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HomeMy WebLinkAboutContract 49624 CITY SECRETARY CONTRACT NO. § Agreement for the Collection of Special Assessments COUNTY OF TARRANT § Agreement made this day o 2016, by and between the Tarrant County Tax Assessor/Collector,hereinafter referred to as"ASSE OR/COLLECTOR,"and Tarrant County,hereinafter referred to as the"COUNTY,"both of whom are addressed at W East Weatherford Street,Fort Worth,Texas 76196-0301,and the City of Fort Worth Public Improvement Districts, hereinafter referred to as "City of Fort Worth Public Improvement Districts"whose address is 908 Monne,Fort Wath,TX 76101. PURPOSE OF AGREEMENT The purpose of this Agreement is to state the terms and conditions under which the ASSESSORICOLLECTOR will provide assessment and collection services of special assessments levied by the City of Fort Worth Public Improvement Districts,in accordance with Chapter 372 of the Texas Local Government Code(the"Assessments"). NOW THEREFORE,in consideration of the mutual promises herein contained.the parties hereto agree as follows: L SERVICES TO BE PERFORMED The ASSESSOR/COLLECTOR agrees to bill and collect the assessments due and owing on property upon which the City of Fort Worth Public Improvement Districts has imposed said assessments. The ASSESSOR/COLLECTOR shall perform the said services in the same manner and fashion as Tarrant County collects its own taxes due and owing on taxable property. The services performed are as follows: receiving the Certified Appraisal Roll from the appropriate Appraisal District and monthly changes thereto;providing mortgage companies,property owners and tax representatives assessment roll and payment data;providing all necessary Assessments and Truth in Taxation calculations as required; the transmittal of assessment statements via the U.S. Mail or electronic transfer of data; and payment processing. All City of Fort Worth Public Improvement Districts disbursements, made by check or by electronic transfer(ACH), for collected tax accounts will be made to the City of Fort Worth Public Improvement Districts on the day the COUNTY Depository Bank indicates the mandatory assigned "float" period has elapsed and the funds are posted to the collected balance. If any daily collection total is less than one hundred dollars(S100.00),the disbursement may be withheld until the cumulative total of taxes collected for the City of Fort Worth Public Improvement Districts equals at least one hundred dollars(S 100.00),or at the close of the month. ll. REPORTS The ASSESSOR/COLLECTOR will provide the City of Fort Worth Public Improvement Districts the following reports, if requested: Daily: General Ledger Distribution Report Weekly: Detail Collection Report(Summary) Monthly: Assessment Roll Summary(Totals Only) Year-to-Date Summary Report Detail Collection Report(Summary) Distribution Report(Summary) Delinquent Tax Attomcy Tape Annual: Paid Assessment Roll Delinquent Assessment Roll Current Assessment Roil A selection of the above listed Reports will only be available by internet access. The ASSESSOR/COLLECTOR will provide the City of Fort Worth Public Improvement Districts the General Ledger Revenue&Expense Report monthly as required by See.31.10 of the Texas Property Tax Code. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Ill. COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR, compensation for the services rendered is a rate of ninety-five cents($0.95)per account located within Tarrant County,and two-dollars and sixty cents ($2.60) per account located outside Tarrant County. The number of accounts will be based on the July 25 billing roll certified to the ASSESSORICOLLECTOR, net of subsequent account additions and deletions made by the Appraisal District. The ASSESSORICOLLECTOR will invoice for all these accounts by January 31,2017 with payment to be received from the City of Fort Worth Public Improvement Districts by February 28,2017. The scope of services identified in this contract does not include the administration of a rollback election. In the event of a successful rollback election,these costs incurred by the Tarrant County Tax Office will be separately identified,billed, and paid by the entity. IV. AUDITS The ASSESSOR/COLLECTOR will provide to the City of Fort Worth Public Improvement Districts auditor necessary explanations of all reports and access to ASSESSORICOLLECTOR in-house tax system computer terminals to assist the City of Fort Worth Public Improvement Districts auditor in verifying audit samples of the financial data previously provided by the ASSESSOR/COLLECTOR during the past audit period. Additional support for entity verification or entity auditor verification is not a part of this contract. Each request for support will be reviewed individually. Costs for providing audit support will be determined by the ASSESSOR/COLLECTOR and will be charged to and must be paid by the City of Fort Worth Public Improvement Districts, V. TAX RATE REQUIREMENT The City of Fort Worth Public Improvement Districts will provide the ASSESSORICOLLECTOR, in writing, the City of Fort Worth Public Improvement Districts's newly adopted assessment rates and exemption schedules to be applied for assessing purposes by Friday, September 16, 2016. Under authority of Section 31.01 (h)of the Property Tax Code,any additional cost of printing and mailing tax statements because of late reporting of the assessment rates or the exemption schedules will be charged to and must be paid by the City of Fort Worth Public Improvement Districts. The assessment rates and the exemption schedules,if any,for each of the last five(5)years in which an assessment was levied, or all prior years where there remains delinquent assessments, must be furnished in writing to the ASSESSOR/COLLECTOR at the time of the initial contract. VL COMPLIANCE WITHAPPLICABLE STATUTES,ORDINANCES,AND REGULATIONS In performing the services required under this Agreement, the ASSESSORfCOLLECTOR shall comply with all applicable federal and state statutes,final Court orders and Comptroller regulations. if such compliance is impossible for reasons beyond its control, the ASSESSOR/COLLECTOR shall immediately notify the City of Fort Worth Public Improvement Districts of that fact and the reasons therefore. VIL DEPOSIT OF FUNDS All funds collected by the ASSESSOWCOLLECTOR in the performance of the services stated herein for the City of Fort Worth Public Improvement Districts shall be promptly transferred to the account of the City of Fort Worth Public improvement Districts at the District's depository bank. All payments to entities will be made electronically either by the automated clearing house(ACi )or wire transfer. Wire transferred funds will incur an additional fee,which will be charged back to the City of Fort Worth Public Improvement Districts and deducted from those collected funds. The transfer fees charged will be the same fees charged to the COUNTY by its bank depository. if the City of Fort Worth Public Improvement Districts desires its tax disbursements to be made by wire transfer the ASSESSOR/COLLECTOR has no liability for the funds after initiation of the wire transfer of the City of Fort Worth Public Improvement Districts's funds from the COUNTY Depository to the City of Fort Worth Public Improvement Districts's designated depository. 6711. INVESTMENT OF FUNDS The City of Fort Worth Public Improvement Districts hereby agrees that the COUNTY, acting through the County Auditor,may invest collected assessment funds of the City of Fort Worth Public Improvement Districts during the period between collection and payment. The COUNTY agrees that it will invest such funds in compliance with the Public Funds Investment Act. The COUNTY further agrees that it will pay to the City of Fort Worth Public Improvement Districts all interest or other earnings attributable to taxes owed to the City of Fort Worth Public Improvement Districts. All parties agree that this Agreement will not be construed to lengthen the time period during which the COUNTY or the ASSESSOR/COLLECTOR may hold such funds before payment to the City of Fort Worth Public Improvement Districts. Ix REFUNDS Refunds will be made by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will advise the City of Fort Worth Public Improvement Districts of changes in the assessment rolls which were mandated by the appropriate Appraisal District. The ASSESSOR/COLLECTOR will not make refunds on prior year paid accounts unless the prior year paid accounts for the past five(S)years are provided to the ASSESSOR/COLLECTOR. All refunds of overpayments or erroneous payments due, but not requested, and as described in Section 31.11 of the Texas Property Tax Code, will after three (3)years from the date of payment, be proportionately disbursed to those entities contracting with the ASSESSOR/COLLECTOR. The contract must have been in force, actual assessment and collection functions begun and the tax account was at the time of the over or erroneous payment within the City of Fort Worth Public Improvement Districts's jurisdiction. The proportional share is based upon the City of Fort Worth Public Improvement Districts's percent of the tax account's total levy assessed at the time of receipt of the over or erroneous payment. In the event any lawsuit regarding the collection of assessments provided for in this agreement to which the City of Fort Worth Public Improvement Districts is a party, is settled or a final judgment rendered,and which final judgment is not appealed,and the terms of such settlement agreement or final judgment require that a refund be issued by the City of Fort Worth Public improvement Districts to the taxpayer, such refund shall be made by ASSESSOR/COLLECTOR by debiting funds collected by the ASSESSOR/COLLECTOR on behalf of the City of Fort Worth Public Improvement Districts and remitting such refund to the taxpayer in conformity with the terms of the settlement agreement or final judgment. x DELINQUENT COLLECTIONS The ASSESSOR/COLLECTOR will assess and collect the collection fee pursuant to Sections,33.07, 33.08,33.11 and 33.48 of the Property Tax Code, when allowed. The ASSESSOR/COLLECTOR will collect attorney fees that are specified by the City of Fort Worth Public Improvement Districts through written agreement with a delinquent collection Attorney. The ASSESSOR/COLLECTOR will disburse the amount directly to the City of Fort Worth Public Improvement Districts for compensation to a firm under contract to the City. If the delinquent collection Attorney contracted by the City of Fort Worth Public Improvement Districts requires attendance of ASSESSOR/COLLECTOR personnel at a court other than the District Courts in downtown Fort Worth, and the COUNTY is not a party,the employee's expenses and proportionate salary will be the responsibility of the City of Fort Worth Public Improvement Districts and will be added to the collection expenses and charged to the City of Fort Worth Public Improvement Districts. The ASSESSOR/COLLECTOR will not be responsible for the collection of prior year delinquent accounts unless all delinquent accounts information is provided to the ASSESSOR/COLLECTOR. XI TERM OF AGREEMENT This Agreement shall become effective as of the date hereinabove set out,and shall continue in effect during the 2016 tax year,unless sooner terminated by providing sixty(60)day written notice,as outlined in paragraph XII. XII. NOTICES Any notices to be given hereunder by either party to the other may be effected,in writing,either by personal delivery or by mail, registered or certified,postage prepaid with return receipt requested. Mailed notices shall be addressed to the address of the parties as they appear in the introductory paragraph of this Agreement, but each party may change this address by written notice in accordance with this paragraph. XIII. MISCELLANEOUS PROVISIONS This instrument hereto contains the entire Agreement between the parties relating to the rights herein granted and obligations herein assumed, Any oral representations or modifications concerning this instrument shall be of no force or effect. This Agreement shall be construed under and in accordance with the laws of the State of Texas,and all obligations of the parties created hereunder are performable in Tarrant County,Texas. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives and successors. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal, or unenforceable in any respect, such invalidity, illegality, or enforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid,illegal,or unenforceable provisions had never been contained. This Agreement and the attachments hereto constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. Executed on the day and year first above written,Tarrant County,Texas.Ab t.MOSttu wu • BY. !C -'e-'4v."i .�L F RON WRIGHT, DATE 0 TAX ASSESSOR/COLLECTOR s TARRANT COUNTY U ' FOR T11F CITY OF FORT WORTH PUBLIC IMPROVEMENT DISTRICTS: * '.• :' . BY: DA 7r TITLE: AKg+. lr,c� 11lar�r��pr APPPDM AS TO FORM ITX: FOR TARRANT COUNTY. Assistan City Attorney BY: MQ1IQSIrI�o.�bL- % :Fia,CZ..&<R- B. GLEN WHITLEY DATE tiA tin C. V j 0-4 * 44,o t`V TARRANT COUNTYJUDGE t&14 A� Ja� Jrco �,�APPROVEDAS FOv B Y: A11NAL DISTRICT ATTORNEY'S OFFI 'DA TE •By law,the Criminal District Attornc)s Office may only approve contracts for its clients. We reviewed this document as to form from our clients legal perspectir c Other parties may not rely on this approval. Instead those parties should seek contract review from i ndent counsel. OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX .S Co � o • i r � DELINQUENT ATTORNEY CONFIRMATION 2016 TAX YEAR Please complete the form below,have notarized and return with your entity contract. The Delinquent Attorney Firm for_ City of Fort Worth Is Name of Taxing Entity Linebarger Goggan Blair&Simpson Name of Firm Collection penaltyYo by ordinance,resolution or amendment authorizing attorney collection fees in accordance to Sections 33.07 and 33.08 Texas Proper Tax Code is 20% Percent Collection penalty%by ordinance,resolution or amendment authorizing early turnover of this unit's business personal property In accordance to Section 33.11 Taxas Property Tax Code is 200 Percent The effective.date of the ordinance,resolution or amendment authorizing early turnover of this unit's business personal property in accordance to Section 33.11 Texa3km2ujX Tax Code is September 26 2025 Month Day Year If you change law firms you must notify Tarrant County Tax Office in writing. By signature below,the information contained,in this form is deemed true and correct. & ZVI(A AlWo-rizeid Signature Data FI{ICIAL RECORD A►A o'L.3. \Ios CAMP �INMIUAL- � 1 SECRETARY Prhod Name Title FT.WORTH,TX Sworn and Subscribed to before me on this the —day of to certify which witness my hand and sod of office. Notary Public in and for theState of Texas } M:AFILITKIGAMY OMMISSION EXPIRES My commission l7acpires: &L e L Sepbn6er29,2019