CCR1995133COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #133-95
APPROVAL OF ARTICLES OF AGREEMENT FOR RESIDENTIAL DATA
COLLECTION SERVICES FOR THE CITY OF MUSKEGO
BETWEEN THE CITY OF MUSKEGO AND
DAY L ZIMMERMANN LLC
(Cole-Layer-Trumble Company)
WHEREAS, the City of Muskego and City Assessor desire to contract
with Day L Zimmermann LLC (Cole-Layer-Trumble Company), to
provide services, outlined in the Agreement, to assist the
Assessor in maintaining data to establish assessed values for
real property.
WHEREAS, the Finance Committee has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
does hereby approve the attached Articles of Agreement for
City of Muskego, upon the recommendation of Finance Committee,
between the City of Muskego and Day L Zimmermann LLC
Residential Data Collection Services for the City of Muskego
(Cole-Layer-Trumble Company) to provide services to assist the
0 Assessor.
BE IT FURTHER RESOLVED that the Council President, 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 21TH DAY OF JUNE , 1995.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Dornonic D'Acquisto
Ald. Patrick A. Patterson
Ald. David J. Sanders
1
This is to certify that this is a true and accurate copy of
City of Muskego.
Reso,lution #133-95 which was adopted by the Common Council of the
6/95jmb
ARTICLES OF AGREEMEYT
FOR
RESIDENTIAL DATA COLLECTION SERVICES
FOR THE
CITY OF MUSKEGO, WISCONSIN
Reridentin1 Data Cdleciion Services
I.
1L
111.
N.
V.
VI.
VII.
VIII.
XIX.
X.
XI.
XII.
XIII.
XN.
xv.
XVI.
XVII.
XIII.
TABLE OF CONTENTS
ARTICLES OF AGREEMENT
SERVICES TO BE PROVIDED
CONTRACT DOCUMENTS
PERIOD OF AGREEMENT
COMPENSATION
INDEPENDENT CONTRACTOR
OWNERSHIP OF DATA
INDEMNlFICATION AND lNSL%ANCE
EMPLOYMENT LAWS
PROJECT PERSONNEL
SUBCONTRACTS
ASSIGNMENT OF AGREEMENT
CHANGJ3 IN AGREEMENT
GOVERNING LAW
CONFLlCT
ENTIRE AGREEMENT
SEVERABILITY
TERMINATION
NOTICES
SIGNATURENI7lrlESS PAGE
SCHEDULE A - Services to be Provided
PAGE
1
2
2
2
3
5
5
6
7
7
8
U
8
8
8
9
9
9
10
11
12-15
Redentiall Daa Collection Serviccs
ARTICLES OF AGREEMENT
This Agreement is by and between the Ciiy of Muskego, located in the Stare of Wisconsin,
hereinafter referred to as "the City";
AND
Day & Zimmermann LLC, a Delaware corporation qualified to do business in the State of
Wisconsin, hereinafter referred to as "the Company".
WITNESSETH
WHE-, 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. :he City deserves to utilize said servjcrs;
NOW, THEREFORE, it is hereby agreed that the Company shall provide the services
contained in Schedule A (Services to be Provided) during the period of this Ageement as
spec~ed in Arricle I11 hereof.
I
Wenrial Data CoUection Services
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 he Provided), and rhe
Company shall be responsible for the scheduling of personnel as categorized in
Schedule A.
CONTRACT DOCUMENTS
This Agreement and Schedule A comprise the contract documents.
PERIOD OF AGREEMENT
This Agreement shdl run from the date of execution until December 31, 1997.
The Company's time of performance of this Agreement is conditioned upon the
performance of the RESPONSIBILlTlES 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 COSI or difficulty of the Company's
performonce, but occurrence of any such event should not relieve the Company hum
full performance, but shall entitle the Company to a reasonable extension of rhe
completion date and additionnl compensation to be negotiated.
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.
COLELAYER-IRUMBLE COMPANY QM 2
Residenhl Dada CoUeclion Sewices
0 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 Ciry 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 madc, any and dl requesrs
for such information shall he made in writing hy the Company upon reasonable
notice, but no less than two (2) weeks prior to delivery of same.
Iv. -ENSATION
As compensation for the Company providing the services cuntained in Schedule A
The City shall pay the Company a fixed fee of TWENTY FIVE THOUSAND
DOLLARS (%25,000.00) fmm date of execution of this Agreement until December
31, 1495.
Insofar 8s it is recognized that the Company’s duties do not occur evenly througnout
the year, the city shall pay to the Company one sixth of the yearly amount each
month, commencing June 1st of each year, in consideration of thc performance of
said duties hereunder and said amount shall he prorated upon any termination of this
Agreement whereby the Company does not perform said duties for an enure calendar
month.
3
I
Rwidentid Dab Collection Services
0 As compensation for the Company providing the services contained in Schedule A:
The City shall pay the Company a futed fee of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) from January 1, 1996, until December 31, 1996.
Insofar as it is recognized that the Company's duties do not occur evenly throughout
the year, the City shall pay to the Company one sixth of the yearly amount each
month, commencing June 1st of each year, in consideration of the performance of
said duties hereunder and said amount shall be prorated upon any termination of this
Agreement whereby the Company does not perform said duties for on entire calendar
month.
As compensation for the Company providing the services contained in Schedule A:
The City shall pay the Company a fmed fee of TWENTY FIVE THOUSAND
DOLLARS ($25,000.00) from January 1, 1997, until December 31, 1997.
Insofar as it is recognized that the Company's duties do not occur evenly throughout
the year, the City shall pay to the Company one sixth of the yearly amount each
month, commencing June 1st of each year, in consideration of the performance of
said duties hereunder and said amount shall be prorated upon my termination of this
Agreement whereby the Company does not perform said duties for an entire calendar
month.
4
c
COLELAYER-'lHUMtlLk! COMPANY
ReJidennhi Data Collection Services
0 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
within thirty (30) days of submittal 10 the Assessor. The Assessor will notify the
Company in writing of any apparent discrepancies contained in the itemized 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 perfomanct: 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. INDEPENDENT CONTRACTOR
0 The relationship of the Company tn the City shall be that of an independent
contractor and no principal-agent or employer-employee relationship is created by
this Agreement.
VI. OWERSHIP OF Dm
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
he made thereof beyond that listed in chis Agreement wittiout the written permission
of the City.
5
-. I Residenrfnl Data Collccrfon Senices
0 IND EMNIFICATION AND 1NSURANCE
I
I Except as provided below, the Company agrees to defend and save harmless the City,
i its officer, agents and employees against all claims. demands, payments, suits, ttctions,
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 hdess 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 ir, whether based in contract,
negligence or otherwise, which arise from the sole negligence of the Company.
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 againsr it. whether based in contracb
negligence or otherwise, which arise from the sole ne@gence of the City. In all other
actions arising out of valuation disputes, neither party shall indemnify the other.
The Company will carry Public Liability Insurance in the amount of $1,000,~
including protection for bodily injury and property damage with a combined single
limit of $1.ooO,ooO.
6
The Company will also maintain Automobile Liability Insurance providing Limits of
%l,OOO,ooO per occurrence, and the Company will provide Worker's Compensation
Lnsurance. The Worker's Compensation Insurance will provide coverage under the
Compensation Act of Wisconsin and shdl provide employer's liability insurance in the
amount of 15100,OOO.
VIII. jNPLOYMENT 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 defhed 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 funher agrees to take affirmative action to
ensure equal employment opportunities for persons wilh disabilities. The Company
agrees to post in conspicuous places available for employees and applicant4 for
employment notices to be provided by the contracting officer setting forth the
provisions of the nondiscrimination clause.
IX PROJECT PERSONNEL
AU work will be performed by personnel certified by the State of Wisconsin,
Department of Revenue.
7
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 ttus Agreement.
XI. ASSIGNMENT OF AGREE”T
The Company agrees not to assign, trdnrfer, convey, or otherwise dispose of this
Agreement or its rights, title, or interest in this Agreement without the previous
consent and written approval of the Ciry.
* xn.
This Agreement may be changed only upon the written permission of the City.
XIII. GOVERNING LAW
Thh Agreement shull 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.
m. cQmdA!3
In case of conflict with respect to Scope of Service and responsibilities of the parries
between the terms of this Agreement and the terms of Schedule A, the terms of
Schedule A shall control.
8
&J&nli41 Dato Cokcrion Servkes
e XV. ENTIRE AGREEMENT
L' This Agreement contains the complete and entire Agreement between the parties
and may not be altered or amended except in a writing executed, malung specific
references to this Agreement, by a duly authorized officer of the Company and by a
duly authorized official of the City.
m. SEVERABILrn
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 COnStNed as if not containing the provision, and the rights and
obligations of the parties shall be construed and enforced accordingly, provided same
is not of a material nature and does not substnntially affect the work performed or
the cost.
MI. 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 automanally
terminate without further obligation of the parties, except for the payment by the
city of all services rendered and materials furnished as of the date of termination.
COLE-LAYER-?RUMBLE COMPANY 9
Reskiemin1 Dolo Collection Services
I
Xvru NOTICES
L 'rn All notices required to be sent to the Company shall be sent to the following
address:
Cole-Layer-Trumble Company
3199 Klepinser Road
Dayton, Ohio 45406
Attention: David J. Johnson, Assistant Vice President
All notices required to be wnf to the City shall be sent to the following address:
Ms. Laura L Mecha
City Assessor
City of Muskego
W182 SI200 Racinc Avenue
P. 0. BOX 903
Muskego, Wisconsin 53150-0903
COI.E.LAYER-TRUMBLE COMPANY
Residotiol Data ColIdon Services
IN WlTNESS WHEREOF, the parties hereto have set their hands to.duplicates of this
Agreement this - day of , 1995.
CITY OF MUSKEGO, WISCONSIN
Witness:
By:
Title:
Witness:
Witness:
Witness:
APPROVED AS TO FORM:
Title:
By:
Title:
DAY SL ZMMERMANN LLC
By:
Charles W. Carter
Senior Vice President
Regional Marketing Manager
COLE-LAYER-TRUMBLE COMPANY CUdA
SCHEDULE A
SERVICES TO BE PROVIDED
Residential Data Colleciion Senices ..
SCHEDULE A
SERVICES TO BE PROVTDEQ
1 .o WORK TO BE PERFORMED BY THE COMPANY
The Company goal shall be to inspect the interiors and exteriors of 1,600 residential
improved parcels per calendar year.
1.1 Measurement of Prowrly
The Company shall accurately measure, to the nenrest one foot, all the major
improvements showing all additions, porches, garages, and appendages with
dimensions and necessary identification on the property record cards provided by
the City. All measurements are to be made by a 100’ tape; the use of rods and
wheels will be avoided unless circumstances such as shrubbery and equipment
prohibits the use of measuring tape. All inspecrions will be conducted between the
hours of 830 a.m. to 7:OO p.m. on any day, Monday through Saturday, excluding
legal holidays, unless another time is agreed upon between the property owner and
the Company.
1.2 Prowrtv Owner Entrance Data
The date of inspection or listing of all 1,600 parcels shall be indicated on the record
cards and the owner shull be asked to sign the cord when applicable.
12
I .'
Residenriol Data Collection Service?
If no contact is made on the initial visi& a door hanger is left with a phone number
to call for an appointment. If no appointment is made, the City shall attempt to
contact the property owner/occupant by ordinary mail to arrange an appointment
for the purpose of lisring the interior, ten (10) busincsq days after leaving the "door
hanger" but not to exceed thuty (30) calendar days of leaving same. Property
owners who do not respond to the City's request to inspect the building by ordinary
mail wll be counted a.3 an inspection. Expenses related to the mailing will be the
responsibility of the City.
If the City's request to list a major building is refused by the owner/occupant, the
City shall make a request by certified mail to inspect the building; such written
request shall state the purpose of the inspection, the desired time of inspection, and
shall advise the ownerloccupant that hisher refusal may constitute a loss of rhe
appeal of the assessment to the local Board of Review and further appeal avenues.
Should the request to inspect major buildings fail their purpose, the Company shall
list and value the improvements by professional methods according to the best
information he/she can practicably obtain.
13
i
.. .. Residenlial Data cdlecfion Smiccs
.-
1.4 and Materials Rates
Additional support is available on a Time and Materials basis. The labor rates for
1995 are as follow:
Senior Company Officer
Company Officer
Regional Program Manager
Project Supervisor
$105.00
$ 93.00
$80.00
$ 73.00
Lead Programmedhalyst $ 73.00
Senior Progrdmmer/hdyst
Senior Appraiser
Programmer/Analyst
Junior Programmer/Ana&t
Appraiser
Data Collector
$ 67.00
$ 67.00
$ 60.00
S 48.00
$44.00
$ 29.00
Data Entry Supemisor s 29.00
Secretary
Data Enay Operator
$ 24.00
S 24.00
Clerical $ 24.M)
The above rates are subject to change periodically, reflecting changes in labor
costs, taxes, ctc. The Company will notiv the City of said changes in writing.
COLE-LAYER-TRUMBLE COMPANY CUa 14
- Rcridmrial Data Collection Services - 2.0
2.1 Mtm
Copies of the latest tax maps and updates as received will be provided by the City.
2.2 OBIce Smce and Local Phone Service
Suitable office space for Company supervisory personnel and space required for
meetings and training sessions, in addition to local phone service, will be provided
by the City.
23 Sdits. CornbimHons. Transfers. and New Construction
The City will make available information concerning splits, transfers, and new
consauction as it is received
2.4 ClericaUSecretariel SUDWI~
The City Assessor’s office staff will provide the necessaq data entry, clerical and/or
secretarial supporr required for the successful complerion of the ?reject. The hours
required will be mutually agreed upon between the City and the Company.
2.5 Pauer. -6. and Postaee
The City is responsible for the cost of all field cards, nonce foms and postage.
15