HomeMy WebLinkAboutResolutions - 1996.10.24 - 24903MISCELLANEOUS RESOLUTION 196239
BY: FINANCE AND PERSONNEL COMMITTEE, Sue Ann Douglas, Chairperson
IN RE: COMMUNITY AND ECONOMIC DEVELOPMENT/EQUALIZATION DIVISION - CREATION OF ONE (1)
EQUALIZATION APPRAISER I AND ONE (1) CLERK II POSITION FOR THE TOWNSHIP OF SOUTHFIELD
ASSESSING CONTRACT
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Township of Southfield does not have a certified assessor; and
WHEREAS the County was previously under contract to perform personal property
appraisals for the Township of Southfield; and
WHEREAS the County has entered into a new contract with the Township of
Southfield to perform the annual assessment of Real Property in addition to Personal
Property (see attached contract); and
WHEREAS the Township of Southfield has agreed to pay a fee of $12.00 per real
property description and $10.55 per personal property description for an increase in
annual revenue of approximately $71,000; and
WHEREAS provision of these services will require one additional Equalization
Appraiser I and one additional Clerk II position which will be fully funded by contract
revenue.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorize the creation, in the Department of Community and Economic Development,
Equalization Division, of one (1) governmental funded Equalization Appraiser I
position (Grade 9) and one (1) governmental funded Clerk II position (Grade 2),
effective 11/9/96.
BE IT FURTHER RESOLVED that the continuation of these positions will be
contingent upon contract funds to cover the full cost of the positions.
BE IT FURTHER RESOLVED that the 1996 and 1997 Budget is amended as follows:
General Fund 1996 1997
Revenue:
3-10100-194-01-00-2510 Reimb. - Equalization $8,321 $59,406
Expenditure:
4-10100-194-01-00-1001 Salaries $5,561 38,378
4-10100-194-01-00-2074 Fringe Benefits 2,596 16,848
4-10100-194-01-00-6750 Telephone Expense 164 480
4-10100-194-01-00-9998 Misc. Capital Outlay 3,700
$8,321 $59,406
Chairperson, on behalf of the Finance and Personnel Committee, I move the
adoption of the foregoing resolution.
Finance and Personnel Committee
EQUALIZATION Ig 002
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AGREEMENT BETWEEN THE TOWNSHIP OF SOUTHFIELD
AND
THE COUNTY OF OAKLAND
This Agreement is made and entered into by and between the TOWNSHIP OF
SOUTHFIELD, a Municipal Corporation ("Township"), and the COUNTY OF OAKLAND,
a Constitutional Corporation ("County). This Agreement will be administered and
performed for the Township by the County's Department of Community and Economic
Development, Equalization Division.
Recitals:
▪ The Township desires to provide for the annual assessment of
Real and Personal Property during the term of this contract.
▪ The County has qualified personnel and the ability to perform the
assessment services.
• The Township does not have a certified assessor.
▪ The County is willing to provide assessment services.
NOW THEREFORE, in consideration of the mutual promises set forth below, the
sufficiency of which is acknowledged, the parties agree as follows:
Lfigmtaleryisle
The purpose of this Agreement between the parties is to provide for annual
assessment of real and personal property through the 1997 tax year as required by
laws of the State of Michigan. The County agrees to make assessments of both real
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and personal property within the Township of Southfield pursuant to MCL 211.10d.
The County will appraise all new property, process all real and personal property
description changes, prepare the assessment roll for real and personal property in the
Township; attend March. July and December Boards of Review and other such duties
as required by the Michigan General Property Tax Laws. The County will also process
all Michigan Tax Tribunal appeals and appear at all hearings on behalf of the Township
before the Tax Tribunal, as long as there is a current contract in effect. Upon
termination of this agreement, the County will continue to cooperate with the Township
on any matters before the Tax Tribunal which arose during the course of the contract.
The County will provide legal counsel through the office of Corporation Counsel
for a maximum of ten (10) hours per year total on full tribunal cases. The Township
shall be responsible for the cost of legal representation beyond this ten (10) hour
period and shall pay for such service based on the current hourly rate of said attorney
plus fringe benefits as set forth by the Oakland County Personnel Department. The
County will notify the Township when the ten (10) hours has been utilized. The
Township will reimburse the County for all other fees and costs of litigation. It is
anticipated that Oakland County Corporation Counsel will normally appear before the
Michigan Tax Tribunal on behalf of the County and Township. However, in any given
case, the County or the Township may decline representation by Corporation Counsel.
In such an instance, the Township will secure outside representation at their own cost.
The County reserves the right to have Corporation Counsel continue representation on
behalf of the County's interest.
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This contract shall take effect on July 1, 1996 and extend through June 30,
1997.
This Agreement does not, and is not intended to, transfer, delegate, or assign to
the County and/or any County Agent the legal responsibility of performing the
assessment services.
The Township shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated with or in
any way related to any Township tax appraisal or assessment functions or any other
Township legal obligation. The Township shall not incur or create any debts, liens,
liabilities or obligations for the County and shall take all necessary steps to ensure that
any debts, liens, liabilities or obligations that the Township may incur shall not become
a debt, liability, obligation or Claim(s) against the County.
P. Payment Schedule
In consideration of the promises set forth in the document, the Township agrees
to pay to the County a fee of $12.00 per real property description, for property
descriptions rendered during the life of this contract. A fee of $10.55 per personal
property description will be charged for the year 1997. Payment to be due and payable
July 1, 1997. If during the term of this Agreement, there are additional mandated
responsibilities placed on the assessing function, the parties shall negotiate additional
fees to be paid by the Township.
All time incurred for Board of Review dates beyond the regular County working
hours will be. billed at employee's overtime rate and charged to the Township over and
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above the basic contract, with the following exceptions:
1) One evening meeting as required by law under MCL § 211.29(1).
2) Dates requiring overtime set by the Township.
The Township agrees to be responsible for postage on all personal property
statements and real and personal property notices mailed relating to work performed
under this contract. The Township also agrees to be responsible for costs of
photographs.
The Township further agrees that if there is any amount due and owing to the
County under this agreement, which Is still unpaid at the time the County distributes
funds to the Township from the Delinquent Tax Revolving Fund (DTRF), the County
shall be entitled to reduce, set-off, and permanently retain any amount due to the •
municipality from Delinquent Tax Revolving Fund (DTRF) by any such amount then still
due and owing the County pursuant to this agreement.
Liability
It is further agreed that the County's liability hereunder for damages, regardless
of the form of action, shall not exceed the total amount paid for services under this
contract.
11/. Condition Precedent
As a condition precedent to this Agreement, the Township agrees to continue
the existing separate Agreement with the Oakland County Information Technology
Division. This will automate the real property appraisal function and provide the latest
systems back-up for the assessment process.
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V., Cooperation witb jhe County
The Township agrees that it shall be solely and exclusively responsible, during
the term of this Contract, for guaranteeing that all Township employees fully cooperate
with County employees in the performance of all assessing functions.
VI. Subrogation
Except as expressly provided herein, this Agreement 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.
VII. Independent Contractor
The parties agree that the relationship created by this Agreement is that of an
independent contractor. Except as expressly provided herein, each party will be
responsible for the acts of its employees, agents, servants and sub-contractors during
the performance of this Agreement. No liability, right 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 authorize or empower
either party to be the legal representative, employee or agent of the other, except in
situations described in section 1, 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 or on behalf of the other party.
VIII. County prioritization of County Resources
The Township acknowledges and agrees that this Agreement does not, and is
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not intended to, create either any absolute right in favor of the Township, or any
correspondent absolute duty or obligation upon the County, to guarantee that any
specific number(s) or classification of County Agents will be present on any given day
to provide County services to the Township.
IX. Indemnification
The Township shall not be obligated to pay any portion of any court ordered
judgment or award to a third party for which a court has determined that the County
and/or its agent was solely negligent or at fault. However, the Township agrees to,
indemnify and hold the County and/or any County Agent harmless from and against any
and all Claim(s) which are imposed upon, incurred by, or asserted against the County
and/or any County Agent by any Township agent under any circumstances or by any
person which are based upon, result from, or arise from, or are in any way related to
any alleged error, mistake, negligence or intentional act(s) or omission(s) by the
Township and/or any Township Agent, including, but not limited to: (a) any alleged
breach of legal duty to any person by the Township and/or any Township Agent; (b)
any alleged failure by the Township or any Township Agent to comply with any
Township duty or obligation in this Agreement; and (c) any other Claim(s) based in any
way upon any Township or Township Agent's services, buildings, equipment, or any
other event, occurrence, duty, or obligation related or attendant thereto.
X. Indemnification Rights
The indemnification right(s) afforded to the County and/or any County
employee(s)under this Agreement shall not be limited by the amount of available
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insurance coverage to the Township.
XI. Survival of Indemnification
The Parties agree that all indemnification and hold harmless promises, waivers
of liability, and/or any other related obligations provided for in this Agreement with
regard to any acts, occurrences, events, transactions, or claims(s) either occurring or
having their basis in any events or transactions that occurred before the cancellation or
expiration of this Agreement, shall survive the cancellation or expiration of this
Agreement.
XII. Cancellation qf Agreement
Either Party may cancel this Agreement at any time and for any reason at all,
without incurring any penalty, cost, liability, or obligation of any kind to the other Party.
Cancellation shall be made by a written NOTICE OF CANCELLATION of the COUNTY
OF OAKLAND AGREEMENT TO PROVIDE ASSESSMENT SERVICES FOR THE
TOWNSHIP OF SOUTHFIELD, (i.e., this Agreement), to the other Party at least one
hundred and twenty (120) calendar days before the effective cancellation date, which
date shall be clearly stated in the written notice. At 5:00 p.m. on the effective date of
the cancellation all Township and County obligations under this Agreement, except
those rights and obligations expressly surviving cancellation as provided for in this
Agreement, shall end. The Township will remain responsible for any and all amounts
due to the County for services provided prior to cancellation by either party.
XIII. Effective Date
This Agreement, and any subsequent amendments, shall become effective upon
•
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the approval by resolution by the respective boards of the County and the Township.
XIV Govgrning_Law
This Agreement 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 Agreement is intended to and, 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 Agreement, the singular or plural number,
possessive or nonpossessive shall be deemed to include the other whenever the
contest so suggests or requires.
V. Captors
The section headings (shown in boldface type herein), are intended for the
convenience of the reader and not intended to have any substantive meaning and are
not to be interpreted as part of this agreement.
XVI. Endre Agreernant
This Agreement, consisting of a total of ten (10) pages, sets forth the entire
agreement between the County and the Township 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 Township in
any way related to the subject matter hereof, except as expressly stated herein. This
Agreement shall not be changed or supplemented orally and may be amended only by
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\ concurrent agreement of the County and the Township Supervisor.
zylla 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:
Township of Southfield
18550 W. Thirteen Mile Road
Birmingham, MI 48025
County of Oakland
Department of Community and Economic Development
Equalization Division
250 Elizabeth Lake Road Suite 1000W
Pontiac, MI 48341
XVIII. Weiversj Breach
The waiver of a breath 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.
XIX. Consider4tIort
For and in consideration of the mutual promises, acknowledgments,
representations, and agreements set forth in this Agreement, and for other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
County and the Township hereby agree and promise to be bound by the terms and
provisions of this Agreement.
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WITNESS:
‘..9/3k-noCIrt..c By:
John Mcptilloch, Chairperson,
Board ofl commissioners
COUNTY OF OAIILAND
IN WITNESS WHEREOF, W. A Hassberger, Township Supervisor of the
Township of Southfield, hereby acknowledge that he has the power and authorization
to execute this Agreement on behalf of the Township of Southfield, a Michigan
Constitutional and Municipal Corporation and political subdivision of the State of
Michigan, and hereby accept and bind the Township of Southfield to the terms and
conditions of this Agreement on this 21. of el.tk 1996.
WITNESSES: TOWNSHIP OF SOUTHFIELD
By:
By: X4a-a--)../
Date Signed: ‘6 kip
Resolution #96239 October 24, 1996
Moved by Douglas supported by Law the resolution be adopted.
AYES: Dingeldey, Douglas, Garfield, Holbert, Huntoon, Jacobs, Jensen,
Johnson, Kaczmar, Kingzett, Law, McCulloch, McPherson, Moffitt, Obrecht, Pernick,
Powers, Quarles, Schmid, Taub, Wolf, Amos, Crake, Devine. (24)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
HERE.13,yriper11-
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wrson, County Executive Date
L. Brook
fi-IE FOREGOING PrSOLUIT''
/ii c/t
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 October 24, 1996 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 24th day of October 1996.
Lyn D. Allen, 'County C:rk