350 Neb. Admin. Code, ch. 50, § 003

Current through September 17, 2024
Section 350-50-003 - REQUIREMENTS FOR APPRAISAL CONTRACTS
003.01 Appraisal contracts entered into between counties and appraisal firms must meet certain standards. Those standards are set forth in this section.
003.01A Appraisal specifications are required prior to undertaking or contracting for an appraisal or appraisal update project of all real property, by an entire class or subclass, in any county.
003.01B An appraisal contact must be awarded to an appraisal firm that has knowledge and experience in ad valorem appraisals.
003.01C All proposals by appraisal firms for appraisal contracts must be submitted in writing and approved by the county board. Once the county board has approved, the signed appraisal contract must be forwarded to the Tax Commissioner for approval. No appraisal contract is valid unless approved in writing by the Tax Commissioner. A copy of the final appraisal specifications and signed appraisal contract shall be on file with the Tax Commissioner.
003.01D The appraisal firm must be an equal opportunity employer.
003.01E The appraisal firm, or its duly authorized representative, must certify in writing to the county board that they have read, understood, and are able and willing to comply with all Nebraska regulatory requirements prior to submitting any bid proposal to the county board.
003.01F The appraisal firm must include the resumes of the employee or employees supervising the project. The proposal must show and the resume confirm that:
003.01F(1) The full time and exclusive control of the project is under the jurisdiction of a supervisor who has no less than five years of practical appraisal experience involving extensive appraisals of the types of property to be appraised. The supervisor must be a member in good standing of a recognized professional appraisal organization which requires educational standards, passage of a comprehensive examination, and a demonstration of ability to perform an appraisal as qualifications for membership, or, in lieu of these designations, comparable education and practical appraisal experience to enable him or her to perform at that level of competence.
003.01G The appraisal firm will defend the resulting changes that affected values if a protest is filed with the county board of equalization or appeals are filed with the Tax Equalization and Review Commission.
003.01H The appraisal firm will supply as many copies of the appraiser report to the county as agreed upon, which, together with all appraisal files, records, maps, or other data used in the appraisal becomes and remains the property of the county.
003.02 The content of an appraisal contract must contain the following provisions:
003.02A A completion date. This date must not be more than 24 months after the date of execution of the contract.
003.02B Assumption of liability. The appraisal firm assumes liability connected with performance of its contract. The amount of the general liability insurance must be at least $50,000.00 for each person, $100,000.00 each accident for bodily injury, and $25,000.00 each property damage accident.
003.02C Identification of the insurer.
003.02D An agreement to comply with all state and federal statutes and regulations related to taxation, workmen's compensation insurance, and unemployment insurance.
003.02E A statement that the appraiser will not be liable for damages by reason of strike, explosion, war, fire, act of God, or any act or failure to act by county or state officials which might delay or stop progress of the work. Provisions must be made for the renegotiation of the completion date on the happening of any of the above contingencies.
003.02F A statement that the appraisal firm will not assign or transfer its contract nor any interest therein without first obtaining written approval from the county and the Tax Commissioner.
003.02G A statement that no change in the contract will be permitted except by written agreement of the appraisal firm, the county, and the Tax Commissioner.
003.02H A statement that all manuals and guides prescribed by the Tax Commissioner must be followed by the appraisal firm.
003.02I A statement that the appraisal firm will be required to issue proposed appraisal changes and be available to hold informal meetings with property owners or lessees responsible for paying the property taxes on parcels with the proposed appraisal changes.
003.03 The content of an appraisal contract may contain the following provisions:
003.03A Performance bond. The county board may require a performance bond in favor of the county in an amount determined by the county board. If submitted, the performance bond must be approved by the county attorney.
003.03B Liquidated damages. The county board may require liquidated damages for each day of noncompletion at a rate to be determined by the contracting parties and may be incorporated as part of the contract.

Neb. Rev. Stat. §§ 77-202.11, 77-702, 77-1301.01, 77-1311, 77-1311.03, 77-1502, 77-1502.01, 77-1504, 77-1504.01, and 77-5013.

003.04 [Repealed]
003.05 [Repealed]
003.06 [Repealed]
003.07 [Repealed]
003.08 Informal Hearings (Repealed)
003.09 [Repealed]
003.10 [Repealed]

350 Neb. Admin. Code, ch. 50, § 003