CCR2004126'~
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #126-2004
APPROVAL OF ARTICLES OF AGREEMENT
BETWEEN THE CITY OF MUSKEGO AND COLE-LAYER-TRUMBLE COMPANY
FOR 2005 REVALUATION AND MAINTENANCE
WHEREAS, The City of Muskego and City Assessor desire to contract with Cole-Layer- Trumble
Company, a wholly owned subsidiary of Tyler Technologies, Inc. to provide services outlined in
the Agreement for the period September 1, 2004 through September 1, 2005; and
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 the Finance Committee, does hereby approve the attached
Articles of Agreement between the City of Muskego and Cole-Layer-Trumble Company.
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BE IT FURTHER RESOLVED That $80,000 for revaluation services and $8,000 for
maintenance services was approved in the 2004 budget.
BE IT FURTHER RESOLVED That the amount of $80,000 for revaluation services and the
amount of $20,000 for maintenance services will have to be budgeted and approved in the 2005
Operating Budget of the City Assessor to meet the terms of the Agreement.
BE IT FURTHER RESOLVED That the Mayor, Clerk-Treasurer and Assessor are authorized to
execute the Agreement in the name of the City with any necessary technical changes to be
made in consultation with the City Attorney.
DATED THIS 27th DA Y OF Julv ,2004.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #126-2004 which was
adopted by the Common Council of the City of Muskego.
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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 appraisal systems, and;
WHEREAS, the Company has served County and municipal governments in the mass appraisal
field for over sixty five 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 of this
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.
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Articles of Agreement
City of Muskego, Wisconsin
1. 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.
2. PURPOSEIVSE 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.
3. CONTRACT DOCUMENTS
This Agreement, Schedule A and Schedule B comprise the contract documents.
4. PERIOD OF AGREEMENT
This Agreement shall run from September 1,2004, through September 1,2005.
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
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Schedule B 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.
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.
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Articles of Agreement
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5. COMPENSATION
As compensation for the Company providing the services contained in Schedule A:
The City shall pay the Company a fixed fee of ONE HUNDRED SIXTY THOUSAND
DOLLARS ($160,000) for these services for the period of September 1, 2004 through
September 1,2005.
As compensation for the Company providing the services contained in Schedule B:
The City shall pay the Company a fixed fee of TWENTY EIGHT THOUSAND
DOLLARS ($28,000) for these services for the period of September 1, 2004, through
September 1,2005.
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 of any apparent discrepancies contained in the
itemized billing within fifteen (15) days of receipt of any billing. Failure ofthe City to
make payment when due, without cause, entitle the Company, in addition to its other
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rights and remedies, to suspend, temporarily, further performance of this Agreement
without liability. The City shall have the right to inspect the progress ofthe work at any
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 to the City
Assessor. The Company's 2004 hourly rates are listed below:
Senior Company Officer $200.00
Company Officer $180.00
Project Supervisor $160.00
Senior Programmer/Analyst $140.00
Senior Appraiser $120.00
Programmer/Analyst $100.00
Junior Programmer/Analyst $ 90.00
Appraiser $ 80.00
Data Collector $ 60.00
Data Entry Supervisor $ 50.00
Secretary $ 50.00
Data Entry Operator $ 40.00
Clerical $ 40.00
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Articles of Agreement
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6. 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.
7. 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.
8. INDEMNIFICATION AND INSURANCE
Except as provided below, the Company agrees to defend and save harmless 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.
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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 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 ofthe 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 carry 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.
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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
Majeure and any known prospects for overcoming or ameliorating it. Both parties agree
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.
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Articles of Agreement
City of Muskego, Wisconsin
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 Equal 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 his /her immediate family.
12. PROJECT PERSONNEL
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.
13. SUBCONTRACTS/ASSIGNMENT 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
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Articles of Agreement
City of Muskego, Wisconsin
accuracy and timeliness of the work submitted in the fulfillment of its responsibilities
under this Agreement.
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.
14. 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.
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Articles of Agreement
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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.
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.
TERMINATION
The City will have the right to terminate this Agreement in the exercise of its absolute
and sole discretion, upon ten (10) days written notice to the Company. Ten (10) days
after the receipt or such notice, this Agreement will automatically terminate without
further obligation of the parties, except for the payment by the City of all services
rendered and materials furnished as of the date of termination.
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Articles of Agreement
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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.
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.
NOTICES
All notices required to be sent to the Company shall be sent to the following address:
Cole-Layer-Trumble Company
3199 Klepinger Road
Dayton, Ohio 45406
Attention: David J. Johnson, Senior Vice President
All notices required to be sent to the City shall be sent to the following address:
Ms. Laura Mecha
City Assessor
W182 S8200 Racine Avenue
P. O. Box 749
Muskego, Wisconsin 53150-0749
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Articles of Agreement
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IN WITNESS WHEREOF, the parties hereto have set their hands to duplicates of this Agreement
this
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day of , 2004.
CITY OF MUSKEGO, WISCONSIN
Attest
By:
Title:
By:
Title:
By:
Title:
COLE-LA YER- TRUMBLE COMPANY
A wholly owned subsidiary of Tyler Technologies, Inc.
Attest
By: Reid B. Terry
Area Manager
Wisconsin
APPROVED AS TO FORM:
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
SCHEDULE A
REV ALUA TION SERVICES TO BE PROVIDED
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.
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.
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
The employees of the City Assessor's office and the Company shall work together to
maintain the full cooperation of all property owners by treating each inquiry with courtesy
and supplying all possible necessary information to every interested property owners;
however, each field appraiser/lister 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.
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.
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 same in subsequent assessments.
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:
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
Throughout the revaluation, the Assessor and the staff will check work being performed
by the Company to assure the City that the work is being done in a proper manner. The
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 calculations/cost 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 and/or Common
Councilor 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.
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
6.0 MISCELLANEOUS TERMS AND CONDITIONS
This section addresses general terms and conditions that are required to complete a
successful revaluation program:
6.1 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.
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
PERSONNEL
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.
Staff Requirements
The City shall reserve the right to prohibit an employee of the Company from
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.
The Company shall supply all its field representatives with identification cards
containing, in addition to the usual information, a photograph of the employee.
Proiect Supervision
The Company shall designate a qualified and responsible employee to supervise the
operation ofthe Company's staff for the entire project. The individual designated,
approved by the City, as such shall make himself/herself available to the City for
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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.
ASSESSMENT MANUAL
The Company shall make all assessments in accordance with the Wisconsin Property
Assessment Manual as specified in Sections 70.32(1) and the Company shall be
responsible for all final values arrived at in compliance with same.
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 parcel 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.
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
APPROACHES TO VALUE
Tvpe 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 Analvsis
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.
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
DATA FOR EV ALVA TION
The Company shall gather and analyze market value data including, but not limited to
sales, lease data, rentals, rates of return, 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.
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
designations. The neighborhood identification procedure shall conform to the City's
CAMA software product.
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 filled 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.
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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. The 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.
5. The Company shall present a list of all partial assessments of improvements as of
January 1, 2005, to the City, so that they may be readily identified and appraised
for the subsequent assessment roll.
IMPROVEMENT VALUATION
The Company proposes to follow the guidelines listed below in determining improvement
revaluation.
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
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.
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
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
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 characteristics make it impossible to value via
the City's CAMA System, the unit-in-place method as presented in the
Marshall & Swift Valuation Service Manual shall be used.
All accrued depreciation, including physical deterioration, functional
obsolescence, and economic obsolescence, must be accurately documented
by the market and deducted from current replacement costs.
LAND VALUATION
The Company shall provide the following approach to the revaluation of land
characteristics:
Classification
Land classified as Agricultural shall be valued according to use, per s. 70.32, of the
Wisconsin Statutes.
Agricultural buildings and the land necessary for the location and convenience (site) shall
be assessed at fair market value in the Other classification. Market sales shall be used in
the development of Other land units values.
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
Unit values ranges per acre for each grade of fallow agricultural land, agricultural forest
land, undeveloped land, and productive forest land shall be determined from an analysis
of sales and other available market data. Agricultural forest land and undeveloped land
values shall be adjusted to 50% of full market value, per 70.32(4), WI Stats.
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.
Basic Unit Values
Basic unit values shall be determined for residential and commercial lands from an
analysis of sales, rents, leases, and other available market data. In the analysis of market
data, adequate records will be prepared showing data collected and unit value
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 of the 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.
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
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 2005. 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 make a final field review. Each parcel
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.
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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
staff may at any time during the final field review accompany the appraiser to check
his/her work.
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.
OPEN BOOK CONFERENCE
Upon completion of the Assessor'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 are the preferred method to attain this
result. The City and the Company shall mutually agree upon the date and hours of
Cole. Layer. Trumble Company 14
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
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 fifteen (15) days prior to the first day of
conferences for the convenience of the property owners. Expenses related to the notices
shall be the responsibility ofthe 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 work-days for support of values. The Company
shall be further compensated for each person-day involved over and above forty (40)
work-days based on a fee of NINETY DOLLARS ($90.00) per hour (four (4) hours
minimum) for additional participation in support of values.
June 2004 Cole-Layer- Trumble Company 15
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June 2004
Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
COMPLETION OF ASSESSMENT ROLL
The Company shall assist the City in proper completion of the 2005 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" to the Supervisor of Assessments, with a copy to
the Company.
BOARD OF REVIEW
At the request of the City, the Company and/or certified member(s) of its field staff will
attend meetings ofthe Board of Review to 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 and/or 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.
The base fee includes five (5) person work-days for support of values. The Company
shall be further compensated for each person-day involved over and above five (5)
work-days based on a fee of ONE HUNDRED DOLLARS ($100.00) per hour (four (4)
hours minimum) for additional participation in support of values including preparation
time.
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June 2004
Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
RESPONSIBILITIES OF THE CITY
This section will outline the responsibilities of the City to ensure that a successful
revaluation program is implemented.
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 office.
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.
Property 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.
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June 2004
Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
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.
Maps
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.
Notices for New Assessments
To furnish the name and correct address, if known, to the Company for notices to be sent
on assessed values.
Clerical/Secretarial Support
The City Assessor's office 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.
Miscellaneous General Agreements
The City governing body shall refrain from interfering with, or influencing any value
estimate by the Company.
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June 2004
Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
The City shall aid the Company in a responsible promotion of public information
concerning the work under this Agreement.
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.
GENERAL PROVISIONS
The Company will begin work on or before September 1,2004.
The Company will complete all work under this Agreement by not later than July 1,2005,
with the exception of informal hearings, Board of Review support, and necessary
subsequent appearances in relation to the Board of Review appeals. The City Assessor
may extend the due date for completed work for one (1) period of thirty (30) additional
calendar days for sufficient reason, without penalty, upon written request of the
Company. The Mayor and/or Common Council may extend the due date for completed
work for a second thirty (30) day period. 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 1, 2005, 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
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Schedule A - Revaluation Services to be Provided
City of Muskego, Wisconsin
date such work is completed. Such penalty will be deducted from the contract sum owed
the Company.
Contract Deliverables
Within fourteen (14) days of the final 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.
PROJECT ST AFFING/SCHEDULE
The Company shall submit a project plan. The plan will include key milestone dates
needed for the successful completion of the revaluation process.
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June 2004
Schedule B
City of Muskego, Wisconsin
SCHEDULE B
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 real property that has undergone physical changes during
the period January 1, 2004, through December 31, 2004.
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 office. The data and final valuations shall be in
accordance and equity with the Muskego assessment database that is in place for 2005.
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 City Assessor's office. The data and final valuations shall be
in accordance and equity with the Muskego assessment database that is in place for 2005.
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June 2004
Schedule B
City of Muskego, Wisconsin
1.3 Percentae:e of Completion
The Company shall present a list of all partial assessments of improvements as of January
I, 2005 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.
Office 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.
Clerical/Secretarial Support
The City Assessor's office staffwill 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.
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Schedule B
City of Muskego, Wisconsin
Paper. Forms. and Postae:e
The City is responsible for the cost of all field cards, notice forms and postage.
Cole.Layer. Trumble Company 3