County of San Bernardino-2018-44 AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
eN BERNARDINo AGREEMENT FOR COLLECTION OF SPECIAL
OUNTY
TAXES, FEES, AND ASSESSMENTS
FISCAL YEAR 2018-19
THIS AGREEMENT is made and entered into this l Oth day of JULY , 2018,.by and
between the COUNTY OF SAN BERNARDINO, hereinafter referred to as "County" and the
CITY OF GRAND TERRACE, 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 (268 W. Hospitality Lane, 4T" floor, San
Bernardino, CA 92415) of the County on or before the loth 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 action, and judgments, in any manner arising out of District's responsibility under
1 of 3
AGCY
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 2019 fiscal year.
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 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.
District: �� T`( bG 2AN� I EJC
By: (41
Printed Name:
Title:
Date: -poi F—
OSCAR VALDEZ,
AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR
SAN BERNARDINO COUNTY
By Authorized Deputy:
Printed Name: Linda Santillano
Title: _Chief Deputy, Property Tax
Date:
3of3
AGCY