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HomeMy WebLinkAboutResolutions - 1994.06.23 - 24125FINEWE COMMITTEE June 23, 1994 MISCELLANEOUS RESOLUTION #94182 BY: FINANCE COMMITTEE IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/EQUALIZATION DIVISION - ASSESSING CONTRACT ACCEPTANCE WITH THE CITY OF PONTIAC TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: WHEREAS the City of Pontiac does not have a certified assessor and has expressed interest in obtaining the services of Oakland County to perform annual assessments of City property; and WHEREAS Oakland County wishes to provide appraisal services to the City of Pontiac using a State Certified Assessor (level IV) for the tax years 1994, 1995, 1996 and to conduct a residential reappraisal, and provide supervision of the appraisal of all new property, supervision of all real and personal property changes, and the preparation of the assessment roll for all properties located in the City of Pontiac; and WHEREAS the City of Pontiac and Oakland County have reached an agreement for Oakland County to provide assessment services (see attached contract). WHEREAS this agreement between the City of Pontiac and Oakland County will necessitate the addition of three (3) clerical positions. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves this contract acceptance between Oakland County and the City of Pontiac for assessment services for the tax years 1994, 1995 and 1996. BE IT FURTHER RESOLVED that future level of service, including personnel, will be contingent upon contract continuation. j C-VIAJZ r(Y, N 6 k . 61- ) (.4 PA- Y4 4-1)-1-"!%(-- • AGREEMENT BETWEEN THE CITY OF PONTIAC AND THE COUNTY OF OAKLAND This Agreement made and entered into this day of June, 1994, by and between the City of Pontiac, a Municipal Corporation ("City"), and the County of Oakland, Department of Community and Economic Development, Equalization Division, a Constitutional Corporation ("County"). Recitals: A. The City does not have a certified assessor. B. The City desires to improve its appraisal services. C. The County wishes to provide appraisal services to the City. Now therefore, in consideration of the mutual promises set forth below, the sufficiency of which is acknowledged, the parties agree as follows: 1. Scope of Services. The purpose of this Agreement is to provide for an annual assessment of City property using a State Certified Assessor (level IV) for tax years 1994, 1995, 1996 and to conduct a residential reappraisal utilizing an Oakland County Project Manager and trainers for a City of Pontiac staff of not less than 6 employees within six (6) months of the signing of this agreement. The assessment shall include supervision of the appraisal of all new property, supervision of all real and personal property changes, and preparation of the assessment roll for all properties located in the City of Pontiac. It may include attendance at the March, July and December Boards of Review or other 1 duties as required by the Michigan General Property Tax Laws, providing that these duties can be performed within a forty (40) hour work week by the project manager. In addition, the County will process all Small Claims appeals to the Michigan Tax Tribunal and will assist the City in the preparation of all full Tax Tribunal cases and may attend all small claims hearings on behalf of the City before the Tribunal. The County shall be paid for processing the small claims Tax Tribunal cases on an hourly rate at the prevailiqi rate for a Level II assessor which includes all fringes. The City shall not pay for the first $2500.00 of processing of small claims. The cost of the services to be performed shall be based upon time and material needed to perform the various functions, said compensation is enumerated later in this contract. It is anticipated that the City may wish to employ a person of their own choosing to accept the responsibility as the State Certified Assessor Level IV and in that event this contract shall remain in effect but the City shall pay to the County for such duties until three (3) months after an appointment is made. The compensation for this three month period shall be $1250.00. The annual compensation for said service is $5,000.00. It is understood by the parties hereto that the reappraisal effort in this contract is a joint effort between the City and the County. The County will provide a manager, trainers and clerical staff as called for in the contract. The City will provide the workers needed to do the field work and other necessary staff who will be used for the reappraisal. The County will provide a plan of work with production schedules, production standards and proper 2 work standards, according to accepted mass appraisal standards, which the parties agree to operate by. This will be done immediately at the beginning of the project. This plan will be made available to the City along with regular production reports. 2. Condition Precedent. As a condition precedent to this Agreement, the City agrees to continue the existing separate Agreement with the Oakland County Computer Services Division. This will automate the real property appraisal function and provide the latest systems back-up for the assessment process. 3. Time and Material Contract. The aforementioned Contract shall be computed based upon time and material to be calculated as follows: The County Shall provide a Project Manager with a State designation of Level III for duration of the contract and Two (2) Trainers with a State Designation of Level II for a period of four months. In addition, the County will provide three clerical employees. It is understood that the City's assessing staff shall be under the direction and control of the Project Manager or designee of the Director of the Oakland County Equalization Department. In the event it is mutually deemed by the parties hereto that it is not necessary to utilize a project manager on a full time basis then in that event such compensation shall be reduced based on the percentage of time that said position is not necessary. Said percentage shall be calculated based upon a 40 hour work week. For example, if it is only necessary to use a project manager for 20 hours per week then in that event the total compensation paid by the City for said Project manager shall be reduced by 50% from thence forward. The 3 County shall provide training for the City assessing staff using the Oakland County Appraisal System. The cost breakdown on a yearly basis shall be as follows: Project Manager $62,684.00 Trainers (2) 37,130.00 Clerical employees (3) 96,736.00 Administrative Cost 5,000.00 Total: $201.550.00 4. Payment Schedule. The payment schedule is as follows: One half of the aforementioned yearly sum shall be payable on or before the 1st day of July 1994 and the balance payable on or before the 1st day December 1994 and each succeeding year shall be payable on the same schedule. It is understood by the parties hereto that said reappraisal cannot possibly be completed in a one year period and that if this contract is canceled it shall be the City's responsibility to perform the remaining reappraisal. It is further understood that the annual cost of this contract will be adjusted based upon any change in salary or benefits to the Project Manager or clerical employees. 5. Liability. It is agreed that the County's liability to the City hereunder for damages, regardless of the form of action, shall not exceed the total amount paid for services under this Agreement. 6. Term. It is understood between the parties hereto that this contract is entered into on a year to year basis for a total of three years beginning June 17, 1994 and renewal of this contract for the following year shall be automatic unless a notice to cancel said 4 contract has been sent by registered mail by either party by November 1, 1994 for the first renewal, by November 1, 1995 for the second renewal and by November 1, 1996 for the third renewal provided however, that the City shall be responsible for and pay for any services actually rendered by the County prior to cancellation. In addition the costs for each twelve month period shall be the actual costs incurred by the County. In any event the costs shall not increase more than the Consumer Price Index published by the Michigan State Tax Commission and the Census Bureau for all urban consumers, for the most recent calendar year compared to the prior calendar year. 7. Work Environment. It is further agreed that the City shall provide a mutually agreeable work environment including adequate work space, heating, lighting, air conditioning, storage facilities, phone systems and other amenities consistent with an amenable work environment. B. Unemployment Matters. In the event that the County is required to layoff any of the clerical employees that are required under this contract, because of cancellation of this contract by the City, then the City agrees to pay any and all unemployment compensation costs incurred by the County that results from cancellation. 9. Cooperation with the County. The City agrees that it shall be solely and exclusively responsible, during the term of this Contract, for guaranteeing that all City Employees fully cooperate with County Employees in the performance of the reappraisal and also in all assessing functions. To assist in this cooperation the County agrees to provide monthly status reports to the City's Finance Director or designee. 5 10. Subrogation. Except as expressly provided herein, this CONTRACT does not, and is not intended to create, by implication or otherwise, any direct or indirect obligation, duty, promise, benefit, and/or right to be indemnified, or any other right of any kind, in favor of any person, organization, alleged third party beneficiary, or any right to be contractually, legally, equitably, or otherwise subrogated to any indemnification or any other right provided under the terms of this CONTRACT. • 11. Independent Contractor. The parties agree that the relationship created by this Agreement is that of an independent contractor. Each part will be responsible for the acts of its employees, agents, servants and sub—contractors during the performance of this Agreement. No liability, rights or benefits arising out of an employer/employee relationship either express or implied shall arise or accrue to either party as a result of this Agreement. This Agreement shall not constitute either party to be the legal representative, employee or agent of the other, nor shall either party have any right or authority to assume, create or incur any liability or any obligation of any kind, express or implied, against or in the name of or on behalf of the other party. The City agrees that no City employees, either as a result of, or arising out of any acts by any person in the performance of any duty under this Contract, shall be considered or asserted to be an employee of the County of Oakland. The City agrees that it shall be solely and completely liable for any and all City Employees past, present, or future wages, compensation, overtime wages. expenses, fringe benefits, pension or retirement benefits, 6 travel expenses, mileage allowances, training expenses, transportation costs, and/or other allowances or reimbursements of any kind, including, but not limited to, worker's disability compensation benefits, unemployment compensation, Social Security Act protection(s) and benefits, any employment taxes, and/or any other statutory or contractual right or benefit based on or in any way related to any City Employees' employment status or any alleged violation of any City Employees statutory, contractual, or constitutional rights by the City, the County or any County Employee(s). The City agrees to indemnify and hold harmless the County and/or any County Employee(s) from and against any and all claims which are imposed upon, incurred by, or asserted against the County and/or any County Employees by any City Employee(s) which are based upon, result from, or arise from, or are in any way related to any City Employees wages, compensation, benefits, or other employment— related rights, including, but not limited to, those described in this paragraph. 12. Indemnification. Except as otherwise provided in this Paragraph, the CITY agrees to defend, indemnify and hold the COUNTY and/or any COUNTY EMPLOYEE(S) harmless from and against any and all CLAIM(S) which are imposed upon, incurred by, or asserted against the COUNTY and/or any COUNTY EMPLOYEE(S) by any person and which are based upon, result from, or arise from, or are in any way related to any alleged error, mistake, negligent or intentional act(s) or omission(s) by the CITY and/or any CITY EMPLOYEE(S), including, but not limited to: (a) any alleged breach of legal duty to any person by the CITY and/or any CITY AGENT(S); (b) any alleged failure by the CITY or 7 any CITY AGENT(S) to comply with any CITY duty or obligation in this CONTRACT; and (o) any other CLAIM(S) based, in any way, upon any CITY or CITY AGENT(S)' services, buildings, equipment, or any other event, occurrence, duty, or obligation related or attendant thereto. The CITY, however, shall not be obligated to pay any portion of any court ordered judgment or award for which a court has determined that the COUNTY and/or any COUNTY EMPLOYEE(S) was either negligent or at fault for any specific dollar amount of damages or loss to any person other than the CITY or any CITY AGENT(S). The CITY shall not be required or obligated to defend, indemnify, and/or hold the COUNTY or any COUNTY EMPLOYEE(S) harmless in any criminal investigation, criminal case, criminal prosecution or criminal proceeding, or pay any costs, expenses, fines, damages, or liabilities of any kind whatsoever which are incurred in or result from any criminal investigation or prosecution. 13. Indemnification Rights. The indemnification right(s) afforded to the COUNTY and/or any COUNTY EMPLOYEE(S) under this CONTRACT shall be in excess and over and above any other valid and collectible insurance right available to the COUNTY and/or any COUNTY EMPLOYEE(S) from the CITY under the terms of this CONTRACT and applicable to any part of any ultimate net COUNTY and/or any COUNTY EMPLOYEE(S)' loss whether or not any such insurance coverage is stated to be primary, contributing, excess, or contingent. To the extent that the CITY's promise to indemnify, pay and hold harmless the COUNTY and/or any COUNTY EMPLOYEE(S) as set forth in this 8 CONTRACT may become unenforceable or uncollectible, the CITY shall contribute the maximum portion that it is permitted to pay and satisfy under applicable law toward the payment and satisfaction of any CLAIM(S) against the COUNTY and/or any COUNTY EM PLOYEE(S). 14. Survival of Indemnification. The CITY agrees that all CITY indemnification and hold harmless promises, waivers of liability, representations, liabilities, payment obligations, and/or any other related obligations provided for in this CONTRACT with regard to any acts, occurrences, events, transactions, or CLAIM(S) either occurring or having their basis in any events or transactions that occurred before the cancellation or expiration of this CONTRACT, shall survive the cancellation or expiration of this CONTRACT. 15. Effective Date, This CONTRACT, and any subsequent amendments, shall not become effective prior to the approval by concurrent resolutions of the COUNTY Board of Commissioners and the CITY Council. The approval and terms of this CONTRACT shall be entered into the official minutes and proceedings of the COUNTY Board of Commissioners and CITY Council and shall also be filed with the office of the Clerk for • the COUNTY and the CITY. 16. Governing Law. This CONTRACT is made and entered into in the State of Michigan and shall in all respects be interpreted, enforced and governed under the laws of the State of Michigan. The language of all parts of this CONTRACT is intended to and, 9 in all cases, shall be construed as a whole according to its fair meaning, and not construed strictly for or against any party. As used in this CONTRACT, the singular or plural number, possessive or nonpossessive shall be deemed to include the other whenever the context so suggests or requires. 17. Entire Agreement. This CONTRACT, consisting of a total of twelve (12) pages sets forth the entire agreement between the County and the CITY and fully supersedes any and all prior agreements or understandings between them in any way related to the subject matter hereof. It is further understood and agreed that the terms and conditions herein are contractual and are not a mere recital and that there are no other agreements, understandings, contracts, or representations between the County and the CITY in any way related to the subject matter hereof, except as expressly stated herein. This CONTRACT shall not be changed or supplemented orally and may be amended only by concurrent resolutions of the Oakland COUNTY Board of Commissioners and the CITY Council. 18. Notice. Any notice required or permitted to be given pursuant to this Agreement shall be made in writing and shall be sufficiently given if delivered personally or mailed by certified mail, postage prepaid, addressed to: ' City of Pontiac Attn: Legal Department 450 Wide Track East Pontiac, Michigan 48342 County of Oakland Department of Community and Economic Development Equalization Division 1200 N. Telegraph Road Administrative Annex ll : 10 Pontiac, MI 48341 19. Waiver of Breach. The waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. Each and every right, remedy and power granted to either party or allowed it by law shall be cumulative and not exclusive of any other. 20. Consideration. For and in consideration of the mutual promises, acknowledgments, representations, and agreements set forth in this CONTRACT, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the COUNTY and the CITY hereby agree and promise to be bound by the terms and provisions of this CONTRACT. IN WITNESS WHEREOF, CHARLIE J. HARRISON, Jr., Mayor for the CITY OF PONTIAC, hereby acknowledges that he has the power and authorization to execute this CONTRACT on behalf of the CITY OF PONTIAC, a Michigan Constitutional and Municipal Corporation and political subdivision of the State of Michigan, and hereby accepts and binds the CITY OF PONTIAC to the terms and conditions of this CONTRACT on this day of , 1994. WITNESSES: CITY OF PONTIAC, a Michigan Constitutional and Municipal Corporation By: CHARLIE J. HARRISON, Jr., Mayor, City of Pontiac IN WITNESS WHEREOF, LARRY P. CRAKE, Chairperson of the Oakland County 11 I, v Board of Commissioners, hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of Commissioners to execute this CONTRACT on behalf of the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, and hereby accepts and binds the COUNTY OF OAKLAND to the terms and conditions of the CONTRACT on this day of , 1994. WITNESS: COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation By: LARRY P. CRAKE, Chairperson, Board of Commissioners ROVE OREGOING RESOLUTION Date vvc OREGOI county Execut Resolution #94182 June 23, 1994 Moved by McCulloch supported by Newby the resolution be adopted. AYES: Garfield, Gosling, Huntoon, Jensen, Johnson, Kaczmar, Kingzett, McCulloch, McPherson, Miltner, Moffitt, Newby, Oaks, Obrecht, Palmer, Pernick, Powers, Schmid, Taub, Wolf, Aaron, Crake, Dingeldey, Douglas. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. HERE L BrookWter STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June 23, 1994 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and ixed the seal off-/the cf./ County of Oakland at Pontiac, Michigan this 23rd day o une • C; D. Allen, County Clerk