CCR1998251AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #251-98
APPROVAL OF AGREEMENT WITH WAUKESHA COUNTY FOR
COMPUTER ASSISTED MASS APPRAISAL PROCESSING
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee and City Assessor, does hereby approve
the attached Agreement with Waukesha County for Computer Assisted Mass Appraisal
Processing for a two year period commencing January 1, 1999.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Agreement, as amended, in the name of the City upon approval of the City
Attorney.
DATED THIS 12TH DAY OF JANUARY , 1999.
SPONSORED BY
FINANCE COMMllTEE
Ald. Mark Slocomb
Ald. David J. Sanders
Ald. Nancy Salentine
DEFERRED: 12/8/98
This is to certify that this is a true and accurate copy of Resolution #251-98 which was
adopted by the Common Council of the City of Muskego. I.
12/98jmb
I.
Waukesha County Department of Administration
Services for Computer Assisted Mass Appraisal (CAMA)
This Agreement is entered into this day of I -I by and
between Waukesha Counry, a municipal corporation, hereinafter referred to as the Counrv,
located at 1320 Pewaukee Rd, Waukesha WI. 53188, and the City ofhluskego, hereinafter
referred to as the Municipality, located at W182S8200 Racine Ave, Muskego. WI 53 150.
The authority for this agrcement is that contained in the Wisconsin Statues Section 66.30, which
permits intergovemmental cooperation for public purpose.
1 By this agreement, the County proposes to provide the following services to the
Municipality.
A. The County will enter into a contract with the Cole-Layer-Trumble Company,
hereinafter referred to as CLT, to acquire the CAM (Computer Assisted Mass
Appraisal), Assessment Administration and Personal Property IAS base software
modules, hereinafter referred to as the applications. The County Hill initially
purchase licenses for ten (IO) users of the CAW and Assessment Administration
products and five (5) users of the Personal Property product, and this pool of
licenses will be shared among all users of the system.
B. The County will provide and maintain a remote access server and server software
located at the County that will allow the Municipality to connect and access the
applications on the County’s network. The Counry will acquire and maintain the
licenses required for the remote access server. The total number of users that will
be able to anach to the remote access server to use the applications will equal the
total number of concurrent CAMA licences purchased from CLT, Should the
Municipality find that the number of licenses provides insufficient availability, the
Municipality may request that the County purchase additional CAMA licenses in
accordance with the terms and agreements set forth benveen the County and CLT,
The County will acquire the additional number of remote access licenses to access
the applications and the Municipality will be responsible for reimbursing the
County for the additional licenses purchased from CLT
C The County will provide and support the database. application and file semers
locared at the County This includes the disk capacity to store the Oracle database,
the applications and support files which the applications require.
Waukesha County Department of Administration
Services for Computer Assisted Mass Appraisal (cm)
D. The county will also provide and support the Oracle database and Oracle Software
products which the applications require. The County ail1 perfon upgrades to the
applications, C++ compiler. Oracle database and Oracle products in accordance
with the agreement set fonh between the County and CLT The County will
acquire and maintain all necessary licenses for the Oracle database server and
software. The total number of concurrent Oracle database and runtime licenses
available will equal the total number of concurrent CAW licences purchased from
CLT Should the Municipaliry find that the number of licenses provides insufficient
availability, the Municipality may request that the County purchase additional
CM licenses in accordance with the terms and agreements set forth between the
County and CLT. The County will acquire :he additional number of Oracle licenses
to BWS~ the applications and the Municipality will be responsible for reimbursing
the County for the additionel licenses purchved from CLT
E. The County will make good faith efforts to have the applicauons available to the
Municipality from 8:OO am to 4:30 pm on regular County business days. Backups
of the database and files will occur betwen 430 pm and 11.30 pm on regular
County business days.
2. By this agreement, the Municipality acknowledges and agrees to the following
A. The Municipality will provide and rnajntah the hardware and software at the
Municipality’s location necessary to COMW and communicate with the County’s
remote access server, Local hardware and software upgrades that are required for
the Municipality to maintain access to the County are to be performed by the
Municipality in a reasonable time frame ma mst be compatible so as to not hinder
or interfere with the County’s ability to provide the above mentioned services to
the Municipality or orher municipalities.
B. The Municipality will provide and maintrin a ineans OfcommunicatioR such as a
T1 line , ISDN lie. Radio link etc. that i5 acceptable to both the County and
Municipality, for the purpose of connecting 10 the County’s remote access server
C. The Municipality agrees not to excessively consume remote access and database
licenses which would prevent other Munic$aliues that have an agreement with the
County for CAMA services from using the applications.
214
Waukesha County Department of Administration
Senices for Computer Assisted Mass Aooraisd (CAMA)
D.
E.
F
G.
H.
The Municipality agrees not to wilfilly download any files to the County that are
not pertinent to the applications or that could interfere with the County’s ability to
perform its obligations under this agreemenr.
Should the Municipality decide to use software for Assessment Administration that
is different than what the County Tax Lister uses, the Municipality is responsible
for any costs associated with providing the County with a copy of the Assessment
Administntion data, at intervals of no less than a month, in a format that is
compatible with the import capabilities of the Counry Tax Lister’s Assessment
Administration software.
The Municipality acknowledges the terms and restrictions presented in the Articles
of agreement between CLT and the County. For 1999, the Municipality apes to
reimburse the County $51,675.00 for software, services. and maintenance
provided by CLT under the Articles of Meemcnt. For the calendar year 2000, the
Municipality agrees to reimburse the County 58,000.00 for ongoing CLT charges
for sofiware maintenance and support.
The Municipality agrees to be financially responsible for any additional services
and /or software sought by the Municipality from CLT, The Municipality will
notify the County in writing of any and all change orders before procuring
additional services and/or software from CLT, The Municipality will be responsible
for only those additional services or software charges that have been determined to
be necessary for and procured by the Municipality. If the additional services and/or
software are mutually beneficial to other municipalities sharing the CAW system
with the Municipality, all participants may share the costs as those participants may
separately agree.
For the calendar year 2000, in addition to the fees for CLT software maintenance
and support the Municipality also .agrees IO compensate the County at the rate of
$0.33 per Tax Key for effort of County srafand County costs related to hardware
and software required to provide the praiously stated smices.
3. The “icipality will hold the County and irs officers, employees and agents harmless
kom my and all damages, expenses and losses which may occur due to the County‘s
inability to comply wirh this agreement which has Seen caused by a failure of CLT to meet
its contractual obligations with the County or any other factor which is outside the control
of the County.
4. The Municipality will hold Cole, Layer Trumble Company, irs officers, agents and
314
Waukesha County Department of Administration
Services for Computer Assisted Mass Appraisal (CmA!
5.
6
7
8.
9
10
employees and the County, its officers, employees and agents hamless for any and all
damages, expenses and losses which may arise from any vaiuation disputes Or challenges
to the methodology employed in the valuation process.
Neither pany shall be liable to the other for consequential, indirect or incidental damages
which may arise as a result of the failure of the applicarions or hardware.
The term of this agreement shall be for two (2) years commencing January 1, 1999 and
expiring December 3 I, 2000.
Procuring my additional modules, such as Lmdisc Plus and Visual Lmdisc, from CLT is
contingent upon at least one municipality assuming the costs associated with the given
module(s).
It is understood and agreed that the entire conrracr between the panies is contained herein,
except for those matters incorporated herein by reference, and that this asreement
supersedes d oral and written agreements and negotiations between the parties related to
the subject matter thereof.
This agreement may not be assigned without the written permission of the other party.
Each party shall have the right to terminate this agreement for cause if the other party fails
to comply with any ofthe terms of this agreement.
Date: Date: //h 99
// /
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #251-98
APPROVAL OF AGREEMENT WITH WAUKESHA COUNTY FOR
COMPUTER ASSISTED MASS APPRAISAL PROCESSING
BE IT RESOLVED That the Common Council of the Cit
recommendation of the Finance Committee and City Ass
the attached Agreement with Waukesha County for Corn
Processing for a two year period commencing January 1, 1999.
BE IT FURTHER RESOLVED That the Mayor and Clerk
sign the Agreement in the name of the City upon approv
DATED THIS DAY OF DECEMBER ,1998.
SPONS&ED BY
FINANCE COMMITTEE
Ald!Mark Slocomb
/
David J. Sanders
Nancy Salentine
DEFERRED: 1218/98
This is to certify that this is a true and accurate copy of Resolution #251-98 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
12/98jmb
Daniel M. Finley
County Executive
Waukesha
COUNTY
DEPARTMENT OF ADMINISTRATION
November 30. 1998
Mr. Russell Weber
Village Assessor
Village of Menomonee Falls
W156 N8480 Pilgrim Road
Menomonee Falls, WI 53051
Ms. Laura Mecha
City Assessor
City of Muskego
W182 S8200 Racine Avenue
P.O. Box 903 0 Muskego, WI 53 150
Norman k Cummings
Director
(Via fax at 255-5320, original to follow via mail.)
(Via fax at 679-4106, original to follow via mail.)
Re: Proposed Contracts for Partnership on CAMA Processing
Dear Assessors:
The purpose of this memo is to transmit a proposed contract for services for Computer
Assisted Mass Appraisal (CAMA). We are asking you or the appropriate City or Village official
to review this contract and if it is acceptable to sign the contract on behalf of your municipality
and return the signed copy.
If possible, please return your signed copy by December 4. Please contact me at (414) 548-
7603 if I can provide any additional information at this time.
*. *~
Jerry Schulz
Manager of Information Systems
m:\wpdata\cama-6.wpd
Information Systems Division
515 West Moreland Boulevard
Waukesha, Wisconsin 53188
Phone: (414) 548-7610
Fax: (414) 548-7000
a Waukesha County Department of Administration w Services for Computer Assisted Mass Appraisal (CAMA)
This Agreement is entered into this day of 7-3 by and
between Waukesha County, a municipal corporation, hereinafter referred to as the County,
located at 1320 Pewaukee Rd, Waukesha W. 53 188, and the City of Muskego, hereinafter
referred to as the Municipality, located at W182S8200 Racine Ave, Muskego, WI 53 150.
The authority for this agreement is that contained in the Wisconsin Statues Section 66.30, which
permits intergovernmental cooperation for public purpose.
1. By this agreement, the County proposes to provide the following services to the
Municipality,
A. The County will enter into a contract with the Cole-Layer-Trumble Company,
hereinafter referred to as CLT, to acquire the CAMA (Computer Assisted Mass
Appraisal), Assessment Administration and Personal Property IAS base software
modules, hereinafter referred to as the applications.
B. The County will provide and maintain a remote access server and server software
located at the County that will allow the Municipality to connect and access the
applications on the County’s network. The County will acquire and maintain the
licenses required for the remote access server. The total number of users that will
be able to attach to the remote access server to use the applications will equal the
total number of concurrent CAMA licences purchased from CLT Should the
Municipality find that the number of licenses provides insufficient availability, the
Municipality may request that the County purchase additional CAMA licenses in
accordance with the terms and agreements set forth between the County and CLT
The County will acquire the additional number of remote access licenses to access
the applications and the Municipality will be responsible for reimbursing the
County for the additional licenses purchased from CLT
C. The County will provide and support the database, application and file servers
located at the County. This includes the disk capacity to store the Oracle database,
the applications and support files which the applications require.
D. The County will also provide and support the Oracle database and Oracle software
products which the applications require. The County will perform upgrades to the
applications, C+t compiler, Oracle database and Oracle products in accordance
with the agreement set forth between the County and CLT The County will
acquire and maintain all necessary licenses for the Oracle database server and
software. The total number of concurrent Oracle database and runtime licenses
November 20, 1998 1 I4 KITAXlCAhUMSKC WPD
Waukesha County Department of Administration
Services for Comuuter Assisted Mass Auuraisal (CAMA)
available will equal the total number of concurrent CAMA licences purchased
from CLT Should the Municipality find that the number of licenses provides
insufficient availability, the Municipality may request that the County purchase
additional CAMA licenses in accordance with the terms and agreements set forth
between the County and CLT The County will acquire the additional number of
Oracle licenses to access the applications and the Municipality will be responsible
for reimbursing the County for the additional licenses purchased from CLT
E. The County will make good faith efforts to have the applications available to the
Municipality from 8:OO am to 4:30 pm on regular County business days. Backups
of the database and files will occur between 4:30 pm and 11 :30 pm on regular
County business days.
2. By ths agreement, the Municipality acknowledges and agrees to the following:
A. The Municipality will provide and maintain the hardware and software at the
Municipality’s location necessary to connect and communicate with the County’s
remote access server. Local hardware and software upgrades that are required for
the Municipality to maintain access to the County are to be performed by the
Municipality in a reasonable time frame and must be compatible SO as to not
hinder or interfere with the County’s ability to provide the above mentioned
services to the Municipality or other municipalities.
B. The Municipality will provide and maintain a means of communication, such as a
TI line, ISDN line, Radio link, etc, that is acceptable to both the County and
Municipality, for the purpose of connecting to the County’s remote access server.
C. The Municipality agrees not to excessively consume remote access and database
licenses which would prevent other Municipalities, that have an agreement with
the County for CAMA services from using the applications.
D. The Municipality agrees not to willfully download any files to the County that are
not pertinent to the applications or that could interfere with the County’s ability to
perform its obligations under this agreement.
E. Should the Municipality decide to use software for Assessment Administration
that is different than what the County Tax Lister uses, the Municipality is
responsible for any costs associated with providing the County with a copy of the
Assessment Administration data, at intervals of no less than a month, in a format e
November 20. 1998 214 KITAAXICAMAMSKC. WPD
Waukesha County Department of Administration
Services for Computer Assisted Mass Appraisal (CAMA)
that is compatible with the import capabilities of the County Tax Lister's
Assessment Administration software.
F,
G.
H.
The Municipality agrees with the terms and restrictions presented in the Articles
of Agreement between CLT and the County. For 1999, the Municipality agrees to
reimburse the County $5 1,675.00 for its share of the software and services
provided by CLT under the Articles of Agreement. This fee includes three(3)
months software maintenance. For the calendar year 2000, the Municipality
agrees to reimburse the County for any ongoing CLT charges such as but not
limited to maintenance and support fees. Initially, full annual support fees for
CLT are $6,500. For 2000 and subsequent years, CLT may increase this fee not to
exceed 5% each calendar year.
The Municipality also agrees to reimburse the County for any charges from CLT
resulting from additional services, and 1 or software approved by the Municipality
that causes the Municipality to exceed its share of $51,675.00. The Municipality
will notify the'county in writing of any and all change orders before any
additional services and / or software is to be procured from CLT
For the calendar year 2000, the Municipality agrees to compensate the County at
the rate of $0.33 per Tax Key for the previously stated services and provisions.
3.
4.
5.
6.
7.
The Municipality will indemnify and hold harmless the County, its officers, employees
and agents for any and all damages, expenses and losses which may occur due to the
County's inability to comply with this agreement.
The Municipality will indemnify and hold harmless the County, its officers, employees
and agents for any and all damages, expenses and losses which may occur due to any
valuation disputes or challenges.
Neither party shall be liable to the other for consequential, indirect or incidental damages
which may arise as a result of the failure of the applications or hardware.
The term of this agreement shall be for two(2) years commencing January 1, 1999 and
expiring December 31,2000.
This contract is contingent upon at least two(2) municipalities signing an agreement with
the County for CAMA services. In the event that the County is unsuccessful in obtaining
a second municipality to sign a CAMA services agreement, this agreement shall be
Novcmbcr 20, 1998 3 /4 N:ITA,NCAMAMSKC. WPD
Waukesha County Department of Administration
Services for Computer Assisted Mass Appraisal (CAMA)
8.
9.
10.
11
12.
terminated, notwithstanding paragraph 9, below.
Procuring any additional modules, such as Personal Property, Landisc Plus and Visual
Landisc, from CLT is contingent upon at least one municipality picking up the costs
associated with the given module(s).
Each party shall have the absolute and unilateral right to terminate this agreement
effective at the end of a term upon giving of twelve(l2) months notice prior to the
expiration of the term.
It is understood and agreed that the entire contract between the parties is contained herein,
except for those matters incorporated herein by reference, and that this agreement
supersedes all oral and written agreements and negotiations between the parties related to
the subject matter thereof.
This agreement may not be assigned without the written permission of the other
Party,
If Municipality fails to comply with any of the terms of this agreement, it may be
terminated for cause by the County.
Waukesha County City of Muskego
By: By:
Date: Date:
November 20, 1998 414 N:ITAXCAMAMSKC WPD
AENZ MOLTER MXY PAGE El
LAW 0.ncu 0.
ARENZ, MOLTER. MACY & RIFFLE, S.C.
720 N. UST AVENUE
P.O. BOX 1-9
WAUKESHA WlSCONSlH 531BXIW
Deceinber 2, 1998
VIA FAX
TOTAL PAGES: 3
Mayor David L. De Angelis
CITY OF MUSKEGO
Post Office Box 749
Muskego, Wisconsin 53150-0749
Ms. Laura Mecha
CITY OF MUSKEGO
Zity Assessor
Post Office Box 749 ~~~~~ ..
Muskego. Wisconsin 53150-0749
Dear Mayor and Laura:
On December 1, 1998 I received the above-mentioned proposed contract
with the County along with the cover letter dated November 30, 1998
December 4, 1998. After my conferences with both of you, it ie my from the County indicating that our signed copy should be returned by
understanding that the City will not be returning the contract by that
date.
have not reviewed the technical aspects of the contract and assume
I have made a general initial review of the contract as to form. I
that the Assessor will make review of the same. I do not think the
contract can be entered by the City in its present form. I have the
following specific comments:
1. Paragraph 1 B refers to certain licenses being purchased in accordance with the terms and agreements set forth between
the County and CLT. To the best of my knowledge. no one
from the City has seen said contracts, so how can we agree
to the same
2. Section,l D, again, refers to agreements in accordance with 0 the County and CLT contract that we have never seen.
12/62/1998 16: 58 41455E3211 ARENZ MOLTER MACY PAGE 02
Mayor David L. De Angelis
Ms. Laura Mecha -2- December 2, 1998
3. Section 2 c indicates. in parc, that the municipality agrees
what excessively is supposed to mean in this context.
not to excessivelY COnSUme certain things. I have no idea
4. As to Paragraph 2 F, I have the, following problems:
A- It, again, states that the municipality agrees to the
have never seen the same. agreement between CLT and the County even though we
B. It says we are supposed to pay the County $51,675 for its share Of software and services provided by CLT
under the Articles of Agreement. What is our share and
what does the contract say we get?
c. It indicates that this fee includes three months software maintenance. What happens after that?
D. It says that for the year 2000 we agree to reimburse
include, but are not lirniced to, maintenance and
the County for certain ongoing CLT charges which
charges might be.
support feee -- we have no idea what the basis of these
E. A portion of the paragraph refers to annual support fee
of $6,500. What year is that for?
F. It also refers to the year 2000 and beyond, but I have
no idea what we really would have to pay.
5. Paragraph 2 G indicates if certain services exceed Our
share, we will have to pay more. How is that to be
determined?
6. Paragraph 2 H sets forth a fee per tax key number and indicates that is what we will pay for PreviouslY stated
services and provisions. However, I Cannot tell if that fee
is in excess of the fees already referred to.
7. Paragraph 3 is unacceptable as it agrees. in general and in part, that we will indemnify and hold the County harmless for damages which may occur due to the County's inability to
comply with this agreement.
12/82/1998 18: 58 5i45463211 azaz MOLTER MACY ?AGE 83
W OmCE6 OF
ARENZ. MOLTER. MACY & RIFFLE. S.C.
Mayor David L. De Angelis
Ms. Laura Mecha -3- December 2. 1998
8. Paragraph 4 is unacceptable in that it indicates the
municipality will indemnify the County for damages caused by valuation disputes or challenges, apparently, even if it is
the County’s fault.
9. Paragraph 6 indicates the contract is for two years terminating December 31, 2000. This does not seem to make
sense in light of Paragraph 9 of the agreement.
10. Paragraph 7 indicates, in general and in part, chat the
municipalities to sign the same, and if they do not, they do
agreement is contingent upon the County getting two
us whether or not they will comply with the contract.
not have to perform. It has no date when they have to tell
11. Paragraph 8 I do not quite understand, but it, apparently,
means if we want certain types of modules, we have to pay
for the same. a
12. Paragraph 9 seems to indicate that if you want to terminate
does this mean we would have to give the notice on or before the contract, you have to give 12 months prior notice, so
December 31, 1999? Also, the contract does not provide for
any renewal periods, so, apparently, it would terminate in
any event on December 31, 2000.
13. Paragraph 12 indicates that the County may terminate the
agreement if the municipality fails to comply with the same,
but has no mutual provision in favor of the City.
could give a favorable recommendation as to the City entering the
In conclusion, this agreement must be substantially redone before I
same.
~onili 16 pl ter, Jr .
Cc: Ms. Jean Marenda, Clerk (Via Fax/, 3 Pages)
DSM/pw