Loading...
HomeMy WebLinkAboutAgr 2003-04-09 (Hdl Coren and Cone) This Agreement is made and entered into as of the -1- day of ~. 2003 by and between the TOWN OF TIBURON, a municipal corporation tiereinafter called TOWN, and HdL Coren & Cone, a California Corporation hereinafter called CONTRACTOR. RECITALS WHEREAS, property tax revenues can be verified and potentially increased through a system of continuous monitoring, identification and reconciliation to county records; and WHEREAS, TOWN desires the identification and recovery of revenues misallocated within the TOWN, or to other jurisdictions; and WHEREAS, CONTRACTOR has the programs, equipment, data and personnel required to deliver the property tax services referenced herein; NOW, THEREFORE, TOWN and CONTRACTOR, for the consideration hereinafter described, mutually agree as follows: SERVICES The CONTRACTOR shall perform the following services: ANALYSIS AND IDENTIFICATION OF MISAllOCATION CODING ERRORS A. CONSULTANT shall conduct an analysis to identify and verify in the TOWN, parcels on the secured Property Tax Roll that are not properly attributed to a TOWN tax rate area (TRA) , and will provide the correct TRA designation to the proper County agency. Typical errors include parcels assigned to incorrect TRAs within the TOWN or an adjacent City, and TRAs allocated to wrong taxing agencies and parcels missing from TOWN. B. CONSULTANT shall reconcile the annual auditor-controller assessed valuations report to the assessor's lien date rolls and identify discrepancies. C. CONSULTANT shall review parcels on the unsecured Property Tax Roll to identify inconsistencies such as value variations, values being reported to a mailing address rather than the situs address, and errors involving TRAs (to the extent records are available). f ~ f - {lj -:t '13 J 1 CONSIDERATION A. CONTRACTOR shall provide the services described in Services for a fee of $2,500 invoiced at the completion of the audits. B. CONTRACTOR shall be paid 25 percent of misallocated revenue identified in the audit and actually received by the TOWN. CONTRACTOR shall separate and support said reallocation and provide TOWN with an itemized invoice showing all amounts due as a result of revenue recovery or reallocation. TOWN shall pay audit fees after CONTRACTOR'S submittal of evidence that corrections have been made by the appropriate agency. The TOWN's payment or payments shall be due 30 days after the TOWN receives the revenue identified by CONTRACTOR as misallocated. MATERIALS AND SUPPORT TOWN agrees to provide the following information: A. Current TOWN maps and zoning map; B. A copy of reports received by the TOWN annually from the Auditor-Controller's office detailing Assessed Values (Secured, Unsecured and Utilities), as well as Unitary Values for reconciliation analysis; C. Parcel listing and maps of TOWN parcel annexations since the lien date roll; INDEPENDENT CONTRACTOR CONTRACTOR shall perform the services hereunder as an independent CONTRACTOR and shall furnish such services in his own manner and method, and under no circumstances or conditions shall any agent, servant, or employee of CONTRACTOR be considered as an employee of TOWN. NON-ASSIGNMENT This Agreement is not assignable either in whole or in part by CONTRACTOR without the written consent of TOWN. OWNERSHIP OF DOCUMENTS AND NON-DISCLOSURE CLAUSE In performing its duties under this agreement, CONTRACTOR will produce reports, technical information and other compilations of data to TOWN. CONTRACTOR'S reports, technical information, compilations of data will belong to the Town. However CONTRACTOR will produce these materials using methodologies, formulae, programs, 2 techniques and other processes designed and developed by CONTRACTOR at substantial expense. CONTRACTOR'S Proprietary Information is not generally known by the entities with which CONTRACTOR competes. CONTRACTOR desires to protect its proprietary Information. Accordingly, TOWN agrees that neither it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will at any time during or after the term of this Agreement, directly or indirectly use any of CONTRACTOR'S Proprietary Information for any purpose not associated with CONTRACTOR'S activities. Further, except as may be required by law, TOWN agrees that it nor any of its employees, agents, independent contractors or other persons or organizations over which it has control, will disseminate or disclose any of CONTRACTOR'S Proprietary Information to any person or organization not connected with CONTRACTOR, without the express written consent of CONTRACTOR. GOVERNING LAW The laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall also govern the interpretation of this agreement. TERMINATION This Agreement may be terminated by either party giving 30 days written notice to the other of such termination and specifying the effective date thereof. Upon the presentation of such notice, CONTRACTOR may continue to work through the date of termination. Upon termination as provided herein, CONTRACTOR shall be paid the value of all tax analysis and reporting work performed less payments previously made by TOWN. In ascertaining the value of the work performed up to the date of termination, consideration shall be given to amounts due for any unpaid invoices, and to parcels identified by CONTRACTOR which may result in increased or reallocated revenues after the termination of this Agreement. After TOWN receives said tax payments, CONTRACTOR shall be paid for the percentage work as previo.usly authorized and satisfactorily performed at the times provided in the preceding section entitled "Consideration". INDEMNIFICATION CONTRACTOR hereby agrees to, and shall hold TOWN, its elective and appointive boards, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for breach of confidentiality or property damage which may arise from CONTRACTOR'S willful or negligent acts, errors or omissions or those of its employees or agents. CONTRACTOR agrees to and shall defend TOWN and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, 3 or alleged to have been caused, by reason of any of the aforesaid willful or negligent acts, errors or omissions. TOWN hereby agrees to, and shall hold CONTRACTOR, its officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death as well as from claims for breach of confidentiality or property damage which may arise from TOWN'S negligent acts, errors or omissions under this Agreement. TOWN agrees to and shall defend CONTRACTOR and its officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid negligent acts, errors or omissions. NOTICE All notices required by this Agreement shall be given to TOWN and CONTRACTOR in writing, by personal delivery or first class mail postage prepaid, addressed as follows: TOWN Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 CONTRACTOR: HdL COREN & CONE 1340 Valley Vista Drive, Suite 200 Diamond Bar, California 91765 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf. CONTRACTOR: HdL COREN & CONE A California Corporation By: Paula Cone '~l~ AP~r TOWN rney -- 4