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HomeMy WebLinkAboutContract #: 1957 - From: 04-01-2026 To: 06-30-2029 - Catalis Tax and CAMA, Inc. - Assessor CONTRACT NO. VENDOR NO. 20214 CONTRACT WITH THE TOWN OF NORTH ANDOVER FOR SUPPLIES/SERVICES TO THIS CONTRACT made and entered into this a ., day of March, 2026, by and between Catalis Tax and CAMA, Inc., a domestic profit corporation duly authorized by law and having a principal place of business at 3025 Windward Plaza Suite 200 Alpharetta, GA 30005, hereinafter called "VENDOR", 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 TOWN issued its Request for Proposals dated February 23, 2026 for Interim year valuation adjustments in FY2027 and FY2028 and for the FY2029 Certification of all real property, and; WHEREAS, the TOWN has accepted the VENDOR'S proposal subject to the conditions and agreements herein contained; NOW, THEREFORE, IT IS AGREED by and between the Parties as follows: -1- The VENDOR agrees that it will provide valuation services as described in accordance with the Request for Proposals, Specifications, and the Proposal. The Request for Proposal, the Specifications, the Proposal, all required Certifications, all Insurance Binders, and if applicable, the Schedule of Minimum Wage Rates, are incorporated herein and made a part of this CONTRACT. The VENDOR will report to the signatory Department Head of this CONTRACT. -2- The Contract Period will commence on April 1, 2026 and terminating June 30, 2029. Any extensions of time must be by written NOTICE per paragraph 19 from the TOWN, and are at the sole discretion of the TOWN. -3- Total payments under this CONTRACT shall not exceed Ninety-six thousand and 00/100 ($96,000.00) Dollars. This Contract is expressly subject to and contingent upon an appropriation of funds. 1 -4- The TOWN agrees 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 been 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 VENDOR for breach of this Contract. -5- The VENDOR 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 VENDOR 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- It is further agreed by the VENDOR 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 VENDOR'S performance or non-performance of this Contract, then the VENDOR, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the VENDOR'S performance or non-performance of the CONTRACT. 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. The parties agree that the indemnities above shall continue in effect even in the case where a portion of the damage is caused by the acts or omissions (including negligence) of the Town. However,the parties further agree that Vendor in no way waives any defense otherwise available to it in any such event, including the right to assert comparative fault of the Town. To the extent allowable by law, in no event shall either party's aggregate liability under this Agreement exceed the Fees paid to Vendor under this Agreement. Neither party shall be responsible in any event for damages resulting from loss of data, loss of profits, and/or loss of use of product, or for any incidental, special, or consequential damages, even if advised of the possibility of such damages. This limitation of a party's liability shall apply regardless of the form of action,whether in contract or tort, including negligence. -9- 2 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 VENDOR 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. -10- The VENDOR 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. -11- The VENDOR will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c.1516 (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 VENDOR 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 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. -12- The VENDOR 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. -13- 3 Either party may terminate this Agreement upon sixty (60) days prior written notice to the other in the event of the other's failure to cure a material breach within thirty (30) days after receipt of the terminating party's written notice of default concerning the same. -14- 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. -15- The VENDOR certifies that any and all taxes and municipal fees due and owing to the TOWN of North Andover have been paid in full. -16- This contract is only binding upon, and enforceable against the TOWN 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 VENDOR 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 financial compliance with this Agreement. -17- 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. -18- 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 VENDOR shall be deemed sufficient if sent to the address set forth in the Contract in addition to the email address of contracts@ cataIisgov.com 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. 4 -19- Vendor retains ownership of all Vendor Intellectual Property that Vendor delivers to Town pursuant to the Services performed. The right of Town to use the Software and associated documentation is for Town's internal use only and limited to the field of use described in the Agreement. No title or ownership in the Software or documentation is transferred to Town.Town shall not copy or in any way duplicate the Software, except for necessary backup and archival procedures approved by Vendor in advance and in writing. OnlyTown's employees and necessary contractors acting in the proper scope of their services to Town may access or use the Software or documentation. Town shall not adapt, modify, reverse engineer, decompile, or disassemble, in whole or in part, any of the Software and/or any documentation. 5 IN WITNESS WHEREOF, the VENDOR and the said TOWN OF NORTH ANDOVER have hereto and to a duplicate and triplicate hereof, caused their corporate seals to be affixed and these presents, together with said duplicate and triplicate, to be signed in their name and behalf by their duly authorized officers the day and year first above written. APPROVED: VENDOR BY 51\ Melissa Murphy-Rodrigues Printed name: Steven Ashbacher Town Manager, North Andover Title: Executive Vice President APPROVED AS TO FORM: TOWN OF NORTH ANDOVER w. i . M A. I *"L 6 , �.., - mm. 4-- Christine P. O'Connor Town Counsel Depart ent Head 4 Ky W ne To n ccountant Date: 3b,61 i 6