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HomeMy WebLinkAboutCC RES 94-035 RESOLUTION APPROVING THE ASSESSING AGREEMENT WITH HENNEPIN COUNTY DOR 1995, 1996, 1997. AND 1998 AND AUTHORIXING THE MAYOR AND INTERIM CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ST. ANTHONY Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII iosaac Box: 26 Folder: RES 1994 Document: CC RES 94-035 RESOLUTION APPROVING THE ASSESSING AGREEMENT WITH HENNEPIN COUNTY DOR 1995, 1996, 1997. AND 1998 AND AUTHORIXING THE MAYOR AND INTERIM CIN MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CIN OF ST. ANTHONY • CITY OF ST. ANTHONY RESOLUTION 94-035 A RESOLUTION APPROVING AN ASSESSING AGREEMENT WITH HENNEPIN COUNTY FOR 1995, 1996, 1997, AND 1998 AND AUTHORIZING THE MAYOR AND INTERIM CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ST. ANTHONY WHEREAS, the City of St. Anthony desires Hennepin County to perform certain assessments on behalf of the City; and WHEREAS, the County is willing to complete the assessment in a proper manner. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony hereby approves the Assessing Agreement for 1995, 1996, 1997, and 1998, between the City and Hennepin County and authorizes the Mayor and Interim City Manager to execute said Agreement on behalf of the City. • Adopted this I A day of T-A. ri e-- , 1994. '2�6" Mayor ATTEST: L/ City Clerk Reviewed for administration: ` Z Interim City M pager • Contract No. A07104 • 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 ST. ANTHONY, 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 1995, 1996, 1997 and 1998 property assessment for the CITY of ST. ANTHONY 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 • II F 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 with the COUNTY in carrying out the work under this Agreement. 3. The CITY agrees to furnish office space needed by the COUNTY, without charge, at appropriate places in the CITY's offices . The keys thereto shall be provided to the COUNTY. The • CITY assures that such areas shall not be unattended during or after work of any kind therein by or on behalf of the CITY, or if unattended, the CITY shall make certain that such areas are locked and secured. 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 (2) S herein, necessary office supplies and equipment, copying machines • and 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 each CITY working day a person who has such 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 to the COUNTY any homestead application which needs investigation. 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, affectional/sexual preference, 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 .A. 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 (3) } or in any manner whatsoever. Any and all CITY personnel or other persons, while engaged in the performance of any activity or obligation 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, contractors, or employees shall in no way be the responsibility of the COUNTY, and CITY shall defend, indemnify and hold the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims asserted against any, some or all of the foregoing 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, unemployment compensation, disability, severance pay and P.E.R.A. The COUNTY agrees to promptly notify the CITY in writing whenever the COUNTY receives written notification of a claim or of a threat or initiation of an action arising from or relating to the subject matter of this paragraph 7 .A. • (4) J 7 .B. Any and all personnel of the COUNTY or other County-authorized persons, while engaged in the performance of any work or services required of the COUNTY under this Agreement, shall have no contractual relationship with the CITY and shall not be considered employees of the CITY 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, contractors or employees shall in no way be the responsibility of the CITY, and the COUNTY does hereby hold the CITY harmless from any and all such claims . Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the CITY, including, without limitation, tenure rights, medical and • hospital care, sick and vacation leave, severance pay and PERA. The CITY agrees to promptly notify the COUNTY in writing whenever the CITY receives written notification of a claim or a threat or initiation of an action arising from or relating to the subject matter of this paragraph 7 .B. 7 .C. The defend, indemnification, and/or harmless provisions of foregoing paragraphs 7 .A. and 7 .B. , as any such provision pertains to the herein respective parties, shall not be effective under circumstances wherein substantial reasons exist to reasonably conclude in good faith that the provisions of Minnesota Statutes S 176 .061 ( 1992) are applicable. 8 .A. Consistent with the specific limits, exclusions and conditions expressed in Minnesota Statutes, Chapter 466 • (5) � l ( 1992, as may be amended) , CITY agrees that it will defend 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 any act or omission of the CITY, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The COUNTY agrees to promptly notify the CITY whenever the COUNTY receives written notification of a claim or threat or initiation of an action arising from or relating to the subject matter of this paragraph 8 .A. 8 .B. Nothing in the contract documents shall be • construed as or operate as waivers of the COUNTY's statutory or common law immunities or limitations of liability. However, consistent with the foregoing, the COUNTY's liability obligations shall be as follows: consistent with the specific limits, exclusions and conditions expressed in Minnesota Statutes Chapter 466 ( 1992, as may be amended) , the COUNTY agrees to hold the CITY, its officers and employees, harmless from any and all claims and liability with respect to bodily injury or property damage to the extent the same results directly or indirectly from any negligent act or omission of the COUNTY, its agents and employees. The CITY agrees to promptly notify the COUNTY in writing whenever the CITY receives written notification of a claim or a threat or initiation of an action arising from or • relating to the subject matter of this paragraph 8 .B. (6 ) 9 . Except as otherwise provided in paragraphs 7 .B. , • 7 .C.• and 8 .B. hereof, the COUNTY's liability hereunder shall be as follows: The COUNTY shall endeavor to perform all services called for herein in an efficient manner. The sole and exclusive remedies for any breach of this Agreement by the COUNTY and for COUNTY's liability of any kind whatsoever, including but not limited to liability for negligence with respect to the services hereunder, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances . In no event shall the COUNTY be liable for actual, direct, special, incidental, or consequential damages or for any business or financial loss whatsoever. 10 . 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. 11. This Agreement shall commence on August 1, 1994, and shall terminate on July 31, 1998 . This Agreement may be extended for a term of four (4) years by either party giving the other written notice of its intent to so extend no less than 150 • days prior to the termination of this Agreement. If the party (7 ) who receives said notice of intent to extend gives written notice • to the other party of its desire not to extend within 110 days prior to termination of this Agreement, this Agreement shall terminate on July 31, 1998. 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. 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 part 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 harmless the COUNTY, its elected officials, officers, agents, employees and duly authorized volunteers 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. 12 . In consideration of said assessment services, the CITY agrees to pay the COUNTY the sum of Twenty-four Thousand Six • ( 8) r f Hundred ($24,600.00) Dollars for each assessment, provided that any payment due in September of any year (as below provided) 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 relevant assessment. Regarding each assessment, in addition to being subject to adjustment in the above manner, said assessment cost of $24,600 .00 may also be increased by the COUNTY if: a. 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 b. The COUNTY reasonably determines that • other costs should be included in the costs of assessment work. The COUNTY shall give written notice of any price change 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 ten ( 10%) percent 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 • (9) J 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 current 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 notice. Payment by the CITY shall be due no later than twenty- one (21) days after receipt by the CITY of billing from the COUNTY for the herein assessment services, provided that said payment shall be due no earlier than September 7 of each year. • ( 10) I 1 13. 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: City Manager, City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418 TO COUNTY: Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 copies to: Director of Assessments Hennepin County 2103A Government Center Minneapolis, MN 55487 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. 14 . 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 ( 11) a : � survive the completion of performance, termination or cancellation of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its duly authorized officers and LAm- delivered on its behalf, this day of , 1994 . COUA HENNE IN, S ATE OF MINNESOTA Upon proper execution, this agreement will be legally valid and binding. BY: an f the Cou ty Board si `n y t orney And: Da e: D Assoc . Co. Administrator APPROVED AS TO EXECUTION: , ATTEST: L, o Jerk of the County Boa Asst t C Atto .ney CITY FST. ANTHONY Date: — BY' • ItsAat�'� And: Its j_ir-her dy wiar)aje.r The above Agreement No. A07104 is hee y alfto ed b the Commissioner of Revenue this 1994 . FOQ'COMMISSION OF REVENUE • ( 12) < r Contract No. A07104 • EXHIBIT A CITY OF ST. ANTHONY 1 . Physically inspect and revalue 25% of the real property, as required by law. 2 . Physically inspect and value all new construction, additions and renovation. 3. Conduct valuation reviews prior to Board of Review - approximate dates: . March through May 15 . 4 . Attend Board of Review. Per Board request, make all necessary review appraisals . Approximate dates: April 1 - May 31 . 5 . Keep updated field card file - current values, homestead and • classification data. 6 . Print, mail and post valuation notices and homestead cards . 7 . Respond to taxpayers regarding assessment or appraisal problems or inquiries periodically during contract term. 8 . Make divisions and combinations periodically during contract term. 9 . Initiate, for the taxpayer, abatement applications periodically during contract term, as requested. 10 . Make appraisals for, testify or negotiate all District Court or Tax Court filings during the contract term. 11. Post values from appraisal cards to assessment rolls . 12 . As needed, per sales analysis, adjust estimated market values on those properties not physically inspected. ::CIVIL$:[C0NTRACT]AGREE.BZ7;10 ( 13)