CCR1994011e COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #11-94
APPROVAL OF ARTICLES OF AGREEMENT FOR NEW CONSTRUCTION
DAY & ZIMMERMANN AND THE CITY OF MUSKEG0
WHEREAS, the City of Muskego and City Assessor desire to Contract
with Day & Zimmermann to provide services, outlined in the
Agreement, to assist the Assessor in maintaining assessed values
for real property.
WHEREAS, the Finance Committee has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of Finance Committee,
does hereby approve the attached Articles of Agreement for New
Construction between the City of Muskego and Day &
Zimmermann to provide services to assist the Assessor.
BE IT FURTHER RESOLVED that the Assessor and City Clerk are
authorized to sign the Agreement in the name of the City subject
to approval by the City Attorney.
DATED THIS llTH DAY OF JANUARY , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #11-94 which was adopted by the Common Council of the
1/94 jmb
ARTICLES OF AGREEMENT
FOR
NEW CONSTRUCTION
FOR
THE CITY OF MUSKEGO, WISCONSIN
TABLE OF CONTENTS
I.
11.
111.
IV.
V.
VI.
VII.
VIII.
x.
XIX.
XI.
XII.
XIII.
XIV.
xv.
XVI.
XVII.
XIII.
ARTICLES OF AGREEMENT
SERVICES TO BE PROVIDED
CONTRACT DOCUMENTS
PERIOD OF AGREEMENT
COMPENSATION
INDEPENDENT CONTRACTOR
OWNERSHIP OF DATA
INDEMNIFICATION AND INSURANCE
EMPLOYMENT LAWS
PROJECT PERSONNEL
SUBCONTRACTS
ASSIGNMENT OF AGREEMENT
CHANGES IN AGREEMENT
GOVERNING LAW
CONFLICT
ENTIRE AGREEMENT
SEVERABILITY
TERMINATION
NOTICES
SIGNATURE/WITNESS PAGE
SCHEDULE A
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COLE-LAYER-TRUMBLE COMPANY
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1 ARTICLES OF AGREEMENT
This Agreement is by and between the City of Muskego, located in the State of Wisconsin,
hereinafter referred to as "the City"; !i
AND
4 Day & Zimmermann LLC, a Delaware corporation qualified to do business in the State of
Wisconsin, hereinafter referred to as "the Company".
WITNESSETH
WHEREAS, the Company has experience in the design, development, and implementation
of computer-assisted appraisal systems, and;
WHEREAS: the Company has served county and municipal governments in the mass
appraisal field for over fifty years; and
WHEREAS, the City deserves to utilize said services;
COLE.LAYER*TRUMBLE COMPANY
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NOW, THEREFORE, it is hereby agreed that the Company shall provide rhe services
contained in Schedule A (Services to be Provided) during the period of this Agreement as
specified in Article 111 hereof.
COLE-LAYER*TRUMBLE COMPANY
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I. SERVICES TO BE PROVIDED
The Company shall provide to the City in a professional and workmanlike manner
all of those service stipulated in Schedule A (Services to be Provided), and the
Company shall be responsible for the scheduling of personnel as categorized in
Schedule A.
11. CONmCT DOCUMENTS
This Agreement and Schedule A comprise the contract documents.
111. PERIOD OF AGREEMENT
This Agreement shall run from the date of execution until June 1, 1994.
The Company’s time of performance of this Agreement is conditioned upon the
performance of the RESPONSIBILITIES OF THE CITY contained in Schedule
A and upon the nonoccurrence of an act of God or other cause or causes beyond
the Company’s control which materially increase the cost or difficulty of the
Company’s performance, but occurrence of any such event should not relieve the
Company from full performance, but shall entitle the Company to a reasonable
extension of the completion date and additional compensation to be negotiated.
COLE*LAYER*TRUMBLE COMPANY
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In the event the Company has not completed all work under this Agreement by the
specified completion date, the Company shall pay a penalty of $50.00 per calendar
day up to the date such work is completed.
In addition to the above, the Company’s performance of the Agreement is
conditioned upon the receipt by the Company from the City of all required City
information on a timely basis. If the City fails to make timely deliveries of such
information the Company’s obligation to perform the services provided in this
Agreement shall be suspended until such deliveries are made, any and all requests
for such information shall be made in writing by the Company upon reasonable
notice, but no less than two (2) weeks prior to delivery of same.
N. COMPENSATION
As compensation for the Company providing the services contained in Schedule A,
the City shall pay the Company per parcel rates as specified in Schedule A.
Invoices shall be submitted every four weeks for an amount which reflects the
amount of work actually performed during the preceding four weeks. Payments
will be made, contingent upon certification of the progress report and itemized
billing by the Assessor, within thirty (30) days of submittal IO the Assessor, less ten
percent (10%) retention, which retention shall be paid to the Company upon
certification by the Assessor that all work has been completed by the Company in
accordance with this Agreement. The Assessor will notify the Company in writing
COLE.LAYER.TRUMBLE COMPANY
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of any apparent discrepancies contained in the iremized billing within fifteen (15)
days of receipt of any billing. Failure of the city to make payment when due shall
entitle the Company, in addition to its other rights and remedies, to suspend
further performance of this Agreement without liability. The City shall have the
right to inspect the progress of the work at any reasonable time, including without
limitation. inspection of data completed by the Company.
V. INDEPEFiDENT CONTRACTOR
The relationship of the Company to the Ciry shall be that of an independent
contractor and no principal-agent or employer-employee relationship is created by
this Agreement.
VI. OWNERSHIP OF DATA
Data collected is the property of the City. Data used by the Company in the
services contemplated herein shall remain the property of the City and no use or
copying shall be made thereof beyond that Listed in this Agreement without the
written permission of the City.
COLE*LAYER*TRUMBLE COMPANY
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VII. INDEMNIFICATION AND INSURLVCE
Except as provided below, the Company agrees to defend and save harmless the
City, its officer, agents and employees against all claims, demands, payments, suits,
actions, recovery and judgments of every kind and description for personal injury
or property damage brought or recovered against it by reason of any negligent
action or omission of the Company, its agents, or employees and with respect to
the degree to which the City is free from negligence on the part of itself, its
employees and agents.
The Company agrees to indemnify and save harmless the City, its officers, agents
and employees against all payments. recovery and judgments of every kind and !
description arising out of any valuation dispute, recovered against it, whether based
in contract, negligence or otherwise. which arise from the sole negligence of the
Company.
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The City agrees to indemnify and save harmless the Company, its officers, agents
and employees against all payments. recovery and judgments of every kind and
description arising out of any valuation dispute, recovered against it, whether based
in contract, negligence or otherwise. which arise from the sole negligence of the
City. In all other actions arising out of valuation disputes, neither party shall
indemnify the other.
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The Company will carry Public Liability Insurance in the amount of $1,000,000.
The Company will also maintain Automobile Liability Insurance providing limits
of $1,000,000 per occurrence, and the Company will provide Worker’s
Compensation Insurance. The Worker’s Compensation Insurance will provide
coverage under the Compensation Act of Wisconsin and shall provide employer’s
liability insurance in the amount of %100,000.
VIII. EMPLOYMENT LAWS
Nondiscrimination of Employment. In connection with the performance of work
under this Agreement, the Company agrees not to discriminate against any
employee or applicant for employment because of age, race, religion, color,
handicap, sex. physical condition. developmental disability as defined in s. 51.01(5),
or national origin. This provision shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, lay-off or termination, rates of pay or other forms of compensation,
and selection for training, including apprenticeship. The Company further agrees
to take affirmative action to ensure equal employment opportunities for persons
with disabilities. The Company agrees to post in conspicuous places available for
employees and applicants for employment notices to be provided by the
contracting officer setting forth the provisions of the nondiscrimination clause.
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IX. PROJECT PERSONNEL
All work will be performed by personnel certified by the State of Wisconsin,
Department of Revenue.
X. SUBCONTRACTS
The Company agrees not to subcontract any of the work required by this
Agreement without the written permission of the City. The Company agrees to be
responsible for the accuracy and timeliness of the work submitted in the fulfillment
of its responsibilities under this Agreement.
XI. ASSIGNMENT OF AGREEMENT
The Company agrees not 10 assign, transfer. convey, or otherwise dispose of this
Agreement or its rights, title, or interest in this Agreement without the previous
I consent and written approval of the City.
Xn. CHANGES IN AGREEMENT
I This Agreement may be changed only upon the written permission of the City.
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XIII. GOVERNING LAW
This Agreement shall be interpreted under the laws of the State of Wisconsin. The
methods and procedures used in performance of this Agreement shall comply with
Chapter 70 of the Wisconsin State Statutes.
XIV. CONFLICT
In case of conflict with respect to Scope of Service and responsibilities of the
parties between the terms of this Agreement and the terms of Schedule A, the
terms of Schedule A shall control.
xv. ENTIRE AGREEMENT
This Agreement contains the complete and entire Agreement between the parties
and may not be altered or amended except in a writing executed, making specinc
references to this Agreement, by a duly authorized officer of the Company and by
a duly authorized official of the City.
XVI. SEVERABILITY
If any provision of this Agreement shall be declared invalid or unenforceable, such
invalidity or unenforceability shall not affect the whole Agreement, but the whole
Agreement shall be construed as if not containing the provision, and the rights and
obligations of the parties shall be construed and enforced accordingly, provided
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same is not of a material nature and does not substantially affect the work
performed or the cost.
XVII. TERMINATION
The City will have the right to terminate this Agreement in the exercise of its
absolute and sole discretion, upon ten (10) days written notice to the Company.
Ten (10) days after the receipt or such notice, this Agreement will automatically
terminate without further obligation of the parties, except for the payment by the
City of all senices rendered and materials furnished as-of the date of termination.
XVIII. NOTICES
All notices required to be sent to the Company shall be sent to the following
address:
Day & Zirnmermann LLC
3199 Klepinger Road
Dayton, Ohio 45406
Attention: David J. Johnson, Assistant Vice President
All notices required to be sent to the City shall be sent to the following address:
Ms. Laura L. Mecha
City Assessor
City of Muskego
W182 S8200 Racine Avenue ~O^Oox
Muskego, Wisconsin 53150-0903
COLE*LAYER*TRUMBLE COMPANY
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IN WITNESS WHEREOF, the parties hereto have set their hands to duplicates of this
Agreement this - day of , 1994.
CITY OF MUSKEGO, WISCONSIN
Witness:
Witness:
Witness:
By:
Title:
By:
Title:
Title:
DAY & ZIMMERMANN LLC
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Witness: U
APPROVED AS TO FORM:
I Senior Vice President
Regional Marketing Manager
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1.0
SCHEDULE A
SERVICES TO BE PROVIDED
WORK TO BE PERFORMED BY THE COMPANY
The Company will provide services to assist the Assessor in maintaining assessed
values for residential and commercial/industriaI real property that has undergone
a physical changes during the period January 1, 1993 through December 31, 1993.
These services shall be provided in accordance with the per parcel rates shown in
Section 1.7.
1.1
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Residential New Construction
The Company will provide exterior and interior inspection, field work, completion
of Muskego CAMA card, pricing, and final valuation work for new construction,
remodeling, additions, garages, and miscellaneous permit work for residential
parcels at the request and direction of the City Assessor’s office.
Commercial New Construction
The Company will provide exterior and interior inspection, field, work, completion
of property record card, pricing and final valuation work for new or remodeled
commercial/multi-family properties, including miscellaneous permit work for same
at the request and direction of the ciry Assessor’s office.
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I 13 Photoeraphs (OPTIONAL)
The Company will provide one (1) 35mm color photograph of any main residential
or commercial improvement taken from the fronting street or normal ingress or
egress would occur. A label with the parcels tax key identification number and
address will be affixed to the back of each corresponding photograph and be filed
within the City’s current filing system. The number and we of photograph’s will
be at the request and direction of the city Assessor’s office.
1.4 Personal Propertv (OPTIONAL)
The Company will perform the following duties and responsibilities requested and
directed by the City Assessor’s office as indicated below:
1. Verify the existence of previous years personal property accounts.
2. Discover new accounts through field verification based on on-site inspection.
3. Correlate with the City Assessor quesrions regarding assessability of property
as personal or real to avoid duplication of assessment.
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4. Correlate similar types of business and accounts for comparison of uniform
reporting of valuation by personal property owners. Any conflicting account
valuations will be provided to the City Assessor for review and possible
adjustment.
1.5 Percentage of Completion
! The Company will determine the percentage complete of these improvements
(referred to in Sections 1.1 and 14, both residential and commercial, not
completed as of January 1st of each year. The city Assessor’s office will determine
which parcels will be inspected.
1.6 Abatement Hearines
If requested by the Assessor, the Company will assist the Assessor for up to five
person-days during the open book period and Board of Review to answer any
inquiries or complaints. The Company will bill for each date requested at the
Time and Materials Rates in Section 1.8.
1.7 Per Parcel Rates
Tne Company will bill the City on a per parcel basis.
The fee for Residential New Construction is SIXTEEN DOLLARS (S16.00).
COLE*LAYER*TRUMBLE COMPANY
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The fee for Commercial New Consrrucrion is THIRTY TWO DOLLARS ($32.00).
Photographs are TWO DOLLARS ($2.00) per parcel.
The fee of Percentage Completion is TEN DOLLARS ($10.00).
The fee for Personal Property is TEN DOLLARS ($10.00) per parcel.
1.8 Time and hfaterials Rates
Additional support is available on a Time and Materials basis. The labor rates for
1994 are as follows:
Senior Company Officer $105.00
Company Officer S 93.00
Regional Program Manager $ 80.00
Project Supervisor 5 i3.00
Lead Prograrnmer/Analyst $ 13.00
Senior Programmer/Analyst S 67.00
Senior Appraiser $ 67.00
Programmer/Analyst S 60.00
Junior Programmer/Analyst $ 48.00
Appraiser $ 44.00
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Data Collector
Data Entry Supervisor
Secretary
Data Entry Operator
Clerical
$ 29.00
$ 29.00
$ 24.00
$ 24.00
$ 24.00
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2.0 RESPONSIBILITTES OF THE CITY
2.1 Maps
Copies of the latest tax maps and updates as received will be provided by the City.
2.2 Office Space and Local Phone Sem'ce
Suitable office space from Company supervisory personnel and space required for
meetings and training sessions, in addition to local phone service, will be provided
by the City.
23 SDlits. Combinations, Transfers. and New Construction
The City will make available information concerning splits, transfers, and new
construction as it is received.
2.4 ClericaVSecretarial Supwrt
The City Assessor's office staff will provide the necessary clerical and/or secretarial
support required for the successful completion of the project. The hours required
will be mutually agreed upon between the City and the Company.
2.5 Paper, Forms. and Postaee
The City is responsible for the cost of all field cards, notice forms and postage.
COLE-LAYER-TRCMBLE COMPANY