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ST8505-CN 860812THE STATE OF TEXAS ) ) COUNTY OF DALLAS ) CONSULTANT CONTRACT THIS CONTRACT is made and entered into by and between the CITY OF COPPELL, a municipal corporation, of Dallas County, Texas, (hereinafter referred to as "CITY") and SV]~ ,Real Property Services having 1 principal place of business at 2001 Bryan Tower Suite 3910 Dallas, Texas , (hereinafter referred to as "CONSULTANT"). 1. PURPOSE The purpose of this Contract is to state the terms and conditions under which CONSULTANT shall Provide services that require a unique understanding of municipal requlations and laws concerning road assessment. 2. DESCRIPTION OF SERVICES CONSULTANT's services hereunder shall include, but shall not be limited to, the following: A. CONSULTANT shall perform all the services as set forth in the City's request for proposals attached hereto as Exhibit "A" and Consultant's proposal of June 19 , 1986 (as modified) attached hereto as Exhibit "B," both of which are made a part o'lr'-[his Contract for all purposes; provided, however, should there be any conflict between the terms of the request for proposals, the proposal, and the terms of this Contract, the terms of this Contract shall be final and binding, and the request for proposals shall control where it conflicts with the proposal. B. CONSULTANT shall work closely with the DIRECTOR of the Finance or his designee (hereinafter referred to as "DIRECTOR")and appropriate CITY officials and perform any and all related tasks required by the DIRECTOR in order to fulfill the purposes of this Contract. C. CONSULTANT shah deliver all data, reports and documents which result from its services to the DIRECTOR in such form as is satisfactory to the DIRECTOR. 3. PERFORMANCE OF SERVICES CONSULTANT and its employees or associates shall perform all the services under this Contract. CONSULTANT represents that all its employees or associates who perform services under this Contract shall be fully qualified and competent to perform the services described /n Section 2. 4. TERM The term of this Contract shall begin on August 12, , 1986 . CONSULTANT understands and agrees that time is of the essence. Ail serviee.~, written reports, and other data are to be completed and delivered to CITY by the termination date unless an eYtension of time, based upon good reasons presented by CONSULTANT, is approved by the DIRECTOR. 5.P PAYMENT FOR SERVICES In consideration of the professional services to be performed by CONSULTANT under the terms of this Contract, CITY shall CONSULTANT for services actually performed a fee not to exceed $ 8 000.~y , , unless other conditions necessitate additional services, which must be authorized in advance by resolution of the City Council. CONSULTANT's charges for its services are not to exceed similar charges of CONSULTANT for comparable services to other customers. Payments to CONSULTANT shall be in the amount shown by the billings and other documentation submitted and shall be subject to the DIRECTOR's approval. Ail services shall be performed to the satisfaction of the DIRECTOR, and CITY shall not be liable for any payment under this Contract for services which are unsatisfactory and which have not been approved by the DIRECTOR. The final payment due hereunder will not be paid until the reports, data, and documents have been received and approved by the DIRECTOR. 6. CHANGE IN SERVICES CITY through its DIRECTOR may request, from time to time, changes in the scope or focus of the activities, investigations and studies conducted or to be conducted by CONSULTANT pursuant to this Contract. Any such change which varies significantly from the scope of services set out in Section 2 and would entail a significant increase in cost or expense to CONSULTANT shall be mutually agreed on by CONSULTANT and the DIRECTOR. Changes in the scope, which in the opinion of CONSULTANT and the DIRECTOR would require additional funding by CITY, must first be authorized in advance by resolution of the City Council. ?. CONFIDENTIAL WORK No reports, information, project evaluation, project designs, data or any other documentation developed by, given to, prepared by or assembled by CONSULTANT under this Contract shall be disclosed or made available to any individual or organization by CONSULTANT without the express prior written approval of the DIRECTOR. 8. OWNERSHIP OF DOCUMENTS Upon acceptance or approval by CITY, all reports, information and other data, given to, prepared or assembled by CONSULTANT undere this Contract, and any other related documents or items shall become the sole property of CITY and shall be delivered to CITY. CONSULTANT may make copies of any and all documents for its files. 9. CONSULTANT'S LIABILITY Approval of CITY shall not constitute nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, agents or associates for the accuracy and competency for their designs, reports, information, and other documents or services nor shall approval be deemed to be the assumption of such responsibility by CITY for any defect, error or' omission in the documents prepared by CONSULTANT, its employees, agents or associates. 11. INDEMNITY CONSULTANT shah defend, indemnify, and hold CITY whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by or from any negligent act, error or omission of CONSULTANT or any agent, servant, or employee of CONSULTANT in the execution or performance of this Contract. 12. RIGHT OF REVIEW CITY may review any and all of the services performed by CONSULTANT under this Contract. 13. The following shall be conditions of, and a part of, the consideration of this Contract, to-wit: CONFLICT OF INTEREST OF CITY EMPLOYEES No officer or employee of the City shall have any financial interest, direct or indirect, in any contract with the City or be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or services, except on behalf of the City as an officer or employee. Any violation of this section shall constitute malfeasance in office, and any officer or employee guilty thereof may be subject to removal from his office or position. Any violation of this section, with knowledge, express or implied, of the person or corporation contracting with the City shall render the contract involved voidable by the City Manager or the City Council. CONFLICT OF INTEREST OF CONSULTANT Consultant shall not accept other employment or engage in outside activities incompatible with the proper discharge of his duties and responsibilities with the City, or which might impair his independent judgment in the performance of his duty to the City nor personally provide services for compensation, directly or indirectly, to a person 3 or organization who is requesting an approval, investigation or determination from the City. 14. NONDISCRIMINATION As a condition of this Contract, CONSULTANT covenants that CONSULTANT will take all necessary actions to insure that, in connection with any work under this Contract, CONSULTANT, his associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, or physical handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. In this regard, CONSULTANT shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the City, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 15. CONTRACT PERSONAL This Contract provides for personal or professional serviees, and the CONSULTANT shall not assign this Contract, in whole or in part, without the prior written consent of CITY. 16. TERMINATION CITY may terminate this Contract upon thirty ( 30 ) days written notice to CONSULTANT with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice. CONSULTANT shall invoice CITY for all services completed and shah be compensated in accordance with the terms of this Contract for all services performed by CONSULTANT prior to the date specified in such notice. 17. NOTICES Ail notices, communications, and reports required or permitted under this Contract shall be personally delivered or mailed to the respective parties by depositing same in the United States mail, postage prepaid, at the addresses shown below, unless and until either party is otherwise notified in writing by the other party, at the following addresses. Mailed notices shall be deemed communicated as of five (5) days after mailing. If intended for CITY, to: Frank A. Proctor, Jr. City Manager City of Coppell P. O. Box 478 Coppell, Texas 75019 If intended for CONSULTANT, to: William ~ ~mn~n~e: TT 18. INDEPENDENT CONTRACTOR In performing services under this Contract, CONSULTANT is performing services of the type performed prior to this Contract, and CITY and CONSULTANT by the execution of this Contract do not change the independent status of CONSULTANT. No term or provision of this Contract or act of CONSULTANT in the performance of this Contract shall be construed as making CONSULTANT the agent, servant, or employee of CITY. 19. VENUE The obligation of the parties to this Contract are performable in Dallas County, Texas, and if legal action is necessary to enforce same, exclusive venue shall lie in Dallas County, Texas. 20. APPLICABLE LAWS This Contract is made subject to the provisions of the Charter and ordinances of CITY, as amended, and all applicable State and federal laws. 21. GOVERNING LAW This Contract shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 22. LEGAL CONSTRUCTION In ease any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 24. CAPTIONS The captions to the various clauses of this Contract are for informational purposes only and shall not alter the substance of the terms and conditions of this Contract. 25. SUCCESSORS AND ASSIGNS This Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and, except as otherwise provided in this Contract, their assigns. 26. ENTIRE AGREEMENT This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties and relating to matters in this Contract, and except as otherwise provided herein cannot be modified without written agreement of the parties to be attached to and made a part of this Contract. EXECUTED this the by and through its Mayor, DS/?.-$~. ,;~ , adopted by the City Council on by CONSULTANT, ~ ~P v ?Y OF APPROVED AS TO FORM: PELL LAWRENCE W. JACKSON LOU DUGGAN City Attorney / MAYOR day of/'~ --~7~- , 19~o, by CITY, signing duly authorize~ to execute same by Resolution No. CONSULTANT: BY Authorized Officer Type Name 6 Type Title draft ~1 6-19-86 PROPOSAL for CITY OF COPPELL, TEXAS ESTABLISHMENT OF A ROAD ASSESSMENT DISTRICT BELTLINE ROAD NORTH/ FROM:635 TO BELTLINE ROAD EAST/WEST (see Addendum 1) George R. Schrader William B. Vandivort, II David D. Black Shirley Ryan 2001 Bryan Tower Suite 3910 Dallas, Texas 75201 (21a) 969-6910 WHAT WE DO: Provide services that require a unique understanding of municipal regulations and laws. (see Addendum 2) ROAD ASSESSMENT DISTRICT · Assure Correctness of current Records · Analyze Valuation placed on Property by Appraisal District · Establish list of assessable property · Establish assessment formula · Create assessment roll · Create collection procedures · Presentation of assessment statements to property owners for payment (see Addendum · p£e-en~a~ement · JLIL,.~ ~ee.' $ 8,000.00 noI COSt EXHIBIT Addendum 1 (Page 1 ) ~ R..~A~J~ forner City Manager, City of Dallas, with over 27 years of municipal management experience. At the highlight of his public career, Mr. Schrader was chief executive officer of a municipal corporation of "Fortune §00" size, with an operating budget of $665 million, a work force of 12,500, and 35 programs of service. Mr. Schrader served in three other Texas cities, San Angels, gnnls, and Mesquite, and was city manager in the latter two. He served in all four cities during a major property tax revaluation. Under the leadership of George Schrader, Schrader & Black Associates provides consulting services to the real estate industry in complying with public regulatory requirements for the development of property. George Schrader currently serves on the board of directors for 18 civic organizations in Dallas and the nation. · ~ ~. Y_~.~V_~r.k~, former Assistant Director of Revenue and Taxation, City of Dallas, encompassing 12 years of experience with the Dallas City Tax Office. Mr. Yandivort is a Certified Public Accountant licensed in Texas, with an active private practice. He received his BA from Austin College and an MBA from gNU in Real Estate and Accounting, and is one of the lead instructors for the Texas State Property Tax Board, the licensing agency for appraisers employed by central appraisal districts throughout Texas. Mr. Vandivort is the author of two chapters of the ~1~ ~anual, the standard of practice established by the State Property Tax Board for use by central appraisal districts: "Personal Property," and · Income Producing Real Estate'. · David Black, former Director of ~evenue and Taxation, City of Dallas. Mr. Black supervised the transition of appraisal responsibility from the City of Dallas to the Dallas Central Appraisal District in January, 1~82. Yhile with the City for almost 10 years, Mr. Black also served as Interim Assistant City Hanager, Operating Budget Adminis- trator,Community Development Coordinator, and Development Manager. David Black is a partner with George Schrader in the consulting firm of Schrader & Black Associates. · ~ ~..~J~.j~ ~ former Tax Assessment Supervisor, Department of Revenue and Taxation, City~ of Dallas, spanning 35 years of experience witht~ Dallas City Tax . Professionals · Real estate market research, appraisers, and legal counsel Addendum (Page 2) · 83 years municipal management service in four Texas cities, 66 years with City of Dallas - City Manager in 3 cities · ~9 years City of Dallas Tax Office experience - Director, Assistant Director, Appraisal Supervisor - 35 years experience with Board of Equalization - 8 years participation in assembly of candidates for Board of Equalization · Directed City of Dallas transfer of appraisal responsibility to Dallas Central Appraisal District - ~ years association with the personnel and appraisal records of the Dallas Central Appraisal District and responsibility for review of work by the District on behalf of the City of Dallas · Experience with four Texas municipalities during major property revaluations · Instructor for the State Property Tax Board for 8 years in training appraisal district employees for certification · Author of 2 chapters in ~.~ ~, the standard of practice established by the State Property Tax Board for use by central appraisal districts: 'Income Producing Real Estate', and 'Personal Property.' · Experienced CPA · Affiliated consulting practice counseling real estate industry on compliance with public development requirements · Master of Business Administration (Real Estate) Master of Business Administration (Accounting) Master of Public Administration Master of Public Affairs Addendum 2 1. Assure .listing on tax roll 2. Verify correctness of mailing address 3. Assure accuracy of description of property #. Assess the validity of classification of property for valuation for taxes 5. Analyze valuation by Appraisal District 6. Establish assessment formula ?. Create assessment roll 8. Create collection procedures 9. Present assessment statements to property owners for payment Pre-engagement ~: a pre-engagement revSew of the proposed project will be performed at no cost to assure that the service is needed and will financially benefit the City of Coppell Base fee~' $ 8,000.00 ~ of f e esl Base fee ~s payed Zn two equal'installments: 1/2 at engagement of contract 1/2 on acceptance of work by the City of Coppell This fee assures an extensive examination and productive effort on your behalf to achieve a financially acceptable Road Assessment District.