HomeMy WebLinkAboutInterlocal Agreements - 2023.08.17 - 40951
AGENDA ITEM: 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
Services for 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 at
248.425.5572 or andrewsmb@oakgov.com, or the department contact persons listed for additional
information.
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, Christine
Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson,
William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ajay Raman (16)
No: None (0)
Abstain: None (0)
Absent: Gary McGillivray, Michael Gingell (2)
Passed
COMMUNITIES
2023-2024 RATE PER
PARCEL REAL
PROPERTY
2023-2024 RATE
PER PARCEL
PERSONAL
PROPERTY
2024-2025 RATE
PER PARCEL REAL
PROPERTY
2024-2025 RATE PER
PARCEL PERSONAL
PROPERTY
CITIES
Berkley $15.60 $14.27 $16.22 $14.84
Birmingham $20.28 $14.82 $21.09 $15.41
Bloomfield Hills $20.84 $15.27 $21.68 $15.88
Clarkston $16.05 $14.27 $16.69 $14.84
Clawson $15.60 $14.27 $16.22 $14.84
Farmington $19.51 $14.27 $20.29 $14.84
Ferndale $15.60 $14.27 $16.22 $14.84
Hazel Park $13.94 $13.82 $14.50 $14.37
Huntington Woods $15.60 $14.82 $16.22 $15.41
Keego Harbor $16.05 $14.27 $16.69 $14.84
Lathrup Village $16.05 $14.27 $16.69 $14.84
Madison Heights $17.04 $14.27 $17.72 $14.84
Orchard Lake $27.54 $14.25 $28.64 $14.82
Pleasant Ridge $15.60 $14.27 $16.22 $14.84
Pontiac $17.04 $15.27 $17.72 $15.88
Rochester $16.05 $14.27 $16.69 $14.84
South Lyon $15.93 $13.04 $16.56 $13.56
Walled Lake $16.05 $14.27 $16.69 $14.84
Wixom $19.51 $14.82 $20.29 $15.41
TOWNSHIPS $0.00 $0.00 $0.00 $0.00
Commerce $20.06 $14.70 $20.86 $15.28
Groveland $15.60 $14.27 $16.22 $14.84
Holly $16.82 $14.27 $17.49 $14.84
Lyon $16.82 $14.27 $17.49 $14.84
Milford $16.82 $14.27 $17.49 $14.84
Novi $16.50 $16.49 $17.16 $17.15
Oakland $18.28 $14.27 $19.01 $14.84
Orion $17.28 $14.27 $17.97 $14.84
Oxford $17.28 $14.27 $17.97 $14.84
Rose Township $17.04 $14.27 $17.72 $14.84
Royal Oak $15.27 $12.59 $15.88 $13.10
Southfield $16.82 $14.27 $17.49 $14.84
Springfield $16.49 $14.93 $17.15 $15.53
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE «MUNICIPALITY»
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE
FOR
REAL AND PERSONAL PROPERTY ASSESSMENT
ADMINISTRATION SERVICES
WITH [ ]
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 [COMMUNITY CLIENT NAME], a Michigan
Constitutional and Municipal Corporation whose address is [COMMUNTY CLIENT ADDRESS]
(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
1. 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 absent an agreement such as this, and in accordance with
MCL 211.10(f)(1), 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 prepare the 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE «MUNICIPALITY»
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, representations,
and agreements set forth in this Contract, and for other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the County and the Municipality 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 “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.
1.2 “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
provided 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.
1.3 “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 reference in 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE «MUNICIPALITY»
Division of the Department of Management and Budget.
1.4 “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. 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.
1.5 “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.
1.6 “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.
1.7 “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.
1.8 “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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE «MUNICIPALITY»
otherwise, and will do so as:
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.
§2. 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.
§3. 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., BS&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 will annually determine assessed, capped, and
taxable value for each property.
3.5 Assessment Division Personnel will process and review all new exemption
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE «MUNICIPALITY»
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.
3.6 Assessment Division Personnel will analyze sales data to uniformly and equitably
generate accurate assessments and create land and ECF studies.
3.7 Assessment Division Personnel will evaluate mass appraisal acceptable statistical
measurements for annual assessment-to-sale ratio studies.
3.8 Assessment Division Personnel will prepare and maintain 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 in providing assistance when and where needed.
3.9 Assessment Division Personnel will sign all necessary pre-Board of Review
assessment roll certifications, and 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.
3.10 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.
3.11 Assessment Division Personnel will have the required certifications for Municipality
and will maintain certifications, and all support staff will be trained to adequately
assist Municipality leadership, staff, community residents and property owners.
3.12 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.
3.13 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 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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE «MUNICIPALITY»
3.14 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 by private
individuals, developers, other private parties, or for individual residential properties.
3.15 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 as set
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.
3.16 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.
3.17 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.
§4. MICHIGAN TAX TRIBUNAL. Assessment Division Personnel agree to assist the
Municipality in its defense relating to its appealed assessments involving the “Michigan Tax
Tribunal” and “Tribunal”.
4.1 Michigan Tax Tribunal, “Entire Tribunal Division” and “Entire Tribunal”. Both Parties
agree Entire 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. The
Parties agree to work together throughout the appeal process for a fair resolution,
however, Assessment Division Personnel shall be the final decision-maker of all
Entire Tribunal appeals.
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.
4.1.3 Municipality agrees, if an outside appraisal report is required for use as
evidence within the Entire Tribunal, the Municipality attorney will hire the
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE «MUNICIPALITY»
private independent fee appraiser(s), who will be properly licensed or certified
through the State of Michigan, for any real property-related property appeals,
or otherwise qualified appraiser, for any non-real property appeal.
Municipality further agrees the Selection of the appraiser will be made by
Assessment Division Personnel, with participation and input from the
Municipality attorney.
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.).
4.2 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. The
Parties agree to ensure public trust, Assessment Division Personnel shall be the final
decision-maker of all Small Claims appeals.
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 where the
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. Municipality agrees to the selection of the
appraiser by the Assessment Division Personnel, with participation and input
from the Municipality attorney. Assessment Division Personnel will assist the
Municipality attorney and will provide final resolution for any potential
settlement solution, with input from the Municipality attorney. The Parties
agree Assessment Division Personnel will determine complexity of the case
and/or of the property on a case-by-case basis.
4.2.3 Municipality agrees it will be financially responsible for all costs incurred for
any Tribunal appeals (including but not limited to, appraisals, inspections,
surveys, legal costs, photocopies etc.).
4.3 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 for any tax
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE «MUNICIPALITY»
related appeals to Michigan courts (including but not limited to appraisals,
inspections, surveys, legal fees and costs, etc.).
§5. STATE TAX COMMISSION. Assessment Division Personnel agree to assist the
Municipality involving any related activities, including petitioning and defense activities,
relating to issues of classifications and incorrectly reported and omitted property (“MCL
211.154”) involving the “State Tax Commission” and “Commission”. 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 exemption, 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.
§6. 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE «MUNICIPALITY»
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, 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.
6.8 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 to its 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.
6.9 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
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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.
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.
§7. LIMITS AND EXCLUSIONS ON COUNTY SERVICE. Except as otherwise expressly
provided for within this Contract, neither the County nor any County Agents shall be
responsible for assisting or providing any other "Services" or assistance to the Municipality
or assume any additional responsibility for assisting the Municipality in any other way or
manner with any Municipality obligations under 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, except as expressly provided for in this Contract.
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. All communications pertaining to
appeals, and potential appeals, involving the State Tax Commission and Michigan
Tax Tribunal shall be directly made to the Equalization Officer and its Chiefs of the
Equalization Division by the Municipality legal counsel to ensure timeliness in its
notifications.
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 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, State Tax Commission
or any other review body or court.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
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§8. 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 guaranteeing that all
Assessment Division Personnel fully cooperate with Municipality Agents in the performance
of all County Services under this Contract.
8.1 Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality. The Municipality
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.
8.2 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, workers'
disability compensation benefits, unemployment compensation, Social Security Act
protection(s) and benefits, any employment taxes, and/or any other statutory or
contractual right or benefit based on or in any way related to any Municipality
Agent's employment status or any alleged violation of any Municipality Agent's
statutory, contractual (e.g., union, employment, or labor contract), constitutional,
common law employment right, and/or civil rights by the Municipality. The
Municipality agrees to indemnify and hold harmless the County from and against
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.
8.3 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.
§9. 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 to its activities affecting the tax
status of any parcel including but not limited to the following:
9.1 The establishment of Tax Increment Finance (TIF) Authorities (i.e., Brownfield
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
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Authority, Corridor Improvement Authority, Downtown Development Authority, etc.);
the approval or amendment of related development/TIF plans.
9.2 The establishment of Economic Development/Redevelopment Districts (i.e.,
Planned Unit Development, Neighborhood Enterprise Zones, Renaissance Zones,
etc.); the approval or amendment of related applications/plans.
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.I.L.O.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, 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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
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§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 $________for each parcel of Real
Property description and $______ 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.
10.3 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 $________for each parcel of Real
Property description and $______ 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.
10.4 The Municipality shall be responsibility 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.
10.5 In the event that Municipality Agents, for whatever reasons, fail or neglect to
undertake the tasks in any of the sections of this Contract, 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.
10.6 The Parties agree 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.
10.7 No less than 30 days prior 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.
10.8 If the Municipality fails, for any reason, to pay the County any monies when and
as due under this Contract, the Municipality agrees that unless expressly
prohibited by law, the County or the County Treasurer, at their sole option, shall
be entitled to a setoff from any other Municipality funds that are in the County’s
possession for any reason. Funds include but are not limited to the Delinquent
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
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Tax Revolving Fund (“DTRF”). Any setoff or retention of funds by the County
shall be deemed a voluntary assignment of the amount by the Municipality to the
County. The Municipality waives any claims against the County or its Officials for
any acts related specifically to the County’s offsetting or retaining such amounts.
This paragraph shall not limit the Municipality’s legal right to dispute whether the
underlying amount retained by the County was actually due and owing under this
Contract.
10.9 If the County chooses not to exercise its right to setoff or if any setoff is insufficient
to fully pay the County any amounts due and owing the County under this
Contract, the County shall have the right to charge up to the then-maximum legal
interest on any unpaid amount. Interest charges shall be in addition to any other
amounts due to the County under this Contract. Interest charges shall be
calculated using the daily unpaid balance method and accumulate until all
outstanding amounts and accumulated interest are fully paid. The interest to be
charged shall not exceed the annual maximum rate set forth in MCL 438.41.
10.10 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.
10.11 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 may discontinue,
upon thirty (30) days written notice to the Municipality, without any penalty or
liability whatsoever, any County services or performance obligations under this
Contract.
10.12 The Parties agree that this 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.
10.13 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.
10.14The Parties agree that except as expressly provided herein, this Contract shall not
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
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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.
§11. CANCELLATION OR TERMINATION OF THIS CONTRACT. Except as follows, and
notwithstanding any other term or provision in any other section of this Contract, either Party,
upon a minimum of ninety (90) calendar days written notice to the other Party, may cancel
and/or completely terminate this Contract for any reason, including convenience, without
incurring any penalty, expense, or liability to the other Party. The effective date for any such
termination is to be clearly stated in the notice.
11.1 At 5:00 p.m. on the effective date of the cancellation of this Contract all Municipality
and/or County obligations under this Contract, except those rights and obligations
expressly surviving cancellation as provided for in this Contract, shall end.
11.2 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.
§12. 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 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.
12.2 The Municipality shall not incur or create any debts, liens, liabilities or obligations
for the County and shall take all necessary steps to ensure that any debts, liens,
liabilities or obligations that the Municipality may incur shall not become a debt,
liability, obligation or Claim(s) against the County.
12.3 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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
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12.4 The Municipality and Municipality Agents shall be and remain responsible for
compliance with all Federal, State, and local laws, ordinances, regulations, and
agency requirements in any manner affecting any work or performance of this
Contract or with any Municipality duty or obligation under any applicable State
Property Tax Law.
§13. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY. The Parties
reserve to themselves any rights and obligations related to the provision of all of each Party's
respective governmental services, authority, responsibilities, and obligations. Except as
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 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 by statute or applicable court
decisions, by either Party, either for that Party and/or any of that Party's County or
Municipal Agents.
13.2 Notwithstanding any other provision in this Contract, nothing in this Contract shall
be deemed to, in any way, limit or prohibit the Oakland County Board of
Commissioners statutory rights and obligations to review and/or further equalize
Municipality property values or tax assessments and/or further act upon any
Municipality assessment(s) of property taxes under any applicable State Property
Tax Laws, including, but not limited to challenging any Municipality assessment
before the Michigan Tax Tribunal.
§14. 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 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 performance of any obligation under this Contract will result
in any specific monetary benefit or efficiency, or increase in any tax revenue for the
Municipality, or will result in any specific reduction or increase in any property
assessment, or guarantee that any 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.
14.2 In the event of any alleged breach, wrongful termination, and/or any default of any
term or condition of this Contract by either the County or any County Agent, the
County and/or any County Agent shall not be liable to the Municipality for any indirect,
incidental, special or consequential damages, including, but not limited to any
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
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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 County at the time of the alleged
breach or default in connection with or under the terms of this Contract, whether such
alleged breach or default is alleged in an action in contract or tort and/or whether or
not the Municipality has been advised of the possibility of such damages. This
provision and this Contract are intended by the Parties to allocate the risks between
the Parties, and the Parties agree that the allocation of each Party's efforts, costs,
and obligations under this Contract reflect this allocation of each Party's risk and the
limitations of liability as specified herein.
14.3 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 that
it 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.
14.4 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.
14.5 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”).
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
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§15. 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 of this Contract.
§16. 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.
§17. 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 Agent or Municipality
Agent or any Municipality Taxpayer, any Taxpayer's legal representative, any organization,
any alleged unnamed beneficiary or assignee, and/or any other person.
§18. CONFIDENTIALITY. The Parties agree, not to disclose any information which has been
determined confidential by the Commission, and at least annually will review such
requirements for confidential information handling with staff that will have contact with such
record information.
§19. 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.
§20. CAPTIONS. The section headings or titles and/or all section numbers contained in this
Contract are intended for the convenience of the reader and not intended to have any
substantive meaning and are not to be interpreted as part of this Contract.
§21. 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,
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
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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.
§22. 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.
§23. 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 further understood and
agreed that the terms and conditions herein are contractual and are not a mere recital and
that there are no other agreements, understandings, contracts, or representations between
the County and the Municipality in any way related to the subject matter hereof, except as
expressly stated herein. This Contract shall not be changed or supplemented orally and
may be amended only as otherwise provided herein.
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 «MUNICIPALITY»
IN WITNESS WHEREOF, ___________, Mayor of the City of . hereby acknowledges that he
has been authorized by a resolution of the Governing Body of the City of , a certified copy of
which is attached, to execute this Contract on behalf of the Municipality and hereby accepts and
binds the City of to the terms and conditions of this Contract.
EXECUTED:
Name of Mayor, Mayor City of
WITNESSED:
Name of Clerk, Clerk City of
DATE:
DATE:
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE «MUNICIPALITY»
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.
EXECUTED:
David T. Woodward, Chairperson Oakland County Board
of Commissioners
WITNESSED:
DATE:
DATE:
(Print Name)
County of Oakland
DATE:
January 30, 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 Charter Township of Milford, 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
Holly Brandt, Clerk, Charter Township of Milford
Kimberly Hampton, Technical Specialist, Equalization Division
Enclosures
REGULAR BOARD MEETING December 21, 2022
CHARTER TOWNSHIP OF MILFORD PAGE 1
MEMBERS PRESENT: Donald Green, Supervisor; Holly Brandt, Clerk; Cynthia Dagenhardt,
Treasurer; Trustees, Dale Wiltse, William Mazzara, Toni Vulaj
ALSO PRESENT: Jennifer Elowsky, Township Attorney; Thomas Moore, Fire Chief;
Natalie Scime, Recording Secretary, 25 Audience Members
ABSENT: Trustee Randal Busick
CALL TO THE PUBLIC
Four residents spoke in opposition to the shared use path that is proposed for Milford Road.
The board explained that the shared use path is not on tonight’s agenda, and it deserves to be
discussed in full. There is a public hearing for the Parks and Recreation master plan update on
January 9th. The residents can also contact Supervisor Green to have this item added as an
agenda item on the January agenda.
CONSENT AGENDA
- APPROVAL OF MINUTES, NOVEMBER 16, 2022 (REGULAR)
- APPROVAL OF BILLS – GENERAL FUND, FIRE DEPARTMENT, SENIOR CENTER
- INTERLOCAL AGREEMENT FOR MICHAEL LOHMEIER, EQUALIZATION OFFICER AS
DESIGNATED ASSESSOR 2023-2027 – OAKLAND COUNTY
- ADOPTION, ORDINANCE AMENDMENT 156-A-224, ACCESSORY BUILDINGS –
STRUCTURES
- ADOPTION, ORDINANCE AMENDMENT 156-A-225, ADMINISTRATION ENFORCEMENT
- ADOPTION, ORDINANCE AMENDMENT 156-A-226, TRASH CONTAINERS
- ADOPTION, ORDINANCE AMENDMENT 156-A-227, ACCESSORY STRUCTURE
DEFINITIONS
- ADOPTION, ORDINANCE AMENDMENT 156-A-228, OUTDOOR VEHICLE STORAGE
RESIDENTIAL DISHTRICTS
- 2023 MEETING DATES
- BUDGET ADJUSTMENTS
TO: 101-171-717-000 LIFE INSURANCE - SUPERVISOR $ 13.00
TO: 101-215-716-000 HEALTH INSURANCE - CLERKS DEPT $ 14,300.00
TO: 101-215-717-001 DENTAL INSURANCE - CLERKS DEPT $ 87.00
TO: 101-248-860-000 TRANSPORTATION -TWP $ 1,000.00
TO: 101-253-716-000 HEALTH INSURANCE - TREAS DEPT $ 765.00
TO: 101-265-920-001 MISS DIG $ 355.00
TO: 101-265-930-001 EQUIPMENT REPAIRS & MAINT $ 2,000.00
TO: 101-371-716-000 HEALTH INSURANCE - BLDG DEPT $ 8,750.00
TO: 101-400-715-000
PLANNING COMM - SOCIAL
SECURITY $ 240.00
TO: 101-400-801-002 PLANNER EXTRA SERVICES $ 6,000.00 REMAINING
FROM: 101-901-981-008 CONTINGENCY $ 33,510.00 BALANCE:
$
142,110
TO: 209-276-921-000 PUBLIC UTILITIES - OAK GROVE $ 90.00
FROM: 209-276-931-000 REPAIR & MAINT - OAK GROVE $ 90.00
REGULAR BOARD MEETING December 21, 2022
CHARTER TOWNSHIP OF MILFORD PAGE 2
TO: 211-336-702-002 ON-CALL FIRE FIGHTERS $ 25,000.00
TO: 211-336-717-001 DENTAL INSURANCE - FIRE $ 42.00
TO: 221-336-715-000 SOCIAL SECURITY - FIRE $ 2,125.00
TO: 211-336-697-006 UPDATE COMPUTERS $ 400.00 REMAINING
FROM: 211-901-981-008 CONTINGENCY $ 27,567.00 BALANCE:
$
24,991
TO: 291-673-920-000 PUBLIC UTILITIES - SENIOR CTR $ 2,500.00
FROM: 291-673-703-004 PART-TIME PERSON $ 2,500.00
NARRATIVE:
HEALTH INSURANCE - CLERKS DEPT: C.SCIME WAS BUDGETED UNDER FIRE DEPT, BUT HE IS ACTUALLY ON HIS
WIFE (IN THE CLERKS OFFICE) INSURANCE
HEALTH INSURANCE - TREASURERS OFFICE WAS BUDGETED TOO LOW
HEALTH INSURANCE - BLDG DEPT: ADDITION OF R.KELEL TO INSURANCE MID-YEAR ACTUAL EXCEEDED ANTICIPATED EXPENDITURES
TRANSPORTATION - FUEL PRICES ARE HIGH
MISS DIG - ORGINAL BUDGET WAS TOO LOW
EQUIPMENT REPAIRS & MAINT - LARGE INVOICE IN JAN2022 TO REPLACE 10 SUPPLY AIR DIFFUSERS & 4 RETURN AIR
PLANNING COMM - SOCIAL SECURITY: BUDGET WAS NOT INCREASED IN SEPTEMBER WHEN PLANNING COMM SALARIES WERE
PLANNER EXTRA SERVICES - ORIG BUDGET INCREASED TO PREVIOUS YEAR AMOUNT. WITH 2 MONTHS REMAINING FOR WHICH
TO BE BILLED IN 2022, THE AVAILABLE BUDGET IS DOWN TO $966. AN INCREASE IS NECESSARY TO AVOID AN OVERBUDGET SITUATION
ON-CALL FIRE FIGHTERS - CALLS ARE HIGHER THAN ANTICIPATED WHEN BUDGET WAS GENERATED, NEED TO
INCREASE BUDGET & SOCIAL SECURITY
CEMETERY & SENIOR CTR PUBLIC UTILITIES - ALL UTILITY COSTS ARE INCREASING, THESE LINE ITEMS WERE
BUDGETED TIGHTER THAN THE OTHER DEPTS
Trustee Wiltse requested that ordinance amendments 156-A-224, 156-A-225, 156-A-226, 156-
A-227 be removed from the Consent Agenda and added to New Business.
Treasurer Dagenhardt moved, Trustee Mazzara seconded to approve the consent agenda as
amended. Roll Call: Yes: Dagenhardt, Mazzara, Green, Wiltse, Vulaj, Brandt. Motion
unanimously carried.
PARKS AND RECREATION COMMISSION UPDATE (November 21, 2022)
Trustee Mazzara stated that there will be the public hearing for the master plan update at the
next Parks and Recreation meeting, which is January 9th.
PLANNING COMMISSION UPDATE (December 6, 2022)
Trustee Mazzara gave the Planning Commission update.
REGULAR BOARD MEETING December 21, 2022
CHARTER TOWNSHIP OF MILFORD PAGE 3
ZONING BOARD OF APPEALS UPDATE (September 14, 2022)
Trustee Wiltse gave the Zoning Board of Appeals update.
SUPERVISOR’S REPORT
Supervisor Green gave his report.
FIRE DEPARTMENT REPORT
Chief Moore gave the Fire Department update.
UNFINISHED BUSINESS
NONE.
NEW BUSINESS
REQUEST PURCHASE OF 2023 SPARTAN CUSTOM PUMPER APPARATUS, $630, 166.00
– R&R FIRE TRUCK
Chief Moore stated that the Fire Department’s 1998 pumper has been out of service for most of
2022, it has hard to get the parts on such an old vehicle. Currently it is taking up to two years to
get an apparatus. R&R Fire Truck Repair recently contacted Chief Moore letting him know they
had a spec pumper available in approximately 30 days, it has most of what the Fire Department
is looking for in a truck. Chief Moore is requesting the purchase the 2023 Spartan Custom
Pumper Apparatus.
Treasurer Dagenhardt moved, Trustee Wiltse seconded to approve the purchase of the 2023
Spartan S-180 Series Fire Pumper – Model 2113 customer pumper from Spartan ER through
R&R Fire Truck Repair in the amount not to exceed $630,166.00 and deduct from the New
Vehicle Engine Account. Roll Call Vote Yes: Dagenhardt, Wiltse, Brandt, Green, Mazzara,
Vulaj. Motion unanimously carried.
REQUEST, CONSIDER REVIEW OF M-2 OUTDOOR STORAGE FOR CLARITY IN
APPLICATION – PLANNING COMMISSION
Treasurer Dagenhardt, Clerk Brandt seconded to send M-2 storage ordinance back to Planning
Commission for clarity. Motion unanimously carried.
MEMORANDUM OF UNDERSTANDING – MILFORD FIRE FIGHTERS LOCAL 17
Trustee Vulaj moved, Trustee Wiltse seconded to approve the memorandum of understanding,
dated December 22, 2022 with Milford Fire Fighters Local 17. Motion unanimously carried.
ADOPTION, ORDINANCE AMENDMENT 156-A-224, ACCESSORY BUILDINGS –
STRUCTURES
ADOPTION, ORDINANCE AMENDMENT 156-A-225, ADMINISTRATION ENFORCEMENT
ADOPTION, ORDINANCE AMENDMENT 156-A-226, TRASH CONTAINERS
ADOPTION, ORDINANCE AMENDMENT 156-A-227, ACCESSORY STRUCTURE
DEFINITIONS
Trustee Wiltse stated that the minimum industry standards of a shed are 200sqft rather than the
120sqft that is stated in the ordinances. He requested that ordinances 156-A-224 and 156-A-
225 be changed to 200sqft per shed. The board agreed with Trustee Wiltse.
REGULAR BOARD MEETING December 21, 2022
CHARTER TOWNSHIP OF MILFORD PAGE 4
Treasurer Dagenhardt moved, Trustee Wiltse seconded to approve the amendment and
adoption of ordinances 156-A-224, 156-A-225, 156-A-226, 156-A-227. Motion unanimously
Carried.
BOARD MEMBER REMARKS
Trustee Mazzara inquired if the speed limits on the dirt roads, Supervisor Green stated that a bill
is in the House to lower the speed limit to 45 or 35mph.
Trustee Mazzara also inquired if Central Conveyor is in violation of their IFT since they have not
increased their number of employees, Supervisor Green is going to look into their contract.
ADJOURNMENT
Supervisor Green adjourned the meeting at 8:14 pm.
Charter Township of Milford,
Holly Brandt, CMC
Clerk