HomeMy WebLinkAboutContract 59921CSCO No. 59921
FORT WORTH®
NON-EXCLUSIVE REAL PROPERTY APPRAISAL SERVICES AGREEMENT
This NON-EXCLUSIVE REAL PROPERTY APPRAISAL SERVICES AGREEMENT
("Agreement") is made and entered into by anal between the CITY OF FORT WORTH ("City"), a Texas
home rule municipal corporation, acting by and through its duly authorized Assistant City Manager, and
Thomas Kyser ("Vendor"), an individual, each individually referred to as a "party" and collectively
referred to as the "parties."
1. Scope of Services. Appraisal Services ("Services"), which are set forth in more detail in
Exhibit "A," attached hereto and incorporated herein for all purposes.
2. Term and Renewals. This Agreement begins on the date of execution by the City's
Assistant City Manager ("Effective Date") and expires one year from that date ("Expiration Date"), unless
terminated earlier in accordance with this Agreement ("Initial Term"). This Agreement shall be renewed
automatically, under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a
"Renewal Term"), unless otherwise terminated in accordance with this Agreement prior to the beginning
of each Renewal Term or during the Initial Term.
3. Compensation.
3.1 City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit "B," which is attached hereto and incorporated herein for all purposes. The
aggregate amount of all contracts awarded to multiple vendors for the Services will not exceed One
Million and 00/100 Dollars ($1,100,000.00). The City makes no promise or guarantee of the
total amount of work that will be assigned to Vendor under this Agreement. Vendor will not
perform any additional services or bill for expenses incurred for City not specified by this
Agreement unless City requests and approves in writing the additional costs for such services. City
will not be liable for any additional expenses of Vendor not specified by this Agreement unless
City first approves such expenses in writing.
3.2 The City's Property Management Department - Real Estate Division shall issue a
written or emailed Engagement Letter establishing the locations and schedules for each service to
be completed by Vendor ("Engagement Letter"). Vendor shall perform the Services in accordance
with each Engagement Letter issued by the City's Property Management Department - Real Estate
Division. The City's Property Management Department - Real Estate Division may issue an
amended Engagement Letter to address any changes in the work to be performed after an
Engagement Letter has been issued. Except as otherwise specified in this Agreement, the fee
established in each Engagement Letter shall be based upon the fee schedule attached hereto as
Exhibit `B," — Price Schedule. Vendor shall not proceed with an appraisal assignment until
they are in receipt of a copy of the Engagement Letter signed by the City and Vendor.
Non -Exclusive Real Property Appraisal Services Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine-readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City will promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
j urisdiction.
5.4 Unauthorized Access. Vendor must store and maintain City information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Ri2ht to Audit. Vendor agrees that City will, until the expiration of three (3) years after
final payment under this Agreement, or the final conclusion of any audit commenced during the said three
Non -Exclusive Real Property Appraisal Services Agreement Page 2 of 14
years, have access to and the right to examine at reasonable times any directly pertinent books, documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on.
behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
8. Liability and Indemnification.
8.1 LL4BILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSIONS), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTOR,_
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
Non -Exclusive Real Property Appraisal Services Agreement Page 3 of 14
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non -infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
Non -Exclusive Real Property Appraisal Services Agreement Page 4 of 14
(b) Automobile Liability:
$1,000,000 - Each oceurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
$100,000 -
$100,000 -
$500,000 -
Employers' liability
Bodily Injury by accident; each accident/occurrence
Bodily injury by disease; each employee
Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions): ® Applicable N/A
$1,000,000 -
$1,000,000 -
Each Claim Limit
Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
10.2 General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best. Key Rating Guide, or have reasonably equivalent financial
Non -Exclusive Real Property Appraisal Services Agreement Page 5 of 14
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand -delivered to th.e other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or (3) received by the other party by United States Mail, registered, return receipt requested,
addressed as follows:
To CITY:
City of Fort Worth
Attn: Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Thomas Kyser
1412 Texas St.
Fort Worth, TX 76102
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
Non -Exclusive Real Property Appraisal Services Agreement
Page 6 of 14
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law / Venue. This Agreement will be construed in accordance withthe laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severabilitv. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force M.ajeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or Exhibits A, B, and C.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
Non -Exclusive Real Property Appraisal Services Agreement Page 7 of 14
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (1-9). Upon request by City, Vendor will provide City with copies of all 1-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
{whichever occurs first). Each copyrightable aspect of the Work Product will beconsidered a "work -made -
for -hire" within the meaning of the Copyright Act of I976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing,of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments_
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
Less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1) does
not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel"
Non -Exclusive Real Property Appraisal Services Agreement Page 8 of 14
and "company" has the meanings ascribed to those terms in Section 2271 of the Texas Government Code.
By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to
the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of
the Agreement.
30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in accordance
with Chapter 2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2,
the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or
more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-
time employees unless the contract contains a written verification from the company that it: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of the contract The
terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter
2274 of the Texas Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2. To the extent
that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement,
Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement.
31 _ Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, as added
by Acts 2021, 87th Leg., R.S., S.B. 19, § 1, the City is prohibited from entering into a contract for goods or
services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the
City with a company with 10 or more full-time employees unless the contract contains a written verification
from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association_ The terms "discriminate," "firearm entity"
and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas
Government Code, as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1. To the extent that Chapter 2274
of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that
Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will
not discriminate against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement
[signature page follows]
Non -Exclusive Real Property Appraisal Services Agreement Page 9 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
Z7aita, a 4z
By: Dana Burghdoff (Aug , 20234(g CDT)
Name: Dana Burghdoff
Title: Assistant City Manager
Date: Aug 14, 2023
APPROVAL RECOMMENDED:
By: ' v �'/Vv�- A 64i
Name: Ricardo Salazar
Title: Interim Property Management Director
ATTEST:
�„ct -
By: )
�I
Name: Jannette S. Goodall
Title: City Secretary
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract, including ensuring all performance and
reporting requirements.
By:
Name: Niels Brown
Title: Real Property Manager
APPROVED AS TO FORM AND LEGALITY:
By:
Name: Matthew A. Murray
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0480
M&C Approved: June 13, 2023
Form 1295: 2023-1023665
VENDOR:
Non -Exclusive Real Property Appraisal Services Agreement
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
SCOPE OF SERVICES
1. The City of Fort Worth is establishing this non-exclusive services agreement for professional appraisal
services on an as -needed basis. Appraisals under this Agreement must be prepared in accordance with
the reporting requirements set forth under Standard Rule 2-2(a) of Uniform Standards of Professional
Appraisal Practice (USPAP), and all local, state and federal requirements, except to the extent that the
"Uniform Appraisal Standards for Federal Land Acquisition requires invocation of USPAP's
Jurisdictional Exception Rule, as described in Section D-1 of the Uniform Appraisal Standards for
Federal Land Acquisitions." In addition, the appraisal reports must be prepared by a certified appraiser,
certified to practice as a certified general appraiser under Chapter 1103, Occupations Code, and
conform to the specific conditions contained herein.
2. The appraiser shall certify in each report that the appraisal is prepared in strict accordance with the
URA appraisal requirements.
3. ENGAGEMENT LETTER
3.1. The City's Property Management Department - Real Estate Division will contact Vendor to
request services and provide an engagement letter, in writing or via email ("Engagement Letter"),
and to provide copies of plats, surveys, legal descriptions, or other related documents.
3.2. Vendor shall not proceed with the appraisal assignment until they are in receipt of a copy of
the Engagement Letter signed by the City and Vendor.
4. CONFIDENTIALITY
4.1. The City of Fort Worth is the Vendor's confidential client. Vendor shall take all feasible
steps to ensure that Vendor's agents and organization divulge no information concerning
reports to any other persons other than the City of Fort Worth without written authorization
to do so.
4.2. All reports, whether partial or complete, prepared under this Agreement, including any original
drawings or documents, whether furnished by City, its officers, agents, employees, Appraiser, or
contractors, or prepared by Appraiser, shall be or become the property of the City, and shall be
furnished to the City, prior to or at the time such services are completed, or upon termination or
expiration of Agreement.
5. PURPOSE OF APPRAISAL
5.1. Vendor shall provide the following value estimate: Market Value "As -IS" unless instructed
otherwise.
6. EFFECTIVE DATE:
6.1. The date of valuation must be within (30) thirty days of the delivery, unless instructed otherwise.
7. SCOPE
7.1. The scope of the service must be included in the full appraisal process report.
7.2. Should Vendor find reporting requirements different than indicated in the provided Engagement
Letter, Vendor must contact the Property Management Department — Real Estate Division for
authorization to proceed. The appraisal is to be completed and presented as a self-contained and
stand-alone document.
7.3. Vendor's acceptance of appraisal assignmentswill confirm that the City of Fort Worth owns the
Non -Exclusive Real Property Appraisal Services Agreement Page 11 of 14
report(s), which Vendor provides, and the City of Fort Worth will be under no restrictions
regarding their redistribution to other interested parties of its choice.
8. REPORT REQUIREMENTS
8.1. Unless instructed otherwise, Vendor shall address appraisal reports as follows:
City of Fort Worth
Property Management Department — Real Estate Division
900 Monroe Street, Suite 400
Fort Worth, Texas 76102
8.2. Vendor must provide two (2) originals and (1) electronic copy of the appraisal report, which must
be submitted to the addressee no later than 30 to 60 calendar days from the engagement date,
together with a statement of services in the amount of fee price listed for each listed property for
a total amount not to exceed the total fee price shown in the Engagement Letter.
9. INOVICE REQUIREMENTS
9.1. Send invoices to PMD.Request(cr�,fortworthtexas.gov with a CARBON COPY sent to the Land
Agent who engaged Vendor for appraisal services.
9.2. Invoice should include your Federal Tax ID Number or Social Security Number and must contain
an invoice number in addition to the following information:
9.2.1.CFW Vendor No. (a.k.a. Supplier ID)
9.2.2. The CFW Business Unit No. FW021
9.2.3.The CFW Project Name
9.2.4. The Funding Identifier Number referenced in the Engagement Letter
9.3. PAYMENTS MAY BE DELAYED FOR INVOICES MISSING THE ABOVE INFORMATION.
10. RECORD RETENTION REQUIREMENTS
10.1. In an effort to comply with the Texas State Library and Archives Commission and the passing of
recent Senate Bill 18, the City of Fort Worth is required to retain appraisals for ten years. Starting
January 1st, 2012 appraisers will be required to electronically submit appraisals. This will assist
the City of Fort Worth in continuing to remain in compliance with record retention requirements.
10.2. The City of Fort Worth reserves the right to accept the appraisals and will not be responsible for
any expenses incurred by the assignment if wording or disclaimers are included limiting your
professional liability to the City of Fort Worth.
11. OTHER REQUIREMENTS
11.1. The appraiser is to be accompanied by the City -appointed relocation agent or consultant during
property inspections or interviews with the current property owners and/or tenants of the subject
properties when relocation to a new property is required by the City's project scope.
12. CONFLICT OF INTEREST
12.1. All members and/or appraisal subcontractors of your organization certify that they have no
personal, business or other relationship with the property's ownership, or have attached an
explanation disclosing the nature of such relationship(s).
12.2. Further, your acceptance of this assignment certifies you agree not to accept or pursue the
appraisal, or related assignments, of the subject property, or other assignments with the subject
property's ownership (excluding limited partners and other financial institutions), for a period
Non -Exclusive Real Property Appraisal Services Agreement Page 12 of 14
extending one year from the later of the date of this letter agreement, its delivery date, or the
conclusion of ongoing or pending litigation without prior written consent of the City of Fort
Worth.
13. PENALTIES
13.1. A penalty of $100.00 per business day will be deducted from the fee for reports delivered after
the date stipulated in Engagement Letters. No penalties will be imposed for delays resulting
from circumstances beyond the appraiser's control; such circumstances judged for their validity
solely by the City's Property Management Department — Real Estate Division.
Non -Exclusive Real Property Appraisal Services Agreement Page 13 of 14
EXHIBIT B
PAYMENT SCHEDULE
The City will select a vendor on the basis of demonstrated competence and qualifications to perform the
services described in Exhibit "A." Once the most qualified vendors are selected, a fair and reasonable price
will be set. The professional fees under this contract may not exceed any maximum provided by law. As
applicable, compensation will be negotiated with the most highly qualified and experienced vendors. The
services will include the vendor's schedule of document preparation costs, as well as hourly rates. Upon
completion of the work, the selected vendor will provide electronic files, or other materials as requested by
the City in the Engagement Letter.
Payment shall be considered full compensation for all labor (including all benefits, overhead and markups),
materials, supplies and equipment necessary to complete the services.
Vendor shall provide invoices to City at time of submitting the appraisal report. Payments for services
rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch.
2251).
Acceptance of payment shall release City from all claims or liabilities under this Agreement for anything
related to, performed, or furnished in connection with the Services for which payment is made, including
any act or omission of City in connection with such Services.
Non -Exclusive Real Property Appraisal Services Agreement Page 14 of 14
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CITY COUNCIL AGENDA
Create New From This M&C
DATE: 6/13/2023 REFERENCE NO.: **M&C 23-0480 LOG NAME: SERVICES
Official site of the City of Fort Worth, Texas
FO RTWORT FI
21 PMD APPRAISAL
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize Execution of Non -Exclusive Agreements with Certain Identified
Appraisers with a Combined Annual Amount Up to $1,000,000.00 with an One -Year Initial
Term and Authorize Four One -Year Automatic Renewal Options for the Property
Management Department
RECOMMENDATION:
It is recommended that the City Council authorize new non-exclusive agreements for appraisal
services for a total annual amount up to $1,000,000.00 with a one-year initial term and authorize four
one-year automatic renewal options for the Property Management Department with the following:
AdVal Analytics LLC,
Angel Valuation Services LP,
Trailhead Real Estate LLC d/b/a Archer Appraisal Co.,
Ben Dyess & Associates,
CBRE, Inc.,
Commercial Appraisal Associates, LLC,
Cushman & Wakefield of Texas, Inc.,
Matthews Real Estate Consulting, Inc. d/b/a Edgestone Realty Valuation,
Integra Realty Resources - Fort Worth, LLC,
Jeffrey Monroe Tillman d/b/a Jeff Tillman & Associates,
JLL Valuation & Advisory Services, LLC,
Duff & Phelps Holdings Corporation d/b/a Kroll LLC,
Lowery Property Advisors, LLC,
ML&M Realty Advisors LLC,
Molas Schechter & Associates LLC,
O'Brien Realty Advisors LLC,
Paramount Valuation Services Inc.
Texas Appraisal Team LLC,
Thomas Kyser,
Totten & Company, and
Colliers International Valuation & Advisory Services, LLC.
DISCUSSION:
Under federal, state, and local laws, the City of Fort Worth must provide a bona fide offer based on an
independent appraisal report when purchasing real property. The Property Management Department
regularly engages certified appraisers to provide professional appraisal services for land acquisitions
for Capital Improvement Projects and City-wide initiatives. In order to be compliant with Chapter 2254
of the Texas Government Code, the Real Estate Division of the Property Management Department
initiated the Request for Qualification process for procurement of real estate appraisal services per
section IX.D.a. of the Purchasing Administrative Regulation (AR). In order to follow the process, the
Property Management Department contacted over twenty different firms who provide appraisal
services and requested contact references, reviewed examples of past work product, and conducted
similar reviews to determine the firm/individual's level of qualification.
Federal Regulation requires that qualified appraisers perform appraisal functions. Anyone preforming
an appraisal, or appraisal related service in determining an opinion of value, or the act or process of
developing an opinion of value, shall be competent and qualified to perform these functions per Title
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49 of the Code of Federal Regulations (CFR), Part 24.103(d) and per the Texas Administrative Code
Title 43, Chapter 9, Subchapter F.
All real estate appraisers performing appraisals for the City of Fort Worth must be licensed by the
Texas Appraiser Licensing and Certification Board, as provided in the Texas Appraiser Licensing and
Certification Act (Chapter 1103 of the Texas Occupations Code). Additionally, the City of Fort Worth
requires appraisers to be Texas Department of Transportation (TxDOT) certified before they can
perform any appraisal or appraisal related function on behalf of the City of Fort Worth.
In selecting appraisers, Property Management used the following evaluation criteria:
Licensed by the Texas Appraiser Licensing and Certification Board;
Certification by TxDOT;
Experience of the individual real estate appraiser and demonstrated understanding of the scope of
services to be provided; and
Ability to meet deadlines over the past three years and the ability to meet City of Fort Worth
scheduling requirements.
The Real Estate Division has requested and reviewed qualifications for the following:
AdVal Analytics LLC,
Angel Valuation Services LP,
Trailhead Real Estate LLC d/b/a Archer Appraisal Co.,
Ben Dyess & Associates,
CBRE, Inc.,
Commercial Appraisal Associates, LLC,
Cushman & Wakefield of Texas, Inc.,
Matthews Real Estate Consulting, Inc. d/b/a Edgestone Realty Valuation,
Integra Realty Resources - Fort Worth, LLC,
Jeffrey Monroe Tillman d/b/a Jeff Tillman & Associates,
JLL Valuation & Advisory Services, LLC,
Duff & Phelps Holdings Corporation d/b/a Kroll LLC,
Lowery Property Advisors, LLC,
ML&M Realty Advisors LLC,
Molas Schechter & Associates LLC,
O'Brien Realty Advisors LLC,
Paramount Valuation Services Inc.
Texas Appraisal Team LLC,
Thomas Kyser,
Totten & Company, and
Colliers International Valuation & Advisory Services, LLC.
It was confirmed that these firms meet the evaluation criteria listed above. The Real Estate Division of
Property Management has utilized these appraisal firms to obtain appraisal services in the past and
can certify all the proposed firms can satisfactorily perform the professional services required.
Funding - Funding for appraisal services will be provided through various capital project funding
sources. These contracts will serve current and future capital projects as -needed, and a funds
availability verification will be performed by staff and personnel of the Property Management
Department prior to each assignment.
Administrative Change Order - An administrative change order or increase may be made by the City
Manager in the amount up to $50,000.00 without specific City Council approval as long as sufficient
funds have been appropriated.
Renewals - These agreements may be automatically renewed for four additional one-year terms.
DVIN - A waiver of the goal for Business Equity subcontracting requirements was requested, and
approved by the DVIN, in accordance with the applicable Ordinance, because the purchase of goods
or services is from sources where subcontracting or supplier opportunities are negligible.
This is for ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current capital budgets, as previously
appropriated, in the various capital improvement program funds to support the approval of the
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recommendation and execution of the agreements. Prior to an expenditure being incurred, the
Property Management Department has the responsibility to validate the availability of funds.
TO
Fund
Department Account Project Program
ID ID
FROM
Activity
Budget
Year
(
Reference # Amount
Chartfield 2)
Fund
Department
ID
Account
Project
ID
Program
Activity
Budget
Year
Reference #
(Chartfield 2)
Amount
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Dana Burghdoff (8018)
Steve Cooke (5134)
Ricardo Salazar II (8379)
Megan Fowler (2592)
ATTACHMENTS
Appraisal Services all Companies SAMS.pdf (CFW Internal)
Form 1295 AdVal Analytics.pdf (CFW Internal)
Form 1295Angel Valuation.pdf (CFW Internal)
Form 1295 Ben Dyess.pdf (CFW Internal)
Form 1295 CBRE.pdf (CFW Internal)
Form 1295 Colliers.pdf (CFW Internal)
Form 1295 Commercial Appraisal.pdf (CFW Internal)
Form 1295 Cushman & Wakfield.pdf (CFW Internal)
Form 1295 Edgestone Realty Valuation.pdf (CFW Internal)
Form 1295 Integra Realty Resources.pdf (CFW Internal)
Form 1295 Jeff Tillman.pdf (CFW Internal)
Form 1295 JLL.pdf (CFW Internal)
Form 1295 Lowery Property.pdf (CFW Internal)
Form 1295 ML&M Realty Advisors.pdf (CFW Internal)
Form 1295 Molas.pdf (CFW Internal)
Form 1295 Paramount Valuation.pdf (CFW Internal)
Form 1295 Tom Kyser.pdf (CFW Internal)
Form 1295 Totten & Co..pdf (CFW Internal)
Form 1295 Tx Appraisal Team.pdf (CFW Internal)
Waiver of Business Equity Goal GV 230516.pdf (CFW Internal)
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