HomeMy WebLinkAboutContracts & Agreements_121-2018/ ��
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� C�L�NTY AGREEMENT FOR COLLECTION OF SPECIAL
TAXES, FEES, AND ASSESSMENTS ���� `���� � � p�� �� � �
FISCAL YEAR 2018-19 � �`{�`�-���' ' �.�i"
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THIS AGREEMENT is made and entered into this 3rd day of July, 2018, by and between the
COUNTY OF SAN BERNARDINO, hereinafter referred to as "County" and the City of
Redlands, hereinafter referred to as "City."
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 city,
school district, special district, zone or improvement district thereof; and
WHEREAS, the City and County have determined that it is in the public interest that
the County,when requested by City, collect on the County tax rolls the special taxes,fees, and
assessments for City;
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:
1. County agrees, when requested by City as hereinafter provided,to collect on the
County tax rolls the special taxes, fees, and assessments of City, and of each zone or
improvement district thereof. �
2. When County is to collect City's special taxes,fees, and assessments, City agrees
to notify in writing the Auditor-Controller (268 W. Hospitality Lane, 4T"floor, San Bernardino, CA
92415) of the County on or before the 10t" 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 City an amount per parcel for each special tax, fee, or 'I
assessment that is to be collected on the County tax rolls by the County for City, not to exceed
County's actual cost of collection. �
4. City warrants that the taxes, fees, or assessments imposed by City 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. City hereby releases and forever discharges County and its officers, agents and
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employees from any.and all claims, demands, liabilities, costs and expenses, damages, '
causes of action, and judgments, in any manner arising out of City's responsibility under this �
;
Agreement, or other action taken by City in establishing a special tax, fee, or assessment and �
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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 Agreement, and City hereby assumes any and
all responsibility for making such a determination. City agrees to indemnify, defend and hold
harmless County and its authorized officers, employees, agents and volunteers from any and
all claims, actions, losses, damages, and/or liability arising out of this Agreement or the
imposition of the taxes or assessments collected pursuant to this Agreement, and for any costs
or expenses incurred by 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, City 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 City's behalf, including property taxes, special taxes,
fees, or assessments. County may, but is not required to, notify City of its intent to implement
any offset authorized by this paragraph.
7. City agrees that its officers, agents and employees will cooperate with County
by answering inquiries made to City by any person concerning City's special tax, fee, or
assessment, and City agrees that is officers, agents and employees will not refer such
individuals making inquiries to County officers or employees for response.
I 8. City 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 City shall be void and shall immediately and automatically terminate this
Agreement
9. This Agreement shall be effective for the 2018—2019 fiscal year.
10. Either party may terminate this Agreement for any reason upon thirty days prior
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 this Agreement.
11. County's waiver of breach of any one 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.
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.
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City: City of Redlands
ATTEST: gy• �
Printed Name: Paul W. Foster
Title: Mayor
J nne Donaldson, City Clerk Date: 3 b
OSCAR VALDEZ,
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
SAN BERNARDINO COUNTY
By Authorized Deputy: ,
Printed Name: Linda Santillano
Title: Chief Deputy, Property Tax
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