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03-0110_GARY L VOGT AND ASSOCIATES_Personal Services AgreementPERSONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this J�day of January, 2003, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and GARY L. VOGT AND ASSOCIATES, (hereinafter referred to as "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultantto prepare an appraisal of the market value of two single-family residential structures currently located on the San Diego Gas and Electric property on Camino Capistrano; and WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference. Consultant warrants that all of its services shall be performed in a competent, professional and satisfactory manner and in accordance with the prevalent standards of its profession. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall be completed by no later than January 30, 2003. Section 3. Compensation. 3.1 Amount. Total compensation for the scope of services for this Project shall not exceed One Thousand Five Hundred Dollars and no cents ($1,500.00), as set forth in Exhibit "A," attached and incorporated herein by reference. 3.2 Rate Schedule. The services shall be billed for services as set forth in Exhibit "A," attached and incorporated herein by reference. Included within the compensation are all the Consultant's ordinary office and overhead expenses incurred by it, its agents and employees, including meetings with the City representatives and incidental costs to VOGTAGREEMENT.wpd 1 of 7 12/30/02 perform the stipulated services. Submittals shall be in accordance with Consultant's proposal. 3.3 Method of Payment. Consultant shall submit monthly invoices based on total services which have been satisfactorily completed and specifying a percentage of projected completion for approval by the City. The City will pay monthly progress payments based on approved invoices in accordance with this Section. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. 3.4 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractorand City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forthwith particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. VOGTAGREEMENT.wpd 2 of 7 12/30/02 Section 7. Familiarity with Work and Construction Site By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; and (2) understands the facilities, difficulties and restrictions of the work underthis Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultantshall complywith all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product At the completion of the contract period, Consultant shall have delivered to City at least one (1) copy of any final reports and architectural drawings containing Consultant's findings, conclusions, and recommendations with any support documentation. All reports submitted to the City shall be in reproducible format. All services to be rendered hereundershall be subjectto the direction and approval of the City. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuantto this Agreement are confidential to the extent permitted bylaw, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. VOGTAGREEMENT.wpd 3 of 7 12/30102 Section 13. Indemnity. Consultant agrees to protect, defend and hold harmless City, its elected and appointed officials and employeesfrom anyand all claims, liabilities, expenses ordamages of any nature, including attorneys' fees, for injury or death of any person or damage to property or interference with use of property and for errors and omissions committed by Consultant arising out of or in connection with the work, operation or activities of Consultant, its agents, employees and subcontractors in carrying out its obligations under this Agreement. Section 14. Termination. City and Consultant shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to the other party. In addition, this Agreement maybe terminated for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 15. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Lynnette Adolphson, Management Analyst To Consultant: Gary L. Vogt and Associates Real Estate Appraisers and Consultants 33191 Paseo Blanco San Juan Capistrano, CA 92675 Section 16. Attorneys' Fees. If any action at law or in equity is necessaryto enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. VOGTAGREEMENT.wpd 4 of 7 12/30/02 Section 17. Dispute Resolution In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 18. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto CITY OF M executed this Agreement. AN APISTRANO City Manager GARY L. VOGT AIYD ASSOCIATES By: _,,� Gary L. Vogt, MAI ATTEST: n Mar art R. Monahan, City Clerk AS TO FORM: John R. Sh w, ' Attorney VOGTAGREEMENT.wpd 5 of 7 12/30/02 12/17/2002 14:34 TELEPHONE. (949) 411&11029 FACSIMILE: (949)4112-11020 E-MAIL 91VO910O9 Ot 9494898028 GARY VOGT A 50CIATES GARY L. VOGT AND ASSOCIATES REAL ESTATE APPRAISERS AND CONSULTANTS 33191 PASEO HLANCO SAN JUAN CAPISTRANO. CA 92675 VIA FAX TO 493-1053 December 17, 2002 Lynnette Adolphson Planning Department City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Dear Lynnette: PAGE 02 GARY L. VOGT. MAI MEMBER, APPRAISAL INSTITUTE CERTIFIED GENERAL NO. AG007272 At your request, I have given consideration to the timing and scope of work required to complete an appraisal of the market value of two single family residential structures currently located on San Diego Gas & Electric property on Camino Capistrano. It is my understanding that SD & GE intends to donate the homes to anyone willing to move the structures to another site or sites and will use the appraisal to support a tax writeoff- It is also my understanding that the City has obtained estimates of the cost to move the structures and also to rehabilitate them to habitable condition. I can complete an appraisal setting forth the estimated net market value of each home within approximately 30 days after receipt of written authorization to proceed- My fee would be $1,500 The appraisal would be prepared in a Summary format as defined by USPAP and would also comply with IRS standards for appraisal reports submitted in support of charitable deductions. If I am authorized to proceed with the assignment, I will need access to the properties and copies of the moving and rehabilitation estimates. I appreciate the opportunity to submit a proposal. Please call if you have any questions. Sincerely - CCL Gary L. Vogt, MAI EXHIBIT A