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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 st 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. stst 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