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Resolution No. 2012-126RESOLUTION NO. 2012-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR BILLING OF DIRECT ASSESSMENTS BY AND BETWEEN THE CITY OF VERNON AND THE LOS ANGELES COUNTY AUDITOR -CONTROLLER WHEREAS, on August 2, 2011, the City Council of the City of Vernon adopted Resolution No. 2011-136 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, 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 provided by the Auditor -Controller; and 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 collected 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 and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement for Billing of Direct Assessments with the Los Angeles County Auditor -Controller, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send one fully executed Agreement to: County of Los Angeles Auditor -Controller, Tax Division Attention: Aquilla Ivery-Simmons 500 W. Temple Street, Room 153 Los Angeles, CA 90012 SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 17th day of July, 2012. �V � A Name: William J. Davis Title: Na. / Mayor Pro-Tem - 2 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that.the foregoing Resolution, being Resolution No. 2012-126, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, July 17, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this C,� day of July, 2012, at Vernon, California. (SEAL) - 3 - EXHIBIT A 276.40 r o l f � 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 AGREEMENT FOR BILLING OF DIRECT ASSESSMENTS This agreement is made and entered into between the Los Angeles County Auditor-Connroller and City of Vernon to provide the service of placement of direct assessments on the Secured Tax Roll and distribution of collections to City of Vernon. I. PROPERTY TAX SERVICES Los Angeles County will place direct assessments on the Secured Tax Roll and distribute collections to City of Vernon at the same time and in the same manner as Los Angeles County property taxes are collected and distributed. City of Vernon will adhere to the policies and procedures established by the Los Angeles County Auditor -Controller as outlined in the Direct Assessment Submission Procedure Manual. Fee for Billing Services For billing of direct assessments, the Los Angeles County 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 direct assessments requested by City of Vernon after extension of the tax roll, the Los Angeles County Auditor -Controller will collect $13.00 per correction. The Los Angeles County Auditor -Controller will charge an additional fee for extended services provided to City of Vernon 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 December 200' advance distribution. Any additional charges are deducted on the next available distribution of monies. III. ACCOUNTING SERVICES The Los Angeles County Auditor -Controller has available a report of direct assessments levied for the tax year by parcel and will be provided to City of Vernon. Accounting Services beyond this will be considered extended services and will be subject to additional charges and fees. Zxcfusive 5. Industiiaf July 11, 2012 Page 2 IV. MODIFICATION OF COLLECTION FEES AND CHARGES The Los Angeles County 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 City of Vernon. 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 direct assessments. City of Vernon warrants that the taxes, fees, or assessments imposed by City of Vernon 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). City of Vernon 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 Ctty of Vernon responsibility under this agreement or other action taken City of Vernon in establishing a. special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement. City of Vernon agrees to and shall defend, indemnify and hold 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 City of Vernon responsibility under this agreement, or other action taken by City of Vernon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement. VI. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW If any judgment.is entered against any indemnified party as a result of action taken to implement this Agreement, City of Vernon 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 City of Vernon behalf, including property taxes, special taxes, fees, or assessments. Los Angeles County may, but is not required to, notify Ciop of Vernon of its intent to implement any offset authorized by this paragraph. VI1. TERMS OF AGREEMENT All existing agreements between Los Angeles County Auditor -Controller and City of Vernon pertaining to the collection of direct assessments shall be terminated upon the execution of this agreement. This agreement shall continue fiomyear to year and shall be subject to cancellation by either party by giving a thirty -day written notice to the other party of cancellation. By: Auditor -Controller's Office Print Name Date: ATTEST: LOS ANGELES COUNTY AUDTTOR•CONTROLLER By: Taxing Agency William J. Davis / Mayor Pro Temp Print Name & Title Date: APPROVED AS TO FORM: W111ardamaguc er ar amaguc a epu orney City of Vernon, 5305 Santa e Avenue, Vernon, California 90058 —Telephone (32 ) 583- 811 OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 July 18, 2012 Aquilla Ivery-Simmons County of Los Angeles Auditor -Controller, Tax Division 500 W. Temple Street; Room 153 Los Angeles, CA 90012 Re: Agreement for Billing of Direct Assessments Dear Ms. Ivery-Simmons: Transmitted herewith are two original partially executed agreements, as referenced above, for execution by the proper party. Please return one fully executed original agreement to the attention of the undersigned. If you have any questions regarding this matter, please call Alex Kung, at (323) 583-8811 ext. 355. Very,Vyly yours, WI OA�RDG. AMA I City Clerk WGY:dj Enclosures c: Rory Burnett Alex Kung Mark Whitworth Resolution No. 2012-126 Agreement File No. 12-072 Excfusivefy Industiiaf 276.40 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 AGREEMENT FOR BILLING OF DIRECT ASSESSMENTS This agreement is made and entered into between the Los Angeles County Auditor -Controller and City of Vernon to provide the service of placement of direct assessments on the Secured Tax Roll and distribution of collections to City of Vernon. L PROPERTY TAX SERVICES Los Angeles County will place direct assessments on the Secured Tax Roll and distribute collections to City of Vernon at the same time and in the same manner as Los Angeles County property taxes are collected and distributed. City of Vernon will adhere to the policies and procedures established by the Los Angeles County Auditor -Controller as outlined in the Direct Assessment Submission Procedure Manual. Fee for Billing Services For billing of direct assessments, the Los Angeles County 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 direct assessments requested by City of Vernon after extension of the tax roll, the Los Angeles County Auditor -Controller will collect $13.00 per correction. The Los Angeles County Auditor -Controller will charge an additional fee for extended services provided to City of Vernon that are outlined in the Auditor -Controller Direct Assessment Submission Procedure Manual. H. COLLECTION OF AUDITOR -CONTROLLER FEES Direct Assessment billing charges are collected once a year, on the December 20'h advance distribution. Any additional charges are deducted on the next available distribution of monies. III. ACCOUNTING SERVICES The Los Angeles County Auditor -Controller has available a report of direct assessments levied for the tax year by parcel and will be provided to City of Vernon. Accounting Services beyond this will be considered extended services and will be subject to additional charges and fees. E-,r,c [us ive 15 Indust riaf July 11, 2012 Page 2 IV. MODIFICATION OF COLLECTION FEES AND CHARGES The Los Angeles County 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 City of Vernon. 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 direct assessments. City of Vernon warrants that the taxes, fees, or assessments imposed by City of Vernon and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to Articles XlRC and XIOD of the California Constitution (Proposition 218). City of Vernon 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 City of Vernon responsibility under this agreement or other action taken City of Vernon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this. agreement. City of Vernon agrees to and shall defend, indemnify and hold 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 City of Vernon responsibility under this agreement, or other action taken by City of Vernon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement. VI. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW If any judgment is entered against any indemnified party as a result of action taken to implement this Agreement, City of Vernon 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 City of Vernon behalf, including property taxes, special taxes, fees, or assessments. Los Angeles County may, but is not required to, notify City of Vernon of its intent to implement any offset authorized by this paragraph. VII. TERMS OF AGREEMENT All existing agreements between Los Angeles County Auditor -Controller and City of Vernon pertaining to the collection of direct assessments 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 -day written notice to the other party of cancellation. By: By: Auditor -Controller's Office LOS ANGELES COUNTY UDITOR-CONTROLLER i_ Taxing Agenc William J. Davis /William J. Davis / Mauer Pro Tem�Pro Temp 276.40 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 AGREEMENT FOR BILLING OF DIRECT ASSESSMENTS This agreement is made and entered into between the Los Angeles County Auditor -Controller and City of Vernon to provide the service of placement of direct assessments on the Secured Tax Roll and distribution of collections to C* of Vernon. L PROPERTY TAX SERVICES Los Angeles County will place direct assessments on the Secured Tax Roll and distribute collections to City of Vernon at the same time and in the same manner as Los Angeles County property taxes are collected and' distributed. City of Vernon will adhere to the policies and procedures established by the Los Angeles County Auditor -Controller as outlined in the Direct Assessment Submission Procedure Manual. Fee for Billing Services For billing of direct assessments, the Los Angeles County 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 direct assessments requested by City of Vernon after extension of the tax roll, the Los Angeles County Auditor -Controller will collect $13.00 per correction. The Los Angeles County Auditor -Controller will charge an additional fee for extended services provided to City of Vernon 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 December 20th advance distribution. Any additional charges are deducted on the next available distribution of monies. M. ACCOUNTING SERVICES The Los Angeles County Auditor -Controller bas available a report of direct assessments levied for the tax year by parcel and will be provided to City of Vernon. Accounting Services beyond this will be considered extended services and will be subject to additional charges and fees. Excfusivefy. Industfiaf July 11, 2012 Page 2 IV. MODIFICATION OF COLLECTION FEES AND'CHARGES The Los Angeles County 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 service's described herein, provided that written notice of any increase or decrease in charges is given to City of Vernon. 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 direct assessments. City of Vernon warrants that the taxes, fees, or assessments imposed by City of Vernon and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to Articles XMC and XIDD of the California Constitution (Proposition 218). City of Vernon 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 City of Vernon responsibility under this agreement or other action taken City of Vernon in establishing a special tax, fee, or assessment and -implementing collection of special taxes, fees, or assessments as contemplatedin this. agreement. City of Vernon agrees to and shall defend, indemnify and hold 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 City of. Vernon responsibility under this agreement, or other action taken by City of Vernon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement. VL AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW if any judgment is entered against any indemnified party as a result of action taken to implement this Agreement, City of Vernon 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 City of Vernon behalf, including property taxes, special taxes, fees, or assessments. Los Angeles County may, but is not required to, notify City of Vernon of its intent to implement any offset authorized by this paragraph. VIE. TERMS OF AGREEMENT All existing agreements between Los Angeles County Auditoo-Controller and City of Vernon pertaining to the collection of direct assessments 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 -day written notice to the other party of cancellation. LOS ANGELES COUNTY UDITOR-CONTROLLER Taxing Agenof William J. Davis / Mayor Pro Temp ,EcEIVED JUL 12 2012 CpGLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION DATE: July 11, 2012 TO: Honorable City Council FROM: Mark C. Whitworth, City Administrator RE: BILLING AGREEMENT FOR 2012-2013 MAXIMUM SPECIAL PARCEL TAX Background: On June 19, 2012, the City Council of the City of Vernon enacted Resolution No. 2012-96 which determined the Special Parcel Tax for Fiscal Year 2012-2013. As in previous years the Los Angeles County Auditor -Controller provides the service of assessing and distributing the City's Special Parcel Tax. To continue this service the City is required to authorize the attached Agreement for Billing of Direct Assessments. Recommended Action: It is recommended the City Council authorize the execution of the Agreement for Billing of Direct Assessments with the Los Angeles County Auditor -Controller. Shia -i�� Juarez, Debbie From: Kung, Alex Sent: Thursday, July 12, 2012 11:19 AM To: Juarez, Debbie Cc: Muro, Evangelina Subject: RE: Billiing of Special Parcel Taxes Agreement - Res. No. 9629 and Misc. Info Sounds good. -----Original Message ----- From: Juarez, Debbie Sent: Thursday, July 12, 2012 11:19 AM To: Kung, Alex Cc: Muro, Evangelina Subject: RE: Billiing of Special Parcel Taxes Agreement - Res. No. 9629 and Misc. Info Hi Alex. Since this is going to be required annually, let's try to establish the process of having the agreement approved on the same agenda that that the Special Parcel Tax resolution is approved so that the new agreement is sent out with the parcel tax resolution annually. Thank you. Deborah Juarez Records Management Assistant City of Vernon - City Clerk's Office 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 -----Original Message ----- From: Kung, Alex Sent: Tuesday, July 26, 2011 9:37 AM To: Juarez, Debbie Subject: FW: Billiing of Special Parcel Taxes Agreement - Res. No. 9629 and Misc. Info Importance: High Debbie, Spoke to the County Supervisor. She claims we need a new one every year but I will try to check with some other supervisor there. -----Original Message ----- From: Juarez, Debbie Sent: Tuesday, July 26, 2011 9:31 AM To: Kung, Alex Subject: FW: Billiing of Special Parcel Taxes Agreement - Res. No. 9629 and Misc. Info Importance: High Please let me know the outcome of your discussion with the County supervisor. Thanks. ---------------------------------------------------------- Deborah Juarez Records Management Assistant City of Vernon — City Clerk's Office 1 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 -----Original Message ----- From: Juarez, Debbie Sent: Monday, July 18, 2011 2:43 PM To: Yamaguchi, Willard; Burnett, Rory Cc: Muro, Evangelina Subject: Billiing of Special Parcel Taxes Agreement - Res. No. 9629 and Misc. Info Importance: High The agreement is supposed to continue from year to year unless cancelled by written notice. For your reference, I have attached Res. No. 7106 approved in 1998, Res. No. 7402 approved in 1999, Res. No. 8213 approved in 2003, and Res. No. 9629 approved in 2008. Res. No. 9629 was sent with Res. No. 2011-96 as a courtesy for their reference. 2