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Resolution No. 2013-061RESOLUTION NO. 2013-61 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 (SPECIAL PARCEL TAX LEVIED PURSUANT TO SECTION 5.45 OF THE MUNICIPAL CODE) WHEREAS, pursuant to Section 5.45 of the Municipal Code, the City levies an annual special parcel tax (the "Tax") on warehouses, truck terminals, freight terminals and other distribution facilities to fund (i) construction, improvement and maintenance of streets, bridges and other public rights -of -way, including acquisition of land and (ii) police and fire protection services; and WHEREAS, the Tax is collected on the Los Angeles County property tax roll as a "direct assessment"; and WHEREAS, in order for the Los Angeles County Auditor - Controller to provide collection services for the Tax, the City must enter into a billing agreement with the County; and WHEREAS, the City Council desires to enter into such a billing agreement. 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 above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 0612131215 SECTION 3: 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 4: The City Council of the City of Vernon hereby authorizes the Finance Director 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 5: 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, including but not limited to, any non -substantive changes to the Agreement attached herein. SECTION 6: 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 - 2 - 0612131215 SECTION 7: The Interim City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the Interim City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 18th day of June, 2013. icy s Name: W. Michael McCormick Title: Mayor / :,Qy0-r—=mod r� ATTES VDana Reed Interim City Clerk / APPROVED AS TO FORM: Nicholas George Rodriguez, City Attorney By: Scott E. Porter, Deputy City Attorney Mark E. Mandell, Esq. Mandell Municipal Counseling Special Counsel to City - 3 - 0612131215 SECTION 7: The Interim City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the Interim City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 18`h day of June, 2013. Name: Title; Mayor / Mayor. Pro-Tem ATTEST: Interim City Clerk / Deputy City Clerk APPROVED AS TO FORM: Nicholas George Rodriguez, City Attorney By: Scott E. Porter, Deputy City Attorney Mark E: Mandell, Esq. Mandell Municipal Counseling Special Counsel to City - 3 - Ofi12131215 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I Dana Reed , Interim City Clerk, / *D ^' *�� t'I e EL�of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2013-61, 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, June 18, 2013, and thereafter was duly signed by the Mayor Ovday ayor Pro-Tem of the City of Vernon. Executed this of June, 2013, at Vernon, California. Dana Reed Interim City Clerk (SEAL) - 4 - 0612131215 EXHIBIT A 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 DA Account #. 276.40 AGREEMENT FOR BILLING OF DIRECT ASSESSMENTS This agreement is made and entered into between the Los Angeles County Auditor -Controller and City of Vemon to provide the service of placement of direct assessments on the Secured Tax Roll and distribution of collections to City of Vemon. PROPERTY TAX SERVICES Los Angeles County will place direct assessments on the Secured Tax Roll and distribute collections to City of Vemon at the same time and in the same manner as Los Angeles County property taxes are collected and distributed. City of Vemon 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 charge: DA Original Submission - $0.25 per assessment per parcel For correction of direct assessments requested by City of Vemon 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 Vemon 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. E_Xcfusivefy Industriaf Agreement for Billing of Direct Assessments Page 2 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 Vemon. Accounting Services beyond this will be considered extended services and will be subject to additional charges and fees. 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 Vemon warrants that the taxes, fees, or assessments imposed by City of Vemon 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 Vemon 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 Vemon responsibility under this agreement or other action taken by City of Vemon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement. City of Vemon 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 judgments, in any manner arising out of any of City of Vemon responsibility under this agreement, or other action taken by City of Vemon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement. This agreement is with respect to collection of the City's warehouse special parcel tax levied pursuant to Section 5.45 of the Vemon Municipal Code. E�ccfusivefy industrial Agreement for Billing of Direct Assessments Page 3 VI. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW (cont.) If any judgment is entered against any indemnified party as a result of action taken to implement this Agreement, City of Vemon 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 Vemon behalf, including property taxes, special taxes, fees, or assessments. Los Angeles County may, but is not required to, notify City of Vemon 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 Vemon 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. Authorized Signature: Date: DIRECTOR OF FINANCE/MANAGER Authorized Name: (PRINT) For Auditor -Controller Use Only Approved Signature: Date: SECTION MANAGER Approved Name: (PRINT) Excfusivefy Inrfustriaf TRANSMITTAL COMMUNICATION � 1;;�rQt1;3t,it1"6-r n 4: July 2, 2013 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— Special Parcel Tax Levied Pursuant to Section 5.45 of the Municipal Code 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. V//ery truly yours, Deborah R. Juarez Records Management Assistant Enclosures c: William Fox Alex Kung Mark Whitworth Resolution No. 2013-61 Agreement File No. 13-041 PARTIALLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: CONTRACT PURPOSE: CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) [aSSERVICES O MATERIALS t%] BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $.LZQ Qp A p qro,�c Charge Acct. No(s) 6`(5, 60615. H 0enCt) -f New a�n,ns! rtc j Amendment Value ❑ Contract is an Amendment to Contract No. (if Applicable) RESPONSIBLE DEPARTMENT PERSON: akef k PHONE: 3 5 AUTHORIZATION: r Approved by Council on 6 A 13 (Check One) Resolution No.2n r3-mil (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation ❑Amendment Approved by ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of Contract, insurance & bond documents, certifies compliance With Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Approves insurance and sureties, if bonds required (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances And reflected in current budget (4) City Attorney Approves contract as to form, verifies bonds and insurance included (5) City Signatory Signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor (if applicable) Initials Date PW -A l Rev. 4/25/13 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 DA Account #: 276.40 AGREEMENT FOR BILLING OF DIRECT ASSESSMENTS This agreement is made and entered into between the Los Angeles County Auditor -Controller and City of Vemon 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 Vemon 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 charge: DA Original Submission - $0.25 per assessment per parcel For correction of direct assessments requested by City of Vemon 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. EXclusively Industriaf Agreement for Billing of Direct Assessments Page 2 Ill. 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 Vemon. Accounting Services beyond this will be considered extended services and will be subject to additional charges and fees. 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 Vemon. 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 Vemon warrants that the taxes, fees, or assessments imposed by City of Vemon 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 Vemon 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 Vemon responsibility under this agreement or other action taken by City of Vemon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement. City of Vemon 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 judgments, in any manner arising out of any of City of Vemon responsibility under this agreement, or other action taken by City of Vemon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement. This agreement is with respect to collection of the City's warehouse special parcel tax levied pursuant to Section 5.45 of the Vemon Municipal Code. Dccfusivefy Industriaf Agreement for Billing of Direct Assessments Page 3 VI. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW (cunt.) If any judgment is entered against any indemnified party as a result of action taken to implement this Agreement, City of Vemon 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 Vemon behalf, including property taxes, special taxes, fees, or assessments. Los Angeles County may, but is not required to, notify City of Vemon 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 Vemon 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. Authorized Signature: Date: 13 DIRECTOR OF Fi)KANCEFMANA61ER Authorized Name: William Fox (PRINT) For Auditor -Controller Use Only Approved Signature: Date: SECTION MANAGER A (PRINT) APP VED AS TO FORM: i Mark E. Mandell; Esq. C1LStUCC 171L�1lSttlll� Mandell Municipal Counseling y Special Counsel to City FULLY EXECUTED AGREEMENT 9305 �"an�:bp �venV� �C�trotl,.i'.alifoj%Sla.9W5b �'Ptepikoiu'�3�),5Q$�8811 DA A ccount-sk, t76.40 u4isREFNf1 MT PC -a!"IN `(F 14 6T1>$81±.56ONTS. . This agreeinent•ts made arid, antered into, between the Los Angeles -County Auditor -Controller afid Clfy. i�amwpto<pbvidg th(. service i'!f plac mentd.direct assessrnonts:on the Seduced Tax Rill a ri064fr1hullowof celleews-to W., of tw�on. 1. PS OPIAT— TAX $1M.A' Los Angeles C.ountkWill place dlrectassessments.on the Secured Tax Roll and.clrstribute egllection5 to Clip of varnert at th-b'same tune and In the some: manner as- Los Angeles Ciautlky property tdbll axes..aN et.Nd and distrIbutez(, City of Vernon v(ill adhere to the pntlCiRB and pros fuses ,estabirsherl ttyy the Los Angeles County AWitor-.Controller as outlined I6,�e Dlrect)Asseesment $ybMlssSIM Prooedure..Manu-@I: . F9J Itltn&of '160'a5sar sMetila,•thH Qa ,4ngele5 County Md-N ar Controller Shall ,eollest thefstlio8 cE19:= IPA 5t aalSub'tiiis'slon $0.25perassessmentper-parcel f �r itorfeu arr of if sect rlsBassrttetit3 r ag4e5ted •bq Qfl}i df Vemo9i.aitaf extensionaF.the tak roil, the LoeJ4t11elegpurlty�4cdrSintrtllerwillellseY:$'13 ©0 Rer S®rrection. . The. Liss An>oe15?s Cbonty-Audd9r-CoAtroller *11 charge; an addltloraal feu for ext nde .0eniles prt#vialed to CtbC of:+r�tr►a,< fltgf .are iggtnned to the Arldltor Canirot[er 4i+reet ' .�astFssi��,�+1is.�iRn :relu4e�nNa1: . 11, Cl114 . 1�•N,,�iF.AUC IMOR�trl3P1Tk0 69R F6 �71t:,As'_taeht kritlinp cnar�(s are o¢Ilted once- a yea>, :on the peraprbeC1". ad�rerti dlsf iiifark Il,ny addidonal oheirgsQa arer degtcted on' the need ayaflsbla dtstiibtAi4lr pfti<tprytes- : �Cusive�Ia�'ustrlad Agreement for Billing of Direct Assessments Page 2 III. ACC0UNTING 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 Vemon. Accounting Services beyond this will be considered extended services and will be subject to additional charges and fees. 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 Vemon warrants that the taxes, fees, or assessments Imposed by City,of Vemon 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 Vemon 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 Vemon responsibility under this agreement or other action taken by City of Vemon in establishing a special tax, fee, or assessment and Implementing collection of special taxes, fees, or assessments as contemplated In this agreement. City of Vemon 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, . Ilabil fies, costs and expenses, damages, -causes of action and judgments, in any manner arising out of any of City of Vemon responsibility under this agreement, or other action taken by CNy of Vemon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement. This agreement is with respect to collection of the City's warehouse special parcel tax levied pursuant to Section 5,45 of the Vemon Municipal Code. ft&sivefy Indmtrfaf , Agreement for Billing of Direct Assessments Page 3 VI. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW (cont,) If any judgment is entered against any indemnified party as a result of action taken to implement this Agreement C/ty of Vernon agrees that Los Angeles County may offset the amount of any judgment paid by Los Angeles County or by any Indemnifled party from any monies collected by Los Angeles County on CYy of Vernon behalf, including property taxes, special taxes, fees, or assessments. Los Angeles County may, but is not required to, notify Cltyof Vernon of its intent Implement any offset authorized by this paragraph. VIL 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 terminaied upon the execution of this agreement Tfds 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 cancellatlon. Authortzed Signature: 7V zit I Date: DIRECTOR OF F Authorized Name: William roz (PRINT) ForAudaar-Controeer use Only Approved Signature: .`f� ueX - F�-"e late: 01-7 10—f-3 N MANAGER ved N Dime • 4domke2 tr II1 (ANT) NPgPVHD AS TO Z Mark IC. Mandell- Eeq. Mandell Municipal Counseling •J Special Counsel to City STAFF REPORT STAFF REPORT CITY CLERKS OFFICE CITY ADMINISTRATION DATE: June 18, 2013 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: One Year Billing Agreement with Los Angeles County Auditor -Controller to collect and distribute the 2013-2014 Warehouse Special Parcel Tax Recommendation It is recommended that the City Council: 1. Find that approval of the agreement proposed in this staff report is exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2. Authorize the City Administrator to enter into a direct assessments billing agreement for with Los Angeles County Auditor -Controller, in substantially the form submitted herewith, for the collection and distribution of the Warehouse Special Parcel tax for fiscal year 2013-2014. Competitive bidding or competitive selection is not required because the services are provided by a governmental entity, and because that entity is the sole source of the services provided. Backeround In 1988 and 1989, by their approval of Ordinance Nos. 1057 and 1076, the voters authorized the levy and collection of an annual special parcel tax on warehouses, truck terminals, freight terminals and other distribution facilities. This tax funds (i) construction, improvement and maintenance of streets, bridges and other public rights -of -way, including acquisition of land and (ii) police and fire protection services. The parcel tax is codified at Section 5.45 of the Municipal Code. Pursuant to Section 5.450) of the Municipal Code, the tax is collected on the Los Angeles County property tax bill. The attached Agreement is required by the County for the City to use the County's collection services. Fiscal impact The Los Angeles County Auditor -Controller charges $.25 per assessment per parcel for a total of approximately $120.00 for fiscal year 2013-2014. Corrections of direct assessments will be $13.00 per correction. Direct Assessment billinj charges are deducted from revenues forwarded by the County to the City on the December 20" advance distribution.