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HomeMy WebLinkAboutContract #: 1585 - From: 07-01-2023 To: 06-30-2024 - Real Estate Research Consultants - Assessor SERVICE CONTRACT WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this 13th day of February, 2023, by and between Real Estate Research Consultants,Inc.,a domestic profit corporation duly authorized by law and having a principal place of business at 1538 Turnpike Street,North Andover, Massachusetts, hereinafter called "CONTRACTOR", and the and the TOWN of North Andover, ("TOWN") a municipal corporation duly established by law and located at 120 Main Street,North Andover,Essex County, Commonwealth of Massachusetts. WHEREAS, the CONTRACTOR represents that it is duly qualified in this field, and has agreed to perform the services requested by the TOWN; and WHEREAS, the TOWN has accepted the CONTRACTOR'S proposal subject to the conditions and agreements herein contained; NOW, THEREFORE, IT IS AGREED by and between the Parties as follows: -I- The CONTRACTOR agrees that it will provide services for a complete listing and valuation of each existing personal property account,as well as the discovery, listing and valuation of each new personal property account to ensure all new accounts are captured and new growth is maximized. All quotes, specifications, certifications, insurance binders, and the Schedule of Minimum Wage Rates (if applicable), are incorporated herein and made a part of this CONTRACT. The CONTRACTOR will report to the signatory Department Head of this CONTRACT. -2- The Contract Period will commence on July 1, 2023 and terminating June 30, 2024. Any extensions of time must be by written NOTICE per paragraph 27 from the TOWN, and are at the sole discretion of the TOWN. -3- Total payments under this CONTRACT shall not exceed FORTY-SIX THOUSAND NINE HUNDRED AND 00/100 ($46,900.00) DOLLARS. This Contract is expressly subject to and contingent upon an appropriation of funds. -4- The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice, so long as all services provided are sufficiently detailed in the invoice,and that the invoice has filed with the contracting department. Any payment under this Contract shall not constitute or be deemed a waiver,relinquishment,release,or abandonment of any claim which the TOWN may have against the CONTRACTOR for breach of this Contract. -5- The CONTRACTOR agrees that no obligation shall be considered to have incurred under this CONTRACT unless and until a purchase order shall have been duly issued and approved. And further, that the obligation incurred shall be limited to the amount set forth in purchase order or purchase orders duly issued and approved. -6- The CONTRACTOR states that it is qualified, and is in all relevant aspects, in good standing.The CONTRACTOR certifies that performance under this Contract will meet ethical business standards and good stewardship of taxpayer and public funding to prevent waste or abuse. -7- The CONTRACTOR shall at all times during the Contract maintain in full force and effect Employer's Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage Insurance,including contractual liability coverage.All insurance shall be for policy limits acceptable to the TOWN; all required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of this agreement); and before commencement of work hereunder the CONTRACTOR agrees to furnish the TOWN with certificate(s) of insurance or other evidence satisfactory to the TOWN. The certificates shall contain the following express obligations: "In the event of cancellation or material change in a policy affecting the certificate holder,thirty (30)days prior written notice will be given the certificate holder.Where notice is not provided by CONTRACTOR's insurer,the notice will be provided by the CONTRACTOR." The TOWN shall be named as an additional insured under each policy or policies, except Workers' Compensation. For the purpose of the Contract,the CONTRACTOR shall carry the following types of insurance in at least the limits specified below. Workers' Compensation—the required statutory amount Employer's Liability—$500,000 Bodily Injury& Property Damage Liability Except Automobile—$500,000 Automobile Bodily Injury & Property Damage Liability — $1,000,000 combined single limit for each accident. Excess Umbrella Liability—$5,000,000 for each occurrence -8- It is further agreed by the CONTRACTOR that, in the event the TOWN is sued in a court of law or equity, or demand is made upon the TOWN for payment of any damages arising out of the CONTRACTOR'S performance or non-performance of this Contract, then the CONTRACTOR, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the CONTRACTOR'S performance or non-performance of the CONTRACT. 2 To the full extent permitted by law, no official, employee, agent or representative of the TOWN of North Andover shall be individually or personally liable on any obligation of the TOWN under this Contract. -10- This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and local, which are applicable to this Contract or work with a public entity; and it is presumed that the CONTRACTOR is cognizant thereof.Any and all proceedings or actions relating to the subject matter herein shall be brought and maintained in the courts of the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. • -11- The CONTRACTOR agrees to comply with all the provisions of General Laws, Chapter 30B and all related sections, including amendments thereto, in performing all work under this CONTRACT, and the provisions of said sections are made a part of this CONTRACT and are to be considered as covenants, terms and conditions hereof as though all the provisions were specifically incorporated herein,and the provisions of the said sections shall apply even though it may appear they are not applicable to the work of the type to be performed under this CONTRACT. -12- The CONTRACTOR will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c 151, §1,et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The CONTRACTOR will, if applicable, comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws c.149 (Prevailing Wage), and shall be in force and as amended.The CONTRACTOR will,if applicable, submit certified weekly payrolls to the TOWN in accordance with MGL c151, §1, et seq. The wage rate schedule attached to the bid or solicitation shall be made a part of this contract, and shall continue to be the minimum rate or rates of wages during the life of the contract as updated yearly unless adjusted by the Commonwealth. The CONTRACTOR shall cause a copy of said schedule to be kept posted in a conspicuous place during the life of the contract. -13- The CONTRACTOR will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c151B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The CONTRACTOR shall comply with all federal and state laws,rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified 3 employee be demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law. -14- The CONTRACTOR shall give its personal attention constantly to the faithful performance of the work and shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility, obligation, duty or interest under this Contract without the written approval of the TOWN. -15- It is further agreed that the TOWN may terminate this CONTRACT without cause, upon fourteen (14)days' written notice to the other party, sent by certified mail,to the usual place of business of the other party. The TOWN may also terminate this CONTRACT at any time for cause. To the full extent permitted by law, no official, employee, agent, or representative of the TOWN shall be individually or personally liable on any obligation of the TOWN under this contract. -16- The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification,the word"person" shall mean any natural person, business,partnership,corporation, union, committee, club or other organization, entity, or group of individuals. -17- It is understood and agreed by the TOWN and the CONTRACTOR that a Contract Performance Record Form must be completed on this contract by the Department Head or his designee who is supervising this contract, and such Contract Performance Record Form must be submitted to the TOWN Manager, TOWN Accountant, and Purchasing Agent prior to release of final payment under this contract. If requested by the CONTRACTOR a copy of the Contract Performance Record Form shall be furnished to the CONTRACTOR. -18- The CONTRACTOR certifies that any and all taxes and municipal fees due and owing to the TOWN of North Andover have been paid in full. -19- All fees for TOWN permits or licenses required for these services shall be waived. -20- 4 Notwithstanding anything in the Contract documents to the contrary, any and all payments which the TO is required to make under this Contract shall be subject to appropriation or other availability of funds by the TO" Accountant. The TO may immediately terminate or suspend this CONTRACT without liability on the part of the TOWN for damages, penalties or other charges in the event the appropriation funding this CONTRACT is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this CONTRACT. -21- This contract is only binding upon,and enforceable against the TO"if: 1)the Contract is signed by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN Counsel as to form. At any time during normal business hours, and as often as the TOWN may deem it reasonably necessary, there shall be available in the office of the CONTRACTOR for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. - - This instrument, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. Any Amendments to this Contract must be made in writing and executed by all signatories to the original Contract,prior to the effective date of the amendment. -27- Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the CONTRACTOR shall be deemed sufficient if sent to the address set forth in the Contract and to the TOWN by being sent to the Town Manager, North Andover Town Hall at 120 Main Street,North Andover,Essex County, Commonwealth of Massachusetts. IN WITNESS WHEREOF, the CONTRACTORS and the said TOWN OF NORTH ANDOVER have hereto and to a duplicate hereof,caused their corporate seals to be affixed and these presents, together with said duplicate,to be signed in their name and behalf by their duly authorized officers the day and year first above written. THE TOWN THE CONTRACTOR AK7 ) Real Estate Research Consultants, Inc. Division/Department'Head Company Name Febmaq-L5,2023 To Manager Date Signature Date M1Ej1aH--r-t--"P11R1' Pre.-gidenj APPROVED AS TO FORM: Print Name title Federal Identification Town Counsel No.:_Q4-27fi32b5__ CERTIFICATION AS TO AVAILABILITY OF FUNDS: O- Town Wccountant- Date 6 CERTIFICATIONS CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that our bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee,union, club or other organization, entity, or group of individuals. Signature; �mm... Date Eehn_ ,a V 15, 9073 Brian Pelletier, President Real Estate Research Consultants. Inc. Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I Brian Pelletier , authorized signatory for Real Estate Research Consultants Inc. Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes,permit or other fees,reporting of employees and contractors, and withholding and remitting child support. r—T—T,-1 February 15, 2023 Signature Date 1 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the Real Fstate Research C oncnitants, Inc. held on Eebruary 11, 2093 it was VOTED, THAT Brian Pelletier President (Name) (Officer) Real Estate Research Consultants, Inc. of be and hereby is authorized to execute contracts and bonds in the name and on behalf of said Comps , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of the Comfy on its behalf by such officer under seal of T14compan), , shall be valid and binding upon signature I hereby certify that I am the clerk of the above named Company and that Brian.Pr Metier is the duly elected officer as above of said C omnnny , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. (Date) (Clerk) Christopher Natale 2 Real Estate Research Consultants, Inc. 1538 Turnpike Street RRC North Andover,MA 01845 (978) 91 Brian@rrcpp.crcpp.com 0 www.rrcpp.com 00 October 12, 2022 Mr. William Mitchell, Chief Assessor Assessor's Office Town Hall 120 Main St. North Andover, MA 01845 Dear Mr. Mitchell, Real Estate Research Consultants, Inc. is pleased to submit this proposal to you for the provision of a personal property revaluation and utility appraisal services for your fiscal 2024 revaluation. Personal property revaluation This personal property revaluation includes the complete listing and valuation of each existing personal property account,as well as the discovery,listing and valuation of each new personal property account.Since this process captures all new personal property at existing locations is captured, new growth is maximized. The services provided in this revaluation include: • Calculations of valuations for each new and existing account through the complete personal property listing at each location, coupled with the implementation of a new pricing manual reflecting current prices as of January 1st. Through this process, each individual item of personal property on every account will be valued and depreciated. • Review of all Forms of List to extract pertinent information relative to the personal property tax base for each existing account. • Out of business accounts are identified, verified and removed from the tax file. • New personal property growth will be provided in a growth report format, by account. • Applications for abatement will be reviewed and, if necessary, visited, and then recommendations on how to proceed will be made. • Full telephone support pertaining to any personal property questions. • Creation of an updated data file that reflects all account activity over the course of the year. • Review and valuation of wireless and cable accounts. • Provision of all personal property certification reports to the DOR and assistance in the certification process. Utility appraisals Under the current requirements of the Department of Revenue, Class 504 public utilities must be appraised every year. We appreciate that you entrusted us with these appraisals last year, and we look forward to providing these services again for fiscal year 2024. The relevant utilities in your municipality are: Boston Gas Company Eversource Gas Company Massachusetts Electric Company New England Power Company We will once again need to obtain from you the annual (1/1/2023) information electronically, which will assist us in performing our appraisals. The costs of the services as listed above are: Discovery and file maintenance (9 days @ $700/day) $ 6,300 Account listing and valuation(300 accounts @ $60/account) 18,000 Valuation of existing accounts(700 accounts @ 18/account) $ 12,600 Wireless and cable review and valuation $ 2,000 Class 504 public utility appraisals $ 8,000 TOTAL $ 46,900 Additionally,the annual software support will be billed in June at the rate of$2,000/year. Please feel free to contact me with any comments or questions. Your consideration in this matter is greatly appreciated. Sincerely, Brian J. Pelletier President