HomeMy WebLinkAboutInterlocal Agreements - 2023.08.17 - 40946CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE
FOR REAL AND PERSONAL PROPERTY ASSESSMENT ADMINISTRATION
SERVICES WITH THE TOWNSHIP OF GROVELAND
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE FOR
REAL AND PERSONAL PROPERTY ASSESSMENT ADMINISTRATION SERVICES
(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 WITH the Township of Groveland,
a Michigan Constitutional and Municipal Corporation whose address is 4695 Grange Hall Road,Holly,
Michigan 48442 (hereafter,the "Municipality").In this Contract,either the County and/or the
Municipality may also be referred to individually as a "Party"or jointly as "Parties."
INTRODUCTORY_STATEMENTS
hs The Municipality,pursuant to the laws of the State of Michigan (hereafter,the "State"),
including,but not limited to,the Michigan General Property Tax Act ("GPTA")(MCL 211.1,
et seq.)is required to perform real and personal property tax appraisals and assessments
for all nonexempt real and personal property located within the geographic boundaries of
the Municipality for the purpose of levying State and local property taxes.
2.The Parties acknowledge that,pursuant to MCL 211.10f(1),absent an agreement such as
this,if the Municipality does not have an assessment roll that has been certified by a
qualified certified assessing officer,or if a certified assessor is not in substantial
compliance with the provisions this of Act,the State Tax Commission (Commission)shall
assume jurisdiction over the assessment roll and provide for the preparation of a certified
roll.The Commission may order the County to preparethe roll;may provide for the use of
state employees to prepare the roll;or may order the Municipality to contract with a
commercial appraisal firm to conduct an appraisal of the property in the Municipality under
the supervision of the County and Commission.
3.The Michigan General Property Tax Act (MCL 211.34(3))provides that the County Board
of Commissioners,through the Equalization Division,may furnish assistance to local
assessing officers in the performance of certain responsibilities,including the discovery,
listing,and valuation of properties for tax purposes,as well as the development and use
of uniform valuation standards and techniques for the assessment of property.
4.The Municipality has requested the County's Equalization Division's assistance in
performing the "Real and Personal Property Assessment Administration Services"(as
described and defined in this Contract)and has agreed in return to reimburse the County
as provided for in this Contract.
5.The County has determined that it has sufficient "Assessment Division Personnel",
possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested "Real and Personal Property Assessment
Administration Services"under the terms and conditions of this Contract.
NOW,THEREFORE,in consideration of these premises and the mutual promises,
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 1
representations,and agreementssetforth in this Contract,and for other good and valuable
consideration,the receipt and adequacy of which is hereby acknowledged,the County and
the Municipality mutually agree as follows:
§1.DEFINED TERMS.In addition to the above defined terms (i.e.,"Contract","County",
"Municipality","Party"and "Parties",and "State"),the Parties agree that the following
words and expressions when printed with the first letter capitalized as shown herein,
whether used in the singular or plural,possessive or non-possessive,and/or either
within or without quotation marks,shall,be defined and interpreted as follows:
1.1.
1.2.
1.2.
1.4.
"County Agent"or "County Agents”shall be defined as any and all Oakland
County elected officials,appointed officials,directors,board members,council
members,commissioners,authorities,other boards,committees,
commissions,employees,managers,departments,divisions,volunteers,
agents,representatives,and/or any such persons’successors or
predecessors,agents,employees,attorneys,or auditors (whether such
persons act or acted in their personal representative or official capacities),
and/or any persons acting by,through, under,or in concert with any of them,
excluding the Municipality and/or any Municipality Agents,as defined herein.
"County Agent"and/or "County Agents”shall also include any person who was
a County Agent anytime during the term of this Contract but,for any reason,
is no longer employed,appointed,or elected and serving as a County Agent.
"Equalization Division Personnel"as used in this Contract shall be defined as
a subset of,and included as part of the larger group of,County Agents as
defined above,and shall be further defined as any and all County Agents
specifically employed and assigned by the County to work in the Equalization
Division of the County's Department of Management and Budget as shown in
the current County budget and/or personnel records of the County,for the
express purposes of providing equalization services,and its related activities,
in adherence with MCL 211.34.
1.2.1.Any reference in this Contract to Equalization Division Personnel shall
not include any County Agent employed by the County in any other
function,capacity or organizational unit of the County other than the
Equalization Division of the Department of Management and Budget.
"Assessment Division Personnel"as used in this Contract shall be defined as
a subset of,and are included as part of the larger group of County Agents as
defined above.They are defined as County Agents specifically employed and
assigned by the County Equalization Division,for the express purposes of
providing Assessment Services,in adherence with MCL 211.10d.These
activities include preparing the Municipalities annual assessment roll.
1.3.1 Any referencein this Contract to Assessment Division Personnel shall
not include any County Agent employed by the County in any other
function,capacity,or organizational unit of the County other than the
Equalization Division of the Department of Management and Budget.
"Real and Personal Property Assessment Administration Services"identified in
this Contract as "Assessment Services,"and by MCL 211.10d,are defined as
those services provided by the County's Assessment Division Personnel.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
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1.5.
16.
1.7.
1.8.
These services do not pertain to those provided by Equalization Division
Personnel,or activities as provided by,or related as,County Equalization
Services,MCL 211.34.
"Municipality Agent"or "Municipality Agents"shall be defined to include,but
not limited to,any and all Municipality officers,elected officials,appointed
officials,directors,board members,council members,authorities,boards,
committees,commissions,employees,managers,departments,divisions,
volunteers,agents,representatives,and/or any such persons’successors or
predecessors,agents,employees,attorneys,or auditors,whether such
persons act or acted in their personal,representative,or official capacities,
and/or any and all persons acting by,through,under,or in concert with any of
them.No County Agent shall be deemed a Municipality Agent,and
conversely,no Municipality Agent shall be deemed a County Agent.
"Municipality Agent"shall also include any person who was a Municipality
Agent at any time during this Contract but for any reason is no longer
employed,appointed,or elected in that capacity.
"Claim(s)"shall be defined to include any and all alleged losses,claims,
complaints,demands for relief or damages,suits,causes of action,
proceedings,judgments,deficiencies,liability,penalties,litigation costs and
expenses,including,but not limited to,any reimbursement for reasonable
attorney fees,witness fees,court costs,investigation and/or litigation
expenses,any amounts paid in settlement,and/or any other amounts,liabilities
or Claim(s)of any kind whatsoever which are imposed on,incurred by,or
asserted against either the County and/or any County Agent,as defined
herein,or any Claim(s)for which the County and/or any County Agent may
become legally and/or contractually obligated to pay or defend against,or any
other liabilities of any kind whatsoever,whether direct,indirect or
consequential,whether based upon any alleged violation of the constitution
(Federal or State),any statute,rule,regulation or the common law,whether in
law or equity,tort,contract,or otherwise,and/or whether commenced or
threatened and arising out of any alleged breach of any duty by the County
and/or any County Agent to any third-person,the Municipality,including any
Municipality Agent or any Municipality Taxpayer under or in connection with
this Contract or are based on or result in any way from the County's and/or any
County Agent's participation in this Contract.
"Municipality Taxpayer"shall be defined as any and all residents,property
owners,persons,or entities within the Municipality,or their representatives or
agents,who may be liable or responsible for any property taxes assessed by
the Municipality pursuant to any applicable State Property Tax Laws.
"State"shall be defined as the "State of Michigan,”a sovereign governmental
entity of the United States,and shall also include within its definition any,and
all,departments or agencies of State government including specifically,but not
limited to,the State Tax Commission,the State Tax Tribunal,and/or the State
Department of Treasury,unless used in this Contract to provide specific
context otherwise,and will do so as:
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 3
§2.
§3.
1.8.1 "Treasury"shall be defined as the "Department of Treasury,"of the
State of Michigan.
1.8.2 "Commission"shall be defined as the "State Tax Commission,"of the
Department of Treasury,of the State of Michigan.
1.8.3 "Tribunal"shall be defined as the "Michigan Tax Tribunal,"of the
Department of Licensing and Labor Affairs,of the State of Michigan.
PURPOSE OF COUNTY ASSESSMENT SERVICES.The Parties agree that the
purpose of any and all "Equalization Division Assistance Services"is to provide
Assessment Services to be performed under this Contract and shall be to assist (e.g.,
to help,aid,lend support,and/or participate in as an auxiliary,to contribute effort
toward completion of a goal,etc.)the Municipality in the performance of that
Municipality's official functions,obligations,and Municipality's legal responsibilities for
property tax appraisal and assessment pursuant to the applicable State Property Tax
Laws.
ASSESSMENT SERVICES.The Parties agree the full and complete scope of any,
and all,Assessment Services shall be as described and limited in the following
subsections.
3.1.Assessment Division Personnel will inspect,measure,list,and evaluate
depreciation of real property as necessary;including new construction,newly
modified existing real property improvements,demolition permits,reported fire
damaged properties,and will adhere to State requirements.Assessment
Division Personnel will conduct personal property canvass,process personal
property statements,conduct audits;using appropriate assessment methods,
personal property multipliers,and adhering to state requirements.Assessment
Division Personnel will examine errors,omissions,or other applicable sources.
3.2.Municipality agrees to provide the County with all fire reports and building
permits relating to construction activity,and any site plans,architectural plans,
blueprints,as requested and needed for new construction,additions,
demolitions,and other activities related to assessment administration
practices.
3.3.Assessment Division Personnel will enter data into acceptable Computer
Assisted Mass Appraisal (CAMA)software program,tested for data and quality
integrity incorporating the State Tax Commission Assessors Manual.(i.e.,
BS8&A software).Assessment Division Personnel will assess taxable property,
including new construction,ensuring taxable value uncapping of any property
following transfer of ownership.All updating of transfers of ownership will be
made into an industry accepted CAMA software program.
3.4.Assessment Division Personnel are responsible for performing annual
assessment of real or personal property in the Municipality on which real or
personal property taxes are levied by any taxing unit of the State,consistent
with the General Property Tax Act,MCL 211.1 etseg.,and other applicable
law.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
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3.5.
3.6.
3.7.
3.8.
39.
3.10.
3.11.
3.12.
3.13.
Assessment Division Personnel will process and review all new
exemption applications to determine compliance with statutory requirements,
prior to approving,and/or making recommendations to local authority.
3.5.1 Assessment Division Personnel will annually audit and determine
existing exemptions to determine continuing eligibility.
3.5.2 The Municipality agrees to cooperate with County and provide any and
all applications,affidavits,and other documents which are provide to
Municipality in a timely and organized manner in order for County to
process.
Assessment Division Personnel will analyze sales data to uniformly and
equitably generate accurate assessments and create land and ECF studies.
Assessment Division Personnel will evaluate mass appraisal acceptable
statistical measurements for annual assessment-to-sale ratio studies.
AssessmentDivision Personnel are responsible for preparing and maintaining
the ad valorem assessment roll,including property classifications,property
descriptions,any special act-related roll(s)(e.g.,IFT,CRA),and Municipality
agrees to cooperate with Assessment Division Personnel and provide
assistance when and where needed.
Assessment Division Personnel shall certify the assessment for the
Municipality consistent with the General Property Tax Act,MCL 211.1 ef.seq.,
and other applicable law.Assessment Division Personnel will attend Board of
Review meetings,as required by state requirements and charter of
Municipality.Assessment Division Personnel will present the certified
assessment roll before the Board of Review,and mail Notice of Assessments,
as required per state requirements.Municipality agrees to have its Board of
Review membership filled and provide necessary support for all Board of
Review functions in compliance with State requirements.
Upon request,Assessment Division Personnel agree to attend meetings with
Municipality officials and meetings with the public,when reasonable notice of
the meeting is given in advance to County.
Assessment Division Personnel will have the required certifications for the
Assessment Services to be performed under this Contract and will maintain
certifications,and all support staff will be trained to adequately assist
Municipality leadership,staff,community residents and property owners.
Parties agree that during the process of developing assessments,it is in each
Party's legitimate interest to promote full cooperation with each other,and for
Assessment Division Personnel to provide the best possible public relations
efforts with residents and business owners.
Assessment Division Personnel agree to respond to the general public's
inquiries regarding its assessment records,and the inquiries for assessment
and tax records under the Freedom of Information Act.Assessment records
identified in MCL 211.10a will be made accessible and available for inspection
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
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84,
3.14.
3.15.
3.16.
S217 5
and copying by the public regardless of its location.Access to and inspection
of public records is available on the County's website,and in-person as
indicated on signage located at the reception area of Equalization's main office,
as required by MCL 211.10a.
Assessment Division Personnel will assist the Municipality in its own internal
practices with providing calculations of estimations of cost only for commercial
and/or industrial real property for special act project cost benefit analysis;
provided that the necessary construction cost detail,and any other application
related information,is made available.Assessment Division Personnel will not
prepare estimates for speculative commercial and/or industrial developments
that are requested byprivate individuals,developers,other private parties,or
for individual residential properties.
Assessment Division Personnel shall make the assessments within the
Municipality pursuant to MCL 211.10d and MCL 211.10e,and as of December
31,the State's statutory "Tax Day",unless court or statute requires otherwise
(e.g.,exemptions,bankruptcy orders,etc.).The Parties agree and based on
the Contract Term asset forth in Section 10 of this Contract,the Assessment
Division Personnel will develop each assessment roll as of December 31,2023,
for the 2024 tax year,and December 31,2024,for the 2025 tax year.
Assessment Division Personnel will not provide any services which would
preclude them from maintaining their duties in accordance with MCL 211.10d
and MCL 211.10e,which includes serving in any capacity within the
Municipality which could be considered a conflict of interest.
The County agrees to review Municipality approved splits and combinations
prior to providing it with parcel identification numbers (PIN)and will update tax
descriptions as they change over time to ensure accuracy of available parcel
information.
MICHIGAN TAX TRIBUNAL.AssessmentDivision Personnel agree,upon request,
to assist the Municipality in its defense relating to its appealed assessments involving
the "Michigan Tax Tribunal”and "Tribunal".
4.1.The Parties agree Tribunal cases require due diligence to reach a result that
enables Assessment Division Personnel to continue to develop fair,objective,
impartial,uniform,and credible assessments of properties for assessment
purposes.Accordingly,the Parties agree to work together in the appeal
process for a fair resolution.
4.1.1 Municipality agrees its attorney will file its answer to each petition filed
within the Entire Tribunal.Assessment Division Personnel agree to
assist Municipality's attorney with any and all assessment records for its
timely filing.The Parties agree Municipality attorney is responsible for
all legal filings,including discovery,with the Tribunal.
4.1.2 The Parties agree Assessment Division Personnel and Municipality
attorney will work together throughout appeal duration,with
Assessment Division Personnel sharing assessment and market
related information.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
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4.2.
4.3.
4.1.3 Municipality agrees any private independent fee appraiser(s)will be
properly licensed or certified through the State of Michigan,for any real
property-related property appeals,and will be a qualified appraiser in
non-real property appeals .The Parties will work together on the
selection of appraisers and may prepare a list of pre-selected
appraisers that can be used in real property appeals.
4.1.4 Municipality agrees it will be financially responsible for all costs incurred
for any Tribunal appeals (e.g.,appraisals,inspections,surveys,legal
costs,etc.).
Michigan Tax Tribunal "Residential and Small Claims Division"and "Small
Claims".Parties agree Small Claims cases require due diligence to reach a
result that enables Assessment Division Personnel to continue to develop fair,
objective,impartial,uniform,and credible assessments of properties for
assessment purposes.
4.2.1 Small Claims cases involving Assessment Division Personnel.The
Parties agree many Small Claim cases are non-complex residential
properties other non-complex non-residential properties,and those
involving Assessment Division Personnel filing Answers to Petitions,
with remainder of communications directly with Petitioners (i.e.,
owners).These cases will be handled with Assessment Division
Personnel preparing petition answers,valuation disclosures as
evidence for the Tribunal,testimony provided by Assessment Division
Personnel,and decisions provided by the Tribunal.In these cases,
Municipality agrees its attorney would be involved,as necessary,and
in instances when motion practice is required for inspection of the
property,or if the case were appealed to the Court of Appeals.
4.2.2 Small Claims cases involving Municipality attorney and/or
appraisers.The Parties agree on complex residential properties,
complex non-residential properties,cases involving special
assessments,and other cases wherethe issue is of a legal nature,there
is often a need for the Municipality attorney to file its answer from the
start of the appeal,or for the Municipality to hire an independent fee
appraiser.The Parties will work together on the selection of appraisers
and may prepare list of pre-selected appraisers that can be used in
real property appeals.Assessment Division Personnel will assist the
Municipality attorney with final resolution of these appeals.The
Parties agree Assessment Division Personnel,in consultation with the
Municipality,will determine complexity of the case and/or of the
property on a case-by-case basis.
4.2.3 Municipality agreesit will be financially responsible for all costs incurred
for any Tribunal appeals (including but not limited to,appraisals,
inspections,surveys,legal costs,photocopies etc.).
The Parties agree that they will cooperate and assist in appeals to the Court
of Appeals and State Supreme Court,and in cases filed in the Oakland County
Circuit Court,in the same manner as set forth above.Municipality agrees that
it is responsible for legal representation in all courts and for all costs incurred
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 7
§5.
§6.
for any tax related appeals to Michigan courts (including but not limited
to appraisals,inspections,surveys,legal fees and costs,etc.).
STATE TAX COMMISSION.Assessment Division Personnel agree to assist the
Municipality with matters involving the Commission,including petitioning and defense
activities,matters relating to issues of classifications and incorrectly reported and
omitted property ("MCL 211.154").Assessment Division Personnel will also provide
those services necessary to initiate within,or to respond to inquiries from,the
Commission including,but not limited to,assessment,incorrectly reported and/or
omitted property,tax exemptions,and/or classification matters pertaining to property
located within the Municipality,and will prepare and file documents required with the
Commission,and will appear before the Commission,when necessary.
MANNER IN WHICH COUNTY WILL PROVIDE ASSESSMENT SERVICES.The
Parties agree that any and all Assessment Services to be provided by the County for
the Municipality under this Contract shall be performed solely and exclusively as
defined herein.
6.1.Assessment Division Personnel shall be employed and assigned by the
County based on such appropriate qualifications and other factors as decided
solely by the County.
6.2.The Parties agree that the County shall be solely and exclusively responsible
for furnishing all Assessment Division Personnel with all job instructions,job
descriptions and job specifications and shall in all circumstances control,
supervise,train and direct them under this Contract.
6.3.The Parties agree the Assessment Division Personnel and Oakland County
Equalization Division main office is located at 250 Elizabeth Lake Road,Suite
#1000 W,Pontiac,Michigan,48341.
6.3.1 The Parties agree that County Agents will not maintain any specific,
regular,or otherwise routine office hours located within the
Municipality's offices.
6.4.Municipality agrees to maintain its own staff who will support Assessment
Division Personnel in delivery of any records,permits,fire reports,millage
rates,or documents,as may be required.
6.5.The Parties agree Municipality is not acting in a certified or uncertified support
staff capacity.This does not prevent the Municipality from providing its own
public services in other professional capacities (e.g.,Treasurer,Clerk,Building
Department,etc.).
6.6.The Parties agree MCL 211.10d and MCL 211.10e will be adhered to when
preparing the Municipality's assessment roll.
6.7.Except as otherwise expressly provided for herein,the Parties agree and
warrant that,at all times and for all purposes relevant to this Contract,the
County shall remain the sole and exclusive employer of all County Agents and
that the County shall remain solely and completely liable for any and all County
Agents'past,present,or future wages,compensation,overtime wages,
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
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6.8.
6.9.
expenses,fringe benefits,pension or retirement benefits,travel expenses,
mileage allowances,training expenses,transportation costs,and/or other
allowances or reimbursements of any kind,including,but not limited to,
workers’disability compensation benefits,unemployment compensation,
Social Security Act protection(s)and benefits,any employment taxes,and/or
any other statutory or contractual right or benefit based on or in any way related
to any County Agent's employment status.
This Contract is neither intended,nor shall it be interpreted,to create,change,
grant,modify,supplement,supersede,alter,or otherwise affect or control,in
any manner,form,or at any time,any right,privilege,benefit,or any other term
or condition of employment,of any kind or nature whatsoever,in,upon,or for
any County Agents with the County,any applicable County employment and/or
union contract,and/or any County rule(s),regulation(s),hours of work,shift
assignment,order(s),policy(ies),procedure(s),directive(s),ethical
guideline(s),etc.,which shall,solely and exclusively,govern and control the
employment relationship between the County and any County Agent and/or the
conduct and actions of any County Agent.To illustrate,but not otherwise limit,
this Contract does not and shall not be interpreted to limit,modify,control,or
otherwise affect,in any manner:
6.8.1 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 County
Agents and/or pay any and all County Agent's wages,salaries,
allowances,reimbursements,compensation,fringe benefits,or
otherwise decide any and all such terms and conditions of employment
and make any and all employment decisions that affect,in any way,the
employment of any County Agents with the County,subject only toits
applicable collective bargaining Contracts.
6.8.2 The County's sole and exclusive right,obligation,and responsibility to
determine,establish,modify,or implement any and all operational
policies,procedures,orders,rules,regulations,ethical guidelines,
and/or any other judgment,policy or directive which,in any way,
governs or controls any activity of any County Agent,any necessary
County Agent's training standards or proficiency(ies),any level or
amount of required supervision,any and all standards of performance,
any sequence or manner of performance,and any level(s)of
experience,training,or education required for any County Agents
performing any County duty or obligation under the terms of this
Contract.
Municipality agrees that except as expressly provided for under the terms of
this Contract and/or laws of this State,no Assessment Division 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 9
§7.
§8.
person who was a former County Agent but is no longer employed in that
capacity by the County.
6.10.Except as otherwise expressly provided by the Contract and/or applicable
State law,the Parties agree and warrant that neither the County,nor any
County Agent,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.
6.11.The Municipality shall not otherwise provide,furnish,or assign any County
Agents with any job instructions,job descriptions,job specifications,or job
duties,or in any manner attempt to control,supervise,train,or direct any
Personnel in the performance of any Assessment Service responsibilities
under the terms of this Contract.
LIMITS AND EXCLUSIONS ON COUNTY SERVICE.Except as otherwise expressly
provided for within this Contract,neither the County nor any County Agentsshall be
responsible for assisting or providing any other services or assistance to the
Municipality or assume any additional responsibility for assisting the Municipality in
any other way or manner with any Municipality obligations under any and all State
Property Tax Laws,including,but not limited to,providing any attorney or legal
representation to the Municipality or any Municipality Agent at any proceeding before
the Michigan Tax Tribunal or any other adjudicative body or court,.
7.1.Municipality agrees it shall,always and under all circumstances,remain solely
liable for any and all costs,legal obligations,and/or civil liabilities associated
with or in any way related to any Municipality tax appraisal or assessment
functions or any other Municipality legal obligation under any applicable State
Property Tax Laws.The Municipality shall employ and retain its own
Municipality legal representation,as necessary,to defend any such claim or
challenge before the State Tax Tribunal or any other court or review body.The
Municipality is financially responsible for all valuation costs associated with any
related Appraisals resulting from the assessment roll(s)pertaining to this
Contract.The Municipality shall copy Assessment Division Personnel on all
communications pertaining to appeals,and potential appeals,involving the
State Tax Commission and Michigan Tax Tribunal.
7.2.Except for those express statutory and any regulatory obligations incumbent
upon the Assessment Division Personnel to defend assessments they
performed before the Michigan Tax Tribunal,State Tax Commission and
courts,the Parties agree that no other County Agents,including any County
attorneys shall be authorized,required and/or otherwise obligated under this
Contract 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,State Tax Commission or any
other review body or court.
MUNICIPALITY AGENTS AND THE COUNTY.The Municipality agrees that it shall
be solely and exclusively responsible,during the term of this Contract,for
guaranteeing that all Municipality Agents fully cooperate with all County Agents in the
performance of all County Services under this Contract.Likewise,the County agrees
that it shall be solely and exclusively responsible,during the term of this Contract,for
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 10
§9.
guaranteeing that all Assessment Division Personnel fully cooperate with Municipality
Agents in the performance ofall County Services under this Contract.
8.1.
8.2.
8.3.
Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality.The
Municipality agrees that it shall be solely responsible for furnishing all
Municipality Agents with all job instructions,job descriptions and job
specifications and shall solely control,direct,and supervise all Municipality
Agents and shall be solely responsible for the means and manner in which
Municipality's duties or obligations under any applicable State Property Tax
Laws are satisfied.
The Municipality agrees that it shall be solely and completely liable for any and
all Municipality Agents’past,present,or future wages,compensation,overtime
wages,expenses,fringe benefits,pension or retirement benefits,travel
expenses,mileage allowances,training expenses,transportation costs,and/or
other allowances or reimbursements of any kind,including,but not limited to,
any workers’disability compensation benefits,unemployment compensation,
Social Security Act protection(s)and benefits,any employment taxes,and/or
any other statutory or contractual right or benefit based on or in any way related
to any Municipality Agent's employment status or any alleged violation of any
Municipality Agent's statutory,contractual (e.g.,union,employment,or labor
contract),constitutional,common law employment right,and/or civil rights by
the Municipality.To the extent permitted by law Municipality agrees to
indemnify and hold harmless the County from and against any and all Claim(s)
which are imposed upon,incurred by,or asserted against the County or any
County Agent by any Municipality Agent and/or which are based upon,result
from,or arise from,or are in any way related to any Municipality Agent's wages,
compensation,benefits,or other employment-related or based rights,
including,but not limited to,those described in this section.
The Municipality agrees that no Municipality Agent shall,by virtue of this
Contract or otherwise,be considered or claimed to be an employee of the
County and/or a County Agent.This Contract does not grant or confer,and
shall not be interpreted to grant or confer,upon any Municipality Agents or any
other individual any status,privilege,right,or benefit of County employment or
that of a County Agent.Furthermore,the County or any County Agent will not
be liable for any dissemination of assessment related information by the
Municipality or any Municipality Agent.
MUNICIPALITY RESPONSIBILITIES WITH THE COUNTY AND ITS AGENTS.
The Municipality agrees it shall provide,in a manner agreed upon with the County,
and preserving all necessary confidentiality requirements,information pertaining toits
activities affecting the tax status of any parcel including but notlimited to the following:
9.1.
9.2.
The establishment of Tax Increment Finance (TIF)Authorities (i.e.,
Brownfield Authority,Corridor Improvement Authority,Downtown Development
Authority,etc.);the approval or amendment of related development TIF plans.
The establishment of Economic Development RedevelopmentDistricts (i.e.,
Planned Unit Development,Neighborhood Enterprise Zones,Renaissance
Zones,etc.);the approval or amendment of related applications/plans.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 11
9.3.The establishment of an abatement type district (i.e.,Commercial
Redevelopment,Commercial Rehabilitation,Industrial Development,Plant
Rehabilitation,Obsolete Property Rehabilitation etc.);or amendment of related
Property Tax Exemption Applications.
9.4.The approval of an ordinance or agreement for a Payment In Lieu of Taxes
(P.1.L.0.T.)housing project.
9.5.The Municipality agrees to inform the County Agents regarding any increase
in taxation which is governed by the Truth in Taxation Act.Further,the
Municipality agrees to inform the County Agents regarding any millage
increase (new)or renewal.
9.6.The Municipality will be responsible for maintaining a paper trail of any Special
Assessment District (SAD)and Special Assessment Roll (SAR)development,
any changes thereto,and their related billings,maintaining the rolls in balance,
any required reports such as delinquency reports,and providing the County
with the information necessary to prepare warrants.
9.7.The Municipality will forward all exemption applications,property transfer
affidavits,personal property statements,and any and all other property
assessment and property tax related documents affecting the status or value
of property located within the Municipality to the County in a timely manner.
9.8.The Municipality shall provide a copy of all building permits with parcel
identification numbers to the County Agents on a monthly basis.
9.9.The Municipality agrees to keep the County current with,and be responsible
for,the following functions.
9.9.1 Maintain adherence to its policies,any and all of its related ordinances,
and all local and state laws and regulations.
9.9.2 Maintain current address and name changes for municipal taxpayers,
including any and all parcel owner and occupant names.
9.10.The Municipality agrees to provide County Agents,and any related Boards of
Review,committee,and related work groups,with adequate space for the
County while they are present.The Municipality shall provide reasonable
accommodation such access to printers,copiers,etc.as to not impede their
work.Accommodation will also be made for the public who come for assessing
related inquiries,particularly during times when Boards of Review are in-
session.
§10.TERM AND PAYMENT SCHEDULE OF CONTRACT.The County will perform the
Assessment Services for the Municipality for the term and payment of fees as
provided for in the following subsections.
10.1.The Contract term shall be from July 1,2023,through June 30,2025.
10.2.For the period from July 1,2023 through June 30,2024 ("Contract Year 23-
24"),the Municipality shall pay to the County the sum of $15.60 for each parcel
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 12
10.3.
10.4.
10.5.
10.6.
10.7.
10.8.
16.9;
of Real Property description and $14.27 for each Personal Property parcel
description.Payment for Contract Year 23-24 is due and payable on or before
July 1,2024.If,or when,during the term of this Contract,there are additional
Assessment Services requested by Municipality of the County,the Parties shall
negotiate additional fees to be paid by the Municipality.
For the period from July 1,2024,through June 30,2025 ("Contract Year 24-
25"),the Municipality shall pay to the County the sum of $16.22 for each parcel
of Real Property description and $14.84 for each Personal Property parcel
description.Payment for Contract Year 24-25 is due and payable on or before
July 1.2025.If,or when,during the term of this Contract,there are additional
Assessment Services requested by Municipality of the County,the Parties shall
negotiate additional fees to be paid by the Municipality.
The Municipality shall be responsibile for postage for any and all real and
personal property statements and any and all real and personal property
notices mailed for all work performed under this Contact.
In the event that Municipality Agents,for whatever reasons,fail or neglect to
undertake the tasks in any of the sections of this Contract assigned to them,
and the County Agents have to take on additional work tasks,then the County
shall be paid on a time and material basis.Such rates shall be based upon the
wages plus benefits of the County Agents performing said tasks.
This Contract is effective as of the initial date as prescribed above when the
Contract term begins,or in the event the Contract is signed after this date,then
it is effective as of the execution by both Parties to this Contract and shall end
on the provided Contract's conclusion date as provided herein,without any
further act or notice from either Party being required.
No less than 30 daysprior to the Contract's ending date,both Parties may
mutually agree to extend this contract for a period of no more than 180 days
from the original Contract's ending date.Any,and all,County Services
otherwise provided to the Municipality prior to the effective date of this
Contract,shall be subject to the terms and conditions provided for herein.
If the Municipality fails,for any reason,to pay the County any monies when
and as due under this Contract,the Municipality agrees that unless expressly
prohibited by law,the County or the County Treasurer following thirty (30)days
advanced written notice to cure,at their sole option,shall be entitled to a setoff
from any other Municipality funds that are in the County's possession for any
reason.Funds include but are notlimited to the Delinquent Tax Revolving
Fund ("DTRF").Any setoff or retention of funds by the County shall be deemed
a voluntary assignment of the amount by the Municipality to the County.The
Municipality waives any claims against the Countyor its Officials for any acts
related specifically to the County's offsetting or retaining such amounts.This
paragraph shall not limit the Municipality's legal right to dispute whether the
underlying amount retained by the County was actually due and owing under
this Contract.
If the County chooses not to exercise its right to setoff or if any setoff is
insufficient to fully pay the County any amounts due and owing the County
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 13
§11.
10.10.
10.11.
10.12.
10.13.
10.14.
under this Contract,the County shall have the right to charge up to the then-
maximum legal interest on any unpaid amount.Interest charges shall be in
addition to any other amounts due to the County under this Contract.Interest
charges shall be calculated using the daily unpaid balance method and
accumulate until all outstanding amounts and accumulated interest are fully
paid.The interest to be charged shall not exceed the annual maximum rate set
forth in MCL 438.41.
Nothing in this Section shall operate to limit the County's right to pursue or
exercise any other legal rights or remedies under this Contract against the
Municipality to secure reimbursement of amounts due the County under this
Contract.The remedies in this Section shall be available to the County on an
ongoing and successive basis if Municipality at any time becomes delinquent
in its payment.Notwithstanding any other term and condition in this Contract,
if the County pursues any legal action in any court to secure its payment under
this Contract,the Municipality agrees to pay all costs and expenses,including
attorney's fees and court costs,incurred by the County in the collection of any
amount owed by the Municipality.
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 Municipality agrees that the County maydiscontinue,
upon thirty (30)days written notice to the Municipality,without any penalty or
liability whatsoever,any County services or performance obligations under this
Contract.
The Parties agree that this Contract and/or any subsequent amendments
thereto,shall not become effective prior to the approval by concurrent
resolutions of both the Oakland County Board of Commissioners and the
Governing Body of the Municipality The approval and terms of this Contract,
and/or any possible subsequent amendments thereto,shall be entered in the
official minutes and proceedings of both the Oakland County Board of
Commissioners and the Governing Body of the Municipality and shall also be
filed with the office of the Clerk of the County and the Clerk for the Municipality.
The Parties agree that this Contract,and/or any possible subsequent
amendments,shall be filed with the Michigan Secretary of State and this
Contract,and/or any possible subsequent amendments,shall not become
effective prior to this required filing with the Secretary of State.
The Parties agree that except as expressly provided herein,this Contract shall
not be changed,supplemented,or amended,in any manner,except as
provided for herein,and no other act,verbal representation,document,usage
or custom shall be deemed to amend or modify this Contract in any manner.
Any amendment to this Contract shall only be valid if written and signed by the
Parties.
CANCELLATION OR TERMINATION OF THIS CONTRACT.Except as
follows,and notwithstanding any other term or provision in any other section ofthis
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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 14
§12.
§13.
Party.The effective date for any such termination is to be clearly stated in the notice.
11.1.
11.2.
At 5:00 p.m.on the effective date of the cancellation of this Contract all
Municipality and/or County obligations under this Contract,except those rights
and obligations expressly surviving cancellation as provided for in this
Contract,shall end.
The Parties agrees that any and all obligations,including,but not limited to,
any and all indemnification and hold harmless promises,waivers of liability,
record-keeping requirements,any Municipality payment obligations to the
County,and/or any other related obligations provided for in this Contract with
regard to any acts,occurrences,events,transactions,or Claim(s)either
occurring or having their basis in any events or transactions that occurred
before the cancellation or completion of this Contract,shall survive the
cancellation or completion of this Contract.
NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO THE COUNTY.
Except as expressly provided for in this Contract,the Municipality agrees that this
Contract does not,and is not intended to,transfer,delegate,or assign to the County,
and/or any County Agent or the Equalization Division any civil or legal responsibility,
duty,obligation,duty of care,cost,legal obligation,or liability associated with any
governmental function delegated and/or entrusted to the Municipality under any
applicable State Property Tax Laws.
12.1.
12.2.
12.3.
12.4.
The Municipality shall,always and under all circumstances,remain solely liable
for all costs,legal obligations,and/or civil liabilities associated with or in any way
related to any Municipality tax appraisal or assessment functions or any other
Municipality legal obligation.The Municipality agrees that under no
circumstances shall the County be responsible for any costs,obligations,
and/or civil liabilities associated with its Municipality function or any
responsibility under any State Property Tax Law.
The Municipality shall not incur or create any debts,liens,liabilities or
obligations for the County and shall take all necessary steps to ensure that any
debts,liens,liabilities or obligations that the Municipality may incur shall not
become a debt,liability,obligation or Claim(s)against the County.
The Parties agree that the Municipality shall always remain responsible for the
ultimate completion of all Municipality duties or obligations under any and all
applicable State Property Tax Laws.Nothing in this Contract shall relieve the
Municipality of any Municipality duty or obligation under any applicable State
Property Tax Law.
The Municipality and Municipality Agents shall be and remain responsible for
compliance with all Federal,State,and local laws,ordinances,regulations,and
agency requirements in any manner affecting any work or performanceof this
Contract or with any Municipality duty or obligation under any applicable State
Property Tax Law.
NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY.The
Parties reserve to themselves any rights and obligations related to the provision ofall
of each Party's respective governmental services,authority,responsibilities,and
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 15
§14.
obligations.Except as expressly provided otherwise herein,this Contract does not,
and is not intended to,create,diminish,delegate,transfer,assign,divest,impair,or
contravene any constitutional,statutory,and/or other legal right,privilege,power,civil
or legal responsibility,obligation,duty of care,liability,capacity,immunity,authority or
character of office of either Party to any other person or Party.
13.1.
13.2.
The Parties further agree,notwithstanding any other term or condition in this
Contract,that no provision in this Contract is intended,nor shall it be construed,
as a waiver of any governmental immunity,as provided bystatute or applicable
court decisions,by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
Notwithstanding any other provision in this Contract,nothing in this Contract
shall be deemed to,in any way,limit or prohibit the Oakland County Board of
Commissioners statutory rights and obligations to review and/or further
equalize Municipality property values or tax assessments and/or further act
upon any Municipality assessmeni(s)of property taxes under any applicable
State Property Tax Laws,including,but not limited to challenging any
Municipality assessment before the Michigan Tax Tribunal.
INDEMNIFICATION,LIABILITY AND INSURANCE.The Municipality further agrees
that the County shall not be liable to the Municipality for any,and all,Claim(s),except
as otherwise expressly provided for in this Contract.
14.1.
14.2.
The Parties agree that this Contract does not and is not intended to create or
include any County warranty,promise,covenant or guaranty,either express or
implied,of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents,or any Municipality Taxpayer or any other
person or entity,or that the County's efforts in the 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
County services provided under this Contract will withstand any challenge
before the State Tax Tribunal or any court or review body,or any other such
performance-based outcome.
In the event of any alleged breach,wrongful termination,and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for
any indirect,incidental,special or consequential damages,including,but not
limited to any replacement costs for County Services,any loss of income or
revenue,and/or any failure by the Municipality to meet any Municipality
obligation under any applicable State Property Tax Laws,or any other
economic benefit or harm that the Municipality may have realized,but for any
alleged breach,wrongful termination,default and/or cancellation of this
Contract,or damages beyond or in excess of the amount(s)of any amount
paid to,received or retained by the Countyat the time of the alleged breach or
default in connection with or under the terms of this Contract,whether such
alleged breach or default is alleged in an action in contract or tort and/or
whether or not the Municipality has been advised of the possibility of such
damages.This provision and this Contract are intended by the Parties to
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 16
§15.
14.3.
14.4.
14.5.
allocate the risks between the Parties,and the Parties agree that the allocation
of each Party's efforts,costs,and obligations under this Contract reflect this
allocation of each Party's risk and the limitations of liability as specified herein.
Notwithstanding any other provision in this Contract,with regard to any and all
alleged losses,claims,complaints,demands for relief or damages,suits,
causes of action,proceedings,judgments,deficiencies,liability,penalties,
litigation costs and expenses,including,but not limited to,any reimbursement
for reasonable attorney fees,witness fees,court costs,investigation and/or
litigation expenses,any amounts paid in settlement,and/or any other amounts,
liabilities of any kind whatsoever which are imposed on,incurred by,or
asserted against the Municipality or any Municipality Agent by any third person,
including but not limited to any Municipality Agent or Municipality Taxpayer,
arising out of any activities or Services to be carried out by any County Agent in
the performance of this Contract,the Municipality hereby agrees thatit shall
have no rights pursuant to or under this Contract against the County and/or
any County Agents to or for any indemnification (i.e.,contractually,legally,
equitably,or by implication)contribution,subrogation,or other right to be
reimbursed by the County and/or any of County Agents based upon any and
all legal theories or alleged rights of any kind,whether known or unknown,for
any and all alleged losses,claims,complaints,demands for relief or damages,
judgments,deficiencies,liability,penalties,litigation costs and expenses of any
kind whatsoever which are imposed on,incurred by,or asserted against the
Municipality and which are alleged to have arisen under or are in any way
based or predicated upon this Contract.
Each Party shall be responsible for any Claims made against that Party and
for the acts of its Employees or Agents.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.Except as otherwise provided in this Contract,neither Party shall have
any right under any legal principle to be indemnified by the other Party or any
of its Employees or Agents in connection with any Claim.This Contract does
not,and is not intended to,impair,divest,delegate,or contravene any
constitutional,statutory,and/or other legal right,privilege,power,obligation,
duty,or immunity of the Parties.Nothing in this Contract shall be construed as
a waiver of governmental immunity for either Party.
The Parties agree the County shall not be in breach of this Contract or
responsible for any consequential or compensatory damages arising from any
late performance or non-performance of this Contract agreement caused by
circumstances which are beyond the County's control (e.g.,extreme illnesses,
natural disasters,or other "acts of God").
INDEPENDENT CONTRACTOR.The Parties agree that at all times and for all
purposes under the terms of this Contract,the County's and/or any and all County
Agents'legal status and relationship to the Municipality shall be that of an Independent
Contractor.Except as expressly provided herein,each Party will be solely responsible
for the acts of its own employees,Agents,and servants during the term of this
Contract.No liability,right or benefits arising out of an employer/employee
relationship,either express or implied,shall arise or accrue to either Party as a result
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICESWITHTHETOWNSHIPOFGROVELAND
Page 17
§16.
§17.
§18.
§19.
§20.
§21.
§22.
§23.
of this Contract.
COUNTY_PRIORITIZATION.OF COUNTY RESOURCES.The Municipality
acknowledges and agrees that this Contract does not,and is not intended to,create
either any absolute right in favor of the Municipality,or any correspondent absolute
duty or obligation upon the County,to guarantee that any specific number(s)or
classification of County Agents will be present on any given day to provide County
services to the Municipality.
NO THIRD-PARTY BENEFICIARIES.Except as expressly provided herein for the
benefit of the Parties (i.e.,County or Municipality},this Contract does not,and is not
intended to,create,by implication or otherwise,any direct or indirect obligation,duty,
promise,benefit,right to be indemnified (i.e.,contractually,legally,equitably,or by
implication)and/or any right to be subrogated to any Party's rights in this Contract,
and/or any other right of any kind,in favor of any person,including,but not limited to,
any County Agentor Municipality Agent or any Municipality Taxpayer,any Taxpayer's
legal representative,any organization,any alleged unnamed beneficiary or assignee,
and/or any other person.
CONFIDENTIALITY.The Parties agree,not to disclose any information which has
been determined confidential by the Commission,and at least annually will review
such requirementsfor confidential information handling with staff that will have contact
with such record information.
CONSTRUED AS A WHOLE.The language of all parts of this Contract is intended
to and,in all cases,shall be construed as a whole according to its fair meaning,and
not construed strictly for or against any Party.As used in this Contract,the singular
or plural number,possessive or non-possessive shall be deemed to include the other
whenever the context so suggests or requires.
CAPTIONS.The section headings or titles and/or all section numbers contained in
this Contract are intended for the convenienceof the reader and not intended to have
any substantive meaning and are notto be interpreted as part of this Contract.
NOTICES.Except as otherwise expressly provided for herein,any and all
correspondence,invoices,and/or any other written notices required,permitted or
provided for under this Contract to be delivered to either Party shall be sent to that
Party by first class mail.All such written notices,including any notice canceling or
terminating this Contract as provided for herein,shall be sent to the other Party's
signatory to this Contract,or that signatory's successor in office,at the addresses
shown in this Contract.All correspondence or written notices shall be considered
delivered to a Party as of the date that such notice is deposited with sufficient postage
with the U.S.Postal Service.
WAIVER OF BREACH.The waiver of a breach of any provision of this Contract shall
not operate or be construed as a waiver of any subsequent breach.Each and every
right,remedy and power granted to either Party or allowed it by law shall be cumulative
and not exclusive of any other.
ENTIRE CONTRACT.This Contract sets forth the entire agreement between the
County and the Municipality and fully supersedes any and all prior agreements or
understandings between them in any way related to the subject matter hereof.It is
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 18
further understood and agreed that the 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 in any way
related to the subject matter hereof,except as expressly stated herein.This Contract
shall not be changed or supplemented orally and may be amended only as otherwise
provided herein.
For and in consideration of the mutual assurances,promises,acknowledgments,warrants,
representations,and agreements set forth in this Contract,and for other good and valuable
consideration,the receipt and adequacy of which is hereby acknowledged,the undersigned
hereby execute this Contract on behalf of the Parties,and by doing so legally obligate and
bind the Parties to the terms and conditions of this Contract.
{SIGNATURES CONTAINED ON FOLLOWING PAGES}
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 19
IN WITNESS WHEREOF,Robert DePalma,Township Supervisor of the Township of
Groveland,hereby acknowledges that he has been authorized by a resolution of the Governing
Body of the Township of Groveland,a certified copy of which is attached,to execute this
Contract on behalf of the Municipality and hereby accepts and binds the Township of
Groveland to the terms and conditions of this Contract.
fAD
a ’
LUA LA pate:
A
Po)
“Robert DePalma,
Supervisor Township
of Groveland
WITNESSED:
pate:_L/PLA O24ilKeller,Clerk
wnship of Groveland
IN WITNESS WHEREOF,David T.Woodward,Chairperson,Oakland County Board of
Commissioners,hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners,a certified copy of which is attached,to execute
this Contract on behalf of the Oakland County,and hereby accepts and binds Oakland
County to the terms and conditions of this Contract.
ECUTED:LS
1ae)pate.//12%/2—David T.Woodward,
Chairperson Oakland County Board of Commissioners
WITNESSED:Ob SelleoA)
(Print Name)de AESTE Iw reUo
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE TOWNSHIP OF GROVELAND
Page 20
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COUNTY MICHIGAN
BOARD OF COMMISSIONERS
AGENDAITEM:Extension(s)of Real and Personal Property Assessment Administration Services for
Oakland County Communities
DEPARTMENT:Equalization
MEETING:Board of Commissioners
DATE:Thursday,August 17,2023 7:39 PM -Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3225
Motion to approve the attached agreement for Oakland County Equalization Division Assessing
Servicesfor the term July 1,2023 through June 30,2025 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;further,the Oakland County Board of
Commissioners authorizes the Board Chair to execute the required Agreement on behalf of Oakland
County.
ITEM CATEGORY SPONSORED BY
Contract Marcia Gershenson
INTRODUCTION AND BACKGROUND
The Equalization Division provides a number of services to local units of government including
original assessments,reappraisals,and file maintenance.
These services are provided under interlocal agreements with the local units as approved by the
Board of Commissioners.Estimated revenues and expenditures associated with the services for
these agreements are included in the FY 2024 through FY 2026 County Executive Recommended
Budget.The County Executive Administration is recommending two-year renewals of these
agreements,with a general 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 three-year agreements beginning in 2025.
POLICY ANALYSIS
BUDGET AMENDMENT REQUIRED:No
Committee members can contact Michael Andrews,Policy and Fiscal Analysis Supervisor at248.425.5572 or andrewsmb@oakgov.com,or the department contact persons listed for additionalinformation.
CONTACT
Micheal Lohmeier,Equalization Officer
Kyle Jen,Director Management &Budget-APP
ITEM REVIEW TRACKING
Aaron Snover,Board of Commissioners Created/Initiated -8/17/2023
AGENDA DEADLINE:08/27/2023 7:39 PM
ATTACHMENTS
1.RATES for 23 thru 25 years 07 31 23
2.Real and Personal Property Assessment Contract FINAL 07 31 23
COMMITTEE TRACKING
2023-08-09 Finance -Recommend to Board
2023-08-17 Full Board -Approve
Motioned by:Commissioner Robert Hoffman
Seconded by:Commissioner Brendan Johnson
Yes:David Woodward,Michael Spisz,Penny Luebs,Karen Joliat,Kristen Nelson,ChristineLong,Robert Hoffman,Philip Weipert,Gwen Markham,Angela Powell,Marcia Gershenson,William Miller Ill,Yolanda Smith Charles,Charles Cavell,Brendan Johnson,Ajay Raman (16)No:None (0)
Abstain:None (0)
Absent:Gary McGillivray,Michael Gingell (2)
Passed
December 11, 2023 minutes APPROVED
1
GROVELAND TOWNSHIP BOARD
REGULAR MEETING
THIS MEETING WAS HELD
December 11, 2023
7:00 pm
PLEDGE OF ALLEGIANCE
CALL TO ORDER
DePalma called the regular meeting of the Groveland Township Board to order at 7:01pm.
Members present were:
Robert DePalma, Supervisor
Jenell Keller, Clerk
Theresa Bills, Treasurer
James Christopher, Trustee
Gina Muzzarelli, Trustee
Also in attendance: Fire Chief Mason and Sergeant Millar
APPROVED AGENDA:
Bills motioned to approve the agenda as submitted. The motion was supported by Muzzarelli
ALL IN FAVOR - MOTION CARRIED
APPROVED MINUTES:
Board Meeting:
• Page 2 Under Accounts Payable: Remove the underscore
• Page 4 Under HB 4695 Peg: Franchise change spelling
• Page 7 Under Treasurer Report: Training for BZA, combine bullet points, with half off
classes
Muzzarelli accepted the Board Minutes from November 14, 2023 with the changes as
presented. Keller supported
ALL IN FAVOR- MOTION CARRIED
Fire Board Meeting:
Bills approved Fire Board minutes from November 14, 2023. Muzzarelli second
ALL IN FAVOR – MOTION CARRIED
December 11, 2023 minutes APPROVED
2
FINANCIALS
REVIEWED BUDGET AMENDMENTS:
No Budget Amendments
APPROVED ACCOUNTS PAYABLES:
General Fund Total: $22,000 BLD: $2,000.00 Fire Fund Total: $23,900.97
Keller motioned to accepted Accounts Payables as presented. Muzzarelli second
ROLL CALL VOTE-ALL IN FAVOR-MOTION CARRIED
REVENUE & EXPENSE REPORT:
• Professional Development reimbursement for a Trustee for training
• $91,000 paid for the parking lot
• $23,900.97 paid for Fire Repairs & Maintenance
• $2,000.00 paid from Building for Point & Pay set up fee
ROLL CALL VOTE-ALL IN FAVOR-MOTION CARRIED
INVESTMENT REPORTS:
• Everything up to date
• Interest rate at 5-5 ½%
PRESENTATIONS: Richard Marinucci-Groveland Twp Fire Dept. Analysis
• Chief Mason is doing a great job
• Evaluate from time to time
-make sure you are checking rates
-following up with your billing departments
-Look at costs for maintaining Fire trucks
• Groveland has 43% more runs than most in the county
DePalma asked the public for any questions: Public asked if we could add report to The Citizen
Bills clarified the report is public knowledge, posted online and the video from tonight will be
uploaded.
PUBLIC HEARING:
NONE
December 11, 2023 minutes APPROVED
3
UNFINISHED BUSINESS:
NONE
NEW BUSINESS:
A. Assessor Contract
• Did not signed the Contract
• Last supervisors meeting the County made some changes to the contract
• Groveland would like the same contract that was given to Springfield Twp
DePalma approved we suggest to the County that Groveland Twp will sign the Assessor
Contract if it reflects the same terms and conditions as Springfield Twp. Muzzarelli second
ALL IN FAVOR – MOTION CARRIED
B. Adopting Early Voting Sites
• 2024 first year for early voting
• 9 days of early voting
-Starting on Saturday ending on the following Sunday
-Election Day will still be that Tuesday
• Site at Township Hall: possible open hours 8:30am-4:30pm
Keller motioned we adopt our early voting site at Township Hall located on lower level.
Bills second
ALL IN FAVOR-MOTION CARRIED
C. Board Appointments for Planning Commission & ZBA & Board of Review
• Board of Review: Kevin Mason, Neil Loughlin, Judy Flynn
• Planning Commission: Jim Christopher, Lynn Schank, David Newbill
• ZBA: Judy Schulte, Chris Johnesee, Gina Muzzarelli, Jeff Penzien
Keller motion for the appointees to be renewed for 2024. Bills second.
ALL IN FAVOR-MOTION CARRIED
D. Springfield Township Master Plan Update
• Springfield Twp notified Groveland Twp of their updates because we are their
neighboring town
December 11, 2023 minutes APPROVED
4
E. 2024 NoHaz
• Contract will increase due to expenses going up
• Raise cost to $15 for Groveland residents
DePalma motioned to sign the 2024 NoHaz contract with the raised cost at $15.00 per vehicle.
Keller supported
ROLL CALL-ALL IN FAVOR-MOTION CARRIED
F. 2024 MTA Capital Conference
• Annual conference in Lansing, Regarding key issues in 2024
• Cost $85.00
DePalma motion to send one person from the Township office to go the MTA Capital Conference.
Muzzarelli supported
G. 2024 MMTA Winter Workshop
• Workshop in Lansing for Treasurers, Regarding lower cases of Fraud
Bills approved from the Treasurer’s Professional Development Budget up to $400.00 for hotel
and travel expenses for the workshop January 18-19, 2024. Muzzarelli second.
ROLL CALL VOTE-ALL IN FAVOR-MOTION CARRIED
H. Michigan Municipal Clerks Institute
• March 2024: Duration 1 week
• 3-year program offered, after 3 years of completion goes towards Clerk certification
Keller motioned to approve the conference fees meals and milage. Muzzarelli second.
ROLL CALL VOTE-ALL IN FAVOR-MOTION CARRIED
I. 2024 Board Meeting Dates
• Will be posted online, calendar, newspaper
Keller motioned to accept the dates as presented. Muzzarelli second
ALL IN FAVOR-MOTION CARRIED
December 11, 2023 minutes APPROVED
5
J. Lift Assist Costs
• We have already adopted cost in October 2023
K. Retracting Zoning Ordinance
Muzzarelli motioned we retract to the original Zoning Ordinance until they are
amended based on the Planning Commission recommendations. Christopher second
ALL IN FAVOR-MOTION CARRIED
MISCELLANEOUS REPORTS:
HAYA – Holly Area Youth Assistance:
• No meeting in December 2023
• Shoe Program: 2 students in November received shoes
• Jacobson Quinn Toy Project: $3300.00 were raised
• Skill Building paid for 3 wrestlers; and paid for 5 students AP class test
• Had a table for Suicide prevention at Holly school
BGYA – Brandon/Groveland Youth Assistance:
• Meeting tomorrow: 2024 Calendar and Budget to be reviewed
PLANNING COMMISSION:
• Entertained Site plan approval with Camp Tamarack, meeting December 13,
2023 to further discuss
BOARD OF ZONING APPEALS:
• Feb 13th, 2024
• Thank you to David Martin, State Representative
• Received in September the Map for invasion species remediation in Groveland
Twp
-We want to know prior to applications if any toxic chemicals are being
used; what goes into the water table goes in the wells
• We will be able to say no for spraying in front of your home
SUPERVISOR:
• Trying to acquire an easement for our park project
• Working on the promotional video for the park
December 11, 2023 minutes APPROVED
6
CLERK:
• Attended the Clerk Luncheon: 2024 Elections Updates
• February 27, 2024 Election
• Keep your eyes out for the AV Application
• Primary Ballot List: will still have to sign the Primary Selection Document, pick which ballot
you want
• December 20, 2023: Holidays Hours take effect
• Will be open December 28th, 2023 day for tax purposes
TREASURER:
• December 12, 2023 10am Board of Review Meeting
• Attended Treasurer Luncheon: Foreclosure notices have been posted
• If need you need assistance with taxes that are due from 2021 or older, home owner
assistance meetings are going on at the Oakland County Office
• Updating phones about office closures
• Visa Class Action Settlement; *possibly will enter a claim for Groveland Twp after speaking
with other Treasurers
PUBLIC COMMENTS:
Dave Martin, State Representative
- meeting January 10th, 2024
- Polling sign questions: Do we have a sign ordinance? Yes, Polling Signs are good for 30
days
ADJOURNMENT:
There being no further business on the agenda, DePalma motioned to adjourn the meeting
and break for fire board at 8:42pm. Supported by Muzzarelli
ALL IN FAVOR BY PROCLAMATION.
Respectfully Submitted,
Laura Baughey
Recording Secretary
December 11, 2023 minutes APPROVED
7
FIRE Board
Reconvened for Fire board meeting at 8:42pm.
• 52 calls
• 874 calls
Muzzarelli Motion to hire Kevin Albert paid on call. Bills second
Muzzarelli Hire Richard Davis as a fill in for Brandon Groveland fore department, Keller second
All in favor-motion carried
• 7o meals were given out for Thanksgiving
• Got approval to purchase the nozzles
• Grants from DNR came thru and we will receive a brush truck
• Christmas party on Friday the 15th
• Have good response CPR classes, smoke det
• Addison Township report (watch video)
DePalma motioned to adjourn fire board meeting at 8:57pm. Bills supported.
All in favor by proclamation.
January 29, 2024
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 August 17, 2023, the Board of Commissioners for Oakland County entered into an agreement per RPT #2023-3225 –
Equalization – Extension(s) of Real and Personal Property Assessment Administration Services for Oakland County
Communities.
As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of
Oakland and the Township of Groveland, and the authorizing Board of Commissioners Resolution are enclosed for filing by
your office.
Send confirmation of receipt of this agreement to:
Mr. Joseph Rozell, Director of Elections
Oakland County Clerk/Register of Deeds
County Service Center, Building #14 East
1200 N. Telegraph Rd.
Pontiac, MI 48341
(Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.)
Contact our office at (248) 858-0564 if you have any questions regarding this matter.
Sincerely,
COUNTY OF OAKLAND
Joseph J. Rozell, CERA
Director of Elections
Cc: Donna Dyer, Corporation Counsel, Oakland County
Erika Munoz-Flores, Corporation Counsel, Oakland County
Jenell Keller, Clerk, Township of Groveland
Kimberly Hampton, Technical Specialist, Equalization Division
Enclosures