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AGREEMENT FOR PERSONAL SERVICES BETWEEN THE CITY OF MOSCOW, IDAHO AND RUBY STROSCHEIN of GEM VALLEY APPRAISAL SERVICES FOR RIGHT-OF-WAY FEE APPRAISALS FOR STREET, MOSCOW, STAGE 2 FEDERAL AID PROJECT NO.STP-M-7564(004) KEY NO. 03546 THIS AGREEMENT FOR PERSONAL SERV ES FOR RIGHT -OF-WAY FEE APPRAISALS, is made and entered into on the ,1.flj day of 2011, by and between the CITY OF MOSCOW, IDAHO, 206 East Third Street, M OW! daho, 83843 (hereinafter the "City"), and RUBY STROSCHEIN of GEM VALLEY APPRAISAL SERVICES (hereinafter the "Appraiser"). This is a personal service contract. Whenever the term Appraiser is used herein it shall refer to RUBY STROSCHEIN, not the business entity. Purpose: The City is undertaking to make certain highway improvements involving the possible acquisition of real property, and requires the service of a qualified appraiser for the appraisal of certain parcels of real estate. Terms: The parties hereby agree to the following terms and conditions: 1. The Appraiser shall appraise certain real properties, designated in paragraph 6 below, in conformance with the State of Idaho Transportation Department's latest Appraisal Guide (lTD 1453), USP AP (Uniform Standards of Professional Appraisal Practice), and UASFLA (Uniform Appraisal Standards for Federal Land Acquisitions). The Appraiser shall submit four ( 4) original appraisal reports to the City Engineer for each parcel. Each report shall follow and comply fully with the above referenced standards and guides for the type of report requested below and shall not be considered a completed appraisal unless the reports are in compliance. 2. All work under this Agreement shall be completed, including the delivery of complete appraisal reports, no later than the due date(s) as shown in paragraph 6. Time is of the essence in this Agreement. The Appraiser shall notify the City in writing within five working days of any delay caused by the City which would interfere with completing appraisals within the time called for in this Agreement. If the Appraiser fails to complete the appraisals by the date agreed upon, or within any extended time allowed by the City, the Appraiser shall pay or allow to the City the sum of one hundred dollars 00) per day as liquidated and ascertained damages for every day beyond the set date or extended time, as the case may be, during which the appraisals shall remain unfinished, and such damages may be deducted by the City any monies due the Appraiser. 3. The date of appraisal established by the Appraiser shall be set out in the appraisal report and the report shall be transmitted to the City within seven days of the date of the appraisal. The Appraiser agrees to make updates on appraisals, if requested by the City within one hundred eighty ( 180) days of transmittal, for an amount not to exceed fifty percent (50%) of the per parcel fee set out in paragraph 5 of this Agreement unless otherwise agreed upon due to added requirements by the City (see paragraph 8 of this Agreement). Page I of6 ---PAGE BREAK--- 4. The City will furnish the official right of way plans, title reports for fee acquisition of right-of-way parcels, and last title of record for permanent and temporary easement parcels. Any additional information required shall be the responsibility of the Appraiser. If value for a leasehold interest on the site of an outdoor advertising sign is required, do not include that value in the total Just Compensation. ALL signs will be photographed and the location identified. No valuation is required on the sign structure itself. 5. The parcels to be appraised, the type of report required for each parcel, and the total compensation for each parcel appraised is set out as follows: Parcel Parcel ID Last Name Type of Date Due Fee # Appraisal 1 03546L01 Emanuel Lutherans lTD 2288 09/26/2011 $650.00 2 03546L02 Daniel Miller Trust lTD 2288 09/26/2011 $450.00 3 03546L03 Fredenburg lTD 2288 09/26/2011 $650.00 4 03546L04 Eng lTD 2288 09/26/2011 $650.00 5 03546L05 Sabbath House lTD 2288 09/26/2011 $450.00 6 03546L06 Rogers lTD 2288 09/26/2011 $450.00 7 03546L07 Wharton lTD 2288 09/26/2011 $450.00 8 03546L08 Davis lTD 2288 09/26/2011 $450.00 9 03546L09 Fisher lTD 2288 10/03/2011 $450.00 10 03546L10 Jaklich lTD 2288 10/03/2011 $850.00 11 03546L11 Frazier lTD 2288 10/03/2011 $450.00 12 03546L12 Frazier lTD 2288 10/03/2011 $450.00 13 03546L13 Young lTD 2288 10/03/2011 $450.00 14 03546L14 Uptmor lTD 2288 10/03/2011 $450.00 15 03546Ll 5 Hatfield lTD 2288 10/03/2011 $450.00 16 03546L16 Joan C. Kneass Trust lTD 2288 10/03/2011 $650.00 17 03546L17 Smith lTD 2288 10/10/2011 $650.00 18 03546L18 Gropp lTD 2288 10/10/2011 $650.00 19 03546L19 Warsham lTD 2288 10/10/2011 $650.00 20 03546L20 Warsham lTD 2288 10/10/2011 $650.00 21 03546L21 KDA Investments LLC lTD 2288 10/10/2011 $850.00 22 03546L22 McGouch lTD 2288 10/10/2011 $650.00 23 03546L23 Anderson lTD 2288 10/10/2011 $650.00 24 03546L24 Anderson lTD 2288 10/10/2011 $650.00 25 03546L25 Becker lTD 2288 10/17/2011 $650.00 26 03546L26 Univ. City Holdings 2 lTD 2288 10/17/2011 $650.00 27 03546L27 Lawton Enterprises LLC lTD 2288 10/17/2011 $450.00 28 03546L28 Rosen lTD 2288 10/17/2011 $650.00 29 03546L29 CNL Funding 2000-A lTD 2288 10117/2011 $650.00 30 03546L30 J L Shawley Rental LLC lTD 2288 10/17/2011 $650.00 31 03546L31 Juscen lTD 2288 10/17/2011 $650.00 Total Fee Amount $18,150.00 Note: Effective Date ofReport(s): Current Page 2 of6 ---PAGE BREAK--- Additional Notes: None Any costs incurred by the Appraiser in completing the above appraisal(s) shall be the responsibility of the Appraiser and included within the fees established above, unless otherwise set out below * or specifically assumed in writing by the City in advance of such costs being incurred. *Costs to be paid by the City: None 6. Payment shall be made as follows: Partial payment of no less than fifty percent (50%) of the fee for each appraisal shall be due upon delivery and acceptance of the report by the City Engineer. The balance of the fee shall be due upon final review and acceptance by the City. 7. The amount of fees to be paid by the City to the Appraiser shall not be contingent upon, nor determined by the appraised value of the property being appraised. 8. In the event the City should request additional services not provided for by this Agreement by reason of change of plans, addition of project parcels, or necessary updates, such additional work or services shall be negotiated and paid by a written supplemental agreement. 9. Prior to completion, should the City require substantially less information or services than contemplated or provided for herein, the Appraiser agrees to prorate the above fees to a lesser amount accordingly. The City shall give notice to the Appraiser in writing if less information or services are required by the City. 10. The City may terminate this Agreement at any time upon giving notice of termination as hereinafter provided, for any of the following reasons: a. That the Appraiser is not complying with the terms of this Agreement. b. That the progress or quality of the Appraiser's work is unsatisfactory to the City. c. That by reason of changes in the project, the City does not require completion of Appraiser's work. Upon giving the Appraiser notice in writing of termination for reasons or Appraiser shall have ten (1 0) days in which to correct or remedy any default, and upon the Appraiser's failure to do so within said time, this Agreement shall terminate. Any satisfactory work, which is com pleted or partially completed, shall be paid for by the City on a pro-rata basis, if such partially completed work is determined usable by the City. The City will have ownership of this work product. 11. The Appraiser warrants that no company, firm or person, other than a bona fide employee working solely for the Appraiser, has been employed or retained to solicit or secure this Agreement, and the Appraiser has not paid or agreed to pay any company, firm or person, other than a bona fide employee working solely for the Appraiser any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to void this Agreement without liability. The Appraiser is required to personally conduct all initial property owner contacts and subsequent property owner contacts unless permission has been obtained from the Appraisal Coordinator allowing assistants/associates to conduct these interviews. The Appraiser shall personally direct all questions during the appraisal phase to the City Engineer unless permission has been obtained from the City Engineer allowing a departure from these procedures. The Appraiser shall be fully responsible and personally review the appraisals submitted for completeness, quality, and Page 3 of6 ---PAGE BREAK--- contractual compliance. All opinions and conclusions contained in the appraisal reports shall be the Appraiser's. If the work is completed by other than the Appraiser as set out above, the provisions of Appendix A attached hereto shall apply and become a part of this Agreement. (See paragraph 15). 12. If the Appraiser fails to complete the report(s) in accordance with the Standards as set out in Paragraph 1 above, or errors and/or omissions are found requiring revisions and/or correction, the Appraiser shall be informed in writing and granted ten (1 0) days to correct the specified deficiencies. No additional compensation will be paid to bring the report into compliance. The time utilized by the City for its Review Process will not accumulate against liquidated damages. Failure of the Appraiser to correct any and all errors or omissions under the Agreement to the satisfaction of the review appraisers within the specified time shall cause forfeiture of the withheld amount. 13. The Appraiser shall save harmless the City and representatives thereof from all claims of any kind and liability due to activities of himself, his agents or employees. 14. The Appraiser at all times shall observe and comply with all federal, state and local laws and ordinances applicable to the work. 15. No portion of the work shall be sublet, transferred or assigned except by prior written consent of the City. 16. The Appraiser understands and agrees that his/her independent estimate of value is sought and if another person is employed to value the same parcel, the Appraiser shall not discuss or otherwise exchange valuation information that would disclose or tend to reveal either person's judgment of value to the other. 17. The Appraiser agrees, upon reasonable notice, to appear for conferences with legal counsel of the City, to appear for depositions, and to appear in court to testify concerning his/her appraisals at such times as the said legal counsel shall deem necessary. The Appraiser is required to personally testify in court unless permission has been obtained from the City Engineer allowing assistants/associates to testify. 18. That in the performance of this Agreement the Appraiser shall be deemed to be an independent contractor and not an employee, servant or agent of the City. 19. The Appraiser shall submit a Certificate of Insurance providing for Workman's Compensation Insurance prior to acceptance of this contract by the City. The Appraiser agrees to keep insurance in full force during the time frame of this contract. 20. The Appraiser agrees not to perform appraisal services for other private individuals on this project without obtaining a written release from the City to avoid any possible conflict of interest. Page 4 of6 ---PAGE BREAK--- APPROVED BY APPRAISER CITY Gem Valley Appraisal Services City of Moscow, Idaho Ruby M. St oschem ACKNOWLEDGEMENT STATE OF Uaho County of L-afA-1--- ) ) ss. ) On this day of , 20 l l, before me, a Notary Public, in and for said State, personally appeared Rub# M. oschein, known to me, and/or Identified to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. Page 5 of6 ---PAGE BREAK--- APPENDIX A During the performance of work covered by this Agreement, Gem Valley Appraisal Services, for itself, its signee and successors in interest (hereinafter referred to as the "Appraiser"), agrees as follows: 1. Compliance with Regulations: The Appraiser during the performance of work covered by this Agreement shall comply with all regulations of the Federal Highway Administration relative to Civil Rights with specific reference to Title 49 CFR Part 21, Title 41 CFR Part 60, Civil Rights Act of 1964 as amended, and Executive Order 11246. 2. Nondiscrimination: The Appraiser, with regard to the work performed during the term of this Agreement, shall not in any way discriminate against any employee or applicant for employment; subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other individual or firm providing or proposing services based on race, color, religion, sex or national origin. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by bidding or negotiation, made by the Appraiser for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware, by the Appraiser, of the obligations of this Agreement and to the civil rights requirements based on race, color, religion, sex, or national ongm. 4. Information and Reports: The Appraiser shall provide all information and reports required by regulations and/or directives and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the State of Idaho, Transportation Department or Federal Highway Administration. The Appraiser will be required to retain all records for a period of five ( 5) years. 5. Sanctions for Noncompliance: In the event the Appraiser is in noncompliance with the civil rights provisions of this Agreement, the Idaho Transportation Department shall impose such sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Appraiser until compliance has been achieved and/or b. Cancellation, termination or suspension of the Agreement, in whole or in part. 6. Incorporation of the Provisions: The Appraiser shall physically include this Appendix in every subcontract of ten thousand dollars 0,000) or more to include procurement of materials and leases of equipment unless exempt by regulations, orders, or directives pursuant thereto. The Appraiser shall take such action with respect to subcontractor or procurement as the Idaho Transportation Department or Federal Highway Administration may direct as a means of enforcing the provisions, including sanctions for noncompliance. In the event the Appraiser becomes involved in, or is threatened with litigation with subcontractors or suppliers as a result of such direction, the Appraiser may request the State to enter into such litigation to protect the interest of the State, and in addition, the Appraiser may request the United States to enter into such litigation to protect the interest of the United States. Page 6 of6