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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 PAGE 1 3 3 3 4 5 5 6 1 8 8 a 8 9 9 9 9 10 10 11 -33-N la-1 7 COLE-LAYER-TRUMBLE COMPANY . 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 2 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 3 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 .... , . , 4 i 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 5 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 6 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. I 1 4 I B 4 !. u .. I 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. COLE-LAYER-TRRUMBLE COMPANY 7 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. COLE*LAYER.TRUMBLE COMPANY 8 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. COLE*LAYER*TRUMBLE COMPANY 9 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 COLE*LAYER*TRUMBLE COMPANY 10 I 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 11 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 n Witness: U APPROVED AS TO FORM: I Senior Vice President Regional Marketing Manager COLE.LAYER*TRUMBLE COMPANY . 12 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 I I I I !a ! 1.2 I 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. COLE-LAYER-TRUMBLE COMPANY 13 ‘a 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. COLE*LAYER.lRUMBLE COMPANY 14 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 15 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 COLE.LAYER*TRUMBLE COMPANY I I I I 1 I !b I I Data Collector Data Entry Supervisor Secretary Data Entry Operator Clerical $ 29.00 $ 29.00 $ 24.00 $ 24.00 $ 24.00 COLE.LAYER*TRUMBLE COMPANY 16 I I I I I I I 1. 17 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