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HomeMy WebLinkAboutContract - 07/10/1996 - 777 Cathedral jty AGREEMENT This Agreement is made and entered into as of the 10th day of July, 1996, by and between the CITY OF CATHEDRAL CITY, CALIFORNIA, a municipal corporation hereinafter called CITY, and HdL Coren & Cone, a California Corporation hereinafter called CONTRACTOR. SERVICES The CONTRACTOR shall perform the following services: PO ENT XALIPIT 1. Pursuant to the City's authorization, on a monthly basis, Contractor will review Documentary Transfer Tax remittance detail and compare all qualifying transfers of ownership by deed to those for which the City has received payment. To the extent that remittance detail is available misallocations may be recovered for each of the past three years. 2. Those transfers which are coded to the City and which have not resulted in taxes being remitted to the City will be identified monthly and submit to the City for review and final transmittal to the appropriate County agency for correction action. When the taxes are remitted to the City as a result of this audit review, they will be identified on the County remittance detail. A copy of the city's remittance detail will be forwarded to HdL Coren& Cone so that invoicing related to the corrections can be submitted to the City for payment. CONSIDERATION Contractor shall be paid a fee of 25 percent of the amount of revenue r• overed for Documentary Transfer Tax Revenues, The City will pay only for those corrections identified, approved and corrected on the City's behalf by Hdl, Coren & Cone, This fee will be paid from funds received, when received. TE ' 'NATION This Agreement may be terminated by either party giving 30 days written notice to the other of such termination arid 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 CITY. 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 parcel identified by CONTRACTOR which may result in increased or reallocated revenues after the termination of the Agreement. After CITY receives said tax payments. CONTRACTOR shall be paid for the percentage work as previously authorized and satisfactorily performed at the times provided in the preceding section entitled "Consideration". INDEMNWICATIL0N Contractor hereby agrees to, and shall hold CITY, 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 form CONTRACTOR'S willful or negligent acts, errors or omissions or those of its employees or agents. CONTRACTOR agrees to and shall defend CITY and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid willful or negligent acts, errors or omissions. CITY hereby agrees to, and shall hold CONTRACTOR, its officers,. :gents 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 CITY'S negligent acts, errors or omissions under this Agreement. CITY agrees to and shall defend CONTRACTOR and its officers,agents and employ- s 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. Cathedral Ity Page two NOTICE All notices required by this Agreement shall be given to CITY and CONTRACTOR in writing, by personal delivery or first class mail postage prepaid, addressed as follows: CITY CITY OF CATHEDRAL CITY Attn: Finance Director PO Box 5001 Cathedral City, CA 92235 (619)770-0354 CONTRACTOR HdL COREN& CONE Lynell Soladay, DTT Program Administrator 1340 Valley Vista Drive, Suite 200 Diamond Bar, California 91765 (909)861-4335 IN SS 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. CITY OF CA/THEDRAL CITY .,4122' .' LI Mana,er Mayor , City Clerk Approved a>sZform; Approved as to content: City Attorne ' Finance Director CONTRACTOR: HdL COREN& CONE Cathedral Hay A California Corporation Page three