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HomeMy WebLinkAboutInterlocal Agreements - 2022.06.23 - 37559RECEIVED CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE TOWNSHIP OF GROVELAND (Real and Personal Property Services) Oakland County Equalization 1 This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES WITH THE TOWNSHIP OF GROVELAND (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 TOWNSHIP OF GROVELAND,a Michigan Constitutional and Municipal Corporation whose address is 4695 Grange Hall Road,Holly,Michigan 48442 (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 assessmentsfor 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 performanceofcertain legally mandated property appraisal and assessment responsibilities. Dz.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 thatit 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 adequacyof 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 Divisior §2. 1.5. 1.6. "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. "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 governmentincluding specifically,but not limited to,the State Tax Commission,the State Tax Tribunal,and/or the State Department of Treasury. 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. 2.2. 2.3. "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 Contractis 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 assessmentsof 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. 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. 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. 24. 2.3.5. 2.3.6. 2.3.7. 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. 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. 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. 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. 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 notlimited 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. 2.4.2. The Municipality shall,at all times and under all circumstances,remain solelyliable 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. 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 §6. 5.1. 5.2. Notwithstanding any other term or condition in this Contract,that no provision in this Contractis 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. 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 Commissionersstatutory 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. PAYMENT SCHEDULE.The Municipality shall pay to the County the following:For the contract year 2022-2023 the sum of $15.00 for each real property description and $13.72 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. 6.2. 6.3. 6.4. All time incurred for Board of Review dates beyond the regular County working hoursto 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 §211.30(3). 6.1.2.Dates requiring overtime set by the Municipality Charter. 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. 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. If the County chooses notto 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 88. 7.3. TA, Contractreflect this allocation of each Party's risk and the limitations ofliability as specified herein. 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. 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 notlimited 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. 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 performanceof 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. 8.2. 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 aresatisfied. 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 wayrelated 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 §11. §12. §13. 814. §15. §16. number(s)or classification of County Agents will be present on any given day to provide Services to the Municipality. 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 Contractall 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,waiversofliability, 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. EFFECTIVE DATE,CONTRACT APPROVAL,AND AMENDMENT.This Contract, and/or any amendmentsthereto,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. 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 notlimited 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. CONSTRUED AS A WHOLE.The language ofall parts of this Contract is intended to and,in all cases,shall be construed as a whole according toits 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. CAPTIONS.The section headings or titles and/or all section numbers contained in thisContractareintendedfortheconvenienceofthereaderandnotintendedtohaveany substantive meaning and are notto be interpreted as part of this Contract. NOTICES.Except as otherwise expressly provided for herein,all correspondence, invoices,and/or any other written notices required,permitted or provided for under this Contractto 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 POakiand= COUNTY MICHIGAN 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 ta View Agenda ITEM SUMMARY SHEET DS Aaa ae SPONSORED BY Equalization ::Gwen Markham INTRODUCTION AND BACKGROUND Resolution authorizing the Equalization Division to enter into one-year renewals ofinterlocal 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 248.858.5115 (office)or andrewsmb@oakgov.com,or the department contact persons listed for additional information.=) CONTACT Kyle Jen,Director Management &Budget-jenk@oakgov.com,schultzt@oakgov.com APP Terry Schultz,Chief Equalization ITEM REVIEW TRACKING Board of Commissioners ' Created/tnitiated -6/23/2022 Board of Commissioners ,Approved -6/23/2022 Executive's Office Approved -6/24/2022 Clerk/Register of Deeds Final Approval -6/24/2022 AGENDA DEADLINE:06/23/2022 6:30 PM COMMITTEE TRACKING 2022-06-15 Finance -recommend to Board 2022-06-23 Full Board ATTACHMENTS 1.2023 Real Personal Property Agreement Template (Final Draft 05-12-22) 2.M&B_Equalization -Interlocal Agrmt Equalization Assessing Contracts for 2022-2023SchA 3.2022-2023 RATES PER PARCEL_EQUALIZATION DIVISION ASSISTANCE SERVICES 4.OCED Contract CVTs Map as of 2022 ——-9 ®OaKIAND: COUNTYMICHIGANMICHIGAN 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 Membersof 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 thie 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 assessmentof 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 theestimated annual impact of the 4%increase is $132,000 and a budget amendmentis 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. J Date:June 23,2022 David Woodward,Commissioner ba (haw Date:June 24,2022 Hilarie Chambers,Deputy County ExecutiveII Kaw Wy 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 attachedInterlocalAgreement:Equalization Resolution for 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,CharlesCavell,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 _SchA3.2022-2023 RATES PER PARCEL_EQUALIZATION DIVISION ASSISTANCE SERVICES 4 OCEDContract CVTs Mapas 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 andaccuratecopyofaresolutionadoptedbytheOaklandCountyBoardofCommissionersonJune23,2022,withtheoriginalrecordthereofnowremainingin my Office. In Testimony Whereof,I have hereunto set my handand affixed the seal of the Circuit Court at Pontiac,Michigan on Thursday,June 23,2022. f 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 addressis 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 assessmentsfor 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. on The Michigan General Property Tax Act (MCL 211.34(3)provides that the County Board of Commissioners,through the Equalization Division,may furnish assistanceto local assessing officers in the performance ofcertain legally mandated property appraisal and assessment responsibilities. D.The Municipality has requested the County's Equalization Division assistance in performing the "Equalization Division AssistanceServices"(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 iis 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. 1.2. 1.3. 1.4. 1.5. "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. "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. "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. "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 amountspaid in settlement,and/or any other amountsof 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.performanceor participation in this Contract. "Municipality Taxpayer"means all residents,property owners,persons,or taxable entities within the Municipality,or their representatives or agents,who §2. 1.6. may be liable or responsible for any property taxes assessed by the Municipality pursuantto any applicable State Property Tax Laws. "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., COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES.The full and complete scope ofall 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. 2.2. 2.3. "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 Contractis 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 assessmentsof 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 thereis a current Contractin effect. PURPOSE OF COUNTY "SERVICES".The purpose ofall 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. 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, 2.3.3. 2.3.4. train,or direct all Equalization Division Personnel in the performance of ‘all Services under this Contract. 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. ‘This Contractis 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 Countyrule(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 atherwise 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 makeall employment decisions that affect,in any way,the employmentof 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 2.4. 2.3.5, 2.3.6. 2.3.7. experience,training,or education required for any Equalization Division Personnel performing any County dutyor obligation under the terms of this Contract. 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 assignmentsby 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. 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. 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. 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. 2.4.2. ‘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. 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 assessmentsthat they either performed,or were otherwise performed under their supervision,before the Michigan Tax Tribunal,no other County Agents,including any §3. 84. §5. 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 béfore the Michigan Tax Tribunal or any other review body or court. 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. 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 circumstancesshall 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 compliancewith all Federal,State,and local laws,ordinances,regulations,and agency requirements in any manner affecting any work or performanceof 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 ofall 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 Contractis intended,ror shall it be construed,as a waiver of any governmental immunity,as provided by statute or applicable court decisions,by §6. 5.2. either Party,either for that Party and/or any of that Party's County or Municipal Agents.. 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 PropertyTaxLaws,including,but not limited to challenging any Municipality assessment before the Michigan Tax Tribunal: 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.xxforeachpersonalpropertydescriptionrendered.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 requestedof the County,the Parties shall negotiate additional fees to be paid by the Municipality. 6.1. 6.2. 6.3. 6.4. 6.5. All time incurred for Board of Review dates beyond the regular County workinghourstobebilledattheapplicableEqualizationDivisionpersonnel’s overtimerateandchargedtotheMunicipalityoverandaboveanyotherfeesdescribed inthisContract,with the following exceptions: 6.1.1.One evening meeting as required by law under MCL §211.30(3). 6.1.2.Dates requiring overtime Set by the Municipality Charter. The Municipality shall be responsible for postage on all personal propertystatementsandpersonalpropertynoticesmailedrelatingtoworkperformedunderthisContract.The Municipality agrees to be responsible for allphotographicsupplies.- If the Municipality fails,for any reason,to pay the County any monies when andasdueunderthisContract,the Municipality agrees that unless expresslyprohibitedbylaw,the County or the County Treasurer,at their sole option,shallbeentitledtoasetofffromanyotherMunicipalityfundsthatareintheCounty’spossessionforanyreason.Funds include butare notlimited to the DelinquentTaxRevolvingFund(“DTRF”):Any setoff or retention of funds by the Countyshallbedeemedavoluntary.assignmentof the amount by the Municipality to theCounty.The Municipality waives any claims against the Countyor its Officials foranyactsrelatedspecificallytotheCounty’s offsetting or retaining such amounts.This paragraph shall not limit the Municipality’s legal right to dispute whether theunderlyingamountretainedbytheCountywasactuallydueandowingunderthisContract.: If the County chooses not to exercise its right to setoff or if any setoff isinsufficienttofullypaytheCountyanyamountsdueandowingtheCounty underthisContract,the County shall have the right to charge up to the then-maximumlegalinterestonanyunpaidamount.Interest charges shall be in addition to anyotheramountsduetotheCountyunderthisContract.Interest charges shall becalculatedusingthedailyunpaidbalancemethodandaccumulateuntilalloutstandingamountsandaccumulatedinterestarefullypaid. Nothing in this Section shall operate to limit the County’s right to pursue orexerciseanyotherlegalrightsorremediesunderthisContractagainstthe 87. 6.6. 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 pursuesany 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.: 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. 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. 7.2. 7.3. This Contract does not and is not intended to create or include any County warranty,promise, covenant or guaranty,either expressor 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 performanceof 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 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. 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 Agentshall 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 Contractis 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 Contractreflect this allocation of each Party's risk and the limitations of liability as specified herein.4 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 §8. 7.4. implication)contribution,subrogation,or other right to be reimbursed by the Party based upon anylegal 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 basedor predicated upon this Contract. 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 notlimited to,theapplicable millage rate.Under no circumstancesshall the County be held liable to the Municipality or any thirdpartybaseduponanyerrorinanytaxstatementduetoinformationsupplied by the Municipality to the County for such purposes. MUNICIPALITY AGENTS AND COOPERATION WITH THE COUNTY.The MunicipalityshallbesolelyresponsibleforguaranteeingthatallMunicipalityAgentsfullycooperatewithEqualizationDivisionPersonnelintheperformanceofallServicesunderthisContract.TheCountyshallbesolelyresponsibleforguaranteeingthatallEqualizationDivisionpersonnelfullycooperatewithMunicipalityagentsintheperformanceofallServicesunderthisContract. 8.1. 8.2. 8.3. Municipality Agents shall be employed and assigned based on appropriate qualifications and other factors as decided by the Municipality.The MunicipalityshallbesolelyresponsibleforfurnishingallMunicipalityAgentswithalljobinstructions,job descriptions and job specifications and shall solely control,direct,and supervise all Municipality Agents and shall be solely responsible forthemeansandmannerinwhichMunicipality's duties or obligations under any applicable State Property Tax Lawsare satisfied. The Municipality shall be solely liable for all Municipality Agents'past,present,or future wages,compensation,overtime wages,expenses,fringe benefits,pensionorretirementbenefits,travel expenses,mileage allowances,training expenses,transportation costs,and/or other allowances or reimbursements of any kind,including,but notlimited to,workers'disability compensation benefits,unemployment compensation,Social Security Act protection(s)and benefits,anyemploymenttaxes,and/or any other statutory or contractual right or benefitbasedonorinanywayrelatedto-any Municipality Agent's employmentstatus oranyallegedviolationofanyMunicipalityAgent's statutory,contractual (e.g.,union,employment,or labor contract),constitutional,common law employmentright,and/or civil rights by the Municipality.The Municipality agrees to indemnifyandholdharmlesstheCountyfromandagainstallClaim(s)which are imposedupon,incurred by,or asserted against the County or any County Agent by anyMunicipalityAgentand/or which are based upon,result from,or arise from,or areinanywayrelatedtoanyMunicipalityAgent's wages,compensation,benefits,orotheremployment-related or based rights,including,but not limited to,thosedescribedinthissection. No Municipality Agent shall,by virtue of this Contract or otherwise,be consideredorclaimedtobeanemployeeoftheCountyand/or a County Agent.ThisContractdoesnotgrantorconfer,and shall not be interpreted to grant or confer, §9. §10. §11. 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 papertrail 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 wagesplus benefits of the County Agents performing said tasks. 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. 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. 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, §12. §13. §14. §15. §16. 817. 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 Contractall 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 notlimited to,waiversofliability, 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. EFFECTIVE DATE,CONTRACT APPROVAL,AND AMENDMENT.This Contract, and/or any amendmentsthereto,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. 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 director 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. CONSTRUED AS A WHOLE.The language ofall parts of this Contractis 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 usedin this Contract,the singular or plural number,possessive or nonpossessive shall be deemed to include the other whenever the context so suggests or requires. CAPTIONS.The section headings or titles and/or-all section numbers contained in this Contract are intended for the convenience ofthe reader and not intended to have any substantive meaning and are notto be interpreted as part of this Contract. NOTICES.Except as otherwise expressly provided for herein,all correspondence, invoices,and/or any other written notices required,permitted or provided for under this Contractto be delivered to either Party shall be sent to that Party byfirst 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 correspondenceor written notices shall be considered delivered to a Party as of the datethatsuchnoticeisdepositedwithsufficientpostagewiththeU.S.Postal Service. 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 notexclusiveofany,other. §18.ENTIRE CONTRACT.This Contract sets forth the entire agreement between the CountyandtheMunicipalityandsupersedesall.prior agreements or understandings betweentheminanywayrelatedtothesubjectmatterhereof.All terms and conditions herein arecontractualandarenotamererecitalandthattherearenootheragreements,understandings,contracts,or representations between the County and the Municipality inanywayrelatedtothesubjectmatterhereof,except as expressly stated herein.ThisContractshallnotbechangedorsupplementedorallyandmaybeamendedonlyasotherwiseprovidedherein. The undersigned execute this Contract on behalf of the Parties and by doing so legally obligateandbindthePartiestothisContract. IN WITNESS WHEREOF,Name of Mayor,Mayor of the <CVT>acknowledges that he has beenauthorizedbyaresolutionoftheGoverningBodyofthe<CVT>to execute this Contract andacceptsandbindsthe<CVT>to this Contract. EXECUTED:i DATE:Name of Mayor,Mayor :<CVT>. WITNESSED:DATE: Name of Clerk,Clerk Z <CVT>. IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board ofCommissioners,acknowledges that he has been authorized by a resolution of the OaklandCountyBoardofCommissionerstoexecutethisContractandacceptsandbindsOaklandCountytothisContract., EXECUTED:DATE: David T.Woodward,Chairperson Oakland County Board of Commissioners WITNESSED:’DATE: (Print Name)DATE: County of Oakland OaklandCounty,MichiganMANAGEMENTANDBUDGET-EQUALIZATIONDIVISION-INTERLOCALAGREEMENTEQUALIZATIONRESOLUTIONFORASSESSINGCONTRACTSFOR2022-2023Schedule"A"DETAIL FundAffiliateBudgetReferenceProjectUni FY2022FY2023 FY2024FY2025AccountTitleAmendment|AmendmentAmendmentAmendmentReimbEqualizationServices]$33,000|$132,000|$132,000|$132,000PlannedUseofBalance(33,000)|(132,000)=2TotalRevenue$=18=|_132,000[$132,000 [veFundnai|DivisionName|Fund#Division#Program#iicoountRegionactivityanatyssR_GeneralFundEqualizationAdministrationFND10100CCN1020501PRG186020RC631813R_GeneralFundNonDepartmentalFND10100CCN9010101PRG196030RC665882 Project# €GeneralFundNonDepartmentalFND10100CCN9010101PRG196030SC796500BudgetedEquityAdjustments$-$-_$132,000$132,000 TotalExpenditures$-$-$132,000$132,000 EQUALIZATION DIVISION ASSISTANCE SERVICES 2022-2023 2022-2023 RATE PER 'RATE PER © PARCEL PARCEL REAL PERSONAL —CVT PROPERTY PROPERTY (Cities ) Berkley $15.00 '$13.72 Birmingham $19.50 $14.25 Bloomfield Hills $20.04 $14.68 Clarkston $15.43 $13.72 Clawson $15.00 $13.72 Farmington $18.76 $13.72 Ferndale $15.00 '$13.72 Hazel Park $13.40 $13.29 Huntington Woods $15.00 $14.25 Keego Harbor $15.43 $13.72 Lathrup Village $15.43 $13.72 Madison Heights $16.39 $Romo te Orchard Lake $_26.48 $13.70 Pleasant Ridge $15.00 $13.72 Pontiac $16.39 $14.68 . Rochester $15.43 $13.72 South Lyon $15.31 $12.54 Walled Lake $15.43 $.13.72 Wixom $18.76 $14.25 (Townships ) Commerce $19.29 $14.13 Groveland $15.00 $13.72 Holly $16.17 $T1302 Lyon $16.17 $13372 Milford .$16.17 $13.72 Novi $15.86 $15.86 | Oakland $17.58 §$13.72 Orion $16.62 Sees ne. Oxford $16.62 .$ies Rose Township $16.39 $13.72 Royal Oak '$14.68 $12.11 Southfield $16.17 $13.72. Springfield $15.86 $14.36 Oakland County Equalization Division Contracted CVTs.as of 2022 os so !OxfordOrtonville‘3 Holly Addison BrandonGroveland eo Holly Fenton [tate Orion Independence Orion Oakland SpringfieldRosepene:ge of | rkston AuburnHills hate Angels Rochester 5;Waterford Rochester Hills Highland White Lake Pontiac vay e bse ego,Harbo 0 d LakdCommercevillage Bloomfield Troy Hills Milford ‘ West Bloomfield Bloomfield Soutifietdt il MadisonaeverlyHills, |__|Wem Franklin field Heights in;Royal Oaksathrup|Berkley‘‘llaFarmingtonHillse Hpntingten Lyon Novi Southfield Woods |Pleasant Oak Ridgeouth«Park HazelPeNovi]rmingto!Ferndale pork ak Northville June 13,2022 minutes APPROVED JULY 11,2022 GROVELAND TOWNSHIP BOARD REGULAR MEETING THIS MEETING WAS HELD June 13,2022 7:00 pm PLEDGE OF ALLEGIANCE CALL TO ORDER DePalma called the regular meeting of the Groveland Tewadhip Board to order at 7:00pm. Members present were: Robert DePalma,Supervisor Patricia Back,Clerk &Theresa Bills,Treasurer &James Christopher,Trustee &Gina Muzzarelli,Trustee -EXCUSED "ABSENCE Also in attendance:X Mason,Fire Chief APPROVED AGENDA: e Back added MTAdues as item “J”on Agenda. e Under presentations adding “Elaine Kowall”. Back motioned to accept the agenda with additions as presented for June 13,2022.The motionwassupportedbyBills. ALL IN-FAVOR -MOTION CARRIED APPROVED MINUTES: Reviewed Township Board Minutes of May 9".Bills motioned to approve minutes as presented. Christopher supported. ALL IN FAVOR -MOTION CARRIED Reviewed Fire Board Minutes of May oth,Bills motioned to approve minutes as presented. Christopher supported. ALL IN FAVOR -MOTION CARRIED FINANCIALS REVIEWED BUDGET.AMENDMENTS: None. APPROVED ACCOUNTS PAYABLES: June 13,2022 minutes APPROVED JULY 11,2022 Back Reviewed Accounts Payables TOWNSHIP TOTAL:$311,645.ab ;FIRE TOTAL:$26,155.99 101-$304,143.75 ‘;206-$26,155.99 249-$0 701-$7,501.83 ° Back reviewed accounts payables and distribution reports.Bills noted that a check transferred to another account is included in the 101 account for $250,000 which is why the expenses looked higher than usual.The funds were not “spent”but moved. Back motioned to approve accounts payables as presented for township,building and fire as presented.Bills supported. ROLL CALL VOTE --ALL YES - -MOTION APPROVED. REVENUE &EXPENSE REPORT: Back reviewed reports. Back motioned to accept revenue and expense report as submitted.Supported by Bills. ALL IN FAVOR -MOTION CARRIED INVESTMENT REPORTS: Bills reviewed investment reports,however,noted that it is not up-to-date as Oakland County has not submitted report information for May. PRESENTATIONS: Eileen Kowall was present to introduce herself as a candidate for County Commissioner. Expressed interest,qualifications,and experience.— PUBLIC HEARING: None. UNFINISHED BUSINESS: None. NEW BUSINESS: A.Approved Poverty Exemptions Resolution / Bills discussed poverty exemption details and noted a change was made to the resolution andtheupdatedresolutionneededtobeadoptedinordertobeup-to-date with state standards. Bills motioned to accept resolution 2022-010-to adopt standards and application for reviewandgrantingofpovertyexemptionsbytheGrovelamsTownshipBoardofReview. Backsupported. June 13,2022 minutes APPROVED JULY 11,2022 ALL IN FAVOR -MOTION CARRIED. B.Approved Assessing Services Back motioned to approve renewal for contract for assessing services through Oakland Countyforcostperparceltobea4%increase (cost per parcel =$15 Real Property,$13.72 Personal Property)for the period of July 1,2022 -June 30,2023.Bills supported. ROLL CALL VOTE -ALL IN FAVOR -MOTION CARRIED C.Approved Decker Agency Insurance Renewal | Back motioned to approve Decker Insurance Renewal at a cost of $17,606 for township and$24,451 for fire department.Applies June 1,2022 to June 1,2023.Christopher supported. ROLL CALL VOTE -ALL IN FAVOR -MOTION CARRIED D.Tabled Discussion of Parking Lot Paving Until July E.Approved Angela Grogan Step Increase Back motioned to approveher third step-increase to begin on July 2"4,2022 pay.Billssupported.: ROLL CALL VOTE -ALL IN FAVOR -MOTION CARRIED F.Approved Bedrock Mining and Reclamation Agreement DePalma summarized the Bedrock Mining and Reclamation Agreement.The new agreementupdateslanguageandextendsagreementthroughDecember31,2035. DePalma motioned to approve the updated/extended Bedrock Mining and Reclamation Agreement as submitted,effective June 13,2022,and to go through December 31,2035.Christopher supported. ROLL CALL VOTE -ALL IN FAVOR -MOTION CARRIED G.Discussed Changes in Payroll Services | . Back noted that Dominion Payroll Services are being sold to ADP.Currently other serviceprovidersarebeingconsidered.Envision was recommended and will be coming out next weektopresentofferingstoClerkandDeputyClerk: H.Approved Building Permit Fee Schedule Back motioned to adopt the Building Valuation Data fee schedule to replace the current feescheduleforconstructionofbuildingsinthetownshipofGroveland.Christopher supported.ROLL CALL VOTE -ALL IN FAVOR -MOTION CARRIED I.Approved Benchesfor Township June 13,2022 minutes :APPROVED JULY 11,2022 DePalma motioned to approve purchase of two Cambridge 6”outdoor benches from pollyproducts.com with auger kits and/or concrete slab not to exceed $2500.Christopher supported. ROLL CALL VOTE -ALL IN FAVOR -MOTION CARRIED J.Approved MTA Fees Depalma motioned to approve this year’s MTA fees of $4907.85 with legal fee.Bills supported. ROLL CALL VOTE -ALL IN FAVOR -MOTION:CARRIED MISCELLANEOUS REPORTS: HAYA -Holly Area Youth Assistance: °Seeking new secretary BGYA -Brandon/Groveland Youth Assistance:: ° O° ° ° No meetingin June Steps and Stories at Sashabaw Meadowsthis summer Real Estate One donated $1700 to BGYA Groveland Twp also donated to BGYA $2500 PLANNING COMMISSION: °Primary focus is currently Renaissance Festival BOARD OF ZONING APPEALS: °No meeting/Muzzarelli absent to report SUPERVISOR:My 3° ° O° ° ° Short-Term rental legislation may move forward Solid waste committee is reconvening to look at how state currently handles solid waste Aggregate mining bill does not seem to be moving forward rapidly Pension funding requirements may change Attorney Hosler is currently working on draft of paperworkfor sale of fire station and the building of new fire station | CLERK: ° ° ° New office furniture is in the works Elections for 2022 are upcoming;all residents will receive an updated voterregistrationcard.‘ Permanent AV apps were sent out over the past couple of weeks;still plenty of time to submit application. One interview has been completed for the part-time position at the township; additional interviewswill be occurring this Wednesday and Thursday Office will be closed June 20*in recognition of Juneteenth 4 June 13,2022 minutes :APPROVED JULY 11,2022 o Moving Wall is August 3-8;they are still trying to raise funds via a number of fundraisers TREASURER:‘ O° O° O° O° ° Back oftax bill has been changed . New taxbills will be sent to Oakland County for printing this week First day of office receiving tax bill paymentswill be July 5% July Board of Reviewis July 19%at 10am.Please submitted application and information at least a week ahead of time - Dog licenses were due by June 15*,Can still be purchased,but PUBLIC COMMENTS:/ David Martin -State Rep out of Davison,seatmate with Mike Mueller.Present to introduce himself and history/credentials. ADJOURNMENT:. There being no further business on the agenda,Bills motioned to adjourn meeting andbreakforfireboardat8:13pm.Supported by Back. ALL IN FAVOR BY PROCLAMATION. Respectfully Submitted, Jenell Keller Recording Secretary OAKLAND COUNTY CLERK/REGISTER OF DEEDS WWW.OAKGOV.COM/CLERKROD ELECTIONS DIVISION LISA BROWN ,JOSEPH J.ROZELL,CERACOUNTYCLERK/REGISTER OF DEEDS DIRECTOR OF ELECTIONS September 7,2022 Michigan Department of State Office of the Great Seal ‘ Richard H.Austin Building,1st Floor 430 W.Allegan Lansing,MI 48918 Dear Office of the Great Seal: 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 ofOaklandandtheTownshipofGroveland,and the authorizing Board of Commissioners Resolution are enclosed for filing byyouroffice. 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 numberon the confirmation of receipt letter for filing purposes.) Contactour office at (248)858-0564 if you have any questions regardirig this matter. Sincerely, COUNTY OF OAKLAND(ad BFA Joseph J.Rozell,CERA Director of Elections Ce:Donna Dyer,Corporation Counsel,Oakland CountyErikaMunoz-Flores,Corporation Counsel,Oakland CountyPattiBack,Clerk,Township of Groveland .Kimberly Hampton,Technical Specialist,Equalization Division Enclosures ADMINISTRATIVE OFFICE ELECTIONS DIVISION ,LEGAL &VITAL,RECORDS REGISTER OF DEEDS1200N.TELEGRAPH Rb.,DEPT.415 {200 N.TELEGRAPH Rp.,DEPT.417 *1200 .N,TELEGRAPH RD.,DEPT.413 1200 N.TELEGRAPH RD.,DEPT.480PONTIAC,MICHIGAN 48341-0415 PONTIAC,MICHIGAN 48341-0417 PONTIAC,MICHIGAN 48341-0413 PONTIAC,MICHIGAN 48341-0480(248)858-0561 (248)858-0564 (248)858-0581 (248)858-0605CLERK@oaKGov.com ELECTIONS@oaKsov.com .CLERKLEGAL@oAKGOV.COM DEEDS@oakcov.com