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Resolution No. 9629i■ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9629 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR BILLING OF SPECIAL PARCEL TAXES BY AND BETWEEN THE CITY OF VERNON AND THE LOS ANGELES COUNTY AUDITOR -CONTROLLER WHEREAS, on June 18, 2003, the City Council of the City of Vernon adopted Resolution No. 8213 approving an Agreement for Billing of Special Parcel Taxes with the Los Angeles County Auditor -Controller ("Auditor -Controller") that was to continue from year to year, unless terminated by a thirty -day notice; and WHEREAS, due to an increase in the automated input per assessment per parcel fee and in order to continue services for the collection of special parcel taxes, it is necessary to execute a new agreement with the Auditor -Controller in a form prescribed in the (Auditor -Controller's Direct Assessment Submission Procedure Manual; land WHEREAS, Los Angeles County will place special parcel taxes on the Secured Tax Roll and distribute collections to the City of Vernon at the same time and in the same manner as property taxes are lcollected and distributed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement for Special Parcel Taxes with the Los Angeles 0 3 4 5 6 7 8 .1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 County Auditor -Controller, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest Ithereto. SECTION 4: The City Council of the City hereby authorizes the City Administrator, or his designee, to make whatever non - substantive, administrative and/or text changes, upon advice of counsel, to the Agreement. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send a certified copy of this Resolution and two (2) executed original Agreements to:, Susan Linschoten, Division Chief Direct Assessment Processing Unit County of Los Angeles Auditor -Controller, Property Tax Division 500 W. Temple Street, Room 484 Los Angeles, CA 90012-2706 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 2Id day of June, 2008. ATTEST: MA UELA GIRON, its lerk Name: Leonis C. Malburg Title: Mayor - 2 - 11 21 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I,,MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9629, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, June 2, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) MANUELA IR , City Clerk - 3 - EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AGREEMENT FOR BILLING OF SPECIAL PARCEL TAXES THIS AGREEMENT FOR BILLING OF SPECIAL PARCEL TAXES is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 2nd day of June, 2008, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, California 90058 AND LOS ANGELES COUNTY AUDITOR -CONTROLLER (hereinafter referred to as the "LAC Auditor -Controller") County Auditor -Controller Tax Division 500 W. Temple Street, Room 153 Los Angeles, California 90012 WHEREAS, the City requires the LAC Auditor -Controller to provide the service of placement of a special parcel tax on the Secured Tax Roll and distribution of collections to the City; and WHEREAS, the City and the LAC Auditor -Controller entered into an Agreement for Billing of Special Parcel Taxes on June 18, 2003; and WHEREAS, in accordance with the LAC Auditor -Controller's Direct Assessment Submission Procedure Manual, February 2008, certain fees have been revised necessitating a new agreement being entered into with the LAC Auditor -Controller for the services hereinafter described. 28 11 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17. 18 19 20 21 22 23 24 25 26 27 28 ISET FORTH HEREIN: I. PROPERTY TAX SERVICES. Los Angeles County will place special parcel taxes on the Secured Tax Roll and distribute collections to the City at the same time and in the same manner as Los Angeles County property taxes are collected and distributed. The City will adhere to the policies and procedures established by the LAC Auditor -Controller as outlined in the Direct Assessment Submission Procedure Manual. Fee for Billing Services. For billing of special parcel taxes, the LAC Auditor - Controller shall collect the following charges: Diskette/CD Input - $0.25 per assessment per parcel Manual Input - $1.40 per assessment per parcel For correction of special parcel taxes requested by the City after extension of the tax roll, the LAC Auditor -Controller will collect $13.00 per correction. The LAC Auditor -Controller will charge an additional fee for extended services provided to the City that are outlined in the Auditor -Controller Direct Assessment Submission Procedure Manual. II. COLLECTION OF AUDITOR -CONTROLLER FEES. Direct Assessment billing charges are collected once a year, on the January 10th advance distribution. Any additional charges are deducted on the next available distribution of monies. III. ACCOUNTING SERVICES. The LAC Auditor -Controller has available a report of special parcel taxes levied for the tax year by parcel and will be provided to the City. Accounting Services beyond this will be considered extended services and will be subject to additional charges and fees. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IV. MODIFICATION OF COLLECTION FEES AND CHARGES. The LAC Auditor -Controller reserves the right to increase or Idecrease any charges herein provided, in proportion to any changes in costs incurred by the Auditor -Controller in providing the services (described herein, provided that written notice of any increase or Idecrease in charges is given to the City. V. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW. The authority for such levy, (i.e. resolution, ordinance or (election), shall accompany requests for the levy of special parcel (taxes. The City warrants that the taxes, fees, or assessments imposed by the City and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to Articles XIIIC and XIIID of the California Constitution (Proposition 218). The City hereby releases and forever discharges Los Angeles County and its officers, agents and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of the City's responsibility under this Agreement or other action taken by the City in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this Agreement. The City agrees to and shall defend, indemnify and save harmless Los Angeles County and its officers, agents and employees ("indemnified parties") from any and all claims, demands, liabilities, costs and expenses, damages, causes of action and judgment, in any manner arising out of any of the City's responsibility under this Agreement, or other action taken by the City in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this Agreement. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If any judgment is entered against any indemnified party as a result of action taken to implement this Agreement, the City agrees that Los Angeles County may offset the amount of any judgment paid by Los Angeles County or by any indemnified party from any monies collected by Los Angeles County on the City's behalf, including property taxes, special taxes, fees, or assessments. Los Angeles County may, but is not required to, notify City of its intent to implement any offset authorized by this paragraph. VI. TERMS OF AGREEMENT. All existing agreements between LAC Auditor -Controller and City pertaining to the collection of special parcel taxes shall be terminated upon the execution of this Agreement. This Agreement shall continue from year to year and shall be subject to cancellation by either party by giving a thirty (30) day written notice to the other party of cancellation. Notices to the parties, unless otherwise requested, shall be sent to: CITY: LAC AUDITOR - CONTROLLER: THE CITY OF VERNON ATTN: CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 LOS ANGELES COUNTY AUDITOR -CONTROLLER COUNTY AUDITOR -CONTROLLER TAX DIVISION 500 W. TEMPLE STREET, ROOM 153 LOS ANGELES, CA 90012 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i!II 26 27 28 IN WITNESS WHEREOF, the City and the LAC Auditor -Controller have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: MANUELA GIRON, City Clerk APPROVED AS TO FORM: JEFF A. HARRISON, City Attorney THE CITY OF VERNON Print Name: Title: Mayor / Mayor Pro-Tem Date: ISM LOS ANGELES COUNTY AUDITOR -CONTROLLER Auditor -Controller Print Name: Date: - 5 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: June 18, 2008 TO: Sharon Duckworth, City Treasurer Martha Valenzuela, Director of Personnel/Purchasing Agent S. Kevin Wilson, Director of Community Services & Water FROM: Nelly Giron, City Clerk RE: Resolution No. 9629 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement for Billing of Special Parcel Taxes By and Between the City of Vernon and the Los Angeles County Auditor -Controller Transmitted herewith is a copy of the agreement and Resolution No. 9629 referenced above, which was approved by City Council on June 2, 2008. Thank you. NG:dr c: Resolution No. 9629 Agreement No. 08-052 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR BILLING OF SPECIAL PARCEL TAXES THIS AGREEMENT FOR BILLING OF SPECIAL PARCEL TAXES is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this 2nd day of June, 2008, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as the "City") 4305 Santa Fe Avenue Vernon, California 90058 LCRID b AND LOS ANGELES COUNTY AUDITOR -CONTROLLER JUN 10 2008 (hereinafter referred to as the "LAC Auditor -Controller") 17.) I SMIT-1 County Auditor -Controller Tax Division 500 W. Temple Street, Room 153 Los Angeles, California 90012 WHEREAS, the City requires the LAC Auditor -Controller to provide the service of placement of a special parcel tax on the Secured Tax Roll and distribution of collections to the City; and WHEREAS, the City and the LAC Auditor -Controller entered into an Agreement for Billing of Special Parcel Taxes on June 18, 2003; and WHEREAS, in accordance with the LAC Auditor -Controller's Direct Assessment Submission Procedure Manual, February 2008, certain fees have been revised necessitating a new agreement being entered into with the LAC Auditor -Controller for the services hereinafter described. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1 2 3 4 5 6 7 8 9 10 11 12 own 14 15 16 17 I9:A 19 20 21 22 23 24 25 26 27 ISET FORTH HEREIN: I. PROPERTY TAX SERVICES. Los Angeles County will place special parcel taxes on the Secured Tax Roll and distribute collections to the City at the same time and in the same manner as Los Angeles County property taxes are collected and distributed. The City will adhere to the policies and procedures established by the LAC Auditor -Controller as outlined in the Direct Assessment Submission Procedure Manual. Fee for Billina Services. For billing of special parcel taxes, the LAC Auditor - Controller shall collect the following charges: Diskette/CD Input - $0.25 per assessment per parcel Manual Input - $1.40 per assessment per parcel For correction of special parcel taxes requested by the City after extension of the tax roll, the LAC Auditor -Controller will collect $13.00 per correction. The LAC Auditor -Controller will charge an additional fee for extended services provided to the City that are outlined in the Auditor -Controller Direct Assessment Submission Procedure Manual. II. COLLECTION OF AUDITOR -CONTROLLER FEES. Direct Assessment billing charges are collected once a year,_ on the January loth advance distribution. Any additional charges are deducted on the next available distribution of monies. III. ACCOUNTING SERVICES. The LAC Auditor -Controller has available a report of special parcel taxes levied for the tax year by parcel and will be provided to the City. Accounting Services beyond this will be considered extended services and will be subject to additional charges and fees. - 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IV. MODIFICATION OF COLLECTION FEES AND CHARGES. The LAC Auditor -Controller reserves the right to increase or decrease any charges herein provided, in proportion to any changes in costs incurred by the Auditor -Controller in providing the services described herein, provided that written notice of any increase or decrease in charges is given to the City. V. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW. The authority for such levy, (i.e. resolution, ordinance or election), shall accompany requests for the levy of special parcel taxes. The City warrants that the taxes, fees, or assessments imposed by the City and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to Articles XIIIC and XIIID of the California Constitution (Proposition 218). The City hereby releases and forever discharges Los Angeles County and.its officers, agents and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of the City's responsibility under this Agreement or other action taken by the City in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this Agreement. The City agrees to and shall defend, indemnify and save harmless Los Angeles County and its officers, agents and employees ("indemnified parties") from any and all claims, demands, liabilities, costs and expenses, damages, causes of action and judgment, in any manner arising out of any of the City's responsibility under this Agreement, or other action taken by the City in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this Agreement. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 If any judgment is entered against any indemnified party as a result of action taken to implement this Agreement, the City agrees that Los Angeles County may offset the amount of any judgment paid by Los Angeles County or by any indemnified party from any monies collected by Los Angeles County on the City's behalf, including property taxes, special taxes, fees, or assessments. Los Angeles County may, but is not required to, notify City of its intent to implement any offset authorized by this paragraph. VI. TERMS OF AGREEMENT. All existing agreements between LAC Auditor -Controller and City pertaining to the collection of special parcel taxes shall be terminated upon the execution of this Agreement. This Agreement shall continue from year to year and shall be subject to cancellation by either party by giving a thirty (30) day written notice to the other party of cancellation. Notices to the parties, unless otherwise requested, shall be Isent to: CITY: THE CITY OF VERNON ATTN: CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 LAC AUDITOR - CONTROLLER: LOS ANGELES COUNTY AUDITOR -CONTROLLER COUNTY AUDITOR -CONTROLLER TAX DIVISION 500 W. TEMPLE STREET, ROOM 153 LOS ANGELES, CA 90012 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the City and the LAC Auditor -Controller have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. ATTE MANUELA GIRON, Cit� Clerk 1APPROVED AS TO FORM: A.I[/HARRISON, City Attorney THE CITY OF VERNON Print Name: Leonis C. Malburg Title: Mayor / 4�ayen Date 66-/,/)" LOS ANGELES COUNTY - 5 -