HomeMy WebLinkAboutContracts & Agreements_101-2001AGREEMENT FOR COLLECTION OF SPECIAL
TAXES, FEES, AND ASSESSMENTS
THIS AGREEMENT is made and entered into this 1 1 � ` day of .v. u L- 'I , 20 i , by
and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as "County" and the
f.r, Cr 12-DL-AiiDS
t , hereinafter referred to as "District".
WITNES SETH:
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 deteiiiiined 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 10`h 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
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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 teiiiiinate this agreement
9. This agreement shall be effective for the 20-4-cL: fiscal year and shall be automatically
renewed for each fiscal year thereafter unless teiniinated 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 any one teiiii, covenant, or other provision of this
agreement, is not a waiver of breach of any other teiiii, nor subsequent breach of the teini or provision
waived.
Redlands,
12. Each person signing this
authorized to do so.
IN WITNESS WHEREOF, the
year first above written.
ATTEST:
or. ie Poyze ty Clerk
rnia
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agreement represents and warrants that he or she has been fully
parties hereto have executed this agreement as of the day and
District: CITY OF REDLANDS , CALIF.
By:
Printed or typed Name:
Title: Mayor
Date: July 17, 2001
Pat Gilbreath.
SAN BERNARDINO COUNTY
AUDITOR/CONTROLLER-RECORDER
By:
f
Printed or typed Name:
Title: -1
Date: 7-