HomeMy WebLinkAboutSigned Reval Contract 2024 Tyler Tech.
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APPRAISAL SERVICES AGREEMENT
This Agreement is made between Tyler Technologies, Inc., a Delaware corporation (“Tyler”), and the City
of Oshkosh, Wisconsin (“Client”).
WHEREAS, Tyler is in the business of providing revaluation services to municipalities;
WHEREAS, Client has a need for such revaluation services; and
WHEREAS, Client has selected Tyler to perform the services set forth in the Statement of Work (as defined
below) attached hereto as Exhibit C and Tyler desires to perform such services under the terms of this
Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
• “Agreement” means this Appraisal Services Agreement.
• “Effective Date” means the last date on which both parties have signed this Agreement.
• “Force Majeure” means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, severe or
unusual weather or climatic conditions which exist for a substantial period of time, extreme
inflation (defined as eight percent or greater per year) or any other cause that could not with
reasonable diligence be foreseen or prevented by you or us.
• “Investment Summary” means the total fixed price and per diem rates to complete the services
described in this Agreement, attached as Exhibit A.
• “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
• “we”, “us”, “our” and similar terms mean Tyler.
• “you” and similar terms mean Client.
SECTION B – PROFESSIONAL SERVICES
1. Services. We will provide you the professional services, consistent with industry standards, as
described in the Statement of Work attached hereto as Exhibit C.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth
in Exhibit A – Investment Summary. Those amounts are payable in accordance with our Invoicing and
Payment Policy.
3. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent
with industry standards and the specifications described in the Statement of Work – Exhibit C.
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4. Site Access and Requirements. You agree to provide us with access to your personnel as may be
reasonably necessary for us to provide the professional services as described herein, subject to any
reasonable security protocols or other written policies provided to us as of the Effective Date, and
thereafter as mutually agreed to by you and us.
5. Client Assistance. You acknowledge that the services we provide under this Agreement are a
cooperative process which may require the time and resources of your personnel. You agree to use
all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the
agreed upon project deadlines and other milestones for the services. This cooperation includes at
least working with us to schedule the services outlined in this Agreement and performing the Client
responsibilities described in Exhibit C attached hereto. We will not be liable for failure to meet any
deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel
to provide such cooperation and assistance (either through action or omission).
6. Change in Legal Requirements. The parties acknowledge that the terms and conditions of this
Agreement are based on the laws, rules and regulations as of the Effective Date. In the event any
applicable laws, rules or regulations change so as to create additional work for us not provided for in
this Agreement, Client shall allow us a reasonable extension of time to complete the services, and
additional compensation as provided in Section C(3) below.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone
criminal background checks prior to hire. All employees sign our confidentiality agreement and
security policies.
SECTION C – INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the fees for the services as per our Invoicing and Payment
Policy, subject to Section C(2).
2. Invoice Disputes. If you believe any delivered service does not conform to the warranties in this
Agreement, you will provide us with written notice within fifteen (15) days of your receipt of the
applicable invoice. The written notice must contain reasonable detail of the issues you contend are
in dispute so that we can confirm the issue and respond to your notice with either a justification of
the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice.
We will work with you as may be necessary to develop an action plan that outlines reasonable steps
to be taken by each of us to resolve any issues presented in your notice. You may withhold payment
of the amount(s) actually in dispute, and only those amounts, until we complete the action items
outlined in the plan. If we are unable to complete the action items outlined in the action plan because
of your failure to complete the items agreed to be done by you, then you will remit full payment of
the invoice. We reserve the right to suspend delivery of all services if you fail to pay an invoice not
disputed as described above within fifteen (15) days of notice of our intent to suspend services.
3. Additional Services. The Investment Summary contains the related costs required for the project
based on our understanding of the specifications you supplied and of the laws, rules and regulations
applicable to the project as of the Effective Date. If additional work is required, or if you use or request
additional services, we will provide you with an addendum outlining the costs for the additional work.
The price quotes in the addendum will be valid for thirty (30) days from date of issuance.
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SECTION D – TERM AND TERMINATION
1. Term. This Agreement shall commence on the Effective Date and shall continue through September
1, 2024. This Agreement may be renewed upon written mutual agreement of the parties.
2 Termination. This Agreement may be terminated as set forth below. In the event of termination,
you will pay us for all undisputed fees and expenses related to the services you have received, or we
have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in
all terminations other than your termination for cause must have been submitted as invoice
disputes in accordance with Section C(2).
2.1 For Cause. If you believe we have materially breached this Agreement, you will invoke the
Dispute Resolution clause set forth in Section F(2). You may terminate this Agreement for cause
in the event we do not cure, or create a mutually agreeable action plan to address, a material
breach of this Agreement within the thirty (30) day window set forth in Section F(2).
2.2 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event
suspends performance of this Agreement for a period of forty-five (45) days or more.
2.3 Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to
purchase the services set forth in this Agreement, you may unilaterally terminate this
Agreement upon thirty (30) days written notice to us. You agree not to use termination for lack
of appropriations as a substitute for termination for convenience.
SECTION E – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Property Damage and Personal Injury Indemnification.
1.1 We will indemnify and hold harmless you and your agents, officials, and employees from and
against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent
caused by our negligence or willful misconduct; or (b) our violation of a law applicable to our
performance under this Agreement. You must notify us promptly in writing of the claim and give us
sole control over its defense or settlement. You agree to provide us with reasonable assistance,
cooperation, and information in defending the claim at our expense.
1.2 Subject to any limitations contained in Secs. 893.80, 893.83, 345.05, and similar statutes, of the
Wisconsin Statutes, the Client agrees to indemnify and hold Tyler, its officers, officials, employees and
agents harmless from and against any and all liability, including claims, demands, losses, costs,
damages, and expenses of every kind and description (including death), or damages to person or
property arising out of the terms of this Agreement where such liability is founded upon or grows out
of the acts or omission of any of the Client’s officers, employees, volunteers or agents while acting
within the scope of their employment.
Nothing in this Agreement is intended to be a waiver or estoppel of the ability of the Client or its
insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law,
including those contained within the Wisconsin Statutes Secs. 893.80, 895.52, and 345.05 and to
argue that such damage limits, caps and immunities shall be used to govern the disputes, contractual
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or otherwise, to which those statutes apply, and to the extent they are applicable to the parties and
their agents, officers, and employees. To the extent that indemnification is available and enforceable,
the Client or its insurer shall not be liable in indemnity or contribution for an amount greater than the
applicable limits of liability, if any, for the applicable municipal claims, if any, established by Wisconsin
law.
1.3 It is the intention of the parties to this Agreement that each party shall be solely responsible for
its own actions and activities and the actions and activities of its own officers, employees and agents
while acting within the scope of their employment.
2. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
3. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, OUR
LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF
CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO THE
LESSER OF (A) YOUR ACTUAL DIRECT DAMAGES OR (B) THE AMOUNTS PAID BY YOU UNDER THIS
AGREEMENT. THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS
LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS
THAT ARE SUBJECT TO SECTION E(1.1) ABOVE.
4. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF TAX
REVENUE OR CLAIMS RELATED TO VALUATION OF PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
5. Insurance. During the course of performing services under this Agreement, we agree to maintain the
following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile
Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers
Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of
at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and
Automobile Liability policies, which will automatically add you as an additional insured to our
Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance
upon your written request.
SECTION F – GENERAL TERMS AND CONDITIONS
1. Additional Services. You may purchase additional services at our then-current list price by executing
a mutually agreed addendum. The terms of this Agreement will control any such additional
purchase(s), unless otherwise specifically provided in the addendum.
2. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in good
faith negotiations with our appointed senior representative. Senior representatives will convene
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within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and
discussions between senior representatives will be deemed confidential settlement discussions not
subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail
to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to
resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert
our respective rights and remedies in a court of competent jurisdiction as set forth in Section F(20).
Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the
dispute resolution.
3. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse
us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For
clarity, we are responsible for paying our income taxes arising from our performance of this
Agreement.
4. Nondiscrimination. We will not discriminate against any person employed or applying for
employment concerning the performance of our responsibilities under this Agreement. This
discrimination prohibition will apply to all matters of initial employment, tenure, and terms of
employment, or otherwise with respect to any matter directly or indirectly relating to employment
concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that
is unrelated to the individual's ability to perform the duties of a particular job or position, height,
weight, marital status, or political affiliation. We will post, where appropriate, all notices related to
nondiscrimination as may be required by applicable law.
5. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your
project.
6. Subcontractors. We will not subcontract any services under this Agreement without your prior
written consent, not to be unreasonably withheld.
7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not required
for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of
substantially all of our assets.
8. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party
whose performance is delayed provides the other party with written notice explaining the cause and
extent thereof, as well as a request for a reasonable time extension equal to the estimated duration
of the Force Majeure event.
9. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement.
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10. Purpose/Use of Appraisals. By virtue of this Agreement, we are contracted to provide certain services
specified herein and recommendations of value to you which are intended for exclusive use by you
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 purposes.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and
us with respect to the subject matter hereof, and supersedes any prior agreements, understandings,
and representations, whether written, oral, expressed, implied, or statutory. Purchase orders
submitted by you, if any, are for your internal administrative purposes only, and the terms and
conditions contained in those purchase orders will have no force or effect. This Agreement may only
be modified by a written amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder
of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by
either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of
this Agreement, nor will such non-enforcement prevent such party from enforcing each and every
term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as
notice of an alleged material breach for a termination for cause or a dispute that must be submitted
to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the
following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return
receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of
email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal
Service authorized mail center with proper postage (certified mail, return receipt requested) affixed
and addressed to the other party at the address set forth on the signature page hereto or such other
address as the party may have designated by proper notice. The consequences for the failure to
receive a notice due to improper notification by the intended receiving party of a change in address
will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
17. Reserved.
18. Reserved.
19. Business License. In the event a local business license is required for us to perform services hereunder,
you will promptly notify us and provide us with the necessary paperwork and/or contact information
so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of
the State of Wisconsin. Venue for any action, suit or legal dispute arising from this Agreement shall
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be in the state courts located in Winnebago County, Wisconsin or a federal court of competent
jurisdiction located in Wisconsin.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals,
any of which will be independently treated as an original document. Any electronic, faxed, scanned,
photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be
deemed an original signature and will be fully enforceable as if an original signature. Each party
represents to the other that the signatory set forth below is duly authorized to bind that party to this
Agreement.
22. Wisconsin Public Records Laws. Notwithstanding any other term of this Agreement, whether
identified before or after this paragraph, and including other terms referenced or linked to this
Agreement,
(a) Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to information that is not disclosable under
public records laws, including without limitation, personal identifying information (e.g., social
security numbers) and trade secrets, each as defined by applicable Wisconsin law. Each party
agrees that it will not disclose any information that would not be disclosable under the Public
Records law and further agrees to take all reasonable and appropriate action to prevent such
disclosure by its employees or agents.
(b) The Client is statutorily required to comply with the Wisconsin Public Records laws. In the event
the Client’s compliance with the Wisconsin Public Records laws conflicts with any term of this
Agreement, whether the term is explicitly stated, or referenced, or linked, the Client shall notify
Tyler of such conflict and Tyler may take such action as it deems appropriate under paragraph
(d) below.
(c) For purposes of clarification, but without limitation, the Client acknowledges the intellectual
property and trade secrets rights of Tyler, as well as those of Tyler’s subsidiaries and affiliates.
This section is not intended to limit those intellectual property or trade secret rights. The
Wisconsin Public Records laws prevent public release of trade secrets and certain other
information, including, e.g.: Wis. Stat. 19.35(1) (records, such as intellectual property, subject
to protection by other federal or state laws); Wis Stat 19.36(4) (computer programs); Wis. Stat.
19.36(5) (trade secrets); and Wis. Stat. 19.36(13) (financial identifying information).
(d) In the event the Client receives a Public Records request related to this Agreement, the Client
will promptly notify Tyler of the request and allow Tyler, within the time allowed by the
Wisconsin Public Records laws, the opportunity to respond to and/or contest the release of such
requested information; and Client will otherwise perform the functions required by applicable
law . If Tyler has contested the release of the requested records and the Client disagrees with
Tyler’s position, then Tyler may take any lawful action it deems necessary to protect its
interests. Any resulting actions by Tyler shall be taken at Tyler’s own risk and cost, regardless of
the result of such action.
(e) The confidentiality covenants contained herein will survive the termination or cancellation of
this Agreement.
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23. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Exhibit C Statement of Work
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
Tyler Technologies, Inc. City of Oshkosh, Wisconsin
By: By:
Name: Gus Tenhunfeld Name: Mark Rohloff
Title: Inside Sales Manager Title: City Manager
Date: Date:
By:____________________________________
Address for Notices:
Tyler Technologies, Inc.
One Tyler Drive Name: Lynn Lorenson
Yarmouth, ME 04096
Att. Chief Legal Officer Title: City Attorney
Date: __________________________________
By: ____________________________________
Name: Russ Van Gompel
Title: City Finance Director
Date: __________________________________
Address for Notices:
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903
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10/31/2023 11/1/2023
11/1/2023
11/1/2023
Exhibit A
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Exhibit A
Investment Summary
The following Investment Summary details the services to be delivered by Tyler to Client under this
Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not
otherwise defined will have the meaning assigned to such terms in your Agreement.
2024 Commercial Revaluation and Additional Services:
The Client shall pay Tyler a total fee of ONE HUNDRED SIXTY-FOUR THOUSAND TWO HUNDRED DOLLARS
($164,200.00) for the services described in Exhibit C for the period September 1, 2023 through September
1, 2024.
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Exhibit B
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Exhibit B
Invoicing and Payment Policy
Tyler will provide you with the services set forth in the Investment Summary and Statement of Work.
Capitalized terms not otherwise defined will have the meaning assigned to such terms in your Agreement.
Invoicing: We will invoice you for the applicable services and for the fees described in the Investment
Summary as set forth below. Your rights to dispute any invoice are set forth in your Agreement.
1. Professional Services. Tyler will invoice the Client for fifty percent (50%) of the total project fees
($82,100) between September 1, 2023 and December 1, 2023, and the balance of the project fees
($82,100) between January 1, 2024 and August 1, 2024 as set forth in the payment schedule below:
The above payment schedule is for the convenience of the Client and is not necessarily a reflection of
the actual schedule of when services will be performed. If the Client terminates the Agreement prior
to the completion of the services set forth in this Agreement, the Client agrees that fees for all services
performed and not yet invoiced become immediately due. Tyler will maintain monthly progress
reports of actual services performed and the fees associated with said services. These monthly
progress reports will allow Tyler to deliver an invoice covering all services performed but not yet
invoiced in the event of early termination. All services to be performed under this Agreement will be
completed by September 1, 2024.
2. Expenses. The service fees in the Investment Summary include travel expenses.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date.
We prefer to receive payments electronically. Our electronic payment information is available by
contacting AR@tylertech.com.
9/1/23 10/1/23 11/1/23 12/1/23 1/1/24 2/1/24 3/1/24 4/1/24 5/1/24 6/1/24 7/1/24 8/1/24 TOTAL
$20,525.00 $20,525.00 $20,525.00 $20,525.00 $10,262.50 $10,262.50 $10,262.50 $10,262.50 $10,262.50 $10,262.50 $10,262.50 $10,262.50 $164,200.00
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Exhibit C
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Exhibit C
Statement of Work
The following Statement of Work details the services to be delivered by Tyler to the Client under your
Agreement. This Statement of Work is effective as of the Effective Date. Capitalized terms not otherwise
defined will have the meaning assigned to such terms in your Agreement.
1.0 TECHNICAL ENVIRONMENT
Tyler will use the Client's iasWorld Computer Assisted Mass Appraisal (CAMA) System as a base
for the work performed under this Agreement. All office supply and computer system costs
associated with the processing of data shall be the responsibility of the Client.
2.0 PERSONNEL
All work will be performed by personnel certified by the State of Wisconsin, Department of
Revenue. Tyler will provide and update the Client with a listing of personnel assigned to the
Project. The Client shall provide Tyler Staff with identification cards consistent with the current
City policy.
Tyler shall designate a qualified and responsible individual to supervise the commercial
revaluation.
Tyler may assign other or additional project personnel to the revaluation subject to the approval
of the Client. The Client reserves the right to prohibit an employee of Tyler from participation in
services under this Agreement, if it determines there is good cause to do so. Tyler shall review
any complaint relative to the conduct of its employee(s). The Client may also review any such
complaint. If the Client deems the performance of any of the employees to be unsatisfactory,
Tyler shall remove such employee(s) from work upon a written request from the Client that states
the reasons for removal.
3.0 ASSESSMENT MANUAL
Tyler shall make all commercial assessments in accordance with the Assessor's Manual as
specified in Sections 70.32(1) Wisconsin Statutes and shall be responsible for all final commercial
values arrived at in compliance with same. Additionally, the Company will follow the Interim
Market Update (IMU) process identified on page 4-3 of the WPAM Volume 1.
4.0 DATA FOR EVALUATION
Tyler shall gather and analyze market value data including, but not limited to, sales data, lease
data, rental rates, 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.
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Exhibit C
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5.0 PROPERTY RECORD CARDS
The Client and Tyler agree to use the property record card as designed and modified from time to
time in the Client’s iasWorld CAMA Software.
6.0 NEIGHBORHOOD DELINEATION
Tyler shall update the existing neighborhood delineation for the commercial class properties as
needed and work with the City’s GIS Department to create a color-coded map indicating the
various neighborhood designations. The neighborhood identification procedure shall conform to
the Client's iasWorld CAMA software product.
7.0 APPROACHES TO VALUE
7.1 Type of Approach
Tyler shall consider those factors required by 70.32 Wis. Stats. including, but not limited
to, the cost, market, and income approaches in the valuation of all vacant and improved
parcels of property.
7.2 Sales Analysis
Tyler shall analyze sales data 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.
7.3 Income Analysis
In valuing income-producing properties, the Tyler 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 Client.
8.0 IMPROVEMENT VALUATION
Tyler proposes to follow the guidelines listed below in determining improvement revaluation. The
factors under Wisconsin Statute 70.32 shall be considered for all real properties.
8.1 Valuation Approach
Tyler shall value improvements in accordance with the Wisconsin Property Assessment
Manual and the Client's iasWorld CAMA System. The three (3) industry-recognized
approaches to value; i.e., cost, income and market shall be considered by Tyler for all
commercial parcels.
8.2 Commercial Approach
In valuing commercial improvements, 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 characteristics make it impossible to value via the Client's iasWorld CAMA System,
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Exhibit C
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the unit in place method as presented in the Marshall & Swift Valuation Service Manual
may be used. All accrued depreciation, including physical deterioration, functional
obsolescence, and economic obsolescence, will be recorded for each parcel in the Client’s
iasWorld CAMA system.
9.0 LAND VALUATION
Tyler shall provide the following approach to the revaluation of land characteristics:
9.1 Basic Unit Values
Basic unit values shall be determined for 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 Client. The Client’s iasWorld Land Tables will be updated accordingly.
Having determined basic unit values, Tyler shall apply such to each parcel, making
adjustments to account for particular characteristics of the site in the Client's iasWorld
CAMA System.
Maps and schedules will be prepared indicating unit values used for the commercial
revaluation. These maps and schedules shall be left with and be the property of the
Client.
9.2 Land Tables
A copy of all charts, schedules and tables, not previously referred to and used in the
valuation of commercial lands shall be left with the Client.
10.0 DATA MANAGEMENT
This section will outline Tyler's procedures for collecting and encoding the data collected into the
Client's iasWorld CAMA System.
10.1 Tyler shall encode or perform data maintenance on commercial class property records in
the Client’s iasWorld CAMA System as needed as part of the revaluation.
10.2 Tyler 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.
10.3 The Client and Tyler 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.
10.4 Tyler shall present a list of all partial assessments of improvements as of January 1, 2024,
to the Client, so that they may be readily identified and assessed for the subsequent
assessment roll.
11.0 FINAL ANALYSIS
Prior to the Open Book conferences, the Company will perform a final analysis on commercial
properties and make the proper correlation of values between the cost, market and income
approaches to value. This review will cover each parcel so as to eliminate errors in computations
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that may have occurred, to ensure uniformity amongst property types, 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.
For commercial properties where a determination of value has been made via the income
approach, the value shall also be reviewed to account and adjust for factors which may have a
direct bearing on the market value and/or equitable relationship to other properties. As part of
this review, Tyler shall consider the indicated gross income, expenses, vacancy rate, net income
and capitalization rate of each property. Physical, economic and functional obsolescence
affecting the income approach to value shall be considered when arriving at the final income
approach value.
12.0 RESIDENTIAL SUPERVISION
Tyler shall provide guidance and supervision to City staff relating to the residential class properties
for the revaluation. The goal is for Tyler to provide such guidance and supervision relating to
residential valuation in order to produce sound, uniform values. The guidance and supervision is
expected to not surpass fifteen (15) working days and shall include, but not be limited to, as
requested by the City:
a. Guidance and supervision in residential land and cost approach analysis.
b. Guidance and supervision relating to market modeling.
c. Guidance and supervision relating to sales comparison selection process.
d. Guidance and supervision on the valuation review process.
e. Guidance and supervision on quality reports to run prior to mailing notices of assessment.
13.0 CLIENT TO REVIEW ASSESSMENTS
Prior to sending notices of assessment and Open Book conferences, and upon request by the
Client, the Client shall have ample time to review assessed values on commercial class property.
At the discretion of the Client, such review may include property record cards and all other
material prepared for the revaluation.
14.0 OPEN BOOK CONFERENCE
Upon completion of the Client's review of assessments and prior to the completion of the
assessment rolls, Tyler shall hold Open Book conferences for the purpose of enabling property
owners or their agents to review and compare the assessed values. Tyler shall be responsible for
conducting all Open Book appointments for commercial class properties and the City shall be
responsible for residential class properties. The Statutory Assessor may assist with commercial
class Open Book appointments or residential class Open Book appointments.
A sufficient number of qualified Tyler personnel, approved by the Client, will be available to
conduct Open Book conferences, Monday through Friday, at a place designated by the Client. 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
Client and Tyler 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 times shall
include evening hours.
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The Client 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 approved by the Department of
Revenue as provided in Section 70.365. The Client 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 five (5)
days prior to the first day of conferences for the convenience of the property owners. Expenses
related to the printing and mailing of the notices shall be the responsibility of the Client.
15.0 BOARD OF REVIEW
A certified member(s) of Tyler’s field staff will attend meetings of the Board of Review to explain
and defend the assessed value of commercial appeals 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 Tyler shall
make available a qualified representative(s) upon request from the Client, at no additional cost,
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.
16.0 SUPPORT OF REVALUATION SERVICES BY THE CLIENT
This section will outline the responsibilities of the Client to ensure that a successful revaluation
program is implemented.
16.1 Access to Records
The Client shall allow access and make available to Tyler, Client 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 Client, at no cost.
16.2 Maps
Upon specific request, the Client shall furnish one (1) sets of plat maps and one (1) zoning
map and any other maps that are mutually agreed by Client and Tyler to complete a
successful project.
16.3 Notices for New Assessments
To update the iasWorld database with the most current known name and mailing address
prior to sending notices of assessment. The cost of mailing the notices of assessment
shall be the responsibility of the Client.
16.4 Miscellaneous General Agreements
The Client’s governing body shall refrain from interfering with or influencing any value
estimate by Tyler.
The Client shall aid Tyler in a responsible promotion of public information concerning the
work under this Agreement.
16.5 Hardware/Software Requirements
The Client shall provide, maintain, and assure reasonable Tyler access to the data
processing facilities on which Tyler will encode the data for the revaluation.
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The Client shall provide, at no cost to Tyler, suitable office space and all necessary
accoutrements to allow Tyler to perform the functions of the commercial revaluation,
including but not limited to desks, chairs, a shared personal computer and printer.
17.0 GENERAL PROVISIONS
17.1 Tyler Responsibilities
Tyler will begin work upon on the commercial revaluation on or before August 1, 2023.
Tyler shall complete the commercial revaluation by June 1, 2024 with the exception of
the Open Book and Board of Review.
The following is an outline of milestone dates for activities for the commercial
revaluation.
• December 31, 2023 – Exterior drive-by reviews (pre-review) of selected
commercial properties complete.
• December 31, 2023 – Initial land and cost analysis complete.
• January 8, 2024 – Income and Expense forms mailed.
• March 8, 2024 – Income approach analysis complete, income approach tables
loaded.
• May 17, 2024– Individual commercial values reviewed and preliminary values
complete.
• May 31, 2024 – Final quality checks complete and notice ready.
• June 4, 2024 - Notices of Assessment mailed.
• July 10, 2024 – Open Book complete.
• July 25, 2024 – Board of Review begins
18.0 Contract Deliverables
Within fourteen (14) days of the final adjournment of the Board of Review, Tyler shall turn over to the
Client all records prepared for the revaluation including, but not limited to, (a) property record cards,
computer generated output, maps, and any other schedules or forms, (b) all records and materials
obtained for the Client 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 Client
including, but not limited to, 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.
DocuSign Envelope ID: 534DF78C-BFB6-485B-97E1-46A2D1668260