HomeMy WebLinkAboutResolution - 1819 - Contract - Harold L Kelly - Acquisition Appraisal Review Services - 09/13/1984MH:js
RESOLUTION
Resolution 1819
September 13, 1984
Agenda Item #30
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 Review Services between the City of Lubbock and
Harold L. Kelly, 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 13th day of September , 1984.
'VAN HENRY, AYOR
ATTEST:
, City Secretary
APPROVED AS TO CONTENT:
zioalne'-
H. 0. Alderson, Director o -Neighborhood
Redevelopment
APPROVED AS TO FORM:
;KZ�L
Mich?le Hart, Assistant City Attorney
Resolution 1819
CONTRACT FOR ACQUISITION APPRAISAL REVIEW SERVICES
This Agreement, entered into this day of , 19 ,
by and between THE CITY OF LUBBOCK, State of Texas, hereinafter referred to as
the "City"; and Harold L. Kelly , hereinafter
referred to as the "Reviewer". The property to be acquired utilizing the services
of the Reviewer is to be acquired by the Urban Renewal Agency of the City of
Lubbock, State of Texas, hereinafter referred to as the "Agency".
WITNESSETH:
WHEREAS, the Agency proposes to acquire certain real property (more partic-
ularly described in Article 2 of this Agreement) and desires that the Reviewer
furnish -the City certain services with respect to such property, including the
review of appraisals of each parcel comprising part of such property, and the
Reviewer 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 Reviewer, for the consideration and under
the conditions hereinafter set forth, do agree as follows:
ARTICLE 1. APPRAISALS TO BE REVIEWED.
The appraisals of the real property to be provided the Reviewer shall
contain descriptions thereof and the interests or estate appraised therein,
including identification of any interest in the real property specifically
excluded from the appraisal. Attached hereto in Exhibit "A" and made a part
of this Agreement is a list of the descriptions of the real property appraised
for which reviews are to be performed.
ARTICLE 2. PURPOSE AND BASIS OF REVIEW APPRAISALS.
2.1 Purpose and Significance of Reviews. The reviews of appraisals here-
under are required by the City and the Agency for guidance in making fair and
impartial determinations of fair market value and just compensation to be offered
to each property owner. The text of each appraisal review report must cover all
matters germane to the required valuation findings and must provide an explanation
of the Reviewer's reasoning in establishing the recommended fair market value.
2.2 Concept of Value. The Reviewer's opinion'of-the fair market value
as contained within his review report 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 Reviewer's conclusion of value shall be as of
the date of the preparation of the appraisal report reviewed.
2.4 Relocation Assistance and Payments. The Reviewer's analyses and
opinions of property values shall not reflect any consideration of or allow-
ance for relocation assistance and payments provided under Title II of the Act
2.5 Influence of Project on Property Value. The Reviewer shall disallow
any decrease or increase in the market value of the real property to be acquired
prior to the date of valuation caused by the public improvement or project for
which the property is to be acquired, other than that due to physical deterior-
ation within the reasonable control of the owner. In the case of a partial
taking, the Reviewer shall allow any increase or decrease in value attributable
to the project for the remaining not -to -be acquired portion of the property.
ARTICLE 3. SCOPE OF REVIEWER'S SERVICES.
The Reviewer agrees to perform the following services:
3.1 Review of Appraisals. Review each appraisal of each parcel as listed
in Article 1 of this Agreement and prepare and deliver to the City one copy of
the report, 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
upon the receipt of the acquisition appraisal by the Review Appraiser.
3.2 Property Inspection. Personally inspect each of the properties in
accordance with each of the appraisal reports which have been furnished here-
under. The Reviewer shall give the owner an opportunity, by reasonable advance
notice in writing to accompany the Reviewer, or to have his designated repre-
sentative accompany the Reviwer during his detailed inspection of the property.
3.3 Valuation Data. Make such investigations, studies, and property
inspections as are appropriate to enable the Reviewer to determine the accuracy
and adequacy of the appraisal reports reviewed. The Reviewer shall verify the
comparable sales contained within the appraisal reports relied upon by the
appraiser in forming his opinion of the fair market value of the property
appraised. Such verification shall include an inspection of the sale property
which has been included in the appraisal report as comparable to the subject
property.
3.4 Corrections of Delivered Appraisal Reports. The Reviewer shall require
the appraiser to make all necessary corrections in the reports submitted, partic-
ularly
articularly those needed to ensure substantial consistency in the factual data contained
therein.
3.5 Retention of Review Reports and Records. The Reviewer shall retain
a copy of each review report and all notes and records germain to his report
for three (3) years after delivering the review report to the City and the
Agency or until the property is acquired by the Agency or its proposed acqui-
sition of the property is abandoned, whichever is later.
3.6 Consultation with City. The Reviewer shall advise and consult with
the City and its legal counsel regarding services performed and to be performed
by the Reviewer in the real property acquisition aspects of the Agency's plans
and programs as related to the properties involved in this agreement as may
be necessary to enable the Reviewer to complete his reports.
ARTICLE 4. CONTENTS OF REVIEW REPORTS.
The review report to be furnished by the Reviewer to the City and the
Agency in accordance with this agreement shall contain certain information
and the Reviewer's conclusions and opinions thereon. A separate report shall
be submitted for each appraisal reviewed.
4.1 Review Report. Each review report shall be completed to provide
the following:
a. Project name.
b. Parcel number, address and legal description of property.
c. Name or names of owner(s).
d. Name or names of tenant(s).
e. List of the buildings, structures, fixtures and other improvements
located on the property.
f. List of tenant -owned buildings, structures, fixtures and other improve-
ments located on the property.
g. Acquisiton appraisers valuation of the items listed in a and f.
h. Review appraisers recommended value of the items listed in a and f.
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i. List necessary valuations in case of a partial taking.
J. Date the acquisition appraisal was received.
k. Statement that the acquisition appraisal report is adequate, acceptable
and all corrections have been completed by the appraiser.
1. Date the inspection of the subject property and who accompanied the
Reviewer during his inspection.
m. Date of the inspection of the comparables.
n. Report of unlawful condition or occupancy.
o. Estimate of the fair market value.
p. Signature of the Reviewer and date of the review report.
4.2 Analysis of Property Valuation. The opinion of the Reivewer as to the
fair market value of the property shall be stated within the review report together
with a statement of the Reviewer's basis for conclusions as to fair market value.
ARTICLE 5. SERVICES TO BE PROVIDED BY 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 which are the subjects of the appraisal reports to be reviewed.
5.2 Appraisal Reports. A copy of each of the appraisal reports to be
reviewed shall be furnished to the Reviewer which shall contain all pertinent
information, including ownership data, property descriptions, and conclusions
of the appraiser therein.
ARITCLE 6. PAYMENT.
In consideration of the undertakings and agreements on the part of the
Reviewer contained in this Agreement, the City agrees to make payments to
the Reviewer upon completion of the services to be provided hereunder upon
submission to the City of properly certified invoices therefor, as follows:
For review appraisal services and review reports furnished by the Reviewer
in accordance with Article 4 hereof and accepted by the City, and for all other
review reports as may be required by the City, payments shall not exceed the
total sum of $2,100.00 , payable in accordance with the attached schedule,
marked as Exhibit "B", which shall constitute full payment to the Reviewer for
all of said services, for all supplies, materials.and equipment used or furnished
by the Reviewer and all expenses incurred by the Reviewer in or in connection
with the performance of the services hereunder.
In the event the City requests services to be performed by the Reviewer
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 Reviewer shall be
based upon the most current contract for appraisal review services existing at
the time work is requested.
ARTICLE 7. REPRESENTATIONS AND AGREEMENTS OF REVIEWER.
As an inducement to the execution of this Agreement by the City, and in
consideration of the agreements to be performed by the City, the Reviewer
represents and agrees that:
7.1 Qualifications. The Reviewer is qualified to perform the appraisal
review 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.
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7.2 Solicitation or Procurement of Agreement. The Reviewer 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 procurement of this Agreement.
7.3 Interest of Reviewer and Reviewer's Employees. The Reviewer 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 Reviewer and any employees of the Reviewer, so long
as they are employed by the Reviewer, 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 connections 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 persons, other than to duly authorized
representatives of 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 Reviewer has and will continue,to have
property facilities and personnel to perform the services and work agreed to be
performed hereunder.
7.6 Equal Employment Opportunity. During the performance of this Agreement:
a. The Reviewer will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, or national
origin. The Reviewer 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, recruit-
ment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training,
including apprenticeship. The Reviewer agrees to post in conspicuous
places, available to employees and applicants for employments, notices
to be provided by the City setting forth the provisions of this
nondiscrimination clause.
b. The Reviewer will, in all solocitations or advertisements for employees
placed by or on behalf of the Reviewer, state that all qualified appli-
cants will receive consideration for employment without regard to race,
color, religion, sex, or national origin.
7.7 Assignment. The Reviewer'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 Reviewer 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 Reviewer, may modify the
scipe or quanity of the services to be furnished under this Agreement. If such
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4
changes cause an increase or decrease in the amount of services to be provided
by the Reviewer or in the time required for their performance, an equitable
adjustment shall be made in the provisions of this Agreement for payments to
the Reviewer or for the time for the 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 Reviewer shall fail to fulfill in a timely and
proper manner his obligations under this Agreement, or if the Reviewer shall
violate any of the covenants or agreements thereof, the City may upon written
notice to the Reviewer terminate the right of the Reviewer to proceed under
this Agreement or with such part or parts thereof as to which there has been
default, and may hold the Reviewer liable for any damages caused to the City
by reason of such default or termination.
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 the 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 State 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.
Any action, notice, or request taken, given or made by the City here-
under 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 Reviewer, designate for such purpose. All notices given or made
to the Reviewer hereunder shall be deemed to be duly and properly given or made
if mailed to the address specified below, or delivered personally to the
Reviewer. All notices or other papers given or delivered to the City here-
under shall be deemed to be sufficiently given or delivered if mailed, postage
prepaid, to the Neighborhood Redevelopment Department of the City of Lubbock,
Texas, 911 10th Street, P. 0. Box 2000, Lubbock, Texas 79457, or to such
other representative or address as the City may designate to the Reviewer in
writing.
ARTICLE 13. AFFIRMATIVE ACTION PLAN.
The Reviewer 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.
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IN WITNESS WHEREOF, the City and the Reviewer have executed this
Agreement on or as of the date first above written.
ATTEST:
qRANETTBOYD, CITY SECRETARY
APPROVED AS TO CONTENT:
H. 0. ALDERSON, DIRECTOR
NEIGHBORHOOD REDEVELOPMENT
APPROVED AS TO FORM:
MIA",
I .ELE HARP, A ISTANT CITY ATTORNEY
REVIEWER
ADDRESS
CITY STATE ZIP CODE
THE CITY OF B CK, TE
BY:
AN HENRY, Oq'YO
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EXHIBIT "A"
AREA 16 - Arnett Benson Area
93330-3-5
Parcel No. & Address
Parcel No. & Address
5190-38-30
5190-41-40
2524 Bates
2616 Bates
5190-40-40
5190-42-40
2608 Bates
2620 Bates _
5190-41-30
5190-65-20 & 5190-64-10
2614 Bates
2523 Bates & 260]A Bates
AREA 17 - Phvllis Wheatlev Area
93330-3-1
93330-3-5
3501 Ute
3509 Ute
93330-3-2
93330-3-6
3503 Ute
3511 Ute
93330-3-3
93330-3-7
3505 Ute
3513 Ute
93330-3-4
93330-3-10
3507 Ute
3508 Vanda
Appraisal review reports for the referenced parcels shall be delivered
to the City within fifteen (15) calendar days from the date of receipt
of the acquisition appraisal by the Reviewer.
EXHIBIT "B"
SCHEDULE OF ACQUISITION APPRAISAL REVIEW FEES
10TH YEAR COMMUNITY DEVELOPMENT PROGRAM
Single-family residential structure
located on one parcel . . . . . . . . . . . . . . . . . . . $135.00 ,per parcel
Duplexes . . . . . . . . .. . $150.00 each
..............
Two residential living units located on
one parcel (detached units) . . . . . . . . . . . . . . . . $150.00 per parcel
For each extra living unit over two
located on one parcel ... . . . . . . . . . . . . . . . . . $60.00 for each
living unit over
two, per parcel
Vacant parcel (residential use) establishing
land fair market value only . . . . . . . . . . . . . . $90.00 per lot
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 thatthe 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.
CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES
HAROLD L. KELLY�_______�_
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. If, 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 br 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.
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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)
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Professional Services
AFFIRMATIVE ACTION PLAN OF
HAROLD L. KELLY
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 Review Appraisals The
general contractor shall personally perform all of the professional services
required by the contract, and will use subcontradtors as needed to perform
work in specialized areas. The total dollar amount of this contract is
$ 2,100.00
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 no
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 $ Not Applicable . 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 $ Nil (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.)
Title:
Date:
-3-
(Signature)
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SCHEDULE 2 TO BE ATTACHED
TO' SECTION 3 AFFIRMATIVE
ACTION PLAN
CONTRACTOR HAROLD L. KELLY
DOLLAR AMOUNT IF
SUBCONTRACT DOLLAR AMOUNT SECTION 3 COVERED BUSINESS
AFFIRMATIVE ACTION PLAN
i
EXHIBIT "A"
CONTRACT REQUIREMENTS
;(sal )perp Applicant; recipient, con-
tracting party. Contractor. and subcon-
tractor shall incorporate. or cause to be
.incorporated. in All contracts for work
In connection r.•ith a rection 3 entered
project, the following clause (referred to
as a section 3 clauses :
A. The Nvork to be performed under
this contract is on a project assisted un-
der a prorrim providing• direct rcdcral
tinanci.^.1 assieWlicc from the Depart-
ment of 11011A !and Urban Ucselnp-
ment and is .tlhjcct to the requiccmrvlts
of :vection 3 of the l tousinrr, and Urimn
INvelopmcnt Act of 1968, ns amerurd. 12
U.S.C. 17U1u. section 3 renuires that to
the rrc ttc-t exlcat fenaitrlc opnortuni-
ties for training and employnlc•itt be
given lower income resldcnts of the
project arca and contracts for work in
connection with the prosect be awarded
to business concerns twhich are located
ill. orotwred in sub;tnlitial part by per-
sons residin:m. in the nira of the project.
13. The iiartics to 1:1is contract will
Comply with the proviciorls of said see -
tion 3 and the rc::•ulations issued pursu-
ant thereto by the Secretary of housing
and Urban Develorment set forth in 2t
CFR . ar.d all anlllicible rules and
orders of the Denartment issued there-
under prior to the execution of this con-
tract. The Parti?s to this contract certify
and agree th-it they ire under no con-
tractunl or other disability which would
prevent them from complyin" with these
requirements.
C. The contr, ctor will send to each la-
bor orginizatimn or representative of
nor>:ers twith a•hi:h he 11-15 a collective
bargaining agreement or other contract
or understanding... if any. a notice advis-
in- the :aid la` -or cr7aniz: tion or worl:-
' ers' reinesertatlwe of i:i; commitnlel]ts
irlder this sectim 3 clause and shall post
copies of the notice ill conspicuous places
available to employees and applicants for
emnloyznent or training.
D. The contractor ct•i'.l include this
seCtiolt 3 clause in every subcontract for
wort: in connection with the protect and
,will. at the dircction of the applicant
for or recipient of Federal financial as-
slstance, take appro prilte action purse-
. tent to tile subccntract upon a finding
that the gubcontracto: is in xiolatlort of
resulatiens issued by the Socretnl•y of
1Iousing Urbnn Development, l
Cyjl ...c :•ontr-1ctor will not, sub-
contract t�:i.h :.:. stibcontractor where
it has notice or kr.o-x!.ed^,e that the lattcl'
has been found in violation of rc;ul a -
tions under 2.4 CFIt — and will not
let any subconhact unla>s the silbcorl-
tractor has flat !1rovidcd it With a pre-
lhninary statement of agility to comply
__ ..._ uitlt __tbc_.Iequircnlenla of these rcra-
lations.
E. Comtlliance teeth the provisions of
ection 3, the re-ulations set forth in t
CI7t a_cl all ill%irc�iac
tiles and
orders of the DcPartmmt Issrcd there-
tmecr prior to the cm: :llf:oll of ll:: coil -
tract, shall be •r. concltiXn Of the I cder:'l
f1I1at1Ci�1 aS5i5tn:1CC 1'1"cwlc:gid to tilt; 111•ol-
ect, bindin; trpml the ap;ilicant or r,^cip-
ient for such issi;tanco, its successors.
and nssi^,ns. failure t3 fulfill these rc-
qutrcnlcntsshall aub'c�t the aPPlicant or
reciplc'lt, its contrortors and su :contrac-
tors. Its succes;orc. n:16 ;ts:l:.r:s to those
r•at4ctions spcci;rctl by the grant or lout
n.r.recmonnt or contract throw••^.it N011ell
1'cc!r.r:1 at�lstnncc is pro%W--.(l, ;lad 0
Lich sanctions as nee specified t:Y 24
C1'It. .135.
EXHIBIT "B"
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Affirmative Action Plan
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17
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)
Harold L. Kelly
SELECTION OF CONTRACT APPRAISERS
1. Was more than one appraiser considered?
No
2. Identification of other appraisers considered:
Not Applicable
3. Summary of proposals considered:
Not Applicable
4. Was the low proposal accepted:
Not Applicable
5. If the low appraisal proposal was not accepted, what considerations governed
selection of the appraiser?
Mr. Kelly is the dean of the local appraisers. His ability and past performance
has been exceedingly satisfactory. The charges for his services have been fair
for services rendered.
6. If only one appraiser was considered, explain basis for selection:
Mr. Kelly has been doing our review appraisals ever since this system was
established. We find the charges for his services to be fair, and the
coordination between him and the other appraisers to be exceptional. Since
we work under a limited time period, this coordination becomes a necessity.
7. Actions that were taken to determine prevailing local rates for equivalent
services:
Discussion with local appraisers, Texas Highway Department, local funding
institutions and comparison of previous appraisal costs.
8. Statement that a basis for determination of amount of compensation was
provided in the proposed appraisal contract:
An average cost per parcel was agreed after discussion, examination of maps
and tax information and site inspection.
9. See attachment for the appraiser's qualifications.'
i-11 fications
Harold L. Kelly
4505 14th Street, Lubbook, Texas
1. Memberships Include:
Senior Real Property Appraiser of the Society of Real Estate Appraisers
Lubbock Real Estate Board
Licensed Broker, Texas
2. Partial List of Important Clients:
Lubbock Urban Renewal Agency
Independence, Missouri Urban Renewal Agency
Veterans Administration
Federal Housing Administration
Texas Highway Department
Lubbock County
City of Lubbock
The Lubbock National Bank
First Federal Savings & Loan Association of Lubbock
Republic National Bank of Dallas, Texas
Gulf Oil Corporation .
Pan American Petroleum Corporation
Argonaut Realty Division of General Motors
The Aluminum Co. of America
Charles Pfizer & Co.
The Southwestern Bell Telephone Co.
The Santa Fe Railroad
Eli Lilly & Co.
General Foods Corporation
American Grain Co. of Plainview, Texas
3. Background and Experience
Engaged in appraising as an independent appraiser since 1949•
Three and one-half years with the Federal Housing Administration.
B.A. Degree, Architectural Major, Rice University, Houston, Texas.
Successfully completed the American Institute of Real Estate Appraisers
courses I, II, and IV.
January, 1979