HomeMy WebLinkAboutInterlocal Agreements - 2022.06.23 - 37566a
GOake =
COUNTY MICHIGAN
BOARD OF COMMISSIONERS
iAGENDA 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
DANO SPONSORED BY
Equalization ~Gwen Markham
INTRODUCTION AND BACKGROUND
Resolution authorizing the Equalization Division to enter into one-year renewals of interlocalagreementswiththe32citiesandtownshipsthattheCountyprovidespropertyassessingservicesfor.
BUDGET AMENDMENT REQUIRED:No
Committee members can contact Michael Andrews,Policy and Fiscal Analysis Supervisor at248.858.5115 (office)or andrewsmb@oakgov.com,or the department contact persons listed foradditionalinformation.,
Kyle Jen,Director Management &Budget-jenk@oakgov.com,schultzt@oakgov.comAPP
Terry Schultz,Chief Equalization
ITEM REVIEW TRACKING
Board of Commissioners Created/Initiated -6/23/2022BoardofCommissionersApproved-6/23/2022Executive's Office Approved -6/24/2022Clerk/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
2023 Real Personal Property Agreement Template (Final Draft 05-12-22)M&B_Equalization -Interlocal Agrmt Equalization Assessing Contracts for 2022-2023 SchA2022-2023 RATES PER PARCEL_EQUALIZATION DIVISION ASSISTANCE SERVICESOCEDContractCVTsMapasof2022PoOn>
a
FOake S
COUNTY MICHIGAN
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 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 comprehensiveassessmentofservicesprovidedtotheselocalunitsandensurethatappropriateratesarechargedonauniformbasispriortoenteringintonewthree-year contracts beginning in 2023;and
WHEREAS the estimated annual impact of the 4%increase is $132,000 and a budget amendmentisrecommendedforFY2022-FY 2025.=
NOW THEREFORE BE IT RESOLVED thatthe Oakland County Board of Commissioners hereby approvesenteringintotheattachedContractforOaklandCountyEqualizationDivisionAssistanceServicescoveringthetermJuly1,2022 through June 30,2023 with each of the Charter Townships of Commerce,Lyon,Milford,Oakland,Oxford,Royal Oak and Springfield;the Townships ofGroveland,Holly,Novi,Orion,Rose andSouthfield;the Cities of Berkley,Birmingham,Bloomfield Hills,Village of Clarkston,Clawson,Farmington,Ferndale,Hazel Park,Huntington Woods,KeegoHarbor,Lathrup Village,Madison Heights,Orchard LakeVillage,Pleasant Ridge,Pontiac,Rochester,South Lyon,Walled Lake and Wixom.
BE IT FURTHER RESOLVED thatthe Board of Commissioners’Chairperson is authorized to sign thecontracts..
BE IT FURTHER RESOLVED that the Oakland County Clerk shall receive and file the executed contractwiththeconcernedunitofgovernmentasrequiredbylaw.
BE IT FURTHER RESOLVED that the FY 2022 -FY 2025 budget is amended as reflected in the attachedScheduleAbudgetamendmentdocument.
Chairperson,the following Commissionersare sponsoring the foregoing Resolution:Gwen Markham.
J .Date:June 23,2022
David Woodward,Commissioner
ba (haw Date:June 24,2022
Hilarie Chambers,Deputy’CountyExecutive II
f :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,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_Edqualization -Interlocal Agrmt Equalization Assessing Contracts for 2022-2023 SchA3.2022-2023 RATES PER PARCEL_EQUALIZATION DIVISION ASSISTANCE SERVICES
+OCED Contract 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,withtheoriginalrecordthereofnowremaininginmyoffice.
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.
Bae by
Lisa Brown,Oakland County Clerk /Register of Deeds
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF NOVI
(Real and Personal Property Services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCESERVICESWITHTHETOWNSHIPOFNOVI(hereafter,this “Contract")is made and enteredintobetweentheCOUNTYOFOAKLAND,a Michigan Constitutional and Municipal Corporationwhoseaddressis1200NorthTelegraphRoad,Pontiac,Michigan 48341 (hereafter,the“County”),and the TOWNSHIP OF NOVI,a Michigan Constitutional and Municipal Corporationwhoseaddressis44114WyngateDrive,Northville,Michigan 48167 (hereafter,the"Municipality").In this Contract,either the County and/or the Municipality may also be referredtoindividuallyasa"Party"or jointly as "Parties.".
INTRODUCTORY STATEMENTS
A.The Municipality,pursuant to State law,including,but notlimited to,the MichiganGeneralPropertyTaxAct(MCL 211.1,et seq.)is required to perform real and personalpropertytaxappraisalsandassessmentsforallnonexemptrealandpersonalpropertylocatedwithinthegeographicboundariesoftheMunicipalityforthepurposeoflevyingStateandlocalpropertytaxes.
B.The Parties recognize and agree that absent an agreement such as this,or pursuant toanorderoftheStateTaxCommissionmandatingtheCountytoperformallorsomeofthepropertytaxappraisalandtaxassessmentresponsibilitiesforrealand/or personalpropertylocatedwithintheMunicipality's geographic boundaries (MCL 211.1 O(f)),theCounty,has no obligation to provide these Servicesto or for the Municipality.
€.The Michigan General Property Tax Act (MCL 211.34(3)provides that the County BoardofCommissioners,through the Equalization Division,may furnish assistance to localassessingofficersintheperformanceofcertainlegallymandatedpropertyappraisal andassessmentresponsibilities.:
D.The Municipality has requested the County's Equalization Division assistance inperformingthe"Equalization Division Assistance Services"(as described and defined inthisContract)and has agreedin return to reimburse the County as provided for in thisContract.‘“
E.The County has determined thatit has sufficient "Equalization Division Personnel,”asdefinedherein,possessing the requisite knowledge and expertise and is agreeable toassistingtheMunicipalitybyprovidingtherequested“Equalization Division AssistanceServices"under the terms and conditions of this Contract.
NOW,THEREFORE,in consideration of these premises and the mutual promises,representations,and agreementssetforth in this'‘Contract,and for other good and valuableconsideration,the receipt and adequacyof which is hereby acknowledged,the County and theMunicipalityagreeasfollows:
§1.DEFINED TERMS.In addition to the above defined terms (i.e.,"Contract","County","Municipality",and "Party"and "Parties"),the following words and expressions whenprintedwiththefirstlettercapitalizedasshownhérein,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:
dha
1.2.
1.3.
1.4.
"County Agent"or "County Agents"means all Oakland Countyelected 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 officialcapacities),and/or any persons acting by,through,under,or in concert with anyofthem,excluding the Municipality and/or any Municipality Agents,as definedherein.“County Agent”and/or "County Agents"shall also include any personwhowasaCountyAgentanytimeduringthetermofthisContractbut,for anyreason,is no longer employed,appointed,or elected and serving as a County
Agent.
"Equalization Division Personnel”meansa specific subset of and included aspartofthelargergroupofCountyAgentsasdefinedaboveandshallbefurtherdefinedasallCountyAgentsspecificallyemployedandassignedbytheCountytoworkintheEqualizationDivisionoftheCounty's Department of ManagementandBudgetasshowninthecurrentCountybudgetand/or personnel records oftheCounty.For all purposes in this:Contract,any reference to County AgentsshallalsoincludewithinthattermallEqualizationDivisionPersonnel,but anyreferenceinthisContractto’Equalization Division Personnel shall not include anyCountyAgentemployedbytheCountyinanyotherfunction,capacity,ororganizationalunitoftheCountyotherthantheEqualizationDivisionoftheDepartmentofManagementandBudget.
"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 suchpersons'successors or predecessors,agents,employees,attorneys,or auditors(whether such persons act or acted in their personal,representative,or officialcapacities),and/or all persons acting by,through,under,or in concert with any ofthem,except that no County Agent shall be deemed a Municipality Agent andconversely,no Municipality Agent shall be deemed a County Agent."Municipality Agent"shall also include any person who was'a Municipality AgentatanytimeduringthisContractbutforanyreasonisnolongeremployed,appointed,or elected in that capacity.
“Claim(s)"mean all alleged losses,claims,complaints,demands for relief ordamages,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/oranyotheramountsofanykindwhatsoeverwhichareimposedon,incurred by,orassertedagainstaParty,or for which a Party may become legally and/orcontractuallyobligatedtopayordefendagainst,whether direct,indirect orconsequential,whether based upon anyalleged violation of the constitution(Federal or State),any statute,rule,regulation or the common law,whether inlaworequity,tort,contract,or otherwise,and/or whether commenced orthreatenedandarisingout'of the performance or participation in this Contract.
§2.
15.
1:6;
"Municipality Taxpayer"means all residents,property owners,persons,or
taxable entities within the Municipality,or their representatives or agents,who
maybe 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 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 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 Countyfor 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 assessmentof real and personal
property from July 1,2022 to June 30,2023 as required by lawsof 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,processall
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
personnelwill 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 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 (€.g.,to help,aid,lend support,and/or participate as an auxiliary,to
contribute effort toward completion of a ‘goal,etc.)the Municipality in theperformanceofthatMunicipality's official functions,obligations,and theMunicipality's legal responsibilities for property tax appraisal and assessment
pursuant to the applicable State PropertyTax Laws.
MANNER COUNTY TO PROVIDE SERVICES.All Equalization DivisionAssistanceServicesorServicestobeprovidedbytheCountyfortheMunicipalityunderthisContractshallbeperformedsolelyandexclusivelybytheCounty'sEqualizationDivisionPersonnel.
2.3.1.Equalization Division Personnel,including those certified as MichiganMasterAssessingOfficers(MMAO),shall be employed and assigned bytheCountyinsuchnumbersandbasedonsuchappropriatequalificationsandotherfactorsasdecidedsolelybytheCounty.
23.2.
2.3.3.
2.3.4,
The County shall be solely and exclusively responsible for furnishing allEqualizationDivisionPersonnelwithjobinstructions,job descriptions,.and job specifications and shall in all circumstances control,supervise,train,or direct all Equalization Division Personnelin the performanceofallServicesunderthisContract.
Except as otherwise expressly provided for herein,the County shallremainthesoleandexclusiveemployerofallCountyAgentsandEqualizationDivisionPersonnelandthattheCountyshallremainsolelyandcompletelyliableforallCountyAgents’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 orreimbursementsofanykind,including,but notlimited to,workers"disability compensation benefits,unemployment compensation,SocialSecurityActprotection(s)'and benefits,any employment taxes,and/oranyotherstatutoryorcontractualrightorbenefitbasedonorinanyway‘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 affectorcontrol,in any manner,form,or at any time,any right,privilege,benefit,or any other term,or condition of employment,of any kind ornaturewhatsoever,in,upon,or for any County Agent or EqualizationDivisionPersonnelwiththeCounty,any applicable County employment‘and/or union contract,and/or any County rule(s),regulation(s),hours ofwork,shift assignment,order(s),policy(ies),procedure(s),directive(s),ethical guideline(s),etc:,which shall,solely and exclusively,govern andcontroltheemploymentrelationshipbetweentheCountyandanyCountyAgentorEqualizationDivisionPersonneland/or the conduct and actionsofanyCountyAgentoranyEqualizationDivisionPersonnel.Toillustrate,but not otherwise limit,this Contract does not and shall not be‘interpretedtolimit,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 Personneland/or pay all Equalization Division Personnel's wages,salaries,allowances,reimbursements,compensation,fringebenefits,or otherwise decide all such terms and conditions ofemploymentandmakeallemploymentdecisionsthataffect,inanyway,the employment of any Equalization DivisionPersonnelwiththeCounty,subject only to its applicablecollectivebargainingContracts.
2.3.4.2.The County's sole and exclusive right,obligation,and’responsibility to determine,establish,modify,or implement alloperationalpolicies,procedures,orders,rules,regulations,ethical guidelines,and/or any other judgment,policy ordirectivewhich,in any way,governs or controls any activity ofanyCountyAgentorEqualizationDivisionPersonnel,anynecessaryCountyAgentorEqualizationDivisionPersonnel's
24.
training standardsor 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 termsof 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 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 Agentbut is no
longer employed in that capacity by the County.
2.3.6.‘Except as otherwise expressly provided by the Contract and/orapplicableStatelaw,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 ofthe
Municipality and/or a Municipality Agent.
2.3.7.The Municipality shall not otherwise provide,furnish or assign anyEqualizationDivisionPersonnelwithanyjobinstructions,jobdescriptions,job specifications,or job duties,or in any manner attempt tocontrol,supervise,train,or direct any Personnel in the performance ofanyCounty's Equalization Division Assistance Services duty or obligationunderthetermsofthisContract.’
LIMITS AND EXCLUSIONS ON COUNTY "SERVICES".Except as otherwiseexpresslyprovidedforwithinthisContract,neither the County nor any CountyAgentsshallberesponsibleforassistingorprovidinganyotherservicesorassistancetotheMunicipalityorassumeanyadditionalresponsibilityforassistingtheMunicipalityinany.other way or manner with any MunicipalityobligationsunderallStatePropertyTaxLaws,including,but notlimited to,providing any attorney or legal representation to the Municipality or anyMunicipalityAgentatanyproceedingbeforetheMichiganTaxTribunalor anyotheradjudicativebodyorcourt,except as expressly provided for in thisContract.:
2.4.1.The Municipality shall,at all times and under all circumstances,remainsolelyliableforallcosts,legal obligations,and/or civil liabilitiesassociatedwithorinanywayrelatedtoanyMunicipalitytaxappraisal orassessmentfunctionsor-any other Municipality legal obligation underanyapplicableStatePropertyTaxLaws.The Municipality shall employandretainitsownMunicipalitylegalrepresentation,as necessary,todefendanysuchclaimorchallengebeforetheStateTaxTribunalor anyothercourtorreviewbody..
2.4.2.Except for those express statutory arid/or regulatory obligationsincumbentonlyuponlicensedEqualizationDivisionPersonnel(i.e.,StateLicensedandCertifiedRéaland/or Personal Property Tax Assessors)to
§3.
§4.
§5.
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
‘County attorneys shall bé 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 theMunicipalityand/or otherwise defend,challenge,contest,appeal,or
argue on behalf of the Municipality before the Michigan Tax Tribunal oranyotherreviewbodyorcourt.’
TERM OF CONTRACT.The Parties the term of this Contract shall begin on July 1,2022andshallendonJune30,2023,without any further act or notice from either Party beingrequired.All Services otherwise provided to the Municipality prior to the effective date ofthisContract,shall be subject to the terms and conditions provided for herein.
NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY.Except asexpresslyprovidedforinthisContract,the Municipality agrees that this Contract doesnot,and is notintended to,transfer,delegate,or assign to the County,and/or any CountyAgentorEqualizationDivisionPersonnelanycivilorlegalresponsibility,duty,obligation,duty of care,cost,legal obligation,or liability associated with any governmental functiondelegatedand/or entrusted to the Municipality under any applicable State Property TaxLaws.‘
4.1.The Municipality shall,at all times and under all circumstances,remain solelyliableforallcosts,legal obligations,and/or civil liabilities associated with or inanywayrelatedtoanyMunicipalitytaxappraisalorassessmentfunctionsoranyotherMunicipalitylegalobligation.Under no circumstances shall the County beresponsibleforanycosts,obligations,and/or civil liabilities associated with itsMunicipalityfunctionoranyresponsibilityunderanyStatePropertyTaxLaw.
4.2,The Municipality shall not incur or create any debts,liens,liabilities or obligationsfortheCountyandshalltakeallnecessarystepstoensurethatanydebts,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 completionofallMunicipalitydutiesorobligationsunderallapplicableStatePropertyTaxLaws.Nothing in this Contract shall relieve the Municipality of any MunicipalitydutyorobligationunderanyapplicableStatePropertyTaxLaw.
4A.The Municipality and Municipality Agents shall be and remain responsible forcompliancewithallFederal,State,and local laws,ordinances,regulations,andagencyrequirementsinanymanneraffectinganyworkorperformanceofthisContractorwithanyMunicipalitydutyorobligationunderanyapplicableStatePropertyTaxLaw.
NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY.ThePartiesreservetothemselvesanyrightsandobligationsrelatedtotheprovisionofall ofeachParty's respective governmental services,authority,responsibilities,andobligations.Except as otherwise expressly provided herein,this Contract does not,andisnotintendedto,create,diminish,delegate,transfer,assign,divest,impair,orcontraveneanyconstitutional,statutory,-and/or other legal right,privilege,power,civil orlegalresponsibility,obligation,duty of care,liability,capacity,immunity,authority orcharacterofofficeofeitherParty..
§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 MunicipalAgents.
Notwithstanding any other provision in this Contract,nothing in this Contract shallbedeemedto,in any way,limit or prohibit the Oakland County Board ofCommissionersstatutoryrightsandobligationstoreviewand/or further equalizeMunicipalitypropertyvaluesortaxassessmentsand/or further act upon anyMunicipalityassessment(s)of property taxes under any applicable State PropertyTaxLaws,including,but notlimited to challenging any Municipality assessmentbeforetheMichiganTaxTribunal.
PAYMENT SCHEDULE.The Municipality shall pay to the County the following:For thecontractyear2022-2023 the sum of $15.86 for each real property description and $15.86foreachpersonalpropertydescriptionrendered.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 workinghourstobebilledattheapplicableEqualizationDivisionpersonnelsovertimerateandchargedtotheMunicipalityoverandaboveanyotherfeesdescribedinthisContract,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 propertystatementsandpersonalproperty.notices mailed relating to work performedunderthisContract.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 but are notlimited to the DelinquentTaxRevolvingFund(‘DTRF”).Any setoff or retention of funds by the Countyshallbe.deemed a voluntary assignment of the amount by the Municipality to theCounty.The Municipality waives any claims against the County or its Officials foranyactsrelatedspecificallytotheCounty's offsetting or retaining such amounts.This paragraph shall notlimit the Municipality's legal right to dispute whether theunderlyingamountretainedbytheCountywasactuallydue and owing under thisContract.“
If the County chooses notto 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 be
§7.
6.5.
6.6.
calculated using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fully paid.
Nothingin this Section shall operateto 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.
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.,
beds
7.2.
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 performanceof any obligation under this Contractwill 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 Contractwill
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 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 thattheMunicipalitymayhaverealized,but for any alleged breach,wrongfultermination,default and/or cancellation of this Contract,or damages beyond or inexcessoftheamount(s)of any amountpaid to,received or retained by theCountyatthetimeoftheallegedbreachordefaultinconnectionwithorunderthetermsofthisContract,whether such alleged breach or default is alleged in anactionincontractortortand/or whether or not the Municipality has been advisedofthepossibilityofsuchdamages.This provision and this Contractis intended
by the Parties to allocate the risks between the Parties,and the Parties agreethattheallocationofeachParty's efforts,costs,and obligations under this
§8.
7.3%
7A,
Contract reflect this allocation of each Party's risk and the limitations of liability 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,demandsfor relief or
damages,judgments,deficiencies,liability,penalties,litigation costs and
expenses of any kind whatsoever which are imposedon,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 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.
MUNICIPALITY AGENTS AND COOPERATION:WITH THE COUNTY.The MunicipalityshallbesolelyresponsibleforguaranteeingthatallMunicipalityAgentsfullycooperatewithEqualizationDivisionPersonnelintheperformanceofallServicesunderthisContract.TheCountyshallbesolelyresponsibleforguaranteeingthatallEqualizationDivisionpersonnelfullycooperateWithMunicipalityagentsintheperformanceofallServicesunderthisContract.
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 forthemeansandmannerinwhichMunicipality's duties or obligations under any
applicable State Property Tax Laws are satisfied.
The Municipality shall be solely liable for all Municipality Agents'past,present,orfuturewages,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 benefitbasedonorinanywayrelatedtoanyMunicipalityAgent's employment status 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,or
§9.
§10.
8.3.
8.4.
8.5.
8.6.
8.7.
8.8.
other employment-related or basedrights,including,but not limited to,those
described inthis section.'
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.
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 Countyimmediatelyofapprovalofanyapplicationforabatementortaxexemption.
The Municipality shall inform the County Agents regarding any increase intaxationwhichisgovernedbytheTruthinTaxationAct.Further,the MunicipalityshallinformtheCountyAgentsregardinganymillageincrease(new)or renewal.
The Municipality is responsible for Special Assessment billings,maintaining apapertrailofrollchanges,maintaining the rolls in balance,and providing theOaklandCountyEqualizationDivisionwiththeinformationnecessarytopreparethewarrant.
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 ofall building permits with Sidwell numbers to theCounty's Equalization Division on a monthly basis.
8.7.3.Be responsible for the establishment,accuracy,and compilation of allSpecialAssessmentrollsintheMunicipality.
8.7.4.Forward all exemption applications,transfer affidavits,personal propertystatementsandallotherdocumentsaffectingthestatusorvalueofpropertylocatedwithintheMunicipalitytotheCounty's EqualizationDivisioninatimelymanner.
8.7.5.Forwardall information on splits and combinations after approval by theMunicipalitytothe.County's Equalization Division.
In the event that Municipality Agents,for whatever reason,fail or neglect toundertakethetasksinSection8.7 above,the County's Equalization Division mayperformthesetasksanditshallbepaidonatimeandmaterialbasis.Such rateshallbebaseduponthewagesplusbenefitsoftheCountyAgentsperformingsaidtasks.:
INDEPENDENT CONTRACTOR,The County's and/or County Agents'legal status andrelationshiptotheMunicipalityshallbethatofanIndependentContractor.No liability,right,or benefits,arising out of an employer/employee relationship,either express orimplied,shall arise or accrue to either Party as a result of this Contract.
COUNTY PRIORITIZATION OF GOUNTY RESOURCES.This Contract does not,and isnotintendedto,create either any absolute right in favor of the Municipality or anycorrespondentabsolutedutyorobligationupontheCounty,to guarantee that any specific
10
§11.
§12.
§13.
§14.
§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 anyother 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 rightsandobligationsexpresslysurvivingcancellationasprovidedforinthisContract,shall end.
11.2.All Municipality obligations,including,but notlimited to,waiversofliability,record-keeping requirements,any,Municipality payment obligations to theCounty,and/or any other related obligations provided for in this Contract withregardtoanyacts,occurrences,events,transactions,or Claim(s)eitheroccurringorhavingtheirbasisinanyeventsortransactionsthatoccurred beforethecancellationorcompletionofthisContract,shall survive the cancellation orcompletionofthisContract.
EFFECTIVE DATE,CONTRACT APPROVAL,AND AMENDMENT.This Contract,and/or any amendments thereto,shall be approved by resolutions of both the OaklandCountyBoardofCommissionersandtheGoverningBodyoftheMunicipality.TheapprovalandtermsofthisContract,and/or any amendments thereto,shall be entered intheofficialminutesandproceedingsofboththeOaklandCountyBoardofCommissionersandtheGoverningBodyoftheMunicipalityandshallalsobefiledwiththeofficeoftheCountyClerk,the Clerk for the Municipality,and the Secretary of State.
NO THIRD-PARTY BENEFICIARIES.Except as expressly provided herein for thebenefitoftheParties,this Contract does not,and is not intended to,create,by implicationorotherwise,any direct or indirect obligation,duty;promise,benefit,right to beindemnified(i.e.contractually,legally,equitably,or by implication)and/or any right to besubrogatedtoanyParty's rights in this Contract,and/or any other right of any kind,infavorofanyperson,including,but notlimited to,any County Agent or Municipality AgentoranyMunicipalityTaxpayer,any Taxpayer's legal representative,any organization,anyallegedunnamedbeneficiaryorassignee,and/or any other person.
CONSTRUED AS A WHOLE.The language ofall parts of this Contractis intended toand,in all cases,shall be construed as a whole according toits fair meaning,and notconstruedstrictlyfororagainstanyParty.As used in this Contract,the singular or pluralnumber,possessive or nonpossessive shall be déemed to include the other wheneverthecontextsosuggestsorrequires.
CAPTIONS.The section headings or titles and/or all section numbers contained in thisContractareintendedfortheconvenienceofthereaderandnotintendedtohaveanysubstantivemeaningandarenottobeinterpreted.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 underthisContracttobedeliveredtoeitherPartyshallbesenttothatPartybyfirstclassmail.Allsuchwrittennotices,including any notice canceling or terminating this Contract asprovidedforherein,shall be sent to the other Party's signatory to this Contract,or that
11
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 date
that suchnotice is deposited with sufficient postage with the U.S.Postal Service.
§17.WAIVER OF BREACH.The waiver of a breach ofany 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 betweentheminanywayrelatedtothesubjectmatterhereof.All terms and conditions herein are
contractual and are not a mererecital and that there are no other agreements,
understandings,contracts,or representations between the County and the Municipality inanywayrelatedtothesubjectmatterhereof,except as expressly stated herein.ThisContractshallnotbechangedorsupplementedorallyandmaybeamendedonlyasotherwiseprovidedherein.
The undersigned executethis Contract on behalf of the Parties and by doing so legally obligateandbindthePartiestothisContract.
IN WITNESS WHEREOF,John Juntunen,Supervisor of the Township of Novi,acknowledgesthathehasbeenauthorizedby a resolution of the Governing Body of the Township of Novi toexecutethisdacceptsandhindstheTownshipofNovitothisContract.
funtunen,Supervisor
Township of N ‘
witnessep:Ya Quote DATE:5enCrittenden,Clerk -
ownship of Novi
IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board ofCommissioners,acknowledges that he has been authorized by a resolution of the OaklandCountyBoardofCammissionerstoAContractandacceptsandbindsOakland
a W _DATE:_&Wn |veDavidT.Ah].Chairperson
Oakland County Board of Commissioners
Ab.a pate,24-22
WITNESSED:\—\9 Wow dunis
(Print Name)alotohw nl ST BE inGrEeutmy DATE:
County of Oakland
42
MARCH 2021 Novi Township Board Meeting
3/19/2021 730 pm-Galdikas Virtual Meeting
Present via Zoom:John,Tony,Dave,Ray and Janeen.Shelly Ervin,
Tom Salmeto
Pledge of Allegiance recited by the group.
Treasurer’s report
Dave presented the current treasurer’s report and discussed the specifics
on income and expenses.Funds available to date $92,000,Tony made amotiontoapproveandJohnseconded,all voted in favor.The motion
carried.
Dave presented the 2021 current budget with proposed changes.Tonymadethemotiontoaccepttheamendedbudgetwiththechanges,and Rayseconded.All voted in favor.The motion carried.
Dave presented the 2021-22 Budget.with recommendations.Discussionsoccurredonseveralcategories.Tony motioned and Ray seconded for themotiontobeapproved.All voted in favor.The motion carried.
Dave showed the funds on the balance sheet and verified that it matchedthebankaccount.Dave discussed the J fund separate bank account,andStatedthatitwasnolongerbearinginterestotherthanpennies.He askedfortheboard’s permission to close it down permanently.Tony made themotion,Ray seconded,and all voted in favor,the motion passing.
Clerk’s report
Janeen presented the January 2021 meeting minutes for approval.TonymotionedandRaysecondedfor'the minutes to be approved as presented.All voted in favor,and the motion carried.
Janeen discussed the Campbell auditing contract.An increase of $200 per
audit is reflected in the new contract.Discussion occurred,and this item
was tabled so followup could occur.This discussion will be revisited at the
May meeting.
John discussed the Ultra Unlimited Snow Company contract and the
insurance that expired during the season’s plowing season.The insurance
was renewed by the company,alleviating the need for Novi Township to
pay for insurance.
New business
John sent the annual equalization report to all board members prior to the
meeting for our review and records.No additional discussion occurred.
Janeen sent the Poverty resolution documents to all board members prior
to the meeting.John discussed history with the group.Janeen motioned,
“Be it further resolved that for applicants meeting the income level
guidelines,the Board may approve a partial exemption if deemed
appropriate.Those applicants granted partial exemption will be required to
pay a property tax based on a fifty(50%)reduction in taxable value for the
tax year in which the exemption is granted.”Tony motioned to accept the
resolution,Ray seconded.All voted infavor,the motion carried.
Janeen distributed the Oakland County Interlocal Assessor Agreement prior
to the meeting.Discussion occurred.with John sharing the history of cost
savings of utilizing the proposed assessor.Janeen will represent Novi
Township as required.Tony made the:motion to accept the Interlocal
agreement as presented,Ray seconded.All.voted in favor and the motion
carried.
Old Business
Trash and Snow-The snow removal and salting company delivered quality
services this winter.The vendor was timely and thoughtful in her efforts.
Trash will continue to be an ongoing discussion,as Waste Management
promises large increases in the fall for Novi Township.Tony will continue to
talk with them,as well as look into different options.All increases will be
passed onto taxpayers.
Mailbox station beautification-Discussion occurred regarding adding
bushes and tree at the mailbox station.Shelly Ervin is willing to provide
labor and equipment,create a beautification committee,with a budgetline
item from the Township for up to $800,while providing a drawing with
specific plants to be selected.More discussion occurred,with the
positives and negatives being looked at.Tony made the motion for the
Township to provide up to $800 for the beautification committee to improve
the esthetics of the mailbox station.Janeen seconded,a vote occurred with
4 in favor and 1 against.The motioncarried.
Tony made the motion at 8:30 p.m.to adjourn the meeting.Ray seconded.
All agreed and the meeting was adjourned.
Next meeting:Tuesday,May 11,2021,Hall residence,7:30 p.m.
Minutes respectfully submitted by,
Janeen Crittenden,Secretary
Attachments:March Agenda
Treasurer’s current statement
Amended Budget 2020-21
Budget 2021-22
January meeting minutés
Annual Equalization Report
Poverty Resolution Document
Interlocal Assessor Document
Clerk’s report-January 2021 meeting minutes distributed by email.Tony moved to approve the minutes,seconded by Ray,all present voted infavor.No changes or discussion occurred.
Old Business-Mail box e to change to road,due to excessive costs notwithinbudgetaryconstraints.Possibly,funds for a tree or two will beprovided,with residents within the court maintaining the trees and thesurroundingmailboxarea.
Next meeting via zoom,March 9th,(Budget meeting,requires publication),GaldikasMOTIONTOADJOURNBYTONY,SECOND BY JOHN,ALL IN FAVOR.Meeting adjourned at 8:05 p.m :
Minutes respectfully submitted by Janeen,3-11-21
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 8,2022
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 copyof the signed agreement with the County ofOaklandandtheTownshipofNovi,and the authorizing Board of Commissioners Resolution are enclosed for filing by yourOffice.
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 filing purposes.)
Contact our office at (248)858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND(mk FRI |
Joseph J.Rozell,CERA
Director of Elections
Ce:Donna Dyer,Corporation Counsel,Oakland County.Erika Munoz-Flores,Corporation Counsel,Oakland CountyJaneenCrittenden,Clerk,Township of NoviKimberlyHampton,Technical Specialist,Equalization Division
Enclosures
ADMINISTRATIVE OFFICE ELECTIONS DIVISION an LEGAL &VITAL RECORDS REGISTER OF DEEDS1200N.TELEGRAPH Rb.,DEPT.415 1200 N.TELEGRAPH Rob.,Derr.417 1200 N,TELEGRAPH RD.,DEPT.413 1200 N.TELEGRAPH RD.,DEPT.460.PONTIAC,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@oaAKGOV.COM ELECTIONS@oaKceov.com .CLERKLEGAL@oAKGOV.COM DEEDS@oaKGov.com