1d. Approval of Service Agreement with Carver County for Joint Assessment
CITY OF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
www.ci.chanhassen.mn.us
:1-tL
MEMORANDUM
TO: Todd Gerhardt, City Manager
FROM:
Laurie Hokkanen, Assistant City Manager
November 18, 2008 o~ ~
DATE:
SUBJ:
2009/2010 Service Agreement for Joint Assessment with Carver
County Assessor
PROPOSED MOTION:
''The City Council approves the 2009/2010 Service Agreement for Joint
Assessment with the Carver County Assessor which includes an increase of
.50 per parcel."
Approval of this item requires a simple majority vote of those City Council
members present.
BACKGROUND
Traditionally the City of Chanhassen has contracted with the Carver County
Assessor's Office to perform property assessing duties for parcels within the City
of Chanhassen.
In 2008, the total cost of the contract was $102,828. This included the assessment
of the City's 9,657 parcels. Of those, 8,673 were residential, 46 were agricultural,
and 938 were commercial, industrial, or tax exempt.
The proposed contract is for a two-year period, beginning in 2009 and running
through 2010. The proposed rates (and current rates) are as follows:
2007 - 2008
$10.00 per parcel
$10.50 per parcel
$11.50 per arcel
2009-2010
$10.50 er parcel
$11.00 per arcel
$12.00 per parcel
The total budget for the 2009 assessment contract is estimated at $104,000. This
amount accounts for the $0.50 per parcel increase, as well as for additional
parcels that have been or will be added to the tax rolls.
RECOMMENDA TION
Staff recommends the City Council approve the attached "Service Agreement for
Joint Assessment" between the City of Chanhassen and the Carver County
Assessor's Office.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
C
..J.. _ ~.
-.-
Office of County Assessor
Angela Johnson
Carver County Government Center
Admini.stration Building
60Q East Fourth Street . ;
Chaska. Mitmesota 55318-2102
Phone: (952) 361-1960
Fax: (952) 361-1959
RECEIVED
OCr .
. 3 0 2008
CITy OF C
. HANHASSc-
. \ eN
CARVER
COUNTY.
October 29,2008
ToAlI Town/City Boards, Carver County:
Re: Service Agreement for Joint Assessment with Carver County & 2008 invoice .
Enclosed is the new service agreement for thejoint a~sessment between yourjurisdiction and the Carver
County Assessor's Office for the 2009 aild 2010 assessment. This is a two-year agreement, as they have
been in the past. The per pargel cost has been changed to $10.50 perresidential valuation, $11.00 per
agricultural valuation, and $12.00 per commerciaVindustrial valuation. If you want to continue your
association with the Assessor's Office, as you have in the past, please sign the agreement, and return to our
. office by December 1; 2008.
An invoice for the 2008 assessment is enClosed and payment. is due by December 1, 200S.
If you have any questions regarding any of these matters, please contact our office.
c;/~~4-
Angela JO~~, ;A.M.A.
County Assessor
. . Enc:
EqualOpportunit). Employer
Prillted o.rl 30% Post.COII.ml/ler Recycled p(/pc!/' .
SERVICE AGREEMENT FOR JOINT ASSESSMENT
This Agreement is entered into by and between the County of Carver, 600 East 4th Street,
Chaska, Minnesota 55318, through Carver County Assessor, (hereafter "County")and
CITY/TOWNSHIP OF CHANHASSEN, 7700 Market Blvd, Chanhassen, MN 55317, a
municipal corporation under the laws of the State of Minnesota, hereinafter referred to as the
Town.
WHEREAS, the Town desires to enter into an agreement with the County to provide for the
assessment of property in said Town by the County Assessor's Office; and
WHEREAS, Minn.Stat.~ 273.072 and Minn.Stat.~ 471.59 permit such an agreement for joint
assessment;
NOW, THEREFORE, in considerati<)fl of the mutual covenants contained herein~ it is agreed as
follows:
.;~'):~:::.
1)' Term. That the Town, which is situated in the County of Carver, and which constitutes a
separate assessment district, shall have its property within Carver County assessed by the
Carver County Assessor for the assessment dates January 2,2009 and January 2,2010.
All work necessary to the establishment of the estimated market value for each Carver '
County parcel in the Town shall be performed by the Carver County Assessor or by one
or more of the licensed assessors under his/her direction and supervision.
2) Cooperation. It is hereby agreed that the Town and all of its officers, agents and,
employees shall render full cooperation and assistance to the County to facilitate the
provision of the services conteIIlplated hereby.
3) Payment Amount. The Town shall pay to the County for the assessment of property
with Carver County the sum often dollars and fifty cents ($10.50) per residential .
valuation, eleven dollars ($11.00) per agricultural valuation, and twelve dollars ($12.00)
per commercial/industrial valuation (for the assessment of January 2, 2009 and January 2,
2010) existing or created before the closing of the relative assessment year.
4) "Payment terms. Full payment of all. claims submitted by the County Assessor for
relative assessment dates shall be received by the County no later than November 15th of
the respective years.
5) The County agrees that in each year of this Agreement it shall, by its County Assessor or
one or more of his /her deputies, view and determine the market value of at least twenty ,
percent (20%) of the parcels within this taxing jurisdiction. It is further agreed that the
County shall have on file documentation of those parcels - physically inspected for each
year of this Agreement. '
6) Data Privacy. Pursuant to Minn. Stat. Chap. 13, the parties agree to maintain?u1l.d
protect data received or to which they have access. No private or confidential data '
developed, maintained or received by the Town under this agreement may be released to
the public by the Town. The Town agrees to indemnify and hold the County, its agents
and employees, harmless from any and all claims or causes of action arising from or in
any manner attributable to any violation of the Minnesota Government Data Practices Act
by Town or its agents, assigns, or employees, including legal fees and expenses incurred
to enforce this provision of this agreement.
7) Mutual Indemnification. Unless otherwise addressed in this Agreement, each party
shall be liable for its own acts to the extent provided by law and hereby agrees to
indemnify, hold harmless and defend the other, its officers and employees against any
and all liability, loss, costs, damages, expenses, claim or actions, including attorneys fees
which the other, its officers and employees may hereafter sustain, incur or be required to
pay, arising out of or by reason of any act or omission of the party, its agents or
employees, in the execution, performance, or failure to adequately perform its obligations
under this Agreement. Such indemnification is subject to Minn. Stat. Chap. 466 as
amended for such types of Agreements.
To the full extent permitted by law, actions by the parties pursuant to this Agreement are
intended to be and shall be construed as a "cooperative activity" and it is the intent of the
parties that they shall be deemed a "single governmental unit" for the purposes of
liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided
further that for purposes of that statute, each party to this Agreement expressly declines
responsibility for the acts or omissions of the other party.
8) No Joint Venture. Nothing contained in this Agreement is intended or should be
construed as creating the relationship of co-partners or joint ventures with the County. No
tenure or any rights including worker's compensation, unemployment insurance, medical
care, sick leave, vacation leave, severance pay, PERA, or other benefits available to
County employees, including indemnification for third party personal injury/property
damage claims, shall accrue to the Town or employees of the Town performing services
under this Agreement.
9) Records: Availability and Retention. Pursuant to Minn. Stat. ~ 16C.05, subd. 5, the
Town agrees that the County, the State Auditor, or any of their du1y authorized
representatives at any time during normal business hours and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
. and transcribe any books, documents, papers, records, et., which are pertinent to the
accounting practices and procedures of the Town and involve transactions relating to this
Agreement. Town agrees to maintain these records for a period of six years from the date
of termination of this Agreement.
10) Merger and Modification. It is understood and agreed that the entire Agreement
between the parties is contained herein and that this Agreement supersedes all oral
agreements and negotiations between the parties relating to the subject matter. All items
referred to in this Agreement are presumed to be incorporated or attached and are deemed
to be part of this Agreement. Where the incorporated terms differ with the terms of this
Agreement, the terms of this Agreement shall control.
Any material alteration, modification, or variation shall be reduced to writing as an
amendment and signed by the parties.
11) Default and Cancellation. If the Town fails to perform any of the provisions of this
Agreement or so fails to administer the work as to endanger the performance of the
Agreement, this shall constitute default. Unless the Town's default is excused by the
County, the County may, upon written notice to the Town's representative listed herein,
cancel this Agreement in its entirety as indicated in (b.) below.
This Agreement may be cancelled with or without cause by either party upon thirty (30)
days written notice.
Representatives for each of the parties to this Agreement are as listed below:
Town
Chanhassen City
Todd Gerhardt, City Mgr.
7700 Market Blvd
Chanhassen, MN 55317
952-227-1100
Countv/Division
Property Taxpayer Services/Property Assessment
Angela Johnson, County Assessor
600 E 4th St
Chaska, MN 55318
952-361-1960
ajohnson@co.carver.mn.us
12) Subcontracting and Assignment. Neither party shall not enter into any subcontract for
the performance of any services contemplated under this Agreement without the prior
written approval of the other party and subject to such conditions and provisions as the
other party may deem necessary. The party attempting to subcontract or assign its
obligations shall be responsible for the performance of all Subcontractors.
No party may assign or transfer any rights or obligations under this Agreement without
the prior consent of the other Parties and a fully executed Assignment Agreement, .
executed and approved by the same parties who executed and approved this Agreement,
or their successors.
13) Nondiscrimination. During the performance of this Agreement, the Town agrees to the
following: No person shall, on the grounds of race, color, religion, age, sex, disability,
marital status, public assistance status, criminal record, creed or national origin be
excluded from full emplo~ent rights in, participation in, be denied the benefits of or be
otherwise subjected to discrimination under any and all applicable Federal and StateJaws
against discrimination.
14) Health and Safety. Each party shall be solely responsible for the health and safety of its
employees and subcontractor's employees in connection with the services performed in
accordance with this Agreement. Each party shall ensure that all employees, including
those of all subcontractors, have received training required to properly and safely perform
services outlined in this Agreement.
15)No Waiver. Nothing in this Agreement shall constitute a waiver by the either party of
any statute of limitations or exceptions on liability. If the either party fails to enforce any
provision of this Agreement, that failure does not waive the provision or its right to
enforce it.
16) Severability. If any part of this Agreement is rendered void, invalid or unenforceable, by
a court of competent jurisdiction, such rendering shall not affect the remainder of this
Agreement unless it shall substantially impair the value of the entire Agreement with
respect to either party. The parties agree to substitute for the invalid provision a valid
provision that most closely approximates the intent of the invalid provision.
17) Applicable Laws. The Laws of the State of Minnesota shall apply to this Agreement.
IN WITNESS WHEREOF, the City ofChanhassen has caused this Agreement to be executed by
its Chairperson/Mayor and its Town Clerk by the authority of its governing body by a duly
adopted resolution on
This the
day of
, 2008_0
The County of Carver has caused this Agreement to be executed by its Chairperson and the
County Assessor pursuant to the authority of the Board of Commissioners by resolution adopted
on
This the
~
~e-
day of
(!)~~6.er
. 2008_0
CITY/TOWNSHIP OF
By:
Chairperson/Mayor
COUN F CARVER
By: Q~
:::J :;w.L$ ~ , Chairperson
Board of Commis ioners
And:
~
Approved as to form:
City Attorney/ Date
Ap f