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CCR1995216COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #216-95 APPROVAL OF ARTICLES OF AGREEMENT FOR NEW CONSTRUCTION COLE-LAYER-TRUMBLE COMPANY, A DAY & ZIMMERMANN COMPANY BETWEEN THE CITY OF MUSKEG0 AND WHEREAS, the City of Muskego and City Assessor desire to contract with Cole-Layer-Trumble Company, a Day & Zimmermann Company, 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 Cole-Layer-Trumble to provide services to assist the 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 14TH DAY OF NOVEMBER , 1995. SPONSORED BY: FINANCE COMMITTEE Ald. Domonic D’Acquisto Ald. Patrick A. Patterson Ald. David J. Sanders This is to certify that this is a true and accurate copy of City of Muskego. Resolution #216-95 which was adopted by the Common Council of the 11/95jmb New Construction Services 1. 11. Ill. IV. V. VI. WI. w11. XIX. X. XI. XII. XIII. XTV. xv. XVI. xvII. x111. ‘I’AHLE OF CON’WNTS ARTICLES OF AGREEMENT SERVICES TO BE PROVIDED CONTRACT DOCUMENTS PERIOD OF AGREEMENT COMPENSATION 1NDEPENDENT CONTRACTOR OWNERSHIP OF DATA lNDEMNlFlCATlON AND WSURANCE EMPLOYMENT LAWS PROJEm PERSONNEL SUBCONTRACE ASSIGNMENT OF AGREEMENT CHANGES IN AGREEMENT GOVERNING LAW CONFLICT ENTIRE AGREEMENT SEVERABILITY TERMINATION NOTICES SIGNATURE/WITNESS PAGE SCHEDULE A - Services to be Provided YACE 1 2 2 2 3 5 5 5 6 7 7 7 8 8 8 8 8 9 9 10 11-14 COLE-LAYER-TNUMBLE COMPANY aTm New Comhucrion Services ARTICLES OF AGREEMENT This Agreement is by and between the City of Muskego, located in the Stole of Wisconsin, hereinafter referred to as "the City"; AND Dny & Zimmernlann LE Company, a Delaware company qualified to do business in the State of Wisconsin, hereinafter referred to HS "the Company". WITNESSETH WHEKEAS, the Company has experience in the design, development, and implementRtion of computer-ossisted oppraistll systems, and; WHEREAS, the Company has served county and municipal governments in the mass 11pp1isa1 I'izltl for ovcr fifty ycars; and WHEKEAS. the City deserves to utilize soid services; 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 Agreement as specified in Article 111 hereof. New Consmction Services 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 RS cutegorized in Schedule k 11. (3T DOCUMENTS This Agreement and Schedule A comprise the contract documents. The Company's time of performance of this Agreement is conditioned upon the performance of the -0NS-S OF CITY contained in Schedule A and upon the nonoccurrence of an act of God or other cuuse 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. 2 New Consrmclwn Services 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 Compmy from the City of all required City inForrnation on a timely basis. If thr City fails to make timely deliveries of such informotion the Company's obligation to perform the services provided in this Agreement shaU be suspended until such deliveries are made, any and all requests for such informotion shall be made in wn'ting by the Company upon reasonable notice, but no less than two (2) weeks prior to delivery of same. IV. COMPENSATION As compensation for the Company providing the services contained in Schedule A: The City shall pay the Company a fired fee of TWENTY THOUSAND DOLLARS COLELAYER-TRUhiBLE COMPANY aTm 3 As compensation for the Company providing the services contained in Schedule A The City shall pay the Company a fied fee of TWENTY THOUSAhD DOLLARS Insofar BS it is recognized that the Company’s duties do not occur cvenly throughout the performance of said duties hereunder and said amount shall be prorated upon any termination of this Agreement whereby the Company does not perform mid duties for an entire calendar month. 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 to the Assessor. The Assessor will notify the Company in dtlng of any apparent discrepancies contained in the itemized billing within fifteen (15) days of receipt of any billing. Failure of llle City to make payment when due shall entitle the Company, in additiun 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 limitfltion, inspection of data completed by the Company. 4 V. INDEPENDENT CONTRA= The relationship of the Company to the City shall be that of an independent contractor and no principal-agent or employer-employee relationship is created by this Agreement. VI. OWNERSRlP OF- 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. wr. ~EMNIFICATION AND INSURANCE 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 rwuvered ugtlinvt it by reason of any negligent action or urnission of the Company, its agents, or employees and with respect to the degree to which the City is free from negligence on the p~rt of itself, its employees and agents. The Company agrees to indemnify and save harmless the. City, its officers, agents and employees against RH 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. New Conshucriori Setvices 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, neghyence or otherwise, which arise from the sole negligence of the City. In all other actions arising out of valuation disputes, neither party shall indemni5 the other. 0 The Company will carry Public Liability Insurance in the amount of $l,OOO,OOO including protection for bodily injury and property damage with a combined single limit of $l,00O,ooO. The Company will also maintain Automobile Liability Insurance providing limits of $l,ooO,aoO 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. a ~ VI11. EMPLOYMENT LAWS Nondiscrimination of Employment. In connection with the performance of work under this Agreement, the Compnny 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, layoff or COLI?,-LAYER-TRUMBLE COMPANY 6 New Consnucrion Services termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Company further agrees to take affirmative Rction to ensure equal employment opportunities for persons with disabilities. The Company agrees to post in conspicuous plnces available for employees and applicants for employment notices to be provided by the contracting oficer setting forth the provisions of the nondiscrimination clause. E. mSONNEL All work will be performed by personnel certified by the State of Wisconsin, Department of Revenue. X. SUBCONTRACTS The Company agrees not to subcontract my of the work required by this Agreement without the written permission of the City. The Company agrees to be responsible for the accurocy and timeliness of the work submitted in the fulfillment of its responsibilities under this Agreement. XI. ASSIGNMENT OF &JtEEMENT The Company agrees not to assign, trnnsfer, convey, or ofherwise dispose of this Agreement or its rights, title, or interest in this Agreement without the previnus cowent and written approval of the City. COLELAYER-TKUMBLE COMPANY UT= 7 XIV. xv. XVI. New Consrrucrion Senices MI. CEIANCES IN AGREEMENT This Agreement may be changed only upon the written permission of the City. Mfl. 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. CONFLIQ In case of conflict with respect to Scope of Service and rcsponsibilities of the parties between the terms of this Agreement and the terms of Schedule A, the terms of Schedule A shall control. ENTJRE AGREE MEN^ This Agreement contnins the cumplete and entire Agreement between the parties and may not he altered or amended except in a writing executed, making specific references to this Agreement, by a duly authorized officer of the Company and by a duly authorized official of the City. SEVERAslLlTY If any provision of this Agreement shall be declared invalid or unenforceable, such illvalidity or unenforceability shall not affect the whole Agrecment, but the wholc Agreement shall be construed as if not contniniq the provision, and the rights and C!Lt!.LAYER-'IXUMBLE COMPANY aTm 8 New Construction Services obligationu of the parties shall be construed nnd enforced accordingly, provided 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 services rendered and materials furnished as of the date of terminntion. XVIII. NOTICES All notices required to be sent to the Company shall be sent to the following address: Cole-Layer-Trumble Company 3199 Klepinger Road Dayton, Ohio 45406 Attention: Dnvid I. Johnson, Assistant Vice President All notices required to be sent to the City shall be sent to the following address: Ms. hura L. Mecha City Assessor City of Muskego W182 S8200 Racine Avenue P. 0. BOX 903 Muskego, Wisconsin 53150.0903 COLE-LAW.R-'l'HUMBLL! COMPANY aTm New Corlstrucrion Services IN WITNESS WHEREOF, the parties hereto have set their hands to duplicates of this Agreement this day of , 1995. CrTY OF MUSKECO, WISCONSIN Witness: Witness: ” Witness: Witness: APPKOVED AS TO FORM: By: Title; By: Title: By: Title: DAY & ZIMMERMANN LU: BY:- Charles W. Carter Senior Vice President Regional Marketing Mtlnager COLE-LAYER-TRUMBLE COMPANY UJm 10 SCHEDULE A SERVICES TO BE PROVIDED Nou Construction Services ~ ~~ SCaEDULE A SERVICES TO BE PROVIDED 1.0 WORK TO BE PERFORMED BY COMPANY The Company will provide services to assist the Assessor in maintaining assessed values for residential and commercial/industriaI real property thut has undergonc physical changes during the period ~~~~~~~~~~~~~~~~, ,,-.st: #A ' Rl,r>r . ,>"e ,*r.. .tin ... SI". 1.1 &sldeatial New Construction The Company will provide exterior and inlerfor inspection, field work, completion of the property record card, pricing, and final voluation 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. The data and final valuations shall be in accordance and equity with the Muskego assessment database that is in place for 1594. 1.2 Commercial New Cnnstruction The Company will provide exterior and interior inspection, Field, work, cornplction of UNIVERS property record card, pricing and final valuation work for new or remodeled commerciaUmulti-family properties, including miscellaneous permit work for same at the request and direction of the City Assessor's office. The data and final v~luations shall be in accordallcc and equity with thc Muskego assessment databnse that is in place for 1994. COLE-LAYER-7aUMBLE COMPANY Urm I1 13 pcrcentane of Com~letion '[he Company Yhall prcsent a list of all partial assessments of improvements as of '""'&&~, to the City SO that they may be readily ~~..~~~~~~~~~~~~~~ :*; *'.<.rei, I *1u< A+. . *i.n.,.r*u. I "*..I P+ *?a identified and reappraised for the subsequent assessment roll. 1.4 ll.d.Qs If requested by the Assessor, the Company will assist the Assessor for up to thirteen (13) person-days for Open Book Hearings, Board of Review Hearings, and Department of Revenue Hearings, to answer any inquiries or complaints. The Company will bill for uny additional support requested at the Time and Materials Rates in Section 1.5. 1.5 IYme and Meterials Rntes Additional support is available on a Time and Materials basis. The labor rates for 1995 are as follows: Senior Cumpany Officer Company Officer Regional Program hlanayer Project Supervisor Lead Programmedhalyst Senior Programmer/halyst Senior Appraiser ProgrammeriAna.lyst $105.00 $ 93.00 $ 80.00 s 73.00 $ 73.00 $ 67.00 $ 67.00 $ 60.00 I2 New Conrnucmn ~cwvrccs Junior Programer/Annlyst Appraiser Data Collector Data Entry Supervisor Secretary Data Entry Operator Clerical $48.00 $ 44.00 $ 29.00 .S 29.00 $ 24.00 s 24.00 $ 24.00 The above rates are subject to change periodically, reflecting changes in lnbor costa, taxes, etc. The Company will notify the City of snid changes ill writing. COLE-LAYER-TRUMBLE COMPANY ClJn 13 2.0 2. I 2.2 2.3 2.4 2.5 ONSUILITIES OF THE: CITY Meps Cr~pieu of the lares1 tax maps and updates as received will be provided by the City. msuce and Local Phone Service Suitable office space lor Company supervisory persormel and space required for meetings and training sessions, in addition to local phone service, will be provided by the City. Sdlts. Cn~mtioan. Transfers. and New Construction The City will make available information concerning splits, transfers, and new construction as it is received. ClericaUSecntnrial. Slrawrt 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. Ewer.)'orn~s. nod PQS~ lhe City is responsible for the cost of all field cards, notice forms and postage. CDLE-LAYE'.K.TRUMEILE COMPANY aTm 14