Agmt08 Enright and Company, Inc.

Browse Search

AGREEMENT FOR LICENSED MAI APPRAISAL SERVICES Enright and Company, Inc. THIS AGREEMENT is made and entered into as of the 7 day of November, 2008, by and between the CITY OF REDWOOD CITY, a charter city and municipal corporation ( "City "), and ENRIGHT AND COMPANY, INC., a California corporation ( "Consultant ") (collectively, the "Parties "). RECITALS City requires the professional services of a Licensed MAI Appraiser that is experienced in determining the value of real estate assets. Consultant is a Licensed MAI Appraiser, has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows: 1. Scope of Work. City retains Consultant to perform, and Consultant agrees to render, those services (the "Services ") that are defined in Exhibit "A," attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. While performing the Services, Consultant will exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Metropolitan Northern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 2. Term; Time for Performance. Unless earlier terminated, this Agreement will be effective until such services are completed. Consultant will generally adhere to the schedule set forth in Exhibit "A" hereof, attached hereto and by this reference incorporated herein; provided, that City will grant reasonable extensions of time for the performance of such services occasioned by unusually lengthy governmental reviews of Consultant's work product or other unavoidable delays occasioned by circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's officers or employees. Consultant acknowledges the importance to City of City's project schedule and agrees to put forth its best professional efforts to perform the Services under this Agreement in a manner consistent with that schedule. City understands, however, that Consultant's performance must be governed by sound practices. 3. Compensation. The total fee payable for the Services to be performed during the initial term of this Agreement will be seven thousand five hundred dollars ($7,500). Payment will be made pursuant to Exhibit "A." No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10 %) retention until City has accepted the work and /or the Services specified in Exhibit "A." 4. Status of Consultant. Consultant will perform the Services as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. Consultant will be under the control of City only as to the results to be accomplished. 5. Indemnification. Consultant will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City. Agreement under $10K 1 City Attorney Approved Version 111803