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HomeMy WebLinkAbout2008-423 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "'" " RESOLUTION NO. 2008-423 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A TOLLING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO CONCERNING PROPERTY TAX ADMINISTRATION FEES, AND RESCINDING RESOLUTION 2008-396. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a Tolling Agreernent between the County of San Bernardino and the City of San Bernardino concerning Property Tax Administration fees, which is attached hereto, rnarked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. SECTION 2. Resolution 2008-396 is hereby rescinded, SECTION 3. The authorization to execute the above-referenced Tolling Agreernent is rescinded if the parties to the agreernent fail to execute it within ninety (90) days of the passage of this resolution. III III III III III III III III III "..... 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2008-423 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A TOLLING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNTY OF SAN BERNARDINO CONCERNING PROPERTY TAX ADMINISTRATION FEES, AND RESCINDING RESOLUTION 2008-396, I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular rneeting thereof, held on the _1 7 ttday of November ,2008, by the following vote, to wit: Council Mernbers: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MCCAMMACK --L.. ~_k-~/ City Clerk 2008, The foregoing resolution is hereby approved this /~ . day of November , Approved as to form: JAMES F. PENMAN, City Attorney Br)f~ '~... III .ioL 2008-423 ~ ~ New Vendor Code Dept. Contract Number Change SC A Cancel County Department Depl. Orgn, Contractor's License No. County Department Contract Representative Telephone Total Contract Amount ( ) - $0 n Revenue n "n"umbered Contract Type n n "n-noumbered Other: II not encumbered or revenue contract type, provide reason: Commodity Code Contract Start Date Contract End Data Original Amount Amendment Amount $ $ Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No Amount , $ Fund Dept. Organization Appr, Obj/Rav Source GRCIPROJ/JOB No, Amount , , $ Fund Dept. Organization Appr, Obj/Rev Source GRC/PROJ/JOB No, Amount , , $ Project Name Estimated paymant Total by Fiscal Year Tolling Agreement FY Amount lID FY Amount I/O - - - - FOR COUNTY USE ONLY County of San Bernardino FAS STANDARD CONTRACT THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the County, and Name City of San Bernardino hereinafter called City Address 300 N 0 Street San Bernardino, CA Telephone (909) 384 - 5122 FederallD No. or Social Security No. IT IS HEREBY AGREED AS FOllOWS: (Use space below and additional bond sheets. Set forth SBtVice to be tendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and attach plans, specifications, and addenda, if any.) TOLLING AGREEMENT This Tolling Agreement is entered into by and between the County and the City with respect to the following facts: 1, A dispute has arisen between the City and the County regarding the amount of property tax administration fees charged by the County and its County AssessorfTax Collector to cities, beginning in fiscal year 2006/2007 and continuing through fiscal year 2007/2008, pursuant to Revenue and Taxation Code sections 95,3 and 97, in light of the provisions of Revenue and Taxation Code sections 97,68 and 97.70 (the "Administrative Fees - Page 1 of 3 - .....'. ~ III "it 2008-423 Dispute"). The City contends that the County has charged more for property tax administration fees than its statutory mandate allows, whereas the County contends that it has charged property tax administration fees within the statutory authority, 2. That same Administrative Fees Dispute has arisen between the County and many other cities located within the County, and has also arisen between other California counties and many cities within those counties' territory, 3, Conflicting legal opinions as to the Administrative Fees Dispute have been rendered by various state and local agencies and their counsel. 4. Many California cities have filed claims against counties seeking reimbursement for alleged overcharges of property tax administration fees, and litigation between cities and counties over the Administrative Fees Dispute has been threatened and has been filed or is imminent in the County of Los Angeles and possibly other jurisdictions, 5, The City and the County wish to preserve their respective rights concerning the Administrative Fee Dispute but want to avoid duplicative and potentially wasteful litigation of an issue that will likely be resolved in other litigation. THEREFORE, the City and the County hereby agree as follows: 1. The statute of limitations or any other time within which the City may file a claim pursuant to the Tort Claims Act or any applicable claims statute or County ordinance, and the statute of limitations or other time within which the City may file litigation against the County challenging the County's calculation of the property tax administration fee for fiscal years 2006/2007 and later arising out of the Administrative Fees Dispute shall be, and hereby is, tolled and extended until the earlier of (a) three years from the date of this Tolling Agreement or (b) a final judgment or opinion by a California court of competent jurisdiction adjudicating the Administrative Fees dispute between the County of Los Angeles and any city therein, or between any other California county and cities. 2, Each party represents and warrants that the individuals executing this Tolling Agreement on each party's behalf possess full authority to execute this agreement and to settle and compromise all claims settled and compromised by this agreement. 3. This Tolling Agreement contains the entire agreement ofthe parties and supersedes any and all prior or contemporaneous understandings, negotiations, representations, promises and agreements, oral or written, by or between the parties with respect to the matters set forth in this Tolling Agreement. This Tolling Agreement shall not be amended, modified, or otherwise changed except by a writing duly signed by authorized representatives of each party, 4. In entering into this Tolling Agreement, each party has had the opportunity to consult with and rely upon the advice of the attorneys of its own choice. Each party represents and warrants that the terms of this Tolling Agreement have been completely read by and explained to - Page 2 of 3 r 1"111..... ~ III 2008-423 .' it by its attorneys, and that those terms are fully understood and voluntarily accepted by it. Accordingly, any rule of law, including but not limited to Section 1654 of the California Civil Code, or any other statutes, legal decisions, or common law principles of similar effect, which would require interpretation of ambiguities in this Tolling Agreement against the party that has drafted it are of no application and are expressly waived, 5, This Tolling Agreement shall be construed and interpreted in accordance with the laws of the State of California, 6, This Tolling Agreement shall become effective upon execution by all parties. This agreement may be executed in counterparts, each of which shall be deemed to be an original and all of which shall be deemed to constitute one and the same document. 7. Either party may terminate this Agreement by providing written notice to the other party at least ninety (90) days before the date of termination. The amount of time tolled prior to the date of termination pursuant to this Agreement shall not be affected by such termination, IN WITNESS WHEREOF, the parties have executed this Tolling Agreement on the dates set forth below, APeD AS TO FORM: 7"~ ~ Attorney COUNTY OF SAN BERNARDINO ATTEST: iJ1~h. ~ City -Clerk Dated: an, Board of Supervisors II>>VI.. By ~ n Bernardino ration, company, con,ractor, ele.) ~ Paul Biane, C .. SIGNED AND CE DOCUMENT H CHAIRMAN 0 Name /'J1~ ~/Iif&f'e6- (Print or type neme of parson signing contracQ rvisors rdino Title /,NnFeIM C!./ry m",.M46(;1'\ (Prin' or Typa) Dated: '1~;;'K Address: 300 N D Street San Bernardino, CA 92418 Approved as to ~'onn ~-~~ C"ounty Counsel Date I~r Reviewed by Contract Compliance Presented to BOS for Signature ~ ~ Department Head Date Date Page 3 of 3 ,.......-...