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CCR2000108COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #108-2000 RESOLUTION TO APPROVE FINANCING AND EXECUTION OF 2001 REVALUATION AND MAINTENANCE SERVICES AGREEMENT WITH CLT WHEREAS, The City proposes to enter into an agreement with Cole-Layer-Trumble (CLT) for a revaluation of all taxable real property and maintenance services, and WHEREAS, The Finance Committee has reviewed the attached Articles of Agreement and has recommended approval; and WHEREAS, Said Agreement shall run from September I, 2000 through September I, 2001 NOW, THEREFORE. BE IT RESOLVED That the Common Council ofthe City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the Articles of Agreement for a Revaluation of All Taxable Real Property and Maintenance Services for the period September 1. 2000 through September I, 2001 BE IT FURTHER RESOLVED That the City has appropriated monies in the 2000 Operating Budget for CLT to begin the services covered within the Agreement. e BE IT FURTHER RESOLVED That the remaining funds for the Agreement will be budgeted for and approved in the 2001 Operating Budget of the City Assessor BE IT FURTHER RESOLVED That the Mayor, Clerk-Treasurer and Assessor are authorized to sign the Articles of Agreement in the name of the City, subject to approval of the City Attorney. DATED THIS 9th DAY OF May ,2000 SPONSORED BY: FINANCE COMMITTEE Ald. Mark Slocomb Ald. David Sanders Ald. Nancy Satentine This is to certify that this is a true and accurate copy of Resolution #log-2000 which was adopted by the Common Council of the City of Muskego. A,&, "5 RECEIVED APR 2 1 2000 MEMORANDUM CITY OF MUSKEG0 ASSESSOR'S OFFICE MUSKEGO, WISCONSIN 53150-0749 TELEPHONE (262) 679-4143 FAX NUMBER (262) 679-5670 W182S8200RACINEAVENUE-P.O.BOX749 DATE: April 20,2000 TO: Attorney Don Molter FROM: Lam Mechq- RE: CLT Contract for 200 1 Revaluation & Maintenance Services Approved in part in the 2000 Operating Budget e The attached CLT contract for 2001 Revaluation & Maintenance Services could be placed on the May 3 Flnance Committee agenda with Common Council approval scheduled for May 9th. Nothing seemed changed fiom the prior conlracts with CLT. rd. For the $24,000 yearly maintenance, 1 have $5,000 in the 2000 Budget to start with the balance to be budgeted in 2001 For the $139,000 reval contract, I have $70,000 in the 2000 Budget to start with the balance to be budgeted in 200 1 Call me with your questions, 679-4143. Thanks. Cole.Layer*Trumble Company Articles of Agreement for A Revaluation of all Taxable Real Property and Maintenance Services for the City of Muskego, Wisconsin [ Articles of hreement 1 ! Articles of Agreement City of Muskego. Wisconsin TABLE OF CONTENTS 1 . SERVICES TO BE PROVIDED ................................................................................ 2 2 . PURF'OSElLlSE OF APPRAISALS ........................................................................... 2 3 . CONTRACT DOCUMENTS ..................................................................................... 2 4 . PERIOD OF AGREEMENT ......................................................................................... 2 5 . COMPENSATION ..................................................................................................... 3 6 . INDEPENDENT CONTRACTOR ............................................................................... 6 7 . OWNERSHIP OF DATA ............................................................................................ 6 8 . INDEMNIFICATION AND INSURANCE ................................................................. 6 9 . FORCE MAJEURE ................................................................................................. 8 10 . EMPLOYMENT LAWS ......................................................................................... 9 1 1 . CONFLICT OF MTEREST ....................................................................................... 9 12 . PROJECT PERSONNEL ...................................................................................... 9 13 . SUBCONTRACTS/ASSIGNMENT OF AGREEMENT ......................................... 9 14 . CHANGES IN AGREEMENT ................................................................................... 10 15 . GOVERNING LAW .................................................................................................. IO 16 . CONFLICT ................................................................................................................ 10 17 . ENTIRE AGREEMENT ........................................................................................ 10 18 . SEVERABILITY ................................................................................................. 11 19 . TERMINATION .................................................................................................... 11 20 . ARBITRATION ........................................................................................................ 11 21 . PERFORMANCE BOND ............................................................................... 12 22 . NOTICES ................................................................................................................... 12 April 2000 I Articles of Agreement City of Muskego, Wisconsin 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"; AND The Cole-Layer-Trumble Company, a wholly owned subsidiary of Tyler Technologies, Inc, a company formed under the laws of the State of Delaware and 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 appmiisal systems, and; WHEREAS, the Company has served County and municipal governments in the mass appraisal field for over sixty years; and WHEREAS, the City desires to utilize said services; NOW, THEREFORE, it is hereby agreed that the Company shall provide the services contained in Schedule A (Revaluation Services to be Provided) and Schedule B during the period ofthis Agreement as specified in Article 4 hereof. The services to be provided shall be limited to those set forth in Schedule A and Schedule B. .. 0 April 2000 I Articles of Agreement City of Muskego;Wisconsin 1. 2. 3. 4. SERVICES TO BE PROVIDED The Company shall provide to the City in a professional and workmanlike manner all of those services stipulated in Schedule A (Revaluation Services to be Provided) and Schedule B, and the Company shall be responsible for the scheduling of personnel as categorized in Schedule A and Schedule B. PURPOSUUSE OF APPRAISALS The Company, by virtue of this Agreement, is contracted to provide certain services and recommendations of value to the City, which are intended for exclusive use as recommendation of value for determinations of assessment for ad valorem tax purposes. Any use other than that stated above is not authorized nor intended, and most specifically excluded is an opinion of value used for federally related real estate transactions or other mortgage lending purposes. CONTRACT DOCUMENTS This Agreement, Schedule A and Schedule B comprise the contract documents. PERIOD OF AGREEMENT This Agreement shall run from September 1,2000, through September I, 2001 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 Schedule B and upon the nonoccurrence of an act of God or other cause or causes beyond April 2000 Cole*Layer-Trumble Company 2 * ,. Articles of Agreement City of Muskego, Wisconsin 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. 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 $1 00.00 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. 5. COMPENSATION As compensation for the Company providing the services contained in Schedule A: April 2000 ColeLayer-Trumble Company 3 Articles of Agreement City of Muskego, Wisconsin The City shall pay the Company a fixed fee of ONE HUNDRED THIRTY NINE THOUSAND DOLLARS ($139,000) for these services for the period of September I, 2000 through September 1,2001 As compensation for the Company providing the services contained in Schedule B: The City shall pay the Company a fixed fee of TWENTY FOUR THOUSAND DOLLARS ($24,000) for these services for the period of September I, 2000, through September I, 200 1. Invoices will be submitted each month, commencing the first month after the signing of this Agreement, for an amount equal to the progress reported and approved during the previous month. Progress will be reported to reflect the percentage of each activity completed during the previous month. Payment of billings is due within thirty (30) days after the date of each billing. The City will notify the Company in writing sf 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, without cause, entitle the Company, in addition to its other rights and remedies, to suspend, temporarily, Mer performance of this.Agreemen1 without liability. The City shall have the right to inspect the progress of the work at any April 2000 Cole-Layer.Trumble Company 4 . ./ I Articles of Agreement City of Muskego, Wisconsin reasonable time, including without limitation, inspection of data completed by the Company. Services requested in writing by the City outside those covered in this Agreement will be provide by the Company for the prevailing time and materials rates. These hourly rates are updated annually and will be provided on or about the first of each year lo the City Assessor. The Company's 2000 hourly rates are listed below: Senior Company Officer Company Officer Project Supervisor Senior Programmer/Analyst Senior Appraiser ProgrammedAnalyst Junior Programmer/Analyst I 1 Appraiser April 2000 Data Collector Data Entry Supervisor Secretary Data Entry Operator Clerical Coledayer.Tmmble Company $185.00 $160.00 $140.00 $125.00 0 s 100.00 $95.00 $80.00 $75.00 $60.00 $55.00 $50.00 $40.00 $40.00 5 Articles of Agreement City of Muskego, Wisconsin 6. 7. 8. INDEPENDENT CONTRACTOR 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. The Company is entering into a contractual relationship with the City pursuant to Wisconsin Statute s70.05[2] and shall act as an assistant to the Assessor in the discharge of the Assessor's duties. 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. INDEMNIFICATION AND INSURANCE Except as provided below, the Company agrees to defend and save hannless the City, its officers, 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. ColeAayer.Tmmble Company 6 Articles of Agreement City of Muskego, Wisconsin 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. The City agrees to indemnify and save hannless 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. Neither party shall be liable to the other for consequential, indirect or incidental damages, including, but not limited to, loss of tax revenue or claims related to valuation of property, whether based in contract, negligence, strict liability or otherwise. Notwithstanding this paragraph, both parties shall be liable to the other for breach of the terms of this Agreement. The Company will cany Public Liability Insurance in the amount of $1,000,000 including protection for bodily injury and property damage with a combined single limit of$1,000,000 and $500,000 for each occurrence. April 2000 Cole.L.ayer.Trumble Company 7 Articles of Agreement City of Muskego, Wisconsin The Company will also maintain Automobile Liability Insurance providing limits of $1,000,000 per occurrence, and the Company will provide Workers' Compensation Insurance. The Workers' Compensation Insurance will provide coverage under the Compensation Act of Wisconsin and shall provide employer's liability insurance in the amount of $100,000. 9. FORCE MAJEURE Neither party shall be liable to the other for any loss, damage, failure, delay or breach in rendering any services or performing any obligations hereunder to the extent that such failure, delay or breach results from any cause or event beyond the control of the party being released hereby ("Force Majeure"), including but not limited to acts of God, acts or omissions of civil or military authorities, which would substantially impair the proposed completion deadline. If either party is prevented or delayed in the performance of its obligations hereunder by Force Majeure, that party shall immediately notify the other party in writing of the reason for the delay or failure to perform, describing in as much detail as possible the event of Force Majeure causing the delay or failure and discussing the likely duration of the Force I Majeure and any known prospects for overcoming or ameliorating it. Both parties agree I I to take any commercially reasonable measures to overcome or ameliorate the Force Majeure and its adverse effects on this Agreement, and to resume performance as completely as is reasonably possible once the Force Majeure is overcome or ameliorated. I I April 2000 Cole.Layer.Trumble Company 8 Articles of Agreement City of Muskego, Wisconsin IO. 11. 12. 13. EMPLOYMENT LAWS The Company will comply with all the applicable provisions of Federal and Wisconsin laws, rules, and regulations regarding employment and shall further specifically comply with those sections related to Qual Employment Opportunity. CONFLICT OF INTEREST The Company will not employ as a director, officer, employee, agent, contractor, or subcontractor, directly or indirectly in any capacity, any elected or appointed official of the City or any member of hisher immediate family. PROJECTPERSONNEL All work will be performed by personnel certified by the State of Wisconsin, Department of Revenue. The Company will provide and update the City with a listing of personnel assigned to the Project. All project personnel assigned shall be approved by the City. During the Period of Agreement (Article 4) and for a period of six months following the project completion date, the City will not solicit for employment or hire any Company employee without the express written consent of the Company. SUBCONTRACTSlASSlGNMENT OF AGREEMENT 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. April 2000 Cole*Layer.Trumble Company 9 - 14. 15. 16. 17. The Company agrees not to assign, transfer, 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 City. CHANGES IN AGREEMENT This Agreement may be changed only upon the written permission of the City. GOVERNING LAW This Agreement shall be interpreted under the laws of the State of Wisconsin, as it existed and was interpreted on the date of this Agreement. The methods and procedures used in performance of this Agreement shall comply with Chapter 70 of the Wisconsin State Statutes. 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 and Schedule B, the terms of this Agreement shall control. 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 specific references to this Agreement, by a duly authorized officer of the Company and by a duly authorized official of the City. Articles of Agreement city of Muskego, Wisconsin April 2000 Cole.Layer.TrumbIe Company 10 Articles of Agreement City of Muskego, Wisconsin 18. 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 same is not of a material nature and does not substantially affect the work performed or the cost. 19. TERMINATION The City will have the right to terminate this Agreement in the exercise of its absolute and sole discretion, upon ten (IO) days written notice to the Company. Ten (1 0) 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 termination. 0 20. ARBITRATION Except as set forth in this article, any controversy or claim arising out of or relating to this Agreement shall be settled in binding arbitration before a single arbitrator in a location of the City's choosing in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction over the parties and the subject matter hereof. April 2000 Cole.Layer;Trurnble Company Articles of Agreement City of Muskego, Wisconsin 21. PERFORMANCE BOND The Company will provide to the City a performance bond in an amount equal to one hundred percent (100%) of the revaluation contract amount. A certificate for said bond will be delivered to the City within twenty (20) days of Contract signing. 22. NOTICES All notices required to be sent to the Company shall be sent to the following address: Cole-Layer-Trumble Company 3 199 Klepinger Road Dayton, Ohio 45406 Attention: David J. Johnson, Vice President All notices required to be sent to the City shall be sent to the following address: Ms. Laura Mecha City Assessor W 182 S8200 Racine Avenue P. 0. Box 149 Muskego, Wisconsin 53 150-0749 April 2000 ColeLayerJrumble Company 12 Articles of Agreement City of Muskego, Wisconsin c IN WITNESS WHEREOF, the parties hereto have set their hands io duplicates of this Agreement this __ day of ,2000. CITY OF MUSKECO, WISCONSIN Attest Title: By: Title: Title: COLE-LA'YER-TRUMBLE COMPANY A wholly owned subsidiary of Tyler Technologies, Inc. Attest APPROVED AS TO FORM: April 2000 By: David J. Johnson Vice President Operations 13 3 Revaluation Services 4 Schedule A Schedule A . Revaluation Services to be Provided City of Muskego. Wisconsin 1 . 0 2.0 3 . 0 4.0 5.0 6.0 7.0 8.0 9.0- 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0 21.0 22.0 23.0 24.0 25.0 26.0 TABLE OF CONTENTS NTRODUCTION ............................................................................................................. 1 PUBLIC RELATIONS ...................................................................................................... 1 VALUATION ESTIMATES ............................................................................................. 2 -G ........................................................................................................................ 2 QUALITY AND COMPANY PROGRESS CONTROL .................................................. 2 MISCELLANEOUS TERMS AND CONDITIONS ........................................................ 4 TECHNICAL ENVIRONMENT ....................................................................................... 4 CONFORMANCE TO STATUTES .................................................................................. 4 PERSONEL .................................................................................................................... 5 ASSESSMENT MANUAL ............................................................................................... 6 PROPERTY RECORD CARDS ....................................................................................... 6 DATA FOR EVALUATION ............................................................................................. 8 APPROACHES TO VALUE ............................................................................................. 7 NEIGHBORHOOD DELINEATION .............................................................................. 8 DATA MANAGEMENT ................................................................................................... 8 IMPROVEMENTVALUATION ...................................................................................... 9 LAND VALUATION ...................................................................................................... 1 1 UATION OF TAXABLE PERSONAL PROPERTY ............................................. 13 FMAL FIELD REVIEW ................................................................................................. 13 ASSESSOR TO REVIEW ASSESSMENTS ................................................................. 14 OPEN BOOK CONFERENCE ........................................................................................ 14 COMPLETION OF ASSESSMENT ROLL .................................................................... 16 BOARD OF REVIEW ..................................................................................................... 16 RESPONSIBILITIES OF THE CITY ............................................................................. 17 GENERAL PROVISIONS .............................................................................................. 19 PROJECT STAFFINGISCHEDULE ............................................................................. 21 April 2000 Cole.Layer.Trumble Company 0 1 Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin SCHEDULE A REVALUATION SERVICES TO BE PROVIDED 1.0 INTRODUCTION The Company will perform a Revaluation of all taxable real property pursuant to Chapter 70 of the Wisconsin Statutes (as amended from time to time) hereinafter set forth. The remaining sections of this Agreement are organized to follow the State of Wisconsin Revaluation Specification Guidelines. 2.0 PUBLIC RELATIONS This section will describe the public relations program that the Company will provide as part of our Agreement: During the progress of the work, the Company will endeavor to promote understanding and amicable relations with the property owners and public. The City Assessor and Company shall cooperate in maintaining good public relations throughout the Revaluation Program. The Company shall furnish speakers and the City Assessor shall arrange speaking appearances before periodic meetings so that the purposes, methods and procedures of the revaluation program may be explained to as large a representative group of property owners as possible. The employees of the City Assessor's ofice and the Company shall work together to maintain the full cooperation of all property ownen by treating each inquiry with April 2000 Gl4-ayer-Tmmble Company 1 Schedule A -Revaluation Services to be Provided City of Muskego. Wisconsin courtesy and supplying all possible necessary information to every interested property owners; however, each field appraiserllister will be instructed to refrain from discussing with the property owner, tenant, or occupant the possibility of any increase or decrease in the valuation of the real property and/or buildings. The Company shall submit a public relations plan for approval by the City Assessor. 3.0 VALUATION ESTIMATES The Company shall assist the Assessor in determining valuation estimates requested by the Department of Revenue Supervisor of Equalization, should the Final Report and ,. Assessment Roll not be completed by the 2nd Monday in May. 4.0 TRAINING The Company will educate the City Assessor's staff in the use of procedures, standards and records for making property appraisals so that the Assessor's Office can check the work as it progresses, and apply me in subsequent assessments. 5.0 QUALITY AND COMPANY PROGRESS CONTROL This Section provides the Company's guidelines for quality control and progress reporting needed for the revaluation of the City: Throughout the revaluation, the Assessor and the staffwill check work being performed by the Company to assure the City that the work is being done in a proper manner. The 0 April 2000 Col*Layer*Trumble Company 2 Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin Company shall periodically batch record cards and computer generated output and submit them to the City Assessor at the following intervals: a. Completion of field work. b. Completion of land value analysis. c. Completion of cost approach calculatiodcost review. d. Completion of income approach. e. Completion of market analysis. f. Completion of final field review. As mutually agreed, the City Assessor shall return the batched record cards promptly so that delays in the progress of the revaluation do not occur. Errors and/or omissions found by the Assessor's staff shall be returned to the project supervisor for correction. The Company agrees to meet monthly or upon request, with the Mayor andor Common Council or Committee of the Whole to discuss areas of work such as, but not limited to progress, quality of work, procedures, valuations and problems. The City Attorney will be the interpreter of the specifications of the Contract. April 2000 Cole.Layer.Trumble Company 3 Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin 6.0 6.1 7.0 8.0 MISCELLANEOUS TERMS AND CONDITIONS This section addresses general terms and conditions that are required to complete a successful revaluation program: Confidentiality of Information The Company shall ensure that employees maintain strict confidence regarding all privileged information received by reason of this Agreement. Disclosure of this or any appraisal information to any individual, firm, or corporation, other than appropriate public officials or their authorized agents is expressly prohibited. TECHNICAL ENVIRONMENT The Company will use the City's Integrated Assessment System (IAS), Computer Assisted Mass Appraisal (CAMA) module, as a base for the work performed under this Agreement. All costs associated with the processing of data shall be the responsibility of the City. CONFORMANCE TO STATUTES All work shall be accomplished in accordance with the provisions of the laws of the State of Wisconsin and in full compliance with all the rules and regulations officially adopted and promulgated by the Wisconsin Department of Revenue as of the date of the Agreement. April 2000 Cok.Layer.Trumble Company 4 Schedule A - Revaluation Services to be Provided City of Muskego. Wisconsin 9.0 PERSONNEL 9.1 staff The Company will provide trained personnel currently certified in compliance with Wisconsin statutes and administrative rules of the Department of Revenue. The City will have final approval on project personnel who are assigned to work on the revaluation of the City. 9.2 Staff Requirements I The City shall reserve the right to prohibit an employee of the Company from i participation in the revaluation, for good cause. The Company shall review any complaint relative to the conduct of its employee(s). If the City deems the performance of any of the employees to be unsatisfactory, the Company shall, for good cause, remove such employee(s) from work upon written request from the City, such request stating reasons for removal. I I I I 1 The Company shall supply all its field representatives with identification cards containing, in addition to the usual information, a photograph of the employee. 9.3 Proiect Supervision ! The Company shall designate a qualified and responsible employee to supervise the 1 i i 1 approved by the City, as such shall make himselfiherself available to the City for I operation of the Company's staff for the entire project. The individual designated, I April 2000 ColcAayer-Tmrnble Company 5 Schedule A -Revaluation Services to be Provided City of Muskego, Wisconsin consultation throughout the project. Should the project supervisor be reassigned, that person shall be replaced by an equally qualified individual. 10.0 ASSESSMENT MANUAL The Company shall make all assessments in accordance with the Wisconsin Property Assessment Man4 as specified in Sections 70.32( 1) and the Company shall be responsible for all find dues arrived at in compliance with same. 11.0 PROPERTY RECORD CARDS The City will be responsible for providing departmental approved CAMA record cards for each parcel. The city Shall provide record cards that include the property owner's name and address as outlined in Section 70.17 of Revised Code, legal description, parcel number and size of land p-1 there available as listed on the assessment roll. Appropriate record cards shall be used in the valuation and collection of data for residential improvements including farmhouses, commercial improvements, and agricultural improvements. All information relating to improvements shall be obtained and shown as provided on the respective forms. April 2000 6 Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin 12.0 12.1 12.2 12.3 APPROACHES TO VALUE Type of Approach The Company shall consider the cost, market, and income approaches in the valuation of all vacant and improved parcels of property. Sales Analysis The Company shall analyze sales data provided by the City and secure and analyze data on its own in order to become familiar with prevailing market conditions, activity, and specific transactions which may be utilized in determining the market value of competitive properties throughout the City. Income Analysis In valuing income-producing properties, the appraiser shall collect information from owners, tenants, realtors, financial institutions, and any other necessary sources, for use in the valuation process. Data to be analyzed shall include actual and economic rents for each type of property, typical vacancy rates, and typical operating expense ratios. All data shall be properly documented and adequate records shall be prepared for each parcel showing the determination of value by the income approach. For improved parcels, this shall include a reconstruction of income and expenses, an estimate of remaining economic life, and the capitalization rate applied. Capitalization rates shall be accurately documented by information obtained from the market. Any documentation used in establishing any of the foregoing shall become property of the City. April 2000 Cole*Layer.Trumble Company I .i Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin 13.0 DATA FOR EVALUATION The Company shall gather and analyze market value data including, but not limited to sales, lease data, rends, rates of retum, operating statements, vacancy factors, and construction costs for use in determining property valuation standards pursuant to Section 70.32 of the Wisconsin Statutes. Data gathered will either be noted on the property record cards or contained within supplements to the record cards, 14.0 NEIGHBORHOOD DELINEATION The Company shall update existing neighborhood delineation for the entire city and provide the City with a color-coded map indicating the various neighborhood 0 designations. The neighborhood identification procedure shall conform to the City's CAMA software product. 15.0 DATA MANAGEMENT This section will outline the Company's procedures for collecting and encoding the data collected into the City's CAMA System. 1. Residential and Commercial Property Record Cards shall be completely tilled out so property information is CAMA ready for entry into the City's CAMA System. The Company shall encode or perform data maintenance to all property records as needed. 0 April 2000 Col~Layer*Trumble Company 8 Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin 2. The Assessor's records will be available for use in the Assessor's office; release of said records are subject to the Assessor's approval, however, in no case will the use of these records be utilized in place of an inspection of the property unless inspection has been refused by the property owner. 3. me Company is aware that some properties may have to be inspected because of permit alterations and/or additions to the improvements. There will be no additional fee for such inspection or subsequent revaluation required because of such alterations and/or additions. 4. The City and the Company shall cooperate to avoid duplication and confusion to the property owner and to see that all permit alterations and additions are accounted for in the revaluation program. 16.0 IMPROVEMENT VALUATION The Company proposes to follow the guidelines listed below in determining improvement revaluation. 9 Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin 16.1 Valuation Approach The Company shall value improvements in accordance with the Wisconsin Property Assessment Manual and the City's CAMA System. The three (3) industry recognized approaches to value; i.e., cost, income, and market, shall be considered by the Company for all parcels. 16.1.1 Residential Approach In valuing residential improvements, prescribed forms, or their equivalent as approved by the Department, shall be used in determining final values. The property record cards shall be completed as recommended for use with the City's CAMA System with proper base costs selected as appropriate and adjusted to reflect differences from base building values. 16.1.2 Agricultural Approach In valuing agricultural outbuildings, the current replacement costs should be determined for all sound buildings. Buildings in poor condition, having little or no value, shall be physically described and listed as having "no value" or given an appropriate sound physical value. April 2000 Cold.ayer.Trumble Company IO Schedule A - Revaluation Services to be. Provided City of Muskego, Wisconsin 16.1.3 Commercial Approach In valuing commercial improvements, property record cards shall be completed by the Company as recommended for use with the City's CAMA System. Proper base costs shall be selected as appropriate and adjusted to adequately reflect variations from base building costs. When many adjustments are necessary to base costs, the property is a special purpose building, or certain chcteristics make it impossible to value via the City's CAh4A System, the unit-in-place method as presented in the Marshall & Swift Valuation Service Manual shall be used. All accrued depreciation, including physical deterioration, fimctional obsolescence, and economic obsolescence, must be accurately documented by the market and deducted from current replacement costs. 17.0 LAND VALUATION ne Company shall provide the following approach to the revaluation of land characteristics: 17.1 Classification Land classified as Agricultural shall be valued according to use, per s. 70.32, ofthe Wisconsin Statutes. April 2000 Cole-Layer*Trumble Company Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin Agricultural buildings and the land necessary for the location and convenience (site) shall be assessed at fair market value in the Other classification. Values of Swamp & Waste, Timber, and Other shall be determined from an analysis of sales and other available market data Market sales shall be used in the development of 1 Other land units values. In the analysis of sales, work forms shall be prepared for recording data on each sale analyzed and correlating price data from the sales. Such forms shall be left with the City. 17.2 Basic Unit Values Basic unit values shall be determined for residential and commercial lands from an 0 analysis of sales, rents, leases, and other available market data. In the analysis of market I data, adequate records will be prepared showing data collected and unit value I determinations. Such records shall be left with the City. Having determined basic unit values, the Company shall apply such to each parcel, making adjustments to account for particular characteristics ofthe site as required by the City's CAMA System. For residential and commercial lands, maps and schedules will be prepared indicating unit values used and locations thereof to be left with the City. I April 2000 Cole-Layer-Trumble Company 12 Schedule A - Revaluation Services to be Provided City of Muskego. Wisconsin 17.3 18.0 19.0 Land Tables A copy of all charts, schedules and tables, not previously referred to, including depth factor tables, and used in the valuation of lands shall be left with the City. VALUATION OF TAXABLE PERSONAL PROPERTY The City will be responsible for valuing all taxable personal property for 2001. However, the Company will try to coordinate the valuation of fixed assets so that a duplication of effort and taxation does not exist. FINAL FIELD REVIEW Prior to open book conference, the Company will m: ike a final field review. Eac :I :h parcc will be reviewed at the property location. In the final review process, the indicated value of the structure and the indicated value of the land shall be compared against sales information concerning the same parcel or comparable parcels. For commercial properties where a determination of value has been made via the income approach, this value shall also be reviewed at this time to make the proper correlation of values between the cost, market and income. The review will cover each parcel so as to eliminate errors in computations that may have occurred, to ensure uniformity in record card and form completion by various personnel to verify building classification and depreciation estimates regarding physical, functional, and economic obsolescence and to be sure that all lands and improvements are properly accounted for. April 2000 Cole*Layer*Trumble Company 13 Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin The final review will account and adjust for factors that may have a direct bearing on the market value and/or equitable relationship to other properties. The Assessor or any of his staffmay at any time during the final field review accompany the appraiser to check hisher work. 20.0 ASSESSOR TO REVIEW ASSESSMENTS Prior to sending notices and open book conferences, the Assessor's staff shall have ample time to review assessed values on real estate. Such review will include property record cards and all other material prepared for the revaluation. 21.0 OPEN BOOK CONFERENCE Upon completion of the Assessot's staff review of assessments and prior to the completion of the assessment rolls, the Company shall hold open book conferences for the purpose of enabling property owners or their agents to review and compare the assessed values. A sufficient number of qualified Company personnel, approved by the City, will be available to conduct open book conferences for a period of up to forty (40) person work- . days, Monday through Friday, at a place designated by the City. The open book conferences will be held in an orderly manner with the least confusion to the property owner. Conferences on an appointment basis is the preferred method to attain this result. 0 April 2000 Cole-Layer-Tmmble Company 14 Schedule A - Revaluation Services to be Provided City of Muskego,Wisconsin The City and the Company shall mutually agree upon the date and hours of conferences to ensure that all property owners have an equal opportunity to review their assessment. Hearing time shall include evening hours. The City will prepare and send a notice by first class mail to each property owner at the last known mailing address. The notice form used shall be that prescribed by the Department of Revenue as provided in Section 70.365 to be supplied by the City. The City shall also indicate on the notice, or attach to the notice, the time and place the open book conference will be held. Mailing shall be ten (IO) days prior to the first day of conferences for the convenience of the property owners. Expenses related to the notices shall be the responsibility of the City. Open book conferences will be held within the completion date specified in the Contract. In the event that the City requests that the open book conferences be held at a date beyond the contracted completion date, and provided the Company agrees to such, the Contract shall be extended commensurate with the lapse of days between the originally contracted completion date, and the revised date for open book conferences. Such extension shall be in writing and signed by both the City and the Company. The base fee includes forty (40) person workdays for support of values. The Company shall be further compensated for each person-day involved over and above forty (40) 1 I. April 2000 15 ir Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin e workdays based on a fee of SEVENTY FIVE DOLLARS ($75.00) per hour (four (4) hours minimum) for additional participation in support of values. 22.0 COMPLETION OF ASSESSMENT ROLL The Company shall assist the City in proper completion of the 200 1 assessment roll in accordance with the current statutes. Final assessment figures for each property shall be provided by the Company to the City and the roll shall be totaled. The City shall prepare and submit the "Assessor's Final Report'' lo the Supervisor of Assessments, with a copy to the Company. 23.0 BOARD OF REVIEW At the request of the City, the Company andor certified member(s) of its field staff will attend meetings of the Board of Review 10 explain and defend the assessed value and be prepared to testify under oath in regard to such values. In the event of appeal to the Department of Revenue or the courts, it is agreed that the Company andor qualified representative(s) shall be available upon request from the city to furnish testimony in defense of the values established by the revaluation in all cases which might be filed within one (1) year of the completion date specified for the revaluation. April 2000 16 Schedule A - Revaluation Services to be. Provided City of Muskego, Wisconsin The base fee includes five (5) person workdays for support of values. The Company shall be further compensated for each personday involved over and above five (5) workdays based on a fee of SEVENTY FIVE DOLLARS ($75.00) per hour (four (4) hours minimum) for additional participation in support of values. 24.0 RESPONSIBILITIES OF THE CITY This section will outline the responsibilities of the City to ensure that a SUCCessfd revaluation program is implemented. 24.1 Office Space The City will furnish suitable office space at no cost to the Company in or near the City Hall. Office space shall include local phone service, tables, chairs, heating, lighting, and janitorial services, and access to photocopy equipment. 'The City will also provide two (2) PCs and access to a laser printer located in or near the project ofice. 24.2 Access to Records The City shall allow access and make available to the Company, City records such as, but not limited to, previous assessment rolls, sewer and water layouts, building permits, tax records, building plans, records of special assessments, plats, and any other maps currently in possession of the City, at no cost. April 2000 17 Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin 24.3 Propem Identifications To furnish the name and address of the owner and the lot and block number, size or other identifying description of each parcel to be appraised; such information to be placed on property record cards by the City. 24.4 Provision of Forms The City shall provide approved forms, binders, record cards, adhesive backed labels, and other materials, and new assessment notice forms as necessary for the completion of the revaluation. 24.5 The City shall furnish two (2) sets of plat maps, section maps, and any other maps currently in the possession of the City, to the Company, at no cost. 24.6 Notices for New Assessments To furnish the name and correct address, if known, to the Company for notices to be sent on assessed values. April 2000 ColeJ”ver-Tmrnble Company Schedule A- Revaluation Services to be Provided City of Muskego, Wisconsin 24.8 Miscellaneous General Agreements The City governing body shall refrain from interfering with, or influencing any value estimate by the Company. The City shall aid the Company in a responsible promotion of public information concerning the work under this Agreement. 24.9 Hardware Requirements The City shall provide, maintain, and assure reasonable Company access to the data processing facilities on which the Company will encode the data for the revaluation. 25.0 GENERAL PROVISIONS The Company will begin work on or before September 1,2000. The Company will complete all work under this Agreement by not later than July 1, 2001, with the exception of informal hearings, Board OfReview support, and necessary subsequent appearances in relation to the Board of Review appeals. The City Assessor may extend the &e date for completed work for one (1) period ofthirty (30) additional calendar days for sufficient reason, without penalty, upon written request of the Company. The Mayor and/or hnmon Council may extend the due date for completed April 2000 19 .. Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin work for a second thirty (30) day perid. Such request shall provide documentation of the reasons for the extension of the due date. Failure to complete the appraisal records and office records by July I, 2001, or two (2) extension periods as provided in the above paragraph will be cause for penalty payment by the Company in the amount of ONE HUNDRED ($100.00) per calendar day up to the date such work is completed. Such penalty will be deducted from the contract sum owed the Company. 25.1 Contract Deliverables Within fourteen (14) days of the find adjournment of the Board of Review, the Company shall turn over to the City all records prepared for the revaluation including, but not limited to, computer generated output, maps, and any other scheduled or forms, (b) all records and materials obtained for the City and not previously returned to include maps, plans, and Assessor’s records, and (C) materials specifically obtained and/or used for performance of assessment work for the City to include aerial photos, land value maps, depth factor tables, copies of leases, correspondence with property owners, sales data, rental schedules, capitalization rate data, gross income multiplier data, and operating statements of income properties. April 2000 Cole-Layer-Trumble Company 20 "' . m Schedule A - Revaluation Services to be Provided City of Muskego, Wisconsin 26.0 PROJECT STAFFINGlSCHEDULE The company shall submit a project plan. The plan will include key milestone dates needed for the successful completion of the revduation process. I April 2000 Colehyer-Tmmble Company # $ Schedule B * # CobLayer.Trurnble Company I .- C- I Schedule B City of Muskego, Wisconsin SCHEDULE B SERVICES TO BE PROVIDED 1.0 WORK TO BE PERFORMED BY THE COMPANY The Company will provide services to assist the Assessor in maintaining assessed values for residential and commercial real property that has undergone physical changes during the period January 1,2000, through December 3 1.2000. 1.1 Residential New Construction The Company will provide exterior and interior inspection, field work, completion of the property record 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 ofice. The data and final valuations shall be in accordance and equity with the Muskego assessment database that is in place for 2000. 0 1.2 Commercial New Construction The Company will provide exterior and interior inspection, field, work, completion of UNIVERS property record card, pricing and final valuation work for new or remodeled commercial/multi-farnily properties, including miscellaneous permit work for same at the request and direction of the City Assessor's ofice. The data and final valuations shall be in accordance and equity with the Muskego assessment database that is in place for 2000. April 2000 Cole*hyer.Trumble Company 1 Schedule 6 City of Muskego, Wisconsin 13 2.0 2.1 2.2 2.3 2.4 Percentage of Completion The Company shall present a list of all partial assessments of improvements as of January 1,2001 to the City SO that they may be readily identified and reappraised for the subsequent assessment roll. RESPONSIBILITIES OF THE CITY Maps Copies of the latest tax maps and updates as received will be provided by the City. Oftice Space 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. Splits, Combinations, Transfers, and New Construction The City will make available information concerning splits, transfers, and new construction as it is received. ClericaVSecretarial Support The City Assessor's ofice staff will provide the necessary clerical and/or secretarial support required for the successful completion ofthe project. The hours required will be mutually agreed upon by the City and the Company. April 2000 2 ! .E . -. Cole-Layer-Trumble Company a Schedule B City of Muskego, Wisconsin 0 2.5 paper, Forms, and Postage The City is responsible for the cost of all field cards, notice forms, and postage. i April 2000 0 3 Cole- Layer' Trumble Company 3199 Klepinger Road, Dayton, OH 45400 Phone: (937) 276-526 I web: WWW.Ckco.com / e-mail: marketlng@cltco.com ~ ~~ ~