HomeMy WebLinkAboutSH&H Valuation & Consulting - Professional Services ContractTHIS PROFESSIONAL SERVICES CONTRACT is made and entered into by and
between the City of Yakima, a Washington municipal corporation (hereafter the "Cityand
SH&H Valuation and Consulting (hereafter the "Appraiser").
WHEREAS, the City of Yakima requires professional services for appraisal of property
value for the City of Yakima;
WHEREAS, the Appraiser represents that he has the expertjse necessary and is willing to
perform the professional services required by the City in accordance with the terms and conditions
of this Contract;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Appraiser as follows:
Section 1. Statement of or
Parcel Number
Situs Address
M.
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19132022026
111 FAIR AVE
19132022023
S FAIR AVE
19132022037
S FAIR AVE
19132022022
1100 BLK E CHESTNUT
19132022015
E CHESTNUT AVE
19132022028
S FAIR AVE
19132032484 501 S 12TH ST
19131941501 604 S FAIR AVE
19132033011 1304 E RACE ST
19132941412
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19131542009 r
9-110-W]W
19131923407 18 N 1ST ST
19131923509 FIRST STR/ A STR
1.2 Except as otherwise specifically provided in this Contract, Appraiser shall fumish the
following, all as may be required to perform the services described in paragraph 1.1 in
accordance with this Contract: personnel, labor and supervision; and technical,
professional and other services. All such services, property and other items furnished or
required i be _f together with all other obligations performed or `i `i to/
performed, by Appraiser under this Contract are sometimes collectively referred to in this
Contract as the "Services."
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1.3 All provisions of this Contract are intended to be complementary, and any Services
required by one and not mentioned in another shall be performed to the same extent as
"i "f by all. Detailsof are not. ! carry out 1
of this Contract, but that are not expressly required, shall be performed or fumished by
Appraiser as part of the Services, without any increase in the compensation otherwise
payable un
2.1 The period of performance under this Contract will commence on the date that both parties
have executed this contract, and continue through August 31, 2021.
Section . Compensation
Appraiser3.1 As full compensation for satisfactory performance of the Services, the City shall pay
i the amount of ! Thousand Dollars ($40,000.00).
3.2 The Appraiser shall bill the City for Appraiser's services. The City of Yakima
shall p
Appraiser's invoice within thirty (30) days after the City's receipt and verification thereol
1 to Im Ii i ••
provided, however, that all such payments are expressly conditioned upon Apprais
providing services hereunder that are satisfactory to the City. i
3.3 Any additional service(s) 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
4.1 Delegation OfTjq&s8lopgj aqyjM. The services provided under this Contract shall be
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 • shall be voidable at the City's option.
T =1 or any or Me Services, witti or wittiout tn*
City's prior written consent, shall relieve Appraiser of Appraiser's responsibility to
,terform the Services in accordance with thij*ejwrwmvli��
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 !•i
4.2 Appraiser shall at all times be an independent contractor and not an agent or representative
of the City with regard to performance of 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 with 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 Contract, Appraiser
shall perform the Services in accordance with his own methods.
5.1 Appraiser shall comply with all applicable laws, ordinances, rules, regulations, orders,
licenses, permits, and other requirements of any governmental authority (including, but noi
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 laws, ordinances, rules and orders required to be incorporated in
agreements of this character are incorporated in this Contract by this reference.
City • Yakima and SH&H — •,+. 3
Section 6. Taxes and Assessments
6.1 Appraiser shall be solely responsible 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 law or assessed
against either party as a result of 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. Nondiscrimination 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 local law. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training, and the
provision of Services under this Contract.
8.1 The records relating to the Services shall, at all times, be subject to inspection by and with
the approval of the City, but the making of (or 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.
8.2 Appraiser shall promptly furnish the City with such information and records which ari;
related to the Services of this Contract as may be requested by the City. Until the expiration
of three (3) years after final payment of the compensation payable under this Contract, or
for a longer period 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
have the 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 RCW ♦ • law. All records relating to Appraiser's
L4151MM M 111 OF I lit M Iii
I ininunTin P7ufnMma 01 In]
required pursuant i the Washingtonate Secretary of record retention schedule
Section Property fi a iInformation
9.1 Appraiser shall not, without the prior written consent of the City, disclose to third parties
any information received in connection with the Services unless:
(a) information is known to Appraiser prior to receiving the same directly or indirectly
in connection with the Services,
r) information is in the public domain at the time of disclosure by rr or
(c) information is received by Appraiser from a third party who does not have
obligation to keep the same confidential. I
Section Indemnification ofHarmless
10.1 The Appraiser agrees to protect, defend, indemnify, and hold harmless the City, its electef
officials, officers, employees and agents from any and all claims, demands, losses, liens,
liabilities,penalties,
.a lawsuits,and oproceedings and alljudgments,awards,costs
and expenses (including reasonable attorneys' fees and disbursements), resulting from
negligent acts and/or omissions or willful misconduct of the Appraiser or his agents arising
out of the performance of this Contract.
10.2 The City agrees to protect, defend, indemnify, and hold harmless the Appraiser from any
and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments,awards, i and expenses (including reasonable . •
right
Section . Insurance Provided by Appraiser
11.1 At all times during performance of the Services, the Appraiser shall secure and maintain in
effect insurance to protect the City and the Appraiser from and against all claims, damages,
losses, and expenses arising out of or resulting from the performance of this Contract.
Appraiser shall provide and maintain in force insurance in limits no less than that stated
City of and SH&H — P.+'
below, as applicable. The City reserves the right to require higher limits should it deem
necessary in the best interest of the public. I
liability
Before i executed by _ parties,
Appraiser shall provide the City with a certificate of insurance as evidence of Professional
Errors and Omissions Liability Insurance with coverage of at least One Million Dollars
($1,000,000.00) per occurrence and an annual aggregate limit of at least Two Million
Dollars ($2,000,000.00). The certificate shall clearly state who the provider is, the amount
of coverage, the policy number, and when the policy and provisions provided are in effect.
The insurance shall be with an insurance company or companies rated A-VII or higher in
Best's Guide. If the policy is on a claims made basis, the retroactive date of the insurance
policy shall be on or before the inception date of the Contract. The insurance coverage
shall remain in effect during the term of this Contract and for a minimum of three (3) years
following - termination of i
Section Er 1 ati
Contract12.1 The City may, by giving the Appraiser five (5) calendar days written notice of termination,
terminate this as to all or any portion of {t then performed,
or i Appraiser breach or default,and with or iut cause. Upon receiptof any
such notice of termination, Appraiser shall, except as otherwise directed by the City,
immediately it performance of { the extent specified in suchnotice.
Appraiser . same . •
Section
12.2 If the City purports # terminate it cancel all or any part of f ., for Appraiser's
breach or default when Appraiser is not in breach or default which would permit such
i f
City of . .; and SH&H — P.•` 6
termination or cancellation, such termination or cancellation shall be deemed to have be
a termination by the City pursuant to paragraph 12.1 and the rights of the parties shall
determined accordingly.
Section iscel e s
13.1 As$iamnenf� This Contract, or any interest herein, or claim hereunder, shall not be assignef
or `• in whole or part by •r to any other person or •
prior written consentof - event that such prior written consent
assignment is granted, then the assignee shall assume all duties, obligations, and liabilities
of Appraiser . -1
13.2 No Conflict of Interest. Appraiser -r - . and/or employees, •• not
hav- any interest 1 shall not- rinterest,direct or • -ct, which would
conflict in any manner or degree with the performance of this Contract. Appraiser further
covenants that he will not hire anyone or any entity having such a conflict of interest during
the perfonnance of f
13.3 o Insurance. It is understood that the City does not maintain liability insurance for
Appraiser and/or his employees.
13.4 Sqy9EphW1y. If any portion of i • f per . agreement or portion
is held invalid, the remainder of the Contract shall remain in full force and effect.
13.5 Intearation. This written document f the entire agreement between City . •
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 herein, all notices and demands shall be in writing and
sent or . • delivered to the parties to their addresses as follows:
TO CITY, City Manager
City of Yakima
City Hall — First Floor
129 North Second Street
Yakima, WA 98901
TO APPRAISER: Chad Johnson
SH&H Valuation and Consulting
3609 Market Place
Suite 201
University Place, WA 9866
' f iiWATIVYWRIf :`
City of 1
Page 7
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered.
Such notices shall be deemed effective when hand delivered at the
13.7 Governim Law. This Contract shall be governed by and construed in accordance with the
laws of the State of Washington.
13.8 Venue, The venue for any action to enforce or interpret this Contract shall lie in the
Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
B
Robert Harrison, City Manager
Date: (1)
City Contract No.:
Resolution No.:
Professional Services Contract Between
City of Yakima and SH&H — Page 8
B
Chad Johnson
.5
Date: -
_ 10 -
STATE OF WASHINGTON
ss.
COUNTY OF
I hereby certify that I know or have satisfactory evidence that Chad Johnson is the person
who appeared before me, and said person acknowledged that he signed this instrument, and on
oath stated that he was authorized to execute the instrument eml-?M%rAwali iwnGMVrA--w,-* qnZ
voluntary act of such party for the uses and purposes mentioned in the instrument.
1111ATED this day of
WIN
City of Yakima and SH&H — Page 1