D-8. Approve 2017 Service Agreement for Joint Assessment with Carver County Assessor 101 MEMORANDUM
TO: Todd Gerhardt, City Manager
CITY OF
FROM: Chelsea Petersen, Assistant City Manager
CIIANHASSEN DATE: August 22, 2016 OW"
7700 Market Boulevard
PO Box 147 SUBJ: 2017 Service Agreement for Joint Assessment with Carver County
Chanhassen,MN 55317 Assessor
Administration
Phone:952.227.1100 PROPOSED MOTION:
Fax:952.227.1110
"The City Council approves the 2017 Service Agreement for Joint
Building Inspections Assessment with the Carver County Assessor which includes an increase of
Phone:952.227.1180 $0.50 per parcel."
Fax:952.227.1190
Engineering Approval of this item requires a simple majority vote of those City Council
Phone:952.227.1160 members present.
Fax:952.227.1170
Finance BACKGROUND
Phone:952.227.1140
Fax:952.227.1110 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
Park&Recreation Chanhassen that are located in Carver County.
Phone:952.227.1120
Fax:952.227.1110 The proposed contract is for 2017 only. The previous and proposed rates are as
Recreation Center follows:
2310 Coulter Boulevard
Phone:952.227.1400 Property Type I 2013-2014 I 2015-2016 I 2017
Fax:952.227.1404 Residential I $11.50 ( $12.00 $12.50
Agricultural $12.00 I $12.50 $13.00
Planning&
Natural Resources � Commercial/Industrial $13.00 I $13.50 $14.00
Phone:952227.1130
Fax:952.227.1110 The total 2017 budget for the Service Agreement for Joint Assessment with Carver
County is estimated at$139,360.00. This amount accounts for the$0.50 per parcel
Public Works increase, as well as for additional parcels that have been or will be added to the tax
7901 Park Place rolls. That fee covers all revaluation work, new constructions, appeals, and associated
Phone:952.227.1300 administrative tasks.
Fax:952.227.1310
Senior Center RECOMMENDATION
Phone:952.227.1125
Fax:952.227.1110 Staff recommends the City Council approve the attached "Service Agreement for
Joint Assessment"between the City of Chanhassen and the Carver County Assessor's
Website Office.
www.ci.chanhassen.mn.us
\\cfs5\cfs5\Shared_Data\Admin\CP\City Council\CC Assessor's Contract 17 staff
report.doc
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
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 of
Chanhassen, 7700 Market Boulevard P.O. Box 147. Chanhassen, MN 55317-0147, 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 date of January 2, 2017. 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 twelve dollars and fifty cents ($12.50)per residential
valuation,thirteen dollars and no cents ($13.00)per agricultural valuation, and fourteen
dollars and no cents ($14.00)per commercial/industrial valuation(for the assessment of
January 2, 2017) 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 l5t'' 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/City County/Division
Chanhassen I Angela Johnson
Todd Gerhardt, City Manager Carver County Assessor
7700 Market Boulevard 600 E 4th Street Chaska MN 55318
P.O. Box 147 ajohnson@co.carver.mn.us
Chanhassen, MN 55317-0147
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/Township 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 day of , 2016_
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 day of , 2016 .
CITY/TOWNSHIP OF Chanhassen COUNTY OF CARVER
By: By:
Chairperson/Mayor James Ische, Chairperson
Board of Commissioners
By: Attest:
Clerk Dave Hemze/County Admin.
And:
Angela Johnson
County Assessor
Approved as to form:
City Attorney/Date Approved as to form:
Assistant County Attorney/Date