HomeMy WebLinkAbout070113_ca09Consent Agenda
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JEFFERSON COUNTY PUBLIC HEALTH
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www.jeffersoncou ntypu blichealth. org
May 28, 2013
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jared Keefer, Environmental Health & Water Quality Director
Tami Pokorny, Environmental Health Specialist II
DATE: July 1, 2013
SUBJECT: Consent Agenda Item -Personal Services Agreement with the Stephen
Shapiro Commercial Appraisal, LLC; Upon Signature -September 30,
2013 - $4,750
STATEMENT OF ISSUE:
Jefferson County Public Health, Water Quality Division, is requesting Board approval of a Personal Services
Agreement -Stephen Shapiro Commercial Appraisal, LLC; Upon Signature -
September 30, 2013; $4,750
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
Water Quality Division requests Board approval of a personal services agreement with Stephen Shapiro
Commercial Appraisal, LLC to provide a summary appraisal report for a floodplain acquisition south of
Brinnon, WA on the Duckabush River. The appraisal will be conducted in connection with the Dosewallips
and Duckabush Acquisitions 2012 Project (RCO #12-1385C), a salmon recovery project. The Berntsen-
Poetter property is proposed as afee-simple acquisition.
Stephen Shapiro was selected through the vendor list bidding procedure (JCC 3.55.050(3)). In addition to
price, the selection criteria included relevant experience, turnaround time, and appraiser credentials. Mr.
Shapiro has extensive experience appraising conservation properties in Jefferson County and is licensed as
a certified general real estate appraiser by the State of Washington (license #1101561) and a designated
member of the Appraisal Institute (MAI).
FISCAL IMPACT/COST BENEFIT ANALYSIS:
The Berntsen-Poetter appraisal is fully funded by a Salmon Recovery Funding Board grant (RCO #12-
1385C). Matching funds have been provided through the value of parcels previously acquired on the
Dosewallips River floodplain.
COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH
DEVELOPMENTAL DISABILITIES WATER QUALITY
MAIN: (360) 385-9400 ALWAYS WORKING FOR A SAFER AND MAIN: (360) 385-9444
FAX: (360) 385-9401 HEALTHIER COMMUNITY FAX: (360) 379-4487
Consent Agenda
RECOMMENDATION:
JCPH management requests approval of the Personal Services Agreement -Stephen Shapiro Commercial
Appraisal, LLC; Upon Signature -
September 30, 2013; $?~-,;7so
REVIEWED BY:
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Date
(Routed to all Public Health Managers)
PERSONAL SERVICES AGREEMENT
Between
JEFFERSON COUNTY
And
Stephen Shapiro Commercial Appraisal, LLC
This Agreement is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County" and Stephen Shapiro Commercial Appraisal, LLC,
hereinafer referred to as "the Contractor" in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
Section 1. Desienation
The County, on behalf of the Jefferson County Public Health, acting in
compliance under the Contract with Stephen Shapiro Commercial Appraisal,
LLC, hereby contracts with the Contractor who will perform work as described
in Section 15 and the Scope of Work, Exhibit C.
Section 2. Term
This Agreement shall commence upon signature and continues through
September 30, 2013 unless terminated as provided herein.
Section 3. Maximum Payable Amount
$4,750
Section 4. Scope of Agreement
The Contractor shall provide professional appraisal services to the county as
follows:
The Contractor shall provide the services specified in Section 15 and Exhibit C of this
contract. The Contractor shall not be entitled to compensation for the services rendered
under the terms of this contract unless and until the services are satisfactory to the
County. Any dispute relating to the quality of acceptability of the services furnished; to
the acceptable fulfillment and performance of the contract on the part of the Contractor;
and/or compensation due the Contractor shall be decided by the Jefferson County Public
Health, Director or his/her representative. All reports called far under the terms of this
contract shall become the property of and shall be retained by the County.
2. The services to be famished under the terms of this contract shall be performed by the
Contractor and the Contractor's bona. fide employees, and shall not be delegated or
subcontracted to any other person or firm.
The Contractor warrants that it has not employed or retained any company, firm, or
person, other than a bona fide employee working exclusively for the Contractor, to solicit
or secure this contract; and that it has not paid or agreed to pay to any company, person
or firm, other than a bona fide employee working exclusively for the Contractor, any fee,
commission, percentage, brokerage fee, gift, or other consideration contingent upon or
resulting from the award or making of this contract. For breach or violation of this
warranty, the County shall have the right to annul this contract. In this regard Contractor
shall complete and sign the relevant portion of Exhibit A.
4. For purposes of this Contract, the Contractor ackrnowledges that the Contractor is an
independent contractor and not an officer, employee, or agent of the County. The
Contractor shall not hold the Contractor out as, nor claim status as, an officer, employee,
or agent of the County. The Contractor shall not claim for the Contractor any rights,
privileges, or benefits that would accrue to an employee of the County. The Contractor
shall indemnify and hold the County harmless from all obligations to pay or withhold
federal or state taxes or contributions on behalf of the Contractor.
5. The Contractor warrants that, if it is fully or partially employed by any public agency
other than the County, its acceptance of this contract is with the consent of such agency;
that the Contractor shall spend no time in the performance required in this contract during
which time the Contractor would normally be employed and paid by such agency; and
that the acceptance of this contract will not interfere with any obligations the Contractor
may have to such agency.
Compliance with State Ethics Law. The Contractor shall comply with all applicable
sections of the State Ethics Law, Ch. 42.52 RCW, which regulates gifts to state officers
and employees. Under that statute any state officer or employee who has or will
participate with the Contractor regarding any aspect of this Contract is prohibited from
seeking or accepting any gift, favor, or anything of economic value from the Contractor.
Accordingly, neither the Contractor nor any agent or representative shall offer anything
of economic value as a gift, gratuity, or favor directly or indirectly to any such officer or
employee.
During the performance of this contract, the Contractor, far itself, its assigns and
successors in interest, agrees as follows:
a. The Contractor agrees to indemnify, defend and hold Jefferson County and its
officers and employees harmless from and shall process and defend all its own expense
all claims, demands or suits at law or equity arising out of this Agreement and/or the
Contractor's and/or its subcontractor's performance or failure to perform any and al]
duties prescribed by the Agreement; provided that nothing herein shall require the
Contractor to indemnify the Jefferson County against and hold harmless Jefferson County
from claims, demands or suits based solely upon the conduct of the County, its officers or
employees and provided further that if the claims or suits are caused by or result from the
concurrent negligence of (a) the Contractor's agents or employees and (b) Jefferson
County, its agents, officers and employees, this indemnity provision with respect to
claims or suits based upon such negligence shall be valid and enforceable only to the
extent of the Contractor's negligence or the negligence of the Contractor's agents or
employees.
b. The Contractor specifically assumes potential liability for actions brought by the
Contractor's own employees against the County and solely for the purpose of this
indemnification and defense the Contractor specifically waives any immunity under the
State Industrial Insurance Law, Title 51 RCW.
8. Ownership and use of documents. The Contractor acknowledges and agrees that any and
all work product directly connected and/or associated with the services rendered
hereunder, including but not limited to all documents, drawings, specifications, writings,
samples, reports, pictures and the like which the Contractor drafts, makes, conceives,
develops in the performance of the service hereunder, either solely and/or jointly with the
County shall be the sole and exclusive property of the County. The Contractor further
acknowledges that such material shall be considered work for hire and the Contractor
acknowledges the County's sole and exclusive right to such copyright, patent,
trademarks, trade names and other intellectual property right claims for said materials.
Other materials produced by the Contractor in connection with the services rendered
under this agreement shall be the property of the County whether the projects for which
they are made are executed or not. The Contractor shall be permitted to retain copies,
including reproducible copies, of drawings, writings, samples, reports, and specifications
for information, reference, and use in connection with Contractor endeavors. The
Contractor agrees not to publish, submit for publication, display or otherwise use said
material for any reason whatsoever, without the express written consent of the County.
Contractor records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the County and state for a period of six (6) years after
final payments. Copies shall be made available upon request.
The County is contracting for the Contractor's independent performance of the specified
services. Should the County employ another contractor to perform the same services, the
Contractor shall not discuss or otherwise exchange information with such other
contractor.
10. In the performance of the services under this contract, the Contractor shall comply with
all applicable County regulations, State and Federal laws, regulations and procedures.
11. The Contractor shall comply with the Federal Fair Labor Standards Act and any other
legislation affecting its employees and the rules and regulations issued thereunder; and
shall save the County free, clear and harmless from all actions, claims, demands and
expenses arising out of said Act and any rules and regulations that are or may be
promulgated in connection therewith.
12. The Contractor assumes full responsibility for the payment of all payroll taxes, use, sales,
income or any other form of taxes, fees, licenses, excises, or payments required by any
Federal or State legislation which are now or which may be enacted during the term of
this contract as to all the Contractor's employees, and as to all the duties, activities, and
requirements of the Contractor in the performance of this contract.
13. Upon completion or termination of this contract, the Contractor shall turn over all
documents, records and file materials to the County.
14. The services required under this contract are in connection with the project as described.
I5. The Contractor shall provide the following described services under the terms of this
contract pursuant to the speciftc Scope of Work, Exhibit C.
A. Appraisal License Required. The Principal Appraiser must be licensed as a
Washington State Certified General Real Estate Appraiser. The Contractor shall
provide evidence of current licensure of the Principal Appraiser to the County
when requested by the County.
B. Narrative Appraisal Reports.
a. Standards for Appraisals. The appraisal report must be in compliance with
Washington State Recreation and Conservation Office Manual 3, Acquiring
Land: Policies
(http://www.rco.wa.gov/documents/manuals&forms/Manual 3_acq_201 I ,pdf)
and the current Uniform Standards of Professional Appraisal Practice (USPAP)
provisions of Washington Administrative Code 468-100-102 with the following
exceptions:
1) Extraordinary Assumptions and Hypothetical Conditions must be clearly
listed and justified in the appraisal report and be found reasonable by the
review appraiser;
2) Appraisals must include consideration of existing encumbrances;
3) The restricted format for reporting appraisals is not acceptable; and
4) Appraisers must provide a point value, rather than a value range (Example:
$257,000 rather than $240,000 to $270,000) Appraisals should avoid the use
of hypothetical conditions unless consistent with USPAP guidelines. The
Contractor must consider the impact on value of encumbrances and
reservations that will be on the property as it is finally to be conveyed, which
may be different than characterized on the preliminary title report. The
County may require supplemental information or appraisal updates to
accurately reflect the encumbrances in place at the time of conveyance,
b. Appraisal Documentation. The Contractor shall consider and document in
each Appraisal all elements of potential concern to the owner, the Appraiser, and
the County, including:
1) The restricted format for reporting appraisals is not acceptable.
2) Appraisers must provide a point value, rather than a value range.
3) Appraisal reports must include a statement of assumptions and
limiting conditions. If extraordinary (special) assumptions and/or
hypothetical conditions are used, the Contractor must clearly state
these within the report and must provide a reasonable basis, or
justification, for using them.
4) Appraisals must include consideration of existing encumbrances. The
Contractor must consider the impact on value of encumbrances and
reservations that will be on the property as it is fmally to be conveyed,
which may be different than characterized on the preliminary title
report.
5) Neighborhood. The Contractor shall describe the neighborhood
location, boundaries, access, general utilities, and neighborhood
trends. Boilerplate data regarding the state and the region is not needed
unless it directly relates to the subject property.
6) Subject Description. The Contractor shall describe the subject property,
including, but not limited to, identification of the larger parcel access,
topography, shape, available utilities, zoning, and highest and best use of the
subject as vacant and as improved.
7) Structural Improvements. The Contractor shall describe improvements, such
as house, garage, or outbuildings, even if not affected by the acquisition.
8) Site improvements. The Contractor shall describe improvements affected by
the acquisition such as fencing, septic systems, wells, signs, and
lancscaping. Improvements may be outside of the acquisition area but still
may be affected by the acquisition.
9) Utilities. The Contractor shall describe public or community utilities
such as power, sewer, water, telephone, and. gas. If the site lacks public
community water and sewer systems, the Contractor shall discuss the ability
to support on-site systems.
10) Property History. The Contractor shall describe the five-year sales history
of the subject property.
11) Photographs. The Contractor shall include photographs of the subject
property including a street scene, improvements, acquisition area, and
anything outside of the acquisition area that may be affected by the
acquisition. Contractor shall identify each photograph by number.
12) Site Map. The Contractor shall include a site map showing north
arrow, dimensions, approximate location of the improvements,
acquisition area, and streets, roads, alleys, and driveways. The site map
shall indicate by photograph number the place and direction where the
photographs were taken.
C. Sales Comparison Approach. The Contractor shall obtain at least three
comparable sales in order to demonstrate an evaluation of the market. In each
Appraisal, the Contractor shall include market data sheets for confirmed sales
containing site map, photographs, dimensions, and sources of information. The
Contractor shall thoroughly discuss and correlate the comparable sales by
weighting to a supportable conclusion.
D. Environmental Contamination. The Contractor shall appraise each parcel as if it
is free of environmental contamination. If the Contractor observes any sign of
environmental contamination while appraising a parcel, the Contractor shall
immediately notify the County.
E. Joint Inspection. Pursuant to RCW 8.26.180, the Contractor shall ensure that all
owners or their respective representatives are given an opportunity to accompany
the appraiser on an inspection of the property.
(1) Owner Contact. The Contractor shall make a minimum of three attempts
to contact the property owners to schedule a joint inspection. If
unsuccessful, the Contractor shall send a certified letter to the property
owners asking them to contact the appraiser to schedule the joint
inspection. If the owners do not respond, the Contractor shall notify the
County.
(2) Report of Owner Contact. The Contractor shall document all attempts to
contact the property owner on the Report of Contact with Owner page of
the Appraisal. The Contractor shall document on said page any
information obtained during discussions with the property owner that
may affect the value or assist with the review or the negotiations of the
property.
F. Leasehold Issues. When applicable, the Contractor shall include the following
information in each Appraisal:
(1) Leasehold Interests. The Contractor shall identify all leasehold interests
and, when possible, obtain a copy of the rental agreement from the
property owner or tenant and the property owner's consent to provide a
copy of the rental agreement to the County.
(2) Market Rent. The Contractor shall include a market analysis in the
Appraisal to determine and support market rent.
(3) Tenant-Owned Property. The Contractor shall identify tenant-owned
improvements and personal property as either fixtures or personal
property. The Contractor shall contact the Appraisal Supervisor who
shall assist with the coordination of a joint inspection with the property
owner, tenant, Contractor, and County personnel.
G. Revisions to Appraisal Reports. If the County determines that revisions to any
Appraisal produced by the Contractor are necessary due to the Contractor's
oversight or fault, the Contractor shall submit the revised Narrative Appraisal
Reports to the Appraisal Supervisor within ten (10) calendar days of receipt of
the County's request for revisions. Contractor shall make the revisions at no
additional cost to the County. Failure to furnish the required information or
revisions within ten (10) calendar days shall be a breach of contract unless the
County agrees in writing to a later date.
H. Review Appraisal Reports.
(1) The Contractor will follow the review reporting requirements established by
USPAP. If the value of the appraisal review differs from the original
appraisal, the review appraiser must adhere to the appraisal guidelines listed
in the Washington State Recreation and Conservation Office Manual 3,
Acquiring Land: Policies
(http://www.rco.wa.gov/documents/manuals&forms/Manual 3 acq_2011,pd
f) when establishing a new value.
(2) The Contractor must either approve or reject the value conclusion. The
reviewer may approve the value and either acknowledges that the appraisal
meets the guidelines in this manual or develops or obtains the necessary
work product to bring the report into compliance. If the reviewer rejects the
value, the sponsor must either require the reviewer to provide a compliant
value conclusion or obtain a new appraisal.
(3) The Contractor must list all extraordinary (special) assumptions and /or
hypothetical conditions and comment on their reasonableness. If the findings
are that the assumptions or conditions are not reasonable, the value of the
land may not be supported.
(4) The Contractor must consider the impact on value of encumbrances and
reservations that will be on the property as it is finally to be conveyed, which
may be different than characterized on the preliminary title report.
(5) In all instances of desk reviews, where the Contractor rejects the appraised
value and becomes the appraiser of record 6y providing an alternate value
conclusion, the review appraisal must take the form of a field review or new
appraisal assignment in accord with RCO guidelines.
16. The Contractor shall be paid for the above described services as follows:
a. Advance Payment Prohibited. The County shall not make any payments in
advance or anticipation of the delivery of services to be provided pursuant to this
Contract. The Contractor will not commence work under this contract, or any
revision thereto, until the County provides a commencement date in writing.
Billings for services performed prior to the said commencement date will not be
honored.
b. Billing Limitations. The Contractor shall not bill and the County shall not pay for
services performed under this Contract if the Contractor has charged or will
charge the County or any other party for the same services.
c. Contractor Expenses. The Contractor shall not bill and the County shall not pay
for expenses associated with this Contract except for specialist reports and
estimates at rates that have been previously approved by the County.
d. Conformance with Contract. The County shall pay only for authorized services
that meet the requirements of this Contract. The County shall not pay for any
Appraisal or other material that the County determines is unusable or does not
meet the requirements of this Contract.
e. Invoices. The Contractor shall submit an itemized invoice to Jefferson County
Public Health, 615 Sheridan St. Port Townsend, WA 98368 c/o Floodplain
Acquisitions Project Manager, for services rendered. The Contractor's invoice
shall itemize the date and number of hours worked, and shall not include the
Contractor's expenses except specialist reports and estimates. The Contractor
shall provide copies of the original supporting documents for specialist reports
and estimates authorized under this Contract.
f. Waiver for Late Delivery. A delay in submitting an Appraisal or revision that is
outside of the Contractor's reasonable control may be excused at the sole
discretion of the County.
g. Payment. Upon completion of the Appraisal Review, the County shall pay the
Contractor's invoice provided that the Appraisals have passed review.
b. Mileage. Mileage will be reimbursed at the federal mileage rate.
17. The project for which the services of the Contractor are required may involve
litigation of
claims against or brought by Jefferson County. All work performed by the Contractor is
strictly confidential. No disclosure of the work performed by the Contractor shall be
permitted without the prior express written consent of the County, The Board of County
Commissioners and the Prosecuting Attorney.
18. Billings for services performed after the said termination date will not be honored, except
as otherwise specified in Section 26.
19. Revisions to this contract may be made only by the mutual written agreement of both
parties to this contract to execute a Contract Revision.
20. The Contractor shall not assign this Contract or any rights or obligations contained in this
Contract to a third parry.
21. To assist the Contractor in fulfilling the termination of this contract, the Department will
furnish the following:
Preliminary Title Reports for the respective properties
Maps as needed.
22. The Project Manager andlor his/hers representative will supervise the performance of this
contract and is the Contractor's contact with the County in all matters pertaining to this
contract.
23. Insurance Requirements:
a. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
The Contractor shall obtain and keep in force during the terms of the Contract,
Commercial Automobile Liability Insurance as follows:
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for al] owned and non-owned vehicles assigned to or
used in the performance of the work for a combined single limit of not less than
$300,000 each occurrence, with the COUNTY named as an additional insured in
connection with the CONTRACTOR' S performance of the contract.
Said Commercial Automobile Liability policy shall name County of Jefferson as
an additional named insured and shall include a provision prohibiting
cancellation of said policy except upon thirty (30) days prior written notice to the
County. Certificates of coverage as required by this section shall be delivered to
the County within fifteen (15) days of execution of this agreement.
b. GENERAL COMMERCIAL LIABILITY INSURANCE
The Contractor shall obtain and keep in force during the terms of the Contract,
General Commercial Liability Insurance as follows:
General Commercial Liability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000) per occurrence and an aggregate of not less
than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily
injury, including death and property damage, unless a greater amount is specified
in the contract specifications. The insurance coverage shall contain no
limitations on the scope of the protection provided and include the following
minimum coverage:
(1) Broad Form Property Damage, with no employee exclusion;
(2) Personal Injury Liability, including extended bodily injury;
(3) Broad Form Contractual/Commercial Liability including completed
operations;
(4) Premises -Operations Liability (M&C);
(5) Independent Contractors and subcontractors;
(6) Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
(1) Certificate of Insurance
(2) Self-insurance through an irrevocable Letter of Credit from a qualified
financial institution.
24. Venue and Choice of Law: In the event that any Litigation should arise concerning
the services of interpretation of any of the terms of this Agreement, the venue of such
action of Litigation shall be in the courts of the State of Washington in and for the County
of Jefferson. This agreement shall be governed by the Law of the State of Washington.
25. Special Provisions:
A. Disputes. Either party who has a dispute concerning this Contract may request dispute
resolution. The Contractor's request for dispute resolution must:
(1) be received by Jefferson County Public Health, 615 Sheridan St., Port Townsend,
Washington 98368 no later than thirty (30) days after Contract termination or the
Contract End Date shown on page 1 of this Contract;
(2) be sent by certified mail (return receipt) or other manner that proves that the
Jefferson County Public Health received the request;
(3) include a statement explaining the Contractor's position; and
(4) include the specific provisions of this Contract that support the Contractor's position
and a statement of the reasons why such provisions support the claim.
a. The Jefferson County shall first attempt to resolve the dispute within thirty (30)
days of receipt of the Contractor's request. If the dispute cannot be resolved or if
the County requests dispute resolution regarding an issue it may have with the
Contractor, the parties shall agree to select an independent third party to serve as
a mediator. The cost of the mediation process shall be shared equally by the
parties with each party bearing its own preparation costs. The selection of the
mediator and the time and place of mediation shall be agreed upon by the parties.
The dispute resolution process is a contractual condition precedent to either
party's right to seek judicial or quasi-judicial relief.
Termination Due to Chance in Funding. If the funds the County relied upon to
establish this Contract or any Task Order are withdrawn or reduced, or if
additional or modified conditions are placed on such funding, the County may
immediately terminate this Contract by providing written notice to the
Contractor The termination shall be effective on the date specified in the notice
of termination.
c. Termination for Convenience. The County may terminate this for any reason at
any time upon ten (10) days' written notice to the Contractor. In the event this
Contract is terminated for convenience, a final payment shall be made to the
Contractor for those services authorized and provided through the date of
termination.
d. Termination for Defauh.
(1) Basis for Termination. If the County determines the Contractor has failed to
comply with any of the terms and conditions of the Contract in a timely
manner; failed to meet or maintain any requirement for contracting with the
County; and/or violated any applicable laws or regulations, the County has
the right to terminate this Contract for default. The County shall notify the
Contractor in writing of the need to take corrective action. L` corrective
action is not taken within ten (10) days, the Contract may be terminated. If
the County determines the Contractor has failed to meet or maintain any
requirement for contracting with the County or violated any applicable laws
or regulations, the County may terminate the Contract without providing an
opportunity to cure. If this Contract is terminated, the Contractor shall be
liable for damages as authorized by law. If it is determined for any reason
that the Contractor was not in default, the termination shall be deemed a
termination for convenience by the County and the Termination for
Convenience provision of this Contract shall apply.
(2) Determination of Payment. The amount to be paid to the Contractor shall be
determined by the County with consideration given to: the amount of work
originally required that was satisfactorily completed to the date of
termination; whether the work is usable to the County at the time of
termination; the cost of employing another firm to complete the work and the
time which may be required to do so; and, other factors which affect the
value of the work to the County at the time of termination.
e. Termination Procedure. The following provisions apply if this Contract is
terminated:
(1) Stop Work. The Contractor shall cease to perform any services required
10
by this Contract as of the effective date of termination and shall comply
with all instructions contained in the notice of termination.
(2) Delivery of Material. The Contractor shall immediately deliver to the
County all material created to date.
(3) Billing and Payment. The Contractor shall only bill for, and the County
shall only be obligated to pay for, services provided through the date of
termination. The County's payment for any part of the work shall not
constitute a waiver by the County of any remedies of any type it may
have against the Contractor for breach of this Contract by the
Contractor, or for failure of the Contractor to perform work required by
the County.
26. Waiver of any provision of this Contract by the County shall only be effective if in
writing and signed by an authorized employee of Jefferson County Public Health
Department. Waiver of any breach or default on any occasion shall not be deemed to be a
waiver of any subsequent breach or default and shall not be construed to be a
modification of the terms and conditions of this Contract.
27. This Contract, including referenced exhibits, represents all the terms and conditions
agreed upon by the parties. No other understandings or representations, oral or otherwise,
regarding the subject matter of this Contract shall be deemed to exist or bind the parties.
28. This Personal Service Contract is hereby tendered and the terms and obligations hereof
shall not become binding on Jefferson County unless and until accepted and approved
hereon in writing for the Jefferson County Board of County Commissioners.
Dated this Z~ ~ day of ~~" 2013
By:
By:
John Austin, Chair
Jefferson Board of County Commissi
For Stephen Shapiro Commercial Appraisal, LLC
Approved as is form only:
~ ~ J~7/<3
Jefferson ®, Praeecut®r's fice
11
EXHIBIT A
CERTIFICATION OF CONSULTANT
Jefferson County
I hereby certify that I am /' ,and duly authorized representative of
the firm of ,~ S .Yr 0'A!' 4,p~r~~ /*~,~ and that neither I nor the above
firm 1 here repr sent has: ~(
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other
consideration, any firm or person (other than a bona fide employee working solely for me
or the above Contractor) to solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain
the services of any firm or person in connection with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for me or the above Contractor) any fee, contribution, donation
or consideration of any kind for, or in connection with procuring or carrying out the
contract; except as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of
Washington and that the firm is in full compliance with the requirements of the Board of
Professional Registration.
G DaB S' tore
CERTIFICATION OF AGENCY OFFICIAL
I hereby certify that I am the AGENCY Official of the County of Jefferson, Washington State and
that the above consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or
consideration of any kind, except as here expressly stated (if any).
Date Signature
12
EXHIBIT B
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSHiILITY MATTERS -PRIMARY COVERED TRANSACTIONS
The prospective primary participant certifies to the best of its knowledge and belief that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
2. Have not within a three (3) year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
3. Are not presently indicted far or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (2) of this certification; and
4. Have not within a three (3) year period preceding this proposal had one or more
public transactions (Federal, State and local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Fum
GGG
~/~~~3
Signature (Authyfized"Official or Consultant) ~ DA'
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EXHIBIT C
Scope of Work
1. Berntsen - Poetter Property
A complete Summary Appraisal Report for the potential fee-simple acquisition of the
Berntsen Property, Jefferson County APN# 502171004 and 502171012 on Duckabush
Road, Brinnon, Washington.
4 hard copies
1 electronic PDF copy
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