICATION
Consultant agrees to and ,hall indemniry and hold hal1uless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability: (I) for personal
injnry, damages, just compensation, restitution, judicial or equitablc rclicf arising out of claims
for personal injury, including hcalth, and claims for property damage, which may arise from the
direct or indircct operations of the Consultant or its contractors, snbcontractors, agent"
employees, or other persons acting on their behalf which relates to the serviees described in
section I oflhi, Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or eqnitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmlcss agrecmcnt applies to all claims
for damagcs, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have heen suffered, by reason of the events referred lo in thi, Section or by reason ol'the terms
of, or errects, ari,ing Ii-om this Agreement. The Consultant fllliher agrees to indemnify, hold
harmless, and pay all costs for the defense ofthe City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agrccment, or asscrting that personal injury, damages,jnst compensation, restitution,
judicial or equitable relief due to personal or property rights arises by rea,on of the terrns ot or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
repre'entatlOn in any legal proceeding.
7. CONFIDENTIALITY
If Consultant receives from the City inlorrnation which due to the nature of such
in[ormation IS reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the pcrformance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
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like importance, but in no event less than reasonable care. "Confidential Inlormation" shall
include all nonpublic information. Confidential information includes not only written
inlormation, but also information transferred orally, vi,ually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covcred by this Agreement. The foregoing obligations ofnon-usc and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available source,; (b) is,
tbrough no fault orthe Consultant disclosed in a publicly available source; (c) i, in rightful
possc"ion ofthe Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently nas no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement
9. NOTICE
Any noticc, tender, demand, delivery, or other communication pursuant to this
Agreement shall he in writing and shall be deemed to be properly given if delivered in person or
mailed by first cIa" or certified mail, postage prepaid, or sent by telefacsimile or othcr
telegraphic communication in the manner provided in this Section, to thc following persons:
To City:
Clerk ofthe Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O Box \988
Santa Ana, California 92702
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
'l'elefacsimile (714) 647-6515
To Consultant:
Gold Coa,t Appraisals, Inc.
11506 E. Telegraph Road, Ste. 2 t4
Santa Fe Springs, CA 90670
Tclcfacsimilc (562) 65\-1068
Attn: Deloris Waldron
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A party may changc its address hy giving notice in writing to the other party. Thereafter,
any notice, tendcr, dcmand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any nol1ce, tender, demand, delivery, or other
communication shall be erfective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registcred or certified, with postage prepaid, and
addressed as set forth above. If sent by tclefacsimile, any notice, tender, demand, delivery, or
othcr communication shall be effective or deemed to have been given twenty-four (24) hours
after the time sct forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of caleulal1ng these time frames, wcekcnds, fcderal,
state, County or City holidays shall be excluded.
lU. EXCLUSIVITY AND AMENDMENT
This Agreement repre'ents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
thc event of a conflict between the terms of this Agreemcnt and any attachments hereto, the
terms of this Agreement shan prcvaiL This Agreement may not be modified excepl by written
instrumcnt signed by the City and by an anthorized repre,entative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, that tenns and conditions hereof, shan not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made hy any party, or anyone acting on
bchalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to securc thc spccialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or ,ubconlract without
the City's prior written consent shan be considered null and void. Nothing in this Agreement
shall bc construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants rctaincd by City.
12, TERMINATION
This Agreement may be tenninated by the City upon thirty (30) days written notice of
tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services pcrformed by Consultant prior to receipt 0 f such notice of termination,
subject to the following conditions:
a. As a condition of slIch payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall bc
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made lor work which fails to meet the standard of performance
specilled in the Recitals ofthis Agreement
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13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the reeruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local law, and regulations.
14, JURISDICTION - VENUE
Thi, Agreement and all questions relating to its validity, interpretation, performance, and
enrorcement shall be government and constmcd in accordance with the laws of the State or
California. This Agrcemcnt has been executed and delivered in the State of Cali fomi a and the
validity, interpretation, performance, and enlorcement of any of the clauses of this Agreement
shall he determined and governed by the laws of the State ofCalifomia. Both partics further
agree that Orange County, Califomia, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreemcnt, maintain all necessary licenses,
pell11its, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by thc laws and regulations of the United States, the State ofCalitiJrnia,
the City of Santa Ana and all other govemmental ageneie,. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such pemlits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and wan'ants that its signature hereinbelow has thc power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damage, to
City in the event that such authority or power is not, in fact, held by the ,ignatory or is withdrawn.
h. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body ofthis Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
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Patrieia E. Healy
Clerk ofthe Council
a/JJ;;z~
David N. Ream
City Manager
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attomey
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By: Li,a E. Storck
Assistant City Attomey
RECOMMENDED FOR APPROVAL:
CONSULTANT
~~~ ~ach
By: Nancy T. wards, Acting
Title: Executive Director
Ilu~(/ /); /l;a
Gold Coast Appraisals, Inc.
Deloris Waldron, President
Tax ID#
7
GOLD COAST APPRAISALS, INC.
FEE SCHEDULE
as of January ~, 2006
Type of Appraisals
Single Family Resid.ential
SFR
SFR(Custom Homes)
2055 Drive~By
Land (R0sidential.. .M1l.l t.i-family and CommerCidl)
Form
Narrative
FEE RANGES
$375-$450
$500-$2,000
$275-$325
$650-$1000
$2,000-$3,500
$2.500-$10,000
$750-$2,000
$2,500-$5,000
5 units $1,800
6 units $1,800
8 units $1,900
12 units $2.000
15 units $2,250
20 units $2,500
5 units $1,800
6 units $1,.900
8 units $2.000
12 units $2,250
15 units $2,500
20 units $2.750
30 units $3,000
40 units $3,250
50 nnits $3.500
60 units $3.750
70 units $4,000
80 units $4,250
90 units $4,500
100 units $5,000
$2,500-$10,000
$250-$1,500
$1,500-$3,000
$150
$1,250-$5,000
$150
Multi-Fami1.y 2-4 Units
Commercial (Mixed Use. Sp;:ci.:<j] Pllrpose)
Form UeIAR
Narrative Report
Multi-Fami.ly (~.rtmellts i:Jnd multiple .unit bldgsJ
Form 71B Four Page Form
Foxm 71A Eight Page Porm
Narriltive
Reviews
Form
Narrative
Rental Studies (neighborhood studies to ReS)
Residential Rent Survey (Form 1007)
Rental Comparability Study(RCS)
Satisfactory Complotion Certificate(J004D/442)
EXHIBIT
.
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1'01
8901-IS9-29S
UO...lpI~r1 s~.Joli3'a
eS~:OI 90 ~I un,
EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
POR COMMERCIAL GENERAL UABlLITY POLICY
Insurance Company _
This endorsement modifies such insurance as is afforded by the provi,ions of Policy
II _ relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives arc named as additional insureds
("additional insureds") with regard to liability and defcnse of suits ari,ing from the operations
and uses perfonncd by or on behalf of the named insured.
2. With respect to claims arising out ofthe opcrations and uses perfornled by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried hy or for the benefit of the
addihonal insureds.
3. This insurance applies separately to each insured against whom claim is made Of
suit is hrought except with respcct to the company's limits of liability. The inclusion of any
person or organization as an insured shall not affect any right which such person Of organization
would have as a claimant ifnot so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
matcrially redneed iu coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92701.
(Completion ofthc following, including countersignature, is required to make this endorsement
cffecti ve.)
, this endorsement form as a part of
Effective
Policy #
Issued to
Named Insured
Counte"igued by
Authorized Representative
R