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HomeMy WebLinkAboutContract 58309 CSC--No:-5838-9 § Agreement for the Collection of Taxes COUNTYOFTARRANT § Agreement made this 9th day of August 2022, 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 St,Fort Worth,TX 76102. 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: 1. SERVICES TO BE PERFORMED The ASSESSORICOLLECTOR 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. 1I REPORTS The ASSESSOR/COLLECTOR will provide the City of Fort Worth the following reports via internet access: Daily: Entity Distribution Report Monthly: Assessment Roll Summary(Totals Only) Year-to-Date Summary Report Detail Collection Summary Report Distribution Summary Report Detail Collection Summary by Year Entity Revenue and Expense Reports—as required by Property Tax Code Sec 3 1.10 Delinquent Tax Attorney Tape,which includes Assessments Annual: Certified Tax Roll Paid Assessment Roll Delinquent Assessment Roll Current Assessment Roll The following weekly reports are available upon request only and provided via email: Weekly: Detail Collection Summary Report Detail Collection Summary by Year Ill. COMPENSATION In consideration of the services to be performed by the ASSESSOR/COLLECTOR,compensation for the services rendered OFFICIAL RECORD Page 1 of 4 CITY SECRETARY FT. WORTH, TX is a rate of ninety-eight cents($0.98)per account located within Tarrant County, and two-dollars ($2.00)per account located outside Tarrant County. The number of accounts billed will be based on the ending number of accounts on the certified roll as of September 301 for the previous year as provided by the Appraisal District The ASSESSOR/COLLECTOR will invoice for these accounts by January 31 of each contract year with payment to be received from the City by February 28 of each contract year. 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 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 the third Monday in September of each year of the contract Under authority of Section 31.0I(h)ofthe 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 VI, COMPLIANCE WITH APPLICABLE STATUTES,ORDINANCES,AND REGULATIONS In performing the services required under this Agreement,the ASSESSORICOLLECTOR 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. VIL 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. VIH. 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 Page 2 of 4 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 accounts 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 ASSESSORICOLLECTOR 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 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. Xf TERM OFAGREEMENT This Agreement shall become effective as of the date hereinabove set out,and shall continue in effect through the 2024 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. Page 3 of 4 ,all. 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. Ba WEND YBURG S DATE TAX ASSESSO LLECTOR TARRANT COUNTY WGBurgess@tatrantcounty.com FOR:Ci of Fort Worth BY: 07/28/2022 DATE TITLE. Human Resources Director EMAIL: Dianna.Giordano fortworthtexas.gov FOR TARRANT COUNTY: BY. z0z2_ B. GLEN W ITLEY DATE TARRANT COUNTY JUDGE APPROVED AS TO FORM: I BY �N 4 CRIMINAL ISTRICTA77'ORNEYSOFFICE* DATE *Bylaw,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 The attached agreement among the City of Fort Worth, the Tarrant County Tax Assessor- Collector, and Tarrant County was executed on the City's behalf on or about July 28, 2022 by Dianna Giordano as Acting Interim Assistant City Manager, serving for an absent Reginald Zeno. Certain information and signatures that the City requires for its internal, administrative purposes was not included and is required for recording of the contract with the Fort Worth City Secretary's Office. This page is being appended to the agreement to comply with those City administrative purposes so that the contract can be filed. IF 0000. � ATTEST: ��0 000 06 _moo °�'.,� By: 4Affiette S.Goodall(Oct 25,2022 15: CDT) v 0 0= Name: Jannette Goodall V° a �d Title: City Secretary �� °° °° a� aZ[nEXS APPROVED AS TO FORM AND LEGALITY: By: Name: Taylor Paris Title: Assistant City Attorney M&C 22-0562, Approved August 9, 2022 Form 1295 Certification No.: NOT APPLICABLE CONTRACT COMPLIANCE MANAGER By signing,I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. By: SL Name: John Samford Title: Assistant Finance Director& City Treasurer OFFICIAL RECORD CITY SECRETARY Addendum to Agreement for the Collection of Taxes FT. WORTH, TX