City Council Agenda and Packet 1998 12 15

Home Browse Search

12(14/9~ IJ:~l rAA J0344141~~ IHH..4....U.L:..l\. "'u........\ ~... .."\.l J. U~'Ll ,. performing the same. .All persons employed in the perfor1ll&11ce of such services for the County &8 provided for herein shall be City employees, and no person employed hereunder shall ~lve any County employment. status or right. :2. The rendition ()f the services provided for herein, the standards of perfonnance, the discipl.ine: of officers and employees, and other matters incident to the performance 'of such services and the control of personnel so employed, llhall remain in the City. In the event of dispute ~tween the parties herein as to the extent of the duties and services to be rendered hereunder, or the minimum level or manner of performance of such services, the determination thereof made by the City sba.ll be fi:nal and conclusive as between the parties hereto. 3. The County shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any City personnel performing services hereunlc1er for the County, nor any liability other than' that provided for in this Ag'reement. 4. The County shall not be liable for compensation or indemnity to any City employee for injury or sickness arising out of his/her employment or duties undertaken i:n connection 101'1 th the performance with this Agreement. ~ D . ENFORCEMENT . 1. The-Ci~Y. agrees, without assuming liability therefor, that if any taxpayer subj ect to the pr'c::lvisions of the subj ect County use taxes is delinquent and enforcement proceedi:n~;rs are initiated by the City, the City will exercise such enforcement powers as are permissible under County Resolutions Nos. 93-174 and 94-162, applicable stl!l.te statutes, and the City of Louisville Sales and Use Tax Ordinance, in an effort to collect the subject County use taxes. Except for those provisions in conflict with said Resolutions and/or state statute, the enforcement procedures utilized by the City herein .shall be in accordance with the enforcement procedures set. forth in Chapter 3.:2 9. of the Municipal Code of the City of Louisville, alSl a~l\ended, and may i:nclude, but not be limited to, the conduct of administrative l:Leari1:.glil; the withholding of certificates of occupancy; the filing of a lien upon t:he subject propert.y in the County Clerk and Recorder's office i and the initiatioll of judicial proceedings. 2. All legal Iller-Idees and defense of litigation relating to enforcement of delinquent County u.se 'caxes shall be furnished by the City at no additional cost to the County. 3 . The provisionl9 of Section D. of this Agreement set forth hereinabove shall not apply to lit.iga.tion contesting the validity of the enactment of the County use taxes, or its application to any person or ent.ity. E. LIABILITY. The County shall not a~sume any liability for the intentional, . willful or wanton, .or negligent acts o~ the City or of any officer or employee thereof in the performance of this Aglteernent. Likewise, the City shall not assume any liability for intentional, wti.llful or wanton, or negligent acts of the County or of any officer or empl.oyl!ie tereOf in the performance of this Agreement. , F. TERMINATION. 1. Unless sooner' te inated as provided for herein, this Agreement shall be effective January 1, 19~' and shall terminate, as to the 0.10t tax, upon expiration of the tax on ecember 31, 2001., and as to the 0.25'0 tax, upon expiration of the tax on lC>ec mber 31., 2010, unless sooner terminated as provided herein. 4