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HomeMy WebLinkAbout84-79 RESOLUTION• RESOLUTION NO. Py‘re A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH APPRAISAL SERVICES COMPANY FOR APPRAISAL SERVICES IN CONNECTION WITH THE GREENLAND-FARMINGTON WATER PROJECT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Appraisal Services Company for appriasal services in connection with the Greenland -Farmington Water Project. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit 'A" and made a part hereof. PASSED AND APPROVED this ' day of ATTESTr .` qCI APPROVED: 1979. MAYOR M%CROFW DATE REM • • • CONTRACT FOR EMPLOYMENT FOR APPRAISAL SERVICE This agreement, made and entered into this day of , 19 , by and between the City of Fayetteville, Arkansas, hereinafter referred to as "City" and Appraisal Services Company, hereinafter referred to as "Appraiser", WITNESSETH: City hereby employs Appraiser, and Appraiser accepts said employment to perform the following services under the following conditions: PURPOSE OF THE APPRAISAL: To determine the "just compensation" due to the owners of real property as a result of the acquisition of their property. PROPERTY TO BE APPRAISED: The property, as indicated by City which is affected as a result of the acquisitions is as follows: Various parcels located in the city limits of Greenland and Farmington, Arkansas. Appraisal to include all buildings and improvements located on the above described property. UNDER THE FOLLOWING EXCEPTIONS AND LIMITATIONS: 1. The above stated service, under "purpose of the Appraisal", are to be performed by Appraiser without influence from City, and the fee therefore is not contingent upon a predetermined valuation by City. Neither is the fee contingent upon the completion or consumation of any project beyond the control of the Appraiser or any litigation involving the property. 2. No responsibility is assumed, by the Appraiser, for matters which are of a legal nature, nor will a title search be made. City agrees to furnish a list of the owner, the legal descrip- tion of the ownership, and the legal description of the taking involved. 3. The Appraiser, herein, agrees to give expert testimony or attendance in Court or any Governmental hearing, for a fee of $25.00 per hour. 4. No Survey of the property will be made by the Appraiser. Valuation will be reported without ascertaining the boundaries, encumbrances or encroachments affecting the properties. 5. This appraisal cannot be used for speculative or promotional material in any manner whatsoever. City agrees not to copy or publish any portion of appraisal reports other than final esti- mate of just compensation, unless written authorization is obtained from the Appraiser. 6. Prior to the appraisal, City agrees to secure and provide legal authority permitting the entry of the Appraiser onto the parcels to be appraised for the purpose of carrying out this Contract. 7. 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, • • 3 • • • • 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 compensa- tion; 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 City, setting forth the provisions of this nondiscrimination clause. 8. 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. 9. The Appraiser will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 10. Appraiser agrees to deliver a copy of each appraisal to City immediately upon completion of said appraisal. 11. Itis further agreed and understood that the appraisals will be in a form as approved by City and will be completed within one (1) month of the date of this Contract. 12. In consideration of the acceptance of said employment and the performance of said services by Appraiser, City hereby agrees to pay Appraiser, within thirty (30) days of the delivery of said appraisals at the following rate: The sum of seventy-five ($75.00) Dollars per report, to be due and payable upon delivery of all the appraisals to City. 13. City agrees to indemnify and hold harmless the Appraiser, his subcontractors, agents, employees or assigns from any and all claims, suits or actions for damages, whether personal or property, arising out of or resulting from the actions of the Appraiser in carrying out the instructions of City pursuant to the terms of this Contract, or, resulting from the failure of City to acquire the proper legal authority to enter upon any individual's property for the purposes of an appraisal. 14. Irrespective of any default hereunder City may also at any time in its discretion terminate the employment of Appraiser hereunder and cancel the Contract, in whole or in part, and, in such event, Appraiser shall be entitled to receive compen- sation as stated herein for all work completed and accepted prior to such termination or cancellation, and in addition an equitable adjustment shall be made as compensation for any substantial amount of work or service performed, to the date of such termination or cancellation but not accepted by City, such adjustment together with other payments authorized or to be authorized. 15. Appraiser hereby acknowledges receipt of a copy of this Agreement. IN WITNESS WHEREOF:- - The said parties to this agreement have hereunto affixed their signatures on the date first written above. City of Fayetteville, Arkansas Attest: City Clerk Mayor • CONTRACT FOR EMPLOYMENT FOR APPRAISAL SERVICE This agreemen , made and entered into this i L$o`t.UttlA , 19 j(J, by and between the .City o Arkansas, h'Jareinafter referred to as "City" and %l( C- day of f Fayetteville, Appraisal Services C'mpany, hereinafter referred to as "Appraiser", WITNESSETH: City hereby employs Appraiser, and Appraiser accepts said employment to perform the following services under the following conditions: PURPOSE OF THE APPRAISAL: To determine the "dust compensation" due to the owners of real property as a result of the acquisition of their property. PROPERTY TO BE APPRAISED: The property, as indicated by City which is affected as a result of the acquisitions is as follows: 127 parcels located in the city limits of Greenland and Farmington, Arkansas. Appraisal to include all buildings and improvements located on the above described property. UNDER THE FOLLOWING EXCEPTIONS AND LIMITATIONS: 1. The above stated service, under "purpose of the Appraisal", are to be performed by Appraiser without influence from City; and the fee therefore is not contingent upon a predetermined valuation by City. Neither is the fee contingent upon the completion or consumation of any project beyond the control of the Appraiser or any litigation involving the property. 2. No responsibility is assumed, by the Appraiser, for matters, which are of a legal nature, nor will a title search be made. City agrees to furnish a list of the owner, the legal descrip- tion of the ownership, and the legal description of the taking involved. 3. The Appraiser, herein, agrees to give expert testimony or attendance in Court or any Governmental hearing, for a fee of $25.00 per hour. 4. No Survey of the property will be made by the Appraiser. Valuation will be reported without ascertaining the boundaries, encumbrances or encroachments affecting the properties. 5. This appraisal cannot be used for speculative or promotional material in any manner whatsoever. City agrees not to copy or publish any portion of appraisal reports other than final esti- mate of just compensation, unless written authorization is obtained from the Appraiser. 6. Prior to the appraisal, City agrees to secure and provide legal authority permitting the entry of the Appraiser onto the parcels to be appraised for the purpose of carrying out this Contract. 7.. 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 compensa- tion; 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 City, setting forth the provisions of this nondiscrimination clause: 8. 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. 9. The Appraiser will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 10. Appraiser agrees to deliver a copy of each appraisal to City immediately upon completion of said appraisal. 11. It is further agreed and understood that the appraisals will be in a form as approved by City and will be completed within one (1) month of the date of this Contract ,and time is of the essence. 12. In consideration of the acceptance of said employment and the performance of said services by Appraiser, City hereby agrees to pay Appraiser, within thirty (30) days of the delivery of said appraisals at the following rate: The sum of seventy-five ($75.00) Dollars per report, to be due and payable upon delivery of all the appraisals to City. 13. City agrees to indemnify and hold harmless the Appraiser, his subcontractors, agents, employees or assigns from any and all claims, suits or actions for damages, whether personal or property, arising out of or resulting from the actions of the Appraiser in carrying out the instructions of City pursuant to the terms of this Contract, or, resulting from the failure of City to acquire the proper legal authority to enter upon any individual's property for the purposes of an appraisal. 14. Irrespective of any default hereunder City may also at any time in its discretion terminate the employment of Appraiser hereunder and cancel the Contract, in whole or in part, and, in such event, Appraiser shall be entitled to receive compen- sation as stated herein for all work completed and accepted prior to such termination or cancellation, and in addition an equitable adjustment shall be made as compensation for any substantial amount of work or service performed, to the date of such termination or cancellation but not accepted by City, such adjustment together with other payments authorized or to be authorized. 15. Appraiser hereby acknowledges receipt of a copy of this Agreement. IN WITNESS WHEREOF: The said parties to this agreement have hereunto affixed their signatures on the date first written above. City of Fayetteville,01\1\0,0035,4"Q„ Arkansas By 1 %Y 1\0 uPo3o^� Mayor Attest f n Attest: • Secretary Appraisal Services Company By2 . President