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HomeMy WebLinkAbout13-Public Works . CitY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: ROGER G. HARDGRAVE Subject: Approval of Agreements with the County of San Bernardino --- Collection of Annual Assessments on County Property Tax Rolls File No.: 14.40-GEN Dept: Public Works I Engineering Date: May 19, 1997 C.71GINAL Synopsis of Previous Council Action: 08-22-67 - Resolution No. 8785 was adopted authorizing execution of Contract between the City and County of San Bernardino concerning charges for the collection of assessments or assessment taxes. MAY 22 1997 Recommended Motion: Adopt Resolution. cc : Fred Wilson, Acting City Administrator Barbara Pachon, Director of Finance Jim Penman, City Attorney Contact Person: Les Fo!!assy Supporting data attached: Staff Report, Resolution & Agreements Phone: 5026 All Ward: FUNDING REQUIREMENTS: Amount: NI A Source (Accl. No.) (Accl. Description) Finance: Council Notes: Res 97- ! & 2. 06-02-97 €lIED Agenda Item No. 13 CI:TV.OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION . STAFF REPORT The County of San Bernardino has been collecting the annual assessments for the various assessment districts of the City on the County Tax Rolls through a prior Agreement approved on 8/22/67. Due to the passage of Proposition 218 last fall, the County felt it was important to include some language in the agreements that all assessments levied by the City are in compliance with the provisions of Proposition 218. These agreements will replace the existing agreement. There are two agreements necessary to be executed. One covers all of the assessments for the City's various assessment districts, and the other is for Communities Facilities District (CFD) 995, which in a technical sense is not an assessment, but a special tax. Thus, the need for two separate agreements. We recommend that the agreements be approved. URGENCY: It is imperative that the agreements be executed and returned to the County in a timely manner so they may do the necessary processing prior to the County accepting the 1997/98 Assessment Rolls. . . . i . 4 1 AGREEMENT FOR COLLECTION OF SPECIAL TAJCES,FEES,~ASSESSMENTS TInS AGREEMENT is made and entered into this day of , 19 97 , by - and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as "County" and the City of San Bernardino, hereinafter referred to as "District". WITNESSETH: WHEREAS, Government Code Sections 29304 and 51800 authorize the County to recoup its collection costs when the County collects taxes, fees, or assessments for any school district, special district, zone or improvement district thereof; and WHEREAS, the District and County have determined that it is in the public interest that the County, when requested by District, collect on the County tax rolls the special taxes, fees, and assessments for District. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. County agrees, when requested by District as hereinafter provided to collect on the County tax rolls the special taxes, fees, and assessments of District, and of each zone or improvement District thereof. 2. When County is to collect District's special taxes, fees, and assessments, District agrees to notify in writing the Auditor-Controller (222 W. Hospitality Lane, San Bernardino, CA 92415) of the County on or before the 10th day of August of each fiscal year of the Assessor's parcel numbers and the amount of each special tax, fee, or assessment to be so collected. Any such notice, in order to be effective, must be received by the Auditor-Controller by said date. 3. County may charge District an amount per parcel for each special tax, fee, or assessment that is to be collected on the County tax rolls by the County for the District, not to exceed County's actual cost of collection. 4. District warrants that the taxes, fees, or assessments imposed by District and collected pursuant to this Agreement comply with all requirements of state law, including but not lirnited to, Articles XIIIC and XIIID of the California Constitution (proposition 218). 5. District hereby releases and forever discharges County and its officers, agents and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of 05/19/97 EXHIBIT "A" . . . -. / 2 action, and judgments, in any manner arising out of District's responsibility under this agreement, or other action taken by District in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees or assessments as contemplated in this agreement. 6. The County Auditor/Controller has not determined the validity of the taxes or assessments to be collected pursuant to this contract, and the undersigned District hereby assumes any and all responsibility for making such a determination. The undersigned District agrees to indemnify, defend and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract or the imposition of the taxes or assessments collected pursuant to this contract, and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. If any judgment is entered against County or any other indemnified party as a result of action taken to implement this Agreement, District agrees that County may offset the amount of any judgment paid by County or by any indemnified party from any monies collected by County on District's behalf, including property taxes, special taxes, fees, or assessments. County may, but is not required to, notify District of its intent to implement any offset authorized by this paragraph. 7. District agrees that its officers, agents and employees will cooperate with County by answering inquiries made to District by any person concerning District's special tax, fee, or assessment, and District agrees that is officers, agents and employees will not refer such individuals making inquiries to County officers or employees for- response. 8. District shall not assign or transfer this agreement or any interest herein and any such assignment or transfer or attempted assignment or transfer of this agreement or any interest herein by District shall be void and shall immediately and automatically terminate this agreement 9. This agreement shall be effective for the 19 -2Z. fiscal year and shall be automatically renewed for each fiscal year thereafter unless terminated as hereinafter provided. 10. Either party may terminate this agreement for any reason upon thirty days written notice to the other party. The County Auditor/Controller shall have the right to exercise County's right and authority under this contract including the right to terminate the contract. 11. County's waiver of breach of anyone term, covenant, or other provision of this agreement, is not a waiver of breach of any other term, nor subsequent breach of the term or provision waived. .' : J .' . . . . . 3 12. Each person signing this agreement represents and warrants that he or she has been fully authorized to do so. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. District: City of San Bernardino APPROVED AS TO FORM AND LEGAL CONTENT. James F. Penman, City Attorney ~ l-b.-- By: Printed or typed Name: Title: Date: SAN BERNARDINO COUNTY AUDITOR/CONTROLLER-RECORDER By: Printed or typed Name: Title: Date: ...H.~_._._"',,,,;,..___.....~ . . 13 1 . I . AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS . TInS AGREEMENT is made and entered into this day of , 19~, by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as "County" and the City of San Bernardino h inafte fi d "D"" em QQC; , ere r re erre to as lstrict. WITNESSETH: WHEREAS, Government Code Sections 29304 and 51800 authorize the County to recoup its collection costs when the County collects taxes, fees, or assessments for any school district, special district, zone or improvement district thereof; and WHEREAS, the District and County have determined that it is in the public interest that the County, when requested by District, collect on the County tax rolls the special taxes, fees, and assessments for District. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. County agrees, when requested by District as hereinafter provided to collect on the . County tax rolls the special taxes, fees, and assessments of District, and of each zone or improvement District thereof, 2. When County is to collect District's special taxes, fees, and assessments, District agrees to notify in writing the Auditor-Controller (222 W. Hospitality Lane, San Bernardino, CA 92415) of the County on or before the 10lll day of August of each fiscal year of the Assessor's parcel numbers and the amount of each special tax, fee, or assessment to be so collected. Any such notice, in order to be effective, must be received by the Auditor-Controller by said date. 3. County may charge District an amount per parcel for each special tax, fee, or assessment that is to be collected on the County tax rolls by the County for the District, not to exceed County's actual cost of collection. 4. District warrants that the taxes, fees, or assessments imposed by District and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to, Articles XIIIC and XIIID of the California Constitution (proposition 218). 5. District hereby releases and forever discharges County and its officers, agents and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of . 05/19/97 EXHIBIT "B" . .'-.. ...._~~- .. .. . . 2 action, and judgments, in any manner arising out of District's responsibility under this agreement, or . other action taken by District in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees or assessments as contemplated in this agreement. 6. The County Auditor/Controller has not determined the validity of the taxes or assessments to be collected pursuant to this contract, and the undersigned District hereby assumes any and all responsibility for making such a determination. The undersigned District agrees to indemnify, defend and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract or the imposition of the taxes or assessments collected pursuant to this contract, and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. If any judgment is entered against County or any other indemnified party as a result of action taken to implement this Agreement, District agrees that County may offset the amount of any judgment paid by County or by any indemnified party from any monies collected by County on District's behalf, including property taxes, special taxes, fees, or assessments. County may, but is not required to, notify District of its intent to implement any offset authorized by this paragraph. 7. District agrees that its officers, agents and employees will cooperate with County by . answering inquiries made to District by any person concerning District's special tax, fee, or assessment, and District agrees that is officers, agents and employees will not refer such individuals making inquiries to County officers or employees for response. 8. District shall not assign or transfer this agreement or any interest herein and any such assignment or transfer or attempted assignment or transfer of this agreement or any interest herein by District shall be void and shall immediately and automatically terminate this agreement 9. This agreement shall be effective for the 19 97 fiscal year and shall be automatically renewed for each fiscal year thereafter unless terminated as hereinafter provided. 10. Either party may terminate this agreement for any reason upon thirty days written notice to the other party. The County Auditor/Controller shall have the right to exercise County's right and authority under this contract including the right to terminate the contract. 11. County's waiver of breach of anyone term, covenant, or other provision of this agreement, is not a waiver of breach of any other term, nor subsequent breach of the term or provision waived. . ........-~~..-....~ . . , 3 12. Each person signing this agreement represents and warrants that he or she has been fully . authorized to do so. IN WIlNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. CITY OF SAN BERNARDINO District: CFD 995 APPROVED AS TO FORM AND LEGAL CONTEI*T. By: Printed or typed Name: Title: Date: . James. F. Penman. City Attorney By7 lt~ ? ~~~ (I SAN BERNARDINO COUNTY AUDITOR/CONTROLLER-RECORDER By: Printed or typed Name: Title: Date: .