HomeMy WebLinkAboutResolutions - 2000.11.30 - 26200MISCELLANEOUS RESOLUTION #00297 November 30, 2000
By: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET / EQUALIZATION DIVISION -
APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION
ASSISTANCE SERVICES WITH THE CHARTER TOWNSHIP OF ROYAL OAK
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Equalization Division currently acts as contract
Assessor to 22 municipalities within Oakland County pursuant to a
Contract for Oakland County Equalization Division Assistance Services
entered individually with the local units of government; and
WHEREAS the Equalization Division also provides assistance to
eleven other local municipalities which have their own Assessors in the
areas of personal property and file maintenance of real property; and
WHEREAS the Equalization Division has recently contracted with
additional municipalities to perform assessing services without
requesting additional staff, made possible through technological
advancements approved by this Board, while understanding that future
workloads may require this Division to request additional staff; and
WHEREAS the Charter Township of Royal Oak wishes to extend the
agreement with the Equalization Division to act as its contract
Assessor under a Contract for Oakland County Equalization Division
Assistance Services, copy attached; and
WHEREAS this arrangement with the Charter Township of Royal Oak,
as in the case of the previously ratified contracts with other local
units of government, needs the approval of the Board of Commissioners;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves entering into the attached Contract for
Oakland County Equalization Division Assistance Services with the
Charter Township of Royal Oak covering both real and personal property;
BE IT FURTHER RESOLVED that the Board of Commissioners
Chairperson is authorized to sign the attached Contract for Oakland
County Equalization Division Assistance Services with the Charter
Township of Royal Oak;
BE IT FURTHER RESOLVED that the Oakland County Clerk shall
receive and file the attached contract and forward the same to the
Secretary of State as required by law.
Chairperson, on behalf of the Finance Committee, I move for the
adoption of the foregoing resolution.
FINANCE COMMITTEE
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Obrecht
absent.
STATE OF MICHIGAN
Akitt RECEIVED FOR FILING OARL:'‘n fl2jNTY CLERK
CANDICE S. MILLER, Secretary of State n
MICHIGAN DEPAR'TMENT OF STIR -5 A It 39
LANSING, MICHIGAN 48918-Q991
DEPUTY COUNTY CLERK
December 27, 2000
Oakland County
G. William Caddell, County Clerk
1200 N. Telegraph Road
Pontiac, MI 48341-0413
Dear Mr. Caddell:
This letter acknowledges receipt and filing by the Oakland County Board of
Commissioners on December 21, 2000, with the Secretary of State, Resolution
#00297, approving a contract between the Oakland County Equalization Division
Assistance Services and the Charter Township of Royal Oak in accordance with Act
7 of the Public Acts of 1967.
-13 oanie Kollek
Office of the Great Seal
(517) 335-0718
Sincerelx,
CN,;YLLIL
DEPUTY CLERK—REGISTER Chief Deputy County Clerk
Director of Elections Chief Deputy Register
G. WILLIAM CADDELL
OAKLAND COUNTY CLERK — REGISTER OF DEEDS
PONTIAC MI 48341-0413
PATRICK D. CAMPBELL STEPHANIE A. SCHROEDER
MARY JO HAMMOND SUE PAYNE
December 15, 2000
State of Michigan
Great Seal & Registration Unit
Helen Kruger, Supervisor
P.O. Box 20126
Lansing MI 48901-0726
Dear Ms. Kruger,
Enclosed you will find Miscellaneous Resolution #00297, Department of
Management & Budget/Equalization Division — Approval of Contract for Oakland
County Equalization Division Assistance Services with the Charter Township of
Royal. The contract is attached to the resolution.
This resolution was adopted by the Oakland County Board of Commissioners on
November 30, 2000.
Please acknowledge receipt of same.
G. William Caddell
Oakland County Clerk/
Register of Deeds
Encl.
plc
ADMINISTRATIVE OFFICES
1200 N TELEGRAPH RD DEPT 413
PONTIAC MI 48341-0413
(248) 858-0560
COUNTY CLERK'S OFFICE
1200 N TELEGRAPH RD DEPT 413
PONTIAC MI 48341-0413
(248) 858-0581
ELECTION DIVISION
1200 N TELEGRAPH RD DEPT 413
PONTIAC MI 48341-0413
(248) 858-0564
REGISTER OF DEEDS OFFICE
1200 N TELEGRAPH RD DEPT 480
PONTIAC MI 48341-0480
(248) 858-0605
www.co.oakland.mi.us
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH
THE CHARTER TOWNSHIP OF ROYAL OAK
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH
THE CHARTER TOWNSHIP OF ROYAL OAK, (hereafter, this "Contract") is made and entered into
between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation, whose
address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the "County"), and the
CHARTER TOWNSHIP OF ROYAL OAK, a Michigan Constitutional and Municipal Corporation whose
address is 21075 Wyoming Avenue, Ferndale, Michigan 48220 (hereafter, the "Municipality"). In this
Contract, either the County and/or the Municipality may also be referred to individually as a "Party" or
jointly as "Parties."
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"), including,
but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.) is required to
perform real and personal property tax appraisals and assessments for all nonexempt real and
personal property located within the geographic boundaries of the Municipality for the purpose of
levying State and local property taxes.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to an order
of the State Tax Commission mandating the County to perform all or some of the property tax
appraisal and tax assessment responsibilities for real and/or personal property located within the
Municipality's geographic boundaries (MCL 211.10(f), the County, has no obligation to provide
these Services to or for the Municipality.
C. The Michigan General Property Tax Act (MCL 211.34(3) provides that the County Board of
Commissioners, through the Equalization Division may furnish assistance to local assessing
officers in the performance of certain of these legally mandated Municipality property appraisal
and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in performing the
"Equalization Division Assistance Services" (as described and defined in this Contract) and has
agreed in return to reimburse the County as provided for in this Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as defined
herein, possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested "Equalization Division Assistance Services" under the
terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises, 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 Municipality mutually agree as follows:
DEFINED TERMS In addition to the above defined terms (i.e., "Contract", "County",
"Municipality", "Party" and "Parties", and "State"), the Parties agree that the following words and
expressions when printed with the first letter capitalized as shown herein, whether used in the
singular or plural, possessive or nonpossessive, and/or either within or without quotation marks,
shall, be defined and interpreted as follows:
1.1. "County Agent" or "County Agents" shall be defined as any and all Oakland County
elected officials, appointed officials, directors, board members, council members,
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ROYAL OAK
Page 1
§1.
commissioners, authorities, other boards, committees, commissions, employees,
managers, departments, divisions, volunteers, agents, representatives, and/or any such
persons' successors or predecessors, agents, employees, attorneys, or auditors (whether
such persons act or acted in their personal representative or official capacities), and/or
any persons acting by, through, under, or in concert with any of them, excluding the
Municipality and/or any Municipality Agents, as defined herein. "County Agent" and/or
"County Agents" shall also include any person who was a County Agent anytime during
the term of this Contract but, for any reason, is no longer employed, appointed, or elected
and serving as a County Agent.
1.2. "Equalization Division Personnel" as used in this Contract shall be defined as a specific
subset of, and included as part of the larger group of County Agents as defined above,
and shall be further defined as any and all County Agents specifically employed and
assigned by the County to work in the Equalization Division of the County's Department of
Management and Budget as shown in the current County budget and/or personnel
records of the County. For any and all purposes in this Contract, any reference to County
Agents shall also include within that term any and all Equalization Division Personnel, but
any reference in this contract to Equalization Division Personnel shall not include any
County Agent employed by the County in any other function, capacity or organizational
unit of the County other than the Equalization Division of the Department of Management
and Budget.
1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include any and all
Municipality officers, elected officials, appointed officials, directors, board members,
council members, authorities, boards, committees, commissions, employees, managers,
departments, divisions, volunteers, agents, representatives, and/or any such persons'
successors or predecessors, agents, employees, attorneys, or auditors (whether such
persons act or acted in their personal, representative, or official capacities), and/or any
and all persons acting by, through, under, or in concert with any of them, except that no
County Agent shall be deemed a Municipality Agent and conversely, no Municipality Agent
shall be deemed a County Agent. "Municipality Agent" shall also include any person who
was a Municipality Agent at any time during this Contract but for any reason is no longer
employed, appointed, or elected in that capacity.
1.4. "Claim(s)" shall be defined to include any and all alleged losses, claims, complaints,
demands for relief or damages, suits, causes of action, proceedings, judgments,
deficiencies, liability, penalties, litigation costs and expenses, including, but not limited to,
any reimbursement for reasonable attorney fees, witness fees, court costs, investigation
and/or litigation expenses, any amounts paid in settlement, and/or any other amounts,
liabilities or Claim(s) of any kind whatsoever which are imposed on, incurred by, or
asserted against either the County and/or any County Agent, as defined herein, or any
Claim(s) for which the County and/or any County Agent may become legally and/or
contractually obligated to pay or defend against, or any other liabilities of any kind
whatsoever, whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the common
law, whether in law or equity, tort, contract, or otherwise, and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County and/or any
County Agent to any third-person, the Municipality, including any Municipality Agent or any
Municipality Taxpayer under or in connection with this Contract or are based on or result
in any way from the County's and/or any County Agent's participation in this Contract.
1.5. "Municipality Taxpayer" shall be defined as any and all residents, property owners,
person, or taxable entities within the Municipality, or their representatives or agents, who
may be liable or responsible for any property taxes assessed by the Municipality pursuant
to any applicable State Property Tax Laws.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ROYAL OAK
Page 2
1.6. "State" shall be defined as the "State of Michigan," a sovereign governmental entity of the
United States, and shall also include within its definition any and all departments or
agencies of State government including specifically, but not limited to, the State Tax
Commission, the State Tax Tribunal, and/or the State Department of Treasury.
§ 2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that the full
and complete scope of any and all County Equalization Division Assistance Services shall be as
described and limited in the following subsections (hereinafter defined and referred to as either
"Equalization Division Assistance Services" or "Services").
2.1. "EQUALIZATION DIVISION ASSISTANCE SERVICES" OR "SERVICES" TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be performed
by County for the Municipality as those terms are defined in this Contract, shall only
include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of real and personal property
through the 2001 and 2002 tax years as required by laws of the State of
Michigan. The County agrees to make assessments of both real and personal
property within the Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new property, process all real
and personal property description changes, prepare the assessment roll for real
and personal property in the Municipality; attend March, July and December
Boards of Review and other such duties as required by the State General
Property Tax Laws. The Equalization Division personnel will also process all
State Tax Tribunal appeals and appear at all hearings with the Municipality before
the Tax Tribunal, as long as there is a current contract in effect.
2.2. PURPOSE OF COUNTY "SERVICES" The Parties agree that the purpose of any and all
"Equalization Division Assistance Services" or "Services" to be performed under this
Contract shall be to assist (e.g., to help, aid, lend support, and/or participate in as an
auxiliary, to contribute effort toward completion of a goal, etc.) the Municipality in the
performance of that Municipality's official functions, obligations, and Municipality's legal
responsibilities for property tax appraisal and assessment pursuant to the applicable State
Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and all
"Equalization Division Assistance Services" or "Services" to be provided by the County for
the Municipality under this Contract shall be performed solely and exclusively by the
County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the County in
such numbers and based on such appropriate qualifications and other factors as
decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively responsible for
furnishing all Equalization Division Personnel with all job instructions, job
descriptions and job specifications and shall in all circumstances control,
supervise, train or direct all Equalization Division Personnel in the performance of
any and all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, the Parties agree and warrant
that, at all times and for all purposes relevant to this Contract, the County shall
remain the sole and exclusive employer of all County Agents and Equalization
Division Personnel and that the County shall remain solely and completely liable
for any and all County Agents' past, present, or future wages, compensation,
overtime wages, expenses, fringe benefits, pension or retirement benefits, travel
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ROYAL OAK
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expenses, mileage allowances, training expenses, transportation costs, and/or
other allowances or reimbursements of any kind, including, but not limited to,
workers' 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
County Agent's employment status.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create, change,
grant, modify, supplement, supersede, alter, or otherwise affect or control, in any
manner, form, or at any time, any right, privilege, benefit, or any other term or
condition of employment, of any kind or nature whatsoever, in, upon, or for any
County Agent or Equalization Division Personnel with the County, any applicable
' County employment and/or union contract, and/or any County rule(s),
regulation(s), hours of work, shift assignment, order(s), policy(ies), procedure(s),
directive(s), ethical guideline(s), etc., which shall, solely and exclusively, govern
and control the employment relationship between the County and any County
Agent or Equalization Division Personnel and/or the conduct and actions of any
County Agent or any Equalization Division Personnel. To illustrate, but not
otherwise limit, this Contract does not and shall not be interpreted to limit, modify,
control, or otherwise affect, in any manner:
2.3.4.1 The County's sole and exclusive right, obligation, responsibility, and
discretion to employ, compensate, assign, reassign, transfer, promote,
reclassify, discipline, demote, layoff, furlough, discharge any Equalization
Division Personnel and/or pay any and all Equalization Division
Personnel's wages, salaries, allowances, reimbursements,
compensation, fringe benefits, or otherwise decide any and all such
terms and conditions of employment and make any and all employment
decisions that affect, in any way, the employment of any Equalization
Division Personnel with the County, subject only to its applicable
collective bargaining Contracts.
2.3.4.2 The County's sole and exclusive right, obligation, and responsibility to
determine, establish, modify, or implement any and all operational
policies, procedures, orders, rules, regulations, ethical guidelines, and/or
any other judgment, policy or directive which, in any way, governs or
controls any activity of any County Agent or Equalization Division
Personnel, any necessary County Agent or Equalization Division
Personnel's training standards or proficiency(ies), any level or amount of
required supervision, any and all standards of performance, any
sequence or manner of performance, and any level(s) of experience,
training, or education required for any Equalization Division Personnel
performing any County duty or obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the terms of
this Contract and/or laws of this State, no County Agent or Equalization Division
Personnel, while such person is currently and/or actively employed or otherwise
remains on the payroll of the County as a County Agent shall be employed,
utilized, or perform any other services, of any kind, directly or indirectly, in any
manner or capacity, or otherwise be available to perform any other work or
assignments by or for the Municipality during the term of this Contract. This
section shall not prohibit the Municipality from employing any person who was a
former County Agent but is no longer employed in that capacity by the County.
2.3.6. Except as otherwise expressly provided by the Contract and/or applicable State
law, the Parties agree and warrant that neither the County, nor any County Agent,
nor any Equalization Division Personnel, by virtue of this Contract or otherwise,
shall be deemed, considered or claimed to be an employee of the Municipality
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ROYAL OAK
Page 4
and/or a Municipality Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any Equalization
Division Personnel with any job instructions, job descriptions, job specifications,
or job duties, or in any manner attempt to control, supervise, train, or direct any
Personnel in the performance of any County's Equalization Division Assistance
Services duty or obligation under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY "SERVICES" Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services " or assistance to the
Municipality or assume any additional responsibility for assisting the Municipality in any
other way or manner with any Municipality obligations under any and all State Property
Tax Laws, including, but not limited to, providing any attorney or legal representation to
the Municipality or any Municipality Agent at any proceeding before the Michigan Tax
Tribunal or any other adjudicative body or court, except as expressly provided for in this
Contract.
2.4.1. The Municipality 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 Municipality tax appraisal or assessment functions or
any other Municipality legal obligation under any applicable State Property Tax
Laws. The Municipality shall employ and retain its own Municipality legal
representation, as necessary, to defend any such claim or challenge before the
State Tax Tribunal or any other court or review body.
2.4.2. Except for those express statutory and/or regulatory obligations incumbent only
upon licensed Equalization Division Personnel (i.e., State Licensed and Certified
Real and/or Personal Property Tax Assessors) to defend property tax appraisals
and assessments that they either performed, or were otherwise performed under
their supervision, before the Michigan Tax Tribunal, the Parties agree that no
other County Agents, including any County attorneys shall be authorized, required
and/or otherwise obligated under this Contract or pursuant to any other
agreement between the Parties to provide any legal representation to or for the
Municipality and/or otherwise defend, challenge, contest, appeal, or argue on
behalf of the Municipality before the Michigan Tax Tribunal or any other review
body or court.
§ 3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on the
effective date of this Contract, as otherwise provided herein, and shall end on June 30, 2002,
without any further act or notice from either Party being required. Any and all County Services
otherwise provided to the Municipality prior to the effective date of this Contract, shall be subject
to the terms and conditions provided for herein.
§ 4. NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Except as expressly
provided for in this Contract, the Municipality agrees that this Contract does not, and is not
intended to, transfer, delegate, or assign to the County, and/or any County Agent or Equalization
Division Personnel any civil or legal responsibility, duty, obligation, duty of care, cost, legal
obligation, or liability associated with any governmental function delegated and/or entrusted to the
Municipality under any applicable State Property Tax Laws.
4.1. The Municipality 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 Municipality tax appraisal or assessment functions or any other Municipality
legal obligation. The Municipality agrees that under no circumstances shall the County be
responsible for any and all costs, obligations, and/or civil liabilities associated with its
Municipality function or any responsibility under any State Property Taxes Law.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ROYAL OAK
Page 5
4.2. The Municipality 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 Municipality may incur shall not become a debt, liability, obligation or
Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for the
ultimate completion of any and all Municipality duties or obligations under any and all
applicable State Property Tax Laws. Nothing in this Contract shall relieve the Municipality
of any Municipality duty or obligation under any applicable State Property Tax Law.
4.4. The Municipality and Municipality Agents shall be and remain responsible for compliance
with all federal, State, and local laws, ordinances, regulations, and agency requirements
in any manner affecting any work or performance of this Contract or with any Municipality
duty or obligation under any applicable State Property Tax Law.
NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The Parties
reserve to themselves any rights and obligations related to the provision of any and all of each
Party's respective governmental services, authority, responsibilities, and obligations. Except as
expressly provided otherwise herein, this Contract does not, and is not intended to, create,
diminish, delegate, transfer, assign, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, civil or legal responsibility, obligation, duty of care,
liability, capacity, immunity, authority or character of office of either the Party to any other person
or Party.
5.1. The Parties further agree, notwithstanding any other term or condition in this Contract,
that no provision in this Contract is intended, nor shall it be construed, as a waiver of any
governmental immunity, as provided by statute or applicable court decisions, by either
Party, either for that Party and/or any of that Party's County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall be
deemed to, in any way, limit or prohibit the Oakland County Board of Commissioners
statutory rights and obligations to review and/or further equalize Municipality property
values or tax assessments and/or further act upon any Municipality assessment(s) of
property taxes under any applicable State Property Tax Laws, including, but not limited to
challenging any Municipality assessment before the Michigan Tax Tribunal.
§ 6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County: For the contract years 2000-2001 and 2001-2002, the
sum of $12.26 per year for real property description and $10.14 per year for personal property
description rendered during the life of this Contract. Payment for the contract year 2000-2001 is
due and payable on or before July 1, 2001. Payment for the contract year 2001-2002 is due and
payable on or before July 1, 2002. If during the term of this Contract, there are additional services
requested of the County, the Parties shall negotiate additional fees to be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working hours to
be billed at the applicable Equalization Division personnel's overtime rate and charged to
the Municipality over and above any other fees described in this Contract, with the
following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality 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 Municipality agrees to be responsible for all photographic supplies.
6.3. The Municipality further agrees that if there is any amount due and owing to the County
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ROYAL OAK
Page 6
§ 5.
under this Contract, which is still unpaid at the time the County distributes funds to the
Municipality 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 Contract.
§ 7. LIABILITY The Municipality further agrees that the County shall not be liable to the Municipality
for any and all Claim(s), except as otherwise expressly provided for in this Contract.
7.1. The Parties agree that this Contract does not and is not intended to create or include any
County warranty, promise, covenant or guaranty, either express or implied, of any kind or
nature whatsoever in favor of the other Municipality, and/or any Municipality Agents, or
any Municipality Taxpayer or any other person or entity, or that the County's efforts in the
performance of any obligation under this Contract will result in any specific monetary
benefit or efficiency, or increase in any tax revenue for the Municipality, or will result in
any specific reduction or increase in any property assessment, or guarantee that any
County services provided under this Contract will withstand any challenge before the
State Tax Tribunal or any court or review body, or any other such performance-based
outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of any term or
condition of this Contract by either the County or any County Agent, the County and/or
any County Agent shall not be liable to the Municipality for any indirect, incidental, special
or consequential damages, including, but not limited to any replacement costs for County
Services, any loss of income or revenue, and/or any failure by the Municipality to meet
any Municipality obligation under any applicable State Property Tax Laws, or any other
economic benefit or harm that the Municipality may have realized, but for any alleged
breach, wrongful termination, default and/or cancellation of this Contract, or damages
beyond or in excess of the amount(s) of any amount paid to, received or retained by the
County at the time of the alleged breach or default in connection with or under the terms
of this Contract, whether such alleged breach or default is alleged in an action in
contract or tort and/or whether or not the Municipality has been advised of the possibility
of such damages. This provision and this Contract is intended by the Parties to allocate
the risks between the Parties, and the Parties agree that the allocation of each Party's
efforts, costs, and obligations under this Contract reflect this allocation of each Party's risk
and the limitations of liability as specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all alleged
losses, claims, complaints, demands for relief or damages, suits, causes of action,
proceedings, judgments, deficiencies, liability, penalties, litigation costs and expenses,
including, but not limited to, any reimbursement for reasonable attorney fees, witness
fees, court costs, investigation and/or litigation expenses, any amounts paid in settlement,
and/or any other amounts, liabilities of any kind whatsoever which are imposed on,
incurred by, or asserted against the Municipality or any Municipality Agent by any third
person, including but not limited to any Municipality Agent or Municipality Taxpayer,
arising out of any activities or Services to be carried out by any County Agent in the
performance of this Contract, the Municipality hereby agrees that it shall have no rights
pursuant to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication) contribution,
subrogation, or other right to be reimbursed by the County and/or any of County Agents
based upon any and all legal theories or alleged rights of any kind, whether known or
unknown, for any and all alleged losses, claims, complaints, demands for relief or
damages, judgments, deficiencies, liability, penalties, litigation costs and expenses of any
kind whatsoever which are imposed on, incurred by, or asserted against either the
Municipality and which are alleged to have arisen under or are in any way based or
predicated upon this Contract.
§ 8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY The Municipality agrees
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ROYAL OAK
Page 7
that it shall be solely and exclusively responsible, during the term of this Contract, for
guaranteeing that all Municipality Agents fully cooperate with Equalization Division Personnel in
the performance of all County Services under this Contract.
8.1. The Municipality shall employ and assign qualified Municipality Agents, as defined in this
Contract, as necessary and appropriate to provide for any and all of Municipality's legal
obligations for collecting any and all property taxes pursuant to all applicable State
Property Tax Laws. Municipality Agents shall be employed and assigned based on
appropriate qualifications and other factors as decided by the Municipality. The
Municipality agrees that it shall be solely responsible for furnishing all Municipality Agents
with all job instructions, job descriptions and job specifications and shall solely control,
direct, and supervise all Municipality Agents and shall be solely responsible for the means
and manner in which Municipality's duties or obligations under any applicable State
Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and all
Municipality Agents' past, present, or future wages, compensation, overtime wages,
expenses, fringe benefits, pension or retirement benefits, travel expenses, mileage
allowances, training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including, but not limited to, workers' 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 Municipality Agent's employment status or any alleged violation of
any Municipality Agent's statutory, contractual (e.g., union, employment, or labor
contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County from
and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County or any County Agent by any Municipality Agent and/or which are based
upon, result from, or arise from, or are in any way related to any Municipality Agent's
wages, compensation, benefits, or other employment-related or based rights, including,
but not limited to, those described in this section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract or
otherwise, be considered or claimed to be an employee of the County and/or a County
Agent. This Contract does not grant or confer, and shall not be interpreted to grant or
confer, upon any Municipality Agents or any other individual any status, privilege, right, or
benefit of County employment or that of a County Agent.
§ 9. INDEPENDENT CONTRACTOR The Parties agree that at all times and for all purposes under
the terms of this Contract, the County's and/or any and all County Agents' legal status and
relationship to the Municipality shall be that of an Independent Contractor. Except as expressly
provided herein, each Party will be solely responsible for the acts of its own employees, Agents,
and servants during the term of this Contract. 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 Contract.
§ 10. COUNTY PRIORITIZATION OF COUNTY RESOURCES The Municipality acknowledges and
agrees that this Contract does not, and is not intended to, create either any absolute right in favor
of the Municipality, 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 Municipality.
INDEMNIFICATION The Municipality 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 any County Agent was solely negligent or at fault. However, the Municipality 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 Municipality Agent under any circumstances or by any person which are based
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ROYAL OAK
Page 8
§11.
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 Municipality and/or any Municipality Agent,
including, but not limited to: (a) any alleged breach of legal duty to any person by the Municipality
and/or any Municipality Agent; (b) any alleged failure by the Municipality or any Municipality
Agent to comply with any Municipality duty or obligation in this Contract; and/or (c) any other
Claim(s) based in any way upon any Municipality or Municipality Agent's services, buildings,
equipment, or any other event, occurrence, duty, or obligation related or attendant thereto.
§ 12. CANCELLATION OR TERMINATION OF THIS CONTRACT Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party, upon
a minimum of ninety (90) calendar days written notice to the other Party, may cancel and/or
completely terminate this Contract for any reason, including convenience, without incurring any
penalty, expense, or liability to the other Party. The effective date for any such termination is to be
clearly stated in the notice.
12.1. At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality
and/or County obligations under this Contract, except those rights and obligations
expressly surviving cancellation as provided for in this Contract, shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but not limited
to, any and all indemnification and hold harmless promises, waivers of liability, record-
keeping requirements, any Municipality payment obligations to the County, 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 completion of this Contract, shall
survive the cancellation or completion of this Contract.
§ 13. EFFECTIVE DATE. CONTRACT APPROVAL. AND AMENDMENT The Parties agree that this
Contract, and/or any subsequent amendments thereto, shall not become effective prior to the
approval by concurrent resolutions of both the Oakland County Board of Commissioners and the
Charter Township of Royal Oak Board of Trustees. The approval and terms of this Contract,
and/or any possible subsequent amendments thereto, shall be entered in the official minutes and
proceedings of both the Oakland County Board of Commissioners and the Charter Township of
Royal Oak Board of Trustees and shall also be filed with the office of the Clerk of the County and
the Clerk for the Charter Township of Royal Oak.
§ 14. The Parties agree that this Contract, and/or any possible subsequent amendments, shall be filed
with the Michigan Secretary of State and this Contract, and/or any possible subsequent
amendments, shall not become effective prior to this required filing with the Secretary of State.
14.1. The Parties agree that except as expressly provided herein, this Contract shall not be
changed, supplemented, or amended, in any manner, except as provided for herein, and
no other act, verbal representation, document, usage or custom shall be deemed to
amend or modify this Contract in any manner.
§ 15. NO THIRD-PARTY BENEFICIARIES Except as expressly provided herein for the benefit of the
Parties (i.e., County or Municipality), this Contract does not, and is not intended to, create, by
implication or otherwise, any direct or indirect obligation, duty, promise, benefit, right to be
indemnified (i.e., contractually, legally, equitably, or by implication) and/or any right to be
subrogated to any Party's rights in this Contract, and/or any other right of any kind, in favor of any
person, including, but not limited to, any County Agent or Municipality Agent or any Municipality
Taxpayer, any Taxpayer's legal representative, any organization, any alleged unnamed beneficiary
or assignee, and/or any other person.
§ 16. CONSTRUED AS A WHOLE The language of all parts of this Contract 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 Contract, the singular or plural number, possessive or
nonpossessive shall be deemed to include the other whenever the contest so suggests or
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ROYAL OAK
Page 9
requires.
§ 17. CAPTIONS The section headings or titles and/or all section numbers contained in this Contract
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 Contract.
§ 18. NOTICES. Except as otherwise expressly provided for herein, any and all correspondence,
invoices, and/or any other written notices required, permitted or provided for under this Contract to
be delivered to either Party shall be sent to that Party by first class mail. All such written notices,
including any notice canceling or terminating this Contract as provided for herein, shall be sent to
the other Party's signatory to this Contract, or that signatory's successor in office, at the
addresses shown in this Contract. All correspondence or written notices shall be considered
delivered to a Party as of the date that such notice is deposited with sufficient postage with the
U.S. Postal Service.
§ 19. WAIVER OF BREACH The waiver of a breach of any provision of this Contract 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. ENTIRE CONTRACT This Contract, consisting of a total of eleven (11) pages, sets forth the
entire agreement between the County and the Municipality 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 Municipality 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 as otherwise provided herein.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ROYAL OAK
Page 10
EXECUTED:
rry L ad fownship Supervisor
Charter ownship of Royal Oak
WITNESSED: /J/i,ce
71/
For and in consideration of the mutual assurances, promises, acknowledgments, warrants,
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 undersigned hereby execute this Contract
on behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms and conditions
of this Contract.
IN WITNESS WHEREOF, Jerry L. Saddler, Township Supervisor of the Charter Township of Royal Oak,
hereby acknowledges that he has been authorized by a resolution of the Charter Township of Royal Oak
Board of Trustees, a certified copy of which is attached, to execute this Contract on behalf of the
Municipality and hereby accepts and binds the Municipality to the terms and conditions of this Contract.
G-vrendolyn W. Tiller, Clerk
Charter Township of Royal Oak
DATE: /0/1.110.,)
DATE:
IN WITNESS WHEREOF, John P. McCulloch, Chairperson, Oakland County Board of Commissioners,
hereby acknowledges that he has been authorized by a resolution of the Oakland County Board of
Commissioners, a certified copy of which is attached, to execute this Contract on behalf of the Oakland
County, and hereby accepts and binds the Oakland County to the terms and conditions of this Contract.
EXECUTED:
John FiMpOulloch, Chairperson
Oaklandj qounty Board of Commissioners
WITNESSED: / DATE: /2/15/00
G. William Caddell, Clerk, Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ROYAL OAK
Page 11
DATE: f..;2 /t2 47 0
Resolution #00297 November 30, 2000
Moved by Douglas supported by Millard the resolutions on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Appel, Buckley, Causey-Mitchell, Coleman, Dingeldey, Douglas,
Galloway, Garfield, Gregory, Jensen, Law, McPherson, Melton, Millard,
Moffitt, Obrecht, Palmer, Patterson, Sever, Suarez, Taub, Amos. (22)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolutions on the
Consent Agenda were adopted (with accompanying reports accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, 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 November 30, 2000 with the original
record thereof now remaining in my office.
In Testimony Whereof, I have hereunto setmy , hand 5itd affixed the seal of the
County of Oakland at Pontiac, Michigan this dth 4try of Novemker, 2000.
G. William Caddell, County Clerk
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