HomeMy WebLinkAboutContract 51602 CITY SECRETARY 51 (22"CONTRACT N0._
§ Agreement For the Collection of Taxes
COUNTY OF TARRANT §
Agreement made this day of U &� 2018, by and between the Tarrant County Tax
Assessor/Collector,hereinafter referred to as ASSESSOR/COLLECTOR,and Tarrant County,hereinafter referred to as
the COUNTY,both of whom are addressed at 100 E.Weatherford Street,Fort Worth,Texas 76196-0301,and the City of
Fort Worth hereinafter referred to as City,whose address is 200 Texas Street,Fort Worth,TX 76102-6314.
PURPOSE OFAGREEMENT
The purpose of this Agreement is to state the terms and conditions under which the ASSESSOR/COLLECTOR will
provide assessment and collection services of Ad Valorem taxes levied by the City.
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 taxes due and owing on taxable property upon which the
City has imposed said taxes. 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, tax roll and payment data; providing all necessary
assessments of taxes and Truth in Taxation calculations as required;the transmittal of tax statements via the U.S.Mail or
electronic transfer of data; and payment processing. All City disbursements, made by check or by electronic transfer
(ACH), for collected tax accounts will be made to the City 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 ($100.00), the disbursement may be withheld until the cumulative total of taxes
collected for the City equals at least one hundred dollars($100.00),or at the close of the month.
II.
REPORTS
The ASSESSOR/COLLECTOR will provide the City of Fort Worth the following reports via internet access:
Daily: Entity Distribution Report
Monthly: Tax Roll Summary
Year-to-Date Summary Report Part A,B and C
QFC C�1 AFD Detail Collection Summary Report
C17yap 3 2018 Distribution Summary
Cygkq� Detail Collection
Summy Year
ary
Entity Revenue and R ports—as required by Property Tax Code Sec 3 1.10
Annual: Certified Tax Roll
The following weekly reports are available upon request only and provided via email:
Weekly: Detail Collection Summary Report
Detail Collection Summary By Year
III.
COMPENSATION
In consideration of the services to be performed by the ASSESSOR/COLLECTOR,compensation for the services rendered
is a rate of ninety-eight cents($0.98)per account located within Tarrant County,and two-dollars and sixty cents($2.60)
per account located outside Tarrant County. The number of accounts billed will be based on the July 25 billing roll certified
to the ASSESSOR/COLLECTOR,net of subsequent account additions and deletions made by the Appraisal District. The
ASSESSOR/COLLECTOR will invoice for these accounts by January 31,2019 with payment to be received from the
OFFICIAL RE'`` '
CITY SECRE
FT. WORD
City by February 28,2019.
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
A UDITS
The ASSESSOR/COLLECTOR will provide to the City auditor necessary explanations of all reports and access to
ASSESSOR/COLLECTOR in-house tax system computer terminals to assist the City 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.
V.
TAX RATE REQUIREMENT
The City will provide the ASSESSOR/COLLECTOR copies of the resolution, ordinance, or order signed by the
governing body adopting the City's current tax rate and exemption schedule to be applied for assessing purposes
along with a copy of the rate calculation worksheets,if applicable,by Friday,September 14,2018. 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 tax rate or the exemption schedule will be charged to and must be paid by the City. Any additional cost
or expense requiring recalculation or rebilling due to an inaccurate or erroneous tax rate provided by City of Fort Worth
will be paid by City of Fort Worth.
The tax rate and the exemption schedule for each of the last five(5)years in which an ad valorem tax was levied,or all
prior years where there remains delinquent tax,must be furnished in writing to the ASSESSOR/COLLECTOR at the time
of the initial contract.
VL
COMPLIANCE WITH APPLICABLE
STATUTES, ORDINANCES,AND REGULATIONS
In performing the services required under this Agreement,the ASSESSOR/COLLECTOR 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 that fact and the reasons therefore.
VII.
DEPOSIT OF FUNDS
All funds collected by the ASSESSOR/COLLECTOR in the performance of the services stated herein for the City shall
be promptly transferred to the account of the City at the City's depository bank. All payments to entities will be made
electronically by the automated clearing house(ACH). The ASSESSOR/COLLECTOR has no liability for the funds after
initiation of the ACH transfer of the City's funds from the COUNTY Depository to the City's designated depository.
ASSESSOR/COLLECTOR has the authority to temporarily suspend payments to City of Fort Worth due to unforeseen or
unanticipated circumstances.
VIII.
INVESTMENT OF FUNDS
The City hereby agrees that the COUNTY, acting through the COUNTY Auditor,may invest collected ad valorem tax
funds of the City 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 all interest
or other earnings attributable to taxes owed to the City. 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.
IX.
REFUNDS
Refunds will be made by the ASSESSOR/COLLECTOR except as set forth herein. The ASSESSOR/COLLECTOR will
advise the City of changes in the tax roll 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(5)years are provided to the ASSESSOR/COLLECTOR.
If the amount of refunds processed for City of Fort Worth exceeds collections for City of Fort Worth,City of Fort Worth
will be placed in a negative status and no distributions made to City of Fort Worth until collections exceed the negative
balance.
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 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's jurisdiction. The
proportional share is based upon the City'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 taxes provided for in this agreement to which the City 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 to the taxpayer, such refund shall be made by
ASSESSOR/COLLECTOR by debiting funds collected by ASSESSOR/COLLECTOR on behalf of the City 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 through written agreement with a delinquent collection Attorney. The ASSESSOR/COLLECTOR
will disburse the amount directly to the City for compensation to a Firm under contract to the City.
If the delinquent collection Attorney contracted by the City 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 and will be added to the collection expenses and charged to
the City.
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.
TERM OF AGREEMENT
This Agreement shall become effective as of the date hereinabove set out,and shall continue in effect during the 2018
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 by e-mail,or 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 notice in accordance with this paragraph.
XUL
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 da and year first above written,Tarrant County,Texas.
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BY. /0//, /'e—,
RON WRIGHT, DATE
TAX ASSESSORICOLLECTOR
TARRANT COUNTY
FOR City of Fort Worth APPRQVEE) �
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FOR TARRANT COUNTY.'
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B. GLEN WHITLEY DATE 4 a
TARRANT COUNTYJUDGEMary J. a S8 S y
APPROVED O // {
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CP,FMJ1N,AiLDI RICTATTORNEY'S OFFICE* DA fE
*By law,the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our client's
legal perspective. Other parties may not rely on this approval.Instead those parties should seek contract review from independent counsel.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX