Joint Assessment Contract with Carver County 2022 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, a municipal corporation under the laws of the State of Minnesota, hereinafter
referred to as the "City."
WHEREAS, the City desires to enter into an agreement with the County to provide for the
assessment of property in said City 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 City, 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, 2022. All work necessary
to the establishment of the estimated market value for each Carver County parcel in the
City 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 City 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 City shall pay to the County for the assessment of property with
Carver County the sum of fourteen dollars and thirty seven cents ($14.37)per residential
valuation, fourteen dollars and ninety four cents ($14.94)per agricultural valuation, and
sixteen dollars and two cents ($16.02) per commercial/industrial valuation(for the
assessment of January 2, 2022) 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 and
protect data received or to which they have access. No private or confidential data
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developed, maintained or received by the City under this agreement may be released to
the public by the City. The City 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 City 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. 1 a.
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 City or employees of the City performing services
under this Agreement.
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9) Records: Availability and Retention. Pursuant to Minn. Stat. §16C.05, subd. 5, the City
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 City and involve transactions relating to this Agreement. City
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 City 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 City's default is excused by the
County,the County may, upon written notice to the City'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:
City County/Division
City of Chanhassen Mark Meili Interim
7700 Market Boulevard Carver County Assessor
Chanhassen, MN 55317-0147 600 E 4th Street Chaska MN 55318
Matt Unmacht, Assistant City Manager mmeili@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.
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13)Nondiscrimination. During the performance of this Agreement,the City 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.
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IN WITNESS WHEREOF,the City of Chanhassen, has caused this Agreement to be executed
by its Mayor and its City Clerk by the authority of its governing body by a duly adopted
resolution on
This the I I-1-hday of OG-1-C: ,r- , 2021.
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 , 2021.
CITY OF CHANHASSEN COUNTY OF CARVER
By: I‘, By:
Elise Ryan, Mayor Tim Lynch, Chairperson
Board of Commissioners
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Attest:
Kin: Meuwissen, C ty Clerk Dave Hemze/County Admin.
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And:
Mark Meili
Interim County Assessor
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