HomeMy WebLinkAboutResolutions - 2008.09.18 - 9647MISCELLANEOUS RESOLUTION 405187 September 18, 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 SYLVAN LANE
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Cen'_lemen;
WHEREAS the Equalization Division prdvides a number of services
to local units of government incLuding original assessments,
reappraisals, and file maintenance; and
WHEREAS these services are provided uhder contract with the local
units as approved by the Board of Commissioners; and
WHEREAS revenues and expenditures associated with the services
for these contracts are included in the FY 20OB budget, and therefore,
no budget amendment is recommended; and
WHEREAS several contracts are antiopated to be renewed,
generating approximately $65,622 in additional revenue, which has been
incorporated into the FY 2009 and FY 20=0 Budget.
NOW THEREFORE DE IT RESOLVED that the Oakland County Board of
Commissioners hereby approves entering into a Contract for Oakland
County Equalization Division Assistance Services covering the term July
i, 2008 thru June 30, 2009 with the City of Sylvan Lake which has been
signed by its authorized signatories.
BE IT FURTHER RESOLVED tha .:. the Board of Commissioners'
Chairperson is authorized to sign this contract.
BE' IT FURTHER RESOLVED that the Oakland County Clerk shall
receive and file the executed contract with the concerned unit of
government as required by law.
Chairperson, on behalf of the Finance Committee, I move the
adoption of the ferego7:ng resolution.
FINANCE COMMITTEE
FINANCE COMMITTEE;
Motion carried unanimously on a roll call vote with Kowall ,and Middleton
absent.
CONTRACT FOR OAKLAND COUNTY
• EQUALIZATION DIVISION ASSISTANCE SERVICES
wrrH THE CITY OF SYLVAN LAKE
(real and personal property services)
SERVICES WITH THE CITY OF SYI VAN AKF (hereafter, the "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 SYLVAN LAKE, a Michigan Constitutional and
Municipal Corporation whose address is 1820 Inverness Street, Sylvan Lake, Michigan 48320-
1679 (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 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:
COkrTRACT FOR OAKLAND 'Z',OUNTY EQUALIZATION DIVISION ASSISTANCE SERVE:ES
TEE- LAKE:
This CONTRAC Fe: el. iLe ei • 0 • II # # DR0AKLAN=Di jaiaacam Elh.Le5 CLA
§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 tne 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. capaeity or organizational
unit of the County ether 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 fei 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
;ATM THE city or SYLVAN LAKE
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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
lanceted to pay or defend against, or any other liabilities of any kind whatsoever,
whether direct, indirect or eonsequential, 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 Agents 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 lliL1 u (U5puf isitrie 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 —ribunal, and/or the State
Department of Treasury.
§2. COUNTY ECLUAga 17ATIO.NLDIV1S1,,IMASSISTANC7 Sm-RVICFS 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. "EQUALEATION DiVISION ASSISTANCE SERVICES" OR "SERVICES" TO SF,
PROVIDED "Equalization Division Assistance Services" or 'Services", to be •
performed by County for the Municipality as those terms areOefined 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 lax 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 personnea will appraise all new property,
process all real and personal property description changes i prepare the
• assessment roil 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 c6u L,t dVdildbiU rUf Oui isuttation 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
CONTRA= FOR OAKLAND COUNTY EQUALLZATION DIVIS;ON AS315TANCE SERVICE:7
V/C7F T =ST' OF SYLVAN LAKE
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 Serviees" 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 perforrnantesuf -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 ano
all "Equalization Division Assistance Services" or "Services" to be provided by
the County for the Municipality under this Contract snail 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 eppropnate qualifications
andsottserfaztorstssdetabedssolely 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 Equaiization 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 kina, including, but not limited to,
workers disability compensation benefits, unemployment compensation,
Social Security Ant 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,
chance, 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 applicabie 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 erhutuyrnec it relaliunship between the County and any County
. Agent or Equalization Division Personnel andicr the conduct and actions •
CONTRACT FOR OAKLAND COUNTY EOUALIZATION DIVISION ASSISTANCE SERVIZES
WITH THE CtTY OF SYLVAN LAKE
Page 4
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, reciassify, discipline, demote,
layoff, furlough, discharge any Ecualization Division Personnel
and/or pay any and all Equalization Division Personnel's
wages, salaries, allowances, reimbursement, 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 colleetive 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, while sucn 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 net
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 a*
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 COUNT( EOLIAUZATION DIVISION A.5SI5TANCE SERVICE':
WITK THE 7..fT7 OF SYLVAN LAK:
Page 77
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 a0 costs, legal onligations, and/or civil liabilities
associated with or in any way related to any Municipality tax appraisal or
assessment functions or any other Municipality lecal 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 Eaualization Division Personnel (i.e., State
Licensed ano Certified Real and/or Personal Property Tax Assessors) to
defend property tax appraisals and assess' nents-thatthey either •
performed. or were otherwise performed under their supervision. Pefore • 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 notes 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.
NO TRANSFER OF MUNICIPALITY LEGAL OBLIGATIONS TO COUNTY Exc.ept 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
7.ONTILACT FOR OAKLAND COUNTY EDUALIZATION DIVISION ASSISTANCE SERvICES
%KITE THE ZET^? ra= SYLVAN :AK:
Paps t
§4 .
or in any way related to any Municipality tax appraisal or assessment functions or
any other Municipality legal obligation. The Municipality agrees tnat 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-triarihe 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 snail 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 srlatl
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 appilcable State Property
Tax Laws, including, but not limited tochallenging 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 $14.40 for
each real property description and $12.90 for each personal property description
rendered during the life of this Contract. If during the term of this Contract, there are
additional services requested of the County, the Parties snail negotiate additional fees to
be paid by the Municipality.
CONThAT FOE! OAKLAND COUNT' EQUALLZAT1ON DrvlsrOf ASSMTANCE SERVE
WITI-7 THE crrr OF SYLVAN LA$C!
P29E. 7
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
raterand-charged-tonttre Municipality overand 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 recurring overtime set by the Municipality Charter.
6.2. The Municipality agrees to be responsible for postage on all personal oroperty
statements and personal property notices mailed relating to work performed
under this Contract. The Municipality Byi bb --iu be i liunsinie 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 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 undeT. this Contract, the MUNICIPALITY agrees that the
County Treasurer shall be entitled to -off bu— ôiid Lnii ny amounts due the
MUNICIPALITY from Delinquent Tax Revolving Fund ("DIRE') or any other
source cf funds due the MUNICIPALITY En the possession of the County, to
partially or comptetely offset any deficiency by the MUNICIPALITY, unless
expressly prohibited by iaw. SUch a transfer shall be L.OnSiLleied an essignment
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 snail 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 furtne- agrees that the County shall not be liable to the
Municipality for any and all Claim(s), except as otherwise exoressiy provided for in this
Contract.
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DrVISION ASSZSTANCE SERVIC',E.E--
WITK THE CITY OF SYLVAN LAKE
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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 I'vlunicipality 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 suctnaerforrranceataased
putcome.
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, incidentai, 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 ewe, ds..1 or t.i L di id/or wnether 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 limeations of liability as
specified herein.
7.3. Notwithstanding any other provision in this Contract, with regard to any and all
alleged fosses, 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, eauitabty, or by implication)
contribution, subrogation, or other right to be reimbursed by the County arid/or
any of County Merits 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, liabiiity,
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 couere EQUALIZATION DIVISiON ASSISTANCE SEW:ES
THE- CITY OF SYLVAN LAK:
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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 shafi rely upon certain data
provided by the Municipality beyond the data gathered by the County under this
contract, including, but not limited to, the applicabiet 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 ali 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 ancl-assiurterl-based-on appropriate
qualifications and otherfagnimmaiabacirtesiby the Municipality, The Municipality
agrees that it shag be Bolsi)/ 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 cornpleteiy 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, andlor
other allowances or reimbursements of any kind, including, but not limited to,
workers disability compensation benefits, unemployment compensation, Social
Security Act proteclion(s) and benefits, any employment taxes, arid/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 viulation of any
Municipality Agent's statutory, contractual (e.g., union, employment, or labor
contact), 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 snail 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 EQUAUZATION DIVISION ASSISTANCE SERVICES
WITH THE Cfrf OF SYLVAN LAKE
Page. 1(
8.4. The Municipality agreea tu pruvide 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 munieipality 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 tne Truth in Taxation Act as well as any property
which is being considered for an exemption under the Industrial Facibity 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 agree a LI kit its awlib will perform the following functions:
8.7.1. Mechanically make name changes to Sidweli 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 rnonthiy Oasis.
8.7.3. 'Be responsible for the establishment, accuracy and compilation of all
Special Assessment roils 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 CCImbrirredurrs-afterappmval 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. Sun
rate shall be based upon the wages plus benefits of the person or persons
performing said tasks.
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 soieiy responsible for the ares of
its own employees, Agents, and servants during the term of this Contract. No liability, ,
right or benefits arising out of an employerfemployee relationship, either express or
implied, shall arise or accrue to either Party as a result of this Contract.
§10. COUNTY PRIORITIZATION O COUNTY O IL5aUjice,La The Municipality acknowledges
ano agrees that this Contract does not, and is not intended tc, create either any absolute
right in favor of the Municipality, or any correspondent absoiute duty or obligation upon
CONTRACT FOR OAKLAND COUNTY EQUALIZATION DIVISION ASSISTANCE SERVICES
;MTh: 1111.-- CITY 0.'7 SYLVAN LAKE
Parm
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. INDE.MNIFICATiON 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 harmiess
fi on al id ayiu1 duy 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
ornission(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 (SO) calendar days written notice to the other Party. may
cancel and/or completely terminate this Contract for any reason. including convenience,
withoutlncurring any penalty, expense, or liability to the other Party. The effective date
for any such termination is to be clearly sta ted 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, andlor 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 suesequeirt ut1KJlrnt Li tereto, Shall not become
effective prior to the approval by concurrent resolutions of both the Oakland County
Board of Commissioners and the City Council of Sylvan 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
Commission-ere—and the City Council of Sylvan Lake and shall also be filed with the office
of the Clerk of the County and tne Clerk for the City of Sylvan Lake.
§14. The Parties agree that this Contract. and/or any pncqihIch el thcprp lent amendments, shall
be flied with the Michigan Secretary of State and this Contract, and/or any possible
CONTRACT FOR OAKLAND COUNTY EOLIALZATION DIVISION ASSISTANCE SERVICES
WITH THF,. CM OF SYLVAN LAKE
Pain,
subsequent amendments, shall not become effective prior to this required filing wtlits the
Secretary of State.
14.1. The Parties agree that except as expressly provided herein, this Contract shalt
not be changed, supplemented, or amended, in any manner, except as.provided
for herein, and no other act, verbal representation, document, usage dr custom
shall be deemed to amend or modify this Contract in any manner.
§15. NO THIRD-PARTY BENEFICIARIFS Except as expreesly provided herein for the benefit
of the Parties (i.e., County or Municipality), this Contract does not, and is not intenoed tc,
create, by implication or otherwise, any direct or indirect oblieation, duty, promise,
benefit right to be inoemnified (i.e., contractually, legally. equitably, or by implication)
and/or any right to be-scrim-En:rated-to—any Party's rignts 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 AA WHOL The language of all parts of this Contract is intended to
and, in all cases, shall be construed as a whole dccc.ndiIy iu ite 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 contract crl 19DPRic 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. cunsisting of a Mel of fourteen (14) pages, sets
forth the entire agreement between the County and the Municipality and fully suoersedes
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, acienowledaments, warrants,
representations, and agreements set forth in this Contract, and for other good and valuable
CONTRACT FOR OAKLAND COUNTY EQUALMATION DIVISION ASSISTANCE SERVICEE!
VgITE THE CITY OF SYLVAN LAKE
DATE: )11), 1 S 2-(-2)5 EXECUTED: •
Paul Hungerman, Myer
City of Sylvan Lake
WITNESSED:
eqise Clippert. City Cie
City iof Sylvan Lake
DATE,
consideration, the receipt and adequacy of which is hereby acknowiedged, the undersigned
hereby execute this Contract on benalf of the Parties, and by doing so legally obligate and bind
the Parties to the terms and conditions of this Contract.
IN WITNESS WHEREOF, Paul Hungerman, Mayor of the City of Syhtan Lake, hereby
acknowledges that he ha but' clUDIU1 iLed by a resolution of the City Council of Sylvan Lake, a
certified copy of which is attacned, to execute this CuuLi.1 ull benatf of the Municipality and
hereby accepts and binds the fvlunicioality tn the terms ana`ctraditiorrs -Erf-thts Contract.
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 'Dims the Oakland County to
the teiiit id-uur Luitions of this Contract.
DATE EXECUTED:
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
VITITH THE CITY OF SYLVAN LAKI
Pep 11:
Resolution #08187 September 18, 2008
Moved by Rogers supported by Burns the resolutions (with fiscal notes attached) on the Consent Agenda
be adopted,
AYES: Burns, Clark, Coleman, Coulter, Crawford, Dougias, Gershenson, Gingell, Gosselin,
Gregory, Greimel, Hatchett, Jacobsen, Kowa, Long, Middleton, Nash, Potter, Potts, Rogers,
Scott, Spector, Woodward, Zack, Bullard. (25)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted.
P•
ME APPROVE THE FOREGOING RESOLUTION
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
September 18, 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 18th day of September, 2008.
gat
Ruth Johnson, County Clerk
I ieaa
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