Loading...
HomeMy WebLinkAbout2014-054 CCR Member Dan Ryan introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-54 RESOLUTION AUHTORIZING THE EXCECUTION OF A TWO YEAR CONTRACT WITH HENNEPIN COUNTY FOR ASSESSING SERVICES WHEREAS, 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, in 2012, the City of Brooklyn Center has contracted with the Hennepin County Assessor to provide appraisal reports and expert testimonies for tax court petitions;and WHEREAS, in 2013, the City entered into an interim contract with Hennepin County to carry out the statutory responsibilities and duties of the City Assessor's position to complete the 2014 property assessment; and WHEREAS, the Hennepin County Assessor provides assessing services to 24 other municipalities within Hennepin County and has expressed its interest in establishing a long term relationship with the City of Brooklyn Center;and WHEREAS, on March 10, 2014, the City Council discussed the option of contracting with Hennepin County for assessing services, with the consensus of the City Council being that it was in the best interests of the City to pursue a contractual relationship with the Hennepin County Assessor; and WHEREAS, the contract negotiations provided for considerations for an inter- jurisdictional transfer of the appraisal I position and an interim employment and training by the County for the Appraisal H position to complete the 2015 residential property assessment;and WHEREAS, the Assessing Technician position with continue to provide office support services, processing of homestead applications, updating property ownership changes to the City's PDS system,and tracking if all special assessments processed by the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center,.Minnesota that Hennepin Contract No. A140394, an agreement between the City of Brooklyn Center and Hennepin County to provide assessing services for the 2015 and 2016 property assessments, is hereby approved and the Mayor and City Manager are authorized to execute. April 14,2014 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon,the following voted in favor thereof- Tim Willson, 'Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski,_ and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly'passed and adopted. RESOLUTION NO. 2014-54 Contract No. A140394 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 BROOKLYN CENTER, a political subdivision of the State of Minnesota, hereinafter referred to as "CITY"; WHEREAS, said CITY lies wholly 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 2015 and 2016 property assessment for the CITY OF BROOKLYN CENTER 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 RESOLUTION NO.2014-54 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. The CITY agrees to furnish,without charge, office space needed by the COUNTY at appropriate places in the CITY's offices. The keys thereto shall be . provided to the COUNTY. Such.office space shall be sufficient in size to accommodate reasonably two (2) appraisers and any furniture placed therein. The office space shall be available for the COUNTY's use at any and all times during the CITY's business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. 4. The CITY also agrees to provide appropriate desk and office furniture as necessary, clerical and secretarial support necessary and reasonable for the carrying out of the work herein, necessary office supplies and equipment, copying machines and fax machines and their respective supplies, and telephone service to the COUNTY, all without charge to the COUNTY. 5. It shall be the responsibility of the CITY to have available at the CITY's offices a person who has the knowledge and skill to be able to answer routine questions pertaining to homesteads and property assessment matters and to receive, evaluate and organize homestead applications. It shall also be the responsibility of the CITY to promptly refer any homestead application which needs investigation to the COUNTY. (2) RESOLUTION NO.2014-54 6. 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. 7. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers 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 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 (3) RESOLUTION NO.2014-54 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. 8. 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. 9. 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 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. 10. 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 (4) RESOLUTION NO.2014-54 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. 11. Neither a hereto shall be deemed to be in default of an provision of party Y p 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. 12. This Agreement shall commence on May 1, 2014, and shall terminate on July 31, 2016. 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, 2016. 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, 2016 this Agreement shall terminate on July 31, 2016. 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, 2016. 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 (5) RESOLUTION NO.2014-54 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. 13.A. In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of One Hundred Sixty One Thousand Dollars ($161,000) plus the cost of printing and mailing value notices and all costs associated with handling Chapter 278 tax court cases. [Estimating a TOTAL cost of$200,000 depending on postage and tax court petitions]for each assessment, provided that any payment for the current year's assessment may be increased or decreased by that amount which exceeds or is less than the COUNTY's estimated cost of appraising new construction and new parcels for the current year's assessment. The amount of any increase or decrease shall be specified in the billing for the current year's assessment. 13.13. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of$161,000 plus cost of printing and mailing value notices and all Tax Court Costs with total costs estimated at$200,000 may also be increased by the COUNTY if: (1) The COUNTY determines that any cost to the COUNTY in carrying out any aspect of this Agreement has increased, including but not limited to the following types of costs: new construction and new parcel appraisals, gasoline, postage, supplies, labor(including fringe benefits) and other types of costs, whether similar or dissimilar; and/or t (6) RESOLUTION NO.2014-54 2) The COUNTY reasonably determines that other costs should be included in the costs of assessment work. If the COUNTY desires to increase the assessment cost pursuant to this paragraph 13(B), it shall give written notice thereof by June 15 of any year and such increase shall apply to the assessment for the calendar year next following the current calendar year. Any such notification shall specifically set forth the amount of any new construction and new parcel appraisal charges. Notwithstanding any provisions herein to the contrary, if any such increase, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, exceeds seven and one half percent (7.5%) of the amount charged for the assessment for the then current calendar year, exclusive of any charge for the estimated costs of new construction and new parcel appraisals, the CITY may cancel this Agreement by giving to the COUNTY written notice thereof, provided that said cancellation notice must be received by the COUNTY not later than July 24 of the then current calendar year and said cancellation shall be effective no earlier than five (5) days after the receipt of said notice by the COUNTY and not later than July 31 of said next calendar year. Supportive records of the cost increase will be open to inspection by the CITY at such times as are mutually agreed upon by the COUNTY and CITY. Failure of the COUNTY to give the CITY a price-change notice by June 15 shall not preclude the COUNTY from giving CITY such notice after said date but prior to September 1 of any year, provided that if such price increase exceeds said ten (10%) - all as above set forth -the CITY may cancel this Agreement if the COUNTY receives notice thereof not later than thirty-nine (39) days from the date of receipt by the CITY of any said late price-change notice, provided further that any such cancellation shall be effective not earlier than five (5) days after COUNTY's receipt of said cancellation notice and not later than forty-six (46) days after the CITY's receipt of any said price-increase (7) RESOLUTION NO.2014-54 notice. Payment for each assessment shall be made in the following manner: Approximately one-half(1/2) of the cost of an assessment (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than the fifteenth (15th) day of the December which precedes the pertinent assessment year; and the remaining portion of said cost (the amount payable being set forth in a bill sent by the COUNTY to the CITY) shall be paid by the CITY no later than July 15 of the pertinent year. 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. For the 2015 assessment only, the COUNTY will credit the CITY in the first billing the actual cost to the CITY of salary and benefits for the one CITY provided residential appraiser. It is agreed that this CITY employee will complete the quintile, new construction, and sales verification on all residential properties through October 31, 2014 to the same level as the COUNTY as stated in Exhibit A. 14. 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 Brooklyn Center 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 TO COUNTY: Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 copies to: County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 (8) RESOLUTION NO.2014-54 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. 15. It is expressly understood that the obligations of the CITY under Paragraphs 7, 8, 11, and 12 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 (9) RESOLUTION NO.2014-54 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 2014. 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 BROOKLYN CENTER By: Its And: Its City organized under: Statutory Option A Option B Charter (10) RESOLUTION NO.2014-54 Contract No. A140394 EXHIBIT A CITY OF BROOKLYN CENTER During the contract term, 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. (11)