PROFESSIONAL SERVICES AGREEMENT BETWEEN

KENOSHA COUNTY AND [COMPANY] FOR BUILDING INSPECTION SERVICES

This Professional Services Agreement (“Agreement”) for Building Inspection Services, is entered into by and between the County of Kenosha, Wisconsin (“County”) and [COMPANY] (“Contractor”). The

County and [COMPANY] shall be jointly referred to as the Parties.

RECITALS

WHEREAS, the County is seeking to appoint and retain the Contractor to provide building inspection services for the County and to perform the services as more specifically detailed below;

NOW, THEREFORE, for good and valuable consideration, the County and Contractor agree as follows:

This document and Addendum A, (Ethics Addendum) constitute the entire agreement.

1. DEFINITIONS.

A. “Confidential Information” means all information as listed on the County’s form

“DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION”. If claiming Confidential and Proprietary information, Contractor must obtain said form from the County and incorporate into this contract.

B. “Contractor” means [COMPANY]

C. “The County”, “County” means Kenosha County.

D. “Project Services” means those services provided by Contractor and, to the extent ap-plicable, subcontractors and consultants of Contractor, which are described in any State-ment of Work.

E. “Statement of Work” means each Statement of Work attached hereto, signed by both parties and describing any Project Services, each of which shall be deemed to be a part of this Agreement and subject to its terms and conditions.

2. SCOPE OF SERVICES.

Contractor will provide services, during the term of this agreement, to to the County as follows:

A. Maintain all required certifications in the disciplines of residential and commercial con-struction, plumbing, electrical, energy conservation and heating, ventilating and air conditioning. Proof of current certifications shall be provided to the County prior to contract execution and upon renewal.

B. Provide high-quality customers service to residents, business owners, contractors, and Township/Village/County staff.

C. During the term of this Agreement, the Contractor is free to work for other munici-palities, or any other entity, requiring similar services as those provided for in this

Agreement if conditions of the contract are met.

D. The Contractor is responsible to provide all tools, supplies, and materials re-quired to provide the services referenced in this Agreement, apart from County stationery as referenced in section 6.0 COUNTY OBLIGATIONS of this Agree-ment.

E. The Contractor is free to determine the means and method of providing the ser-vices described in this Agreement, subject only to the applicable state of Wiscon-sin statutes and local ordinances governing the work performed by all building inspectors.

F. The Contractor has been in the business of providing the types of services de-scribed in this Agreement for several years.

G. The Contractor is retained by the County for the purposes of administering and enforcing the various Municipal building codes and to ensure that the Municipali-ties maintain compliance with the state of Wisconsin Uniform Dwelling Code

(UDC).

H. Contractor will review and issue a building permit for:

a.) all new buildings, structures, and additions thereto;

b.) wrecking or razing, c.) moving of a building, and/or d.) occupancy of new structures or changes of use, consistent with provisions of the Municipal building codes.

In providing such services, Contractor will ensure that all permits are complete and accurate prior to issuance. The Contractor shall inform the applicant of the availability of the approved permit.

I. Appointments for inspections will be made through the Planning & Development Di-vision of the Department of Public Works & Development Services. The Service Pro-vider will pick up all permit documentation for inspections at the Kenosha County

Center and return documentation to the building with required inspection form.

J. The Contractor will conduct inspections for all building permits issued. The num-ber of inspections for each building permit issued will be determined by the Con-tractor based on the nature of the project in question and in conformity with ac-ceptable building inspection standards, e.g., new home construction may require

6 to 9 inspection visits whereas a small project, such as a deck, may require only one or two visits by the Contractor.

K. Review building and site plans and conduct all necessary and required building, elec-trical, plumbing, and HVAC inspections on residential and commercial construction within the Townships of Paris and Brighton and the Village of Salem Lakes. These include footings, foundations, basement floors, site erosion control and temporary/fi-nal occupancies. The expected average response times for plan review is the initial review to be completed within 5 business days.

L. Require familiarity with or willingness to use County’s permitting software for sched-uling, inspections and reporting.

M. Electronic recordkeeping and secure data storage shall be in compliance with Wis-consin public records law and Kenosha County retention policy.

N. Perform field inspections (within 24 hours of requested inspection, but in no instance more than 48 hours later than the requested inspection, not including weekends and

County recognized holidays), including but not limited to:

. Footings

. Foundation

. Basement Floor

. Erosion Control

. Construction inspections (rough)

. Plumbing inspections (rough)

. Heating, ventilating and air condition inspections (rough)

. Electrical inspections (rough)

. Final inspections for construction, plumbing, heating, ventilating, air condition-ing, electrical, and insulation

. All necessary inspections for permitted activities including but not limited to decks, swimming pools, fences, signs, accessory buildings, and residen-tial/commercial alterations and additions

. Inspections necessary for the issuance of occupancy permits

O. As needed, the Contractor will consult with the requestor of a building permit to resolve any conflicts and obtain any information needed prior to the issuance of a building permit. The Contractor is expected to take all reasonable actions needed prior to issuance of the permit to ensure that the proposed construction meets all applicable building codes.

P. Process building permits application, calculate building permit fees and issue permits.

Q. The Contractor will maintain a written, up-to-date record of all building permits issued and an accurate record of each inspection for each permit issued, includ-ing any applicable notes. The issuance of Certificates of Occupancy will be pro-vided to the property owner in a timely manner consistent with the Municipal building codes.

R. The Contractor will accurately and on a monthly basis file all building permit re-lated records with the appropriate state agency.

S. The Contractor may revoke permits issued, or issue a stop work order, as pro-vided for in the Municipal building codes.

T. The Contractor will provide the County’s Planning and Development Department with a monthly report summarizing the issuance of building permits. Said report will include, at a minimum, the following information:

. Number of permits issued by type

. Number of permits issued by Municipality

. Cost of each permit issued by type

. Total dollars billed by permit type and Municipality

. The County may develop / utilize an electronic billing system to track this information and allow the Contractor to utilize this system for infor-mation reporting and analysis purposes.

U. The Contractor will provide the County and Municipalities with periodic recom-mendations for changes to Municipal building ordinances. Contractor will inform the County and the Municipalities of the need for changes to their building codes whenever the state of Wisconsin changes the UDC statute, thereby necessitating a change in these building codes.

. When acting within the scope of this Agreement necessitating written cor-respondence, the Contractor will prepare and issue such correspond-ence, copying the County’s Planning and Development Department and/or the County’s Corporation Counsel on such correspondence as ap-propriate.

V. Contractor shall designate in writing to the County, and always keep current, an alternate available licensed building inspector to act in Contractor’s absence to carry out duties in this Agreement. Contact information for this alternate is to be provided to the County. Contractor shall reach out to the alternate for coverage when Contractor is not available to fulfill its duties.

W. The Contractor is required to carry all personal, business, workers compensation, social security, unemployment compensation, and liability insurance. Contractor will provide the County with a Certificate of insurance showing all coverages with a minimum of one million dollars ($1,000,000) of general liability and one million dollars ($1,000,000) of errors and omissions coverage.

X. The Contractor is free to establish the hours of work as long as these hours include the following:

. Contractor will be available for County staff and/or residents in per-son or via phone during normal business hours which are 8:00 AM to 4:00 PM. The Contractor will provide the County with a phone number reachable during these hours.

. Contractor shall maintain at least four (4) public office hours per week at the Kenosha County Center on at least two different days.

All efforts will be made to schedule these in person visits in ad-vance.

. The Contractor shall perform inspections within 24 hours of re-quest whenever possible, but in no case later than 48 hours, ex-cluding weekends and County-recognized holidays.

. The Contractor shall ensure backup personnel are available to avoid delays due to illness, vacation or other absences.

Y. The Contractor will respond to or initiate investigations related to alleged zoning violations to ensure compliance with the County’s Municipal Code applicable to the matter in question. When appropriate and warranted, the

Contractor is authorized to initiate the involvement of other County per-sonnel or state agencies in the investigation and resolution of alleged zon-ing violations.

. will investigate, research, and take appropriate action to resolve alleged zoning regulation violations. Such alleged violations may include, but are not limited to, matters relating to: signage, fences, retaining walls, home occupation permits, setback requirements, and any other matters specifically identified in the applicable Chapters of the County Municipal Code.

. When authorized by specific provisions within the County Municipal Code, and when in the judgment of the Contractor other attempts and means to bring a violation into conformance have not been successful, the Contrac-tor may issue fines as provided for in the County Municipal Code.

. Notify the Director of Planning & development of possible code enforce-ment violations and support the resolution thereof.

Z. Furnish a telephone number to the County for public dissemination where the In-spector may be contacted by County officials/citizens regarding his/her duties out-side of regular office hours.

AA. Attend monthly coordination meetings with the Director of Planning and Develop-ment.

BB. Ensure contractors and the public are informed of any new building code changes, ordinance updates or general information.

CC. Provide Administration functions including:

. Assisting with maintaining records of all permits issued, inspected, performed, ap-proved or other official actions.

. Provide a weekly summary of permits issues, inspections performed, work ap-proved and other official actions in an electronic format to the Planning & Devel-opment Director and Director of Public Works and Development Services.

. Provide monthly performance reports summarizing inspection volumes, turna-round times and any outstanding issues. This report should be provided electron-ically to the Planning & Development Director and Director of Public Works and

Development Services.

. Maintaining availability to the public and County staff by telephone, email and other means during normal business hours to promptly respond to inquires and provide and receive information (within 24 hours of inquiry, but in no instance more than 48 hours later)

. Establish a consistent presence at the Kenosha County Center building with at least four (4) public office hours per week, which shall include hours on at least two (2) different days.

. Attending meetings as needed (including evening meetings) with the appropriate

Township/Village/County elected/appointed officials and County staff to coordi-nate issues related to building/development plans.

. Coordinating with xxxx review of required fire suppression and alarm plans.

. Collecting and processing permit fees with the assistance of County staff. Calcu-lating permit fees, while the County staff enters and processes payment.

. Develop recommendations regarding building code amendments, building permit fee structures and permit forms; proposing solutions to any issues encountered in the administration of the Township/Villages/County building and zoning codes.

. Obtain hard copy or electronic access to all adopted building codes and amend-ments or updates that are required to be administered.

. Assist the County Corporation Counsel with responding to requests for infor-mation under Wisconsin Open Records Laws.

DD. Assist County staff with inquiries.

3. PERFORMANCE EVALUATION

The Contractor’s performance shall be evaluated by the County in accordance with Exhibit B –

Performance Evaluation and Review Policy, which is attached hereto and incorporated herein:

i. Failure to meet minimum performance standards may result in issuance of a Written No-tice of Deficiency and require a Performance Improvement Plan (PIP).

ii. Continued underperformance may lead to probation, suspension, or termination for cause as provided in Section 13 TERMINATION.

4. CUSTOMER SERVICE AND COMPLAINTS

The Contractor shall adhere to the Complaint Resolution Process attached as Exhibit C – Com-plaint Resolution Process, ensuring prompt acknowledgement, investigation and resolution from residents, contractors or staff.

5. CHANGES TO SCOPE OF SERVICES.

Any changes to services that are mutually agreed upon between the County and Contractor shall be made in writing which shall specifically designate any changes in compensation for the services and be made as a signed and fully executed amendment to the Agreement.

6. STATUS OF RELATIONSHIP BETWEEN THE COUNTY AND CONTRACTOR

While performing the services specified in this Agreement, the Contractor is an agent of the

County, having delegated the responsibility for the administration and enforcement of the vari-ous Municipalities’ building codes to the Contractor. Said responsibility is delegated to the

Contractor by the County to enable the Municipalities to comply with Wisconsin Statutes

101.65 and 101.76. The Municipalities have adopted the Uniform Dwelling Code into their or-dinances.

7. COMPENSATION.

A. The County agrees to pay the Contractor ___ (__%) of all permit fees collected by the Contractor for providing the above services referenced in this Agreement based on the Fee Schedule, Schedule A.

B. All expenses incurred by the Contractor to provide the services described in this

Agreement will be paid by the Contractor.

8. COUNTY OBLIGATIONS.

A. The County shall provide storage cabinets and space for maintaining all relevant documents related to the issuance of building permits and/or related materials at the

Kenosha County Center.

B. The County shall provide office space for the Contractor at the Kenosha County Center during normal business hours, and after normal business hours when pre-arranged, to meet with affected people associated with the issuance of a building permit.

C. The County shall provide the Contractor with a supply of County stationery as needed.

Even though the County agrees to provide certain administrative support to the

Contractor, it is understood and agreed to by the parties that the Contractor is uniquely and solely responsible for all administration and enforcement of the Municipal building codes.

D. The County will determine the various building permit fees and incorporate the same in the established fee schedule as shown in Addendum A which is attached and incorporated as a part of this agreement. Collection of building related permit fees will be performed by the County. The Municipalities will provide the Contractor with the state required building seal.

9. BILLING AND PAYMENT PROCEDURE.

Contractor will invoice the County on a monthly basis and provide all supporting documentation.

All payments are due to Contractor within thirty days of the invoice date. The County may request additional information before approving the invoice. If additional information is requested, the

County shall submit payment within thirty days of the resolution of any dispute. All charges shall be separated by the municipality, township or village where work is performed. Contractor shall provide Kenosha County with itemized billings which shall include, but not be limited to, the fol-lowing:

• Dates and hours worked.

• Specific tasks performed.

• Draft of final form documents of the work produced.

The Contractor agrees to cooperate fully with the County in preparing an annual budget for the

County’s Planning and Development Department and agrees to cooperate in all ways necessary to effectuate a smooth and orderly process of all financial matters regarding this Agreement.

Nothing contained herein shall prevent the County from withholding payment of any part of a ques-tionable billing, or prevent the County from recovering any expenses incurred by the County as a result of non-performance by the Contractor, or recovering any payment subsequently determined to be inappropriate.

10. CONTINUITY OF OPERATIONS

The contractor shall maintain sufficient staffing, resources, and contingency plans to ensure the uninterrupted delivery of building inspections services required under this agreement. The

Contractor is required to submit a Continuity of Operations Plan that covers the following items:

i. Backup personnel and Coverage

. Contractor shall identify qualified backup inspectors who are certified and and capable of performing services in the event of illness, vacation, emergencies or high-demand periods.

. Backup personnel shall meet all minimum qualifications and certification requirements set forth in this Agreement.

. The County shall be notified in writing of the designated backup personnel and any changes thereto.

ii. Emergency Response and Service Disruptions

. Contractor shall develop and maintain a Continuity of Operations Plan (COOP) detailing how essential services will be maintained during unforeseen events, including but not limited to:

. Illness or incapacity of the primary inspector

. Extended absences

. Natural disasters or severe weather events

. IT or communication failures, not related to County, affecting scheduling and reporting

. The COOP shall include communication protocols, staffing reassignments, and alternative inspection scheduling procedures to minimize service delays.

iii. Notice of Service Interruptions

. In the event of an anticipated service disruption, Contractor shall provide the County with at least 24 hours written notice detailing:

. Nature of disruption

. Expected Duration

. Interim measures being implemented to maintain service levels

iv. County’s Right to Mitigate Service Gaps - If the Contractor is unable to maintain continuity of operations, the County reserves the right to secure alternative inspection services temporarily or permanently, to ensure compliance with County obligations and avoid disruption to residents or contractors, Contractor waives any claim to permit revenues during that time.

v. Annual Review of Continuity Plan – The contractor shall review and update the COOP annually and provide an updated copy to the County upon request.

11. ENTIRE AGREEMENT.

This Agreement, along with Addendum A – Ethics Compliance Agreement (Attachment A) and any subsequently issued change orders, task orders, or additional Scopes of Work, shall constitute the entire agreement. Wherever the terms and conditions of any addendum, change order, task order or additional Scope of Work are in conflict with this agreement, the agreement shall prevail.

Any change orders, task orders, or additional Scopes of Work must be signed by a duly authorized representative of Kenosha County prior to the commencement of any work.

12. TERM.

This Agreement is for the period January 1, 2026 through December 31, 2026. This agreement shall renew for one-year term mutually agreed to by both parties.

13. TERMINATION.

A. Either Party may terminate this Agreement upon sixty days written notice with or without cause. In case of such termination, Contractor shall be entitled to receive payment for work completed up to and including the date of termination, within thirty days of the termination.

B. County may terminate this agreement immediately for cause upon notice if the Contractor.

. Fails to maintain required certifications or insurance

. Repeatedly underperforms per Exhibit B and Section 3 Performance Evaluation of this contract.

. Breaches any material term of this Agreement

C. Non-Appropriation of Funds. Kenosha County states that it is our intent to make all payments required to be made under this Agreement. However, in the event Kenosha

County’s legislative body, the Kenosha County Board of Supervisors, does not appropriate funds for the continuation of the Agreement for any fiscal year after the first fiscal year, and it has no funds to continue the Agreement from other sources, said agreement will be terminated without damages or cost for such termination.

When the County terminates the Services in accordance with this clause of this agreement, Contractor shall take the actions set forth herein. Unless the County directs otherwise, after receipt of a written notice of termination, Contractor shall promptly (a) stop performing Services on the date and as specified in the notice of termination; (b) place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Services that is not terminated; (c) cancel orders and subcontracts, upon terms acceptable to the County, to the extent that they relate to the performance of Services terminated; (d) assign to the County all of the right, title, and interest of

Contractor in all orders and subcontracts related to Services which shall continue; (e) deliver completed work to the County and take such action as may be necessary or as directed by the

County to preserve and protect the work, work site, and any other property related to the Services in the possession of Contractor in which the County has an interest; (f) continue performance only to the extent not terminated, and (g) return any County owned property, materials and supplies in Contractor’s possession, including any keys or access cards to any the County facility.

14. PERFORMANCE STANDARDS.

Contractor shall use that degree of care, skill, and professionalism ordinarily exercised under similar circumstances by members of the same profession practicing or performing substantially same or similar services. Contractor represents to the County that they possesses the skills, knowledge, and abilities to competently, timely, and professionally perform the services called for in this Agreement. Contractor shall perform all duties under this contract and will not assign them to an employee or sub-contractor.

15. ASSIGNMENT.

Neither Party shall assign all or part of the rights, duties, and obligations, nor benefits set forth in this Agreement to another entity without the approval of both Parties; consent shall not be unreasonably withheld.

A. The Contractor may subcontract services contained in this Agreement but only to a similarly licensed UDC inspector and with the advance written approval of the

County.

B. Inspection coverage in the event of absence by the Contractor.

i. The Contractor is required to inform the County’s Planning and Develop-ment Department Director whenever the Contractor will not be available to provide the services described herein for any period of one business days or more.

ii. When the Contractor is unavailable to provide the services described herein for two consecutive business days or more, and assuming an in-spector’s services are required during such absence, it shall be the option of the County to use another, similarly licensed building inspector, who may be referred by the Contractor or chosen by the County and said alternate inspector shall be paid by the County and no further compensation will be owed to the Contractor.

iii. The Contractor is required to let any person requesting services that they will be out of the office for a specified length of time.

16. INDEPENDENT CONTRACTOR.

Contractor is an independent contractor, and neither Contractor, nor any employee or agent thereof, shall be deemed for any reason to be an employee of the County. As Contractor is an independent contractor, the County shall have no liability or responsibility for any direct payment of any salaries, wages, payroll taxes, and all other forms of compensation or benefits to any personnel performing services for the County under this Agreement. Contractor shall be solely responsible for all compensation, benefits, insurance and employment-related rights of any person providing services hereunder during the course of or arising or accruing as a result of any employment, whether past or present, with Contractor, as well as all legal costs including attorney fees incurred in the defense of any conflict or legal action resulting from such employment.

17. OWNERSHIP OF DOCUMENTS.

A. The County shall retain ownership of all work product and deliverables created by Con-tractor pursuant to this Agreement. The County and its duly authorized representatives shall have access to any books, documents, papers and records of Contractor that are related to this Agreement for the purpose of audit or examination, other than Contractor’s financial records, and may make excerpts and transcriptions of the same. Contractor agrees to comply with open records requests as required under Wisconsin Record Law. It is the intention of Kenosha County to maintain an open and public process in the solicita-tion, submission, review, and approval of contracts.

B. The Parties acknowledge that Kenosha County is a municipal corporation legally bound to comply with the Wisconsin Public Records Law and Open Meetings Law (see sections

19.32-19.39 & 19.81-19.98, Wis. Statutes) and that, unless otherwise clearly allowed by law to be an exception to the Public Record Law and confidential, all aspects of this agree-ment are subject to open disclosure and are a matter of public record. It is further agreed to that neither party will take any action to obstruct the operation of these laws. To comply with any request under said Public Record Law, the provider/contractor herein shall pro-duce copies of all materials gathered or produced or modified pursuant to this contract to

Kenosha County, in their original (i.e., electronic or digital, etc.) format at actual cost of reproduction, without profit. According to Wisconsin caselaw, even if records are created or maintained by, or in the custody of, the provider as an independent contractor, they, along with the raw data used to create the record, are nevertheless public records that must be made available to the public within a reasonable time and without delay upon request by any person, and in the format in which they were created. Provider/contractor agrees to hold Kenosha County, its agents, officials and employees harmless and to in-demnify them and Kenosha County for all costs, fees, including all reasonable attorney fees and expense of all kinds, and any judgments, orders, injunctions, writs of mandamus, and damages or expense of whatever kind for which Kenosha County or it agents , officials or employees may expend or be held liable due to the Provider/contractor ’s failure to comply with the Wisconsin Public Records and Open Meetings laws, or with this agree-ment.

C. Any Public Record Law request received directly by a contractor related to this contract with Kenosha County shall immediately be reported to the contract manager for the

County.

D. Any information, records, documents, or other materials provided to Kenosha County by

Contractor that Contractor claims as confidential trade secrets and, therefore, exempt from

Public Record Law must be clearly defined on the attached form “DESIGNATION OF

CONFIDENTIAL AND PROPRIETARY INFORMATION” and submitted to the project manager (or his designee) named in Paragraph 15 of this document.

18. NETWORK ACCESS

A. [Company] Access: If the County provides [Company] with access to the County’s com-puter network (the “Network”) and they are issued one or more Network identifications

(“Network IDs”) and passwords in connection therewith, Contractor agrees that they will be bound by the provisions of this section (“Network Access”)

B. Agreement for Network Access: Contractor agrees that those who are given access to the Network shall acknowledge the County’s agreement for third party access to the Net-work through a signed written agreement acceptable to and provided to the County prior to access being granted. (Addendum B).

C. Security: Contractor shall not divulge to any third parties any Network ID or password or any information regarding the Network provided to them including, without limitation, the Network topology, configuration, and/or security systems. Contractor shall comply with the County’s policies and procedures relating to access and use of the Network as published from time to time by the County and made available to [Company].

D. Password Accountability: Contractor shall ensure that no unauthorized persons are using Network IDs and passwords assigned to her. If Contractor becomes aware that any party has obtained unauthorized access to the Network from Contractor’s connection to the Network, or if any employee who has been provided access to the Network ceases employment with Contractor, Contractor shall promptly notify the County upon Contractor becoming aware of the occurrence. Contractor shall be responsible for all damages, expenses, losses and liabilities resulting from any unauthorized use of its Network ID and password due to a wrongful act or a negligent failure to act by Contractor or her employ-ees.

E. Monitoring of Network Usage: The use of the Network by Contractor and her employ-ees may and will be monitored from time to time. Contractor shall not receive any ad-vance notice of any monitoring.

F. Termination of Access: At the expiration or termination of the business relationship between the County and the Contractor, Contractor and her employees shall cease all use of the Network except as expressly approved by the County.

G. Availability of Services: Contractor guarantees 99.7% uptime. Scheduled maintenance events occur during the least-trafficked hours on weekends and rarely result in downtime.

The County will be notified in advance of any anticipated downtime not to exceed a period of six hours. If over the course of a year guaranteed uptime falls below 99.7%, independ-ent of scheduled maintenance, Contractor agrees to provide a credit to the County of 1% of the monthly cost for maintenance.

H. Backups: Contractor shall maintain backup servers and telecommunications connec-tions and maintain weekly backups of County Content on such backup servers. Contrac-tor’s disaster recovery and contingency planning, equipment, software and telecommu-nications connections shall enable Contractor to provide Services on and from such backup servers within forty-eight (48) hours of any disruption of Services.

I. Storage and Security: Contractor shall operate and maintain the Server in good working order with access restricted to qualified employees of Contractor and persons specifically designated by County. [Company] shall undertake and perform the measures set forth in this Agreement to ensure the security, confidentiality and integrity of all County Content and other proprietary information transmitted through or stored on the Server, including, without limitation: (i) firewall protection; (ii) maintenance of independent archival and backup copies of the Site and all County Content; and (iii) protection from any network attack and other malicious harmful or disabling data, work, code or program.

J. Contractor Warranty: Contractor warrants to County that:

K. Contractor has the right and authority to enter into and perform its obligations under this

Agreement;

L. Contractor’s Materials do not and shall not contain any content, data, work, materials, link, advertising or services that actually or potentially violate any applicable law or regu-lation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and

M. Contractor has and will have for the term of this Agreement the right to grant the rights and license set forth at Section 2(b).

N. Contractor Indemnification: Contractor agrees to indemnify, hold harmless and de-fend County, and its directors, officers, employees and agents from and against any ac-tion, claim, demand or liability, including reasonable attorney’s fees and costs, arising from or relating to: (i) Contractor’s actual or threatened breach of any provision of this

Agreement; (ii) any gross negligence or willful misconduct of [Company]; or (iii) any alle-gation that the Contractor materials infringe a third persons copyright or trademark right, or misappropriates a third person’s trade secrets. Contractor agrees that County shall have the right to participate in the defense of any such claim through counsel of its own choosing.

19. NONDISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE

ACTION PROGRAMS

In the performance of work under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of age, race, creed, color, disability, marital sta-tus, sex, national origin, ancestry, arrest record, conviction record, military service in violation of

Sec 111.321, Wisconsin Statutes.

Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. Contractor will post in conspicuous places, available for employees of the Con-tractor and applicants for employment, notices setting forth the provisions of the non-discrimina-tory clause.

When a violation of the non-discrimination, equal opportunity or affirmative action provisions of this section has been determined by the County, Contractor shall immediately be informed of the violation and directed to take all action necessary to halt the violation, as well as such action as may be necessary to correct, if possible, any injustice to any person adversely affected by the violation, and immediately take steps to prevent further violations. If, after notice of a violation to

Contractor, further violations of this section are committed during the term of the Contract, the

County may terminate the Contract without liability for the uncompleted portion or any materials or services purchased or paid for by the Contractor for use in completing the Contract, or it may permit Contractor to complete the Contract but, in either event, Contractor may be ineligible to participate in future contracts with the County.

20. SEVERABILITY.

If any part of the Agreement shall be held to be invalid for any reason, the remainder of this

Agreement shall be valid to the fullest extent permitted by law.

21. NOTICES.

Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent by First Class U.S. Mail addressed as follows:

County: Kenosha County Andy Buehler, Director of Planning & Development 19600 75th Street, Suite 185-3 Bristol, WI 53104

With copy to: Kenosha County Shelly Billingsley, Director of Public Works & Development Services 19600 75th Street, Suite 122-1 Bristol, WI 53104

Contractor: [COMPANY]

[CONTRACT]

[ADDRESS]

[CITY, STATE ZIP]

22. GOVERNING LAW.

This Agreement shall be construed under and governed by the laws of the State of Wisconsin.

Venue for any dispute shall lie in Kenosha County.

23. COUNTERPARTS.

This Agreement and any amendments may be executed in one or more counterparts, each which shall be deemed an original, but all of which shall constitute one in the same instrument. For purposes of executing this Agreement, scanned signatures shall be as valid as the original.

COUNTY OF KENOSHA [COMPANY]

Samantha Kerkman [NAME] Kenosha County Executive [POSITION]

Dated: __________________________ Dated: ______________________________

1) EXHIBIT B – PERFORMANCE EVALUATION AND REVIEW POLICY

1. Purpose

This Performance Evaluation and Review Policy establishes the method by which Kenosha County

(“County”) will evaluate the performance of the Contractor providing Building Inspection Services under this Agreement. The policy ensures consistent, fair, and transparent assessment of Contractor performance to determine whether services meet contractual standards, identify areas for improvement, and address underperformance when necessary.

2. Performance Review Schedule

• Quarterly Reviews will be conducted during the first year of the contract.

• Annual Reviews will be conducted thereafter, unless more frequent reviews are deemed nec-essary by the County.

• Interim or Special Reviews may be conducted at the County’s discretion in response to ser-vice disruptions, verified complaints, or suspected non-compliance.

The Contractor shall fully cooperate with the County in the performance review process and provide any requested documentation, records, or data relevant to the evaluation.

3. Evaluation Criteria

The Contractor’s performance shall be evaluated using the following key performance indicators

(KPIs):

1. Timeliness and Availability o Percentage of inspections completed within 24–48 hours of request.

o Turnaround time for plan reviews and permit processing.

o Maintenance of required office hours at the Kenosha County Center.

o Availability of backup personnel to ensure uninterrupted service.

2. Accuracy and Compliance o Accuracy of inspection reports, plan reviews, and permit fee calculations.

o Compliance with Wisconsin Building Codes, County ordinances, and all applicable laws.

o Maintenance of all required certifications and licenses throughout the contract term.

3. Customer Service and Professionalism o Responsiveness to public and County staff inquiries within 24 hours.

o Professionalism in interactions with residents, contractors, and officials.

o Number and nature of verified complaints from the public or County staff.

4. Administrative and Reporting Obligations o Timely submission of weekly summaries and required reports.

o Proper maintenance of inspection records and permit files.

5. Collaboration and Communication o Attendance and participation in required meetings.

o Proactive communication regarding potential issues, code updates, or process improve-ments.

6. Continuous Improvement o Identification of opportunities for process or service improvements.

o Adaptability to regulatory changes and evolving County needs.

4. Rating System

Each performance category will be rated using the following 5-point scale:

• 5 – Excellent: Consistently exceeds contractual expectations

• 4 – Satisfactory: Fully meets contractual expectations

• 3 – Needs Improvement: Occasionally falls below expectations

• 2 – Deficient: Frequent issues requiring corrective action

• 1 – Unacceptable: Serious or repeated failures

An average score of 4.0 or higher will be deemed satisfactory. An average score below 3.0 will be considered unsatisfactory.

5. Performance Review Process

1. Data Collection – The County will collect data from reports, complaint logs, inspection records, and other relevant sources.

2. Preliminary Review – The County will prepare a draft performance evaluation with ratings and comments.

3. Contractor Response – The Contractor will have 10 business days to review and submit a written response, clarifications, or supporting documentation.

4. Final Evaluation Meeting – A meeting will be scheduled to discuss the evaluation, finalize rat-ings, and agree on any required corrective actions.

5. Documentation – The County will issue a final written evaluation, which will become part of the contract record.

6. Corrective Action and Improvement Plans

If the Contractor’s performance is deemed marginal (average score 3.0–3.9) or unsatisfactory (below

3.0):

1. The County will issue a Written Notice of Deficiency specifying areas of concern.

2. The Contractor must submit a Performance Improvement Plan (PIP) within 10 business days outlining:

o Corrective measures to be taken o Responsible personnel o Timelines for improvement

3. A follow-up review will be conducted within 30–60 days to assess compliance with the PIP.

Failure to implement or achieve improvement under the PIP may result in contract probation, suspension, or termination as permitted by the Agreement.

7. Contract Termination for Persistent Underperformance

If the Contractor:

• Fails to meet minimum performance standards despite one or more corrective action plans,

• Commits repeated or serious breaches of the Agreement, or

• Causes significant delays or errors affecting County operations, the County reserves the right to terminate the Agreement for cause, pursuant to the termination provisions in the contract.

8. Transparency and Recordkeeping

• All performance reviews and corrective actions will be documented and retained by the County.

• The Contractor will receive a copy of all evaluations and have an opportunity to respond in writ-ing.

• Performance evaluation records may be considered in decisions regarding contract renewal, extension, or future procurement opportunities with the County.

This Performance Evaluation and Review Policy is hereby incorporated into and made part of the Building Inspection Services Agreement.

2) EXHIBIT C – COMPLAINT RESOLUTION PROCESS

3)

1. Purpose

The purpose of this Complaint Resolution Process is to establish a clear, fair, and timely procedure for receiving, investigating, and resolving complaints related to building inspection services provided under the contract with Kenosha County.

2. Scope

This process applies to all complaints received from:

• Residents, property owners, and tenants

• Contractors, developers, and design professionals

• County staff, elected officials, and appointed officials

Complaints may relate to, but are not limited to:

• Inspection scheduling delays

• Perceived errors in inspection results

• Code interpretation disputes

• Staff professionalism or conduct

• Administrative or communication issues

3. Complaint Submission

Accepted Methods of Submission:

• Email to the designated Inspector contact and the County Planning & Development Director

• Written letter submitted to the County offices

• Phone call (followed by written summary documented by County staff)

• Online form (need to create for County website and link for communities to access)

Required Information:

• Complainant’s name, contact information, and relationship to the property

• Address or permit number related to the complaint

• Detailed description of the complaint (date, time, nature of issue)

• Supporting documents, photos, or correspondence (if available)

All complaints must be logged in a Complaint Tracking Log maintained by the Inspector and shared with the County monthly.

4. Acknowledgment of Complaint

• Within 2 business days, the Inspector (or designated representative) shall acknowledge receipt of the complaint via email, phone, or written letter.

• The acknowledgment must include:

o Confirmation that the complaint has been received and logged o Name and contact information of the person handling the resolution o Expected timeframe for initial investigation

5. Investigation & Review

• The Inspector shall conduct a preliminary investigation within 5 business days of receiving the complaint.

• The investigation may include:

o Reviewing inspection reports, permits, and correspondence o Contacting relevant parties for clarification o Conducting a site visit if necessary

• For code interpretation disputes, the Inspector shall consult with the County Planning & Devel-opment Director for final determination.

6. Resolution & Response

• Within 10 business days of complaint receipt, the Inspector shall:

o Provide a written response summarizing findings o Outline corrective actions (if applicable) o Provide information on next steps or appeal rights if the complainant disagrees

If additional time is needed for complex cases, the Inspector must notify the complainant and County staff with a revised timeline.

7. Appeal Process

• If the complainant is not satisfied with the resolution, they may submit a formal appeal in writing to the Kenosha County Director of Public Works & Development Services within 10 business days of receiving the resolution.

• The County Director may:

o Conduct an independent review of the complaint and resolution o Consult legal counsel or other County officials as needed o Issue a final written decision within 15 business days of appeal receipt

The County Director’s decision shall be final.

8. Recordkeeping & Reporting

• All complaints and resolutions shall be logged in a Complaint Tracking Log that includes:

o Date received o Complainant’s name o Summary of issue o Actions taken and timeline o Final resolution

• A quarterly summary report of complaints and outcomes shall be submitted to the County

Planning & Development Director.

9. Continuous Improvement

• Trends or recurring complaints shall be reviewed jointly by the Inspector and County staff to identify process improvements, training needs, or policy changes.

• Any recommended changes shall be documented and, if approved, incorporated into the Build-ing Inspection Services procedures.