D-9. Approve 2017-2020 Service Agreement for Property Assessment Services with the Hennepin County Assessor 101 MEMORANDUM
TO: Todd Gerhardt, City Manager
CITY OF FROM: Chelsea Petersen, Assistant City Manager
CHANHASSEN DATE: August 22, 2016 p
7700 Market Boulevard
PO Box 147 SUBJ: 2017-2020 Service Agreement for Property Assessment Services with
Chanhassen,MN 55317 the Hennepin County Assessor Department
Administration
Phone:952.227.1100 PROPOSED MOTION:
Fax:952.227.1110
"The City Council approves the Assessment Service Agreement for Property
Building Inspections Assessment with the Hennepin County Assessor for 2017-2020."
Phone:952.227.1180
Fax:952.227.1190
Approval of this item requires a simple majority vote of those City Council
Engineering members present.
Phone:952.227.1160
Fax:952.227.1170
Finance BACKGROUND
Phone:952.227.1140
Fax:952.227.1110 While Chanhassen is largely located in Carver County, there is a small portion of the
city located in Hennepin County. The City of Chanhassen contracts for most
Park&Recreation assessment services with Carver County, and then contracts with Hennepin County
Phone:952.227.1120 for the small number of parcels located there.
Fax:952.227.1110
Recreation Center The proposed contract is for 2017-2020 and would be for$1,600.00 per year for each
2310 Coulter Boulevard of the years covered. The previous and proposed rates are as follows:
Phone:952.227.1400
Fax:952.227.1404 I Year I 2014 2015 I 2016 I 2017
Total Assessment I $1,363.34 I $1,400.00 I $1,400.00 I $1,600.00
Planning&
Natural Resources
Phone:952.227.1130 The total 2017 budget for the Assessment Service Agreement with Hennepin County
Fax:952.227.1110 is $1,600.00. That fee covers all revaluation work, new constructions, appeals, and
associated administrative tasks.
Public Works
7901 Park Place RECOMMENDATION
Phone:952.227.1300
Fax:952.227.1310 Staff recommends the City Council approve the attached "Assessment Service
Senior Center Agreement"between the City of Chanhassen and the Hennepin County Assessor's
Phone:952.227.1125 Office.
Fax:952.227.1110
Website
www.ci.chanhassen.mn.us
\\cfs5\cfs5\Shared_Data\Admin\CP\City Council\HC Assessor's Contract 17 staff
report.doc
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
Contract No. A165547
AGREEMENT
THIS AGREEMENT, Made and entered into by and between the COUNTY OF
HENNEPIN, a political subdivision of the State of Minnesota, hereinafter referred to as
the "COUNTY", and the CITY OF CHANHASSEN, a political subdivision of the State of
Minnesota, hereinafter referred to as "CITY";
WHEREAS, said CITY lies partially within the COUNTY OF HENNEPIN and
constitutes a separate assessment district; and
WHEREAS, under such circumstances, the provisions of Minnesota Statutes,
Section 273.072 and Minnesota Statutes, Section 471.59 permit the County Assessor to
provide for the assessment of property; and
WHEREAS, said CITY desires the COUNTY to perform certain assessments
on behalf of said CITY; and
WHEREAS, the COUNTY is willing to cooperate with said CITY by completing
the assessment in a proper manner;
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, it is agreed as follows:
1. The COUNTY shall perform the 2017, 2018, 2019, and 2020 property
assessment of all properties for the CITY OF CHANHASSEN in accordance with
property assessment procedures and practices established and observed by the
COUNTY, the validity and reasonableness of which are hereby acknowledged and
approved by the CITY. Any such practices and procedures may be changed from time
to time, by the COUNTY in its sole judgment, when good and efficient assessment
procedures so require. The property assessment by the COUNTY shall be composed
of those assessment services which are set forth in Exhibit A, attached hereto and
made a part hereof by this reference, provided that the time frames set forth therein
shall be considered to be approximate only.
2. All information, records, data, reports, etc. necessary to allow the
COUNTY to carry out its herein responsibilities shall be furnished to the COUNTY
without charge by the CITY, and the CITY agrees to cooperate in good faith with the
COUNTY in carrying out the work under this Agreement.
3. In accordance with Hennepin County Affirmative Action Policy and the
County Commissioners' policies against discrimination, no person shall be excluded
from full employment rights or participation in or the benefits of any program, service or
activity on the grounds of race, color, creed, religion, age, sex, disability, marital status,
sexual orientation, public assistance status, ex-offender status or national origin; and no
person who is protected by applicable Federal or State laws, rules and regulations
against discrimination shall be otherwise subjected to discrimination.
4. It is agreed that nothing herein contained is intended or should be
construed in any manner as creating or establishing the relationship of joint ventures or
co-partners between the parties hereto or as constituting the CITY as the agent,
representative or employee of the COUNTY for any purpose or in any manner
whatsoever. Any and all personnel of CITY or other persons, while engaged in the
performance of any activity under this Agreement, shall have no contractual relationship
with the COUNTY and shall not be considered employees of the COUNTY and any and
all claims that may or might arise under the Workers' Compensation Act of the State of
Minnesota on behalf of said personnel or other persons while so engaged, and any and
all claims whatsoever on behalf of any such person or personnel arising out of
(2)
employment or alleged employment including, without limitation, claims of discrimination
against the CITY, its officers, agents, CITY or employees shall in no way be the
responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY,
its officials, officers, agents, employees and duly authorized volunteers harmless from
any and all such claims regardless of any determination of any pertinent tribunal,
agency, board, commission or court. Such personnel or other persons shall not require
nor be entitled to any compensation, rights or benefits of any kind whatsoever from the
COUNTY, including, without limitation, tenure rights, medical and hospital care, sick and
vacation leave, Workers' Compensation, Re-employment Compensation, disability,
severance pay and retirement benefits.
5. CITY agrees that it will defend, indemnify and hold the COUNTY, its
elected officials, officers, agents, employees and duly authorized volunteers harmless
from any and all liability (statutory or otherwise) claims, suits, damages, judgments,
interest, costs or expenses (including reasonable attorney's fees, witness fees and
disbursements incurred in the defense thereof) resulting from or caused by the
negligent or intentional acts or omissions of the CITY, its officers, agents, contractors,
employees or duly authorized volunteers in the performance of the responsibilities
provided by this Agreement. The CITY's liability shall be governed by Minn. Stat.
Chapter 466 and other applicable law, rule and regulation, including common law.
6. COUNTY agrees that it will defend, indemnify and hold the CITY, its
elected officials, officers, agents, employees and duly authorized volunteers harmless
from any and all liability (statutory or otherwise) claims, suits, damages, judgments,
interest, costs or expenses (including reasonable attorney's fees, witness fees and
disbursements incurred in the defense thereof) resulting from or caused by the
(3)
negligent or intentional acts or omissions of the COUNTY, its officers, agents,
contractors, employees or duly authorized volunteers in the performance of the
responsibilities provided by this Agreement. The COUNTY's liability shall be governed
by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including
common law.
7. The COUNTY shall endeavor to perform all services called for herein in an
efficient manner. The sole and exclusive remedy for any breach of this Agreement by
the COUNTY and for COUNTY's liability of any kind whatsoever, including but not
limited to liability arising out of, resulting from or in any manner related to contract, tort,
warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in
said services as is reasonably possible under the pertinent circumstances.
8. Neither party hereto shall be deemed to be in default of any provision of
this Agreement, or for delay or failure in performance, resulting from causes beyond the
reasonable control of such party, which causes shall include, but are not limited to, acts
of God, labor disputes, acts of civil or military authority, fire, civil disturbance, changes in
laws, ordinances or regulations which materially affect the provisions hereof, or any
other causes beyond the parties' reasonable control.
9. This Agreement shall commence on August 1, 2016, and shall terminate
on July 31, 2020. Either party may initiate an extension of this Agreement for a term of
four (4) years by giving the other written notice of its intent to so extend prior to March 1,
2020. If the party who receives said notice of intent to extend gives written notice to the
other party of its desire not to extend prior to, April 15, 2020 this Agreement shall
terminate on July 31, 2020.
(4)
Nothing herein shall preclude the parties, prior to the end of this Agreement, from
agreeing to extend this contract for a term of four (4) years. Any extended term hereof shall be
on the same terms and conditions set forth herein and shall commence on August 1, 2020.
Either party may terminate this Agreement for "just cause" as determined by the Commissioner
of Revenue after hearing for such a determination is held by the Commissioner of Revenue
and which has been attended by representatives of COUNTY and CITY or which said
representatives had a reasonable opportunity to attend, provided that after such determination,
any party desiring to cancel this Agreement may do so by giving the other party no less
than 120 days' written notice. If the CITY should cancel this Agreement, as above provided,
before the completion of the then current property assessment by the COUNTY, the CITY
agrees to defend and hold the COUNTY, its officials, officers, agents, employees and duly
authorized volunteers harmless from any liability that might ensue as a result of the non-
completion of a property tax assessment.
For the purpose of this Agreement, the term "just cause" shall mean the failure of
any party hereto reasonably to perform a material responsibility arising hereunder.
10. In consideration of said assessment services, the CITY agrees to pay the
COUNTY the sum of One Thousand Six Hundred Dollars ($1,600) for each
assessment.
Payment for each assessment shall be made in the following manner:
Any bill from the COUNTY for the current year's assessment which is received by
the CITY before August 18 of the current year shall be due on September 7 of said
year, provided that the City may elect to pay said bill before said date. Any bill received
by the city after August 18 shall be due no later than twenty-one (21) days after the
CITY's receipt thereof.
(5)
The COUNTY may bill the CITY after the aforesaid dates and in each such case,
the CITY shall pay such bill within thirty (30) days after receipt thereof.
11. Any notice or demand, which may or must be given or made by a party
hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing
and shall be sent registered or certified mail to the other party addressed as follows:
TO CITY: Mayor, City of Chanhassen
PO Box 147
Chanhassen, MN 55317
TO COUNTY: Hennepin County Administrator
2300A Government Center
Minneapolis, MN 55487
copies to: County Assessor
Hennepin County
2103A Government Center
Minneapolis, MN 55487
copies to: Assistant County Assessor
Hennepin County
2103A Government Center
Minneapolis, MN 55487
Any party may designate a different addressee or address at any time by giving
written notice thereof as above provided. Any notice, if mailed, properly addressed,
postage prepaid, registered or certified mail, shall be deemed dispatched on the
registered date or that stamped on the certified mail receipt and shall be deemed
received within the second business day thereafter or when it is actually received,
whichever is sooner. Any notice delivered by hand shall be deemed received upon
actual delivery.
(6)
12. It is expressly understood that the obligations of the CITY under
Paragraphs 4, 5, 9, and 10 hereof and the obligations of the CITY which, by their sense
and context, are intended to survive the performance thereof by the CITY, shall so survive
the completion of performance, termination or cancellation of this Agreement.
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
(7)
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by its duly authorized officers and delivered on its behalf, this day of
, 2016.
COUNTY OF HENNEPIN
STATE OF MINNESOTA
Reviewed by County
Attorney's Office: By:
Chair of the County Board
Date: And:
Assistant/Deputy/County Administrator
ATTEST:
Deputy/Clerk of the County Board
CITY OF CHANHASSEN
By:
Its
And:
Its
City organized under:
Statutory Option A Option B Charter
(8)
Contract No. A165547
EXHIBIT A
CITY OF CHANHASSEN
During the contract term for all properties, the County shall:
1. Physically inspect and revalue 20% of the real property, as required by
law.
2. Physically inspect and value all new construction, additions and
renovation.
3. Adjust estimated market values on those properties not physically
inspected as deemed necessary per sales ratio analysis.
4. Prepare the initial assessment roll.
5. Print and mail valuation notices.
6. Respond to taxpayers regarding assessment or appraisal problems or
inquiries.
7. Conduct valuation reviews prior to Board of Review or Open Book
Meetings, as determined by the City — approximate dates: March through
May 15.
8. Attend Board of Review or conduct Open Book Meeting. Prepare all
necessary review appraisals. Approximate dates: April 1 — May 31.
9. Maintain an updated property file — current values, classification data and
characteristic data.
10. Prepare divisions and combinations as required.
11. Administer the abatement process pursuant to Minn. Stat. §375.192.
12. Prepare appraisals; defend and/or negotiate all Tax Court cases.
13. Provide all computer hardware and software applications necessary to
complete contracted services.
(9)