CCR2020089-Attachment
INDEPENDENT CONTRACTOR AGREEMENT FOR
INSPECTION SERVICES
This Independent Contractor Agreement is between Wisconsin Building Inspections, LLP, Jared
Stawicki, Senior Partner, and Scott Johnson, Senior Partner, herein called the Contractor, and the City of
Muskego, a Municipal Corporation, duly organized and located in the County of Waukesha, State of
Wisconsin, hereinafter called the City.
WHEREAS, The City of Muskego is desirous of hiring an individual(s) to serve as Building Inspector for the
City of Muskego, and;
WHEREAS, The Independent Contractor has agreed to provide such service in accordance with the terms
and provisions of this Contract.
NOW, THEREFORE, the Contractor and the City agree as follows:
1. The Contractor shall serve as the Building Inspector for the City of Muskego.
2. The Contractor shall be State certified in U.D.C. Construction, Electrical, Plumbing and H.V.A.C.
as well as Commercial Electric, Plumbing and Construction.
3. The Contractor agrees to perform all Building Inspector duties including, but not limited to:
a. To complete all commercial building permit reviews and commercial building permit
inspections.
b. To perform all inspections needed that are associated with permits that were issued prior
to the effective date of this contract, at no extra charge.
c. Residential and Commercial Erosion Control.
d. To complete all Residential Building permit reviews, as well as, all associated inspections
with those permits.
4. The Contractor agrees to hold office hours in the City offices as agreed upon between the
Contractor and the City from time to time (Generally hours shall be M-W-F from 8:00 a.m. - 9:00
a.m.).
5. As compensation for providing building inspection services, the City shall pay the Contractor forty
five percent (45%) of the final fees collected for each of the following permits in the city: building,
plumbing, electrical, mechanical, general/residential, new home, razing, commercial, and business
registration. If the final permit fee for an individual permit exceeds $50,000 then forty percent (40%)
of the final permit fee shall be paid.
6. No additional compensation shall be paid. The City shall compensate the Contractor no later than
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the 21 of the month following the previous month that services were rendered.
7. The Contractor shall keep an accurate record of the hours required to perform the services under
this contract. The Contractor shall provide a monthly statement of services rendered and a recap
of permits issued on a monthly basis. Likewise, the City Building Permit program will issue monthly
statement of permits issued along with the monthly costs.
8. The Contractor shall provide:
a. Field communication equipment and all other necessary equipment.
b. Vehicles fuel and auto insurance for the Contractor and any staff.
c. Supplemental systems and support and administrative coordination.
d. Wisconsin license fees for the Contractor and any staff.
e. Professional liability insurance in an amount of at least $1 million.
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f. Computers with internet access in the field.
g. Cell phones for each inspector in the field at all times working in the capacity for the City
of Muskego.
9. The City shall provide office space, desk, desk chair, file cabinet, and use of photocopier, phone,
and fax machine during the term of this contract.
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10. This Agreement shall be in effect from the 1 day of January 2021 through the 31 day of December
2025.
11. The City reserves the right to cancel this Agreement in whole or in part, without penalty, due to non-
appropriation of funds or for failure of the Contractor to comply with the terms or conditions of this
Agreement. Either party may terminate this Agreement for any reason at any time upon not less
than sixty (60) days’ written notice to the other party. In the event of termination, the City shall pay
the Contractor for that portion of the work satisfactorily performed prior to the date of termination.
12. Should disputes arise between parties during the course of this Agreement, the parties shall make
a good faith attempt to resolve disputes through dialogue and negotiation. If such efforts fail to
resolve the differences, prior to the commencement of legal action, the parties will attempt to
resolve the issues through mediation conducted in Waukesha County, State of Wisconsin, by a
Wisconsin mediator chosen by Agreement of the parties. The parties shall share equally in all costs
associated with mediation.
13. Neither this Agreement nor any right or duty, in whole or in part, of the Contractor under this
Agreement may be assigned, delegated, or subcontracted without the written consent of the City.
14. The Agreement shall be governed by the laws of the State of Wisconsin and venue for any action
concerning this Agreement shall be in Waukesha County, Wisconsin. The Contractor shall at all
times comply with all federal, state, and local laws, ordinances, and regulations in effect during the
period of this Agreement.
15. This Agreement, together with any attachments, shall constitute the entire Agreement between the
parties and previous communications or Agreements pertaining to the subject matter of this
Agreement are hereby superseded. Any contractual revisions may be made only by a written
amendment to this Agreement, signed by both parties prior to the ending date of this Agreement.
16. The Contractor forever discharges, holds harmless and, indemnifies the City of Muskego,
Wisconsin, a Municipal Corporation, its Departments, Commissions, Officials, Agents, and
Employees, his, her, it’s, or their successors and assigns, and all other persons, firms, or
corporations who are or might be liable (“Released Parties”) from any and all claims, demands,
damages, costs, actions, and cause of action of whatever kind or nature, including third party
claims, which arise out of Contractor’s performance of his/her duties and actions under this
Agreement. This Agreement to indemnify, defend, and hold harmless shall not extend to any claims,
suits, damages, or losses caused by the acts, omissions, or conduct of City employees.
17. It is further understood and agreed that the Contractor is an Independent Contractor and is not an
employee of the City of Muskego, and all persons engaged by the Contractor in performance of this
Contract shall be deemed the Contractor’s agents and employees and not the agents and
employees of the City of Muskego. The City takes no responsibility for supervision or direction of
the performance of this Agreement to be performed by Independent Contractor. The Contractor is
not an employee of the City for any purpose whatsoever, to include coverage under the Wisconsin
Worker’s Compensation Statute.
18. These General Terms and Conditions shall survive the completion of the services under this
Agreement and the termination of this Agreement for any cause.
19. Contractor shall purchase and maintain for the duration of this Agreement as required by the City
or by Law, insurance indemnifying against claims, suits, personal injury, bodily injury to persons, or
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damage to property which arises from, or in connection with the performance of the work hereunder
by the Contractor.
A. General Endorsements that must be added to the general liability policy of insurance:
a. Occurrence Based Policies. All required liability insurance under this Agreement shall
be written on an “occurrence” form.
b. Cancellation. The policy shall not be suspended, voided, canceled, reduced in
coverage or in limits except upon at least thirty (30) days prior written notice has been
given to the City.
c. Additional Insured’s. The City of Muskego, their officers (elected and appointed),
employees, agents, and volunteers must be named as additional insured’s as their
interests may appear on the Contractor’s General Liability Insurance Policy which
insures the City up to the required limits.
d. Primary Insurance. Contractor’s insurance shall provide primary insurance to the City
of Muskego, to the exclusion of any other insurance or self-insurance programs the
City may carry. Any insurance or self-insurance maintained by the City shall be excess
of the Contractor’s insurance and shall not contribute to it.
e. Waiver of Subrogation. Contractor waives all rights against the City of Muskego, their
officers, employees, agents, and volunteers for recovery of damages to the extent
these damages are covered by the insurance the Contractor is required to carry
pursuant to this Agreement.
B. Minimum Limits of Liability
a. Per Occurrence Limit $1,000,000
b. Policy Aggregate $2,000,000
c. Personal Injury Limit $1,000,000
d. Medical Expense Limit $5,000
e. Professional Liability $1,000,000
20. Contractor has read this document and was given the opportunity, prior to signing, to review the
Agreement with an attorney. If counsel has not been retained, Contractor acknowledges the
opportunity to discuss and negotiate the terms of this Agreement with the Muskego City Attorney
and unless utilized, waives said opportunity.
21. The attachment marked Exhibit “A” Public Records Responsibilities Contract Terms, is incorporated
herein and made part of this Agreement as if solely set forth herein.
WISCONSIN BUILDING INSPECTIONS L.L.P. CITY OF MUSKEGO
SCOTT JOHNSON, SENIOR PARTNER RICK PETFALSKI Jr., MAYOR
DATED: DATED:
Jared Stawicki, SENIOR PARTNER SHARON MUELLER, DIRECTOR FINANCE
& ADMINISTRATION
DATED: ______________________________
DATED:
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EXHIBIT A
Public Records Responsibilities Contract Terms
City and Contractor recognize that applying applicable Wisconsin public records laws to particular records
requests can be difficult, in light of copyright and other confidentiality protections. To ensure that applicable
laws are followed, both with regard to private rights, and with regard to public records laws, City and
Contractor agree as follows. When City receives public records requests for matters that City believes might
be proprietary or confidential information, City will notify Contractor of the request. Within three (3) days of
such notification (subject to extension of time upon mutual written agreement), Contractor shall either
provide City with the record that is requested, for release to the requestor; or Contractor shall advise City
that Contractor objects to the release of the requested information, and the basis for the objection. If for
any reason City concludes that City is obligated to provide a record to a requestor that is in Contractor's
possession, Contractor shall provide such records to City immediately upon City's request. Contractor shall
not charge for work performed under this paragraph, except for the "actual, necessary and direct" charge
of responding to the records request, as that is defined and interpreted in Wisconsin law.
In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents
incorporated herein by reference, Contractor shall indemnify and save harmless and agrees to accept
tender of defense and to defend and pay any and all legal, accounting, consulting, engineering and other
expenses relating to the defense of any claim asserted or imposed upon the City, its officers, agents,
employees and independent contractors growing out of (i) City's denial of a records request, based upon
objections made by Contractor, or (ii) Contractor's failure to provide records to City upon City's request; or
(iii) City's charges made to a records requestor, based upon reimbursement of costs Contractor charged to
City in responding to a records request; or (iv) City's lack of timely response to a records request, following
Contractor's failure to timely respond to City as required herein; or (v) City's provision of records to a
requestor that were provided to City by Contractor in response to a records request. Contractor's claims of
proprietary rights, or any other copyright or confidentiality claims, shall be waived such that City may provide
all requested documents, programs, data, and other records to the requestor, upon failure by Contractor to
defend, indemnify or hold harmless the City as required herein, and/or upon judgment of a court having
jurisdiction in the matter requiring release of such records.
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