Finance Committee Meeting — Agenda Packet
City of Mayville · Dodge County · Finance Committee · meeting of Aug 24, 2026 · Agenda packets
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CITY OF MAYVILLE FINANCE COMMITTEE
MEETING AGENDA
AUGUST 24, 2026
6:00 PM
MAYVILLE CITY HALL
15 S. SCHOOL STREET
1. CALL TO ORDER AND ROLL CALL
2. CITIZEN COMMENTS
Citizen Comments are to be kept to a maximum of five minutes per speaker unless the chairperson
allows an extension of time. Each citizen is to make comments at the podium after stating name and
address. Each citizen may comment only one time per public hearing / meeting.
3. APPROVAL OF MINUTES
3.1. Approval of Minutes of the July 27, 2026, Finance Committee Meeting
4. DISCUSS WITH POSSIBLE ACTION
4.1. Discuss, with Possible Recommendation, 2027 Capital Improvement Plan Projects
4.2. Discuss, with Possible Recommendation, Contract Renewal with Associated Appraisal Consultants,
Inc. for Appraisal Services for 2027 - 2031 and Interim Market Update Revaluation for 2027
4.3. Discuss, with Possible Recommendation, Proposed Contract from Vierbicher for Grant
Administration Services for Mayville EMS and the Wisconsin Department of Administration Non-
State Grant and FY27 Congressionally Directed Spending Application
5. ADJOURNMENT
Ald. Bob Smith, Presiding Officer
Meeting to immediately follow the Public Works Committee meeting.
NOTE: Persons with disabilities requiring special accommodations for attendance at the meeting
should contact City Hall at least one (1) business day prior to the meeting.
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CITY OF MAYVILLE FINANCE COMMITTEE
MEETING MINUTES
JULY 27, 2026
6:00 PM
MAYVILLE CITY HALL
1. CALL TO ORDER AND ROLL CALL
The meeting was called to order at 07:50 PM by Ald. Bob Smith, with the following roll call:
Present: Ald. Bob Smith and Ald. Tony DeBaker
Excused: Ald. Molly Henkel
Absent: None
Staff present: DPW/Parks Director Jake Schellpeffer, EMS Director Julie Staffin, EMS Deputy Director
Devin Sellnow, TAG Center Director Jess Loomans, Fire Chief Geoff Engel, Police Chief Ryan Toellner,
Police Lieutenant Jeremy Johnson, Cameron Sawyer with Elevated Municipal Consulting,
and Clerk/Executive Assistant Anastasia Gonstead.
2. CITIZEN COMMENTS
None
3. APPROVAL OF MINUTES
3.1. Approval of Minutes of the June 22, 2026, Finance Committee Meeting
The motion to approve the minutes of the June 22, 2026, Finance Committee meeting was made by
Ald. Smith and seconded by Ald. DeBaker.
Ayes: Ald. DeBaker and Ald. Smith
Nays: None
Vote Count: 2 - 0
Motion has Passed
4. DISCUSS WITH POSSIBLE ACTION
4.1. Quarter 2 - 2026 Budget Overview
C. Sawyer from Elevated Municipal Consulting gave a quarter 2–2026 budget overview to the
Committee. He said to expect budget amendments in August. He also informed the Committee
that wage realignments are needed for the EMS, Clerk, Comptroller, and Parks Departments;
anticipating $150,000-$180,000 overage in wages, reviews will be needed. Some capital projects
will be removed from the budget due to project timing. Special assessment revenues will not come
in until 2028 at the earliest for road projects, contradictory to 2026 budgeted information. C.
Sawyer provided information on the TAG Center, explaining there has been no cash improvement or
degradation. It is projected the TAG will have similar deficits this year. He noted no major changes
will happen with the TAG deficit until major operational changes are made. He suggested special
assessments should be reflected into debt service due to unreliable timing on payment. Revolving
loans also need to be addressed.
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4.2. Discuss, with Possible Recommendation, Quote for Filtration Backwash System Actuators and
Relay Installation, for the TAG Center Pool, in the Amount of $9,235.92
Vendor: Neuman Pools Inc.
The motion to recommend Common Council approve the quote for filtration backwash system
actuators and relay installation for the TAG Center pool, in the amount of $9,235.92, to Neuman
Pools Inc., to be funded by TAG Inc., was made by Ald. DeBaker and seconded by Ald. Smith.
Ayes: Ald. DeBaker and Ald. Smith
Nays: None
Vote Count: 2 - 0
Motion has Passed
4.3. Discuss, with Possible Recommendation, Pay Request #1 (Final), in the Amount of $36,258.34,
Payable to Northeast Asphalt, Inc.
Project: 2026 Oak Street Milling & Paving
The motion to recommend Common Council approve pay request #1 (final), in the amount of
$36,258.34, payable to Northeast Asphalt Inc., for the 2026 Oak Street Milling and Paving project,
was made by Ald. DeBaker and seconded by Ald. Smith.
Ayes: Ald. DeBaker and Ald. Smith
Nays: None
Vote Count: 2 - 0
Motion has Passed
4.4. Discuss, with Possible Recommendation, Pay Request #3, in the Amount of $333,988.57, Payable
to Kopplin & Kinas Co., Inc.
Project: 2026 Road Reconstruction - Muzzy, Allen, and Grove Streets
The motion to recommend Common Council approve pay request #3, in the amount of
$333,988.57, payable to Kopplin & Kinas Co. Inc., for the 2026 road reconstruction — Muzzy, Allen,
and Grove Streets project, was made by Ald. DeBaker and seconded by Ald. Smith.
Ayes: Ald. DeBaker and Ald. Smith
Nays: None
Vote Count: 2 - 0
Motion has Passed
4.5. Discuss, with Possible Recommendation, Pay Request #4, in the Amount of $298,954.57, Payable
to Kartechner Brothers LLC
Project: River Knoll Drive Street and Utility Extension - TID #7
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The motion to recommend Common Council approve pay request #4 in the amount of $298,954.57,
payable to Kartechner Brothers LLC, for the River Knoll Drive Street and Utility Extension - TID #7
project, was made by Ald. Smith and seconded by Ald. DeBaker.
Ayes: Ald. Smith and Ald. DeBaker
Nays: None
Vote Count: 2 - 0
Motion has Passed
4.6. Discuss, with Possible Recommendation, TAG Membership Fee Structure
TAG Director Jess Loomans gave an overview of her proposed fee structure. Clerk/Executive
Assistant Gonstead asked if the operating costs included utilities, insurance, etc. and Director
Loomans advised this was just aquatics budget items, so the number is most likely low. Questions
were asked about pool usage, the TAG Center has had lower numbers in the summer, noting 161
users in June. Clerk/Executive Assistant Gonstead pointed out aquatic wages alone are
approximately $15,000 per month.
The motion to recommend to Common Council to review the TAG Membership fee structure was
made by Ald. DeBaker and seconded by Ald. Smith.
Ayes: Ald. Smith and Ald. DeBaker
Nays: None
Vote Count: 2 - 0
Motion has Passed
5. ADJOURNMENT
The motion to adjourn the meeting was made by Ald. DeBaker and seconded by Ald. Smith.
Ayes: Ald. DeBaker and Ald. Smith
Nays: None
Vote Count: 2 - 0
Motion has Passed. The Finance Committee meeting was adjourned at 8:17 PM.
Respectfully submitted by Lexi Volbright - Deputy Clerk
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/44/25/119/47
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/44/25/44/44
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/44/25/44/45
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/76/65/73/87/105
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/79/87/89/65/87/i255/75/64/87/65/77/64/79/74/89/105
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/128/95/128/138/139 /75/73/75/65/86/115/87/89/65/87/65/89/i255/112/65/73/77/77/65/77/77/67/65/69/75
/134/79/67/72/74/65/75/65/i255/87/65/73/77/77/65/77/77/67/65/69/75/i255/71/79/69/89/68/71/75/65/89/i255/68/69/89/65/87/i255/106/114/111/115/112/i255/77/68/72/65/87/85/70/77/70/79/69/105
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/0 /1/2/3/4/5/6/i255/8/9/10 /8/10 /11/12/2
/13/14/15/16/17/18/19/i255/13/17/21
/22/23/24 /25 /26/26/23/27/28/23/28
/29/30/31/32/i255/34/25/22/35 /30/22/28
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/86/51/38/47/69/37/54/i255/43/44/69/108/47/38/i255/91/55/76/44/38/47/i255/115/86/43/91/116/i255/82/47/45/44/46/52/44/38/37/41/51/117 /71/70/80/72/72/72/117 /71/92/80/72/72/72/117 /71/80/84/72/72/118 /66/119/120/121/65/65
/122/89/38/47/69/37/41/69/83/87/51/46/39/i255/82/47/45/44/46/52/44/38/37/41/51/117 /71/70/80/72/72/72/117 /123/72/72/80/72/72/72/117 /92/80/92/72/72/118/119/104/121/120/66/65/65
/124/52/46/46/i255/86/51/49/55/47/53/38/37/41/51/i255/82/47/45/44/46/52/44/38/37/41/51/117 /71/70/80/72/72/72/117 /123/123/70/80/72/72/72/117 /92/80/73/72/72/118/119/125/126/120/127/65/65
/27/23 /128/31 /i255/109/31/23/29/109
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/28/110/22/23/24/31/162/163/164/165/163/163/166/165/167/167/164/163
/23/26 /30/110/112 /168/169/170/171/172/173/174/175/169/176/171/169/177/178/179/172/168
/180/181/181/182 /183/184/180/185/186/187/i255/180/189/189/190/180/184/181/180/191/i255/183/182/192/181/193/191/185/180/192/185 /181/194/i255/184/192/183/178 /65/64
Page 11 of 28
CONTRACT FOR
MAINTENANCE
ASSESSMENT SERVICES
Prepared for the
City of Mayville
Dodge County
By
Corporate Office
W6237 Neubert Rd. | P.O. Box 291
Greenville, WI 54942-0291
Phone (920) 749-1995/Fax (920) 731-4158
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Page 1 of 7
CONTRACT FOR MAINTENANCE ASSESSMENT SERVICES
This Contract is by and between the City of Mayville, Dodge County, State of Wisconsin, a municipal
corporation (hereafter referred to as “Municipality”) and Associated Appraisal Consultants, Inc., with its
principal office at W6237 Neubert Road, Appleton, WI 54913 (hereafter referred to as “Assessor”).
IN CONSIDERATION of the mutual promises contained herein, the parties hereto do agree as follows:
I. SCOPE OF SERVICES. All services rendered shall be completed in full accordance and compliance with
Wisconsin Statutes, the Wisconsin Property Assessment Manual and all rules and regulations officially
adopted and promulgated by the Wisconsin Department of Revenue as of the date of this Contract. Any new
laws or administrative rule changes during the term of this Contract which alter the scope of services will
need to be negotiated between both parties.
A. INSPECTIONS. The following inspection cycle is to be completed by the Assessor annually:
1) New construction, annexed properties, and properties with a change in exemption status
shall be physically inspected as necessary, and the property record card prepared or
updated as needed.
2) Properties affected by building removal, fire, significant remodeling (those requiring a
building permit), or other major condition changes shall be physically inspected as
needed.
3) Improved properties under construction during the term of this Contract shall be re-
inspected as needed.
4) All properties sold in the previous year, or affected by legal description changes, or zoning
changes shall be reviewed and inspected if deemed necessary to ensure an accurate and
fair assessment.
5) Requests for review by property owners, made after the close of the Board of Review, and
prior to signing the Assessor’s affidavit for the next assessment roll within the term of this
Contract, and if deemed necessary shall be physically inspected during the current
assessment cycle.
6) A classification review shall be conducted annually to determine eligibility for agricultural
use value assessment and the assessment of agricultural forest land and undeveloped
land.
B. PARCEL IDENTIFICATION. The legal description and size of each land parcel shall be
contained in the existing property records. The drawings and measurements of each primary improvement
shall be contained in the existing property records. For all new records, the Assessor at a minimum shall
provide a digital drawing and digital photograph of each primary improvement. In the event of a discrepancy
found in a small number of existing records, the Assessor shall investigate and correct the property record.
Should large amounts of existing records be deficient, there shall be additional costs charged to the
Municipality for onsite collection of missing data, and or correction of property records, as agreed upon by
both parties.
C. PREPARATION OF RECORDS. Appropriate records shall be used in the evaluation and
collection of data for residential improvements, commercial improvements, and agricultural improvements.
All information relating to the improvements shall be obtained and provided on the respective forms and or
electronic records. The Assessor shall supply to the Municipality a complete set of property records in a
computer readable format compatible with the Municipality’s computer system and update property records
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Page 2 of 7
within fourteen (14) days of final adjournment of the Board of Review. Records shall be updated prior to
open book and again to reflect any changes made at Board of Review.
D. APPROACH TO VALUE. Assessor shall assess all taxable real estate according to market value,
as established by professionally acceptable appraisal practices, except where otherwise provided by law.
Assessor shall consider the sales comparison approach, the cost approach, and the income approach in the
valuation of all applicable property.
E. ASSESSMENT NOTICES. A notice of changed assessment as prescribed under §70.365, Wis.
Stats., shall be mailed for each applicable taxable parcel or property whose assessed value has changed from
the previous year. The notice form used shall be that prescribed and or approved for use by the Wisconsin
Department of Revenue and include the time and place of when the open book conference(s) and board of
review meeting(s) will be held. Assessor shall be responsible for the preparation and timely mailing of all
assessment notices by First Class Mail.
F. OPEN BOOK. Upon completion of the Assessor’s review of assessments and prior to
completion of the assessment roll, the Assessor shall hold open book conferences for the purpose of enabling
property owners or their agents to review and compare the assessed values. The Assessor shall take the
phone calls to schedule appointments for the open book conference as needed. The Assessor shall be
present at the open book conference for a time sufficient to meet with the property owners or their agents
and shall be present at least two (2) hours. Assessor shall provide necessary staff to accommodate projected
attendance.
G. COMPLETION OF ASSESSMENT ROLL AND REPORTS. The Assessor shall be responsible for the
proper completion of the assessment roll in accordance with current statutes and the Wisconsin Property
Assessment Manual. The Assessor shall provide final assessment figures for each property to the
Municipality, and the roll shall be totaled to exact balance. Assessor shall arrange and provide the Real Estate
Assessment Roll for viewing by the public as prescribed in the Wisconsin Property Assessment Manual, as
amended each year, and adhere to any county or Municipality requirements of the Assessor for property
listing as prescribed under §70.09, Wis. Stats. Assessor shall prepare and submit all reports required of the
Assessor by the Wisconsin Department of Revenue. Assessor shall prepare and submit the Agricultural Land
Conversion Charge form to the County as required.
H. BOARD OF REVIEW. Assessor shall attend all required hearings of the Municipal Board of
Review to explain and defend the assessed value and be prepared to testify under oath regarding the values
determined. In the event of appeal to the Wisconsin Department of Revenue or Circuit Court, Assessor shall
be available upon request of Municipality to furnish testimony in defense of the assessed values for up to
eight (8) employee hours per parcel. Testimony in excess of eight (8) employee hours will require an
addendum to this Contract. If deemed necessary and mutually agreed upon by both parties, any outside
counsel services requested by the Assessor shall be provided and paid for by the Municipality as agreed upon
by both parties.
I. OPEN RECORDS REQUESTS. The Assessor shall timely respond to all open records requests
received by the Assessor. In so doing, the Assessor shall comply with the confidentiality provisions of the
Wisconsin Statutes, including §70.35(3), Wis. Stats., regarding the personal property return, §70.47(7)(af),
Wis. Stats., regarding income and expense information provided to the assessor and board of review; and
§77.265, Wis. Stats., regarding the real estate transfer return.
J. AVAILABLITY. The Assessor shall maintain telephone service to receive calls from the
Municipality or property owners five days a week, Monday through Friday, from 8:00 a.m. to 4:30 p.m.
excluding holidays and Assessor’s holiday and business closures. Internet and voicemail communication are
available twenty-four hours per day. The Assessor shall timely respond to all telephone inquiries within four
(4) business days or sooner. The Assessor shall respond to the municipal clerk on those issues that have been
raised to the clerk or board and subsequently passed on to the Assessor. Assessor shall be available to attend
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Page 3 of 7
meetings at the request of the Municipality for up to two (2) hours annually not including annual assessment
required meetings. Any additional meetings the Assessor shall be asked to attend beyond two (2) hours shall
be compensated at the customary rates charged by the Assessor. The Municipality and the Assessor shall
discuss the cost prior to attendance.
K. MUNICIPALITY RECORDS. The Municipality shall allow access and make available to the
Assessor municipal records in digital and or paper form such as, but not limited to, previous assessment rolls
and property assessment records, sewer, and water layouts, permits, building plans, site plans, tax records,
records of special assessments, plats, condominium documents, maps, and any other pertinent documents
currently in the possession of the Municipality at no cost. If such records necessary for our work are not in
the possession of the Municipality, Assessor shall obtain them from the County Surveyor, Register of Deeds,
or other sources at the Municipality’s expense.
L. MAPS. Municipality shall provide at no cost to Assessor any plat maps, zoning maps, cadastral
maps, GIS related maps, or any other maps currently in the possession of the Municipality. If such maps
necessary for Assessor’s work are not in the possession of the Municipality, Assessor shall obtain them from
the County surveyor, Register of Deeds, or other sources at the Municipality’s expense.
M. MAILING SERVICES. Assessor shall be responsible for the cost of all postage and mailing
services. This cost includes, but is not limited to, notices of changed assessment, written requests to view
property, questionnaires, and mailing of documents such as maps and assessment rolls. If Municipality
requires Assessor to send any letters by certified mail, Municipality shall be responsible for the postage and
mailing services costs of all certified mail.
II. GENERAL REQUIREMENTS
A. OATH OF OFFICE. As Assessor is a corporation, the person designated as responsible for the
assessment shall take and subscribe to an oath or affirmation supporting the Constitution of the United
States and to the State of Wisconsin and to faithfully perform the duties of Assessor. The oath shall conform
to §19.01, Wis. Stats., and be filed with the Municipal Clerk. Assessor shall assume the appointed office of
City Assessor as per §62.09 (1)(c), and §70.05(1), Wis. Stats., for the duration of this Contract and shall
perform all statutory duties appertaining to such office. Under Wisconsin law, the statutory Assessor for the
Municipality, whether elected, appointed, contracted or on-staff, is considered to be a public officer of the
Municipality.
B. QUALIFICATIONS AND CONDUCT OF PERSONNEL. The Assessor shall provide at its own
expense any personnel necessary and shall comply with the following:
1) All personnel providing services shall be currently certified in compliance with §70.05,
§70.055, and §73.09, Wis. Stats., and the administrative rules prescribed by the
Wisconsin Department of Revenue.
2) Assessor’s field representatives shall carry photo identification cards.
3) All employees, agents, or representatives of the Assessor shall conduct themselves in a
safe, sober, and courteous manner while performing services within the Municipality.
4) The Assessor shall review any complaint relative to the conduct of the Assessor’s
employees and take appropriate corrective action. If the Municipality deems the
performance of any of Assessor’s employees unsatisfactory, the Assessor shall, for good
cause, remove such employees from work upon written request by Municipality, such
request stating reasons for removal.
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Page 4 of 7
C. INSURANCE. The Assessor agrees as follows:
1) The Assessor shall obtain and maintain during the term of this Contract full coverage
insurance to protect and hold harmless the Municipality which insurance is to include:
(a) Workers Compensation State of Wisconsin requirements
(b) General Liability
General Aggregate $ 2,000,000
Products/Completed Operations $ 1,000,000
Each Occurrence $ 1,000,000
Personal & Advertising $ 1,000,000
Fire Damage $ 100,000
Medical Expense $ 10,000
(c) Comprehensive Auto Liability
Combined Single Limit $ 1,000,000
2) Liability for bodily injury, disability, and/or death of employees or any person or for
damage to property caused in any way, directly or indirectly, by the operations of the
Assessor within the Municipality shall be assumed by that Assessor.
3) Assessor agrees to carry proper and sufficient insurance to cover the loss
of Municipality's records withdrawn from the Municipality by the Assessor for its use or
by any subcontractors of Assessor, as well as Assessor's records in process under this
Contract that are in the possession of the Assessor.
4) Assessor shall provide the Municipality with certificates for all required insurance, with
the Municipality as a named insured. All insurance coverage shall contain a 10-day
advance notice of cancellation to the Municipality. The Assessor shall pay all insurance
premiums in a timely manner.
D. INDEMNIFICATION. The Assessor shall be considered a public officer and afforded the
protection from civil liability under §895.46, Wis. Stats., for performing duties while acting within the scope
of the Assessor’s employment as an officer of the Municipality. Municipality shall indemnify, hold harmless,
and defend Assessor from all claims and liabilities relating to the assessment or taxation of property,
including but not limited to claims made under §74.35, and §74.37, Wis. Stats., and any circuit court claims,
except claims and liabilities based on intentional or negligent acts or omissions of Assessor, or its employees,
agents, or representatives, unless otherwise specified in this Contract. Assessor shall indemnify, hold
harmless, and defend the Municipality against claims and liabilities based on intentional or negligent acts or
omissions of Assessor, or its employees, agents, or representatives, including, but not limited to, liability
under Wis. Stat. § 70.503 and any penalties imposed by law.
E. OWNERSHIP OF RECORD. All records prepared or maintained in connection with
assessments in the Municipality shall at all times be and remain the sole property of the Municipality. If the
record system is computerized, the software used by the Assessor shall be made available to the Municipality
in the format native to the customized or uncommon software and shall be able to create an exportable text
file of all required data. If the Municipality requires a conversion or transfer of the electronic assessment
records to a non-proprietary neutral file format, such as but not limited to a text file format, XML or a tab
delimited format, the Municipality shall be responsible for all costs associated with the conversion and or
transfer of the electronically stored data.
Page 16 of 28
Page 5 of 7
III. TERM AND TERMINATION
A. TERM. The term of this Contract is for the 2027, 2028, 2029, 2030 and 2031 assessment
year(s). The assessor shall have completed all work under this Contract on or before July 31 of each
assessment year, excluding appearances beyond the Board of Review. The date of completion may be
extended, if necessary, under the terms of this Contract and by mutual consent.
B. TERMINATION. Either party may terminate this Contract only with cause, cause being defined
as default of the other party of terms of this Contract upon sixty (60) days written notice to the other party.
Upon termination by either party, Assessor shall deliver to the Municipality all records and materials in
Assessor’s possession used or created during this Contract. During the 60-day wind down period, both
Assessor and the Municipality shall act in good faith with each other and cooperate in the orderly transfer of
records. If termination occurs during the course of ongoing assessment work, the Assessor shall be paid for
undisputed services completed as of the date of written notice taking into consideration all scope of work to
be performed during the assessment year of termination.
C. DISPUTE RESOLUTION. The parties agree to use good faith, reasonable efforts to meet,
discuss, and try to resolve any disputes arising out of, or relating to, this Contract for a period of sixty (60)
days. Municipality agrees to provide Assessor with written notice within thirty (30) days of becoming aware
of a contract dispute. Assessor will convene within thirty (30) days of a written dispute notice, unless
otherwise agreed. All dispute related meetings, correspondence and discussions between Assessor and
Municipality will be deemed confidential settlement discussions not subject to disclosure. If Assessor fails 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 party may assert their respective
rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent Municipality or
Assessor from seeking necessary injunctive relief during the dispute resolution.
D. NOTICES. Except as otherwise expressly specified herein, all notices that are required to be
given under this Contract will be in writing and will be sent to the address of the appropriate party as set out
in this Contract or such alternative address the recipient may designate by notice given in accordance with
the provisions of this clause. Any such written notice may be deemed to have been given if delivered
personally or mailed, by certified or registered mail, postage prepaid, return receipt requested.
E. AUTOMATIC RENEWAL. This Contract shall automatically renew for successive annual
assessment years upon the expiration of the original term unless either party, on or before July 1 of the
preceding year, notifies the other party of their desire to non-renew.
F. ENTIRE CONTRACT. This Contract contains the complete and entire Contract between the
parties and supersedes any prior agreements, understandings, and representations, whether written, oral,
expressed, implied, or statutory, and may not be altered or amended except in writing, executed, making
specific references to this Contract, by a duly authorized officer of the Assessor and by a duly authorized
official of the Municipality.
IV. COMPENSATION
A. ANNUAL AMOUNTS. The Municipality shall pay Assessor the following annual Contract
amounts for maintenance assessment services:
Page 17 of 28
Page 6 of 7
Assessment Year Annual Amounts Optional Amounts
2027 $24,000 $25,000
2028 $24,500 $25,000
2029 $25,000 $25,000
2030 $25,500 $25,000
2031 $26,000 $25,000
B. METHOD AND TERMS OF PAYMENT. The compensation due to Assessor shall be paid in
monthly or quarterly installments, or a one-time annual payment for each of the assessment
year(s) as outlined under the term of this Contract. Municipality can request their preferred
frequency of invoicing upon Contract acceptance; otherwise, a monthly installment schedule
will be used. Invoices will be provided by Assessor on or before the first day of each month
and shall be paid by Municipality no later than thirty (30) days from the date of invoice. In the
event payment is not made within thirty (30) days from the date of invoice, Municipality shall
pay a late fee of seventy-five dollars ($75.00) and a processing fee of seventy-five dollars
($75.00) for each month the invoice is not paid.
C. RENEWAL ADJUSTMENTS. An increase of five percent (5%) shall be applied on an annual basis
for each year of automatic renewal after the 2031 assessment year.
D. OPTIONAL WEBSITE POSTING. The Municipality shall have the option to post assessment data
on Assessor’s public website for no additional cost.
*** Please initial yes or no to post data. ***
Yes ____ No ____
E. Additional compensation that may be due to the Assessor as a result of services provided that
are beyond the scope of this Contract will be invoiced in the month subsequent to the month
in which the services were provided.
V. SIGNATURES
08/13/2026
Mark Brown Date
President
Associated Appraisal Consultants, Inc.
Authorized Signature Date
City of Mayville
Page 18 of 28
Page 7 of 7
ADDENDUM A
ADDITIONAL SCOPE OF SERVICES
This Addendum A is now attached to and incorporated into the 2027-2031 Contract for
Maintenance Assessment Services made by and between the City of Mayville, Dodge County, State of
Wisconsin, a municipal corporation (hereafter referred to as “Municipality”) and Associated Appraisal
Consultants, Inc., with its principal office at W6237 Neubert Road, Appleton, WI 54913 (hereafter
referred to as “Assessor”).
IN CONSIDERATION of the mutual promises contained herein, the parties hereto do agree as follows:
INTERIM MARKET UPDATE REVALUATION
I. SCOPE OF SERVICES. Assessor shall perform one interim market update revaluation during the
2027 assessment year of all taxable real estate during this additional scope of services
agreement.
II. DURATION. Assessor shall complete all work on or before October 30th of the assessment year
in which the interim market update revaluation services are conducted. If unforeseen
circumstances delay the completion of work, the parties agree to cooperate in good faith to
reach an agreement on an extension of time.
III. COST OF SERVICES
This additional scope of services agreement runs simultaneously with the 2027-2031 Contract
for Maintenance Assessment Services. The Municipality shall pay the Assessor an additional
Twenty-Five Thousand Dollars ($25,000.00) for the interim market update revaluation
assessment year. Municipality shall be responsible for all costs associated with postage and
mailing services during the revaluation assessment year.
A. Monthly invoices shall reflect the percentage of work completed, less 5 percent retained
by the Municipality until completion of the revaluation and final adjournment of the
Board of Review during the revaluation year.
SIGNATURES
08/13/2026
Mark Brown Date
President
Associated Appraisal Consultants, Inc.
Authorized Signature Date
City of Mayville
Page 19 of 28
201 E. Main St | Suite 100 | Reedsburg, Wisconsin 53959
Phone: 608-524-6468 | Fax: 608-524-8218 | vierbicher.com
August 5, 2026
Julie Staffin
Mayville EMS
102 Mill Place
Mayville, WI 53050
Re
: Agreement to Provide Grant Administration Services
De
ar Julie,
V
ierbicher Associates, Inc. (Consultant) is pleased to submit this Agreement to provide Grant
Administration Services to Mayville EMS (Client). All sections included in this Agreement and the General
Terms and Conditions form the basis for this Agreement.
I
. PROJECT UNDERSTANDING
T
he Mayville EMS Department is constructing a new EMS facility. The department was awarded
an $800,000 grant under the Wisconsin Department of Administration (DOA) Non-State Grants for
Local Projects program. Additionally, the department submitted a FY27 Congressionally Directed
Spending Application for $4,000,000 to Senator Baldwin’s office. The Senator selected the
application for submission to the appropriations bill, with final award determination anticipated
as the federal budget process proceeds in the fall of 2026.
T
he Mayville EMS Department is seeking Grant Administration Services from Vierbicher for grants
awarded toward the EMS building project. The following proposal outlines services for both the
Wisconsin DOA Non-State Grant and the anticipated Congressionally Directed Spending Grant,
w
hich will likely be provided via the USDA.
I
I. SCOPE OF SERVICES
A
. General
C
onsultant shall complete grant administration as defined in the grant award contract
for the DOA Non-State Grant. The Consultant shall complete application, environmental
review, reporting, and compliance activities as defined by the Congressionally Directed
Spending Grant
B. Sp
ecific Services Provided by Consultant
1. D
OA Non-State Grant Administration Phase
a) R
eview DOA grant award documents and identify reporting and
compliance requirements.
b) A
ttend virtual kick-off meeting with DOA staff and Client.
Page 20 of 28
August 5, 2026
Page 2 of 5
c) Assist with establishing record keeping and file system as required by the
DOA program.
d) Assist with financial management as requested by the Client. It is
anticipated the Client shall be responsible for financial management
including:
(1) Setting up the grant account to receive DOA disbursements.
(2) Preparing and submitting documentation for disbursement of
funds.
(3) Processing and paying project invoices.
(4) Preparing required financial journals and financial reports.
e) Assist with Equal Opportunity compliance as required by the DOA
program.
f) Assist with preparation and submission of required reports to DOA.
g) Assist with closeout reports and coordinate closeout of the DOA Grant at
the completion of the project.
2. USDA Grant Application and Administration Phase
a) Assist the Client with finalization of the USDA grant agreement and
amendments, as applicable.
b) Coordinate Citizen Participation meeting(s), maintain and submit required
records for Citizen Participation. Attend one public hearing during the
implementation of the project.
c) Establish and maintain record keeping and file system as required by the
USDA program.
d) Complete the Environmental Review Record in accordance with the
USDA Implementation Manual. Services shall include preparation of the
environmental documents, public notices and, Request for Release of
Funds.
e) Act as the Federal Labor Standards officer for the project. Duties shall
include:
(1) Obtaining Federal Wage Rates,
(2) Assembling Federal Wage Rate documents into bidding
specifications,
(3) Monitoring wage determination changes and issuing new wage
decisions as needed during project bidding,
(4) Completing and submitting semi-annual labor standards
compliance reports,
(5) Monitoring contractor payroll reports for compliance with Davis-
Bacon requirements,
(6) Interviewing contractor employees as required by Davis-Bacon
Act,
Page 21 of 28
August 5, 2026
Page 3 of 5
(7) Completing and submitting the final Labor Standards Certification.
f) Assist with USDA acquisition/relocation compliance as applicable.
g) Manage financial records and prepare financial management journals as
required by the USDA program. Prepare and submit USDA requests for
payment and related required documentation.
h) Assist the Client with setting up the grant account to receive USDA
disbursements. Prepare and submit requests for disbursement of funds.
Coordinate payment of project invoices with other funding sources and
document matching funds.
i) Assist with Equal Opportunity compliance as required by the USDA
program.
j) Prepare and submit USDA reporting documents including semi-annual
reports, single audit statements, Section 3 Reports, Equal
Opportunity/Minority Business Enterprise/Woman Business Enterprise
(WBE/MBE) compliance reports, and Project Completion Report as
outlined in the USDA Contract.
k) Prepare and submit USDA monitoring documents and respond to
monitoring requirements.
l) Prepare and submit closeout reports and coordinate closeout of the USDA
Grant at the completion of the project.
m) Attend City Council meetings as necessary.
n) Comply with USDA regulations and policies applicable to the project.
C. Additional Services if Requested by Client
If requested by Client, Consultant is prepared to provide the following additional
services:
1. Site Design Services
NOTE: These services are not part of this Agreement. A separate Agreement or
Amendment to this Agreement will be necessary to formally contract for this work.
III. SERVICES NOT PROVIDED AS PART OF THIS PROJECT
In addition to the “Services Not Provided as Part of This Agreement” section indicated in the
attached General Terms and Conditions, the following services are not included as part of this
work.
A. Financial Advisory Services
B. Legal Services
Page 22 of 28
August 5, 2026
Page 4 of 5
IV. INFORMATION PROVIDED BY OTHERS
In order to complete our scope of services, the following information shall be provided by others:
A. DOA Grant Award Communications
B. DOA Non-State Grant Agreement
C. Correspondence with DOA since Non-State Grant Award
D. Copy of FY27 Congressionally Directed Spending Application
E. Coorespondence from Senator Baldwin’s office in CDS Application & Status
V. SCHEDULE
A. This Agreement is based upon the following anticipated schedule:
Activity Date
1. Authorization to Proceed ....................................................................... August 14, 2026
2. DOA Grant Administration .................................................... Sept 2026 – October 2027
3. CDS Grant Application & Administration ......................... Dec 2026 – November 2028
VI. SCHEDULE OF DELIVERABLES
The following deliverables shall be provided to the Client throughout the course of the project:
A. DOA NSG LURA Document
B. DOA NSG Status Form
C. DOA NSG Closeout Documents
D. Environmental Review Record
E. Financial Journals & USDA Disbursement Requests
F. Equal Opportunity Reports and Documentation
G. Federal Labor Standards Reports and Documentation
H. Semi-Annual Reports and Close-out Reports.
VII. DESIGNATION OF RESPONSIBLE PARTIES
The designated responsible parties representing the Client and Consultant, respectively, shall
have authority to transmit instructions, receive information, and render decisions relative to the
project on behalf of each respective party.
Overall coordination and project supervision for Consultant is the responsibility of Andrew R.
Kurtz, Project Manager. He, along with other personnel, shall provide the services required for the
various aspects of the project. Please direct all communications that have a substantive impact
on the project to Andy.
The Client designates Julie Staffin as its representative. Consultant shall direct all
communications that have a substantive impact on the project to that individual, and that
individual’s responses shall be binding on the Client.
Page 23 of 28
August 5, 2026
Page 5 of 5
VIII. FEES
A
. The fixed fee to provide the scope of services described herein is:
1. D
OA Non-State Grant (NSG) ................................................................................ $15,000
2. U SDA Congressionally Directed Spending .......................................................... $25,000
TOTAL .................................................... $40,000
B. T
hese fees assume that the work will be completed within the time frame set forth herein.
If significant delays to the project occur, which are not due to the negligence of the
C
onsultant including, by way of example and not limitation, decisions of the Client,
regulatory approvals, deferrals to the next construction season or calendar year, etc.,
the Consultant reserves the right to negotiate and adjust an appropriate change to the
f
ees.
I
X. GENERAL TERMS AND CONDITIONS
T
he General Terms and Conditions dated 4-1-22 and attached hereto are incorporated herein
by reference.
W
e appreciate the opportunity to work with you on this project. If this Agreement is acceptable to you,
please sign the Authorization below and return one copy to our Reedsburg office. Should you have any
questions or require any additional information, please feel free to contact me.
S
incerely,
A
ndrew R. Kurtz
Project Manager
En
closure: General Terms and Conditions
A
UTHORIZATION TO PROCEED
In
witness whereof, the parties have made and executed this Agreement as of the day and year written
below.
C
lient
Julie Staffin
Mayville EMS
102 Mill Place
Mayville, WI 53050
Date
Consultant
Andrew R Kurtz
Vierbicher Associates, Inc.
201 E. Main Street, Suite 100
Reedsburg, WI 53959
August 5, 2026
Date
©
Vierbicher Associates, Inc.
R:\Mayville_City of\260604 - EMS Grant Admin\Admin and Marketing\Agreements\Base Agreement\2026-08-05 City of Mayville Grant
Administration.docx
Page 24 of 28
Rev. 4-1-22
Page 1 of 4
(General Terms and Conditions)
VIERBICHER ASSOCIATES, INC. (CONSULTANT)
GENERAL TERMS AND CONDITIONS OF SERVICES
1. Services Not Provided as Part of This Agreement
Environmental studies, resident construction observation services,
archaeological investigations, soil borings, geotechnical
investigations, flood plain analysis, wetland delineations, public
hearing representation, easements, property descriptions or
surveys, negotiations for property rights acquisitions, and other
detailed studies or investigations, unless specifically identified in
this Agreement for Services, are not included as part of this work.
2. Hazardous Environmental Conditions
Unless specifically identified in this Agreement for Services, it is
acknowledged by both parties that Consultant’s scope of services
does not include any services related to the discovery, identification,
presence, handling, removal, transportation, or remediation at the
site, or the inspection and testing of hazardous materials, such as
asbestos, mold, lead paint, PCBs, petroleum, hazardous waste, or
radioactive materials. Client acknowledges that Consultant is
performing professional services for Client, and Consultant is not
and shall not be required to become an “arranger,” “operator,”
“generator” or “transporter” of hazardous substances as defined in
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1990 (CERCLA). Client shall defend, indemnify and
hold Consultant harmless from and against any CERCLA-based
claims.
3. Additional Services
The Scope of Services in this Agreement is intended to cover
services normally required for this type of project. However,
occasionally events occur beyond the control of the Consultant or
the Client that create a need for additional services beyond those
required for a standard agreement.
The Consultant and/or Client shall promptly and in a timely manner
bring to the attention of the other the potential need to change the
Scope of Services set forth above, necessitated by a change in the
Scope of Project, Scope of Services, or the Schedule. When a
change in the Scope of Services, Schedule, or Fees is agreed to by
the Consultant and Client, it shall be initiated by written
authorization of both parties.
4. Client’s Responsibility
A. Provide Consultant with all criteria and full information as to
Client’s requirements for the project, including design
objectives and constraints, capacity and performance
requirements, flexibility, expandability, and any budgetary
limitations; furnish previous plans, studies and other
information relevant to the project; furnish copies of all design
and construction standards which Client will require to be
included in the drawings and specifications; and furnish copies
of Client’s standard forms, and conditions, including insurance
requirements and related documents for Consultant to include
in the bidding documents, or otherwise when applicable.
B. Furnish to Consultant any other information pertinent to the
project including reports and data relative to previous designs,
or investigations at or adjacent to the site, including hazardous
environmental conditions and other data such as reports,
investigations, actions or citations.
C. Consultant shall be entitled to rely, without liability, on the
accuracy and completeness of any and all information
provided by Client, Client’s Consultants and contractors, and
information from public records, without the need for
independent verification.
D. Arrange for safe access to and make all provisions for
Consultant to enter upon public and private property as
required for Consultant to perform services under this
Agreement.
E. Examine all alternate solu tions, studies, reports, sketches,
drawings, specifications, proposals, and other documents
presented by Consultant and render timely decisions
pertaining thereto.
F. For projects involving c onstruction, attend any pre-bid
conference, bid opening, pre-construction conferences,
construction progress and other job related meetings, and
substantial completion and final payment inspections.
G. For projects invo lving construction, if more than one prime
contract is to be awarded for the work designed or specified by
Consultant, designate a person or entity to have authority and
responsibility for coordinating the activities among the various
prime contractors, and define and set forth in writing the
duties, responsibilities, and limitations of authority of such
individual or entity and the relation thereof to the duties,
responsibilities, and authority of Consultant.
H. For projects involving c onstruction, retain a qualified
contractor, licensed in the jurisdiction of the Project to
implement the construction of the Project. In the construction
contract, Client shall require Contractor to: (1) obtain
Commercial General Liability Insurance and auto liability
insurance and name Client, Consultant, and Consultant’s
employees and subconsultants as additional insureds of those
policies; and (2) indemnify and hold harmless Client,
Consultant, and Consultant’s employees and subconsultants
from and against any and all claims, damages, losses, and
expenses (“Claims”), including but not limited to reasonable
attorneys’ fees and economic or consequential damages,
arising in whole or in part out of any act or omission of the
Contractor, any subcontractor, or anyone directly or indirectly
employed by any of them.
I. If Client designates a Construc tion Manager or Contractor or
an individual or entity other than, or in addition to, Consultant
to represent Client at the site, the Client shall define and set
forth in writing the duties, responsibilities, and limitations of
authority of such other party and the relation thereof to the
duties, responsibilities, and authority of Consultant as defined
in this Agreement.
J. Provide information relati ve to all concealed conditions,
subsurface conditions, soil conditions, as-built information, and
other site boundary conditions. Consultant shall be entitled to
rely upon the accuracy and completeness of such information.
If Client does not provide such information, Consultant shall
assume that no conditions exist that will negatively affect the
Scope of Services or Project and Client will be responsible for
extra costs and/or damages resulting from the same.
5. Additional General Considerations (for projects involving
construction)
A. Consultant shall not at any time have any responsibility to
supervise, direct, or have control over any contractor’s work,
nor shall Consultant have authority over or responsibility for
the means, methods, techniques, sequences, or procedures of
construction selected or used by any contractor, for safety
precautions and programs incident to a contractor’s work
progress, nor for any failure of any contractor to comply with
laws and regulations applicable to contractor’s work.
B. Consultant neither guarantees the performance of any
contractor nor assumes responsibility for any contractor’s
failure to furnish and perform its work in accordance with the
contract between Owner and such contractor.
C. Consultant shall not be responsib le for the acts or omissions of
any contractor, subcontractor or supplier, or of any contractor’s
agents or employees or any other persons (except
Consultant’s own employees) at the project site or otherwise
furnishing or performing any of construction work; or for any
decision made on interpretations or clarifications of the
Page 25 of 28
Rev. 4-1-22
Page 2 of 4
(General Terms and Conditions)
construction contract given by Owner without consultation and
advice of Consultant.
6. Fees
A. The fees set forth in this Agreement are based on the
assumption that the work will be completed within the time
frame set forth herein. If significant delays to the project occur,
which are not due to the negligence of the Consultant, e.g.
decisions of the Client, regulatory approvals, deferrals to the
next construction season or calendar year, etc., the Consultant
reserves the right to negotiate and adjust an appropriate
change to the fees.
B. Consultant may submit invoices monthly for work completed to
date. Fixed fees will be submitted on the basis of percent of
the Scope of Services completed. Estimated fees will be
submitted on the basis of time and expense incurred in
accordance with Consultant’s fee schedule in effect at the time
the costs are incurred.
C. Invoices are due upon receipt. For invoices not paid after 30
days, interest will accrue at the rate of 1 ½% per month.
Payments will be credited first to interest and then to principal.
In the event any portion of the account remains unpaid after 90
days after the billing, Consultant may initiate collection action
and the Client shall be responsible for all costs of collection,
including reasonable attorneys’ fees. As a matter of business
practice, Consultant would intend to file lien rights against the
property if payment is not received before lien rights would
expire. Consultant shall have the right to suspend its services
without any liability arising out of or related to such suspension
in the event invoices are not paid within 30 days of receipt.
D. When estimates of fees or expenses are quoted, they are
simply that, estimates. Actual costs invoiced may be higher or
lower due to actual fees or expenses incurred. When fees or
expenses are anticipated to be higher or lower than estimated,
Consultant shall make every effort to inform Client in a timely
manner, even prior to incurring the costs, if possible.
E. Consultant will bill additional services, if requested, in
accordance with the fee schedule in effect at the time the work
is performed or as otherwise negotiated.
7. Sales Tax for Landscape Design Services
State and local sales tax will be applied to projects for Landscape
Design Services, where applicable. The sales tax will be reflected
on regular Client invoices. Should sales tax be imposed, they shall
be in addition to Consultant’s agreed upon compensation.
Those services subject to the sales tax will be identified in the
Agreement and on invoices sent to the Client.
Applicable sales tax will not be applied to projects for Landscape
Design Services if the Client provides a Tax Exempt Certificate.
8. Dispute Resolution
In the event a dispute shall develop between the Client and the
Consultant arising out of or related to this Agreement, the Client and
Consultant agree to use the following process to resolve the
dispute:
A. The Client and Consultant agree to first negotiate all disputes
between them in good faith for a period of at least 30 days
from notice first being served in writing to the Client or
Consultant of the dispute.
B. If the Client and Consultant ar e unable to resolve the dispute
by negotiation as described above, the Client and Consultant
agree to submit the dispute to non-binding mediation. Such
mediation shall be conducted in accordance with Construction
Industry Dispute Resolution procedures of the American
Arbitration Association.
C. If the Client and Consultant ar e unable to resolve the dispute
by negotiation or by mediation, they are free to utilize whatever
other legal remedies are available to settle the dispute subject
to the “Controlling Laws” section of these General Terms and
Conditions located below.
9. Insurance
A. Consultant
Consultant maintains general liability and property insurance;
vehicle liability; and workers’ compensation coverage meeting
state and federal mandates. Consultant also carries
professional liability insurance. Certificates of Insurance will be
provided upon written request.
B. Client
The Client shall procure and maintain, at its expense, general
liability, property insurance and, if appropriate, workers’
compensation and builders risk insurance. Client waives all
claims against the Consultant arising out of losses or damages
to the extent such losses or damages are covered by the
foregoing insurance policies maintained by the Client.
C. Contractor
For projects involving construction, Contractor shall procure,
as directed by the Client and/or as provided in the
specifications or general conditions of the contract for
construction, Certificates of Insurance for the type and
amounts as directed by the Client, and shall require the
Contractor to name the Client and Consultant as an additional
insured under the Contractor’s general and auto liability
policies as defined in 4.H. above.
10. Limitations of Liability/Indemnity
A. Definitions:
1) Contract Administration. Contract Administration includes
services related to construction as outlined in the
Agreement. These services may include Construction
Staking, Construction Observation, and/or Administration
of the Construction Contract between the Owner and
Contractor.
2) Construction Documents. Documents (plans, and/or
specifications) conveying a design intent, used by a
qualified, capable Contractor for construction of a project.
B. Limitation of Liability
In recognition of the relative risks, rewards and benefits of
different types of projects to both the Client and Consultant,
the risks have been allocated such that the Client agrees to
the following depending upon the services outlined in the
Agreement.
1) For Agreements that include Contract Administration or
the development of construction documents with Contract
Administration:
The Consultant, Consultant’s subconsultants (if any), and
their agents or employees shall not be jointly, severally,
or individually liable to Client for any and all injuries,
damages, claims, losses or expenses arising out of this
Agreement from any cause or causes in excess of the
available limits of Consultant’s professional liability
insurance policy. Such causes include, but are not limited
to, Consultant’s negligence, errors, omissions, strict
liability, or breach of Agreement.
2) For Agreements that include the development of
construction documents but do not include Contract
Administration services as outlined in the Agreement:
Page 26 of 28
Rev. 4-1-22
Page 3 of 4
(General Terms and Conditions)
The Consultant, Consultant’s subconsultants (if any), and
their agents or employees shall not be jointly, severally,
or individually liable to Client for any and all injuries,
damages, claims, losses or expenses arising out of this
Agreement from any cause or causes in excess of five
times the fee received by the Consultant, not including
reimbursable subconsultant fees and expenses, or the
available limits of Consultant’s professional liability
insurance policy, whichever is less. Such causes include,
but are not limited to, Consultant’s negligence, errors,
omissions, strict liability or breach of Agreement.
3) For Agreements that do not include the development of
construction documents or Contract Administration
services as outlined in the Agreement:
The Consultant, Consultant’s subconsultants (if any), and
their agents or employees shall not be jointly, severally,
or individually liable to Client for any and all injuries,
damages, claims, losses or expenses arising out of this
Agreement from any cause or causes in excess of two
times the fee received by the Consultant, not including
reimbursable subconsultant fees and expenses, or the
available limits of Consultant’s professional liability
insurance policy, whichever is less. Such causes include,
but are not limited to, Consultant’s negligence, errors,
omissions, strict liability or breach of Agreement.
C. Client and Consultant each agree to indemnify and hold the
other harmless, and their respective officers and employees
from and against liability for losses, damages and expenses,
including reasonable attorneys’ fees recoverable under
applicable law, to the extent they are caused by the
indemnifying party’s negligent acts, errors or omissions. In the
event claims, losses, damages or expenses are caused by the
joint or concurrent negligence of Client and Consultant, they
shall be borne by each party in proportion to its negligence
(whether sole, concurrent, or contributory). Neither Client nor
Consultant shall have a duty to provide the other an up-front
defense of any claim.
D. Nothing in this Agreement shall be construed to create,
impose, or give rise to any duty owed by Client or Consultant
to any contractor, subcontractor, supplier, other individual or
entity, or to any surety for or employee or any of them.
All duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of Client
and Consultant and not for the benefit of any other party.
11. Betterment
If any item or component of the Project is required due to the
omission from the construction documents, Consultant’s liability
shall be limited to the reasonable costs of correction of the
construction, less the cost to Client if the omitted component had
been initially included in the contract documents. All costs of errors,
omissions, or other changes that result in betterment to the Project
shall be borne by Client and shall not be a basis of claim against
Consultant. It is intended by this provision that Consultant will not
be responsible for any cost or expense that provides betterment,
upgrade, added value, or enhancement of the Project.
12. Use of Documents
All documents prepared or furnished by Consultant pursuant to this
Agreement are instruments of Consultant’s professional service,
and Consultant shall retain all ownership and property interest
therein, including all copyrights. Consultant grants Client a license
to use instruments of Consultant’s professional service for the
purpose of planning, constructing, occupying or maintaining the
project or as otherwise intended. Reuse or modification of any such
documents by Client, without Consultant’s written permission and
professional involvement in the applicable reuse or modification,
shall be at Client’s sole risk, and Client agrees to waive all claims
against and defend, indemnify and hold Consultant harmless from
all claims, damages and expenses, including attorneys’ fees, arising
out of such reuse by Client or by others acting through Client.
13. Survey Stakes for Construction (for projects involving
construction)
Stakes placed by Consultant for use by the Contractor shall only be
used for the specific purpose indicated. Any use of stakes by the
Client for purposes other than indicated and/or communicated by
the Consultant, without Consultant’s written permission, shall be at
Client’s sole risk, and Client agrees to indemnify and hold
Consultant harmless for all claims, damages and expense, including
attorneys’ fees, arising out of such unauthorized use by Client or
others acting through Client.
14. Use of Electronic Media
Copies of documents that may be relied upon by Client are limited
to the printed copies (also known as hard copies) that are signed or
sealed by Consultant except for electronic copies of documents
available for printing by contractors during bidding and/or
construction from QuestCDN.com or as specified in this Agreement
for Services or as specifically indicated in writing by Consultant.
Files in electronic formats, or other types of information furnished by
Consultant to Client such as text, data or graphics, are only for
convenience of Client. Any conclusion or information obtained or
derived from such electronic files will be at the user’s sole risk.
When transferring documents in electronic formats, Consultant
makes no representations as to long-term compatibility, usability, or
readability of documents resulting from the use of software
application packages, operating systems or computer hardware
differing from those in use by Consultant at the beginning of the
project.
15. Opinions of Cost
When included in Consultant’s scope of services, opinions or
estimates of probable construction cost are prepared on the basis of
Consultant’s experience and qualifications and represent
Consultant’s judgment as a professional generally familiar with the
industry. However, since Consultant has no control over the cost of
labor, materials, equipment or services furnished by others, over
contractor’s methods of determining prices, or over competitive
bidding or market conditions, Consultant cannot and does not
warrant or guarantee that proposals, bids, or the actual construction
cost will not vary from Consultant’s opinions or estimates of
probable construction cost.
16. Approvals
Client acknowledges that the approval process necessary to
estimate or maintain a project timeline is both unpredictable and
outside the Consultant’s control. Consultant does not guarantee
reviews or approvals by any governing authority or outside agency,
nor the ability to achieve or maintain any project timeline.
17. Certifications
Consultant shall not be required to sign any documents, no matter
by whom requested, that would result in Consultant’s having to
certify, quantity, or warrant the existence of conditions that
Consultant cannot ascertain or otherwise represent information or
knowledge inconsistent with Consultant’s scope of services for the
Project.
18. Third Parties
Nothing contained in this Agreement shall create a contractual
relationship with, or a cause of action in favor of, a third party
against either the Client or Consultant. Consultant’s services
hereunder are being performed solely for the benefit of the Client,
and no other entity shall have any claims against Consultant
because of this Agreement or Consultant’s performance of services
hereunder.
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Rev. 4-1-22
Page 4 of 4
(General Terms and Conditions)
19. No Express or Implied Warranty
Consultant makes no representation nor does consultant extend
any warranty of any kind, either express or implied, to client with
respect to this agreement or the project and hereby disclaims all
implied warranties of merchantability, fitness for a particular
purpose, or noninfringement of the intellectual property rights of
third parties with respect to any and all of the foregoing.
20. Damages Waiver
In no event shall consultant be liable to client, or anyone, for any
consequential, incidental, indirect, special, punitive, or exemplary
damages including, without limitation, loss of use, lost income, lost
profits, loss of reputation, unrealized savings, diminution in property
value, cost of replacement, business or goodwill, suffered or
incurred by such other party in connection with the this agreement
or the project, arising out of any and all claims including, but not
limited to, tort, strict liability, statutory, breach of contract, and
breach of express and implied warranty claims (should it be
determined that such warranty claims survive the disclaimers set
forth in this agreement).
21. Standard of Care
The Standard of Care for all professional services performed or
furnished by Consultant under this Agreement shall be the skill and
care used by members of Consultant’s profession practicing under
similar circumstances or similar scope of services at the same time
and in the same locality.
22. Termination
The obligation to provide further services under this Agreement may
be terminated:
A. For Cause
1) By either party upon 30 days written notice in the event of
substantial failure by the other party to perform in
accordance with the terms hereof, through no fault of the
terminating party. The failing party shall have the right,
within 30 days, to correct or remedy the cited failures.
2) By Consultant
a) Upon seven days written notice if Consultant
believes that he is being requested by Client to
furnish or perform services contrary to Consultant’s
responsibilities as a licensed professional.
Consultant shall have no liability to Client on account
of such termination.
b) Upon seven days written notice if the Consultant’s
services for the project are delayed or suspended for
more than 90 days for reasons beyond Consultant’s
control.
c) Upon seven days written notice if the Client has
failed to pay for previous services rendered and/or if
his account is more than 60 days past due.
B. To Discontinue Project
By Client effective upon the receipt of notice by Consultant.
C. Reimbursement for Services
Consultant shall be reimbursed for all services and expenses
rightfully incurred prior to termination.
23. Force Majeure/Project Schedule
Neither party shall be deemed in default of this Agreement to the
extent that any delay or failure in the performance of its obligations
results from any cause beyond its reasonable control and without its
negligence. . In the event Consultant is hindered, delayed, or
prevented from performing its obligations under this Agreement as a
result of any cause beyond its reasonable control, including but not
limited to delays due to power or data system outages, acts of
nature, public health emergencies including but not limited to
infectious disease outbreaks and pandemics, governmental orders
or directives, failure of any governmental or other regulatory
authority to act in a timely manner, failure of the Client to furnish
timely information or approve or review Consultant’s services or
design documents, or delays caused by faulty performance by
Client’s contractors or consultants, the time for completion of
Consultant’s services shall be extended by the period of resulting
delay and compensation equitably adjusted. Client agrees that
Consultant shall not be responsible for damages, nor shall the
Consultant be deemed in default of this Agreement due to such
delays.
24. Successors, Assigns and Beneficiaries
A. Client and Consultant each is hereby bound and the partners,
successors, executors, administrators and legal
representatives of Client and Consultant are hereby bound to
the other party by this Agreement and to the partners,
successors, executors, administrators and legal
representatives (and said assigns) of such other party, in
respect of all covenants, agreements and obligations of this
Agreement.
B. Neither Client nor Consultant may assign, sublet, or transfer
any rights under or interest (including, but without limitation,
moneys that are due or may become due) in this Agreement
without the written consent of the other, except to the extent
that any assignment, subletting, or transfer is mandated or
restricted by law. Unless specifically stated to the contrary in
any written consent to an assignment, no assignment will
release or discharge the assignor from any duty of responsibility
under this Agreement.
25. Municipal Financial Advisor Services
The Consultant is not registered with the Securities and Exchange
Commission as a municipal advisor. Consultant does not perform
municipal advisory services (as covered under the Dodd-Frank Wall
Street Reform and Consumer Protection Act, signed into law on
July 21, 2010, as it relates to financial products and services). In the
event Client desires such services, it is the Client’s responsibility to
retain an independent registered advisor for that purpose.
26. Controlling Laws
This Agreement is to be governed by the laws of the state in which
the project is located and in force at the time of completion of
deliverables.
27. Entire Agreement
These General Terms and Conditions and the accompanying
Agreement constitute the full and complete Agreement between
Client and Consultant and supersedes all prior understandings and
agreements between the parties and may be changed, amended,
added to, superseded, or waived only if Client and Consultant
specifically agree in writing to such amendment of the Agreement.
There are no promises, agreements, conditions, undertakings,
warranties, or representations, oral or written, express or implied,
between the parties other than as set forth in these General Terms
and Conditions and accompanying Agreement. In the event of any
inconsistency between these General Terms and Conditions, the
proposal, Agreement, purchase order, requisition, notice to
proceed, or like document, these General Term and Conditions
shall govern.
28. Authority
The person signing the accompanying agreement acknowledges that
if the person is signing in a ca pacity other than individually, the
execution and delivery of this document has been duly authorized
and the member, owner, officer, partner or other representative who
is executing this document have the full power, authority and right to
do so, and that such execution is sufficient and legally binding on the
entity on whose behalf this document is signed, to enable the
document to be enforceable in accord with its terms.
Page 28 of 28
Source: City of Mayville website. First collected Oct 15, 2026.