HomeMy WebLinkAboutContract #: 1599 - From: 03-29-2023 To: 03-28-2026 - J.F. Ryan - Assessor JFRYAN PROPERTY APPRAISAL AND
ASSOCIATESINC M ANA G E MEN T C 0 NSU I T I N G
Contract for Valuation Services —Assessment AppeaMitigation Support
Property of Osgood RT 125 Project LLC/Amazon.com Services LLC, 1450 Osgood ST
March 29,2023
Parties and Authority
William Mitchell,Chief Assessor,representing the Town of North Andover and its Board of Assessors
(Client),requires the services of an expert in the area property appraisal and assessment support for the
property identified above.
Services.
A. Services& Representations.J.F. Ryan Associates, Inc. is engaged by the Client to review records
and conduct valuation research and analysis for the property under appeal,and upon request,meet with
the Client and/or the property owner and their representatives. Furthermore,the Client may require John
F. Ryan to testify at deposition and/or at trial. By signing below,J.F. Ryan Associates,Inc.,represents
and warrants that John F.Ryan has sufficient skill,experience,education and knowledge to be
considered an expert in this area and that he/she is able to provide these services.
B. Scope of Work. The Client will determine the scope of the work and provide any and all available
documentation,including any confidential property data, for the assignment.J.F Ryan Associates, Inc.
will determine the means by which the work is completed including all professional appraisal
conclusions.
C.Expert Status.J.F.Ryan Associates,Inc. acknowledges and agrees the relationship with the Client is
as an independent contractor. J.F. Ryan Associates,Inc. and its employees are not employees, agents,
partners or joint ventures with the either the Client or any of its employees/consultants.J.F. Ryan
Associates,Inc. and its employees are not entitled to receive any benefits which employees of the Client
receive and are not entitled to worker's compensation,unemployment compensation,medical insurance,
life insurance,paid vacations,paid holidays,pension,profit sharing or Social Security on account of
work for the Client. The Client will not withhold any federal, state or local taxes,FICA or FUTA from
payments made to J.F. Ryan Associates, Inc. and by executing this Agreement J.F. Ryan Associates,Inc.
acknowledges responsibility for satisfying all of your tax liabilities.
D.Termination.J.F. Ryan Associates, Inc. acknowledges the Client may elect to terminate services
upon delivery of written notice to J.F. Ryan Associates, Inc.J.F.Ryan Associates,Inc.may terminate
this Agreement upon delivery of written notice to the Client.Regardless of termination by either party,
any fees related to work performed,including future time scheduled for any purpose,prior to receipt of
said written notice are due and payable to J.F.Ryan Associates.
E.Amendments.This contract can only be amended by written agreement of both parties.
JFRYAN PROPERTY APPRAISAL AND
ASSOCIATESINC 1A ANA GEM E N I' C ON S U Ll I ING
Contract— Valuation Services-Assessment Appeal/Liti2ation Support Pau 2
Financial.
A.Compensation. The hourly rate for time is as follows:
0 $350 for consultation/research and travel time
0 $400 for deposition and trial testimony
Travel costs are reimbursable using GSA per them rates if feasible. Other out-of-pocket expenses
incurred in performing services are reimbursable at actual cost. Reimbursable expenses may include,
but are not limited to,expenses relating to telephone calls,travel,messengers and photocopying.
Expenses,other than travel,in an amount exceeding$250 must be pre-approved by the Client.
B. Invoicing and Payments.J.F. Ryan Associates Inc.will submit to the Client invoices for time and
expenses. The total cost for professional services pursuant to this agreement shall not exceed$50,000.
Upon the Client's request,for an additional professional fee,J.F. Ryan Associates,Inc. will prepare
narrative appraisal reports in compliance with The Uniform Standards of Professional Appraisal
Practice. The Client and J.F. Ryan Associates will agree on the scope of such reports,either a
complete or restricted appraisal report,prior to the c'ornmencement of report preparation. If the
property appeal is settled subsequent to the commencement of report preparation but prior to report
completion,J.F. Ryan Associates, Inc. invoice for the work completed to date at the hourly research
rate.
Payment for services does not depend in any way either on the outcome of property assessment appeal
or substance of any opinions.
In no event will this contract exceed three years and is subject to annual appropriation
Confidentiality.
J.F.Ryan Associates,Inc. considers all information regarding the assignment provided by Client
proprietary and confidential.J.F.Ryan Associates,Inc.agrees not to disclose such information to third
parties without the consent of the Client, except as may be required by law,regulation or judicial or
administrative process.J.F.Ryan Associates agrees all of work on this project is work product and is the
sole property of the Client.
Defense&Indemnification.
J.F. Ryan Associates,Inc.agrees to indemnify,defend and hold the Client,its employees and
subcontractors harmless from any and all claims,demands,losses,damages and liabilities,and related
costs and expenses(including attorneys' fees and expenses), incurred or suffered by the Client by reason
of or relating to any breach by you of this letter agreement; other than,in each case,to the extent finally
judicially determined to be caused by the Client's bad faith or will misconduct.
JFRYAN PROPERTY APPRAISAL AND
ASSOCIATESINC M A N A 6 E M E N 'T C 0 N S U Ll' I N G
Contract— Valuation Services-Assessment Appeal[Litigadon Support Page 3
Execution of Agreement.
The rates,terms, conditions and other contents of this letter Agreement are considered confidential and
are not to be shared with anyone not directly associated with this Assignment.
J.F.Ryan Associates,Inc.
By:
John F. Ryan,CAE, FAAO
Town of North Andover
By:
2-2
I certify that an appropriation is
available in the amount of this Contract
Town Abc-ountant