Loading...
HomeMy WebLinkAboutResolution - 2018 - Contract - Tommy Cantrell Company - Acquisition Appraisal Services - 05_09_1985Resolution #2018 May 9, 1985 Agenda Item #22 HW:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for Acquisition Appraisal Services by and between the City of Lubbock and Tommy Cantrell Company, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th ATTEST: ya, Uity day of , May , 1985. zi/ 9L ALPK HENRY, -MAY r ENRY, MAYO APPROVED AS TO CONTENT: H. 0. Alderson, Director ghEorhood Redevelopment APPROVED AS TO FORM: Vdaaa W�M� Harold Willard, Assistant -City Attorney Resolution #2018 CONTRACT FOR ACQUISITION APPRAISAL SERVICES This Agreement, entered into this 9th day of May ,1985 , by and between THE CITY OF LUBBOCK, State of Texas, hereinafter referred to as the "City", and TOMMY CANTRELL COMPANY , hereinafter referred to as the "Appraiser". The property to be acquired utilizing the services of the Appraiser is to be acquired by the Urban Renewal Agency of the City of Lubbock, State of Texas, hereinafer referred to as the "Agency". WITNESSETH THAT: WHEREAS, the Agency proposes to acquire certain real property (more partic- ularly described in Article 1 of this Agreement) and desires that the Appraiser furnish the City and the Agency certain services with respect to such property, in- cluding an appraisal of each parcel comprising part of such property, and the Appraiser represents that he is fully qualified to perform such services and will furnish such services personally; and WHEREAS, the services to be provided under this Agreement are necessary to achieve the purposes of the Lubbock Community Development Block Grant Program and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894; Public Law 91-646), as amended, hereinafter referred to as the "Act". NOW, THEREFORE, the City and the Appraiser, for the considerations and under the conditions hereinafter set forth, do agree as follows: ARTICLE 1. PROPERTY TO BE APPRAISED. Descriptions of the real property and the estate or interest therein to be appraised, including identification of any interests in the real property to be specifically excluded from appraisal, are set forth in Exhibit "A" attached hereto and hereby made a part of -this agreement. A separate appraisal is to be furnished for each "parcel", which term, as used in this agreement, means any tract or contiguous tracts of land Xn the same ownership, whether such tract or tracts con- sist of one or more platted lots or a fractional part thereof. An easement, separate ownership of mineral rights, or other separately held interest in two or more parcels shall be considered to be a separate parcel for appraisal purposes and an exception to the title to the parcels so encumbered. An easement in a parcel, if appurtenant to another parcel to be acquired by the Agency, shall be considered to be part of such other parcel and an exception to the title of the parcel encum- bered. Each parcel, ragardless of how described, shall be considered to include all right, title, and interest of the owner thereof in or to any adjacent or abutting streets, alleys, or other public rights of way. ARTICLE 2. PURPOSE AND BASIS OF VALUATIONS. 2.1 Purpose and Significance of Appraisals. The appraisals to be furnished under this agreement are required by the City and the Agency for guidance in making fair and impartial determinations of fair market value and the just compensation to be offered to each property owner. The text of each appraisal report must cover all matters germane to the required valuation findings and must provide a full explanation of the Appraiser's reasoning and his analyses of the evidences of value, so that a reviewer will be able to follow the Appraiser's analyses and understand how he reached his valuation conclusions. 2.2 Concept of Value. The Appraiser's opinion of the fair market value shall be in accordance with the definition and concepts of value and the rules on the admissibility of evidence of value under the eminent domain law of the State of Texas. 2.3 Date of Valuation. The Appraiser's valuation shall be as of a date concurrent with the prepa;atipn of his report. } 2.4 Relocation Assistance and Payments. The Appraiser's analyses and opinions of property value shall not reflect any consideration of or allowance for the relocation assistance and payments provided under Title II of the Act. 2.5 Influence of Project on Property Value. In forming his opinion of the fair market value of a property, the Appraiser shall disregard any decrease or increase in the fair market value of the real property to be acquired (or the entire property of the owner in the case of a partial taking) prior to the date of valuation caused by the public improvement or project for which the property is to be acquired for such improvement or project, other than that due to physical deterioration within the reasonable control of the owner. In the case of a partial taking, using the before -and -after method of valuation, the Appraiser's opinion of the value of the remaining not -to -be acquired portion of the property shall reflect any increase or decrease in value attributable to the project. ARTICLE 3. SCOPE OF APPRAISER'S SERVICES. The Appraiser agrees to perform the following services: 3.1 Appraisals. Appraise each parcel comprising part of the real property described in Article 1 of this agreement and prepare and deliver to the City, within the number of calendar days specified for each parcel on the attached Exhibit "A". The number of days specified for each parcel is to commence as of the date of the delivery of the owner's Letter of Intent to Acquire. The appraisal reports shall be provided to the City in duplicate conforming to the provisions of this agreement. 3.2 Property Inspection. Personally inspect each parcel, including all buildings, structures, improvements, fixtures, appurtenances, and other elements of value thereon or belonging thereto. The Appraiser shall give the owner an opportunity, by reasonable advance notice in writing to accompany the Appraiser, or to have his designated representative accompany the Appraiser, during his detailed inspection of the property. If the Appraiser's inspection or investi- gation discloses a sale of a portion of a parcel by an unrecorded contract of sale or otherwise, the Appraiser shall furnish separate reports for each separately owned portion of the parcel. 3.3 Valuation Data. Make such investigations, studies, and property inspections as are appropriate to enable the Appraiser to derive sound con- clusions and to prepare the appraisal reports to be furnished under this agree- ment. The Appraiser shall ascertain the most recent sale of each property appraised and any other sales of such property during the last three (3) years preceding the appraisal and shall investigate any recent offer or offers of the owner to sell his property. Such sale or sales of the property appraised and all recent sales of other properties that are sufficiently comparable to the property being appraised to be considered by the Appraiser in forming his opinion of fair market value shall be verified insofar as practical. Each such verification shall include inspecting the property and interviewing the .seller, buyer, agent, or other person, who participated in the transaction, to ascertain the consideration paid, the terms and conditions of the sale, any special factors affecting the amount of the sale price, and the actual character and condition of the property at the time of sale. 3.4 Testimony in Judicial Proceedings. Testify as an expert witness in behalf of the Agency in any judicial proceedings involving any property appraised under this agreement. Such services shall include such reasonable time as may be required for reinspection of the property, updating the Appraiser's valuation, participation in pretrial conferences with counsel for the Agency, and testifying in the judicial proceeding. 3.5 Modification of Delivered Appraisal Reports. Modify or furnish supplements to any appraisal report furnished hereunder, without additional cost to the City if (a) applicable principles of law with respect to the valuation of the property require the modification or supplementing of such appraisal, (b) material omissions, inaccuracies or defects in the appraisal report are discovered after delivery and acceptance of the report by the City, or by the City's Review Appraiser, or (c) the Appraiser receives or becomes aware of relevant additional appraisal information in existence prior to the -2- date the Appraiser signed the report. If there is a significant delay between the date of valuation and the date of acquisition of any parcel or if the property has been materially altered since the appraisal by a fire, a revised determination of the boundaries or the interest to be acquired, or other cause, the Appraiser shall, if requested by the City, furnish the City a supplemen- tary report updating his valuation and the supporting data and analyses to a current date. The compensation for such updating of an appraisal shall be determined in accordance with Article 6. 3.6 Retention of Appraisal Records. Retain a copy of each appraisal report and notes and records germane to the appraisal for three (3) years after delivering the appraisal report to the City and the Agency or until the property is acquired by the Agency or its proposed acquisition of the property is abandoned, whichever is later. 3.7 Consultation with City. Advise and consult with the City and its legal counsel regarding services performed and to be performed by the Appraiser and the real property acquisition aspects of the Agency's plans and programs as related to the properties involved in this agreement, as such time or times as may be mutually convenient for the parties to this agreement, without additional charge to the City. The Appraiser shall initiate such consultations whenever he needs legal advice on any aspect of the appraisals to be furnished under this agreement. ARTICLE 4. CONTENTS OF APPRAISAL REPORTS. The appraisal report or reports to be furnished by the Appraiser to the City and the Agency in accordance with this agreement shall contain certain information and the Appraiser's conclusions and opinions, together with the data and analyses by which they were derived, as set forth below. A separate report shall be submitted for each parcel as defined in Article 1. However, if the Appraiser is to appraise several parcels in the same general area, he may also prepare and submit a separate overall report and data volume and use it as a data source and reference in the separate appraisal reports on the individual parcels. The appraisal report on each parcel shall consist of a cover sheet as provided in Paragraph 4.1, followed by a report furnishing the Appraiser's opinions and conclusions and the data and analyses on which they are based. The appraisal report on each parcel shall include the following: 4.1 Appraisal Summary. A cover sheet headed "Appraisal Report for (name of the City and the Agency)," which may be a printed form,completed to provide the following: a. Project name. b. Date of the report. C. Parcel number, address of the property, brief identification of the interest in the property appraised, and the name of the owner or owners. d. Date or dates of the Appraiser's inspection of the property with the owner, owners, or the owner's designated representative, including the name of each owner or representative of an owner who accompanied the Appraiser during his inspection and the interest held in the property or representative capacity of each such person. Identify any owners of a compensable interest in the property, who were not present or represented during the Appraiser's inspection, including identification of the interest in the property held by each such owner. e. The Appraiser's estimate of the fair market value of the property and the fair market value of the same interest in the land, if vacant. f. The limiting conditions of the appraisal, which may include assump- tions (1) that the title is good and marketable, (2) that no responsi- bility is assumed by the Appraiser for legal matters, especially those affecting the title to the property, (3) that the legal description of the property and the interest therein to be appraised, furnished to the Appraiser by the City, is correct, and (4) that no survey of the property has been made. Any other appropriate assumption or limiting condition may be added if it has been specifically approved in writing by the City. -3- t, x g. The certifications of the Appraiser (1) that he personally made a thorough inspection of the property, (2) that, to the best of his knowledge and belief, everything contained in the report is true and no relevant and important fact has been omitted, (3) that neither his employment nor his compensation is contingent on the valuation reported, and (4) that he has no past, present, or prospective interest (including that of real estate agent or broker) in the property, the parties involved, or any other interest that would conflict in any way with the services performed or the making of an impartial report. h. A certification that, in the Appraiser's opinion, the fair market value of the property is (an amount to be stated) as of (the date of valuation determined in accordance with Paragraph 2.4 of this agreement). i. The signature of the Appraiser. 4.2 Ownership. The name and address of the owner of the property and the name and the address, if known, of any other party known or believed to hold a separate compensable interest in the property. For any party listed as holding a separate compensable interest in the property, furnish a description of the interest when providing the property delineation in accordance with Paragraph 4.3 hereof. 4.3 Delineation of Property. The street address of the property and an accurate legal description of the real property and the interest therein appraised. The property delineation shall specifically exclude and describe any separately held interest in the real property, which under the definition of "parcel" in Article 1 is to be appraised and acquired either separately or as an appurtenance of another parcel to be acquired. The description shall also specifically exclude all separately held interests which are not to be acquired and will not be affected adversely by the Agency's and the City's project. If there are any separately held interests in a parcel, which are to be acquired with other interests in the same parcel, such as leaseholds, tenant -owned improvements, life estates, easements, and water, gas, oil, or mineral rights, furnish a description of each separate interest comprising part of the property appraised and the name of its owner. 4.4 Off -Record Title Information. Information with respect to outstanding interests or instruments affecting the title, but not of record, such as leases, contracts of sale, and other interests or rights or parties in possession. Such information shall be reported, and if the facts obtainable by inquiry and inspec- tion are sufficient, the Appraiser's report shall be based on such additional title information and so noted in the appraisal report. Otherwise, the Appraiser shall refer the matter to the City and defer completion of the appraisal until the question is resolved. 4.5 Inventory of Improvements. If requested by the City an inventory shall be provided identifying each building, structure, or other improvement, including movable and immovable building equipment and other fixtures considered to be part of the real property. For the purpose of delimiting the real property improvements, any building, structure, fixture, or other improvement, which would be real property if owned by the owner of the land, shall be considered to be real property notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure, fixture, or other improvement, at the expiration of his term. The ownership of any improvement by anyone other than the land owner shall be identified on the inventory. In the case of a commercial, industrial, governmental, or farm property involving substantial quantities and kinds of fixtures, such as machinery and equipment, a property analysis shall be made in accordance with Paragraph 4.6 hereof. The property analysis shall be submitted to, and be approved by, the City before completing the appraisal and, as approved by the City, shall be included as an exhibit in the Appraiser's report. 4.6 Property Analysis. A property analysis when required in accordance with Paragraph 4.5 hereof. The property analysis shall list, identify, and classify as to ownership and type of improvement, all items of physical property considered to be part of the real property. The property analysis shall also -4- identify tangible personal property located on the premises to the extent reason- ably necessary to prevent misunderstandings as to what is regarded as being real or personal property. Buildings including appurtenant movable building equipment, structures, other improvements, and fixtures, including their accessories and spare parts, shall be identified and classified -as to ownership and type of property as follows: a. Ownership. (1) Owner of the land. (2) Each tenant in occupancy. (3) Each non -occupant owner of any fixtures or other improvements, or personal property on the premises. b. Type of property. (1) Building, structure, or other fixed improvement. (2) Building euqipment, movable. (3) Fixtures, classified as to whether economically movable for reuse, movable for salvage only, or immovable. (4) Personal property, identified as to types and approximate amounts, or otherwise, as needed to obviate misunderstandings as to the classification of any item. If any building,structure or other improvement is not to be acquired, will not be adversely affected by the City's and the Agency's project, and will not be required by the City and the Agency to be removed, such as a pipeline in an ease- ment not to be acquired, such improvement shall be identified as excluded from the appraisal. 4.7 Property Data. Description of the property, including information pertinent to the appraisal with respect to such matters as (a) the environment and location of the property, (b) the zoning and any restrictive convenants, conditions, or servitudes affecting the available use or occupancy of the land, (c) the assessed value of the real property and the current annual real estate tax burden, (d) the use and occupancy of the property at time of appraisal, (e) the public improvements, services, and utilities serving and providing access to the property, (f) the character, topography, dimensions, and area of the land, (g) the freedom of the property from or susceptibility to special hazards, (h) the current rental and rental history of the property, if rented, (i) the estimated annual costs of ownership and for operation and maintenance of the property, and (j) a description of the buildings, structures, fixtures, and other improvements, if any, appurtenant to the land, including relevant information as to type of improvement, designed use, construction materials and finish, equipment, dimensions, floor area, age, condition, space or room arrangement, functional utility, and any other characteristics or attributes of the improvements germane to the value of the real property. The appraisal report shall contain a sketch plat showing the shape and dimensions of the land,the location of the principal improvements on the land, the location of any easements in the land, and the abutting streets, alleys, or other public rights of way. The report shall also include such exterior photographs, each clearly identified, as are appropriate as part of the description of the property. 4.8 Legal and Title Matters Affecting Value. Report of any official citations or personal observations by the Appraiser of any condition or occupancy of the property in violation of the law and any other legal or title matters affecting the available lawful uses or the value of the property. 4.9 Highest and Best Use. The Appraiser's opinion as to the highest and best use for the property. The appraisal report shall also include the Appraiser's opinions as to any variations of such use and any other uses or kinds of use for which the property is reasonably suitable or adaptable. Any differences between the Appraiser's estimate of highest and best use and the actual use of the property at the time of valuation shall be explained. If the highest and best use is self-evident and not materially different from -5- the actual existing use, a statement to that effect will suffice. However, if the property is unused vacant land or the highest and best use if found to differ significantly from the present use, the appraisal report shall contain the analyses by which the Appraiser reached his conclusions as to the highest and best use and as to the relative suitability or adaptability of the property for any other available uses for which the property could reasonably be considered to be suitable or adaptable. The analysis of a potential use shall include consideration of relevant matters, such as the suitability of the location, the environment, and the legal and physical attributes of the property for such use, the estimated cost, if any, of converting the property to such use, and the supply, sale price levels, and relative desirability of other properties that would compete for the same kind of use. Because the Appraiser's finding as to the highest and best use is a conclusion that the property does not have a higher present value for any other use, the analysis of the property for the future use or uses found to be the highest and best use if part of -,the process of appraising the property and, therefore, may be included in the valu- ation analysis furnished in accordance with Paragraph 4.10 hereof. 4.10 Property Valuation and Appraisal Analysis. The opinion of the Appraiser as to the fair market value of the property. The appraisal report shall contain a description of the reasoning process used by the Appraiser in reaching his conclusion as to value and all data and analyses needed to explain and support his valuation. The supporting data and analyses furnished in the appraisal report shall include, among other things, the following: a. The data and the analyses that consitute the principal basis for the Appraiser's opinion of the fair market value. Information shall be furnished with respect to recent sales of other properties which are considered by the Appraiser to be comparable with, and to provide useful evidence of the value of, the property appraised. The informa- tion furnished with respect to each such comparable property and its sale shall include, among any other pertinent facts, the names of the grantor and grantee, the date of the sale, the sale price, any special terms or conditions or circumstances of the sale that affected the transaction, and a description of the property and its condition at time of sale in sufficient detail for use in comparing it with the property appraised. The appraisal report shall contain the Appraiser's analysis of each comparable property and its sale in relation to the property appraised. The Appraiser's analysis in each case shall reflect consideration of, and appropriate allowances for, the difference in the time of the sale and the date of appraisal and the differences in the utility, desirability, and productivity of the properties that are pertinent to their relative value. The appraisal report shall contain a valuation data map showing the location of the property appraised and the comparable properties referred to in the appraisal report. b. All other information, analyses, and estimates considered by the Appraiser to be relevant to the estimation of the fair market value of the property. c. If the property appraised is part of a larger parcel in the same ownership or is less than the entire interest of the owner in the property, the appraisal report shall contain the Appraiser's opinion of Just Compensation for a taking of such property or interest, using the before - and -after method of valuation as interpreted underiState law unless it is obvious that there would be no damages or benefits to the remaining property or interest of the owner. The appraisal report shall also contain, for information purposes only, the Appraiser's estimates of the fair market value of the to -be -acquired part or interest and the net damages or benefits to the remaining property of the owner. d. Such maps, plans, photographs, or other exhibits, as necessary, to explain or illustrate the analyses of the Appraiser. e. The Appraiser's evaluation of the indications of value deduced from his separate analyses of the various evidences of value and an explanation of how he reached his final conclusion as to the fair market value of the property. f. If the property is a multi -family or mixed -use property, the appraisal data shall be broken down in such a manner that the appraised value -6- of the owner -occupied portion of the parcel (structures and land) can be separated from the total value of the parcel. (Mixed -use property is a parcel wherein an owner -occupant resides and also conducts a business as defined in 1371.1 HUD Relocation Handbook.) The Appraiser's report shall explain how he made the apportionment and the rationale therefor. ARTICLE 5. SERVICES TO BE PROVIDED BY THE CITY. The City agrees to furnish the Appraiser the following: 5.1 Parcel Map. A map or plat, based on official records, of the property described in Article 1 hereof, showing the boundaries and dimensions of the parcels to be appraised. Each parcel shall be designated by a number, and the parcel numbers shown on the Appraiser's reports shall correspond to the parcel numbers shown on the map or plat, except that additional parcel numbers may be assigned by the Appraiser for easements appraised separately or for additional parcels revealed while making the appraisals. 5.2 Ownership Data. An ownership data report for each parcel, which report will show all estates and interests in the parcel as shown of record and conse- quently shall not be assumed to define the interest to be appraised or any sepa- ration of interests for appraisal purposes required by the definition of "parcel" in Article 1 hereof. The ownership data report on each parcel as shown on the parcel map shall include: a. The name (and, if known or shown of record, the address) of the ostensible owner as it appears of record; b. The legal description of the parcel as shown by the conveyance or con- veyances or other instrument by which the record owner acquired title; c. The amount of Real Estate Taxes for the current year and the assessed valuation stated separately for land and from improvements. 5.3 Legal Advice. Advice, upon request of the Appraiser, on legal matters affecting the appraisal of any property to be appraised. ARTICLE 6. PAYMENT. In consideration of the undertakings and agreements on the part of the Appraiser contained in this agreement,the City agrees to make payments to the Appraiser upon completion by the Appraiser of services to be provided hereunder and the submission to the City of properly certified invoices therefor, as follows: 6.1 For appraisal services and reports furnished by the Appraiser in accordance with Paragraph 3.1 hereof and accepted by the Agency, and for all other services furnished in accordance with Article 3 hereof, except services furnished in connection with judicial proceedings as provided in Paragraph 3.4 hereof, and the updating of appraisals as provided in Paragraph 3.5 hereof, payments shall be made in accordance with the attached schedule, marked as Exhibit "B". 6.2 For services furnished by the Appraiser in connection with judicial proceedings as provided in Paragraph 3.4 hereof, (except services as an expert witness in such a proceeding), for the updating of appraisals as urovided in Paragraph 3.5 hereof, $62.50 or $125.00.per hour or fraction thereof actually engaged in performing the services. Any and all expenses of the Appraiser, including travel expense and subsistence, shall be borne by the Appraiser. See Exhibit "B". 6.3 For services as an expert witness for the Agency in judicial proceedings as provided in Paragraph 3.4 hereof, with respect to any property appraised by the Appraiser pursuant to this agreement, the Appraiser and the City hereby agrees that the fair and reasonable compensation for the Appraiser's services shall be $ 500.00 or.$1,000.00 foreach full day's attendance in court, or $250.00 or $'S00.00 compensation when attendance is one-half day or less. See Exhibit "B". 6.4 Payment for appraisal services, reports and services in connection with judicial proceedings pursuant to the fulfillment of this contract shall not exceed the sum of $16,000.00 , which shall constitute full payment to the Appraiser -7- ' 'for all of said services and for all supplies, materials, and equipment used or furnished by the Appraiser and all expenses incurred by the Appraiser in or in connection with the performance of said services. 6.5 In the event the City requests services to be performed by the Appraiser for property which has been designated for the project year contemplated by the execution of this Agreement, and the services are requested more than eighteen months after the date of this Agreement, then payment to the Appraiser shall be based upon the most current contract for appraisal services existing at the time work is requested ARTICLE 7. REPRESENTATIONS AND AGREEMENTS OF APPRAISER. As an inducement to the execution of this agreement by the City and in con- sideration of the agreements to be performed by the City, the Appraiser represents and agrees that: 7.1 Qualifications. The Appraiser is qualified to perform the services to be furnished under this agreement and is duly authorized or permitted by or under law to perform such services, and all personnel engaged in the work shall be qualified and so authorized or permitted to do the work they perform. 7.2 Solicitation or Procurement of Agreement. The Appraiser has not employed any person to solicit or procure this agreement and has not made, and will not make, any payment or any agreement for the payment of any commission, percentage, brokerage, contingent fee, or other compensation in connection with the procure- ment of this agreement. 7.3 Interest of Appraiser and Appraiser's Employees. The Appraiser does not have any interest (including that of real estate agent or broker), direct or indirect, present or prospective, in any property described in Article 1 hereof or in the sale thereof, or any other interest, whether or not in connection with said property, which would conflict in any manner or degree with the performance of the services and the submission of impartial reports, and has not employed and will not employ, in connection with the services to be furnished hereunder, any person having any such interest, and until such property is acquired by the Agency or excluded from its project or projects by resolution of its governing body, the Appraiser and any employees of the Appraiser, so long as they are employed by the Appraiser, will not acquire any such interests and will not, for their own account or for other than the Agency, negotiate for any of said property, perform services in connection with said property, or testify voluntarily as a witness in a condemnation or other proceeding with respect to such property. 7.4 Services to be Confidential. All services, including reports, opinions, and information, to be furnished under this agreement are confidential and shall not be divulged, in whole or in part, to any person, other than to duly autho- rized representatives of the Agency and the City, without prior written approval of the City, except by testimony under oath in a judicial proceeding or as otherwise required by law. 7.5 Facilities and Personnel. The Appraiser has and will continue to have proper facilities and personnel to perform the services and work agreed to be performed hereunder. If the Appraiser proposes to employ any person or persons to make any appraisals of machinery and equipment or other specialised elements or attributes of a property appraised under this agreement, the employment of such person or persons for such purpose shall not place the City under any obliga- tion to such employee, nor relieve the Appraiser of full responsibility for the faithful performance of the services to be furnished hereunder. 7.6 Equal Employment Opportunity. During the performance of this agreement: 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 employ- ment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Appraiser agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. W-11 b. The Appraiser will, in all solicitations or advertisements for employees placed by or on behalf of the -Appraiser, state that all qualified applicants will recieve consideration for employment without regard to race, color, religion, sex, or national origin. 7.7. Assignment. The Appraiser's rights, obligations, and duties under this agreement shall not be assigned in whole or in part, but this shall not prohibit the assignment of the proceeds due or to become due hereunder to a bank or financial institution. This agreement may be assigned by the City to any corporation, agency, or instrumentality having authority to accept the assignment. 7.8 Subcontracting. None of the work or services covered by this agreement shall be subcontracted without the prior approval of the City. 7.9 Affidavits of Compliance. The Appraiser will, if requested -by the City, furnish the City affidavits certifying as to compliance with any or all of the provisions of this Article 7. ARTICLE 8. CHANGES. The City, at any time by written notice to the Appraiser may modify the scope or quantity of the services to be furnished under this agreement. If such changes cause an increase or decrease in the amount of services to be provided by the Appraiser or in the time required for their performance, equitable adjustment shall be made in the provisions of this agreement for payments to the Appraiser or for the time for performance of the services or for both, and this agreement shall be modified by agreement of the parties accordingly. ARTICLE 9. TERMINATION OF AGREEMENT FOR CAUSE. If, through any cause, the Appraiser shall fail to fulfill in a timely and proper manner his obligations under this agreement, or if the Appraiser shall violate any of the covenants or agreements thereof, the City may upon written notice to the Appraiser terminate the right of the Appraiser to proceed under this Agreement or with such part or parts thereof as to which there has been default, and may hold the Appraiser liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed reports prepared by the Appraiser under this agreement shall, at the option of the City, become its property and the Appraiser shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Appraiser, however, shall not thereby be relieved of liability to the City for damages sustained by the City by reason of any breach of the agree- ment by the Appraiser, and the City may withhold any payments from the Appraiser for the purpose of setoff until such time as the amount of damages due the Agency from the Appraiser is determined. The Appraiser shall not be held liable for damages under this Article solely for reasons of delay if the delay is due to causes beyond the control and without the fault or negligence of the Appraiser, but this shall not prevent the City from terminating this agreement because of such delay. ARTICLE 10. INTEREST OF MEMBERS OF CITY AND AGENCY. No member of the City and the Agency shall participate in any decision relative to this agreement affecting, directly or indirectly, his personal interests. No such member and no other officer, agent, or employee of the City and Agency having any responsibility or function in connection with this agreement shall have any private interest, direct or indirect, in this agreement or the proceeds thereof. ARTICLE 11. OFFICIALS NOT TO BENEFIT. No member of or delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. ARTICLE 12. NOTICES. An action, notice, or request taken, given, or made by the City hereunder may be taken, given, or made by H. 0. Alderson, Director of Neighborhood Redevelopment, or such other person or persons as the City may, by written notice to the Appraiser, MIM ' designate for such purpose. All notices given or made to the Appraiser hereunder shall be deemed to be,duly and properly given or made if mailed to the address specified below, or delivered personally to the Appraiser. All notices or other papers given or delivered to the Agency hereunder shall be deemed to be sufficiently given or delivered if mailed, postage prepaid, to the Neighborhood Redevelopment Department of the City of Lubbock, 911 loth Street, P.O. Box 2000, Lubbock, Texas, 79457, or to such other representative or address as the City may designate to the Appraiser in writing. ARTICLE 13. AFFIRMATIVE ACTION PLAN. The Appraiser agrees to carry out the provisions of Section 3 of the Housing and Urban Development Act of 1968 as set out in Exhibit "C" attached hereto and made a part hereof. ARTICLE 14. TERMS AND CONDITIONS. This agreement is subject to and incorporates the provisions attached hereto as Part II - Terms and Conditions. IN WITNESS WHEREOF, the City and the Appraiser have executed this agreement on or as of the date first above written. ATTEST: ~= Ranette oyd, City Secretary JSPPRXISER 1613 Avenue Q ADDRESS Lubbock Texas 79401 CITY STATE ZIP CODE THE A=S BY: rin YO APPPPRRO/VEEDD ASTOTO CONTENT l�.�J L.e� H. 0. Alderson, Director —of-Neighborhood Redevelopment APPROVED AS TO FORM G� H-'arold Willard,art City Attorney -10- CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES TOMMY CANTRELL APPRAISAL COMPANY ---- ------------ Part II - Terms and Conditions 1. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the City of Lubbock hereinafter referred to as the "City", shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the City, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor is determined. 2. Termination for Convenience of the City. The City may terminate this Contract any time by a notice in writing from the City to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid an amount which bears the same ratio.to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty per cent of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes. The City may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to this Contract. 4. Personnel. a. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. b. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract. 5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries. lf, in the performance of this Contract, there is any underpayment of salaries by the Contractor or by any subcontractor there- under, the City shall withhold from the Contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the'City for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the City for the latter's decision which shall be final with respect thereto. 8. Equal Employment Opportunity. During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing pro- visions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or in any way dis- criminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Compliance With Local Laws. The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. 11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the City. The Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. -2- 12. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City: Provided, however, that claims for money due or to become due the Contractor from the City under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 13. Interest of Members of City. No member of the governing body of the City, and no other officer, employee, or agent of the City who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 14. Interest of Other Local Public Officials. No member of the governing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 15. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. 16. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in any of the above -described Project Areas or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the per- formance of this Contract no person having any such interest shall be employed. 17. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any indi- vidual or organization without the prior written approval of the City.. U. S. Department of Housing and Urban Development HUD-621B Renewal Assistance Administration (2-69) -3- N, . EXHIBIT "A" PART I - 10TH YEAR COMMUNITY DEVELOPMENT PROGRAM Area 16 - Arnett Benson Area Parcel No. & Address 5190-38-30 2524 Bates 5190-40-40 2608 Bates 5190-41-30 2614 Bates Parcel No. & Address 5190-41-40 2616 Bates 5190-42-40 2620 Bates 5190-65-20 & 5190-64-10 2523 Bates & 2601-A Bates (Total Taking - 2601-A Bates) PART II - 11TH YEAR COMMUNITY DEVELOPMENT PROGRAM Area 7 - Arnett Benson Area - Detroit Widening Severance (partial taking for Detroit Widening) 54310-1-2 331 N. Detroit Avenue .(125' x 137.5') - Church Lots 1, 20 3, 4 and 5 in Block 1, Maddox Addition Sever East 34.455' (average) 54310-1-6 327 N. Detroit Avenue (85' x 137.5') The North 10 feet of Lot 9 and all of lots 6, 7 and 8 in Block 1, Maddox Addition Sever East 33.725' (average) and purchase structure. 54310-1-9 313 N. Detroit Avenue (90' x 137.5') - Grocery Store The South 15 feet of Lot 9 and all of Lots 10, 11 and 12 in Block 1, Maddox Addition Sever East 33.12' (average) Area 16 - Arnett Benson Area Parcel No. & Address 5190-39-20 2606 Bates 5190-40-30 2612 Bates 5190-64-20 2601-B Bates (Total Taking) Area 17 - Phyllis Wheatley Area (Total Takings) 93330-1-1 & 93330-1-2 1724 E. 34th Street 93330-1-3 3502 Teak Parcel No. & Address 5190-64-30 2603 Bates (Total Taking) 5190-64-40 2605 Bates (Vacant) (Total Taking) 93330-1-14 3403 Railroad Ave. 93330-1-5 (Church) 3508 Teak EXHIBIT "B" SCHEDULE OF ACQUISITION APPRAISAL FEES LOTH AND 11TH YEAR COMMUNITY DEVELOPMENT PROGRAM Single-family residential structure located on one parcel . . . . . . . . . . . . . . . . . . . Duplexes . . . . . . . . . . . . . . . . . . . . . . . . . . Two residential living units located on one parcel (detached units) . . . . . . . . . . . . . . . . For each extra living unit over two located on one parcel . . . . . . . . . . . . . . . . . . . Vacant parcel (residential use) estahlishine, land fair market value only . . . . . . . . . . . . . . . . Plus the following special situal.ions: 313 Detroit Avenue (grocery store, partial taking) . . . . 327 Detroit Avenue (residence, partial taking) . . . . . . 331 Detroit Avenue (church, partial taking) . . . . . . . . 3508 Teak Avenue (Jerusalem Temple) . . . . . . . . . . . . S250.00 per parcel S300.00 each S300.00 per parcel $100.00 for each living unit over two, per parcel S200.00 per lot S2,750.00 S500.00 S2,500.00 S1,850.00 Services rendered in connection with condemnation proceedings shall be at the rate of $500.00 per diem for each `till day's attendance in court, or S250.00 compensation when attendance is one half -day or less for appraisers without the MAI designation. Service rendered in preparation for condemnation proceedings shall be at the rate of S500 per diem for each full day's preparation for court or $62.50 per hour for appraisers without the MAI designation. These same services rendered by a MAI appraiser shall be at the rates of $1,000.00 per diem, $500 per one half -day or less and S125 per hour. EXHIBIT "C" TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS IN CONNECTION WITH ASSISTED PROJECTS. A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the require- ments of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project. B. The parties.to this contract will comply with the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, (published in 38 Federal Register 29220, October 23, 1973), and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this section 3 clause in every subcontract the work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with requirements of these regulations. E. Compliance with the provisions of section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135.135. Professional Services AFFIRMATIVE ACTION PLAN OF TOMMY CANTPELL APPRAISAL COMPANY TO PROVIDE EMPLOYMENT OPPORTUNITIES FOR BUSINESSES AND LOWER INCOME PERSONS LOCATED WITHIN THE SECTION 3 COVERED AREA 1. PURPOSE The purpose of this plan is to set forth procedures to be implemented by the contractor to assure compliance with the requirements of Section 3 of the Housing and Urban Development Act of 1968. 2. GENERAL The Contractor has carefully examined the provisions of Section 3 of the Housing and Urban Development Act of 1968 and understands the provisions of the Section 3 Clause (see Exhibit "A"). 3. NATURE OF WORK TO BE PERFORMED The work to be performed under the contract with the City involves pro- fessional services for Real Estate Appraisals The general contractor shall personally perform all of the professional services required by the contract, and will use subcontractors as needed to perform work in specialized areas. The total dollar amount of this contract is $ 16,000.00 4. AWARDS TO SUBCONTRACTORS The number, type, and estimated cost of all required subcontracts that the contractor estimates will be awarded as part of this contract are set forth in detail on the attached Schedule 2. Subcontractors will be required to submit Affirmative Action Plans in accordance with Section 3 of the Housing and Urban Development Act of 1968. 5. STATEMENT RELATIVE TO HOURLY PAID EMPLOYEES AND TRAINEES The contractor anticipates employment, on an hourly basis, of 0 individuals. The contractor will make every effort to fill such positions with lower income project area residents. The contractor's work force requirements are set forth in detail on the attached Schedule 1. 6. TARGET NUMBER AND DOLLAR AMOUNT, HOURLY PAID EMPLOYEES The contractor estimates that wages paid under this contract to persons employed on an hourly basis will be $ 0 The contractor establishes as his goal the employment of lower income project area residents to perform 0 % of said work. The actual dollar amount shall be determined by the actual amount of work performed by individuals employed on an hourly basis. 7. TARGET NUMBER AND DOLLAR AMOUNT, SUBCONTRACTORS The contractor establishes as his goal the letting of No subcontracts to Section 3 covered businesses. The total dollar amount of these subcontracts is estimated to be $ 0 (See Schedule 2.) 8. ANTICIPATED PROGRAM The contractor will achieve this goal by instituting a positive action program designated to inform all business concerns of his intent to employ persons to perform certain items of work necessary for the completion of this contract. The contractor, through the City Department of Neighborhood Redevelopment, will inform the Project Area Committee, S.E.R., and any other appropriate agencies or individuals of personnel requirements. 9. SECTION 3 COVERED AREA BOUNDARIES For the purpose of this Affirmative Action Plan, the Section 3 covered project area shall be the same as the corporate limits of the City of Lubbock, Texas. For the purpose of recruitment training and employment as required by Section 3, the priority area is set out in Exhibit "B" which shall apply. 10. TECHNICAL HELP The contractor shall rely on the City Department of Neighborhood Redevelopment for technical help in complying with Section 3 requirements. 11. NECESSARY PLAN MODIFICATION PROVISION The contractor shall modify this Affirmative Action Plan to conform to future guidelines or requirements issued by DHUD or the City relative to Section 3 of the Housing and Urban Development Act of 1968. 12. DEFINITION A. "The Contractor" means any entity which performs work in connection with a Section 3 covered project. B. "Business concerns located within the Section 3 covered area" mean those individuals or firms located within the established boundaries and which qualify as small under the small business size standards of the Small Business Administration, or firms which are 51% or more owned by persons -2- residing within the established boundaries and who qualify under SBA regulations as socially or economically disadvantaged, or as a small under the SBA criteria. C. "Lower Income Project Area Resident" means any individual who resides within the area of a Section 3 covered project and whose family income does not exceed 80% of the median income in the SMSA in which the Section 3 covered project is located. (Median income for the Lubbock SMSA in 1984 has been established at a level of $25,300.00 for a family of four.) (S nat re) Title: Owner - Tommy Cantrell Appraisl Company Date: May 9, 1985 -3- Schedule 1 TOMMY CANTRELL APPRAISAL COMPANY SCHEDULE 1 TO BE ATTACHED TO SECTION CONTRACTOR AFFIRMATIVE ACTION PLAN Position No. of Employees Required No. of Position Occupied By Permanent Employees No. of Vacant Positions Goal - No. Of Positions To Be Filled By Lower Income Project Area Residents Dollar Amount Appraisers 3 3 0 0 NA Secretaries 2 (one is part time) 2 (one is part time) 0 0 NA f SCHEDULE 2 TO BE ATTACHED TO SECTION 3 AFFIRMATIVE ACTION PLAN CONTRACTOR TOMMY CANTRELL APPRAISAL COMPANY DOLLAR AMOUNT IF SUBCONTRACT DOLLAR AMOUNT SECTION 3 COVERED BUSINESS � T- EXHIBIT "At' CONTRACT REQUIREMENTS .111 Every appllcant, recipient, con- tractinh patty, contractor, and subcon- tractor sdin)l Incorporate, or cause to be -incorporated. In all contracts for work In connection with it section 3 covered project, the following clause (referred to as a section 3 clausel : A. The work to be performed under this contract is on n project assisted un- der it proi:r•am providing: direct federal financial assistance from the Dot:nrt- meat of lionsin^_ and Urban Develop- ment and Is subject to the requa,mients of section 3 of the Ifousinrr: and Uruatt l>.vclopmcnt Act of 10G8, ns amcuc!rd, 12 U.ti.C. 17UIu. Section 3 requires that to the rrCalC.,t extent fena'lblc opnortuni- Ues Ior irnining, and employment be Oven . lower huomo residents of the Project nrcn and contracts for work In connection with the project be awarded to business concerns v.hich are located In. or owned in sub.M ntial part by per- sons residing. In the arra of the project. D. The partdes to this contract will Comply with the provisions of said see- tion 3 and the reg-ulations Issued pursu- ant thereto by the Secretary of lfousinf: and Urban Development set forth in 21 CFR , oral all anplicnble rules and orders of the Department Issued there- under prior to oic cNecution of this con- trnet. The parti?s t) this contract certify and a^_ree that they are under no con- tractunl or other disability which would prevent them from complying with these requirements. C. The contractor will send to each Ia- bor org^.nitation or reprrsentath•e of workers with which he has a collective barrainhig a7tcement or other contract or understandin.^_ if any a notice advis- Ing the said Inlor crianization or work- ers' renresentative of his commitments 'tinder this section 3 clause and shall post Copies of the notice In conspicuous places available to employees and applicants for emnlopincnt or training. D. The contractor will Include this section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial as- slstanee, take appropriate action pursu- ant to the subcontract upon a finding that the Subcontractor Is in violntlon of regulations Issued by the Secretary of Housing, : r.•; Urban Development, •, CFit .t ^ontractor will not sub- contract tcl;li :. subcontractor where it has notice or kro•..!^d.e that the Ia!!er Jim been found )n violation of rc1ula- ti3ns under 24 CFY. -- and will not let any subcontract unless the subcon- tractor has firit provided It with a arc- Ihnlnary statement of ability to comply with. the requirenienu of those regu- lations. E. Compliance w!!h the provisions of section 3, the re!:urntions set forth in L", CI.71 . and all a!-i;hcacic rules and orders of the Dep drttr.trrt lssurd there - Under prior to the c-,P:ut:on of tbT cnio- traet, shall be a conc:iti-an of the :'odor. l financial assistance prrddud to the prof - Cot, bindinz upon the applicant or 3-mil). lent for such assistance, its 51:e.essors. and assl!:ns. Failure to fulfill (hose re- qulrcnicnts shall sub!cct the applicant or recipient. Its contractors and s0xonlraC- tors. Its succcssmx, a;ic, as.-IMIs to those snnctions s!uci,'icd by the ttrant or loan nr.rcems:rtt or eorrtiac( throu:tIi- vthlelt 1'ct!ct'n) ns-istanrc Is provided, and to sorb sanctions m are specified Ly :4 CFIt 135. � R EXHIBIT "B" I w R i.rH I �t • ynrH Affirmative Action Plan The map above shows priority areas for recruitment, training and employment as required by Section 3 of the Housing and Urban Development Act of 1968. (Areas 16 and 17) SELECTION OF CONTRACT APPRAISERS 1. Was more than one appraiser considered? NO 2. Identification of other appraisers considered: NA 3. Summary of proposals considered: NA 4. Was the low proposal accepted: NA S. If the low appraisal proposal was not accepted, what considerations governed selection of the appraiser? NA 6. If only one appraiser was considered, explain basis for selection: This appraiser could go to work quickly, has been working the areas involved, has comparables already made, and his prices are in line with prevailing rates. 7. Actions that were taken to determine prevailing local rates for equivalent services: Other companies were called, and prices were compared. 8. Statement that a basis for determination of amount of compensation was provided in the proposed appraisal contract: The amount not to be exceeded is based on schedule of prices applied to properties for appraisal and an estimate was made of court preparation and appearance. 9. See attachment for the appraiser's qualifications. 1613 Avenue Q RESUME TOMMY CANTRELL Education Graduate of Texas Tech University, Lubbock, Texas Bachelor of Science Degree Lubbock, Texas 79401 Courses of the American Institute of Real Estate Appraisers Awarded the MAI Designation - 1976 Awarded the RM Designation - 1975 Several conferences and seminars sponsored by the American Institute of Real Estate Appraisers and the Society of Real Estate Appraisers Professional Organizations American Institute of Real Estate Appraisers - MAI Member Lubbock Board of Realtors - Realtor Member Multiple Listing Service West Texas Home Builders Association Experience 1979 to Present - Owner of Tommy Cantrell Appraisal Company - Real Estate Appraisers - Consultants 1975 to 1979 - Partner of Harris and Cantrell Company - A Real Estate, Appraisal, Counseling, and Marketing Firm 1969 to 1974 - Associate of Don L. Harris and Company - A Real Estate Appraisal Firm 1974 to 1977 - Instructor of Real Estate Courses at Texas Tech University Coauthored appraisal article in Texas Realtor magazine Community Service Lubbock Executive Association - Past President (1975) Greater Lubbock Rotary Club - Past President (1976-77) Member of Advisory Committee to Real Estate Management Program South Plains College - Lubbock DAVID JOHANSON 1613 Avenue Q Lubbock, Texas 79401 Education Graduate of Texas Tech University, Lubbock, Texas, 1976 Bachelor of Science Degree in Agricultural Economics (Real Estate Option) Courses of the American Institute of Real Estate Appraisers 1980 - Standards of Professional Practice 1979 - Capitalization Theory and Techniques 1978 - Single Family Residential Appraisal 1976 - Introduction to Appraisal Theory and Techniques Experience 1979 to Present - Tommy Cantrell Appraisal Company 1977 to 1979 - Fee Appraiser for Harris and Cantrell Company 1976 - Assisted Rex M. Kennedy, Ph.D. in farm appraisals and as an instructor of appraisal courses