HomeMy WebLinkAboutResolutions - 2008.06.12 - 9508MISCELLANEOUS RESOLUTION 108109 June 12, 2008
BY: Finance Committee, Mike Rogers, Chairperson
IN RE: DEPARTMENT OF MANAGEMENT AND BUDGET / EQUALIZATION DIVISION —
APPROVAL OF CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION
ASSISTANCE SERVICES WITH THE CITY OF FERNDALE, CITY OF WALLED LAKE,
CITY OF WIXOM, CHARTER TOWNSHIP OF LYON AND THE CHARTER TOWNSHIP OF
WEST BLOOMFIELD
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Equalization Division provides a number of services
to local units of government Including original assessments,
reappraisals, and file maintenance; and
WHEREAS these services are provided under contract with the local
units as approved by the Board of Commissioner; and
WHEREAS revenues and expenditures associated with the services
for these contracts are Lncluded in the FY 208 budget, and therefore,
no budget amendment is recommended; and
WHEREAS several contracts are anticipated to be renewed,
generating approximately $65,622 in additionai revenue, which will be
incorporated into tne FY 2009 and FY 2010 County Executive Recommended
Budget.
NOW THEREFORE BE :T RESOLVED that the Oakland County Board of
Commissioners hereby approves entering into the attached Contract for
Oakland County Equalization Division Assistance Services covering the
term July 1, 2008 thru June 30, 2009 with zne Jty of Ferndale, City of
Walled Lake, City of Wixom, Charter Township of Lyon and the Charter
Township of West Bloomfield, all of whch have been signed by their
respective CVT authorized signatories.
BE IT FURTHER RESOLVED that tne revenue generated from all
renewed contracts with the OVT's will be incorporated into the County
Executive Recommended budget for FY 2009 and FY 20IJ.
BE IT FURTHER RESOLVED that the Board of Commissioners'
Chairperson is authorized to sign these contracts.
BE IT FURTHER RESOLVED that tne Oakland County Clerk shall
receive and file the executed contracts with the concerned units of
government as required by law.
Chairperson, on behalf of the Finance Commttee, I move the
adoption of the foregoing resolution.
FINANCE C_OXMITTEE
FINANCE COMMTITEE
Motion carried unanimously on a roll call vote with Lack absent.
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST BLOONIFIELD
(personal property and commercial & industrial file maintenance services)
This CONTRACT FOR OAK!. AND COUNTY POilAl I7ATION Vtfl iiSqM-r.(
SERVICES WITH THE CHARTER ;O\Ntsn-I1P flF Iti/FqT I;Umragiajama, (hereafter, this
"Contract") is made and entered into between the COUNTY OF OAKLAND, a Michigan
Constitutional and Municipal Corporation, whose address is 1200 North Telegraph Road.
Pontiac, Michigan 48341 (hereafter, the "County"), and the CHARTER TOWNSHIP OF WEST
BLOOMFIELD, a Michigan Constitutional and Municipal Corporation whose address is 4550
Walnut Lake Road, PO Box 250130, West Bloomfield. Michigan 48325-0130 (hereafter, the
"Municipality"). In this Contract, either the County and/or the Municipality may also be referred
to individually as a "Party" or jointly as "Parties.-
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"),
including, but not limited to, the Michigan General Property Tax Act (MCL 211.1, at 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.
6, The Parties recognize and agree that absent an agreement such as this, or pursuant to
an order of the State Tax Commission mandating the County to perform all or some of
the property tax appraisal and tax assessment responsibilities for real and/or personal
property located within the Municipality's geographic boundaries (MCL 211.10(f), the
County, has no obligation to provide these Services to or for the Municipality.
C. 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 le the performance of certain of these legally mandated, Municipality,
property appraisal and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in
performing the "Equalization Division Assistance Services" (as described and defined in
this Contract) and has agreed in return to reimburse the County as provided for in this
Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as
defined herein, possessing the requisite knowledge and expertise and is agreeable to
assisting the Municipality by providing the requested "Equalization Division Assistance
Services' under the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and agreements set forth in this Contract, and for other good and valuable
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST EILOOmFIELD
Page 1
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 nonpossessive, and/or either within
Of' without quotation marks, shall, be defined and interpreteo 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 arid serving as a County Agent.
1.2. 'Equalization Division Personnel" as used in this Contract shall be defined as a
specific 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 any and mil
purposes in this Contract, any reference to County Agents shall also include
within that term any and all Equalization Division Personnel, but 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. "Municipality Agent" or rMunicipality Agents", shall be defined to include 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), ancl/or any and all persons acting
by, through, under, or in concert with any of them, except that no County Agent
shall be deemed a municipality Agent and conversely, no Municipality Agent shall
be deemed a County Agent. "Municipality Agent" shall also include any person
who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "Claim(s)" shall be defined to include any and ail 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,
CONTRACT FOR OAKLAND COUNTY C11./ALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST BLOOMF1eLo
Page 2
witness fees, court costs, iivestigation and/or litigation expenses, any amounts
paid in settlement, andior any other amounts, liabilities or attim(s) of any kind
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent or any Municipality Taxpayer under
or in connection with this Contract or are based on or result in any way from the
County's and/or any County Agent's participation in this Contract.
1.5. 'Municipality Taxpayer' shall be defined as any and all residents, property
owners, persons, or taxable entities within tne Municipality, or their
representatives or agents, who may be liable or responsible for any property
taxes assessed by the Municipality pursuant to any applicabie State Property Tax
Laws.
1.6. "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 s theState Taxieirlaangt, and/or the State
Department of Treasury.
§2. COUNTY EQUALIZATION DIVISION ASSISTANC:F SFRVIGEmbi The Parties agree that
the full and complete scope of any and all County Equalization Division Assistance
Services shall be as described and limited in the following subsections (hereinafter
defined and referred to as either "Equalization Division Assistance Services" or
"Services").
2.1. "EQUALIZATION DIVISION ASSISTANCF SERV1WR" RVICES" TO BE
PROVIDED "Equalization Division Assistance Services" or °Services", to be
performed by County for the Municipality as those terms are defined in this
Contract, shall only include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of personal property
through the 2009 tax year as required by laws of the State of Michigan.
The County agrees to make assessments of personal property within the
Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel viki appraise all new personal
property. process all personal property description changes, and will
audit where necessary to insure and establish accurate appraisals on all
taxable personal property. The Equalization Division personnel will
review all statements and extensions, make valuation recommendations
to the assessor in the absence of a prepared persona; property
statement and load all values on the computer for the assessment roll.
All Board of Review changes will be processed on the personal property
section of the assessment roll and balanced to Insure there are no
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD
Page 3
omissions. The Equalization Division personnel will be available for
consultation on all Michigan Tax Tribunal appeals for personal property
and will ass;st the Assessor in the preparation of both oral and written
defense of appeals as long as there is a current Contract in effect.
However, the County shall not assist or appear on behalf of the
Muncipality regarding appeals of special assessments to the Michigan
Tax Tribunal or any other Court or Tribunal.
2.1.3. The County wij also assist the Municipality's Assessor through the 2000
tax year in maintaining files by reviewing the current open building
permits for the commercial and industrial classification and submitting
them to the Assessor for final review.
2.2. PURPOSE OF COUNTY "SERVICE Z The Parties agree that the purpose of
any and all "Equalization Division Assistance Services" or 'Services" to be
performed under this Contract shall be to assist (e.g., to help, aid. lend support,
and/or participate in as an auxiliary, to contribute effort toward completion of a
goal, etc,) the Municipality in the performance of that Municipality's official
functions, obligations, and Municipality's legal responsibilities for property tax
appraisal and assessment pursuant to the applicable State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVIC The Parties agree that any and
all "Equalization Division Assistance Services" or "Services" to be provided by
the County for the Municipality under this Contract shall be performed solely and
exclusively by the County's "Equalization Division Personnel' as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications
and other faCiuMas_decidefisalely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively
responsible for furnishing all Equalization Division Personnel with all job
instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all Equalization Division
Personnel in the performance of any and all Services under this
Contract.
2.3.3. 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 Equalization Division Personnel 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.
2.3.4. This Contract is neither intended, nor shall it be interpreted, to create,
change, grant, modify, supplement, supersede, alter, or otherwise affect
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST 131.00MRE1..D
Page 4
or control, in any manner, form, or at any time, any right, privilege,
benefit, or any other term or condition of employment, of any hind or
nature whatsoever, in, upon, or for any County Agent or Equalization
Division Personnel 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(is), 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 or Equalization Division Personnel and/or the conduct and actions
of any County Agent or any Equalization Division Personnel. 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:
2.3.4.1. Tne County's sole and exclusive right, obligation,
responsibility, and discretion to employ, compensate, assign,
reassign, transfer, promote, reciassify, discipline, demote,
layoff, furlough, discharge any Equalization Division Personnel
and/or pay any and all Equalization Division Personnel'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
Equalization Division Personnel with the County, subject only
to its applicable collective bargaining Contracts.
2.3.4.2. 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 or Equalization Division
Personnel, any necessary County Agent or Equalization
Division Personnel's training standards or proficiency(les), 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 Equalization Division Personnel performing any County
duty or obligation under the terms of this Contract,
2.3.5. The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State. no County Agent or
Equalization Division Personnel, white 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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD
Page 5
2.3.6. 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, nor any Equalization Division Personnel,
by virtue of this Contract or otherwise, shall be deemed, considered or
claimed to be an employee of the Municipality and/or a Municipality
Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any
Equalization Division Personnel 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 County's Equalization Division Assistance Services duty or obligation
under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY "SFRVIC..5". 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 r 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.
2.4.1. The Municipality shall, at all times 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.
2.4.2. Except for those express statutory and/or regulatory obligations
incumbent only upon licensed Equalization Division Personnel (i.e., State
Licensed and Certified Real and/or Personal Property Tax Assessors) to
defend property tax appraisals and assessments that they either
performed, or were otherwise performed under their supervision, before
the MEchigan Tax Tribunal, the Parties agree that no other County
Agents, including any County attorneys shall he authorized, required
and/or otherwise obligated under this Contract or pursuant to any other
agreement between the Parties to provide any legal representation to or
for the Municipality and/or otherwise defend. challenge, contest, appeal,
or argue on behalf of the Municipality before the Michigan Tax Tribunal
or any other review body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on
the effective date of this Contract, as otherwise provided herein, and shall end on June
30, 2009, without any further act or notice from either Party being required. Any and all
County Services otherwise provided to the Municipality prior to the effective date cf this
Contract, shall be-sebject to the terms and conditions provided for herein.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD
Page 6
§4. NO TRANSFER OF MUNICIPALITY LFGAt ()RI ir;ATIMER rni nNy 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 equalization Division Personnel 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 applicaole State Property Tax
Laws,
4.1. The Municipality shall, at all times and under ah 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. The Municipality agrees that under no
circumstances shall the County be responsible for any costs, obligations, and/or
oivil liabilities associated with its Municipality function or any responsibility under
any State Property Tax Law.
4,2. The Municipality shall not incur or create any debts, liens, liabilities or obligations
for the County and shall take all necessary steps to ensure that any debts, liens,
liabilities or obligations that the Municipality may incur shall not become a debt,
liability, obligation or Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and 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.
4.4. The Municipality and Municipality Agents shall be and remain responsible for
compliance with all federal, State, and local laws, ordinances, regulations, and
agency requirements in any manner affecting any work or performance of this
Contract or with any Municipality duty or obligation under any applicable State
Property Tax Law.
§5. NO DELEGATION OR DIMINIMOLLIDEAALY_THORITY
The Parties reserve to themselves any rights and obligations related to the provision of
any and 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.
5.1. The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall
be deemed to, in any way, limit or prohibit the Oakland County Board of
Commissioners statutory rights and obligations to review and/or further equalize
Municipality property values or tax assessments and/or further act upon any
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST ELOONIFIELD
Page 7
Municipality assessment(s) of property taxes under any applicable State Property
Tax Laws, including, buL not limited to challenging any Municipality assessment
before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County on or before July 1, 2009 the sum of $13.30 for
each personal property description rendered durcng the life of this Contract. The
Municipality also agrees to pay eacn year a fixec sum of $5,150 for file maintenance
services provided in section 2.1.3.
If during the term of this Contract, there are additional services requested of the County,
the Parties should negotiate additional fees to be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working
hours to be billed at the applicable Equalization Division personnel's overtime
rate and charged to the Municipality over and above any other fees described in
this Contract, with the following exceptions:
6,1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property
statements and personal property notices mailed relating to work performed
under this Contract. The Municipality agrees to be responsible for all
photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the
amounts required under this Contract, the MUNICIPALITY agrees that upon
notice from the Oakland County Treasurer to the Treasurer of the State of
Michigan (or any other State of Michigan official authorized to disburse funds to
the MUNICIPALITY). the State of Michigan is authorized to withhold any funds
due the MUNICIPALITY from the State, and assign those funds to partially or
completely offset any deficiency by the MUNICIPALITY to the County. Such
funds shall be paid directly to the County. Further, the MUNICIPALITY waives
any claims against the State or County, or their respective officials, for any such
amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the
amounts required under this Contract, the MUNICIPALITY agrees that the
County Treasurer shall be entitled to set-off and retain any amounts due the
MUNICIPALITY from Delinquent Tax Revolving Fund ("DT1iF") or any other
source of funds cue the MUNICIPALITY in the possession of the County, to
partially or completely offset any deficiency by the MUNICIPALITY, unless
expressly prohibited by law. Such a transfer shall be considered an assignment
by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any
claims against the County, or its officials, for any such amounts paid to the
County.
6.5. 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD
Pao 8
liability whatsoever, any County services or performance obligations under this
Contract.
6.6. None of these provisions shall operate to limit in any way the County's right to
pursue any other legal remedies against the MUNICIPALITY for the •
reimbursement of amounts due the County under this Agreement. The remedies
In this paragraph are available to the County on an ongoing and successive
basis, as the MUNICIPALITY becomes delinquent in its payments.
§7. LIABILITY 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.
7.1. The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any Municipality Taxpayer or any other person
or entity, or that the County's efforts in the performance of any obligation under
this Contract will result in any specific monetary benefit or efficiency, or increase
in any tax revenue for the Municipality, or will result in any specific reduction or
increase in any property assessment, or guarantee that any County services
provided under this Contract will withstand any challenge before the State Tax
Tribunal or any court or review body, or any other such performance-based
outcome..
7.2. In the event of any aNeged 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 kr 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 is 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,
7.3. Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits. causes
of action, proceedings, luclgments, 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD
Page 9
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, nr 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.
7.4. If the Municipality requests and the County agrees, the County may prepare the
actual tax statement for mailing by the Municipality to Municipality residents. In
preparing any such tax statement the County shall rely upon certain data
provided by the Municipality beyond the data gathered by the County under this
contract, including, but not limited to, the applicable millage rate. The parties
agree that under no circumstances shall the County be held liable to the
Municipality or any third party based upon any error in any tax statement due to
information supplied by the Municipality to the County for such purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH THE CO! JNTY 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 Equalization Division
Personnel in the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality. The Municipality
agrees that it shall be solely responsible for furnishing all Municipality Agents
with all job instructions, job oescriptions 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 unde'r any applicable State Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and
all Municipality Agents' past, present, or future wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel
expenses, mileage allowances, training expenses, transportation costs, and/or
other allowances or reimbursements of any kind, including, but not limited to,
workers' disability compensation benefits, unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes, and/or any other
statutory or contractual right or benefit based on or in any way related to any
Municipality Agent's employment status or any alleged violation of any
Municipality Agent's statutory, contractual (e.g., union, employment, or labor
contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County
from and against any and all Claim(s) which are imposed upon, incurred by, or
asserted against the County or any County Agent by any Municipality Agent
and/or which are based upon, result from, or arise from, or are in any way related
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST BiootriELD
Page 10
to any Municipality Agent's wages, compensation, benefits, or other employment-
related or based rights, including, but not limited to, those described in this
section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract
or otherwise, be considered or claimed to be an employee of the County and/or a
County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benett of County employment or that of a
County Agent.
8.4. The Municipality agrees to provide the County with information regarding any
activity affecting the tax status of any parcel including but not limited to the
following: Downtown Development Authorities, Redevelopment Plans, Tax
Increment Financing Authorities. In addition, the municipality agrees to notify the
County immediately of approval of any application for abatement or tax
exemption.
8,5. The Municipality agrees to inform the County agents regarding any increase in
taxation, which is governed by the Truth in Taxation Act, as well as any property,
which is being considered for an exemption under the Industrial Facility Tax Act.
The County shall be informed of these proposed changes prior to approval by the
governing body of the municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining
a paper trail of roll changes, maintaining the rolls in balance, and providing the
Oakland County Equalization Division with the information necessary to prepare
the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7:1. Mechanically make name changes to Sidwell numbers on a monthly
basis using the County's Computer termtnals.
812. Provide a copy of all building permits with Sidwell numbers to the
County's Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all
Special Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value
of property located within the Municipality to the County's Equalization
Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County's Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to
undertake the tasks in Section 8.7 above, the County's Equalization Division may
perform these tasks and they shall be paid on a time and material basis. Such
rate shall be based upon the wages plus benefits of the person or persons
performing said tasks.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD
Paga 11
§9. 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.
§10. COUNTY PRIORMFATIoN oF not iNTy RFsouReFS 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.
§11 INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any
court ordered judgment or award to a third party for which a court has determined that the
County and/or any County Agent was solely negrgent or at fault. However, the
Municipality agrees to, indemnify and hold the County and/or any County Agent harmless
from and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County and/or any County Agent by any Municipality Agent under any
circumstances or by any person which are based upon, result from, or arise from, or are
in any way related to any alleged error, mistake, negligence or intentional act(s) or
omission(s) by the Municipality and/or any Municipality Agent, including, but not limited
to: (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent
to comply with any Municipality duty or obligation in this Contract: and/or (c) any other
Claim(s) based in any way upon any Municipality or Municipality Agent's services,
buildings, equipment, or any other event, occurrence, duty, or obligation related or
attendant thereto.
§12. 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.
12.1. 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 canceliation as provided for in this Contract,
shall end.
12.2. The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to the
County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either
occurring or having their basis in any events or transactions that occurred before
the cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF WEST BLOOMFIELD
Page 12
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree
that this Contract, and/or any subsequent amendments thereto, shall not become
effective prior to the approval by concurrent resolutions of both the Oakland County
Board of Commissioners and the Charter Township of West Bloomfield. The approval
and terms of this Contract, and/or any passibla siihsprp liztrit amendments thereto, shall be
entered in the official minutes and proceedings of both the Oakland County Board of
Commissioners and the Charter Township of West Bloomfield and shall also be filed with
the office of the Clerk of the County and the Clerk for the Charter Township of West
Bloomfield.
§14. The Parties agree that this Contract, and/or any possihlp qi ihcAqi lent 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.
14.1. 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 amenc or modify this Contract in any manner.
§15. 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.
§16. 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 nonpossessive shall be deemed to include the other whenever
the context so suggests or requires.
§17. CAPTIONS The sectiorCheadings 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 pan of this Contract.
§18. 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 mall. All such written notices. Including any notice canceling or terminating
this Contract as provided for herein, shall be sent to the other Party's signatory to this
Contract, or that signatory's successor in office, at the addresses shown in this Contract.
All correspondence or written notices shall be considered delivered to a Party as of the
date that such notice is deposited with sufficient postage with the U.S. Postal Service.
§19. 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 pointer granted to either party or allowed it by law shall be cumulative and not
exclusive of any other.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES wrre THE CHARTER TOWNSHIP OF WEST BLOOMFIELD
Page 13
WITNESSED:
aron A. Law, Clerk
Charter Township of West Bloomfield
DATE:0g1)
§20. ENTIRE CONTRACT This Contract, consisting of a total of-fifteen-140Y pages, 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.
IN WITNESS WHEREOF, David Fleisher, Supervisor of the Charter Township of West
Bloomfield, hereby acknowledges that he has been authorized by a resolution of the Charter
Township of West Bloomfield, a certified copy of which is attached, to execute this Contract on
behalf of the Municipality and hereby accepts and binds the Municipality to the terms and
conditions of this Confect.
EXECUTED: Al 147 / DATE: Ail /3, drivs'
David Flaisher. Supervisor
Charter Township of West Bloomfield
IN WITNESS WHEREOF, Bill Bullard, Jr., 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 the Oakland County to
the terms and conditions of this Contract.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP Of WEST BLOOMFIELD
Page 14
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
(personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANC.E
SERVICES WITH THE CITY OF WIXOM, (hereafter, this "Contract") is made and entered into
between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the
"County"), and the CITY OF WIXOM, a Michigan Constitutional and Municipal Corporation
whose address is 49045 Pontiac Trail, Wixom, Michigan 48393-2567 (hereafter, the
"Municipality"). In this Contract, either the County and/or the Municipality may also be referred
to individually as a "Party" or jointly as "Parties."
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"),
including, but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.)
is required to perform real and personal property tax appraisals and assessments for all
nonexempt real and personal property located within the geographic boundaries of the
Municipality for the purpose of levying State and local property taxes.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to
an order of the State Tax Commission mandating the County to perform all or some of
the property tax appraisal and tax assessment responsibilities for real and/or personal
property located within the Municipality's geographic boundaries (MCL 211.10(f), the
County, has no obligation to provide these Services to or for the Municipality.
C. 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 of these legally mandated, Municipality,
property appraisal and ilSbUbbr I lei ii. responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in
performing the "Equalization Division Assistance Services" (as described and defined in
this Contract) and has agreed in return to reimburse the County as provided for in this
Contract,
E. The County has determined that it has sufficient "Equalization Division Personnel," as
defined herein, possessing the requisite knowledge and expertise and is agreeable to
assisting the Municipality by providing the requested "Equalization Division Assistance
Services" under the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and 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:
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
§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
specific 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 any and all
purposes in this Contract, any reference to County Agents shall also include
within that term any and all Equalization Division Personnel, but 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. "Municipality Agent" or "Municipality Agents", shall be defined to include 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, except that no County Agent
shall be deemed a Municipality Agent and conversely, no Municipality Agent shall
be deemed a County Agent. "Municipality Agent" shall also include any person
who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "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 !itigation expenses, any amounts
paid in settlement, and/or any other amounts, liabilities or Claim(s) of any kind
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
Page 2
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent or any Municipality Taxpayer under
or in connection with this Contract or are based on or result in any way from the
County's and/or any County Agent's participation in this Contract.
1.5, "Municipality Taxpayer" shall be defined as any and all residents, property
owners, persons, or taxable entities within the Municipality, or their
representatives or agents, who may be liable or responsible for any property
taxes assessed by the Municipality pursuant to any applicable State Property Tax
Laws.
1.6, "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.
§2. pouNTy FOUALIZATION DIVISION ASSISTANCF SFRVICEL The Parties agree that
the full and complete scope of any and all County Equalization Division Assistance
Services shall be as described and limited in the following subsections (hereinafter
defined and referred to as either "Equalization Division Assistance Services" or
"Services").
2.1. "Fral IA1 17ATICaDIVISION ASSISTANCF SFRVIQFS" OR "SERVICES" TO
PROVIDED "Equalization Division Assistance Services" or "Services", to be
performed by County for the Municipality as those terms are defined in this
Contract, shall only include and shall be limited to the following activities:
2.1.1. This Contract is to provide for annual assessment of personal property
through the 2009 tax year as required by laws of the State of Michigan.
The County agrees to make assessments of personal property within the
Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new personal
property, process all personal property description changes, and will
audit where necessary to insure and establish accurate appraisals on all
taxable personal property. The Equalization Division personnel will
review all statements and extensions, make valuation recommendations
to the assessor in the absence of a prepared personal property
statement and load all values on the computer for the assessment roll.
All Board of Review changes will be processed on the personal property
section of the assessment roll and balanced to insure there are no
omissions. The Equalization Division personnel will be available for
consultation on all Michigan Tax Tribunal appeals for personal property
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
PAnel
and will assist the Assessor in the preparation of both oral and written
defense of appeals as long as there is a current Contract in effect.
However, the County shall not assist or appear on behalf of the
Municipality regarding appeals of special assessments to the Michigan
Tax Tribunal or any other Court or Tribunal.
2.2, PURPOSE OF COUNTY "SERVICES" The Parties agree that the purpose of
any and all "Equalization Division Assistance Services" or 'Services" to be
performed under this Contract shall be to assist (e.g., to help, aid, lend support,
and/or participate in as an auxiliary, to contribute effort toward completion of a
goal, etc.) the Municipality in the performance of that Municipality's official
functions, obligations, and Municipality's legal responsibilities for property tax
appraisal and assessment pursuant to the applicable State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "Equalization Division Assistance Services" or "Services" to be provided by
the County for the Municipality under this Contract shall be performed solely and
exclusively by the County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications
and other factors as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively
responsible for furnishing all Equalization Division Personnel with all job
instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all Equalization Division
Personnel in the performance of any and all Services under this
Contract.
2.3.3. 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 Equalization Division Personnel 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.
2.3.4. 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 Agent or Equalization
Division Personnel with the County, any applicable County employment
and/or union contract, and/or any County rule(s), regulation(s), hours of
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
Page 4
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 or Equalization Division Personnel and/or the conduct and actions
of any County Agent or any Equalization Division Personnel. 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:
2.3.4.1. The County's sole and exclusive right, obligation,
responsibility, and discretion to employ, compensate, assign,
reassign, transfer, promote, reclassify, discipline, demote,
layoff, furlough, discharge any Equalization Division Personnel
and/or pay any and all Equalization Division Personnel'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
Equalization Division Personnel with the County, subject only
to its applicable collective bargaining Contracts.
2.3.4.2. 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 or Equalization Division
Personnel, any necessary County Agent or Equalization
Division Personnel'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 Equalization Division Personnel performing any County
duty or obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
Equalization Division Personnel, while such person is currently and/or
actively employed or otherwise remains on the payroll of the County as a
County Agent shall be employed, utilized, or perform any other services,
of any kind, directly or indirectly, in any manner or capacity, or otherwise
be available to perform any other work or assignments by or for the
Municipality during the term of this Contract. This section shall not
prohibit the Municipality from employing any person who was a former
County Agent but is no longer employed in that capacity by the County,
2.3.6, 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, nor any Equalization Division Personnel,
by virtue of this Contract or otherwise, shall be deemed, considered or
claimed to be an employee of the Municipality and/or a Municipality
Agent.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
Page 5
2.3.7. The Municipality shall not otherwise provide, furnish or assign any
Equalization Division Personnel 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 County's Equalization Division Assistance Services duty or obligation
under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY "SERVICES" 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.
2.4.1. The Municipality shall, at all times 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.
2.4.2. Except for those express statutory and/or regulatory obligations
incumbent only upon licensed Equalization Division Personnel (i.e., State
Licensed and Certified Real and/or Personal Property Tax Assessors) to
defend property tax appraisals-and-assessments that they either
performed, or were otherwise performed under their supervision, before
the Michigan Tax Tribunal, 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
or any other review body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on
the effective date of this Contract, as otherwise provided herein, and shall end on June
30, 2009, without any further act or notice from either Party being required. 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.
§4. NO TRANSFFR OF MUNICIPALITY LFGAL oRi inATIONS TQ 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 Equalization Division Personnel any civil or legal responsibility, duty, obligation,
duty of care, cost, legal obligation, or liability associated with any governmental function
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
Pane 6
delegated and/or entrusted to the Municipality under any applicable State Property Tax
Laws.
4.1. The Municipality shall, at all times 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. 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.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations
for the County and shall take all necessary steps to ensure that any debts, liens,
liabilities or obligations that the Municipality may incur shall not become a debt,
liability, obligation or Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and 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.
4.4. The Municipality and Municipality Agents shall be and remain responsible for
compliance with all federal, State, and local laws, ordinances, regulations, and
agency requirements in any manner affecting any work or performance of this
Contract or with any Municipality duty or obligation under any applicable State
Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The
Parties reserve to themselves any rights and obligations related to the provision of any
and 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.
6.1. The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall
be deemed to, in any way, limit or prohibit the Oakland County Board of
Commissioners statutory rights and obligations to review and/or further equalize
Municipality property values or tax assessments and/or further act upon any
Municipality assessment(s) of property taxes under any applicable State Property
Tax Laws, including, but not limited to challenging any Municipality assessment
before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County on or before July 1, 2009 the sum of $13.30 for
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
Page 7
each personal property description rendered during the life of this Contract. If during the
term of this Contract, there are additional services requested of the County, the Parties
shall negotiate additional fees to be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working
hours to be billed at the applicable Equalization Division personnel's overtime
rate and charged to the Municipality over and above any other fees described in
this Contract, with the following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1,2, Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property
statements and personal property notices mailed relating to work performed
under this Contract. The Municipality agrees to be responsible for all
photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the
amounts required under this Contract, the MUNICIPALITY agrees that upon
notice from the Oakland County Treasurer to the Treasurer of the State of
Michigan (or any other State of Michigan official authorized to disburse funds to
the MUNICIPALITY), the State of Michigan is authorized to withhold any funds
due the MUNICIPALITY from the State, and assign those funds to partially or
completely offset any deficiency by the MUNICIPALITY to the County. Such
funds shall be paid directly to the County. Further, the MUNICIPALITY waives
any claims against the State or County, or their respective officials, for any such
amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the
amounts required under this Contract, the MUNICIPALITY agrees that the
County Treasurer shall be entitled to set-off and retain any amounts due the
MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF”) or any other
source of funds due the MUNICIPALITY in the possession of the County, to
partially or completely offset any deficiency by the MUNICIPALITY, unless
expressly prohibited by law. Such a transfer shall be considered an assignment
by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any
claims against the County, or its officials, for any such amounts paid to the
County,
6.5. 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.
6.6. None of these provisions shall operate to limit in any way the County's right to
pursue any other legal remedies against the MUNICIPALITY for the
reimbursement of amounts due the County under this Agreement. The remedies
in this paragraph are available to the County on an ongoing and successive
basis, as the MUNICIPALITY becomes delinquent in its payments.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
Page B
§7. LIABILITY 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.
7.1. The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any Municipality Taxpayer or any other person
or entity, or that the County's efforts in the performance of any obligation under
this Contract will result in any specific monetary benefit or efficiency, or increase
in any tax revenue for the Municipality, or will result in any specific reduction or
increase in any property assessment, or guarantee that any County services
provided under this Contract will withstand any challenge before the State Tax
Tribunal or any court or review body, or any other such performance-based
outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for any
indirect, incidental, special or consequential damages, including, but not limited
to any 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 is 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.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes
of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent by any third person, including but not
limited to any Municipality Agent or Municipality Taxpayer, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
Page 9
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.
7.4. If the Municipality requests and the County agrees, the County may prepare the
actual tax statement for mailing by the Municipality to Municipality residents. In
preparing any such tax statement the County shall rely upon certain data
provided by the Municipality beyond the data gathered by the County under this
contract, including, but not limited to, the applicable millage rate. The parties
agree that under no circumstances shall the County be held liable to the
Municipality or any third party based upon any error in any tax statement due to
information supplied by the Municipality to the County for such purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH 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 Equalization Division
Personnel in the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality. The Municipality
agrees that it shall be solely responsible for furnishing all Municipality Agents
with all job instructions, job descriptions and job specifications and shall solely
control, direct, and supervise all Municipality Agents and shall be solely
responsible for the means and manner in which Municipality's duties or
obligations under any applicable State Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and
all Municipality Agents' past, present, or future wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel
expenses, mileage allowances, training expenses, transportation costs, and/or
other allowances or reimbursements of any kind, including, but not limited to,
workers' disability compensation benefits, unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes, and/or any other
statutory or contractual right or benefit based on or in any way related to any
Municipality Agent's employment status or any alleged violation of any
Municipality Agent's statutory, contractual (e.g., union, employment, or labor
contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County
from and against any and all Claim(s) which are imposed upon, incurred by, or
asserted against the County or any County Agent by any Municipality Agent
and/or which are based upon, result from, or arise from, or are in any way related
to any Municipality Agent's wages, compensation, benefits, or other employment-
related or based rights, including, but not limited to, those described in this
section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract
or otherwise, be considered or claimed to be an employee of the County and/or a
County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
Page 10
individual any status, privilege, right, or benefit of County employment or that of a
County Agent.
8.4. The Municipality agrees to provide the County with information regarding any
activity affecting the tax status of any parcel including but not limited to the
following: Downtown Development Authorities, Redevelopment Plans, Tax
Increment Financing Authorities. In addition. the municipality agrees to notify the
County immediately of approval of any application for abatement or tax
exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in
taxation which is governed by the Truth in Taxation Act as well as any property
which is being considered for an exemption under the Industrial Facitlity Tax Act.
The County shall be informed of these proposed changes prior to approval by the
governing body of the municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining
a paper trail of roll changes, maintaining the rolls in balance, and providing the
Oakland County Equalization Division with the information necessary to prepare
the warrant.
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly
basis using the County's Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the
County's Equalization Division on a monthly basis.
8,7.1 Be responsible for the establishment, accuracy and compilation of all
Special Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value
of property located within the Municipality to the County's Equalization
Division in a timely manner,
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County's Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to
undertake the tasks in Section 8.7 above, the County's Equalization Division may
perform these tasks and they shall be paid on a time and material basis. Such
rate shall be based upon the wages plus benefits of the person or persons
performing said tasks.
§9. 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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE BERMES
WITH THE CITY OF WIXOM
Page 11
§10. 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,
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any
court ordered judgment or award to a third party for which a court has determined that the
County and/or any County Agent was solely negligent or at fault. However, the
Municipality agrees to, indemnify and hold the County and/or any County Agent harmless
from and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County and/or any County Agent by any Municipality Agent under any
circumstances or by any person which are based upon, result from, or arise from, or are
in any way related to any alleged error, mistake, negligence or intentional act(s) or
omission(s) by the Municipality and/or any Municipality Agent, including, but not limited
to: (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent
to comply with any Municipality duty or obligation in this Contract; and/or (c) any other
Claim(s) based in any way upon any Municipality or Municipality Agent's services,
buildings, equipment, or any other event, occurrence, duty, or obligation related or
attendant thereto.
§12. 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.
12.1. 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.
12.2. The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to the
County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either
occurring or having their basis in any events or transactions that occurred before
the cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
§13. EFFECTIVE DATE, CONTRACT APPROVAL, AND AMENDMENT The Parties agree
that this Contract, and/or any subsequent amendments thereto, shall not become
effective prior to the approval by concurrent resolutions of both the Oakland County
Board of Commissioners and the City of Wixom. 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 City of Wixom and shall also be filed with the office of the Clerk of the County
and the Clerk for the City of Wixom.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
Page 12
§14. The Parties agree that this Contract, and/or any nnAsihle Al ihstuplent 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.
14.1, 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.
§15. NO THIRD-PARTY BFNFFICIARIFS 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.
§16. CONSTRUED AS A WHOI F 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 nonpossessive shall be deemed to include the other whenever
the context so suggests or requires.
§17. 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.
§18. NOTICES Except as otherwise expressly provided for herein, any and all
correspondence, invoices, and/or any other written notices required, permitted or
provided for under this Contract to be delivered to either Party shall be sent to that Party
by first class mail. All such written notices, including any notice canceling or terminating
this Contract as provided for herein, shall be sent to the other Party 's signatory to this
Contract, or that signatory 's successor in office, at the addresses shown in this Contract.
All correspondence or written notices shall be considered delivered to a Party as of the
date that such notice is deposited with sufficient postage with the U.S. Postal Service.
§19. 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.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, 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.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
Page 13
EXECUTED:
Kevin Hinkley, Mayor
City of Wixom
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.
IN WITNESS WHEREOF, Kevin Hinkley, City Mayor of Wixom, hereby acknowledges that he
has been authorized by a resolution of the City Council of Wixom, a certified copy of which is
attached, to execute this Contract on behalf of the Municipality and hereby accepts and binds
the Municipality to the terms and conditions of this Contract.
WITNESSED.,7_,.4_
Linda Kirby, Clerk-
4.
City of Wixom
DATE: 014))
DATE: 05-/3
IN WITNESS WHEREOF, Bill Bullard, Jr., 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 the Oakland County to
the terms and conditions of this Contract.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WIXOM
Page 14
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERN DALE
(file maintenance)
This CONTRACT FOR OAKLAN, ok 8.
SERVICES WITH THE CITY OF FERNDALE, (hereafter, this "Contract") is made and entered
into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal Corporation,
whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341 (hereafter, the
"County"), and the CITY OF FERNDALE • a Michigan Constitutional and Municipal Corporation
whose address is 300 East Nine Mile Road, Ferndale, Michigan 48220-1797 (hereafter, the
"Municipality"). In this Contract, either the County and/or the Municipality may also be referred
to individually as a "Party" or jointly as "Parties."
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the 4iate of Michigan (hereafter, the "State"),
including, but not limited to, the Michigan pepeirpl Property Tax Act (MCL 211.1, et seq.)
is required to perform real and personal ,•fRitH*Ifax appraisals and assessments for all
nonexempt real and personal property d within the geographic boundaries of the
Municipality for the purpose of levyini ,--'t.1,a,,.'and local property taxes. :14
B. The Parties recognize and agree liftat a Mien agreement such as this, or pursuant to
an order of the State Tax Commi*on m dating the County to perform all or some of
the property tax appraisal ancitax 6 ent responsibilities for real and/or personal
property located within the 1V1tinicipqty's geographic boundaries (MCL 211.10(f), the
County, has no obligation to ProvidOhese Services to or for the Municipality.
C. The Michigan General Properly 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 of these legally mandated, Municipality,
property appraisal and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in
performing the "Equalization Division Assistance Services" (as described and defined in
this Contract) and has agreed in return to reimburse the County as provided for in this
Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as
defined herein, possessing the requisite knowledge and expertise and is agreeable to
assisting the Municipality by providing the requested "Equalization Division Assistance
Services" under the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and 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:
DUN ATION DN_A WIN
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
§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 nonpossessive, 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 . s Contract shall be defined as a ' i n this
specific subset of, and included asdo the larger group of County Agents as t defined above, and shall be furt r ....,.„efinas any and all County Agents t th specifically employed and assi ,.. =y e County to work in the Equalization
Division of the County's Depart ' ii." of Management and Budget as shown in the
current County budget andhje ' . ' S. I el records of the County. For any and all
purposes in this Contract, any re . ence to County Agents shall also include
within that term any and,all'E% , ation Division Personnel, but any reference in
this contract to EqualiAtfen,Olvision Personnel shall not include any County
Agent employed by th#, Court in any other function, capacity or organizational
unit of the County othethaii he Equalization Division of the Department of
Management and Budget.
1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include 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, except that no County Agent
shall be deemed a Municipality Agent and conversely, no Municipality Agent shall
be deemed a County Agent. "Municipality Agent" shall also include any person
who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent or any Municipality Taxpayer under
or in connection with this Contract or are based on or result in any way from the
County's and/or any County Agent's participation in this Contract.
1,5. "Municipality Taxpayer' shall be defined as any and all residents, property
owners, persons, or taxable entities within the Municipality, or their
representatives or agents, who may be liable or responsible for any property
taxes assessed by the Municipality pursuant to any applicable State Property Tax
Laws.
1.6. "State" shall be defined as the "State of,Michigan," a sovereign governmental
entity of the United States, and shAiithsp,include within its definition any and all
departments or agencies of Stat2 verniiient including specifically, but not
limited to, the State Tax Comnrio the State Tax Tribunal, and/or the State
Department of Treasury.
it7ti-
§2. COUNTY EQUALIZATI k I The Parties agree that
the full and complete scope of -alp, y an all County Equalization Division Assistance
Services shall be as described!. aridglifilited in the following subsections (hereinafter
defined and referred to aS' eith* "Equalization Division Assistance Services" or
"Services").
1:
2.1. "EQUALIZATION DIVISION ASSISTANCE FRVIC.FR" np *RPPVir.Pq" Tn
PROVIDED "Equalization Division Assistance Services" or "Services", to be
performed by County for the Municipality as those terms are defined in this
Contract, shall only include and shall be limited to the following activities:
2.1.1. The County will assist the Municipality's Assessor through the 2009 tax
year in maintaining files by reviewing current open building permits for
the residential, commercial and industrial classification and submitting
them to the Assessor for final review.
2.2. PURPOSE OF COUNTY "SERVICES" The Parties agree that the purpose of
any and all "Equalization Division Assistance Services" or "Services" to be
performed under this Contract shall be to assist (e.g., to help, aid, lend support,
and/or participate in as an auxiliary, to contribute effort toward completion of a
goal, etc.) the Municipality in the performance of that Municipality's official
functions, obligations, and Municipality's legal responsibilities for property tax
appraisal and assessment pursuant to the applicable State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICE The Parties agree that any and
all "Equalization Division Assistance Services" or "Services" to be provided by
the County for the Municipality under this Contract shall be performed solely and
exclusively by the County's "Equalization Division Personnel" as defined herein.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
2.3.1. Equalization Division Personnel shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications
and other factors as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively
responsible for furnishing all Equalization Division Personnel with all job
instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all Equalization Division
Personnel in the performance of any and all Services under this
Contract.
2.3,3. 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 Equalization Division Personnel 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 reimbursement4pf any kind, Including, but not limited to,
workers' disability compensation!penefits, unemployment compensation,
Social Security Act proteckign(s) attcl benefits, any employment taxes,
and/or any other statuVily n:contractual right or benefit based on or in
any way related to any ty Agent's employment status.
2.3.4. This Contract is noltherAileribled, nor shall it be interpreted, to create,
change, grant, moqi,fy, sukifement, supersede, alter, or otherwise affect
or control, inarry; rnahnerform, or at any time, any right, privilege,
benefit, or ani otherFtprm or condition of employment, of any kind or
nature whatsdever,,irt, upon, or for any County Agent or Equalization
Division PersoniigWith 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 or Equalization Division Personnel and/or the conduct and actions
of any County Agent or any Equalization Division Personnel. 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:
2.3.4.1. The County's sole and exclusive right, obligation,
responsibility, and discretion to employ, compensate, assign,
reassign, transfer, promote, reclassify, discipline, demote,
layoff, furlough, discharge any Equalization Division Personnel
and/or pay any and all Equalization Division Personnel'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
Equalization Division Personnel with the County, subject only
to its applicable collective bargaining Contracts.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
2.3.4.2. 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 or Equalization Division
Personnel, any necessary County Agent or Equalization
Division Personnel'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 Equalization Division Personnel performing any County
duty or obligation under the terms of this Contract.
2.3.6. The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
Equalization Division Personnel, while such person is currently and/or
actively employed or otherwise remains on the payroll of the County as a
County Agent shall be emploAd, utilized, or perform any other services,
of any kind, directly or indireFt1%; in any manner or capacity, or otherwise
be available to perform a ""bi lfi&Nvork or assignments by or for the tegirlp
Municipality during the . . ' . f this Contract. This section shall not
prohibit the Municipali 'VI employing any person who was a former
County Agent but isfite.,161/4r employed in that capacity by the County. .1
2.3.6. Except as otherwile exp*sly provided by the Contract and/or
applicable State,,taviiityriarties agree and warrant that neither the
County, nor any Co VtAgent, nor any Equalization Division Personnel, &Ili
by virtue of this Con ct or otherwise. shall be deemed, considered or
claimed to be atii . " loyee of the Municipality and/or a Municipality
Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any
Equalization Division Personnel 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 County's Equalization Division Assistance Services duty or obligation
under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY "SERVICFS" 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.
2,4.1. The Municipality shall, at all times and under all circumstances, remain
solely liable for any and all costs, legal obligations, and/or civil liabilities
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
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.
2,42. Except for those express statutory and/or regulatory obligations
incumbent only upon licensed Equalization Division Personnel (i.e., State
Licensed and Certified Real and/or Personal Property Tax Assessors) to
defend property tax appraisals and assessments that they either
performed, or were otherwise performed under their supervision, before
the Michigan Tax Tribunal. 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
or any other review body or cd.yrt.
§3. TERM OF CONTRACT The Parties agreeithat the term of this Contract shall begin on
the effective date of this Contract, as o - ise provided herein, and shall end on June
30, 2009, without any further act or ni e im either Party being required. Any and all
County Services otherwise provided to , 4"Municipality prior to the effective date of this
Contract, shall be subject to the tenrrielitig iit4nditions provided for herein.
§4. NO TRANSFER • I/ lk • .0 1: 1 : I a • . Except as
expressly provided for in this,Pontra e Municipality agrees that this Contract does
not, and is not intended to, trOsfellegate, or assign to the County, and/or any County
Agent or Equalization Division•Pers. nel any civil or legal responsibility, duty, obligation,
duty of care, cost, legal obligation•r liability associated with any governmental function
delegated and/or entrusted to the Municipality under any applicable State Property Tax
Laws.
4.1. The Municipality shall, at all times 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. 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.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations
for the County and shall take all necessary steps to ensure that any debts, liens,
liabilities or obligations that the Municipality may incur shall not become a debt,
liability, obligation or Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and all Municipality duties or obligations under any
and all applicable State Property Tax Laws. Nothing in this Contract shall relieve
the Municipality of any Municipality duty or obligation under any applicable State
Property Tax Law.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
4,4. The Municipality and Municipality Agents shall be and remain responsible for
compliance with all federal, State, and local laws, ordinances, regulations, and
agency requirements in any manner affecting any work or performance of this
Contract or with any Municipality duty or obligation under any applicable State
Properly Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The
Parties reserve to themselves any rights and obligations related to the provision of any
and 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.
5.1. The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either...,for that Party and/or any of that Party's
County or Municipal Agents. .17
5.2. Notwithstanding any other provisiOrmthis,pontract, nothing in this Contract shall
hibit the Oakland County Board of
bligations to review and/or further equalize
sessments and/or further act upon any
eN taxes under any applicable State Property
o challenging any Municipality assessment
.;. §6. PAYMENT SCHEDILE In cOnsiderMion of the promises set forth in this Contract, the
Municipality agrees to pay to the.994hty on or before July 1, 2009 the sum of $6.00 for
each real property description (file maintenance) rendered during the life of this
Contract. If during the term of this Contract, there are additional services requested of
the County, the Parties shall negotiate additional fees to be paid by the Municipality.
6.1. All time incurred for Board of Review dates beyond the regular County working
hours to be billed at the applicable Equalization Division personnel's overtime
rate and charged to the Municipality over and above any other fees described in
this Contract, with the following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property
statements and personal property notices mailed relating to work performed
under this Contract. The Municipality agrees to be responsible for all
photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the
amounts required under this Contract, the MUNICIPALITY agrees that upon
notice from the Oakland County Treasurer to the Treasurer of the State of
Michigan (or any other State of Michigan official authorized to disburse funds to
the MUNICIPALITY), the State of Michigan is authorized to withhold any funds
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
be deemed to, in any way, limit
Commissioners statutory rightiO
Municipality property valuessaa
Municipality assessment(qbf p
Tax Laws, including, but nik limit
before the Michigan Tox]Trifittra'
due the MUNICIPALITY from the State, and assign those funds to partially or
completely offset any deficiency by the MUNICIPALITY to the County. Such
funds shall be paid directly to the County. Further, the MUNICIPALITY waives
any claims against the State or County, or their respective officials, for any such
amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the
amounts required under this Contract, the MUNICIPALITY agrees that the
County Treasurer shall be entitled to set-off and retain any amounts due the
MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF") or any other
source of funds due the MUNICIPALITY in the possession of the County, to
partially or completely offset any deficiency by the MUNICIPALITY, unless
expressly prohibited by law. Such a transfer shall be considered an assignment
by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any
claims against the County, or its officials, for any such amounts paid to the
County.
6.5. Notwithstanding any other ten or condition in this Contract, should the
Municipality fail for any reason to timely pay the County the amounts required
under this Contract, the MUNICIPALIT)', agrees that the County may discontinue,
upon thirty (30) days written noticata ;th,Municipality, without any penalty or
liability whatsoever, any County 200 ces liSt, performance obligations under this
Contract. :fr
6.6. None of these provisions OA: • .-je to limit in any way the County's right to
pursue any other legal re ,r*die .taihst the MUNICIPALITY for the
reimbursement of amourtt*Oe t County under this Agreement. The remedies
in this paragraph are availableito • e County on an ongoing and successive
basis, as the MUNICIpALIllbecomes delinquent in its payments.
§7. LIABILITY The Municipality faritii:Oagrees 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.
7.1. The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any Municipality Taxpayer or any other person
or entity, or that the County's efforts in the performance of any obligation under
this Contract will result in any specific monetary benefit or efficiency, or increase
in any tax revenue for the Municipality, or will result in any specific reduction or
increase in any property assessment, or guarantee that any County services
provided under this Contract will withstand any challenge before the State Tax
Tribunal or any court or review body, or any other such performance-based
outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for any
indirect, incidental, special or consequential damages, including, but not limited
to any replacement costs for County Services, any loss of income or revenue,
and/or any failure by the Municipality to meet any Municipality obligation under
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
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 is 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.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes
of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/ol:, any other amounts, liabilities of any kind
whatsoever which are imposed on incited by or asserted against the
Municipality or any Municipality Agfitbyany third person, including but not
limited to any Municipality Age , br Vunicipality Taxpayer, arising out of any
activities or Services to be ca :_e e t by any County Agent in the performance of
kll this Contract, the Municipality .11;xagrees that it shall have no rights pursuant
to or under this Contract *insi etounty and/or any County Agents to or for
any indemnification (i.e., COritractrIly, legally, equitably, or by implication)
contribution, subrogatipn, etalor right to be reimbursed by the County and/or
any of County AgentSibasect fapon any and all legal theories or alleged rights of
any kind, whether kno*RorOkknown, for any and all alleged losses, claims,
complaints, demands forVief 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.
7.4. If the Municipality requests and the County agrees, the County may prepare the
actual tax statement for mailing by the Municipality to Municipality residents. In
preparing any such tax statement the County shall rely upon certain data
provided by the Municipality beyond the data gathered by the County under this
contract, including, but not limited to, the applicable millage rate. The parties
agree that under no circumstances shall the County be held liable to the
Municipality or any third party based upon any error in any tax statement due to
information supplied by the Municipality to the County for such purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH 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 Equalization Division
Personnel in the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality. The Municipality
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
agrees that it shall be solely responsible for furnishing all Municipality Agents
with all job instructions, job descriptions and job specifications and shall solely
control, direct, and supervise all Municipality Agents and shall be solely
responsible for the means and manner in which Municipality's duties or
obligations under any applicable State Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and
all Municipality Agents' past, present, or future wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel
expenses, mileage allowances, training expenses, transportation costs, and/or
other allowances or reimbursements of any kind, including, but not limited to,
workers' disability compensation benefits, unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes, and/or any other
statutory or contractual right or benefit based on or in any way related to any
Municipality Agent's employment status or any alleged violation of any
Municipality Agent's statutory, contractual (e.g., union, employment, or labor
contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County
from and against any and all Ciaim(s)*hich are imposed upon, incurred by, or
asserted against the County or any,. okay Agent by any Municipality Agent
and/or which are based upon, res t trtiiii'oer arise from or are in any way related
ta to any Municipality Agent's wa.;-,., mpensation, benefits, or other employment-
related or based rights, includi -- ...
ll
not limited to, those described in this
section.
8.3. The Municipality agrees trikt no Inicipality Agent shall, by virtue of this Contract
or otherwise, be considq.reaw .5 ): Med to be an employee of the County and/or a
County Agent. This Qbritrac&dbes not grant or confer, and shall not be
interpreted to grant or conferijupon any Municipality Agents or any other
individual any status, pt1v4e46, right, or benefit of County employment or that of a
County Agent.
8,4, The Municipality agrees to provide the County with information regarding any
activity affecting the tax status of any parcel including but not limited to the
following: Downtown Development Authorities, Redevelopment Plans, Tax
Increment Financing Authorities. In addition, the municipality agrees to notify the
County immediately of approval of any application for abatement or tax
exemption,
8.5. The Municipality agrees to inform the County agents regarding any increase in
taxation which is governed by the Truth in Taxation Act as well as any property
which is being considered for an exemption under the Industrial Facitlity Tax Act.
The County shall be informed of these proposed changes prior to approval by the
governing body of the municipality.
8,6. The Municipality will be responsible for Special Assessment billings, maintaining
a paper trail of roll changes, maintaining the rolls in balance, and providing the
Oakland County Equalization Division with the information necessary to prepare
the warrant.
8,7. The Municipality agrees that its agents will perform the following functions:
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly
basis using the County's Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the
County's Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all
Special Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value
of property located within the Municipality to the County's Equalization
Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County's Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to
undertake the tasks in Section 8.7 above, the County's Equalization Division may
perform these tasks and they shall be paid on a time and material basis. Such
rate shall be based upon the wages plOs benefits of the person or persons
performing said tasks. .
§9. INDEPENDENT CONTRACTOR The Paf ' -,, agr6e.that at all times and for all purposes
under the terms of this Contract, the C- and/or any and all County Agents' legal
status and relationship to the Municipa :I all be that of an Independent Contractor.
) Except as expressly provided herein ,,, y will be solely responsible for the acts of
its own employees, Agents, and satvants 3.Jring the term of this Contract. No liability,
right or benefits arising out of an er110 ,9 employee relationship, either express or
implied, shall arise or accrue Weilhei rty as a result of this Contract. .,
§10. COUNTY PRIORITIZATION OF Coi,1 NTY RFSOLJRCFS The Municipality acknowledges
and agrees that this Contract dobslibt, 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.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any
court ordered judgment or award to a third party for which a court has determined that the
County and/or any County Agent was solely negligent or at fault. However, the
Municipality agrees to, indemnify and hold the County and/or any County Agent harmless
from and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County and/or any County Agent by any Municipality Agent under any
circumstances or by any person which are based upon, result from, or arise from, or are
in any way related to any alleged error, mistake, negligence or intentional act(s) or
omission(s) by the Municipality and/or any Municipality Agent, including, but not limited
to: (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent
to comply with any Municipality duty or obligation in this Contract; and/or (c) any other
Claim(s) based in any way upon any Municipality or Municipality Agent's services,
buildings, equipment, or any other event, occurrence, duty, or obligation related or
attendant thereto.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
§12, 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.
12.1. 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.
12.2. The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements. any Municipality payment obligations to the
County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either
occurring or having their basis in any events or transactions that occurred before
the cancellation or completion of this contract, shall survive the cancellation or i completion of this Contract, !I
§13. EFFECTIVE DATE, CONTRACT APPROVAr AN- D AMENDMENT The Parties agree
uirld.i 7. that this Contract, and/or any subseque endments thereto, shall not become
eak effective prior to the approval by conc . n ;tesolutions of both the Oakland County
Board of Commissioners and the CiN ico .il of Ferndale. The approval and terms of
this Contract, and/or any possible subs-'.,_ ,erft amendments thereto, shall be entered in
the official minutes and proceedindk of bo 1._ the Oakland County Board of
Commissioners and the City qouncii i •,, , 'rndale and shall also be filed with the office of
the Clerk of the County and the Cler*for the City of Ferndale. .:. 0
§14. The Parties agree that this CoiitiacVhnd/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.
14,1. 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.
§15. 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.
§16. 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
EXECUTED: DATE:
Craig Cs W-1, May
City.) ; dal -
APT/
WITNESSED: d DATE:
'rilnnT .44IMur lerk
City of Fe dale
number, possessive or non-possessive shall be deemed to include the other whenever
the context so suggests or requires.
§17. 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.
§18. NOTICES Except as otherwise expressly provided for herein, any and all
correspondence, invoices, and/or any other written notices required, permitted or
provided for under this Contract to be delivered to either Party shall be sent to that Party
by first class mail. All such written notices, including any notice canceling or terminating
this Contract as provided for herein, shall be sent to the other Party's signatory to this
Contract, or that signatory's successor in office, at the addresses shown in this Contract.
All correspondence or written notices shall be considered delivered to a Party as of the
date that such notice is deposited with sufficient postage with the U.S. Postal Service.
§19. 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. , ,!.
§20. ENTIRE CONTRACT This Contract, consistif4pf a total of fourteen (14) pages, sets
forth the entire agreement between the .4.! ,. ty abil the Municipality and fully supersedes
any and all prior agreements or unde ,;..- di,1;,es between them in any way related to the
subject matter hereof. It is further und- ' 7!',:a a and agreed that the terms and conditions
herein are contractual and are not a mgr.__ '84.ital and that there are no other agreements, qg , understandings, contracts, or representa .ns between the County and the Municipality in
any way related to the subject rnatten-. er .f, except as expressly stated herein. This
Contract shall not be changed:otsup ented orally and may be amended only as
otherwise provided herein. L .11
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.
IN WITNESS WHEREOF, Craig Covey, Mayor of the City of Ferndale, hereby acknowledges
that he has been authorized by a resolution of the City Council of Ferndale, a certified copy of
which is attached, to execute this Contract on behalf of the Municipality and hereby accepts and
binds the Municipality tgt_the terms--01 conditions of this Contract.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF FERNDALE
ameae. 41
Alli .
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411*Fx. NA14.64 v,
IN WITNESS WHEREOF, Bill Bullard, Jr., 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 the Oakland County to
the terms and conditions of this Contract.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
(real and personal property services)
This CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE
SERVICES WITH THE CITY OF WALLED LAKE (hereafter, this "Contract") is made and
entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal
Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereafter, the "County"), and the CITY OF WALLED LAKE, a Michigan Constitutional and
Municipal Corporation whose address is 1499 E. West Maple Road, Walled Lake, Michigan
48390-0099 (hereafter, the "Municipality"). In this Contract, either the County and/or the
Municipality may also be referred to individually as a "Party" or jointly as "Parties."
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"),
including, but not limited to, the Michigan General Property Tax Act (MCL 211.1, et seq.)
is required to perform real and personal property tax appraisals and assessments for all
nonexempt real and personal property located within the geographic boundaries of the
Municipality for the purpose of levying State and local property taxes.
B. The Parties recogriiLe di id agree that absent an agreement such as this, or pursuant to
an order of the State Tax Commission mandating the County to perform all or some of
the property tax appraisal and tax assessment responsibilities for real and/or personal
property located within the Municipality's geographic boundaries (MCL 211.10(f), the
County, has no obligation to provide these Services to or for the Municipality.
C. 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 of these legally mandated, Municipality,
property appraisal and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in
performing the "Equalization Division Assistance Services" (as described and defined in
this Contract) and has agreed in return to reimburse the County as provided for in this
Contract.
E. The County has determined that it has sufficient "Equalization Division Personnel," as
defined herein, possessing the requisite knowledge and expertise and is agreeable to
assisting the Municipality by providing the requested 'Equalization Division Assistance
Services" under the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and 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:
•
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§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 nonpossessive, 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 ten-n 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
specific 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 any and all
purposes in this Contract, any reference to County Agents shall also include
within that term any and all Equalization Division Personnel, but 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. "Municipality Agent" or "Municipality Agents", shall be defined to include 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, except that no County Agent
shall be deemed a Municipality Agent and conversely, no Municipality Agent shall
be deemed a County Agent. "Municipality Agent" shall also include any person
who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "Claim(sr 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent or any Municipality Taxpayer under
or in connection with this Contract or are based on or result in any way from the
County's and/or any County Agent's participation in this Contract.
1.5. "Municipality Taxpayer' shall be defined as any and all residents, property
owners, persons, or taxable entities within the Municipality, or their
representatives or agents, who may be liable or responsible for any property
taxes assessed by the Municipality pursuant to any applicable State Property Tax
Laws.
1,6, '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.
§2. COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that
the full and complete scope of any and all County Equalization Division Assistance
Services shall be as described and limited in the following subsections (hereinafter
defined and referred to as either "Equalization Division Assistance Services" or
"Services").
2.1. IQUALIZATION DIVISION ASSISTANCE SERVICES" OR 'SERVICES" TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be
performed by County for the Municipality as those terms are defined in this
Contract, shall only include and shall be limited to the following activities:
2.1.1, This Contract is to provide for annual assessment of real and personal
property through the 2009 tax year as required by laws of the State of
Michigan. The County agrees to make assessments of real and
personal property within the Municipality pursuant to MCL 211.10d.
2.1.2, The Equalization Division personnel will appraise all new property,
process all real and personal property description changes, prepare the
assessment roll for real and personal property in the Municipality; attend
March, July and December Boards of Review and other such duties as
required by the State General Property Tax Laws. The Equalization
Division personnel will also be available for consultation on all Michigan
Tax Tribunal real and personal property appeals and will assist the
assessor in the preparation of both the oral and written defense of
appeals, as long as there is a current Contract in effect. However, the
County shall not assist or appear on behalf of the Municipality regarding
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
appeals of special assessments to the Michigan Tax Tribunal or any
other Court or Tribunal.
22. PURPOSE OF COUNTY "SVRVICES" The Parties agree that the purpose of
any and all "Equalization Division Assistance Services" or "Services" to be
performed under this Contract shall be to assist (e.g., to help, aid, lend support,
and/or participate in as an auxiliary, to contribute effort toward completion of a
goal, etc.) the Municipality in the performance of that Municipality's official
functions, obligations, and Municipality's legal responsibilities for property tax
appraisal and assessment pursuant to the applicable State Property Tax Laws.
2.3, MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "Equalization Division Assistance Services" or "Services" to be provided by
the County for the Municipality under this Contract shall be performed solely and
exclusively by the County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications
and other factors as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively
responsible for furnishing all Equalization Division Personnel with all job
instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all Equalization Division
Personnel in the performance of any and all Sewices under this
Contract.
23.3. 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 Equalization Division Personnel 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.
2.3.4. 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 Agent or Equalization
Division Personnel 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 or Equalization Division Personnel and/or the conduct and actions
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
Tuc. r-rry rvc %MAI CT% tit
of any County Agent or any Equalization Division Personnel. 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:
2.3.4.1. The County's sole and exclusive right, obligation,
responsibility, and discretion to employ, compensate, assign,
reassign, transfer, promote, reclassify, discipline, demote,
layoff, furlough, discharge any Equalization Division Personnel
and/or pay any and all Equalization Division Personnel'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
Equalization Division Personnel with the County, subject only
to its applicable collective bargaining Contracts.
2.3.4.2. 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 or Equalization Division
Personnel, any necessary County Agent or Equalization
Division Personnel'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 Equalization Division Personnel performing any County
duty or obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
Equalization Division Personnel, while such person is currently and/or
actively employed or otherwise remains on the payroll of the County as a
County Agent shall be employed, utilized, or perform any other services,
of any kind, directly or indirectly, in any manner or capacity, or otherwise
be available to perform any other work or assignments by or for the
Municipality during the term of this Contract This section shall not
prohibit the Municipality from employing any person who was a former
County Agent but is no longer employed in that capacity by the County.
2.3.6. 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, nor any Equalization Division Personnel,
by virtue of this Contract or otherwise, shall be deemed, considered or
claimed to be an employee of the Municipality and/or a Municipality
Agent.
2.3,7, The Municipality shall not otherwise provide, furnish or assign any
Equalization Division Personnel 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
any County's Equalization Division Assistance Services duty or obligation
under the terms of this Contract.
2.4. LIMITS AND EXCLUSIONS ON COUNTY "SERVICES" 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.
2.4.1. The Municipality shall, at all times 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.
2.4.2. Except for those express statutory and/or regulatory obligations
incumbent only upon licensed Equalization Division Personnel (i.e., State
Licensed and Certified Real and/or Personal Property Tax Assessors) to
defend property tax appraisals and assessments that they either
performed, or were otherwise performed under their supervision, before
the Michigan Tax Tribunal, 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
or any other review body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on
the effective date of this Contract, as otherwise provided herein, and shall end on June
30, 2009, without any further act or notice from either Party being required. 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.
§4. NO TRANSFER OF MUNICIPALITY LFGAl 081 IGATIONS TO nni INTY 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 Equalization Division Personnel 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.
4.1. The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated with
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
or in any way related to any Municipality tax appraisal or assessment functions or
any other Municipality legal obligation. The Municipality agrees that under no
circumstances shall the County be responsible for any costs, obligations, and/or
civil liabilities associated with its Municipality function or any responsibility under
any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations
for the County and shall take all necessary steps to ensure that any debts, liens,
liabilities or obligations that the Municipality may incur shall not become a debt,
liability, obligation or Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and 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.
4.4. The Municipality and Municipality Agents shall be and remain responsible for
compliance with all federal, State, and local laws, ordinances, regulations, and
agency requirements in any manner affecting any work or performance of this
Contract or with any Municipality duty or obligation under any applicable State
Property Tax Law.
§5. DPI F(ATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The
Parties reserve to themselves any rights and obligations related to the provision of any
and 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.
5.1. The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall
be deemed to, in any way, limit or prohibit the Oakland County Board of
Commissioners statutory rights and obligations to review and/or further equalize
Municipality property values or tax assessments and/or further act upon any
Municipality assessments) of property taxes under any applicable State Property
Tax Laws, including, but not limited to challenging any Municipality assessment
before the Michigan Tax Tribunal.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County on or before July 1, 2009 the sum of $14,00 for
each real property description and $12.40 each year for each personal property
description rendered during the life of this Contract. If during the term of this Contract,
there are additional services requested of the County, the Parties shall negotiate
additional fees to be paid by the Municipality.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
6.1. All time incurred for Board of Review dates beyond the regular County working
hours to be billed at the applicable Equalization Division personnel's overtime
rate and charged to the Municipality over and above any other fees described in
this Contract, with the following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property
statements and personal property notices mailed relating to work performed
under this Contract. The Municipality agrees to be responsible for all
photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the
amounts required under this Contract, the MUNICIPALITY agrees that upon
notice from the Oakland County Treasurer to the Treasurer of the State of
Michigan (or any other State of Michigan official authorized to disburse funds to
the MUNICIPALITY), the State of Michigan is authorized to withhold any funds
due the MUNICIPALITY from the State, and assign those funds to partially or
completely offset any deficiency by the MUNICIPALITY to the County. Such
funds shall be paid directly to the County. Further, the MUNICIPALITY waives
any claims against the State or County, or their respective officials, for any such
amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the
amounts required under this Contract, the MUNICIPALITY agrees that the
County Treasurer shall be entitled to set-off and retain any amounts due the
MUNICIPALITY from Delinquent Tax Revolving Fund ("DTRF) or any other
source of funds due the MUNICIPALITY in the possession of the County, to
partially or completely offset any deficiency by the MUNICIPALITY, unless
expressly prohibited by law. Such a transfer shall be considered an assignment
by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any
claims against the County, or its officials, for any such amounts paid to the
County.
6.5. 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.
6.6. None of these provisions shall operate to limit in any way the County's right to
pursue any other legal remedies against the MUNICIPALITY for the
reimbursement of amounts due the County under this Agreement. The remedies
in this paragraph are available to the County on an ongoing and successive
basis, as the MUNICIPALITY becomes delinquent in its payments.
§7. LIABILITY 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
WETH THE CITY OF WALLED LAKE
7,1. The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any Municipality Taxpayer or any other person
or entity, or that the County's efforts in the performance of any obligation under
this Contract will result in any specific monetary benefit or efficiency, or increase
in any tax revenue for the Municipality, or will result in any specific reduction or
increase in any property assessment, or guarantee that any County services
provided under this Contract will withstand any challenge before the State Tax
Tribunal or any court or review body, or any other such performance-based
outcome.
7.2. In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for any
indirect, incidental, special or consequential damages, including, but not limited
to any 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 is 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.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes
of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent by any third person, including but not
limited to any Municipality Agent or Municipality Taxpayer, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality and which are
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
alleged to have arisen under or are in any way based or predicated upon this
Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the
actual tax statement for mailing by the Municipality to Municipality residents. In
preparing any such tax statement the County shall rely upon certain data
provided by the Municipality beyond the data gathered by the County under this
contract, including, but not limited to, the applicable millage rate. The parties
agree that under no circumstances shall the County be held liable to the
Municipality or any third party based upon any error in any tax statement due to
information supplied by the Municipality to the County for such purposes.
§8. MUNICIPALITY AGENTS AND COOPERATION WITH 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 Equalization Division
Personnel in the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality. The Municipality
agrees that it shall be solely responsible for furnishing all Municipality Agents
with all job instructions, job descriptions and job specifications and shall solely
control, direct, and supervise all Municipality Agents and shall be solely
responsible for the means and manner in which Municipality's duties or
obligations under any applicable State Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and
all Municipality Agents' past, present, or future wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel
expenses, mileage allowances, training expenses, transportation costs, and/or
other allowances or reimbursements of any kind, including, but not limited to,
workers' disability compensation benefits, unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes, and/or any other
statutory or contractual right or benefit based on or in any way related to any
Municipality Agent's employment status or any alleged violation of any
Municipality Agent's statutory, contractual (e.g., union, employment, or labor
contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County
from and against any and all Claim(s) which are imposed upon, incurred by, or
asserted against the County or any County Agent by any Municipality Agent
and/or which are based upon, result from, or arise from, or are in any way related
to any Municipality Agent's wages, compensation, benefits, or other employment-
related or based rights, including, but not limited to, those described in this
section,
8,3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract
or otherwise, be considered or claimed to be an employee of the County and/or a
County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of a
County Agent.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
8.4. The Municipality agrees to provide the County with information regarding any
activity affecting the tax status of any parcel including but not limited to the
following: Downtown Development Authorities, Redevelopment Plans, Tax
Increment Financing Authorities. In addition, the municipality agrees to notify the
County immediately of approval of any application for abatement or tax
exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in
taxation which is governed by the Truth in Taxation Act as well as any property
which is being considered for an exemption under the Industrial Facitlity Tax Act.
The County shall be informed of these proposed changes prior to approval by the
governing body of the municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining
a paper trail of roll changes, maintaining the rolls in balance, and providing the
Oakland County Equalization Division with the information necessary to prepare
the warrant.
81. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to &dwell numbers on a monthly
basis using the County's Computer terminals.
8.7.2. Provide a copy of all building permits with Sidwell numbers to the
County's Equalization Division on a monthly basis.
8.7.3. Be responsible for the establishment, accuracy and compilation of all
Special Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value
of property located within the Municipality to the County's Equalization
Division in a timely manner.
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County's Equalization Division.
8.8, In the event that Municipality Agents, for whatever reason, fail or neglect to
undertake the tasks in Section 8.7 above, the County's Equalization Division may
perform these tasks and they shall be paid on a time and material basis. Such
rate shall be based upon the wages plus benefits of the person or persons
performing said tasks.
§9. 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.
§10. 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 cur respondent abbolute duty
or obligation upon the County, to guarantee that any specific number(s) or classification
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
of County Agents will be present on any given day to provide County services to the
Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any
court ordered judgment or award to a third party for which a court has determined that the
County and/or any County Agent was solely negligent or at fault. However, the
Municipality agrees to, indemnify and hold the County and/or any County Agent harmless
from and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County and/or any County Agent by any Municipality Agent under any
circumstances or by any person which are based upon, result from, or arise from, or are
in any way related to any alleged error, mistake, negligence or intentional act(s) or
omission(s) by the Municipality and/or any Municipality Agent, including, but not limited
to: (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent
to comply with any Municipality duty or obligation in this Contract; and/or (c) any other
Claim(s) based in any way upon any Municipality or Municipality Agent's services,
buildings, equipment, or any other event, occurrence, duty, or obligation related or
attendant thereto.
§12. 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.
12.1. 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.
12.2. The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to the
County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either
occurring or having their basis in any events or transactions that occurred before
the cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
§13. FFFFCTIVF DATE. CONTRACT APPROVAL. AND AMENDMENT The Parties agree
that this Contract, and/or any subsequent amendments thereto, shall not become
effective prior to the approval by concurrent resolutions of both the Oakland County
Board of Commissioners and the City Council of Walled Lake. 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 City Council of Walled Lake and shall also be filed with the office
of the Clerk of the County and the Clerk for the City of Walled Lake.
§14. 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
subsequent amendments, shall not become effective prior to this required filing with the
Secretary of State.
14,1. 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.
§15. 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,
§16. 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 nonpossessive shall be deemed to include the other whenever
the context so suggests or requires.
§17. 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.
§18. NOTICES Except as otherwise expressly provided for herein, any and all
correspondence, invoices, and/or any other written notices required, permitted or
provided for under this Contract to be delivered to either Party shall be sent to that Party
by first class mail, All such written notices, including any notice canceling or terminating
this Contract as provided for herein, shall be sent to the other Party's signatory to this
Contract, or that signatory's successor in office, at the addresses shown in this Contract.
All correspondence or written notices shall be considered delivered to a Party as of the
date that such notice is deposited with sufficient postage with the U.S. Postal Service.
§19. 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.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, 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 more 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
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.
IN WITNESS WHEREOF, William T. Roberts, Mayor of the City of Walled Lake, hereby
acknowledges that he has been authorized by a resolution of the City Council of Walled Lake, a
certified copy of which is attached, to execute this Contract on behalf of the Municipality and
hereby accepts and binds the Municipality to the terms and conditions of this Contract.
EXECUTED:
William T. Roberts, Mayor
City of Walled Lake
DATE: /17 cnor"
DATE: filn-ej , WITNESSED: (10.
Catherine Buck, City Clerk
City of Walled Lake
IN WITNESS WHEREOF, Bill Bullard, Jr., 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 the Oakland County to
the terms and conditions of this Contract.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CITY OF WALLED LAKE
Dan. IA
CONTRACT FOR OAKLAND COUNTY
EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF LYON
(real and personal property services)
SERVICES WITH THE CHARTE: II 1 HIP OF LYON (hereafter, this "Contract") is made
and entered into between the COUNTY OF OAKLAND, a Michigan Constitutional and Municipal
Corporation, whose address is 1200 North Telegraph Road, Pontiac, Michigan 48341
(hereafter, the "County"), and the CHARTER TOWNSHIP OF LYON, a Michigan Constitutional
and Municipal Corporation whose address is 58000 Grand River Avenue, New Hudson,
Michigan 48165 (hereafter, the "Municipality"). In this Contract, either the County and/or the
Municipality may also be referred to individually as a "Party' or jointly as "Parties.'
INTRODUCTORY STATEMENTS
A. The Municipality, pursuant to the laws of the State of Michigan (hereafter, the "State"),
including, but not limited to, the Michigan General Property Tax Act (MCL 211.1, at 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.
B. The Parties recognize and agree that absent an agreement such as this, or pursuant to
an order of the State Tax Commission mandating the County to perform ail or some of
the property tax appraisal and tax assessment responsibilities for real and/or personal
property located within the Municipality's geographic boundaries (MCL 211.10(f), the
County, has no obligation to provide these Services to or for the Municipality.
C. 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 of these legally mandated, Municipality,
property appraisal and assessment responsibilities.
D. The Municipality has requested the County's Equalization Division assistance in
performing the "Equalization Division Assistance Services" (as described and defined in
this Contract) and has agreed in return to reimburse the County as provided for in this
Contract,
E. The County has determined that it has sufficient "Equalization Division Personnel," as
defined herein, possessing the requisite knowledge and expertise and is agreeable to
assisting the Municipality by providing the requested "Equalization Division Assistance
Services" under the terms and conditions of this Contract.
NOW, THEREFORE, in consideration of these premises and the mutual promises,
representations, and 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:
This CONTRACT FOR OAKL ,k, k • *is ok ;ND COUN D_UA 4TION_DE DN PLN
CONTRACT FOR OAKLAND COUNTY MIMI 17ATIAN fliViSIflPJ ARRIQT6MrF gravirec
§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
specific 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 any and all
purposes in this Contract, any reference to County Agents shall also include
within that term any and all Equalization Division Personnel, but 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 otner than the Equalization Division of the Department of
Management and Budget.
1.3. "Municipality Agent" or "Municipality Agents", shall be defined to include 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, except that no County Agent
shall be deemed a Municipality Agent and conversely, no Municipality Agent shall
be deemed a County Agent. "Municipality Agent" shall also include any person
who was a Municipality Agent at any time during this Contract but for any reason
is no longer employed, appointed, or elected in that capacity.
1.4. "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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
i. or r• • rn-rrrs TinA1111&1.111, ek• I 1/71.
whatsoever which are imposed on, incurred by, or asserted against either the
County and/or any County Agent, as defined herein, or any Claim(s) for which
the County and/or any County Agent may become legally and/or contractually
obligated to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or consequential, whether based upon any alleged
violation of the constitution (federal or State), any statute, rule, regulation or the
common law, whether in law or equity, tort, contract, or otherwise, and/or
whether commenced or threatened and arising out of any alleged breach of any
duty by the County and/or any County Agent to any third-person, the
Municipality, including any Municipality Agent or any Municipality Taxpayer under
or in connection with this Contract or are based on or result in any way from the
County's and/or any County Agent's participation in this Contract.
1.5. "Municipality Taxpayer" shall be defined as any and all residents, property
owners, persons, or taxable entities within the Municipality, or their
representatives or agents, who may be liable or responsible for any property
taxes assessed by the Municipality pursuant to any applicable State Property Tax
Laws.
1.6, "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.
§2 COHNTY EQUALIZATION DIVISION ASSISTANCE SERVICES The Parties agree that
the full and complete scope of any and all County Equalization Division Assistance
Services shall be as described and limited in the following subsections (hereinafter
defined and referred to as either "Equalization Division Assistance Services" or
"Services").
2.1. "FOI lAl I7ATION DIVISION ASSISTANCE SERVICES" OR "SERVICES" TO BE
PROVIDED "Equalization Division Assistance Services" or "Services", to be
performed by County for the Municipality as those terms are defined in this
Contract, shall only include and shall be limited to the following activities:
2.1,1. This Contract is to provide for annual assessment of real and personal
property through the 2009 tax year as required by laws of the State of
Michigan. The County agrees to make assessments of real and
personal property within the Municipality pursuant to MCL 211.10d.
2.1.2. The Equalization Division personnel will appraise all new property,
process all real and personal property description changes, prepare the
assessment roll for real and personal property in the Municipality; attend
March, July and December Boards of Review and other such duties as
required by the State General Property Tax Laws. The Equalization
Division personnel will also be available for consultation on all Michigan
Tax Tribunal real and personal property appeals and will assist the
assessor in the preparation of both the oral and written defense of
appeals, as long as there is a current Contract in effect. However, the
County shall not assist or appear on behalf of the Municipality regarding
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
./Lavr. .1- On LEA reno rs TAIA.th I n1L11171 AL I 1.1"1.1
appeals of special assessments to the Michigan Tax Tribunal or any
other Court or Tribunal.
2.2. PURPOSE OF COUNTY "SERVICES" The Parties agree that the purpose of
any and all "Equalization Division Assistance Services" or "Services" to be
performed under this Contract shall be to assist (e.g., to help, aid, lend support,
and/or participate in as an auxiliary, to contribute effort toward completion of a
goal, etc.) the Municipality in the performance of that Municipality's official
functions, obligations, and Municipality's legal responsibilities for property tax
appraisal and assessment pursuant to the applicable State Property Tax Laws.
2.3. MANNER COUNTY TO PROVIDE SERVICES The Parties agree that any and
all "Equalization Division Assistance Services" or "Services" to be provided by
the County for the Municipality under this Contract shall be performed solely and
exclusively by the County's "Equalization Division Personnel" as defined herein.
2.3.1. Equalization Division Personnel shall be employed and assigned by the
County in such numbers and based on such appropriate qualifications
and other factors as decided solely by the County.
2.3.2. The Parties agree that the County shall be solely and exclusively
responsible for furnishing all Equalization Division Personnel with all job
instructions, job descriptions and job specifications and shall in all
circumstances control, supervise, train or direct all Equalization Division
Personnel in the performance of any and all Services under this
Contract.
2.3.3. 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 Equalization Division Personnel 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.
2.3.4. 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 Agent or Equalization
Division Personnel 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 or Equalization Division Personnel and/or the conduct and actions
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF LYON
of any County Agent or any Equalization Division Personnel. 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:
2.3.4.1. The County's sole and exclusive right, obligation,
responsibility, and discretion to employ, compensate, assign,
reassign, transfer, promote, reclassify, discipline, demote,
layoff, furlough, discharge any Equalization Division Personnel
and/or pay any and all Equalization Division Personnel'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
Equalization Division Personnel with the County, subject only
to its applicable collective bargaining Contracts.
2.3.4.2. 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 or Equalization Division
Personnel, any necessary County Agent or Equalization
Division Personnel'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 Equalization Division Personnel performing any County
duty or obligation under the terms of this Contract.
2.3.5. The Municipality agrees that except as expressly provided for under the
terms of this Contract and/or laws of this State, no County Agent or
Equalization Division Personnel, while such person is currently and/or
actively employed or otherwise remains on the payroll of the County as a
County Agent shall be employed, utilized, or perform any other services,
of any kind, directly or indirectly, in any manner or capacity, or otherwise
be available to perform any other work or assignments by or for the
Municipality during the term of this Contract. This section shall not
prohibit the Municipality from employing any person who was a former
County Agent but is no longer employed in that capacity by the County.
2.3.6. 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, nor any Equalization Division Personnel,
by virtue of this Contract or otherwise, shall be deemed, considered or
claimed to be an employee of the Municipality and/or a Municipality
Agent.
2.3.7. The Municipality shall not otherwise provide, furnish or assign any
Equalization Division Personnel 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITI-1 TI-1F C:NARTFR TIIWNRHIP fl I WIN
any County's Equalization Division Assistance Services duty or obligation
under the terms of this Contract.
2.4. I OMITS AND EXCI LISIONS ON COUNTY "SERVICES" 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.
2.4.1. The Municipality shall, at all times 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.
2.4.2. Except for those express statutory and/or regulatory obligations
incumbent only upon licensed Equalization Division Personnel (i.e., State
Licensed and Certified Real and/or Personal Property Tax Assessors) to
defend property tax appraisals and assessments that they either
performed, or were otherwise performed under their supervision, before
the Michigan Tax Tribunal, 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
or any other review body or court.
§3. TERM OF CONTRACT The Parties agree that the term of this Contract shall begin on
the effective date of this Contract, as otherwise provided herein, and shall end on June
30, 2009, without any further act or notice from either Party being required. 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.
§4. Nr) TRANSFER nF MUNICIPAl ITY LEGAL OBLicATIONS TO 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 Equalization Division Personnel 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.
4.1 The Municipality shall, at all times and under all circumstances, remain solely
liable for any and all costs, legal obligations, and/or civil liabilities associated with
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
...m.o... "-lig- ingrOln -rnannu cum ncI vrkm
or in any way related to any Municipality tax appraisal or assessment functions or
any other Municipality legal obligation. The Municipality agrees that under no
circumstances shall the County be responsible for any costs, obligations, and/or
civil liabilities associated with its Municipality function or any responsibility under
any State Property Tax Law.
4.2. The Municipality shall not incur or create any debts, liens, liabilities or obligations
for the County and shall take all necessary steps to ensure that any debts, liens,
liabilities or obligations that the Municipality may incur shall not become a debt,
liability, obligation or Claim(s) against the County.
4.3. The Parties agree that the Municipality shall at all times remain responsible for
the ultimate completion of any and 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.
4.4. The Municipality and Municipality Agents shall be and remain responsible for
compliance with all federal, State, and local laws, ordinances, regulations, and
agency requirements in any manner affecting any work or performance of this
Contract or with any Municipality duty or obligation under any applicable State
Property Tax Law.
§5. NO DELEGATION OR DIMINUTION OF ANY GOVERNMENTAL AUTHORITY The
Parties reserve to themselves any rights and obligations related to the provision of any
and 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.
5.1, The Parties further agree, notwithstanding any other term or condition in this
Contract, that no provision in this Contract is intended, nor shall it be construed,
as a waiver of any governmental immunity, as provided by statute or applicable
court decisions, by either Party, either for that Party and/or any of that Party's
County or Municipal Agents.
5.2. Notwithstanding any other provision in this Contract, nothing in this Contract shall
be deemed to, in any way, limit or prohibit the Oakland County Board of
Commissioners statutory rights and obligations to review and/or further equalize
Municipality property values or tax assessnients 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.
§6. PAYMENT SCHEDULE In consideration of the promises set forth in this Contract, the
Municipality agrees to pay to the County on or before July 1, 2009 the sum of $14.70 for
each real property description and $12.40 for each personal property description
rendered during the life of this Contract. If during the term of this Contract, there are
additional services requested of the County, the Parties shall negotiate additional fees to
be paid by the Municipality.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF LYON
6.1. All time incurred for Board of Review dates beyond the regular County working
hours to be billed at the applicable Equalization Division personnel's overtime
rate and charged to the Municipality over and above any other fees described in
this Contract, with the following exceptions:
6.1.1. One evening meeting as required by law under MCL § 211.29(1).
6.1.2. Dates requiring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal property
statements and personal property notices mailed relating to work performed
under this Contract. The Municipality agrees to be responsible for all
photographic supplies.
6.3. Should the MUNICIPALITY fail, for any reason, to timely pay the County the
amounts required under this Contract, the MUNICIPALITY agrees that upon
notice from the Oakland County Treasurer to the Treasurer of the State of
Michigan (or any other State of Michigan official authorized to disburse funds to
the MUNICIPALITY), the State of Michigan is authorized to withhold any funds
due the MUNICIPALITY from the State, and assign those funds to partially or
completely offset any deficiency by the MUNICIPALITY to the County. Such
funds shall be paid directly to the County. Further, the MUNICIPALITY waives
any claims against the State or County, or their respective officials, for any such
amounts paid to the County.
6.4. Should the MUNICIPALITY fail for any reason to timely pay the County the
amounts required under this Contract, the MUNICIPALITY agrees that the
County Treasurer shall be entitled to set-off and retain any amounts due the
MUNICIPALITY from Delinquent Tax Revolving Fund (4DTRF") or any other
source of funds due the MUNICIPALITY in the possession of the County, to
partially or completely offset any deficiency by the MUNICIPALITY, unless
expressly prohibited by law. Such a transfer shall be considered an assignment
by the MUNICIPALITY to the COUNTY. Further, the MUNICIPALITY waives any
claims against the County, or its officials, for any such amounts paid to the
County.
6.5. 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.
6,6. None of these provisions shall operate to limit in any way the County's right to
pursue any other legal remedies against the MUNICIPALITY for the
reimbursement of amounts due the County under this Agreement. The remedies
in this paragraph are available to the County on an ongoing and successive
basis, as the MUNICIPALITY becomes delinquent in its payments.
§7. LIABILITY 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 CHARTER TOWNSHIP OF LYON
7.1. The Parties agree that this Contract does not and is not intended to create or
include any County warranty, promise, covenant or guaranty, either express or
implied, of any kind or nature whatsoever in favor of the other Municipality,
and/or any Municipality Agents, or any Municipality Taxpayer or any other person
or entity, or that the County's efforts in the performance of any obligation under
this Contract will result in any specific monetary benefit or efficiency, or increase
in any tax revenue for the Municipality, or will result in any specific reduction or
increase in any property assessment, or guarantee that any County services
provided under this Contract will withstand any challenge before the State Tax
Tribunal or any court or review body, or any other such performance-based
outcome.
'7.2. In the event of any alleged breach, wrongful termination, and/or any default of
any term or condition of this Contract by either the County or any County Agent,
the County and/or any County Agent shall not be liable to the Municipality for any
indirect, incidental, special or consequential damages, including, but not limited
to any 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 is 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.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all
alleged losses, claims, complaints, demands for relief or damages, suits, causes
of action, proceedings, judgments, deficiencies, liability, penalties, litigation costs
and expenses, including, but not limited to, any reimbursement for reasonable
attorney fees, witness fees, court costs, investigation and/or litigation expenses,
any amounts paid in settlement, and/or any other amounts, liabilities of any kind
whatsoever which are imposed on, incurred by, or asserted against the
Municipality or any Municipality Agent by any third person, including but not
limited to any Municipality Agent or Municipality Taxpayer, arising out of any
activities or Services to be carried out by any County Agent in the performance of
this Contract, the Municipality hereby agrees that it shall have no rights pursuant
to or under this Contract against the County and/or any County Agents to or for
any indemnification (i.e., contractually, legally, equitably, or by implication)
contribution, subrogation, or other right to be reimbursed by the County and/or
any of County Agents based upon any and all legal theories or alleged rights of
any kind, whether known or unknown, for any and all alleged losses, claims,
complaints, demands for relief or damages, judgments, deficiencies, liability,
penalties, litigation costs and expenses of any kind whatsoever which are
imposed on, incurred by, or asserted against the Municipality and which are
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF LYON
Psna
alleged to have arisen under or are in any way based or predicated upon this
Contract.
7.4. If the Municipality requests and the County agrees, the County may prepare the
actual tax statement for mailing by the Municipality to Municipality residents. In
preparing any such tax statement the County shall rely upon certain data
provided by the Municipality beyond the data gathered by the County under this
contract, including, but not limited to, the applicable millage rate. The parties
agree that under no circumstances shall the County be held liable to the
Municipality or any third party based upon any error in any tax statement due to
information supplied by the Municipality to the County for such purposes.
§8 MUNICIPALITY AGENTS AND COOPERATION WITH 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 Equalization Division
Personnel in the performance of all County Services under this Contract.
8.1. Municipality Agents shall be employed and assigned based on appropriate
qualifications and other factors as decided by the Municipality. The Municipality
agrees that it shall be solely responsible for furnishing all Municipality Agents
with all job instructions, job descriptions and job specifications and shall solely
control, direct, and supervise all Municipality Agents and shall be solely
responsible for the means and manner in which Municipality's duties or
obligations under any applicable State Property Tax Laws are satisfied.
8.2. The Municipality agrees that it shall be solely and completely liable for any and
all Municipality Agents' past, present, or future wages, compensation, overtime
wages, expenses, fringe benefits, pension or retirement benefits, travel
expenses, mileage allowances, training expenses, transportation costs, and/or
other allowances or reimbursements of any kind, including, but not limited to,
workers' disability compensation benefits, unemployment compensation, Social
Security Act protection(s) and benefits, any employment taxes, and/or any other
statutory or contractual right or benefit based on or in any way related to any
Municipality Agent's employment status or any alleged violation of any
Municipality Agent's statutory, contractual (e.g., union, employment, or labor
contract), constitutional, common law employment right, and/or civil rights by the
Municipality. The Municipality agrees to indemnify and hold harmless the County
from and against any and all Claim(s) which are imposed upon, incurred by, or
asserted against the County or any County Agent by any Municipality Agent
and/or which are based upon, result from, or arise from, or are in any way related
to any Municipality Agent's wages, compensation, benefits, or other employment-
related or based rights, including, but not limited to, those described in this
section.
8.3. The Municipality agrees that no Municipality Agent shall, by virtue of this Contract
or otherwise, be considered or claimed to be an employee of the County and/or a
County Agent. This Contract does not grant or confer, and shall not be
interpreted to grant or confer, upon any Municipality Agents or any other
individual any status, privilege, right, or benefit of County employment or that of a
County Agent.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THF CHARTER TOWNSHIP OF LYON
8.4. The Municipality agrees to provide the County with information regarding any
activity affecting the tax status of any parcel including but not limited to the
following: Downtown Development Authorities, Redevelopment Plans, Tax
Increment Financing Authorities. In addition, the municipality agrees to notify the
County immediately of approval of any application for abatement or tax
exemption.
8.5. The Municipality agrees to inform the County agents regarding any increase in
taxation which is governed by the Truth in Taxation Act as well as any property
which is being considered for an exemption under the Industrial Facitlity Tax Act.
The County shall be informed of these proposed changes prior to approval by the
governing body of the municipality.
8.6. The Municipality will be responsible for Special Assessment billings, maintaining
a paper trail of roll changes, maintaining the rolls in balance, and providing the
Oakland County Equalization Division with the information necessary to prepare
the warrant,
8.7. The Municipality agrees that its agents will perform the following functions:
8.7.1. Mechanically make name changes to Sidwell numbers on a monthly
basis using the County's Computer terminals.
8,7.2. Provide a copy of all building permits with Sidwell numbers to the
County's Equalization Division on a monthly basis.
8.7,3. Be responsible for the establishment, accuracy and compilation of all
Special Assessment rolls in the Municipality.
8.7.4. Forward all exemption applications, transfer affidavits, personal property
statements and any and all other documents affecting the status or value
of property located within the Municipality to the County's Equalization
Division in a timely manner,
8.7.5. Forward all information on splits and combinations after approval by the
Municipality to the County's Equalization Division.
8.8. In the event that Municipality Agents, for whatever reason, fail or neglect to
undertake the tasks in Section 8.7 above, the County's Equalization Division may
perform these tasks and they shall be paid on a time and material basis. Such
rate shall be based upon the wages plus benefits of the person or persons
performing said tasks.
§9. 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.
§10. 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF LYON
of County Agents will be present on any given day to provide County services to the
Municipality.
§11. INDEMNIFICATION The Municipality shall not be obligated to pay any portion of any
court ordered judgment or award to a third party for which a court has determined that the
County and/or any County Agent was solely negligent or at fault. However, the
Municipality agrees to, indemnify and hold the County and/or any County Agent harmless
from and against any and all Claim(s) which are imposed upon, incurred by, or asserted
against the County and/or any County Agent by any Municipality Agent under any
circumstances or by any person which are based upon, result from, or arise from, or are
in any way related to any alleged error, mistake, negligence or intentional act(s) or
omission(s) by the Municipality and/or any Municipality Agent, including, but not limited
to; (a) any alleged breach of legal duty to any person by the Municipality and/or any
Municipality Agent; (b) any alleged failure by the Municipality or any Municipality Agent
to comply with any Municipality duty or obligation in this Contract; and/or (c) any other
Claim(s) based in any way upon any Municipality or Municipality Agent's services,
buildings, equipment, or any other event, occurrence, duty, or obligation related or
attendant thereto.
§12, 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.
121. 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.
12.2. The Municipality agrees that any and all Municipality obligations, including, but
not limited to, any and all indemnification and hold harmless promises, waivers of
liability, record-keeping requirements, any Municipality payment obligations to the
County, and/or any other related obligations provided for in this Contract with
regard to any acts, occurrences, events, transactions, or Claim(s) either
occurring or having their basis in any events or transactions that occurred before
the cancellation or completion of this Contract, shall survive the cancellation or
completion of this Contract.
§13. EFFECTIVE DATE. CONTRACT APPROVAL, AND AMENDMENT The Parties agree
that this Contract, and/or any subsequent amendments thereto, shall not become
effective prior to the approval by concurrent resolutions of both the Oakland County
Board of Commissioners and the Board of Trustees of the Charter Township of Lyon. The
approval and terms of this Contract, and/or any possible SI Jhsequent amendments
thereto, shall be entered in the official minutes and proceedings of both the Oakland
County Board of Commissioners and the Board of Trustees of the CharterTownship of
Lyon and shall also be filed with the office of the Clerk of the County and the Clerk for the
Charter Township of Lyon.
§14. 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF LYON
subsequent amendments, shall not become effective prior to this required filing with the
Secretary of State.
14.1. 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,
§15. 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.
§16. 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.
§17. 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.
§18. NOTICES Except as otherwise expressly provided for herein, any and all
correspondence, invoices, and/or any other written notices required, permitted or
provided for under this Contract to be delivered to either Party shall be sent to that Party
by first class mail. All such written notices, including any notice canceling or terminating
this Contract as provided for herein, shall be sent to the other Party's signatory to this
Contract, or that signatory's successor in office, at the addresses shown in this Contract.
All correspondence or written notices shall be considered delivered to a Party as of the
date that such notice is deposited with sufficient postage with the U.S. Postal Service.
§19. 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.
§20. ENTIRE CONTRACT This Contract, consisting of a total of fourteen (14) pages, 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
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF LYON
EXECUTED:
Charter TownsIt/of Lyon
ie D. YoungAdperviso 6
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.
IN WITNESS WHEREOF, Lannie D. Young, Supervisor of the Charter Township of Lyon,
hereby acknowledges that he has been authorized by a resolution of the Board of Trustees of
the Charter Township of Lyon, a certified copy of which is attached, to execute this Contract on
behalf of the Municipality and hereby accepts and binds the Municipality to the terms and
conditions of this Contract.
DATE:
DATE: 5-g-oe
Pamela John--,n, Clerk
Charter Township of Lyon
IN WITNESS WHEREOF, Bill Bullard, Jr.. 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 the Oakland County to
the terms and conditions of this Contract.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners
WITNESSED: DATE:
Ruth Johnson, Clerk/ Register of Deeds
County of Oakland
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
WITH THE CHARTER TOWNSHIP OF LYON
Y APPROVE JR FOREGOING RESOLUTION
67/ 7/0
Resolution #08109 June 12. 2008
Moved by Rogers supported by Nash the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Coulter, Crawford, Douglas, Gershensor, Gingen Gosseiin, Gregory, Greimel, Hatchett,
Jacobsen, KowalI, Long, Middleton. Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard, Burns. (23)
NAYS: None. (0)
A sufficient majority having voted ir. favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on June
12, 2008, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac. Michigan this 12th day of June. 2008.
gal
Ruth Johnson, County Clerk