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Home My WebLink AboutSH&H Valuation and Consulting - Appraisal of property value for the City of YakimaPROFESSIONAL SERVICES CONTRACT THIS PROFESSION, between t'lae City of Yakima, SH&H Valuation and Consulti WHEREAS, the City value for the City of Yakima: SERVICES CONTRACT is Washington municipal corporation (hereafter the "Cif) -eafter the "Appraiser"), de and entered into by ,quires professional services f'or a WHEREAS. the Appraiser represents that he has the expet perform the professional services required by of this Contract: City in accordance ais d ad nd is willing to s and conditions NOW, THEREFORE. in consideration of the mutual covenants, promise Mats set forth herein. it is agreed by and between the City and Appraiser as follows: n I. Statement of Work The prof provide a pal services that the Appraiser will provide to the report for the following properties: Parcel 191,3 18-43:107 408 Bravo Company Blvd. Note, the long, narrow strip along Bravo Company Blvd. will be wac owners adjacent to Bravo Company Blvd. and need not be include parcel 191320-22032 South 13`1' Street and Parcels 191329-41411 & 191329-41412 Vicinity of South 24`1' Street and East Nob Hi11 Please appraise these as one parcel. 1.2 Except as otherwise speciti following, all as may be requ- accordance with this Contract: personnel. labor and supervisitrt professional and other services. All such services, property and other i required to be furnished, together ‘vith all other •cahligations performed performed„ by Appraiser under this Contract are sometimes collectively Contract as the "Services." %d/SR 24 of Yaki provided in this Contract, Appraiser -d to perform the services described in a are to d to the property the appraisal. shall furnish the paragraph 1.1 in and technical, erns fia wished or or required to be referred to in this 1.3 A11 provisions of this Contract are intended to be complenaenta.ry. and any Services required by one and not mentioned in another shall be performed to the same extent as al Services Contract Between `akima and SH&H — Page 1 7.2 d by all. Details of ill Services that are not necessary to carry out t ract. but that are not expressly required, shall be performed or furnished by A.pprrtiser as part of the Services, out any increase in the compensation otlterwise payable under this Contract. ion 2. Period of Performance and Term The parties agree that the appraisal will he completed and provided to the City on or betbre September 25. 2025. `T'he Term of this Agreement shallexpire on October 31, Section 3. Co' pensat 3.1 As full compensation Appraiser for ($10,000.00). ttisfactory performance of the Services. the City shall pay itt an amount no greater than Ten Thousand Dollars T,he Appraiser shall hill the City for Appraiser's services. The City of Yakima shall hay Appraiser's invoice within thirty (30) days after the City's receipt and verification thereof; provided, however, that all such payments are expressly conditioned upon Appraiser providing services hereunder that are satisfactory, to the City. 3.3 Any additional services) provided by the Appraiser which are to be paid by the City must have prior written approval of the City. Section 4. Performance by Appraiser a.l. Delegation of h'rrofessional Services. The services provided under this Contract shall he performed by Appraiser, and no person other than Appraiser shall be engaged on such work or services.. Appraiser shall not (by contract, operation of law or otherwise) delegate or subcontract performance of any Services to any other person or entity without the prior written consent of the City. Any such delegation or subcontracting without the City's prior written consent shall be voidable at the City's option. No delegation ofsubcontracting of performance of ofthe Services, with or without the City's prior written consent, shall relieve Appraiser of Appraiser's responsibility to perform the Services in accordance with this Contract. Appraiser shall he fully responsible for the performance, acts and omissions of Appraiser's employees, if any, Appraiser's subcontractors, and any other person who performs or furnishes any Services (collectively, the "Support"). anal Services Cot t'akima and SH&. t Between Page 2 4.2 Appraiser shall at all limes be an independent contractor and not an agent or represent()tivfe of the City with regard to performance or the Services. Appraiser shall not represent that he is. nor hold himself out as, an agent or representative of the City. In no event shall Appraiser be authorized to enter into any agreement or undertaking for or on behalf of' the City. 4.3 Appraiser shall perform the Services in a timely manner and in accordance rviilt the standards of the profession. At the time of performance, Appraiser shall be properly licensed. equipped, organized, and financed to perform the Services in accordance with this Contract. Subject to compliance with the requirements of this C"ontract, ,Appraiser shall perform the Services in accordance 'With his own methods. Section 5. Compliance with Laws 5.1 Appraiser shall contply all applicable laws, ordinances. rules, regulations. orders. licenses, permits, and other requirements of any governmental authority (including, but not limited to, such requirements as may be imposed upon the City and applicable to the Services). Appraiser shall furnish such documents as may be required to effect or evidence such compliance. All laves, ordinances, rules and orders required to be incorporated in agreements of this character are incorporated in this Contract by this reference. Section 6. Taxes and Assessments 6.1 Appraiser shall be sole ly reslaonsible for and shall pay all taxes, deductions. and assessments that Appraiser is required •to pay, including but not limited to federal income tax, FICA, social security tax assessments for unemployment and Industrial injury insurance, and other deductions from income which may be required 'by lave or assessed against either party as a result ot`this Contract. In the event the City is assessed a tax or assessment as a result of this Contract. Appraiser shall pay the same before it becomes due. Section 7, Nondiserimination Provision 7,1 During the performance of this Contract. Appraiser shall not discriminate in violation of any applicable federal. state and/or local law or regulation on the basis of race, age, color, sex. religion, national origin. creed, marital status, disability, honorably, discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or locaI lavw, This provision shall include but not be limited to the following. employ') upgrading, demotion., transfer, t, advertising. layoff' or termination, rates of pay or other forms of compensation, selection for training, and the provision of Services under this Contract. Section 8. Inspection and Production of Records al Seryires Contract I3etvvee ima and SI 1&HI — Page 3 The records relating to the Services shall, at all times, be subject to inspection by and with the approval o1'the Cite, but the making of tor failure or delay in making) such inspection or approval shall not relieve Appraiser of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. Appraiser's records relating to the Services will be provided to the City upon the City's request. Appraiser shall prutnpil) furnish the City with such inforrttation and records which are related to the Services o'this Contract as rnav be requested by the City. Until the expiration of three (3) )ears after final payment of the compensation payable under this Contract, or eriod if required by law or by the Washington State Secretary of State's record schedule. Appraiser shall retain and provide the City access to (and the City shall right to examine, audit and copy) all of Appraiser's books, documents, papers and records which are related to the Services performed by Appraiser under this Contract. 8.3 All records relating to Appraiser's services under this Contract must be made available to the City. They must be produced to third parties if required pursuant to the Washington Public Records Act, Chapter 42.56 R.CV or by law, All records relating to Appraiser's services under this Contract trust be retained by Appraiser for the minimum period oftime required pursuant to the Washington State Secretary of State's record retention schedule. Section 9. Property and Confidential Information Appraiser shall not without the. prior written consent of tlae City, disclose to third parties any r. (a) ceivcd in connection with the Services unless: ation is known to Appraiser prior to receiving the same directly, or indirectly itlt the Services: (b) information is in the public domain at the time of disclosure by Appraiser: or (e) information is received by Appraiser from a third party who does not have an obligation to keeta the same confidential. Section 10. indemnification and Hold Harmless The Appraiser ragrces to release, defend, indemnri, and hold harmless the Cite°, its elected and appointofficers, employees, at volunteers and agents from any and a claims, demands, losses., liens, liabilities, penalties, tines, lawsuits, and other proceedings and all judgments, awards. costs and expenses (including reasonable attorneys' ti es and disbursements)_ resulting from. negligent acts and/or omissions or- 'al:inaa and Sit act Between — Page 4 willltrl rttisconduct of the Appraiser or ltis agents arisitag otat r Contract, except for claims caused by the City's sole negligence. 10,2 The City agrees to release, defend indemnify, and hold harmless the Appraiser from any and all cline:. demands, losses, liens, liabilities. penalties, fines, lawsuits, and other proceedings and all, judgments. awards, costs and expenses (including reasonable attorneys' fees and disbursements). resulting from negligent acts and/or omissions or willful misconduct caused solely by the City, its elected and appointed officials, officers, employees, its agents or subcontractors arising out of the performance of this Contract. 10.3 The terms o rvive any expiration or termination of this Contract. 10.4 Nothing contained in this Section or this Contract slra.11 be construed to create a liabil indemnification in anv third party. Section 11. Insurance Provided by Appraiser during performance of the Services, the Appraiser shall secure and maintain in ce to protect the City and the Appraiser from and against all claitt ts, damages, and expenses arising out of or resulting from the performance of this Contract. aiser shall provide and rrraintain in force insurance in limits no less than that stated below, as applicable. The C ity reserves the right to require higher limits should it deem it necessary` in tlae best interest cif the public. .2 Commercial Liability Insurance,. Before this Contract is ftrlly exec.u.ted by the parties, Appraiser shall provide the City with a certificate of insurance as proof of corntnercial liability insurance with a minimum liability limit of Two Million Dollars (S" ,000,000.00) per occurrence combined single limit bodily injury and property damage, and Dollars ($2,000,000.00) general aggregate, If Appraiser carries higher coverage lira such limits shall be shown on the Certificate of Insurance and Endorsements and the City of Yakima, its elected officials, officers, agents. and employees shall be named as additional insureds for such higher limits, The certificate shall clearly sta provider is, the coverage amount, the policy rnumher, and when the policy and proves provided are in ei Said policy shall be in effect for the duration of this Contract. e City of Yakima, its elected t fficials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VIi or higher in Best's Guide and admitted in the State of Washington. 11.3 Professional Liability Insurance, Before this Contract is fully executed by the parties, Appraiser shall provide the City with a certificate of insurance as evidence of Professional Errors and ()missions Liability insurance wit€a coverage of at least One Million Dollars Professional Seer ices Contract Between City of Yakima and Sl-f&FI — Page ($1,000,0( 0 Collars ($2.000,000.00). The cert:i aggregate fir it of at least "Two Mullion state w to the provider is, the amount -age. the policy number, and when the policy and provisions provided are in effect. The nee shall be with an insurance company or companies rated A-VII or higher in Best's Guide. if the policy is on a claims made basis, the retroactive date ofthe insurance policy.' shall be on or before the inception date of the Contract. The insurance coverage shall remain in effect ct during the term ofthis Contract and for a minin ur o'ftftree ( )years following the termination of this Contract, 2. Termination by giving the Appraiser five (5) calendar days ten notice of terminate this Contract as to all or any portion or not Appraiser Services not then performed, ,whether breach or default, and with or without cause. receipt of any such notice of termination. Appraiser shall, except as otherwise directed by the City, inarnediately stop performance of the Services to the extent specified in such notice, Appraiser shall have the same termination rights as the City, 12.2 I"t the City purports to terminate or cancel all or any part of this Contract for Appraiser's breach or default when Appraiser is not in breach or default which would permit such termination or cancellation, such termination or cancellation shall be deemed to have been ion by the City pursuant to paragraph 12.1 and the rights of the parties shall be determined accordingly. Miscellaneous Assignment. 11his Contract, or any interest herein, or claearnder, shall n€rt be assigned or transferred in whole or in part by Appraiser to any other person or entity without the prior len consent: of the Cit)i. In the event that such prior written consent to an assignment is granted, then the assignee shall assumte all duties, obligations, and liabilities of Appraiser stated herein. 13.2 No Conflict of lnte rest. Appraiser' relaresents that he and/or his employees, erest and shall not hereafter acquire any interest, direct or indirect, do not vou1d conflict in any manner or degree with the performance of this Contract. Appraiser- f lrlher .ovenants thathe will not hire anyone or any entity having such a conflict of interest during the performance of this Contract. I3.3 No Insurance_ lerstood that the City does not maintain habilinsurance for Appraiser and/or his employees. 13.4 Severability. Ifan)'po s Contract is changed lter mutual agreement or any portion is held invalid_ the remainder )l"°the Contract shall remain in full force and effect. l'rofc°; ir�ttal Se -wires Contract Between City of Yakima and SI-I&H — Page 6 13.5 Intezration. This written document constitutes the entire agreement between the City and Appraiser, There are no other oral or written Contracts between the parties as to the subjects covered herein. No changes or additions to this Contract shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 13.6 Notices, Unless stated otherwise her in, all notices and dem ds s sent or h TO CITY: delivered to the parties to their° addresses as follows: Cit Manager City of Yakima City Hall — First Floor 129 North Second Street Yakima, WA 98901 TO APPRAISER: Chad Johnson SH&H Valuation and Consulti 3609 Market Place W Suite 201 University Place, WA 98466 or to such other- addresses as the parties demands shall he sent by registcred or Such notices shall be deemed eftc:ctive above, or three (3) days after the date of 13.7 Governin laws oft. ay hereafter designate 11 be in vvriti ng. Notices al c nd ertitied mail, postage prepaid. or hand delivered. when hand delivered at the addresses specified e addresses specified above. This Contract. shall be governed by and construed in accordance with the of Washington. 13.8 Venue. The venue fir Superior Court of Washington fo signal Ser ices Contract Between of Yakima and SH&F-i — Page 7 to enforce or interpret this Contract shall lie in tl 'akirna County. Washington. _l VALUATION AND CONSULTING City Contract No.: ' _ j$ is Resolution No.: 1J1A ial Services Contr.t t :Bet ikinta. and SH&FI Pale 8