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1c. Approve Joint Assessment Agreement with Carver CountyCITY 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 wwadchanhassennn.us MEMORANDUM TO: Todd Gerhardt, City Manager FROM: Laurie Hokkanen, Assistant City Manager, DATE: September 8, 2010 SUBJ: 2011/2012 Service Agreement for Joint Assessment with Carver County Assessor PROPOSED MOTION: "The City Council approves the 2011/2012 Service Agreement for Joint Assessment with the Carver County Assessor which includes an increase of .50 per parcel." Or' Approval of this item requires a simple majority vote of those City Council members present. BACKGROUND of Chanhassen. Traditionally the City of Chanhassen has contracted with the Carver County Assessor's Office to perform property assessing duties for parcels within the City In 2010, the total cost of the contract was $103,510.50. This included the assessment of the City's 9,718 parcels. Of those, 8,709 were residential, 42 were agricultural, and 967 were commercial, industrial, or tax exempt. The proposed contract is for a two -year period, beginning in 2011 and running through 2012. The proposed rates (and current rates) are as follows: Property Type 2009 -2010 2011 -2012 Residential $12.50 per parcel $11.00 Agricultural $11.00 per parcel $11.50 Commercial /Industrial $12.00 per parcel $12.50 The total budget for the 2011 assessment contract is estimated at $112,100. 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. RECOMMENDATION 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 Office of County Assessor Angela Johnson Carver County Government Center 0WN Administration 600 East Fourth Street Chaska, Minnesota 55318 -2102 Phone: (952) 361 -1960 Fax: (952) 361 -1959 August 12, 2010 To All Town/City Boards, Carver County: Re: Service Agreement for Joint Assessment with Carver County & 2010 invoice El V AUG 1 3 2010 CITY OF CHANHASSEN Enclosed is the new service agreement for the joint assessment between your jurisdiction and the Carver County Assessor's Office for the 2011 and 2012 assessment. This is a two -year agreement, as they have been in the past. The per parcel cost has been changed to $11.00 per residential valuation, $11.50 per agricultural valuation, and $12.50 per commercial /industrial 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 November 1, 2010. An invoice for the 2010 assessment is enclosed and payment is due by November 1, 2010. If you have any questions regarding any of these matters, please contact our office. Angela Johnson, S.A.M.A. County Assessor Enc. 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 the City of Chanhassen, 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 consideration 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, 2011 and January 2, 2012. 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 contemplated hereby. 3) Payment Amount. The Town shall pay to the County for the assessment of property with Carver County the sum of eleven dollars ($11.00) per residential valuation, eleven dollars and fifty cents ($11.50) per agricultural valuation, and twelve dollars and fifty cents ($12.50) per commercial /industrial valuation (for the assessment of January 2, 2011 and January 2, 2012) 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 15 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 and 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. The Parties' total liability under this Agreement shall be governed by Minn. Stat. § 471.59, subd. la. Each Party agrees that it will be responsible for the acts or omissions of its officials, agents, and employees, and the results thereof, in carrying out the terms of this Agreement, to the extent authorized by law and shall not be responsible for the acts /omissions of the other Party and. the results thereof. For purposes of determining total liability for damages, the participating governmental units are considered to be a single governmental unit, the total liability of which shall not exceed the limits for a single governmental unit as provided in Minn. Stat. § 466.04, subd. 1. Each Party agrees to defend, hold harmless, and indemnify the other Party, its officials, agents, and employees, from any liability, loss, or damages the other Party may suffer or incur as the result of demands, claims, judgments, or cost arising out of or caused by the indemnifying Party's negligence in the performance of its respective obligations under this Agreement. This provision shall not be construed nor operate as a waiver of any applicable limitation of liability, defenses, immunities, or exceptions by statute or common law. 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. The Parties of this Agreement are not liable for the acts or omissions of the other participants to this Agreement except to the extent to which they have agreed in writing to be responsible for acts or omissions of the other Parties. 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 duly 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 Countv/Division City of Chanhassen Property Taxpayer Services/Property Assessment Todd Gerhardt, City Manager Angela Johnson, County Assessor 7700 Market Blvd. 600 E. 0. St. Chaska, Mn. 55318 PO Box 147 952- 361 -1960 Chanhassen, Mn. 55317 -0147 ajohnson @co.carver.mn.us 952- 227 -1100 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 employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws 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 of Chanhassen 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 2010 day of 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 CITY /TOWNSHIP OF By: Chairperson/Mayor By: Clerk day of , 2010 COUNTY OF CARVER By: James Ische, Chairperson Board of Commissioners Attest: Dave Hemze /County Admin. Angela Johnson County Assessor Approved as to form: City Attorney/ Date Approved as to form: Assistant County Attorney /Date