HomeMy WebLinkAboutInterlocal Agreements - 2022.06.23 - 37556CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF COMMERCE
(Real and Personal Property Services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE,
SERVICES WITH THE CHARTER TOWNSHIP OF COMMERCE (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 COMMERCE, a Michigan
Constitutional and Municipal Corporation whose address is 2009 Township Drive, Commerce
Township, Michigan 48390 (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 State law, including, but not limited to, the Michigan
General Property Tax Act (MCL 211.1, at 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 legally mandated 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 agree as follows:
§1. DEFINED TERMS. In addition to the above defined terms (i.e., "Contract", "County",
"Municipality", and "Party" and "Parties"), the following words and expressions when
printed with the first letter capitalized as shown herein, whether used in the singular or
1.5. "Municipality Taxpayer" means all residents, property owners, persons, 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.
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 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 full and complete
scope of 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 from July 1, 2022 to June 30, 2023 as required by laws of the
State of Michigan. The County shall make assessments of real and
personal property within the Municipality pursuant to MCL 211 A Od.
2.1.2. The Equalization Division personnel will appraise all 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 be available for consultation on all Michigan Tax
Tribunal real and personal property and special assessment appeals and
will assist the Municipality in the preparation of both the oral and written
defense of appeals, as long as there is a current Contract in effect.
2.2. PURPOSE OF COUNTY "SERVICES". The purpose of 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 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 the
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. 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.
2.3.1. Equalization Division Personnel, including those certified as Michigan
Master Assessing Officers (MMAO), 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.
training standards or proficiency(ies), any level or amount of
required supervision, 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. 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, 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 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 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 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
5.1. 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. The Municipality shall pay to the County the following: For the
contract year 2022-2023 the sum of $19.29 for each real property description and $14.13
for each personal property description rendered. Payment for the contract year 2022-
2023 is payable on or before July 1, 2023.
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 bylaw under MCL § 211.30(3).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality shall be responsible for postage on all personal property
statements and personal property notices mailed relating to work performed
under this Contract. The Municipality agrees to be responsible for all
photographic supplies.
6.3. If the Municipality fails, for any reason, to pay the County any monies when and
as due under this Contract, the Municipality agrees that unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall
be entitled to a setoff from any other Municipality funds that are in the County's
possession for any reason. Funds include but are not limited to the Delinquent
Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the County
shall be deemed a voluntary assignment of the amount by the Municipality to the
County. The Municipality waives any claims against the County or its Officials for
any acts related specifically to the County's offsetting or retaining such amounts.
This paragraph shall not limit the Municipality's legal right to dispute whether the
underlying amount retained by the County was actually due and owing under this
Contract.
6.4. If the County chooses not to exercise its right to setoff or if any setoff is
insufficient to fully pay the County any amounts due and owing the County under
this Contract, the County shall have the right to charge up to the then -maximum
legal interest on any unpaid amount. Interest charges shall be in addition to any
other amounts due to the County under this Contract. Interest charges shall be
Contract reflect this allocation of each Party's risk and the limitations of liability as
specified herein.
7.3. Neither Party has any right pursuant to or under this Contract against the other
Party to or for any indemnification (i.e., contractually, legally, equitably, or by
implication) contribution, subrogation, or other right to be reimbursed by the Party
based upon any legal theories or alleged rights of any kind, whether known or
unknown, for any 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 a Party and which are alleged to have arisen under or are in any way
based or predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the
actual tax statement for mailing by the Municipality to Municipality residents. In
preparing any such tax statement the County shall rely upon certain data
provided by the Municipality beyond the data gathered by the County under this
Contract, including, but not limited to, the applicable millage rate. Under no
circumstances shall the County be held liable to the Municipality or any third
party based upon any error in any tax statement due to information supplied by
the Municipality to the County for such purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY. The Municipality
shall be solely responsible for guaranteeing that all Municipality Agents fully cooperate with
Equalization Division Personnel in the performance of all Services under this Contract. The
County shall be solely responsible for guaranteeing that all Equalization Division personnel
fully cooperate with Municipality agents in the performance of all Services under this
Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality. The Municipality
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 shall be solely liable for 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 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
number(s) or classification of County Agents will be present on any given day to provide
Services to the Municipality.
§11. 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.
11.1. 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.
11.2. All Municipality obligations, including, but not limited to, 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.
§12. EFFECTIVE DATE. CONTRACT APPROVAL. AND AMENDMENT. This Contract,
and/or any amendments thereto, shall be approved by resolutions of both the Oakland
County Board of Commissioners and the Governing Body of the Municipality. The
approval and terms of this Contract, and/or any amendments thereto, shall be entered in
the official minutes and proceedings of both the Oakland County Board of
Commissioners and the Governing Body of the Municipality and shall also be filed with
the office of the County Clerk, the Clerk for the Municipality, and the Secretary of State.
§13. NO THIRD -PARTY BENEFICIARIES. Except as expressly provided herein for the
benefit of the Parties, 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.
§14, 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 context so suggests or requires.
§15. 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.
§16. NOTICES. Except as otherwise expressly provided for herein, 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
11
BOARD OF COMMISSIONERS
AGENDA ITEM: Interlocal Agreement Equalization Resolution for Assessing Contracts for 2022-
2023 22-216
COMMITTEE MEETING: Board of Commissioners
DATE: Thursday, June 23, 2022 6:00 PM - Click to View Agenda
ITEM SUMMARY SHEET
13 PI RI ENT99K, ONSaRjfiC2.E�Y `... ,
Equalization Gwen Markham
Resolution authorizing the, Equalization Division to enter into one-year renewals of interlocal
agreements with the 32 cities and townships that the County provides property assessing services
for.
BUDGET AMENDMENT REQUIRED: No
Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at
24& 858.5115 (office) or andrewsmb(cDoakgov. com, or the department contact persons listed for
additional information.
Kyle Jen, Director Management & Budget-
APP
Terry Schultz, Chief Equalization
jenk@oakgov.com, schultzt@oakgov.com
�TEIU�Yjl(TR+4CKG
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Board of Commissioners
Created/Initiated - 6/23/2022
Board of • •ners
Approved
Executive's Off-
Approved
BOARD OF COMMISSIONERS
June 23, 2022
MISCELLANEOUS RESOLUTION #22-216
Sponsored By: Gwen Markham
Equalization - Interlocal Agreement Equalization Resolution for Assessing Contracts for 2022-2023
Chairperson and Members of the Board:
WHEREAS the Equalization Division provides a number of services to local units of government, including
original assessments, reappraisals, and file maintenance; and
WHEREAS these services are provided under contract with the local units as approved by the Board of
Commissioners; and
WHEREAS the County Executive Administration is recommending one-year renewals of these contracts,
generally with an inflationary increase in rates of 4%, so that the County can perform a comprehensive
assessment of services provided to these local units and 'ensure that appropriate rates are charged on a uniform
basis prior to entering into new three-year contracts beginning in 2023; and
WHEREAS the estimated annual impact of the 4% increase is $132,000 and a budget amendment is
recommended for FY 2022 - FY 2025.
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 covering the
term July 1, 2022 through June 30, 2023 with each of the Charter Townships of Commerce, Lyon, Milford,
Oakland, Oxford, Royal Oak and Springfield; the Townships of Groveland, Holly, Novi, Orion, Rose and
Southfield; the Cities of Berkley, Birmingham, Bloomfield Hills, Village of Clarkston, Clawson, Farmington,
Ferndale, Hazel Park, Huntington Woods, Keego'Harbor, Lathrup Village, Madison Heights, Orchard Lake
Village, Pleasant Ridge, Pontiac, Rochester, South Lyon, Walled Lake and Wixom.
BE IT FURTHER RESOLVED that the Board of Commissioners' Chairperson is authorized to sign the
contracts.
BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contract
with the concerned unit of government as required by law.
BE IT FURTHER RESOLVED that the FY 2022 - FY 2025 budget is amended as reflected in the attached
Schedule A budget amendment document.
Chairperson, the following Commissioners are sponsoring the foregoing Resolution: Gwen Markham.
Date: June 23, 2022
David Woodward, Commissioner'
au
Date: June 24, 2022
Hilarie Chambers, Deputy County Executive II
&� Date: June 24, 2022
Lisa Brown, County Clerk / Register of Deeds
COMMITTEE TRACKING
2022-06-15 Finance - recommend to Board
2022-06-23 Full Board
VOTE TRACKING
Motioned by Commissioner Charles Cavell seconded by Commissioner Michael Gingell to adopt the attached
Interlocal Agreement: Equalization Resolution fqr Assessing Contracts for 2022-2023.
Yes: David Woodward, Michael Gingell, Karen Joliat, Kristen Nelson, Eileen Kowall, Angela Powell,
Thomas Kuhn, Chuck Moss, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles
Cavell, Penny Luebs, Janet Jackson, Gary McGillivray, Robert Hoffman, Adam Kochenderfer (17)
No: Christine Long, Philip Weipert (2)
Abstain: None (0)
Absent: (0)
Passed
ATTACHMENTS
1. 2023 Real Personal Property Agreement Template (Final Draft 05-12-22)
2. M&B_Equalization - Interlocal Agrmt Equalization Assessing Contracts for 2022-2023_SchA
3. 2022-2023 RATES PER PARCEL_ EQUALIZATION DIVISION ASSISTANCE SERVICES
4. OCED Contract CVTs Map as of 2022
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, 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, 2022, 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 Circuit Court at Pontiac,
Michigan on Thursday, June 23, 2022.
Lisa Brown, Oakland County Clerk/Register of Deeds
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION, ASSISTANCE SERVICES
WITH THE <CVT>
(Real and Personal Property Services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE
SERVICES WITH THE <CVT> (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 CVT,
a Michigan Constitutional and Municipal Corporation whose address is street address Michigan,
zip code (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 State law, 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 legally mandated 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 agree as follows:
§1. DEFINED TERMS. In addition to the above defined terms (i.e., "Contract", "County",
"Municipality", and "Party" and "Parties"), 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" means all Oakland County elected officials,
appointed officials, directors, board members, council members, 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" means a specific subset of and included as
part of the larger group of County Agents as defined above and shall be further
defined as 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 all purposes in this Contract, any reference to County Agents
shall also include within that term 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" means 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 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)" mean all alleged losses, claims, complaints, demands for relief or
damages, suits, causes of,action', proceedings, judgments, deficiencies,
liabilities, 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 of any kind whatsoever which are imposed on, incurred by, or
asserted against a Party, or for which a Party may become legally and/or
contractually obligated to pay or defend against, 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 the performance or participation in this Contract.
1.5. "Municipality Taxpayer" means all residents, property owners, persons, 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.
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 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 full and complete
scope of 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 from July 1, 2022 to June 30, 2023 as required by laws of the
State of Michigan. The County shall make assessments of real and
personal property within the Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all 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 be available for consultation on all Michigan Tax
Tribunal real and personal property and special assessment appeals and
will assist the Municipality in the preparation of both the oral and written
defense of appeals, as long as there is a current Contract in effect.
2.2. PURPOSE OF COUNTY "SERVICES The purpose of 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 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 the
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, 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.
2.3.1. Equalization Division Personnel, ,including those certified as Michigan
Master Assessing Officers (MMAO), 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 County shall be solely and exclusively responsible for furnishing all
Equalization Division Personnel with 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
all Services under this Contract.
2.3.3. Except as otherwise expressly provided for herein, 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 all County 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 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 all Equalization Division Personnel's wages,
salaries, allowances, reimbursements, compensation, fringe
benefits, or otherwise decide all such terms and conditions of
employment and make 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 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, 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. 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, 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 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 all State,Properfy 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 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, 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/ot 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 the term of this Contract shall begin on July 1, 2022
and shall end on June 30, 2023, without any further act or notice from either Party being
required. All 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 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 no circumstances shall the County be
responsible for any costs, obligations, and/or civil liabilities associated with its
Municipality function or any responsibility under any State Property Tax Law.
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 Municipality shall at all times remain responsible for the ultimate completion
of all Municipality duties or obligations under 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.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY. The
Parties reserve to themselves any rights and obligations related to the provision of all of
each Party's respective governmental services, authority, responsibilities, and
obligations. Except as otherwise expressly provided 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 Party.
5.1. 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. The Municipality 'shall pay to the County the following: For the
contract year 2022-2023 the sum of xx.xx for each real property description and xx.xx
for each personal property description rendered. Payment for the contract year 2022-
2023 is payable on or before July 1, 2023.
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 bylaw under MCL § 211.30(3).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality shall be responsible for postage on all personal property
statements and personal property notices mailed relating to work performed
under this Contract. The Municipality agrees to be responsible for all
photographic supplies.
6.3. If the Municipality fails, for any reason, to pay the County any monies when and
as due under this Contract, the Municipality agrees that unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall
be entitled to a setoff from any other Municipality funds that are in the County's
possession for any reason. Funds include but are not limited to the Delinquent
Tax Revolving Fund ("DTRF"). Any setoff or retention of funds by the County
shall be deemed a voluntary assignment of the amount by the Municipality to the
County. The Municipality waives any claims against the County or its Officials for
any acts related specifically to the County's offsetting or retaining such amounts.
This paragraph shall not limit the' Municipality's legal right to dispute whether the
underlying amount retained by the County was actually due and owing under this
Contract.
6A. If the County chooses not to exercise its right to setoff or if any setoff is
insufficient to fully pay the County any amounts due and owing the County under
this Contract, the County shall have the right to charge up to the then -maximum
legal interest on any unpaid amount. Interest charges shall be in addition to any
other amounts due to the County under.this Contract. Interest charges shall be
calculated using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fully paid.
6.5. Nothing in this Section shall operate to limit the County's right to pursue or
exercise any other legal rights or remedies under this Contract against the
Municipality to secure reimbursement of amounts due the County under this
Contract. The remedies in this Section shall be available to the County on an
ongoing and successive basis if Municipality at any time becomes delinquent in
its payment. Notwithstanding any other.term and condition in this Contract, if the
County pursues any legal action in any court to secure its payment under this
Contract, the Municipality agrees to pay all costs and expenses, including
attorney's fees and court costs, incurred by the County in the collection of any
amount owed by the Municipality.
6.6. Notwithstanding any other term or condition in this Contract, should the
Municipality fail for any reason to timely pay the County the amounts required
under this Contract, the County may discontinue, upon thirty (30) days written
notice to the Municipality, without any penalty or liability whatsoever, any
Services or performance obligations under this Contract.
§7. LIABILITY. Each Party shall be responsible for any Claims made against that Party and
for the acts of County Agents or Municipality Agents, as applicable. In any Claims that may
arise from the performance of this Contract, each Party shall seek its own legal
representation and bear the costs associated, with such representation including any
attorney fees.
7.1. 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 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.pbligation 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 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 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. Neither Party has any right pursuant to or under this Contract against the other
Party to or for any indemnification (i.e., contractually, legally, equitably, or by
implication) contribution, subrogation, or other right to be reimbursed by the Party
based upon any legal theories or alleged.rights of any kind, whether known or
unknown, for any 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 a Party and which are alleged to have arisen under or are in any way
based or predicated upon this Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the
actual tax statement for mailing by the Municipality to Municipality residents. In
preparing any such tax statement the County shall rely upon certain data
provided by the Municipality beyond the data gathered by the County under this
Contract, including, but not limited to, the applicable millage rate. Under no
circumstances shall the County be held liable to the Municipality or any third
party based upon any error in any tax statement due to information supplied by
the Municipality to the County for such purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY. The Municipality
shall be solely responsible for guaranteeing that all Municipality Agents fully cooperate with
Equalization Division Personnel in the performance of all Services under this Contract. The
County shall be solely responsible for guaranteeing that all Equalization Division personnel
fully cooperate with Municipality agents in the performance of all Services under this
Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality. The Municipality
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 shall be solely liable for 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 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. 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,
8.4. The Municipality shall provide the County with information regarding any activity
affecting the tax status of any parcel including but not limited to the following:
Downtown Development Authorities, Redevelopment Plans, Tax Increment
Financing Authorities. In addition, the Municipality shall notify the County
immediately of approval of any application for abatement or tax exemption.
8.5. The Municipality shall inform the County Agents regarding any increase in
taxation which is governed by the Truth in Taxation Act. Further, the Municipality
shall inform the County Agents regarding any millage increase (new) or renewal.
8.6. The Municipality is responsible for Special Assessment billings, maintaining a
paper trail of roll changes, maintaining the rolls in balance, and providing the
Oakland County Equalization Division with the information necessary to prepare
the warrant.
8.7. The Municipality Agents shall perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly
basis using the County's Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the
County's Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy, and compilation of all
Special Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and all other documents affecting the status or value of
property located within the Municipality to the County's Equalization
Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County's Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to
undertake the tasks in Section 8.7 above, the County's Equalization Division may
perform'these tasks and it shall be paid on a time and material basis. Such rate
shall be based upon the wages plus benefits of the County Agents performing
said tasks.
§9. INDEPENDENT CONTRACTOR. The County's and/or County Agents' legal status and
relationship to the Municipality shall be that of an Independent Contractor. 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. 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
Services to the Municipality.
§11. 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.
11.1. 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.
11.2. All Municipality obligations, including, but not limited to, 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.
§12. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT. This Contract,
and/or any amendments thereto, shall be approved by resolutions of both the Oakland
County Board of Commissioners and the Governing Body of the Municipality. The
approval and terms of this Contract, and/or any amendments thereto, shall be entered in
the official minutes and proceedings of both the Oakland County Board of
Commissioners and the Governing Body of the Municipality and shall also be filed with
the office of the County Clerk, the Clerk for the Municipality, and the Secretary of State.
§13. NO THIRD -PARTY BENEFICIARIES. Except as expressly provided herein for the
benefit of the Parties, 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.
§14. 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 context so suggests or requires.
§15. 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.
§16. NOTICES. Except as otherwise expressly provided for herein, 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.
§17. 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.
§18. ENTIRE CONTRACT. This Contract sets forth the entire agreement between the County
and the Municipality and supersedes all prior agreements or understandings between
them in any way related to the subject matter hereof. All 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.
The undersigned execute this Contract on behalf of the Parties and by doing so legally obligate
and bind the Parties to this Contract.
IN WITNESS WHEREOF, Name of Mayor, Mayor of the <CVT> acknowledges that he has been
authorized by a resolution of the Governing Body of the <CVT> to execute this Contract and
accepts and binds the <CVT> to this Contract.
EXECUTED:
WITNESSED:
Name of Mayor, Mayor
<CVT>.
Name of Clerk, Clerk
<CVT>.
DATE:
DATE:
IN WITNESS WHEREOF, David T. Woodward, Chairperson, Oakland County Board of
Commissioners, acknowledges that he has been authorized by a resolution of the Oakland
County Board of Commissioners to execute this Contract and accepts and binds Oakland
County to this Contract.
EXECUTED: DATE:
David T. Woodward, Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
(Print Name) DATE:
County of Oakland
R ASSESSING FOR2022-2023
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CVT
(Cities)
Berkley
Birmingham
Bloomfield Hills
Clarkston
Clawson
Farmington
Ferndale
Hazel Park
Huntington Woods
Keego Harbor
Lathrup Village
Madison Heights
Orchard Lake
Pleasant Ridge
Pontiac
Rochester
South Lyon
Walled Lake
Wixom
(Townships)
Commerce
Groveland
Holly
Lyon
Milford
Novi
Oakland
Orion
Oxford
Rose Township
Royal Oak
Southfield
Springfield
EQUALIZATION DIVISION
ASSISTANCE SERVICES
2022-2023
2022-2023
RATE PER
RATE PER
PARCEL
PARCEL
REAL
PERSONAL
PROPERTY
PROPERTY.
$ 15.00
$
$ 19.50
$
$ 20.04
"$
$ 15.43
. $
$ 16.00
$
$ 18.76
$
$ 16.00
$
$ 13.40
$
$ 16.00
$
$ 16.43
1$
$ 15.43
$
$ 16.39
$
$ 26.48
$
$ 15.00
$
$ 16.39
$
$ 15.43
1
$ 15.31
$
$ 15,43
$
$ 18.76
$
13.72
14.25
14.6$
13.72
13.72
13.72
13.72
13.29
14.26
13.72
13.72 .
13.72
13.70
13.72
14.68
13.72
12.64
13.72
14.25
19.29
'$
14.13
15.00
$
13.72
16.17
.$
13.72
16.17
$
13,72
16.17
.$
13.72
15.86
$
15.86
17.68
$
13.72
16.62
$
13.72
16.62
$.
13.72.
16.39
-$ _
13.72
14.68
$
12.1d
16.17
$
13.72
15.86
$.'
14.36
Holly
Holl
F�nton y
Rose
Oakland Countv Equalization Division
Contracted CVTs as of 2022
Oxford
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CHARTER TOWNSHIP OF COMMERCE
2009 Township Drive
Commerce Township, Michigan 48390
REGULAR TOWNSHIP BOARD MEETING
Tuesday, May 10, 2022 at 7:00 p.m.
AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
PRESENTATIONS
A. OCSO NET Program
ITEM 1. APPROVAL OF AGENDA
ITEM 2: PUBLIC COMMENTS
April 12, 2022 Regular Township Board Meeting
April 13, 2022 Special Township Board Meeting
April 19, 2022 Special Township Board Meeting
ITEM 3: PUBLIC HEARINGS .
A. Roll Resolution — Dickert Street Water Main SAD
B. Roll Resolution - Boyer Street Paving, SAD
ITEM 4: BOARD APPOINTMENTS
A. Bill McKeever — Reappointment to the Planning Commission for a 3-Year Term Ending
June 30, 2025
B. Bill McKeever — Reappointment to the Zoning Board of Appeals for a 3-Year Term Ending
July 31, 2025
C. Laura Watei-worth — Appointment to the Parks and Recreation Committee for a 4-Year
Term Ending May 31, 2026
ITEM 5: CONTRACT AWARDS AND AGREEMENTS
A. Oakland County Equalization Division Contract Extension
ITEM 6: ADOPTIONS,
A. An Ordinance to Amend the Code of Ordinances to be Known as Code Amendment
Ordinance No. 1.057 — Sidewalks and Recreational Pathways
B. An Ordinance to Amend Article 30, Sections,30.03 and 30.04 of Zoning Ordinance 3.000 to
be Known as Zoning Amendment Ordinance No. 3.055 — Setbacks for Freestanding Signs
ITEM 7: CONSENT AGENDA
A. Establishment of Temporary Precinct Locations for the August 2, 2022 State Primary
Election
B. Resolution Authorizing West Nile,Virus Fund Expense Reimbursement Request
ITEM 8: NEW BUSINESS
A. Parcel C — Unit 3, Commerce Towne Place — DDA
B. Asbestos Surveys
C. Intention Resolution —Whitlow Court Paving SAD
D. Michigan Finance Authority SRF Loan and Capital Improvement Bonds
ITEM 9: ORDERS
ITEM 10: OTHER MATTERS
ITEM 11: ADJOURNMENT
PUBLIC NOTICE
CHARTER TOWNSHIP OF COMMERCE
County of Oakland, State of Michigan
BOARD OF TRUSTEE MEETING OF MAY 10, 2022
NOTICE OF PROPOSED PLEDGE OF FULL,FAITH AND CREDIT (GENERAL
OBLIGATION - LIMITED TAX) OF THE CHARTER TOWNSHIP OF COMMERCE
At its regular meeting the Board of Trustees (the "Trustees") of the Charter Township of
Commerce (the "Township"), to be held at 7:00 'o' clock p.m. on May 10, 2022 at 2009 Township
Drive, the Trustees will consider a Resolution to authorize the issuance of not to exceed
$5,500,000 in principal amount of Capital Improvement Bonds (General Obligation — Limited
Tax) payment of principal and interest on which will be secured by (1) an irrevocable pledge of
revenues from the revenues received by the Township from the operations of the water supply
system, which will consist of rates and charges billed to the users of the system pursuant to the
Act 34, Public Acts of Michigan, 2001, as amended ("Act 34"), and (2) a pledge of the full faith
and credit of the Township, subject to the applicablelocal law, state law, and constitutional
limitations.
This notice is given pursuant to the requirements of Act 34, Public Acts of Michigan, 2001, as
amended.
CHARTER TOWNSHIP OF COMMERCE
TOWNSHIP BOARD OF TRUSTEES MEETING
May 10, 2022
2009 Township Drive
Commerce Township, Michigan 48390
CALL TO ORDER: Supervisor Larry Gray called the meeting to order at 7:00 p.m. and
introduced the members of the Board.
PLEDGE OF ALLEGIANCE
ROLL CALL: Present: Larry Gray, Supervisor
Melissa Creech, Clerk
Molly Phillips, Treasurer
Vanessa Magner, Trustee
Rick Sovel, Trustee
George Weber, Trustee
Absent: Robert Berkheiser, Trustee (excused)
Also Present:Hans Rentrop, Township Attorney
Deborah Watson, DDA Director
Dave Campbell; Planning Director
James Dundas, Fire Chief
Emily England, Senior/Parks and Recreation Director
Jay James, Building Official
Jason Mayer, Giffels Webster Engineers
Mark Schoder, Maintenance Director
APPROVAL OF MINUTES
MOTION by Sovel, supported by Creech, to approve the April 12, 2022 Regular
Township Board Meeting minutes, the April 13, 2022 Special Township Board Meeting
minutes, and the April 19, 2022 Special Township Board Meeting minutes, as
submitted. MOTION CARRIED UNANIMOUSLY
PRESENTATIONS
A. OCSO NET Program
Cancelled.
Page 2 of 7 1 1, May 10, 2022
Regular Township Board of Trustees Meeting
ITEM 1:5-10 APPROVAL OF AGENDA
MOTION by Save[, supported by Magner, to approve the May 10, 2022 agenda with the
following change: add ITEM 8: OLD BUSINESS A. Windmill Farms Update to the
agenda. MOTION CARRIED UNANIMOUSLY
ITEM 2:5-10 PUBLIC COMMENTS
Supervisor Gray opened Public Comments. `
County Commissioner Christine Long, 1342 E. Commerce Road, updated the Board
regarding a Fair Housing Resolution passed by the County Board of Commissioners
and a SMART millage proposal that may be on the August Primary Election ballot. Also,
Barb Garbutt is being awarded Outstanding Senior by Oakland County,
Teresa Renaud, 14205 Golden Avenue, District Director for State Senator Runestad,
said she's here to support elected officials.in the local community and wanted to
reinforce what Commissioner Long said about some very serious issues.
Supervisor Gray closed Public Comments.
ITEM 3:5-10 PUBLIC HEARINGS
A. Establishment Resolution — Dickert Street Water Main SAD
No action taken.
B. Establishment Resolution — Boyer Street Paving SAD
No action taken.
ITEM 4:5-10 BOARD APPOINTMENTS .
A. Bill McKeever - Reappointment to the Planning Commission for a 3-
Year Term Ending June 30, 2025 .
Bill McKeever was not present. '
MOTION by Gray, supported by Weber, to reappoint Bill McKeever to the Planning
Commission for a 3-Year term ending June 30, 2025.
MOTION CARRIED UNANIMOUSLY
B. Bill McKeever - Reappointment to the Zoning Board of Appeals for a 3-Year
Term Ending July 31, 2025
MOTION by Gray, supported by Save[, to reappoint Bill McKeever to the Zoning Board
of Appeals for a 3-Year term ending July 31, 2025.
MOTION CARRIED UNANIMOUSLY
Page 3 of 7
Regular Township Board of Trustees Meeting
May 10, 2022
ITEM 4:5-10 BOARD APPOINTMENTS (continued)
C. Laura Waterworth — Appointment to the Parks and Recreation Committee
for a 4-Year Term Ending May 31, 2026
Laura Waterworth was present.
MOTION by Gray, supported by Creech, to appoint Laura Waterworth to the Parks and
Recreation Committee for a 4-Year term ending May 31, 2026,
MOTION CARRIED UNANIMOUSLY
ITEM 5:5-10 CONTRACT AWARDS AND AGREEMENTS
A. Oakland County Equalization Division Contract Extension
Supervisor Gray stated that Oakland County is in the process of hiring a new County
Equalization Director and they would like to extend all expiring contracts for one year.
MOTION by Sovel, supported by Phillips, to. authorize the signature on the contract for
Oakland County Equalization Division Assistance Services Contract extension for 1
year. MOTION CARRIED UNANIMOUSLY
ITEM 6:5-10 ADOPTIONS
A. An Ordinance to Amend the Code of Ordinances to be Known as Code
Amendment Ordinance No. 1.057 - Sidewalks and Recreational Pathways
Hans Rentrop, Township Attorney, explained the purpose of the ordinance.
Trustee Sovel's concerns are why are we requiring residents to remove snow when the
Township is not required to do so, the standards are very subjective, can the Township
pre -qualify a vendor for repair and replacement of sidewalks, to reduce costs can we
put sidewalks on only 1 side of the street, and for environmental purposes, the
Township should not require sidewalks to be salted in the winter if that sidewalk is near
a lake, stream, or river.
Hans Rentrop responded the idea is to mitigate the risk to the Township.
Trustee Weber asked what the immediate financial impact would be on residents and if
we have any idea how many linear feet of sidewalk needs immediate repair.
Jason Mayer, Township Engineer, indicated it costs approximately $200/slab for
replacement.
MOTION by Gray to approve Ordinance No: 1.057 — Sidewalks and Recreational
Pathways, with the changes as discussed for final adoption.
Trustee Magner will support the motion if the changes are listed and she asked if the
Board would see a red -lined version next month.
Page 4 of 7
Regular Township Board of Trustees Meeting
May 10, 2022
ITEM 6:5-10 ADOPTIONS (A. An Ordinance to Amend the Code of Ordinances to
be Known as Code Amendment Ordinance No. 1.057 — Sidewalks and
Recreational Pathways continued)
Hans Rentrop responded that if the Board would like to see a red -lined version then the
ordinance would have to be brought back next month for adoption.
Supervisor Gray withdrew his motion:
Hans Rentrop summarized the requested changes as removing the requirements
regarding accumulations and residential snow removal, and not requiring salting in
areas in close proximity to lakes.
No Action Taken
B. An Ordinance to Amend Article 30, Sections 30.03 and 30.04 of Zoning
Ordinance 3,000 to be Known as Zoning Amendment Ordinance No. 3.055 —
Setbacks for Freestanding Signs
Dave Campbell, Planning Director, said the Zoning Board of Appeals was repeatedly
hearing appeals regarding freestanding sign, setbacks from the road. Anytime you have
a standard in the zoning ordinance that is repeatedly being appealed, it's an opportunity
to look at that standard and determine whether it should be revised to address the
regular appeal of it.
MOTION by Sovel, supported by Weber, to adopt the ordinance to Amend Article 30,
Sections 30.03 and 30.04 of Zoning Ordinance 3,000 to be Known as Zoning
Amendment Ordinance No. 3.055 — Setbacks for Freestanding Signs.
MOTION CARRIED UNANIMOUSLY
ITEM 7:5-10 CONSENT AGENDA
A. Establishment of Temporary Precinct Locations for the August 2, 2022
State Primary Election
B. Resolution Authorizing West Nile Virus Fund Expense Reimbursement
Request
MOTION by Phillips, supported by Magner, to approve the Consent Agenda.
ROLL CALL VOTE:
AYES: Phillips, Magner, Creech, Weber, Sovel, Gray
Nays: None
Absent: Berkheiser .
MOTION CARRIED UNANIMOUSLY
Page 5 of 7 May 10, 2022
Regular Township Board of Trustees Meeting
ITEM 8:5.10 OLD BUSINESS
A. Horse Farm Update
Director Emily England updated the Board regarding the sub -committee's due diligence
regarding LP Equine Unlimited. After an in depth investigation into the business
practices, management, and employees of LP Equine Unlimited and an additional
interview with owner Lucie Ptasznik, the sub -committee decided not to recommend
continuing with LP Equine Unlimited due to' limited present priority on safety, limited
experience and present programming with the applicant and her trainers, and as
transitioning to her programming would include significant complexity.
MOTION by Weber, supported by Magner, that the Township not move forward with LP
Equine Unlimited, and the Board provide the sub -committee with the authority to identify
new alternatives up to, and including,, another potential RFP process.
MOTION CARRIED UNANIMOUSLY
ITEM 9:5-10 NEW BUSINESS
A. Parcel C — Unit 3, Commerce Towne Place — DDA
Deborah Watson, DDA Director, presented an offer and a letter of intent the DDA board
accepted last month from LaFontaine for parcel C, unit 3 of Commerce Towne Place,
which is located at the corner of Haggerty Road and Pontiac Trail. LaFontaine intends
to develop the old Dick Morris site on Haggerty Road, at Walnut Creek Road, in
conjunction with the parcel C, unit 3 development. LaFontaine presented their
conceptual review at the March 7th Planning Commission meeting regarding a trio of
projects including parcel C, the old Dick Morris dealership, and a pair of contiguous
properties on Oakley Park Road. The Oakley Park properties are not DDA-owned, but
they are in the DDA capture district. 'It has been encouraged that some sort of structure
be considered on this site, as opposed to just a parking lot. Director Watson further
outlined the access issues to parcel c, unit 3, its prominence as a gateway to the 5 and
Main development, the types of offers the DDA has received in the past which are
overwhelmingly from gas stations and fast food franchises that require a drive -through.
She stressed the upscale luxury component'of LaFontaine's concept. Car Dealerships
are not a permitted use in the DDA area and she is seeking preliminary feedback from
the Board of Trustees before LaFontaine and the DDA continue moving forward.
A discussion followed regarding site access, all the cliches regarding the way some car
dealerships look, the other automotive businesses that currently exist on Haggerty
Road, and what types of controls could be added to the PUD reference documents,
The Board of Trustees tentatively concluded that some of them are amenable to seeing
a car dealership on that site.
Page 6 of 7 May 10, 2022
Regular Township Board of Trustees Meeting
ITEM 9:5-10 NEW BUSINESS (continued)'
B. Asbestos Surveys
Jay James, Building Official, asked the Board to approve 2 asbestos surveys prior to the
demolition of the old Township Hall and the old residential building at the horse farm.
MOTION by Weber, supported by Phillips, to authorize up to $15,000.00 to G2
Consulting for asbestos testing at the Township property on Fisher Road and the home
at 2552 Wixom Road. MOTION CARRIED UNANIMOUSLY
ITEM 9:5-10 NEW BUSINESS (continued)'
C. Intention Resolution - Whitlow.Court Paving SAD
Hans Rentrop explained that 52% of the residents, based on linear footage, signed the
petition, not 52% based on the number of lots. It was agreed the numbers would be
worked up both ways, using both linear footage and the number of lots.
MOTION by Sovel, supported by Magner, to, approve the Township Board Tentatively
Declaring its Intention to Establish a Special Assessment District to be Known as
Whitlow Court Paving Special Assessment district.
MOTION CARRIED UNANIMOUSLY
D. Michigan Finance Authority SRF Loan and Capital Improvement Bonds
Treasurer Phillips explained these bonds fell the Michigan revolving fund that we are
guaranteeing to pay them back for whatever'they front us to build out the Lystek
system. An error was discovered in the text and "water supply system" should be
changed to "waste water system."
MOTION by Phillips, supported by Sovel, to approve the bond authorizing resolution for
the capital improvement bonds through the Michigan State Revolving Fund in an
amount not to exceed $5.5 million dollars, or such lesser amount as determined by the
amount actually borrowed from the S,RF, with changes to the words to say "waste water
treatment or sewer revenues" instead of "water supply."
ROLL CALL VOTE:
AYES: Phillips, Sovel, Creech, Weber, Magner, Gray
NAYS: None
ABSENT: Berkheiser
MOTION CARRIED UNANIMOUSLY
ITEM 10:5-10 ORDERS
MOTION by Sovel, supported by Magner, to approve the Orders and Add Ons.
MOTION CARRIED UNANIMOUSLY
Page 7 of 7 May 10, 2022
Regular Township Board of Trustees Meeting
ITEM 11:5-10 OTHER MATTERS
Trustee Weber —
• Asked if the Township's ARPA application was accepted. Supervisor Gray
answered that it was
Trustee Sovel -
• Asked if the Finance Director would include' a budget report in the monthly
communications. Supervisor Gray said it would be included going forward.
Supervisor Gray —
• Next month in the Orders there will be a $36,000 repair for the GLWA pumping
station. We've sent the claim to the insurance company.
• We had our first Nixie alert text today, Over 500 people are signed up to receive
the alerts
• Next month I Should have carpet and,furnace bids to present to the Board.
• By building and using the water tower, the Township saved $6.9 million dollars in
water costs and the water tower has effectively paid for itself.
ITEM 12:5-10 ADJOURNMENT
MOTION by Creech; supported by Magner, to adjourn the meeting at 8:38 p.m.
. MOTION CARRIED UNANIMOUSLY
'MelissaCreech, Clerk
Charter Township of Commerce
WWW.OAKGOV.COM/CLERKROD
ELEOTIONS DIVISION
LISA BROWN
COUNTY CLERK/REGISTER OF DEEDS
September 7, 2022
Michigan Department of State
Office of the Great Seal
Richard H. Austin Building, 1st Floor
430 W. Allegan
Lansing, MI48918
Dear Office of the Great Seal:
JOSEPH J. ROZELL, CERA
DIRECTOR OF ELECTIONS
On June 23, 2022 the Board of Commissioners for Oakland County entered into an agreement per MR #22216 —
Equalization — Interlocal Agreement Equalization Resolution for Assessing Contracts for 2022-2023.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of
Oakland and the Township of Commerce, and the authorizing Board of Commissioners Resolution are enclosed for filing
by your office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections
Oakland County Clerk/Register of Deeds
County Service Center, Building #14 East
1200 N. Telegraph Rd,
Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filina nurooses.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND
�4 �'"
Joseph J. Rozell, CERA
Director of Elections
Cc: Donna Dyer, Corporation Counsel, Oakland County
Erika Munoz -Flores, Corporation Counsel, Oakland County
Melissa Creech, Clerk, Township of Commerce
Kimberly Hampton, Technical Specialist, Equalization Division
Enclosures
ADMINISTRATIVE OFFICE ELECTIONS DIVISION LEGAL& VITAL RECORDS
1200 N. TELEGRAPH RD., DEPT. 415 12dO N, TELEGRAPH RD., DEPT. 417 1200 N. TELEGRAPH RD., DEPT. 418
PONTIAC, MICHIGAN 4e341-0415 PONTIAC, MICHIGAN 48341-0417 PONTIAC, MICHIGAN 48341-0413
(248)858-0561 (248)8858-0564 (248)658-0581
CLERK(C'9OAKGOV.COM ELECTIONS@OAKGOV=M CLERKLEGAL@OAKGOV,COM
REGISTER OF DEEDS
1200 N. TELEGRAPH RD., DEPT, 480
PONTIAC, MICHIGAN 48341-0480
(248) 858-0605
DEEDS@OAKGOV.CEM