CCR2011168-BuildingInspectionAgreement-WIBILLP
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #168-2011
APPROVAL OF CONTRACT BETWEEN THE CITY OF MUSKEGO AND
WI BUILDING INSPECTIONS LLP FOR BUILDING INSPECTION SERVICES
FOR THE CITY OF MUSKEGO
WHEREAS, The Finance Committee has reviewed the attached professional services
contract between the City of Muskego and WI Building Inspections LLP for building
inspection services for the community.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the attached Agreement subject to any changes required by the Community
Development Director in consultation with the City Attorney.
BE IT FURTHER RESOLVED That the City Attorney has approved the attached
contract and the Mayor is authorized to sign the Agreement in the name of the City.
nd
DATED THIS 22 DAY OF November , 2011.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Neome Schaumberg
Ald. Keith Werner
Ald. Noah Fiedler
This is to certify that this is a true and accurate copy of Resolution #168-2011 which
was adopted by the Common Council of the City of Muskego.
______________________________
Clerk-Treasurer
CONTRACT FOR INSPECTION SERVICES
AGREEMENT, made this ____ day of November, 2011 between Wisconsin Building Inspections, LLP,
Vincent Budiac, Senior Partner, and Scott Johnson, Senior Partner, herein called the Contractors, and
the City of Muskego, a Municipal Corporation, duly organized and located in the County of Waukesha,
State of Wisconsin, hereinafter called the City, witnesseth:
WHEREAS, The City of Muskego is desirous of hiring an individual(s) to serve as Building Inspector for
the City of Muskego, and;
WHEREAS, The City of Muskego is desirous of having a written agreement between the parties, and;
WHEREAS, The Contractor has agreed to provide such service in accordance with the terms and
provisions of this contract.
NOW, THEREFORE, the Contractor and the City agree as follows:
1. The Contractor shall serve as the Building Inspector for the City of Muskego.
2. The Contractor shall be State certified in U.D.C. Construction, Electrical, Plumbing and H.V.A.C
,as well as Commercial Electric, Plumbing and Construction.
3. The Contractor agrees to perform all Building Inspector duties including, but not limited to:
a. To complete all commercial building permit reviews and commercial building permit
inspections.
b. To perform all inspections needed that are associated with permits that were issued prior
to the effective date of this contract, at no extra charge.
c. Residential and Commercial Erosion Control.
d. To complete all Residential and Commercial Building permit reviews, as well as, all
associated inspections with those permits.
4. The Contractor agrees to hold office hours in the City offices as agreed upon between the
Contractor and the Community Development Department Director from time to time (Generally
hours shall be M-W-F from 8:00 a.m.-9:00 a.m).
5. As compensation for providing building inspection services, the City shall pay the contractor
Forty-Five percent 45% of all fees collected for all permits. Forty percent 40% for permits over $
50,000 dollars. In the event of a sharp drop in permit revenues ,as they relate to previous yearly
totals ( 2008-2010) the terms of the contract as it relates to percentages can be reviewed after
six (6) months.
6. No additional compensation shall be paid. The City shall compensate the Contractor no later
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than the 21 of the month following the previous month that services were rendered.
7. The Contractor shall keep an accurate record of the hours required to perform the services under
this contract. The Contractor shall provide a monthly statement of services rendered and a
recap of permits issued on a monthly basis. Likewise the City Building Permit program will issue
monthly statement of permits issued along with the monthly costs.
8. The Contractor shall provide:
a. Field communication equipment and all other necessary equipment.
b. Vehicles fuel and auto insurance for the Contractor and any staff.
c. Supplemental systems and support and administrative coordination.
d. Wisconsin license fees for the Contractor and any staff.
e. Professional liability insurance in an amount of at least $2 million per occurrence and $4
million general aggregate.
f. Computers with internet access in the field.
g. Cell phones for each inspector in the field at all times working in the capacity for the City
of Muskego.
9. The City shall provide office space, desk, desk chair, file cabinet, and use of photocopier, phone,
and fax machine during the term of this contract.
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10. This agreement shall be in effect from the 1 day of January 2012 through the 31 day of
December 2015, but could be in effect as early as December 1, 2011 should the city require.
This contract shall not be assigned or sublet to any other person, firm or corporation without the
express written consent of the City Council of the City of Muskego.
11. The City may terminate this contract at any time for failure of the Contractor to adequately
provide inspection services as required or upon failure of the Contractor to otherwise adhere to
the terms of this contract. Either party may terminate this Contract upon ninety (90) days written
notice to the other party of the intention to terminate. Any notice to the City shall be sent to the
City Community Development Director.
12. It is further understood and agreed that the Contractor is an independent contractor and is not an
employee of the City of Muskego, and all persons engaged by the Contractor in performance of
this contract shall be deemed the Contractor’s agents and employees and not the agents and
employee of the City of Muskego. The Contractor shall hold harmless and indemnify the City for
any and all damages resulting from the action or non-action on the part of the Contractor, or any
of its employees, including, without limitation, all litigation costs and legal fees, arising in any out
of its work as the Building Inspector for the City of Muskego (except acts performed in good faith
and without intentional misrepresentation by the Contractor as a recommendation only, for which
the final action related to the claim was taken by a City governing body Per Wisconsin State
Statute 62.115 (1).).
13. Public Records Responsibilities Contract Terms
a. City and Contractor recognize that applying applicable Wisconsin public records laws
to particular records requests can be difficult, in light of copyright and other
confidentiality protections. To ensure that applicable laws are followed, both with regard
to private rights, and with regard to public records laws, City and contractor agree as
follows. When City receives public records requests for matters that City believes might
be proprietary or confidential information, City will notify Contractor of the request.
Within three (3) days of such notification (subject to extension of time upon mutual
written agreement), contractor shall either provide City with the record that is requested,
for release to the requestor; or Contractor shall advise City that Contractor objects to the
release of the requested information, and the basis for the objection. If for any reason
the City concludes that the City is obligated to provide a record to a requestor that is in
Contractor’s possession, Contractor shall provide such records to City immediately upon
City’s request. Contractor shall not charge for work performed under this paragraph,
except for the “actual, necessary and direct” charge of responding to the records request,
as that is defined and interpreted in Wisconsin law. In addition to, and not to the
exclusion or prejudice of, any provisions of this agreement or documents incorporated
herein by reference, Contractor shall indemnify and save harmless and agrees to accept
tender of defense and to defend and pay any and all legal, accounting, consulting,
engineering and other expenses relating to the defense of any claim asserted or imposed
upon the City to provide records to City upon City ‘s request; or (iii) City’s charges made
to a records requestor, based upon reimbursement of costs Contractor charged to City in
responding to a records request; or (iv) City’s lack of timely response to a records
request, following Contractor’s failure to timely respond to City rights, or any other
copyright or confidentiality claims, shall be waived such that City may provide all
requested documents, programs, data, and other records to the requestor, upon failure
by Contractor to defend, indemnify or hold harmless the City as required herein, and/or
upon judgment of a court having jurisdiction in the matter requiring release of such
records.
IN WITNESS THEREOF, the City of Muskego has caused these presents to be signed by its City
Mayor.
Scott Johnson- Senior Partner Wisconsin Building Inspections L.L.P.
Vince Budiac- Senior Partner Wisconsin Building Inspections L.L.P.
City of Muskego
A Municipal Corporation
Mayor Kathy Chiaverotti