v.2023 Agreement for billing of direct assessments Attachment B
AGREEMENT FOR BILLING OF DIRECT ASSESSMENTS
This Agreement For Billing of Direct Assessments (“Agreement”) is made and entered into between the Ventura County Auditor-Controller and___________________________________ (“Agency”) to provide the service of placement of direct assessments on the Secured Tax Roll and distribution of collections to the Agency.
I. PROPERTY TAX SERVICES
Ventura County will place direct assessments on the Secured Tax Roll and distribute collections to the Agency at the same time and in the same manner as Ventura County property taxes are collected and distributed, and as authorized by law. The Agency will adhere to the policies and procedures established by the Ventura County Auditor-Controller as outlined in the Direct Assessment Submission Letter.
II. FEES FOR SERVICES
For billing, collection, correction and administration of direct assessments, the Ventura County Auditor-Controller shall collect the following charges:
A. A Direct Assessment Line Fee for the original submission will be charged $0.21 per assessment per parcel set by the County via resolution by the Board of Supervisors at its annual Countywide Rates and Fees public hearing.
B. For correction or removal of direct assessments requested by the Agency after extension of the tax roll, the Ventura County Auditor-Controller will collect $27.00 per correction or removal. All corrections and removals must be submitted by the third Friday in February.
C. An administration and collection fee shall be charged in an amount not to exceed one-fourth of 1 percent of amounts collected.
D. Collection fees and charges herein provided are subject to adjustment by the County via resolution of the Board of Supervisors at its annual Countywide Rates and Fees public hearing. The Ventura County Auditor-Controller reserves the ATTACHMENT #9
City of Thousand Oaks
DPW: 830-40\jt\ev\H:\Council\2023\050923\ LLAD 79-2 Initiate Proceedings Att 9.pdf v.2023 Agreement for billing of direct assessments Attachment B
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 Agency.
III. COLLECTION OF AUDITOR-CONTROLLER FEES
Direct Assessment billing, correction and removal charges are deducted once a year, in the April Secured Apportionment. Collection and administrative fees are deducted from each Apportionment distribution.
IV. REQUESTS FOR INFORMATION AND ACCOUNTING SERVICES
The Ventura County Auditor-Controller publishes a report of direct assessments levied for the tax year by parcel to the Auditor-Controller’s website in January, May and July.
Requests for information and accounting services beyond what is posted to the Website will be considered extended services and will be subject to additional charges and fees.
V. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW
The authority for any levy, (i.e. resolution, ordinance or election), shall accompany requests for the levy of direct assessments. The Agency warrants that the taxes, fees, or assessments imposed by the Agency 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 Agency hereby releases and forever discharges Ventura County and its officials, officers, agents, representatives 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 Agency’s responsibilities and representations under this Agreement or other action taken by the Agency in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments, as contemplated in and/or pursuant to this Agreement,
including disputes related to lien priority.
The Agency further agrees to and shall defend, indemnify and hold harmless Ventura County and its officials, officers, agents, representatives 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 the Agency’s responsibilities and representations under this Agreement, or other action taken by the Agency in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in and/or pursuant to this Agreement, including disputes related to lien priority.
v.2023 Agreement for billing of direct assessments Attachment B
If any judgment is entered against any indemnified party as a result of action taken to implement this Agreement, the Agency agrees that Ventura County may offset the amount of any judgment paid by any indemnified party from any monies collected by Ventura County on the Agency’s behalf, including property taxes, special taxes, fees, or assessments.
Ventura County may, but is not required to, notify the Agency of its intent to implement any offset authorized by this paragraph.
VI. TERMS OF AGREEMENT
Upon execution, this Agreement terminates, supersedes and replaces all prior agreements between Ventura County Auditor-Controller and the Agency pertaining to the collection of direct assessments. This Agreement shall continue from year to year and shall be subject to cancellation by either party by giving a thirty-day written notice of cancellation to the other party.
VII. AUTHORITY
The above terms are accepted by the Agency and the undersigned further certifies that he/she is authorized to sign this Agreement and bind the Agency to its terms.
Authorized Signature: ____________________________________ Date: ____________ Authorized Name:
(PRINT) Title:
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___________________________________________________________________________________________ For Auditor-Controller Use Only
Approved Signature: __________________________________ Date: ___________
SECTION MANAGER
Approved Name: __________________________________
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City Engineer
ATTEST:
APPROVED:
Office of the City Attorney
________________________________ ________________________________ Tracy Friedl, Assistant City Attorney Laura B. Maguire, City Clerk ____________________________________
5/09/2023