HomeMy WebLinkAboutInterlocal Agreements - 2023.08.17 - 40966CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE
FOR
REAL AND PERSONAL PROPERTY ASSESSMENT
ADMINISTRATION SERVICES
WITH THE CITY OF FERNDALE
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 Ferndale,a Michigan
Constitutional and Municipal Corporation whose address is 300 East Nine Mile Road,Ferndale,Michigan 48220 (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 preparethe roll;
may provide for the use of state employees to prepare the roll;or may order the
Municipality to contract with a commercial appraisal firm to conduct an appraisal of the
property in the Municipality under the supervision of the County and Commission.
3.The Michigan General Property Tax Act (MCL 211.34(3))provides that the County BoardofCommissioners,through the Equalization Division,may furnish assistance to localassessingofficersintheperformanceofcertainresponsibilities,including the discovery,listing,and valuation of properties for tax purposes,as well as the development and useofuniformvaluationstandardsandtechniquesfortheassessmentofproperty.
4.The Municipality has requested the County’s Equalization Division’s Assistance inperformingthe“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 FERNDALE
Page 1
5.The County has determined that it has sufficient “Assessment Division Personnel’,
possessing the requisite knowledge and expertise and is agreeable to assisting the
Municipality by providing the requested “Real and Personal Property Assessment
Administration Services”under the terms and conditions of this Contract.
NOW,THEREFORE,in consideration of these premises and the mutual promises,
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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 2
1.4
1.5
1.6
1.7
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 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.
“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,
judgmenis,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
commencedor threatened and arising out of any alleged breach of any duty by
the County and/or any County Agent to any third-person,the Municipality,
including any Municipality Agent or any Municipality Taxpayer under or in
connection with this Contract or are based on or result in any way from the
County’s and/or any County Agent’s participation in this Contract.
“Municipality Taxpayer”shall be defined as any and all residents,property owners,
persons,or entities within the Municipality,or their representatives or agents,who
may be liable or responsible for any property taxes assessed by the Municipality
pursuant to any applicable State Property Tax Laws.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 3
§2.
§3.
1.8
1.8.1
1.8.2
1.8.3
“State”shall be defined as the “State of Michigan,”a sovereign governmental
entity of the United States,and shall also include within its definition any,and all,
departments or agencies of State government including specifically,but not
limited to,the State Tax Commission,the State Tax Tribunal,and/or the State
Department of Treasury,unless used in this Contract to provide specific context
otherwise,and will do so as:
“Treasury”shall be defined as the “Department of Treasury,”of the State of
Michigan.
“Commission”shall be defined as the “State Tax Commission,”of the
Department of Treasury,of the State of Michigan.
“Tribunal”shall be defined as the “Michigan Tax Tribunal,”of the Department of
Licensing and Labor Affairs,of the State of Michigan.
PURPOSE OF COUNTY ASSESSMENT SERVICES.The Parties agree that the
purpose of any and all "Equalization Division Assistance Services"is to provide
Assessment Services to be performed under this Contract and shall be to assist (e.g.,to
help,aid,lend support,and/or participate in as an auxiliary,to contribute effort toward
completion of a goal,etc.)the Municipality in the performance of that Municipality's
official functions,obligations,and Municipality's legal responsibilities for property tax
appraisal and assessment pursuantto the applicable State Property Tax Laws.
ASSESSMENT SERVICES.The Parties agree the full and complete scope of any,and all,
AssessmentServices shall be as described and limited in the following subsections.
3.1
3.2
3.3
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.
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.
AssessmentDivision 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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 4
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 assessmentroll before the Board of Review,and mail Notice of
Assessments,as required per state requirements.Municipality agrees to have its
Board of Review membership filled and provide necessary support for all Board of
Review functions in compliance with State requirements.
Upon request,Assessment Division Personnel agree to attend meetings with
Municipality officials and meetings with the public,when reasonable notice of the
meeting is given in advance to County.
Assessment Division Personnel will have the required certifications for 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
Assessment Division Personnel to provide the best possible Public Relations efforts
with residents and business owners.
Assessment Division Personnel agree to respond to the general public’s inquiries
regarding its assessment records,and the inquiries for assessment and tax records
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 5
§4.
3.14
3.15
3.16
3.17
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.
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.
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.
Assessment Division Personnel will not provide any services which would preclude
them from maintaining their duties in accordance with MCL 211.10d and MCL
211.10e,which includes serving in any capacity within the Municipality which could
be considered a conflict of interest.
The County agrees to review Municipality approved splits and combinations prior to
providing it with parcel identification numbers (PIN)and will update tax descriptions
as they change over time to ensure accuracy of available parcel information.
MICHIGAN TAX TRIBUNAL.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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 6
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 marketrelated 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,Assessment Division Personnel
shall be the final decision-maker of all Small Claims appeals.
4.2.1
4.2.2
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.
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.
CONTRACTFOR OAKLAND COUNTYEQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 7
§5.
§6.
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
related appeals to Michigan courts (including but not limited to appraisals,
inspections,surveys,legal fees and costs,etc.).
STATE TAX COMMISSION.Assessment Division Personnel agree to assist the
Municipality 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.
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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 8
6.6
6.7
6.8
public services in other professional capacities (e.g.,Treasurer,Clerk,Building
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
employmentstatus.
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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 9
§7.
6.9
6.10
education required for any County Agents performing any County duty or
obligation under the terms of this Contract.
Municipality agrees that except as expressly provided for under the terms of this
Contract and/or laws of this State,no Assessment Division or Equalization
Division Personnel,while such person is currently and/or actively employed or
otherwise remains on the payroll of the County as a County Agent shall be
employed,utilized,or perform any other services,of any kind,directly or
indirectly,in any manner or capacity,or otherwise be available to perform any
other work or assignments by or for the Municipality during the term of this
Contract.This section shall not prohibit the Municipality from employing any
person who was a former County Agent but is no longer employed in that capacity
by the County.
Except as otherwise expressly provided by the Contract and/or applicable State
law,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 employeeof the Municipality and/or a Municipality Agent.
The Municipality shall not otherwise provide,furnish,or assign any County
Agents with any job instructions,job descriptions,job specifications,or job duties,
or in any manner attempt to control,supervise,train,or direct any Personnel in
the performance of any Assessment Service responsibilities under the terms of
this Contract.
LIMITS AND EXCLUSIONS ON COUNTY SERVICE.Except as otherwise expressly
provided for within this Contract,neither the County nor any County 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.
7.14 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 assessmentroll(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 ensuretimeliness in its notifications.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 10
§8.
7.2 Except for those express statutory and any regulatory obligations incumbent
upon the AssessmentDivision 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 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
8.2
8.3
Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality.The Municipality
agrees that it shall be solely responsible for furnishing all Municipality Agents with
all job instructions,job descriptions and job specifications and shall solely control,
direct,and supervise all Municipality Agents and shall be solely responsible for
the means and manner in which Municipality's duties or obligations under any
applicable State Property Tax 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 11
§9.
individual any status,privilege,right,or benefit of County employment or that ofa
County Agent.
F
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,
the County or any County Agent will not be liable for
any dissemination of assessment related information by the Municipality or any
Municipality Agent.
MUNICIPALITY RESPONSIBILITIES WITH THE COUNTY AND ITS AGENTS.The
Municipality agrees it shall provide,in a manner agreed upon with the County,and preserving
all necessary confidentiality requirements,information pertaining to its activities affecting the
tax status of any parcel including but notlimited to the following:
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
The establishment of Tax Increment Finance (TIF)Authorities (i.e.,Brownfield
Authority,Corridor Improvement Authority,Downtown Development Authority,
etc.);the approval or amendment of related development/TIF plans.
The establishment of Economic Development/Redevelopment Districts (i.e.,
Planned Unit Development,Neighborhood Enterprise Zones,Renaissance Zones,
etc.);the approval or amendment of related applications/plans.
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.
The approval of an ordinance or agreement for a Payment In Lieu of Taxes
(P.1.L.O.T.)housing project.
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.
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.
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.
The Municipality shall provide a copy of all building permits with parcel identification
numbers to the County Agents on a Monthly Basis.
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,
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 12
§10.
9.10
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.
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 $15.60 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 $16.22 for each parcel of Real
Property description and $14.84 for each Personal Property parcel description.
Payment for Contract Year 24-25 is due and payable on or before July 1,2025.If,
or when,during the term of this Contract,there are additional Assessment Services
requested by Municipality of the County,the Parties shall negotiate additional fees
to be paid by the Municipality.
The Municipality shall be 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 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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 13
10.7
10.8
10.9
10.10
10.11
10.12
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.
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 notlimited to the Delinquent
Tax Revolving Fund (“DTRF”).Any setoff or retention of funds by the County
shall be deemed a voluntary assignment of the amount by the Municipality to
the County.The Municipality waives any claims against the 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.
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.
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 Countyin the collection of any
amount owed by the Municipality.
Notwithstanding any other term or condition in this Contract,should the
Municipality fail for any reason to timely pay the County the amounts required
under this Contract,the Municipality agrees that the County 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.
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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 14
§11.
§12.
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 subsequentamendments,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.
10.14 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,andnotwithstandinganyothertermorprovisioninanyothersectionofthisContract,eitherParty,upon a minimum of ninety (90)calendar days written notice to the other Party,maycanceland/or completely terminate this Contract for any reason,including convenience,without incurring any penalty,expense,or liability to the other Party.The effective date foranysuchterminationistobeclearlystatedinthenotice.
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 andallindemnificationandholdharmlesspromises,waivers of liability,record-keeping
requirements,any Municipality payment obligations to the County,and/or any other
related obligations provided for in this Contract with regard to any acts,
occurrences,events,transactions,or Claim(s)either occurring or having their basis
in any events or transactions that occurred before the cancellation or completion of
this Contract,shall survive the cancellation or completion of this Contract.
NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO THE COUNTY.Exceptas
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 CountyAgentortheEqualizationDivisionanycivilorlegalresponsibility,duty,obligation,duty ofcare,cost,legal obligation,or liability associated with any governmental functiondelegatedand/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 wayrelatedtoanyMunicipalitytaxappraisalorassessmentfunctionsoranyother
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 15
§13.
§14.
12.2
12.3
12.4
Municipality legal obligation.The Municipality agrees that under no circumstances
shall the County be responsible for any costs,obligations,and/or civil liabilities
associated with its Municipality function or any responsibility under any State
Property Tax Law.
The Municipality shall not incur or create any debts,liens,liabilities or obligations
for the County and shall take all necessary steps to ensure that any debts,liens,
liabilities or obligations that the Municipality may incur shall not become a debt,
liability,obligation or Claim(s)against the County.
The Parties agree that the Municipality shall always remain responsible for the
ultimate completion of all Municipality duties or obligations under any and all
applicable State Property Tax Laws.Nothing in this Contract shall relieve the
Municipality of any Municipality duty or obligation under any applicable State
Property Tax Law.
The Municipality and Municipality Agents shall be and remain responsible for
compliance with all Federal,State,and local laws,ordinances,regulations,and
agency requirements in any manner affecting any work or performance of this
Contract or with any Municipality duty or obligation under any applicable State
Property Tax Law.
NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY.The
Parties reserve to themselves any rights and obligations related to the provision 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
13.2
The Parties further agree,notwithstanding any other term or condition in this
Contract,that no provision in this Contract is intended,nor shall it be construed,
as a waiver of any governmental immunity,as provided by statute or applicable
court decisions,by either Party,either for that Party and/or any of that Party's
County or Municipal Agents.
Notwithstanding any other provision in this Contract,nothing in this Contract shall
be deemed to,in any way,limit or prohibit the Oakland County Board of
Commissioners statutory rights and obligations to review and/or further equalize
Municipality property values or tax assessments and/or further act upon any
Municipality 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.
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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 16
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/oranyMunicipalityAgents,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 taxrevenuefortheMunicipality,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 anytermorconditionofthisContractbyeithertheCountyoranyCountyAgent,theCountyand/or any County Agent shall not be liable to the Municipality for anyindirect,incidental,special or consequential damages,including,but notlimited toanyreplacementcostsforCountyServices,any loss of income or revenue,and/oranyfailurebytheMunicipalitytomeetanyMunicipalityobligationunderanyapplicableStatePropertyTaxLaws,or any other economic benefit or harm that theMunicipalitymayhaverealized,but for any alleged breach,wrongful termination,default and/or cancellation of this Contract,or damages beyond or in excess of theamount(s)of any amountpaid to,received or retained by the County at the time oftheallegedbreachordefaultinconnectionwithorunderthetermsofthisContract,whether such alleged breach or default is alleged in an action in contract or tortand/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.
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 anyMunicipalityAgentorMunicipalityTaxpayer,arising out of any activities or ServicestobecarriedoutbyanyCountyAgentintheperformanceofthisContract,theMunicipalityherebyagreesthatitshallhavenorightspursuanttoorunderthisContractagainsttheCountyand/or any County Agentsto or for any indemnification
(i.e.,contractually,legally,equitably,or by implication)contribution,subrogation,orotherrighttobereimbursedbytheCountyand/or any of County Agents baseduponanyandalllegaltheoriesorallegedrightsofanykind,whether known orunknown,for any and all alleged losses,claims,complaints,demands for relief ordamages,judgments,deficiencies,liability,penalties,litigation costs and expensesofanykindwhatsoeverwhichareimposedon,incurred by,or asserted against the
Municipality and which are alleged to have arisen under or are in any way based orpredicateduponthisContract.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 17
§15.
§16.
§17.
§18.
14.4
14.5
Each Party shall be responsible for any Claims made against that Party and for the
acts of its Employees or Agents.In any Claims that may arise from the
performance of this Contract,each Party shall seek its own legal representation and
bear the costs associated with such representation including any attorney fees.
Except as otherwise provided in this Contract,neither Party shall have any right
under any legal principle to be indemnified by the other Party or any of its
Employees or Agents in connection with any Claim.This Contract does not,and is
not intended to,impair,divest,delegate,or contravene any constitutional,statutory,
and/or other legal right,privilege,power,obligation,duty,or immunity of the Parties.
Nothing in this Contract shall be construed as a waiver of governmental immunity
for either Party.
The Parties agree the County shall not be in breach of this Contract or responsible
for any consequential or compensatory damages arising from any late performance
or non-performance of this Contract agreement caused by circumstances which are
beyond the County's control (e.g.,extreme illnesses,natural disasters,or other
“acts of God”).
INDEPENDENT CONTRACTOR.The Parties agree that at all times and for all purposes
under the terms of this Contract,the County's and/or any and all County Agents’legal
status and relationship to the Municipality shall be that of an Independent Contractor.
Except as expressly provided herein,each Party will be solely responsible for the acts of
its own employees,Agents,and servants during the term of this Contract.No liability,
right or benefits arising out of an employer/employee relationship,either express or
implied,shall arise or accrue to either Party as a result of this Contract.
COUNTY PRIORITIZATION OF COUNTY RESOURCES.The Municipality acknowledges
and agrees that this Contract does not,and is not intended to,create either any absolute
right in favor of the Municipality,or any correspondent absolute duty or obligation upon the
County,to guarantee that any specific number(s)or classification of County Agents will be
present on any given day to provide County services to the Municipality.
NO THIRD-PARTY BENEFICIARIES.Except as expressly provided herein for the
benefit of the Parties (i.e.,County or Municipality),this Contract does not,and is not
intended to,create,by implication or otherwise,any direct or indirect obligation,duty,
promise,benefit,right to be indemnified (i.e.,contractually,legally,equitably,or by
implication)and/or any right to be subrogated to any Party's rights in this Contract,and/or
any other right of any kind,in favor of any person,including,but not limited to,any
County 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.
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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 18
§19.
§20.
§21.
§22.
§23.
such record information.
CONSTRUED AS A WHOLE.The language of all parts of this Contract is intended toand,in all cases,shall be construed as a whole according to its fair meaning,and notconstruedstrictlyfororagainstanyParty.As used in this Contract,the singular or pluralnumber,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 thisContractareintendedfortheconvenienceofthereaderandnotintendedtohaveanysubstantivemeaningandarenottobeinterpretedaspartofthisContract.
NOTICES.Except as otherwise expressly provided for herein,any and_allcorrespondence,invoices,and/or any other written notices required,permitted orprovidedforunderthisContracttobedeliveredtoeitherPartyshallbesenttothatPartybyfirstclassmail.All such written notices,including any notice canceling or terminatingthisContractasprovidedforherein,shall be sent to the other Party's signatory to thisContract,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 thedatethatsuchnoticeisdepositedwithsufficientpostagewiththeU.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 notexclusiveofanyother.
ENTIRE CONTRACT.This Contract sets forth the entire agreement between the CountyandtheMunicipalityandfullysupersedesanyandallprioragreementsorunderstandingsbetweentheminanywayrelatedtothesubjectmatterhereof.It is further understoodandagreedthatthetermsandconditionshereinarecontractualandarenotamere
recital and that there are no other agreements,understandings,contracts,orrepresentationsbetweentheCountyandtheMunicipalityinanywayrelatedtothesubjectmatterhereof,except as expressly stated herein.This Contract shall not be changed orsupplementedorallyandmaybeamendedonlyasotherwiseprovidedherein.
For and in consideration of the mutual assurances,promises,acknowledgments,warrants,representations,and agreements set forth in this Contract,and for other good and valuableconsideration,the receipt and adequacy of which is hereby acknowledged,the undersignedherebyexecutethisContractonbehalfoftheParties,and by doing so legally obligate and bindthePartiestothetermsandconditionsofthisContract.
{SIGNATURES CONTAINED ON FOLLOWING PAGES}
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 19
IN WITNESS WHEREOF,Melanie Piana,Mayor of the City of Ferndale,hereby acknowledges
that she has been authorized by a resolution of the Governing Body of the City of Ferndale,a
certified copy of which is attached,to execute this Contract on behalf of the Municipality and
hereby accepts and binds the City of Ferndale to the terms and conditions of this Contract.
EXECUTED:denn C —_pate:4 |Jt/2023
Melania Piana,Mayor
City of Ferndale
WITNESSED:Desir oat DATE:A/27/2e7P
Dean Dent,Clerk
City of Ferndale
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 20
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 Countyto the
terms and conditi of this Contract.TLL.oe oley
David T.Woodward,ChairpersonOakland County Board
of Commissioners
:\-(\n
WITNESSED:Ob.Malad DATE:\.€-2
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(Print Name)Jo hn Ve ING FELLOW DATE:
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
Page 21
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COUNTY MICHIGAN
BOARD OF COMMISSIONERS
AGENDAITEM:Extension(s)of Real and Personal Property Assessment Administration Services for
Oakland County Communities
DEPARTMENT:Equalization
MEETING:Board of Commissioners
DATE:Thursday,August 17,2023 7:39 PM -Click to View Agenda
ITEM SUMMARY SHEET
COMMITTEE REPORT TO BOARD
Resolution #2023-3225
Motion to approve the attached agreement for Oakland County Equalization Division Assessing
Servicesfor the term July 1,2023 through June 30,2025 with each of the Charter Townships of
Commerce,Lyon,Milford,Oakland,Oxford,Royal Oak and Springfield;the Townships of
Groveland,Holly,Novi,Orion,Rose and Southfield;the Cities of Berkley,Birmingham,Bloomfield
Hills,Village of Clarkston,Clawson,Farmington,Ferndale,Hazel Park,Huntington Woods,Keego
Harbor,Lathrup Village,Madison Heights,Orchard Lake Village,Pleasant Ridge,Pontiac,
Rochester,South Lyon,Walled Lake and Wixom;further,the Oakland County Board of
Commissioners authorizes the Board Chair to execute the required Agreement on behalf of Oakland
County.
ITEM CATEGORY SPONSORED BY
Contract Marcia Gershenson
INTRODUCTION AND BACKGROUND
The Equalization Division provides a number of services to local units of government including
original assessments,reappraisals,and file maintenance.
These services are provided under interlocal agreements with the local units as approved by the
Board of Commissioners.Estimated revenues and expenditures associated with the services for
these agreements are included in the FY 2024 through FY 2026 County Executive Recommended
Budget.The County Executive Administration is recommending two-year renewals of these
agreements,with a general inflationary increase in rates of 4%,so that the County can perform a
comprehensive assessment of services provided to these local units and ensure that appropriate
rates are charged on a uniform basis prior to entering into three-year agreements beginning in 2025.
POLICY ANALYSIS
BUDGET AMENDMENT REQUIRED:No
Committee members can contact Michael Andrews,Policy and Fiscal Analysis Supervisor at248.425.5572 or andrewsmb@oakgov.com,or the department contact persons listed for additionalinformation.
CONTACT
Micheal Lohmeier,Equalization Officer
Kyle Jen,Director Management &Budget-APP
ITEM REVIEW TRACKING
Aaron Snover,Board of Commissioners Created/Initiated -8/17/2023
AGENDA DEADLINE:08/27/2023 7:39 PM
ATTACHMENTS
1.RATES for 23 thru 25 years 07 31 23
2.Real and Personal Property Assessment Contract FINAL 07 31 23
COMMITTEE TRACKING
2023-08-09 Finance -Recommend to Board
2023-08-17 Full Board -Approve
Motioned by:Commissioner Robert Hoffman
Seconded by:Commissioner Brendan Johnson
Yes:David Woodward,Michael Spisz,Penny Luebs,Karen Joliat,Kristen Nelson,ChristineLong,Robert Hoffman,Philip Weipert,Gwen Markham,Angela Powell,Marcia Gershenson,William Miller Ill,Yolanda Smith Charles,Charles Cavell,Brendan Johnson,Ajay Raman (16)No:None (0)
Abstain:None (0)
Absent:Gary McGillivray,Michael Gingell (2)
Passed
CITY OF FERNDALE
RESOLUTION
Moved by Council Member/eaks-/May ,Seconded by Council Member SamesS
to adopt the following Resolution:
Public Act 206 of 1893,as amended,allows a County Equalization department to furmish
assistance to municipalities in the discovery,listing,and valuation of properties for tax purposes.
NOW,THEREFORE,BE IT RESOLVED the Ferndale City Council approves the
Contract for Oakland County Equalization Division Assistance for Real and Personal Property
Assessment Administration Services with the City of Ferndale and authorizes the Mayor,
Melanie Piana,to execute the Contract on behalf of the City.
The Resolution being put to a vote,the Council voted as follows:
AYES:Dames,Leans-Mex,Micuistct,Pawlica,Pana444
NAYS:
The Mayordeclared such Resolution adopted.
I,Dean Lent,City Clerk of the City of Fermdale,certify that this is a true and compared copy ofa
Resolution duly made and passed by the Ferndale City Council at a meeting held on
-ber 25,2023.
Dorn Aruad
DeanLent,City Clerk
The City of Ferndale
Minutes
City Council Meeting
MONDAY, SEPTEMBER 25, 2023 @ 7:01 PM
City Hall, 300 E 9 Mile, Ferndale, MI 48220
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL
Present: James, Leaks-May, Mikulski, Pawlica, Piana
Absent:
3. APPROVAL OF AGENDA
Motion by James, seconded by Mikulski, to approve the agenda as presented.
ROLL CALL:
AYES: James, Leaks-May, Mikulski, Pawlica, Piana
NAYS: None
Absent: None
4. PRESENTATION
5. CALL TO AUDIENCE Strict half-hour; excess of half-hour immediately prior to Call to Council.
Please state your name and address. Time Limitation for Public Comment - 3 minutes per speaker
*Four individuals spoke during Call to Audience, plus an additional individual who determined she
would speak during public comment of Public Hearing Item 6.A
6. PUBLIC HEARING - Time Limitation for Public Comment - 3 minutes per speaker
6.A Consideration to Establish a Neighborhood Enterprise Zone at 1200 W. Nine Mile Road
Opened Public Comment at 7:27PM.
*Three individuals spoke during Public Comment.
Closed Public Comment at 7:34PM.
Opened to Questions by City Council at 7:34PM.
7. CONSENT AGENDA - Time Limitation for Public Comment - 3 minutes per speaker
7.A Approval of the September 11, 2023 Meeting Minutes
7.B Approval of Fencing Repairs at the Department of Public Works Main Yard by Kimberly Fence
for $5,106.90
7.C Approval of Fencing Installation in Police Evidence Storage Area at South West Yard by
Kimberly Fence for $3,451.86
7.D Approval to Pre-Authorize Election Worker Payroll for the November 2023 General Election in
an Amount Not to Exceed $18,500
7.E Consideration of Oakland County Equalization Agreements
7.F Approval to Opt in to the Oakland County Purchasing Agreement with D'Angelo Bros. Inc. for
As-Needed Emergency Water Main Repairs
7.G Consideration of Support for the Transportation Alternatives Program Grant Application for the
Ferndale Sidewalk Improvement Program
7.H Approval of the Listed Appointments and Reappointments to City Boards and Commissions
7.I Approval of Appointing James Jameson to the DPW Director Position
7.J Approval to Support Ferndale Youth Assistance for the 2023-2024 School Year in the Amount of
$4,000, Charged to Drug Forfeiture 265-000-749
7.K Approval to Remit Payment to Ferndale Public Schools in the Amount of $3,005.93 for
Transportation Services Rendered during the 2023 Summer Camp Program
7.L Approval of Postage Costs for the FYE 2023-24 City Newsletters, to be Paid to the USPS Via
Allied Printing for a Cost Not to Exceed $3,500 per Edition
7.M Approval of Payment to GameTime in the Amount of $58,714.57 for Playground Equipment for
Wilson Park, and Authorization for the Parks and Recreation Director to Sign the Quote
Acceptance
7.N Approval to Submit Application for the 2023-24 Southeast Michigan Resilience Fund in the
Amount of $200,000 to be Used for Stormwater Mitigation Improvements at Wilson Park
7.O Approval of the ParkMobile Service Agreement for Three Years with Annual One-Year Renewals
for Text-to-Park Mobile Payment Services in the ParkFerndale Parking System and
Authorization for the City Manager to Sign the Related Contract
7.P Approval of the Contract Between the Cities of Ferndale, Hazel Park, and Royal Oak Township,
as well as Oakland County, to Establish an Early Voting Site at the Hazel Park Community
Center for all Future Elections, and to Authorize the City Clerk to Sign the Agreement
7.Q Approval of Bills and Payrolls as Submitted by the Finance Director and Subject to Review by
the Council Finance Committee
Motion by Leaks-May, seconded by James, to approve the consent agenda, as submitted.
ROLL CALL:
AYES: James, Leaks-May, Mikulski, Pawlica, Piana
NAYS: None
Absent: None
8. REGULAR AGENDA - Time Limitation for Public Comment - 3 minutes per speaker
8.A Consideration of Safe Streets for All Grant Agreement Between the U.S. Department of
Transportation, Federal Highway Administration, and the City of Ferndale
MOTION 1: Motion by Pawlica, seconded by James, to approve the Safe Streets for All grant
agreement between the U.S. Department of Transportation, Federal Highway Administration, and
the City of Ferndale, and authorize the City Manager to execute the agreement, as submitted by the
Assistant to the City Manager.
ROLL CALL:
AYES: James, Leaks-May, Mikulski, Pawlica, Piana
NAYS: None
MOTION 2: Motion by Pawlica, seconded by Leaks-May, to approve the attached sub-agreements
between the City of Ferndale and the participating municipalities as listed in the Safe Streets for All
grant agreement.
ROLL CALL:
AYES: James, Leaks-May, Mikulski, Pawlica, Piana
NAYS: None
9. CALL TO COUNCIL
10. ADJOURNMENT AT 8:37 PM
____________________________
Dean Lent, City Clerk
February 5, 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 Ferndale, 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
Dean Lent, Clerk, City of Ferndale
Kimberly Hampton, Technical Specialist, Equalization Division
Enclosures