HomeMy WebLinkAbout4485
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 4485
REID REAL ESTATE/ROGER DURYEA
Consultant - Real Property - Purchase & Sale
Econ Devel
PRO File Class LEG 12-1
$10000.00
04/24/2005
12/31/2005
02/15/2007
GL $
AL $
E&O $
Insurance Total $
Insurance Review Date
Termination w/7 days written notice
Vault 01/01/2007
PROFESSIONAL SERVICES AGREEMENT
CITY OF BREMERTON
AND
REID REAL EASTATEIROGER DURYEA
The City of Bremerton ("City") and Reid Real Estate/Roger Duryea
("Consultant"), referred to collectively as the "Parties," enter into the following
Agreement for professional services:
I. Scope of Work: The Consultant agrees to research, review and consult with the
City ofBremerton, regarding purchase and sale of real properties owned, to be
purchased, sold and/or leased by the City ofBremerton. Consultant represents that
the services furnished under this Agreement will be performed in accordance with
generally accepted professional practices in effect at the time such services are
performed.
ll. Term: The City and the Consultant agree that work will begin on the tasks
described immediately upon execution of this Agreement. The parties agree that
the work is to be completed as agreed, needed and requested.
ID. Compensation: In consideration of the services provided pursuant to this
Agreement, the City shall pay Consultant in an amount not to exceed Ten
Thousand Dollars ($10,000.00) at an hourly rate of Forty Dollars ($40.00) per
hour.
The Consultant shall submit a billing statement detailing work performed and
amount charged on each task or portion thereof. Upon receipt of conforming
billing statement, the City shall promptly process payment.
Consultant shall not perform work, unless the Scope of Work and amount of
compensation is agreed upon in advance pursuant to this Agreement.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does
not relieve Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Roger Duryea/Reid Real Estate represents that he is
skilled in the matters addressed in the Scope of Work and is performing
independent functions and responsibilities within its fi'eld of expertise. Consultant
and its personnel are independent Consultants and not employees of the City.
Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the
City to its employees, including, but not limited to, compensation, insurance, and
unemployment insurance are available from the City to the employees, agents,
representatives, or sub-Consultants of the Consultant. Consultant will be solely
and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub-Consultants during the performance of this
BREMERTONlReidIR. Duryea
Page 1 of3
- ,,'
Agreement. The City may, during the term of this Agreement, engage other
independent Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management.
The City's administration and enforcement ofthis Agreement shall not be deemed
an exercise of managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes
and licensing fees necessary to perform its obligations under this Agreement.
V. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall
furnish periodic reports and documents on matters covered by this
Agreement.
B. Ownership and Use of Records and Documents: All Documents,
mcluding all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are
the property of the City.
C. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are
no other agreements, written or oral, that have not been set forth in the text
of this Agreement.
D. Severability: Should any part of this Agreement be found void, the
balance of the Agreement shall remain in full force and effect.
E. Modifications: This Agreement may only be modified by written
instrument signed by both Parties.
F. Written Notices: All communications regarding this Agreement shall be
sent to the parties at the addresses listed below by registered or 1 st class
mail, or by personal service, and shall be deemed sufficiently given if sent
to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing.
City of Bremerton
Gary Sexton
Economic Development
345 6th Street
Bremerton, W A 98337
Reid Real Estate
Roger Duryea
P.O. Box 4430
Bremerton, WA 98312
BREMERTONlReidIR. Duryea
Page 2 of3
G. Compliance with Laws: Consultant shall comply with all applicable
Federal, State, and local laws in performing its obligations under this
Agreement.
H.I Choice of Law and Venue: This Agreement shall be interpreted
according to the laws of the State of Washington. Any judicial action to
resolve disputes arising out of this Agreement shall be brought in Kitsap
County Superior Court.
I. Assignment: Any assignment of this agreement by the Contractor
without the written consent of the City shall be void.
VI. Nondiscrimination: Consultant shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age,
marital status, or disability, except for employment actions based on bona fide
occupational qualification.
VII. Termination: Either party may terminate this agreement upon seven (7) days
advance notice in writing.
Reid Real Estate
~ n
. ''r+'
/, .:--1~-}--- pI. }...//A-f- -CA-.
, (
By: Roger Duryea
Its: Ass~ci,te Blk~
Date: .if;, ~c / ().!:>
/
/
BREMERTONlReidIR. Duryea
Page 3 of3