HomeMy WebLinkAboutBrian P. Murphy/Utilities Brian P.Murphy t icQ C f ( L. (72 2 0. 0.2- 06-
Utilities-2002
Appraisal-Lacy Family Farm
Appropriation#02-3030-20;P.O.#W04183
Contract Not To Exceed$3,000.00
APPROVED AS TO
AGREEMENT FOR PROFESSIONAL SERVICES FORM 61(:
THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement"), is hereby made and
entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works
and Safety (hereinafter "City"), and Brian P. Murphy(hereinafter "Professional").
RECITALS
WHEREAS, City owns and is responsible for its public works, its public sewer and water systems,
and its infrastructure; and
WHEREAS, from time to time, City needs professional appraisal services (the "Services") to
assist it in fulfilling its foregoing responsibilities; and
WHEREAS, Professional is experienced in providing and desires to provide to City the Services
referenced herein; and
WHEREAS, City desires to engage Professional as an independent contractor for the purpose of
providing to City the Services referenced herein;
NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions
set forth herein, City and Professional mutually agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The foregoing Recitals are hereby incorporated into this Agreement and made a part hereof.
SECTION 2. SCOPE OF SERVICES
2.1 City desires to engage Professional as an independent contractor for the Services set forth in
attached Exhibit A,incorporated herein by this reference.
2.2 Professional understands and agrees that City may, from time to time, request Professional to
provide additional or modified Services, the scope of which shall be as requested and defined by
the Mayor or his duly authorized representative and attached hereto in the order approved by City.
2.3 Time is of the essence of this Agreement.
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Brian P.Murphy
Utilities-2002
Appraisal-Lacy Family Farm
Appropriation#02-3030-20;P.O.#W04183
Contract Not To Exceed$3,000.00
SECTION 3. CITY'S RESPONSIBILITIES
3.1 City shall provide such information as is reasonably necessary for Professional to understand the
Services requested.
3.2. City shall arrange for Professional to enter upon public and private property as reasonably
required for Professional to perform the Services.
3.3 City shall designate payment of the Services from City budget appropriation number 02-3030-20
funds.
3.4 City shall designate the Mayor or his duly authorized representative to act on City's behalf on all
matters regarding the Services.
SECTION 4. PROFESSIONAL'S RESPONSIBILITIES
4.1 Professional shall perform the Services pursuant to the terms of this Agreement and within any
applicable time and cost estimate.
4.2 Professional shall coordinate with City its performance of the Services.
4.3 Professional shall provide the Services by following and applying at all times the Uniform
Standards of Professional Appraisal Practice.
SECTION 5. COMPENSATION
5.1 As full and complete compensation for the Services performed by Professional hereunder, and
subject to the terms and conditions contained in this Agreement, City shall pay Professional the
sum of Three Thousand Dollars ($3,000.00).
5.2 Professional estimates that the total price for the Services to be provided to City hereunder shall
be no more than $3,000.00 (the "Estimate"). Professional shall submit an invoice to City no more
than once every thirty (30) days for Services provided City during the time period encompassed
by such invoice. Invoices shall be submitted on a form containing the same information as that
contained on the Professional Services Invoice attached hereto as Exhibit B, incorporated herein
by this reference. City shall pay Professional for all undisputed Services rendered and stated on
such invoice within sixty (60) days from the date of City's receipt of same, or be subject to a late
charge of one percent (1%) of such unpaid and undisputed invoice amount for each month same
remains unpaid.
5.3 Professional agrees not to provide any Services to City that would cause the total cost of same to
exceed the Estimate, without City's prior written consent.
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Brian P. Murphy
Utilities-2002
Appraisal-Lacy Family Farm
Appropriation#02-3030-20;P.O.#W04183
Contract Not To Exceed$3,000.00
SECTION 6. TERM
Subject to the termination provisions set forth in Section 7.1 hereinbelow, this Agreement shall be
in effect from its Effective Date through December 31, 2002, and shall thereafter, on the first day
of January in each subsequent year, automatically renew for a period of one (1)year.
SECTION 7. MISCELLANEOUS
7.1 Termination.
7.1.1 The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City or Professional, without cause, upon thirty (30) days' notice.
7.1.2 The obligation to provide all or any portion of the Services under this Agreement may be
terminated by City, for cause, immediately upon Professional's receipt of City's "Notice
To Cease Services."
7.1.3 In the event of full or partial Agreement termination, and as full and complete
compensation hereunder, Professional shall be paid for all such Services rendered and
expenses incurred as of the date of termination that are not in dispute, except that such
payment amount shall not exceed the Estimate. Disputed compensation amounts shall be
resolved as allowed by law.
7.2 Binding Effect.
City and Professional, and their respective officers, officials, agents, partners and successors in
interest are bound to the other as to all Agreement terms, conditions and obligations.
7.3 No Third Party Beneficiaries.
Nothing contained herein shall be construed to give rights or benefits to anyone other than the
parties hereto.
7.4 Relationship.
The relationship of the parties hereto shall be as provided for in this Agreement, and neither
Professional nor any of its agents, employees or contractors are City employees. Professional
shall have the sole responsibility to pay to or for its agents, employees and contractors all
statutory, contractual and other benefits and/or obligations as they become due. Professional
hereby warrants and indemnifies City for and from any and all costs, fees, expenses and/or
damages incurred by City as a result of any claim for wages, benefits or otherwise by any agent,
employee or contractor of Professional regarding or related to the subject matter of this
Agreement. This indemnification obligation shall survive the termination of this Agreement.
lob:msw'orn:\tapps I user data admin\bpw\Istohlerlconlrte68 formal documentskomnn•brim muNM1y-militk,doc:3/I8/023
Brian P.Murphy
Utilities-2002
Appraisal-Lacy Family Farm
Appropriation#02-3030-20;P.O.#W04183
Contract Not To Exceed$3,000.00
7.5 Liens.
Professional shall not cause or permit the filing of any lien on any of City's property. In the event
such a lien is filed and Professional fails to remove it within ten (10) days after the date of filing,
City shall have the right to pay or bond over such lien at Professional's sole cost and expense.
7.6 Default.
In the event Professional: (a) repudiates, breaches or defaults under any of the terms or conditions
of this Agreement, including Professional's warranties; (b) fails to perform the Services as
specified; (c) fails to make progress so as to endanger timely and proper completion of the
Services and does not correct such failure or breach within five (5) business days after receipt of
notice from City specifying same; or (d) becomes insolvent, files, or has filed against it, a petition
for receivership, makes a general assignment for the benefit of creditors or dissolves, each such
event constituting an event of default hereunder, City shall have the right to terminate all or any
part of this Agreement, without liability to Professional and to exercise any other rights or
remedies available to it at law or in equity.
7.7 Government Compliance.
Professional agrees to comply with all present and future laws, executive orders, rules and
regulations applicable to Professional's performance of its obligations under this Agreement, and
all relevant provisions thereof are incorporated herein by this reference, and Professional agrees to
indemnify and hold harmless City from any and all losses, damages, costs, attorney fees and/or
liabilities resulting from any violation of same. This indemnification obligation shall survive the
termination of this Agreement.
7.8 Indemnification.
Professional shall indemnify and hold harmless City and its officers, officials, employees and
agents from all losses, liabilities, claims, judgments and liens, including, but not limited to, all
damages, costs, expenses and attorney fees arising out of any intentional or negligent act or
omission of Professional and/or any of its employees, agents or contractors in the performance of
this Agreement. This indemnification obligation shall survive the termination of this Agreement.
7.9 Discrimination Prohibition.
Professional represents and warrants that it and each of its employees, agents and contractors shall
comply with all existing and future laws prohibiting discrimination against any employee,
applicant for employment and/or other person in the subcontracting of work and/or in the
performance of any Services contemplated by this Agreement with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to employment,
subcontracting or work performance hereunder because of race, religion, color, sex, handicap,
national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. This
indemnification obligation shall survive the termination of this Agreement.
[eb:mswordNappsl\user data\admin'bpwysta lertrontracts&formal documents\conuut-briar muRby-utilitiea da'NIB/024
Brian P.Murphy
Utilities-2002
Appraisal-Lacy Family Farm
Appropriation#02-3030-20;P.O.#W04183
Contract Not To Exceed$3,000.00
7.10 Severability.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of
competent jurisdiction, that provision shall be stricken, and all other provisions of this Agreement
which can operate independently of same shall continue in full force and effect.
7.11 Notice.
Any notice, invoice, order or other correspondence required or allowed to be sent pursuant to this
Agreement shall be written and either hand-delivered or sent by prepaid U.S. certified mail, return
receipt requested, addressed to the parties as follows:
CITY: PROFESSIONAL:
City of Carmel Brian P. Murphy
One Civic Square Realtor-Appraiser
Carmel, IN 46032 430 Massachusetts Ave., Suite 104
ATTN: John Duffy Indianapolis, IN 46204-1588
(with a copy to the City Attorney,
Department of Law, same address)
Notwithstanding the above, City may orally provide to Professional any notice required or permitted by
this Agreement, provided that such notice shall also then be sent as required by this paragraph within ten
(10) business days from the date of such oral notice.
7.12 Effective Date.
The effective date ("Effective Date") of this Agreement shall be the date on which the last of the
parties hereto executes same.
7.13 Governing Law; Lawsuits.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Indiana, except for its conflict of laws provisions, as well as by all ordinances and codes of the
City of Carmel, Indiana. The parties agree that, in the event a lawsuit is filed hereunder, they
waive any right to a jury trial they may have, agree to file such lawsuit in an appropriate court in
Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has
jurisdiction over same.
7.14 Waiver.
Any delay or inaction on the part of either party in exercising or pursuing its rights and/or
remedies hereunder or under law shall not operate to waive any such rights and/or remedies nor in
any way affect the rights of such party to require such performance at any time thereafter.
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Brian P.Murphy
Utilities-2002
Appraisal-Lacy Family Farm
Appropriation#02-3030-20;P.O.#W04183
Contract Not To Exceed$3,000.00
7.15 Non-Assignment.
Professional shall not assign or pledge this Agreement nor delegate its obligations hereunder
without City's prior written consent.
7.16 Entire Agreement.
This Agreement contains the entire agreement of and between the parties hereto with respect to
the subject matter hereof, and no prior agreement, understanding or representation pertaining to
such subject matter, written or oral, shall be effective for any purpose. No provision of this
Agreement may be amended, added to or subtracted from except by an agreement in writing
signed by both parties hereto and/or their respective successors in interest. To the extent any
provision contained in this Agreement conflicts with any provision contained in any exhibit
attached hereto, the provision contained in this Agreement shall prevail.
7.17 Representation and Warranties.
Each party hereto represents and warrants that it is authorized to enter into this Agreement and
that any person or entity executing this Agreement on behalf of such party has the authority to
bind such party or the party which they represent, as the case may be.
7.18 Headings.
All headings and sections of this Agreement are inserted for convenience only and do not form a
part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof.
7.19 Advice of Counsel.
The parties warrant that they have read this Agreement and fully understand it, have had an
opportunity to obtain the advice and assistance of counsel throughout the negotiation of same, and
enter into same freely, voluntarily, and without any duress,undue influence or coercion.
(Remainder of page intentionally left blank)
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Brian P. Murphy
Utilities-2002
Appraisal-Lacy Family Farm
Appropriation#02-3030-20;P.O.#W04183
Contract Not To Exceed$3,000.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA BRIAN P. MURPHY
by and through its Board of Public
Works and Safety 1 _ i '
...Spr(In I:3
BY: BY: CiG �ecl
.67A."1/4.2/7ter
mimes Brainard,Presiding Offi r Authorized Signature
Date: - z ' C).� ,0
/ Printed Name: OR- p4 N /- MOft fit/
Mary AC ur e, Member Title: M"s alit s 5-n_
Date:
'% Idid-- j—Oa
Billy yi alker, Member SSN if Sole Proprietor: V
Date: in%20-02 Date: A / / 91 D ?-
A 1 1 F.ST:
Cidithi
Diana Cordray C, Per -Treasurer
Date: �0i0e9N
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Brian P.Murphy
Utilities-2002
Appraisal-Lacy Family Farm
Appropriation#02-3030-20;P.O.#W04183
Contract Not To Exceed$3,000.00
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA BRIAN P. MURPHY
by and through its Board of Public
Works and Safety
Ct--13
AA4-fitc
James Brainard, Presiding Officer Authorized Signature
Date: &'(z low P
Printed Name: p U>`P ��
Mary Ann Burke, Member Title: 131 P I- -1 “:7Z-
Date:
FID/TIN:
Billy Walker, Member SSN if Sole Proprietor: 306( —6 ,'' 1��
Date: Date:
ATTEST:
Diana Cordray, IAMC, Clerk-Treasurer
Date:
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BRIAN P. MURPHY
REALTOR - APPRAISER
430 MASSACHUSETTS AVENUE
SUITE 104
INDIANAPOLIS, IN 46204-1588
(317)636-4614, (317)464-2438
FAX (317)472-0272
February 11, 2002
John Duffy
Utility Director
City of Carmel
Re: Lacy Family Farm Appraisal
Scope of Services:
I will complete a Fair Market Value Appraisal of the above-referenced tract, which will comply with
the Uniform Standards of Professional Appraisal Practice. I understand that client and the
party to whom i will submit the appraisal report is the
City of Carmel.
Fee:
My fee for the above-referenced services is: Three thousand ($3,000.00)dollars.
Please contact me when you are ready to proceed.
Respectfully ssuubmitttred,
141/V
Brian P. Murphy, Appraiser
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Brian P.Murphy
Utilities-2002
Appraisal-Lacy Family Farm
Appropriation#02-3030-20;P.O.#W04183
Contract Not To Exceed$3,000.00
EXHIBIT B
Invoice
Date:
Name of Company:
Address &Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No:
Goods Services
Person Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) . Hours -
Provided Worked
GRAND TOTAL
Signature
Printed Name
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