HomeMy WebLinkAboutInterlocal Agreements - 2022.06.23 - 37569 ®
POakr Er
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 Members of the Board:
WHEREASthe Equalization Division provides a number of services to local units of government,including
original assessments,reappraisals,and file maintenance;and
WHEREAS these services are provided under contract with the local units as approved by the Board of
Commissioners;and .
WHEREAS the County Executive Administration is recommending one-year renewals of these contracts,
generally with an inflationary increase in rates of 4%,so that the County can perform a comprehensive
assessment of services provided to these local units and ensure that appropriate rates are charged on a uniform
basis prior to entering into new three-year contracts beginning in 2023;and
WHEREAS the estimated annual impact of the 4%increase is $132,000 and a budget amendmentis
recommended for FY 2022 -FY 2025.
NOW THEREFORE BE IT RESOLVEDthat 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 RESOLVEDthatthe Board of Commissioners’Chairperson is authorized to sign the
contracts.
BE IT FURTHER RESOLVED that the Oakland County Clerkshall 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 attachedScheduleAbudgetamendmentdocument.
Chairperson,the following Commissioners are sponsoring the foregoing Resolution:Gwen Markham.
J Date:June 23,2022
David Woodward,Commissioner
lin Chaaton
Hilarie Chambers,Deputy County Executive II
/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
Date:June 24,2022
VOTE TRACKING ;
Motioned by Commissioner Charles Cavell seconded by Commissioner Michael Gingell to adopt the attached
Interlocal Agreement: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_Equalization -Interlocal Agrmt Equalization Assessing Contracts for 2022-2023_SchA
3.2022-2023 RATES PER PARCEL_EQUALIZATION DIVISION ASSISTANCE SERVICES
4 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,with
the original record thereof now remaining in my office.
In Testimony Whereof,I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,Michigan on Thursday,June 23,2022.
/2S a
Lisa Brown,Oakland County Clerk /Register of.Deeds '
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF ORION
(Real and Personal Property Services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE
SERVICES WITH THE CHARTER TOWNSHIP OF ORION (hereafter,this "Contract")is made
and entered into between the COUNTY OF OAKLAND,a Michigan Constitutional and Municipal
Corporation,whose address is 1200 North Telegraph Road,Pontiac,Michigan 48341
(hereafter,the “County"),and the CHARTER TOWNSHIP OF ORION,a Michigan Constitutional
and Municipal Corporation whose address is 2323 Joslyn Road,Lake Orion,Michigan 48360
(hereafter,the "Municipality").In this Contract,either the.County and/or the Municipality may
also be referred to individually as a "Party"or jointly as "Parties."
INTRODUCTORY STATEMENTS
A.The Municipality,pursuant to State law,including,but not limited to,the Michigan
General Property Tax Act (MCL 211.1,et seq.)is required to perform real and personal
property tax appraisals and assessments ‘for all.nonexempt real and personal property
located within the geographic boundaries of the Municipality for the purpose oflevying
State and local property taxes.
B.The Parties recognize and agree that absent an agreementsuch as this,or pursuant to
an order of the State Tax Commission mandating the Countyto 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.
Cc.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
assessmentresponsibilities.
D.The Municipality has requested the County's Equalization Division assistance inperformingthe"Equalization Division Assistance Services"(as described and defined inthisContract)and has agreed in return to reimburse the County as provided for in thisContract.
E.The County has determined that it has sufficient "Equalization Division Personnel,”asdefinedherein,possessing the requisite knowledge and expertise and is agreeable toassistingtheMunicipalitybyprovidingtherequested"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 agreementssetforth in this Contract,and for other good and valuableconsideration,the receipt and adequacy of whichiis 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 whenprintedwiththefirstlettercapitalizedasshownherein,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.
4.2.
1.3,
1.4.
"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 suchpersons’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 CountyAgent..
“Equalization Division Personnel”means a specific subset of and included aspartofthelargergroupofCountyAgentsasdefinedaboveandshallbefurtherdefinedasallCountyAgentsspecificallyemployedandassignedbytheCountytoworkintheEqualizationDivisionoftheCounty’s Department of ManagementandBudgetasshowninthecurrentCountybudgetand/or personnel records oftheCounty.For all purposesin this Contract,any referenceto County AgentsshallalsoincludewithinthattermallEqualizationDivisionPersonnel,but anyreferenceinthisContracttoEqualization: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'successorsor 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,demandsfor relief ordamages,suits,causes ofaction,proceedings,judgments,deficiencies,liabilities,penalties,litigation costs and expenses,including,but not limited to,any reimbursement for reasonable attorneyfees,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 any alleged 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 orthreatenedandarisingoutoftheperformanceorparticipationinthisContract.
§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
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 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 assessmentof real and personal
property from July 1,2022 to June 30,2023 as required by laws of the
‘State of Michigan.The County shall make assessments of real and
personal property within the Municipality pursuant to MCL 211.10d.
2.1.2.The Equalization Division personnel will appraise all property,process all
real and personal property description changes,prepare the assessment
roll for real and personal property in the Municipality;attend March,July
and December Boards of Review and other such duties as required by
the State General Property Tax Laws.The Equalization Division
personnel will also be available for consultation on all Michigan Tax
Tribunal real and personal property and special assessment appeals and
will assist the Municipality in the preparation of both the oral and written
defense of appeals,as long.as there is a current 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 ofthat 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 DivisionAssistanceServicesorServicestobeprovidedbytheCountyfortheMunicipalityunderthisContractshallbeperformedsolelyandexclusivelybytheCounty's
Equalization Division Personnel.
2.3.1.Equalization Division Personnel,including those certified as Michigan
Master Assessing Officers (MMAO),shall be employed and assigned bytheCountyinsuchnumbersandbasedonsuchappropriate
qualifications and other factors as.decided solely by the County.
2.3.2.
2.3.3.
2.3.4,
‘The County shall be solely and exclusively responsible for furnishing all
Equalization Division Personnel with job instructions,job descriptions,
and job specifications and shall in all circumstances control,supervise,
train,or direct all Equalization Division Personnel in the performance ofallServicesunderthisContract.
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 Countyshall 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 anykind,including,but notlimited to,workers’disability compensation benefits,unemployment compensation,Social
Security Act protection(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 EqualizationDivisionPersonnelwith,the County,any applicable County employmentand/or union contract,and/or any Countyrule(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 andcontroltheemploymentrelationshipbetweentheCountyandanyCounty‘Agent or Equalization Division Personnel and/or the conductand actionsofanyCountyAgentoranyEqualizationDivisionPersonnel.Toillustrate,but not otherwise limit,this Contract does not and shall not beinterpretedtolimit,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 applicable
collective bargaining Contracts.
2.3.4.2.The County's sole and exclusive right,obligation,andresponsibilitytodetermine,establish,modify,or implementalloperationalpolicies,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.
2.3.55
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 anyjob 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 CountyAgentsshallberesponsibleforassistingorprovidinganyotherservicesor
assistance to the Municipality or assume any additional responsibility for
assisting the Municipality in any other way or manner with any MunicipalityobligationsunderallStatePropertyTaxLaws,including,but notlimited to,providing anyattorneyor legal representation to the Municipality or anyMunicipalityAgentatanyproceedingbeforetheMichiganTaxTribunal or anyotheradjudicativebodyorcourt,except as expressly provided for in thisContract.
2.4.1.
2.4.2,
The Municipality shall,atall times and underall circumstances,remainsolelyliableforall:costs,legal obligations,and/or civil liabilitiesassociatedwithorinanywayrelatedtoanyMunicipalitytaxappraisal orassessmentfunctionsoranyotherMunicipalitylegalobligationunderanyapplicableStatePropertyTaxLaws.The Municipality shall employandretainitsownMunicipalitylegalrepresentation,as necessary,todefendanysuchclaimorchallengebeforetheStateTaxTribunalor-anyothercourtorreviewbody.
Except for those express statutory and/or regulatory obligationsincumbentonlyuponlicensedEqualizationDivisionPersonnel(i.¢.,StateLicensedandCertifiedRealand/or Personal Property Tax Assessors)to
§3.
84.
§5.
‘defend property tax appraisals and assessments that they either
performed,or were otherwise performed under their supervision,before
the Michigan Tax Tribunal,no other County Agents,including any
County attorneys shall be authorized,required and/or otherwise
obligated under this Contract or pursuant to any other agreement
between the Parties to provide any legal representation to or for the
Municipality and/or otherwise defend,challenge,contest,appeal,or
‘argue on behalf of the Municipality before the Michigan Tax Tribunal or
any other review body or court.
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 not intended 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 atall times remain responsible for the ultimate completionofallMunicipalitydutiesorobligationsunderallapplicableStatePropertyTaxLaws.Nothing in this Contract shall relieve the Municipality of any MunicipalitydutyorobligationunderanyapplicableStatePropertyTaxLaw.
44.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.
B1.
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,byeitherParty,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 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 $16.62 for each real property description and $13.72foreachpersonalpropertydescriptionrendered.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 overtimeset by the Municipality Charter.
The Municipality shall be responsible for postage on all personal propertystatementsandpersonalpropertynoticesmailedrelatingtoworkperformedunderthisContract.The Municipality agrees to be responsible for allphotographicsupplies.:
{f the Municipality fails,for any reason,to pay the County any monies when andasdueunderthisContract,the Municipality agrees that unless expresslyprohibitedbylaw,the Couhty 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 CountyshallbedeemedavoluntaryassignmentoftheamountbytheMunicipalityto theCounty.The Municipality waives any claims against the County or 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 choosesnotto 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 anyotheramountsduetotheCountyunder'this Contract.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.
Nothing in this Section shall operateto limit the County's right to pursue or
exercise any other legalrights or remedies under this Contract against the
Municipality to secure reimbursement of amounts due the County under this
Contract.The remediesin 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.
EAs
7.2.
This Contract does notand is not intended to-create or include any County
warranty,promise,covenant or guaranty,either express or implied,of any kind or
nature whatsoever in favor of the Municipality,and/or any Municipality Agents,or
any Municipality Taxpayer or any other person or entity,or that the County's
efforts in the performance of any 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 notlimitedtoanyreplacementcostsforServices,any loss of income or revenue,and/or anyfailurebytheMunicipalitytomeetanyMunicipalityobligationunderanyapplicableStatePropertyTaxLaws,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 amount paid to,received or retained by theCountyatthetimeoftheallegedbreachordefaultinconnectionwithorunderthetermsofthisContract,whether such alleged breachor defaultis alleged in anactionincontractortortand/or whether or not the Municipality has been advisedofthepossibilityofsuchdamages.This provision and this Contractis intendedbythePartiestoallocatetherisksbetweentheParties,and the Parties agreethatthe.allocation of each Party's efforts,costs,and obligations under this
§8.
1235
TA,
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,demands for relief or
damages,judgments,deficiencies,liability,penalties,litigation costs and
expensesof 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.
lf 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 thirdpartybaseduponanyerrorinanytaxstatementduetoinformationsupplied 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 appropriatequalificationsandotherfactorsasdecidedbytheMunicipality.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 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 allowancesor reimbursementsof anykind,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 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,or
§9.
§10.
8.3.
8.4.
8.5.
8.6.
8.7.
8.8.
other employment-related or based rights,including,but not limited to,those
described in this section.
No Municipality Agent shall,by virtue of this Contract or otherwise,be consideredorclaimedtobeanemployeeoftheCountyand/or a County Agent.This
Contract does not grant or confer,and shall not be interpreted to grant or confer,upon any Municipality Agénts 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 activityaffectingthetaxstatusofanyparcelincludingbutnotlimitedtothefollowing:
Downtown Development Authorities,Redevelopment Plans,Tax IncrementFinancingAuthorities.In addition,the Municipality shall notify the Countyimmediatelyofapprovalofanyapplicationforabatementortaxexemption.
The Municipality shall inform the County Agents regarding any increase intaxationwhichisgovernedbytheTruthinTaxationAct.Further,the MunicipalityshallinformtheCountyAgentsregarding-any millage increase (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 copyof all 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 ofallSpecialAssessmentrolls'in the Municipality.
8.7.4.Forward all exemption applications,transfer affidavits,personal propertystatementsandallotherdocumentsaffectingthestatusorvalueofpropertylocatedwithintheMunicipalitytotheCounty's EqualizationDivisioninatimelymanner.
8.7.5.Forward all information on splits and combinations after approval by the‘Municipality to the 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.SuchrateshallbebaseduponthewagesplusbenefitsoftheCountyAgentsperformingsaidtasks.
INDEPENDENT CONTRACTOR.The County's and/or County Agents’legal status andrelationshiptotheMunicipalityshallbethatofanIndependentContractor.No liability,right,or benefits arising out of an employer/employeerelationship,either express orimplied,shall arise or accrue to either Party as a result of this Contract.
COUNTY PRIORITIZATION OF COUNTY.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 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.At5:00 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.'g
11.2.All Municipality obligations,including,but not limited to,waivers ofliability,record-keeping requirements,any Municipality payment obligations to theCounty,and/or any other related obligations providedfor 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 intheofficialminutesandproceedingsofboththeOaklandCountyBoardofCommissionersandtheGoverningBody.of the Municipality and shall also be filed withtheofficeoftheCountyClerk,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 notintended 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 languageofall parts of this Contractis intended toand,in all cases,shall be construed as a whole according toits fair meaning,and notconstruedstrictlyfororagainstanyParty.As usedin this Contract,the singular or pluralnumber,possessive or nonpossessive shall be deemed to include the other wheneverthecontextsosuggestsorrequires.:
CAPTIONS.The section headings or titles and/or all section numbers contained in thisContractareintendedfortheconvenienceofthereaderandnotintendedtohaveanysubstantivemeaningandarenottobeinterpretedaspartofthisContract.
NOTICES.Except as otherwise expressly provided for herein,all correspondence,invoices,and/or any other written noticesrequired,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
correspondence or written notices shall be considered delivered to a Party as of the datethatsuchnoticeisdepositedwithsufficientpostagewiththeU.S.Postal Service.
§17.WAIVER OF BREACH.The waiver of a breach of any provision of this Contract shall notoperateorbeconstruedasawaiverofanysubsequentbreach.Each and every right,remedy and power granted to either Party or allowed it by law shall be cumulative and notexclusiveofanyother..
§18.ENTIRE CONTRACT.This Contract sets forth the entire agreement between the CountyandtheMunicipalityandsupersedesallprioragreementsorunderstandingsbetweentheminanywayrelatedtothesubjectmatterhereof.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.i
EXECUTED:{
IN WITNESS WHEREOF,Chris Barnett,Supervisor of the Charter Township of Orion,acknowledges that he has been authorized by a résolution of the Governing Body of the CharterTownshipofOriontoexeeutethisContractandacceptsandbindstheCharterTownshipofOriontothisContract.:
pe .DATE:6)ZLtnett,Supervisor .
Shatter Townshipof Orion,*oy SS,VF lalWITNESSED:
_
CA Shs pate:_&[6/22PennyS.Shullts,Clerk
Charter Township of Orion
IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board ofCommissioners,askgowledgesthat he has beenauthorized by a resolution of the OaklandCountyBoardofCommissionerste,exegifte this/Oontract and accepts and binds OaklandCountytothisContract
EXECUTEB:17 LADavidT.Woodward,Chairperson
Oakland County Board of CommissionersAfhNon
\WITNESSED:_
DATE:7/2 leaJ]
\ee aie a,g SeusoeA\uco ak\oto)DATE:a Zu.22——A _——(Print Name)je wh STRING Feu md DATE:County of Oakland .
12
CHARTER TOWNSHIP OF ORION BOARD OF TRUSTEES
SYNOPSIS,REGULAR MEETING MONDAY,JUNE 6,2022
ORION TOWNSHIP HALL 2323 JOSLYN ROAD.LAKE ORION,MICHIGAN 48360
Called meeting to order at 6:30 p.m.All Members present.
Held Closed Executive Session at 6:30 p.m.to discuss Labor Negotiation Update and Attorney
Opinions regarding a personnel matter and Ordinance No.62.
Reconvened regular meeting at 7:00 p.m.
Invocation given by Trustee Mike Flood.All rose for Pledge of Allegiance.
Adopted the Resolution establishing the proposed 2022 Millage rates.
Held 2022 Truth-in-Budgeting Public Hearing..
Recognized Eric Florence as June Citizen of the Month for his 14 years of dedicated service
to the community and Orion Fire Department.
Fire Chief Rob Duke promoted Chris Hagan to Fire Captain for the Orion Fire Department.
Orion Parks and Path Advisory Committee member Tom Fisher presented their annual report.Ashley Coyle,Budget &Procurement Director presented a Municipal Complex Recap.Approved paymentof bills in the amount of $2,544,887.24,and payrolls of $335,950.87.
Total disbursementof funds of $2,880.838.11.
Approved Agenda,as amended.Approved Consent Agenda,as amended.
Approved Minutes,Regular Meeting,May 16,2022,as presented.
Approved Minutes,Public Hearing,May 16,2022,for Golfview Drive Public Maintenance
SAD #2,as presented.
Approved the renewal contract with Oakland County Equalization for Assessing Services.Approved the Agreement for Accounting and Financial support with Woodhill Group.Approved requestfor fireworks display on Lake Voorheis on June 29,2022.Approved request for fireworks displays at Indianwood Golf &Country Club on June 24,2022.
Scheduled Public Hearing for Golfview Drive Private Road Maintenance SAD #2 for July 5,2022,at 7:00 p.m.
Scheduled Public Hearing for BBJ Private Road Maintenance SAD #1 for July 5,2022,at 7:00 p.m.Approved the Quarterly Budget Adjustments and authorized the Budget &Procurement Director to
make the necessary budget adjustments.’:
Approved Tri-Party funding for Scripps Road Paving Project and authorized the Budget &
ProcurementDirector to make the necessary budget adjustments.
Received and filed the Matured,Called,and Purchases of Securities &Bonds for Water &SewerandGeneralAccounts,as presented.
Approved the Agreementfor services with Special Event Solutions,LLC.
Approved Orion Township Public Participation Plan,as presented and authorized the
distribution of
the plan to Township employees and consultants for use in ensuring proactive
public
participation in Township decision making processes.
Approved amending the Parks &Facitities Superintendent job descriptions,as
presented.
Approved amending Parks and Facilities Superintendent salary range of $70,000 to
$85,000 and
approved an annual salary of $74,000 for the current Superintendent,effective
upon the first full pay period following Board approval and make the necessary
budget adjustments.,
Accepted Kim Boesl’s participation in the 2022 Early Separation Incentive Program
effective
October 5,2022.
Accepted the resignation of full time Clerk I}!—Voter Registration,Margaret Beutler,
with an
effective date of June 17,2022.
Approved the Resolution Approving the Buriny Run Lake Special Assessment District
Deficit .
Elimination Plan.
Hired Christy Porter as Full Time,Level 3,Clerk Building,effective 6/20/2022 at the
starting rate of ..
$16.36 per hour,effective the week of June 20,2022.
Hired Nathan Crum as Water &Sewer Field:Technician,effective 6/20/2022 at the
starting rate of :
$23.05 per hour,effective the week of June 20,2022.
Approved Peddler/Solicitors 90-day license for Joseph Marrocco,Austin Hensley,
Joshua .:
Roberts,Dalton Graham,Jason Rider,and Jacob Trombley with Ecoshield Pest
Solutions..
Approved Peddler/Solicitors 90-day license for Brandon Dickerson with Southwestern
Advantage.
Adopted the Resolution establishing actual 2022 millage rates for the Orion Township,
as presented..
Postponed action for the application from The Dragon Foundation,LLC for Operation of
Recreation vehicle until additional information is submitted by the applicant.
Approved request to extend the Grandview Lapeer Road Rezoning for an additional 160
days.
Received and filed the Police and Fire Reports,as presented.
Meeting adjourned at 8:35 p.m..4 PennyS.Shults,Clerk
Publish:6/15/2022 ,:Chris Barnett,Supervisor
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 copy of the signed agreement with the County ofOaklandandtheTownshipofOrion,and the authorizing Board of Commissioners Resolution are enclosed for filing byyouroffice.
Send confirmation ofreceipt of this agreementto:
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(nk BRERA
Joseph J.Rozell,CERA
Director of Elections
Ce:Donna Dyer,Corporation Counsel,Oakland County
Erika Munoz-Flores,Corporation Counsel,Oakland CountyPennyS.Shults,Clerk,Township of Orion “Kimberly Hampton,Technical Specialist,Equalization Division ;
Enclosures
ADMINISTRATIVE OFFICE ELECTIONS DIVISION LEGAL &VITAL,RECORDS REGISTER OF DEEDS.1200 N.TELEGRAPH RD.,DEPT.415 1200 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@oaKGov.com CLERKLEGAL@oAKGOV.COM DEEDS@oaKGov.com