HomeMy WebLinkAboutInterlocal Agreements - 2023.08.17 - 40957CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE
FOR
REAL AND PERSONAL PROPERTY ASSESSMENT
ADMINISTRATION SERVICES
WITH THE CITY OF LATHRUP VILLAGE
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 City of Lathrup Village,a Michigan
Constitutional and Municipal Corporation whose address is 27400 Southfield Road,
Lathrup Village,Michigan 48076 (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 assessmentroll 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.
oe 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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF LATHRUP VILLAGE
Page 1
1.4
1.5
1.6
1.7
1.8
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
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 AssessmentDivision 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.
“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
maybe liable or responsible for any property taxes assessed by the Municipality
pursuant to any applicable State Property Tax Laws.
“State”shall be defined as the “State of Michigan,”a sovereign governmental
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF LATHRUP VILLAGE
Page 3
3.4
3.5
3.6
3.7
3:8
3.9
3.10
3.11
3.12
3.13
Assessment Division Personnel will annually determine assessed,capped,and
taxable value for each property.
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.
AssessmentDivision 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.
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.
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.
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.
AssessmentDivision 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.
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
AssessmentDivision 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF LATHRUP VILLAGE
Page 5
4.2
4.1.2
4.1.3
4.1.4
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.
Municipality agrees,if an outside appraisal report is required for use as
evidence within the Entire Tribunal,the Municipality attorney will hire the
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.
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.The Parties agree to ensure public trust,AssessmentDivision Personnel
shall be the final decision-maker ofall Small Claims appeals.
4.2.1
4.2.2
4.2.3
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
AssessmentDivision 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.
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-casebasis.
Municipality agrees it will be financially responsible for all costs incurred for
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF LATHRUP VILLAGE
Page 7
6.6
6.7
6.8
Department,etc.).
The Parties agree MCL 211.10d and MCL 211.10e will be adhered to when
preparing the Municipality's assessment roll.
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,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 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF LATHRUP VILLAGE
Page 9
§8.
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.
MUNICIPALITY AGENTS AND THE COUNTY.The Municipality agrees that it shall be
solely and exclusively responsible,during the term of this Contract,for guaranteeing thatall
Municipality Agents fully cooperate with all County Agents in the performanceof 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
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
agreesthat 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 Lawsare 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,
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.
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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF LATHRUP VILLAGE
Page 11
§10.
9.10
9.9.2 Maintain current address and name changes,including any and all parcel
owner and occupant names.
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.
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
10.2
10.3
10.4
10.5
10.6
The Contract term shall be from July 1,2023, through June 30,2025.
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 $16.05 for each parcel 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 $16.69 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 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.
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.
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 Contractis 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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF LATHRUP VILLAGE
Page 13
§11.
§12.
10.13
10.14
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.
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.
The Parties agrees that any and all obligations,including,but not limited to,any and
all indemnification and hold harmless promises,waiversof 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 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
CONTRACTFOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF LATHRUP VILLAGE
Page 15
14.1
14.2
14.3
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.
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 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 ofliability 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 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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF LATHRUP VILLAGE
Page 17
§19.
§20.
§21.
§22.
§23.
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 convenience of the reader and not intended to have any
substantive meaning and are not to 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 correspondenceor 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 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 CITY OF LATHRUP VILLAGE
Page 19
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 conditj f this Contract.
EXECUTED:DATE:
David T.Woodward,Chairpergon Oakland County Board
of Commissioners
WITNESSED:ibe Meuehlasd DATE:i K 24
(Print Name)SoDatel Sa,dia os DATE:
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF LATHRUP VILLAGE
Page 21
<=@
FOake jr
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
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 City of Lathrup Village, 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
Kelda London, Clerk, City of Lathrup Village
Kimberly Hampton, Technical Specialist, Equalization Division
Enclosures