Loading...
HomeMy WebLinkAbout2016-133 Tax - Pearson's Appraisal Service Inc. for 2017 revaluation dais - 133 JO [Departmental Use Only] TITLE Pearson's Appraisal FY 15-16 NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 14 day of January, 2016, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Pearson's Appraisal Service Inc., (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scone of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): 2017 countywide revaluation. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 1116 1 quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) Provider agrees that Provider, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Provider's services under this Agreement. vi) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vii) In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Full description provided in Exhibit 1 4. Duration of Services a. Term. The term of this Agreement shall be from 1/14/16 to 6/30/16. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. Revised 1/16 2 ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 1/18/16. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services shall not exceed fifty thousand Dollars ($50,000.00). Payment for Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated(Timothy Dwane Brinson)to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.©ranlzecountynyvldeprtrrtintlpurhinii � nlcgrlt� t .phi) If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark Revised 1/16 3 N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. 0 In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. Revised 1116 4 e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Compliance with Laws. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. Revised 1/16 5 h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention:T. Dwane Brinson Fred Pearson P.O. Box 8181 PO Box 36404 Hillsborough,NC 27278 Richmond, VA 23235 [SIGNATURE PAGE TO FOLLOW] Revised 1/16 6 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: County Manager i /(—, �.S Printed Name and Title Revised 1/16 7 P EAR S O N'S APPRAISAL SERVICE i N C O R P 0 R A T E D December 21,2015 'l Dwane Brinson Orange County Tax Administrator 228 S. Churton St Hillsborough,NC 27601 j i Dear Mr.Brinson: Thank you for taking the time to meet with me and Emmett Curl last Friday to discuss your ongoing project and we appreciate the opportunity to provide a cost proposal to assist you and your staff with the 2017 revaluation. As you may know,Pearson Appraisal Services,Inc.has been a leader in mass appraisal services in North Carolina for over 35 years. To date,Pearson's has successfully completed over 190 turn-key projects and !I appraised over 2,500,000 properties in North Carolina. Our firm has completed more revaluations in North Carolina than any other appraisal company. f We are assisting both the Wake County Revenue Director and the Durham County Tax Administrator and their staffs with their 2016 reassessments on a per diem basis just as we are proposing for Orange County,For Orange N County we are proposing two areas of support services;picking up or listing for taxation new construction while the county appraisers work on other revaluation tasks,and reviewing selected residential neighborhoods for consistency of quality and grade of construction. We can also offer an image of the new construction and/or the selected residential neighborhood review parcels a as well as flagging any property that may need an actual on-site field inspection.We have developed a system for on-site property reviews that could save the tax office time and costs using our review system. If you have any questions or concerns with any of the information outlined within the proposal please do not hesitate to contact me. I thank you for your time and consideration and look forward to the prospect of serving Orange County. Since ly, � J Fred Pearson f Owner/Manager Pearson Appraisal Services,Inc. 804-564-9393 t Pearson's Appraisal Services,Inc. PO Box 36404-Richmond VA 23235 (800) 828-3129 http://www.pearsonsappraisal com1 I. SERVICES PROPOSED 3 Pearson Appraisal Services,Inc(PAS)proposes to provide to Orange County Tax Administrator's Office with qualified data collectors to assist the County with field data collection for improvements to real estate. PAS data collectors will supplement and support existing county staff particularly with on site visits and listing for taxation of all new construction. PAS will also provide qualified appraisers to review residential neighborhoods for quality,grade, and any other data characteristics as I instructed by the County Assessor or his designee. The review will be conducted on an as assigned basis and after the conclusion of a one-week i training of PAS staff by qualified county staff. The training will ensure PAS staff is familiar with the county quality and grading procedures for equity of assessments whether made by the county or PAS. i PAS staff will perform at a comparable rate of production as County appraisal staff. PAS staff will work the same hours with the same days off as County appraisal staff. The County reserves the right to request replacement of any PAS data collector as well as approval of replacements. The County will not be responsible for additional training of replacement staff. PAS staff will observe Orange County Tax Office policies and procedures including dress codes and codes of conduct including any customer service protocols. PAS shall supply, at its sole expense, all field equipment required to provide the contracted services unless otherwise agreed in writing.PAS agrees that all vehicles used to provide contract services will have North Carolina license plates. II. TERM The services of Pearson Appraisal Services,Inc, shall begin at the request of the County and continue until PAS is notified by the County of completion of services. III. PAYMENT As full compensation for services,the County agrees to pay Pearson Appraisal Services,Inc.; $445.00 Per Diem for each Data Collector. (Labor$360+$85 Travel) $525.00 Per Diem for each Appraiser/Analyst. (Labor$440+ $85 Travel) The Per Diem includes travel, lodging,meal and all other expenses. f f On the first day of each month,PAS will submit a progress report to show the work completed and an invoice reflecting the monthly cost. Such progress t reports are subject to verification prior to approval for payment by the County. On the basis of each progress report,the County will make payments as follows; On or about the tenth day of each month,the County will pay ninety(90%)of the invoiced amount for work fully and faithfully performed by PAS and reported on the monthly progress report. Ten percent(10%)of each monthly payment will be retained until completion and acceptance of all contract work. Monthly payments will be subject to correction or adjustment following discovery of miscalculation(s)or error(s)in any monthly progress report or payments. Should the services to which the invoice refers not be completed in accordance with expectations, County reserves the right to withhold disputed payments until the work has been satisfactorily completed. IV. RELATIONSHIP OF THE PARTIES PAS shall operate as an independent contractor, and the County shall not be responsible for any of PAS's staff acts or omissions. PAS staff shall not be treated as an employee with respect to the services performed hereunder for federal or state tax,or for unemployment or worker's compensation purposes. PAS agrees that neither federal,nor state,nor payroll tax of any kind shall be withheld or paid by the County on behalf of our employees. PAS is fully responsible for the Payment of any and all taxes arising from the payment of moneys under this Agreement. PAS staff shall not be treated as an employee with respect to the services performed hereunder for purposes of eligibility for, or participation in, any employee pension,health,or other fringe benefit plan of the County. PAS shall comply with all federal, state and local laws regarding business permits,certificates and licenses that may be required to carry out the services to be performed under this Agreement. PAS shall insure that all personnel engaged in work under this Agreement shall be fully qualified and shall be authorized under state and local law to perform the services under this Agreement.PAS's appraisers shall have passed the Appraisal Certification examination given by the North Carolina Department of Revenue, Local Government Division. PAS shall further insure that all information provided by the County will be treated as confidential and will be maintained in accordance with all federal and state requirements. i V. INSURANCE I( PAS shall obtain, at our sole expense,all insurance reasonably required by Orange County and shall not commence work until such insurance is in effect and certification thereof has been received by the County. Most of our other agreements require the following Insurance. PAS maintains Worker's Compensation Insurance with limits of Coverage A Statutory- for State of North Carolina and Coverage B-Employer's Liability $500,000 each accident/disease each employee/disease policy limit. Commercial General Liability-with limits no less than$1,000,000 per occurrence and$2,000,000 aggregate,including contractual liability assumed within the indemnity section of this agreement. All our insurance providers are authorized to do business in North Carolina, Insurance with limits no less than those specified above can be evidenced by a Certificate of Insurance issued by a duly authorized representative of the insurer. VI. INDEMNIFICATION PAS agrees to defend,indemnify, and hold harmless the County,for all loss, ' liability, claims or expenses(including reasonable attorney's fees) arising from bodily injury, including death or property damage,to any person or persons caused in whole or in part by the negligence or misconduct of PAS staff, except to the extent same are caused by the negligence or willful misconduct of the County. VII. NON-ASSIGNMENT PAS agrees and shall not assign any agreement for services,including rights of payment,to any other party without the prior written consent of the County. VIII. GOVERNING LAW Both parties agree that the laws of the State of North Carolina shall govern any Agreement for contract services. i IX. NON-APPROPRIATION CLAUSE PAS acknowledges that the County is a governmental entity and the ability to contract for tax revaluation support services is based upon availability of public funding under the authority of its statutory mandate. l In the event that public funds are unavailable and not appropriated for the t performance of the County's obligations then any contract for tax revaluation �( support services shall automatically expire without penalty to the County thirty (30) days after written notice to PAS of the unavailability and non-appropriation of public funds. It is expressly agreed that the County shall not activate this non-appropriation provision for its convenience. In the event of termination,the County shall pay PAS for: 1)all unpaid invoices and 2) all work produced. However,in no event shall the County be obligated to pay more than the Per Diem value. X. E-VERIFY REQUIREMENTS Pearson Appraisal Services Incorporated is awe of the E-Verify requirements of the General Statutes of North Carolina and agrees to comply. Proposal For Contract Services Submitted by: By: Fred P�eCarson ' Owner/Manager Pearson Appraisal Services;Inc. Date: GC �' l i i f i I I ...r^, DATE WMOD+YYYY) A "RV CERTIFICATE OF LIABILITY INSURANCE 12/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. it SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsement(s). PRODUCER CUNTACT ROGER HILL INSURANCE AGENCY NAME {434)581-3287 ` No (434)581-3289 PO Box 117CESSroerhill @earthlink.net Arvonia, VA 23004 --- - ._-._._._ _ aSURERIS) AFFC!" COVERAGE _ NAICS INSURER A MILLERS CAPITAL INSURANCE CO. INSURED PEARSON'S APPRAISAL SERVICE, INC. INSURER B — -� P 0 BOX 36404 INSURER c __...... _ RICHMOND, VA 23235 INSURERD INSURER E _ INSURER F COVERAGES CERTIFICATE NUMBER. REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS tNSR 'ADpISttBR-_ ___ �,�____. _,-POLICY Er'•F-�-h6LTCY EkM�° '� _ .._. —__._�-.-- _ LTR TYPE OF INSURANCE Ra8e yayp POLICY NUMBER ,(MMlDp/YYYY).(MM/)D(YYYY)^ LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1.,000-,OOO CLAIMS-MADE X OCCUR OAHTAGETORERTEt7 PREMISE5,IEa ocClureruxj 3 _50,000 - -_ ,- MED EXP IAny CM person!, --S 5,000 A - BOP001636816 '11/22/15,11/22/16 PERSONAL&ADV INJURY S 1_,000,000 GENL AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE 6 °$ 2,000,000 POLICY ECT LOC PRODUCTS-COMPtOP AGG t 2,000,000 OTHER � I ---. AUTOMOBILE LIABILITY COMBINED BcI:+c4e+at) LE OMIT ._ $ ANY AUTO BODILY INJURY(Per perswt) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) 5 NOWOWN �T -_ HIRED AUTOS _- AUTOSED ` PerbasE.c�(DAMAGE: $ S UMBRELLA I" OCCUR _EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED - -RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN STATUTE ANY PROPRIETORMARTNER''EXECUTuE — EL EACH ACCIDENT S GFFICER+MEMIIER NIA tIA"d xory m NH) E L DISEASE-EA EMPLOYEES R>es.describe settler DESCRIPTION OF OPERATIONS below E L DISEASE•POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCAT IONS I VEHICLES (ACORD 101 Additiorial Remarks SCnedule may be attached it more space is regured) APPRAISAL OF REAL ESTATE APPRAISAL OF NEW RESIDENTIAL CONSTRUCTION CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY, NC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE T. DWANE BRINSON TAX ADMINISTRATOR THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 228 S CHURTON STREET ACCORDANCE WITH THE POLICY PROVISIONS HILLSBOROUGH, NC 27278 AUTHORIZED REPRESENTATIVE FAX 919-644-3091 EMAIL:dbrinson @orangecountync.gov �Y} 0 1988-2013 ACORD CORPORATION All rights reserved ACORD25(2013/04) The ACORD name and logo are registered marks of ACORD