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HomeMy WebLinkAboutContracts & Agreements_130-2019SAN BERNARDINO COUNTY AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS HIS JUL -3 f f” 8. 22 FISCAL YEAR 2019-20 JP ERTY TA X THIS AGREEMENT is made and entered into this 2nd day of July, 2019, 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, 4111 floor, 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 City 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 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 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 1 of 3 AGCY 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 City hereby assumes any and all responsibility for making such a determination The undersigned City 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, 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 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 2019-20 fiscal year 10 Either party may terminate this agreement for any reason upon 30 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 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 2 of 3 AGCY IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written City of Redlands By C') �� �►C Printed Name Paul W Foster Title Mayor Date 7/2/ 1 ENSEN MASON CPA, CFA, AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR SAN BERNARDINO COUNTY By Authorized Deputy Printed Name Linda Santillano Title Chief Deputy, Property Tax Date 9 - -1.61 AGCY 3 of 3 RESOLUTION NO 7982 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS LEVYING SPECIAL TAXES WITHIN CITY OF REDLANDS COMMUNITY FACILITIES DISTRICT NO 2001-1 (NORTHWEST DEVELOPMENT PROJECT) WHEREAS, the City Council (the "City Council") of the City of Redlands (the "City") has formed City of Redlands Community Facilities District No 2001-1 (Northwest Development Project) (the "Community Facilities District"), under and pursuant to the Mello -Roos Community Facilities Act of 1982 (the "Act"), and WHEREAS, the City Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy special taxes (the "Special Taxes") to pay for the costs of certain facilities and to authorize the issuance of bonds secured by the Special Taxes under the Act, and WHEREAS, the City Council, pursuant to Ordinance No 2471, adopted by the City Council ofthe City on June 5, 2001, authorized and levied the Special Taxes within the Community Facilities District, and WHEREAS, Section 53340 ofthe Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by ordinance, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor on or before the 10th day of August of that tax year; and WHEREAS, on June 19, 2001, the City Council adopted a resolution entitled "A Resolution of the City Council ofthe City of Redlands Authorizing the Issuance of not to Exceed $10,000,000 Aggregate Principal Amount of City of Redlands Community Facilities District No 2001-1 (Northwest Development Project) Special Tax Bonds, Series 2001, Approving the Execution and Delivery of an Indenture, a Bond Purchase Agreement and a Continuing Disclosure Certificate and the Preparation of an Official Statement and Other Matters Related Thereto" (the "Original Bond Resolution"), authorizing the issuance of City of Redlands Community Facilities District No 2001-1 (Northwest Development Project) Special Tax Bonds, Series 2001 (the "Bonds"), in an aggregate principal amount of not to exceed $10,000,000, and WHEREAS, on July 17, 2001, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Redlands Modifying Resolution No 5911 of the City Council of the City of Redlands," ratifying and affirming the City Council's authorization under the Original Bond Resolution for the issuance of the Bonds, subject to certain modifications to the terms thereof; and WHEREAS, the City Council desires to levy the Special Taxes within the Corm -minty Facilities District for Fiscal Year 2019-2020, 1 I.\Resolutions\Res 7900-7999\7982 CFD 2001 l,FY 2019-20,doex N OMB, .1_ follows ORE 1T RCSCJI..YED by the. Council of the City of Redlands as Section 1 All of the. above re,cil:als arc true and correct Section 2 PR. City Council hereby lc_\.1e thL Special Taxes for the l t c,a1 " eal `>01 9- 2020 of the maximum 1- ites and yvith respect to the parcels as set fortl, in l 1ail It A hereto provided, however that the City Manager or the Finance Director of the City is hei eby authorized. prior so the. subrru son to tilt San Bernardino County A.uditor'Controller and upon consultation with t11e, City s special tax consultant David 1 msslg & Associates, Inc (a) to make any necessary modifications to such Special Taxes to correct any errors. omissions or inconsistencies 111 t1ie listing of Latego 'i at,oa ofparcels to bt-, taxed (provided that c1111 such modItications shall not result. lit an increase m the Special l a.x applicable to any category of par .els) o1' (b) to low ,r such Special Tax. rates 'to the extent such cf iL.ei deems necessary upon receipt of the Iinal pricing information. and debt son/ice requtl'e petits with respect to the.. BoI1i1 , The, City Clerk of the City 16 heteby authorized and directed to file the San Bernardino County \uditor Controller no hit el than August 10 2019 a certified list of all parcels subject to .he Speeial Tax levy including thL, amount of the Special Tax to be levied on each parcel for Fiscal Year 2019 2(P0 Section 3. The officers and agents ot the City are and each oftheiil hereby is. authorized and directed to execute and &Il\ er any and all documents and instruments and to do and cause to be done any and all acts and things .necessary or proper for carrying out the levy of the Special Taxes for Fiscal Z car 2019-2020 as provided in this Resolution. Section 4 All actions l leery of the Special Taxe 1 arti Lied ore taken by the officers and agents of the City with respect cal ear 2019-20")O are hereby approved. confirmed and l`11i.s Resolrl+ic 11 ;hall take effect inun,;diate upon its adoption. APPROVF':l) and Al:)C)P 1 ED by the C Its, Coui ell ofthc City ofRedlallds on Silly 2, 2019 1 Vo Foster Mayor Ai TES 1• t�iac Donaldson. (tt Cj.erk 1 )1Ko oltitiuu,Res 900-19,49791,2 t TO 2001 1 1=l' 2019-M.elocx (1T CL ERK S CERTIFICATE Jeamic Dc naAison. City Clerk ‘if the City of Redlands, hereby certify that the foregoing is a kill true and correct copy Of :1 resolution duly adopted at a rep', meeting ofthe C itv Couno1 duly and regularly held on July 2 2019 of which meeting all of the members of said City (ToLUL11 had due notice and at wind" a majority thereof were present. and that at said, meeting said resolution was adopted by he tollovving vote ANTS Counei members finncli. 1 eda. Momborger DaisMayor Foster NOES None ABSENT None ABSTAIN None I further eerily that 1 have uirefully compared the same with the original minutes of said meeting on file and &record ri my office that the foregoing resolution is a full. true and correct copy of the original resolution adopted at said meeting and entered in said minutes and that said resolution has not been Mended. modified or rescinded. smue the date (t its 'Adoption, and tht-, same is noN, m full force and effect 1)ated July 2 2.019 Donaldson, ( ity Clerk 1 :Resolution, '')00-/Q9('19,S_ 1) 200 1 1 py2C 1 ').20.do Exhibit A City of Redlands CFID No 2001-1 FY 2019-2020 Special Tax Roll Assessor's Parcel Number FY 2019-2020 Special Tax 0167-551-08 $111,747.98 0167-551-09 $97 257.76 0167-571-05 $182,666 49 0167-641-05 $48,307.82 0167-641-06 $46,554 09 0167-641-07 $73,935.28 0167-671-03 $49,370,96 0167-681-07 $69,058.76 0167-681-09 $78,720.93 Total FY 2019-2020 Special Tax Levy $757,620.07 Total Number of Parcels Taxed 9 Page 1 of 1