HomeMy WebLinkAbout327411
2
3
Agreement No. 18-067
AGREEMENT FOR THE COLLECTION OF SPECIAL ASSESSMENTS
This agreement, dated __ M_a_rc ____ h--'6_th ___ , 2018, is between the California
4 · Enterprise Development Authority, a joint exercise of powers authority (CEDA), and the
5 County of Fresno, a political subdivision of the State of California (County).
6 Recitals
7 CEDA, as part of its Property Assessed Clean Energy, or "PACE," program known
8 . as the Figtree PACE Program, intends to levy voluntary contractual assessments or
9 properties within the County of Fresno, under Chapter 29 of Part 3 of Division 7 of the
10 Streets and Highways Code.
11 CEDA has obtained a final judgment, entered on September 4, 2013, in
12 Sacramento County Superior Court Case No. 34-2012-00134736, a validation action
13 filed by CEDA pursuant to Code of Civil Procedure section 860, establishing that the
14 voluntary contractual assessments levied by CEDA are valid assessments under
, 15 California law, including, without limitation, under Article XIII D of the California
16 Constitution. CEDA has also obtained a final judgement, entered on July 16, 2013 in
17 · Sacramento County Superior Court Case No. 34-2012-00131,602, a validation action
18 · filed by CEDA pursuant to Code of Civil Procedure section 53511, establishing that the
19
20
21
22
23
24
25
26
27
28
· voluntary contractual assessments levied by CEDA are valid assessments under
California law, including, without limitation, under Article XIII D of the California
Constitution.
The County desires to recover from CEDA the County's costs for incorporating
voluntary contractual assessments into the assessments of the general taxes of the
County on property.
Streets and Highways Code section 5898.20, Government Code section 29304,
and Government Code section 51800 authorize CEDA to contract with the County for
such a fee.
The parties therefore agree as follows:
Section 1. Employment of County
1
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
CEDA engages County to perform professional, technical, and staff services and
provide assistance as described in this agreement.
Section 2. Scope of Services
Upon the request of CEDA as provided in Exhibit 1 to this agreement, the County
shall perform the services described in that Exhibit 1 .
Section 3. County's Personnel and Working Relationship with CEDA
A. Except as otherwise provided in Exhibit 1, all of the services to be performed
by the County under this agreement shall be performed by County personnel, and all
personnel engaged in the work shall be fully qualified and shall be authorized or
permitted under state and local law to perform his or her part of those services.
B. Except as provided in Exhibit 1, none of the work or services covered by this
agreement shall be subcontracted by the County unless approved in writing in advance
by CEDA.
Section 4. Compensation
CEDA shall pay, and the County shall receive, payment as provided in Exhibit 1,
including allowable costs of the County, as provided below, for the services rendered
under this agreement; provided, however, no such costs shall be payable for services
customarily included in the placement or correction of an assessment on the tax roll, or
the collection thereof, so long as the fees described in Exhibit 1 under the categories
"Assessment enrollment to Property Tax System", "Collection fee" and "Roll Correction"
as applicable have been paid by CEDA. These allowable costs include the following :
A. Direct Costs
1. Personnel
The County shall be compensated for the services of personnel
assigned under this agreement. Compensation shall be on the basis of actual
salary and benefits paid to said personnel, or based on the hourly charge
shown in the County's Master Schedule of Fees, Charges and Costs
Recovered, if applicable, for actual time spent on the work necessary to fulfill
the terms of this agreement. Time shall be recorded on the time sheets
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
regularly used by the County in carrying out its ordinary work apart from this
agreement. No additional or special forms for recording hours spent on the
tasks specified in this agreement are required.
2. Travel Expenses and Subsistence
The County shall be paid actual costs due upon documentation of
travel expenses and subsistence where such expenses are directly related to
the performance of this agreement. Mileage for trips within the Fresno-Clovis
Metropolitan area may be reimbursed, but are subsumed under Section 4.8.
of this agreement, "Indirect Costs (Overhead)." The County shall be
reimbursed for out-of-area transportation costs not to exceed the cost of
travel by the most direct and economical mode . Transportation by private
automobile shall be reimbursed at the rate ordinarily charged by the County
in lieu of actual costs. Reimbursement for lodging and meals shall be based
on the actual cost incurred by the County's personnel, to not exceed the
limitations applied by the County.
3. Other Direct Costs
The cost of other material and services as may be required hereunder
but which are not normally provided as part of the overhead of COUNTY at
cost. Such other materials and services shall include, but shall not be limited
to, the following: report reproduction, purchase of maps and charts,
telephone expense, and specialized educational needs.
B. Indirect Costs (Overhead)
In addition to the payment provided above, CEDA shall compensate the
County for indirect costs to be calculated on the basis of Federal 0MB Circular
A-87.
If CEDA requests services listed in Sections 4.A. or 4.B. hereof, then prior
to the provision of those services the County shall provide CEDA a written cost
estimate for the provision of those services, and CEDA shall have the right to
withdraw its request for those services.
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
Section 5. Method of Payment
Beginning fiscal year 2017-18, CEDA will reimburse the County for all costs
incurred in performing the services described in Exhibit 1. The County's Auditor-
Controller/Treasurer-Tax Collector is authorized to deduct those costs from
apportionments to CEDA and retain them as compensation for services rendered under
this agreement. The County will itemize all costs incurred, deducted, and retained and
will provide that itemization to CEDA with the remittance advice for the apportionment.
Section 6. Records
The County shall maintain complete and accurate records with respect to costs
incurred under this agreement. All such records shall be maintained on a generally-
accepted accounting basis and shall be clearly identified and readily accessible. The
County shall provide to the authorized representatives of CEDA free access to such
books and records at all proper times, and the right to audit the same, and to make
transcripts therefrom as necessary, and to allow inspection of all work, data, documents ,
proceedings, and activities related to the performance of this agreement for a period of
three (3) years from the date of final payment for work performed under this agreement.
In addition to the above accounting records, the County shall maintain records to show
actual time and allowable costs submitted for reimbursement with respect to the scope
of services set forth herein.
Section 7. Changes to the Agreement
This agreement may not be modified except in writing signed by both parties .
Section 8. Term
This agreement is effective on the date first written above through June 30, 2018,
and renews automatically for each fiscal year (July 1 through June 30) after unless
either party gives written notice of nonrenewal no later than June 1.
Section 9. Termination
Either party may terminate this agreement without cause at any time by giving
written notice of such termination to the other party and specifying an effective date of
termination that is not less than 30 days after the notice is given. If the agreement is
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
terminated as provided in this Section 9, the County shall be reimbursed its allowable
costs in accordance with Section 4 of this agreement through the date of termination.
Section 10. Representations and Warranties
CEDA represents and warrants that the taxes, fees, or assessments that it levies,
and that the County collects under this agreement, comply with all requirements of state
law, including but not limited to Articles XIII C and XIII D of the California Constitution
(Proposition 218). CEDA also agrees to reaffirm the validity of the taxes, fees, or
assessments each time it requests services under Section 2 of this agreement.
CEDA represents and warrants that, as of January 1, 2018, its PACE program
complies with all applicable requirements of Chapter 29.1 of Part 3 of Division 7 of the
Streets and Highways Code (also known as "SB 242").
Section 10.5. Compliance with SB 242
No tax, fee, or assessment shall be levied by CEDA unless CEDA and its program
administrator have first complied with all applicable requirements of SB 242. CEDA and
its program administrator shall require all contractors and third parties involved with
CEDA's PACE program to comply with all applicable requirements of SB 242.
Section 11. Release
CEDA hereby releases and forever discharges the 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 from CEDA's
responsibility under this agreement, or other action taken by CEDA in establishing any
tax, fee, or assessment, and implementing the collection of such taxes, fees, or
assessments as contemplated in this agreement.
Section 11.5. Insurance
Without limiting the COUNTY'S right to obtain indemnification from
EDA or any third parties, CEDA, at its sole expense, shall maintain in full force and effect,
he following insurance policies or a program of self-insurance, including but not limited to,
n insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of
he Agreement:
5
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
b. Commercial General Liability
Commercial General Liability Insurance with limits of not less than
ne Million Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). This policy shall be issued on a per occurrence basis. COUNTY
may require specific coverages including completed operations, products liability,
ontractual liability, Explosion-Collapse-Underground, fire legal liability or any other liability
insurance deemed necessary because of the nature of this contract.
c. Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily
injury of not less than Two Hundred Fifty Thousand Dollars ($250,000.00) per person, Five
Hundred Thousand Dollars ($500,000.00) per accident and for property damages of not
less than Fifty Thousand Dollars ($50,000.00), or such coverage with a combined single
imit of Five Hundred Thousand Dollars ($500,000.00). Coverage should include owned
nd non-owned vehicles used in connection with this Agreement.
d. Professional Liability
If CEDA employs licensed professional staff, (e.g., Ph.D., R.N.,
L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not
less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars
($3,000,000.00) annual aggregate.
A. Worker's Compensation
A policy of Worker's Compensation insurance as may be required by
he California Labor Code.
CEDA shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually
nd collectively, as additional insured, but only insofar as the operations under this
greement are concerned. Such coverage for additional insured shall apply as primary
insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers,
gents and employees shall be excess only and not contributing with insurance provided
nder CEDA's policies herein. This insurance shall not be cancelled or changed without a
minimum of thirty (30) days advance written notice given to COUNTY.
Within Thirty (30) days from the date CEDA signs and executes this
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
greement, CEDA shall provide certificates of insurance and endorsement as stated above
or all of the foregoing policies, as required herein, to the County of Fresno , (Name and
ddress of the official who will administer this contract), stating that such insurance
verage have been obtained and are in full force; that the County of Fresno, its officers,
gents and employees will not be responsible for any premiums on the policies; that such
ommercial General Liability insurance names the County of Fresno, its officers, agents
nd employees, individually and collectively, as additional insured , but only insofar as the
perations under this Agreement are concerned; that such coverage for additional insured
hall apply as primary insurance and any other insurance, or self-insurance, maintained by
OUNTY, its officers, agents and employees , shall be excess only and not contributing
ith insurance provided under CEDA's policies herein; and that this insurance shall not be
ancelled or changed without a minimum of thirty (30) days advance, written notice given to
In the event CEDA fails to keep in effect at all times insurance coverage
s herein provided, the COUNTY may, in addition to other remedies it may have , suspend
r terminate this Agreement upon the occurrence of such event. All policies shall be issued
y admitted insurers licensed to do business in the State of California, and such insurance
hall be purchased from companies possessing a current AM. Best, Inc. rating of A FSC
II or better.
20 Section 12. Hold Harmless
21 CEDA shall defend the County and hold the County harmless from all liability,
22 claims, or damages incurred as a result of any action taken by CEDA in establishing any
23 tax, fee , or assessment, and implementing the collection of such taxes, fees, or
24 assessments as contemplated i n this agreement.
25 [SIGNATURE PAGE FOLLOWS]
26
27
28
7
1
2 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of
3 he day and year first here inabove written .
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
CALIFORNIA ENTERPRISE
DEVELOP N T ORITY
A
Mailing Address
FOR ACCOUNTING USE ONLY :
Fund : 0001
Subclass: 10000
Org No. 04100600
Account No. 5060
COUNTY OF FRESNO
ATTEST:
B ernice E . Seidel
Clerk to the Board of Supervisors
County of Fresno, State of California
By: 9,, A~ &shlbf)
Deputy
8
1 EXHIBIT 1
2 GENERAL SCOPE OF SERVICES
3 he Auditor-Controller/Treasurer-Tax Collector's duties include fiscal functions , which services
4
1 5
6
7
8
9
10
11
12
13
14
15
16
include, but are not limited to:
1.
2.
Enrolling the assessment by parcel on the property tax bills, billing the taxpayers,
the collection process , roll changes as needed by parcel , apportionment of the
collected assessment to CEDA and reporting and maintaining records of all
financial transactions for the assessment process by parcel.
Separately accounting for CEDA funds and maintaining records of expenditures,
revenues and investments in accordance with administrative code requirements
and state and federal regulations.
he Auditor-Controller/Treasurer-Tax Collector will be reimbursed for costs incurred for services
rovided including but not limited to the following:
Assessment enrollment to Property Tax System
Collection fee
Roll Changes as needed and approved by CEDA
Accounting/ Apportionment/ Administration
$0.16 per parcel
0.25% of assessment per
parcel
$18.60 per parcel
Actual Staff hourly rates on
MSF
ccounting, Legal and Administration costs are based on the current Master Schedule of Fees
17 MSF) approved by County of Fresno Board of Supervisors. Relevant portions of the current
MSF are shown on Exhibit 2 for the Auditor-Controller/Treasurer-Tax-Collector and County
18 ounsel. Billing for Accounting/Apportionment/Administration items would only be applicable for
dditional work that is requested by CEDA in addition to the normal assessment enrollment ,
19 ollection fee and roll change duties.
20 otal amount of costs to be reimbursed will not exceed 3% of the assessment per parcel. CEDA
rrors or omissions costs will not be considered to be included in the 3% cap and will be the
21 bligation of CEDA.
22 OUITIES OF CEDA
23 EDA shall request services by providing the following to the County Auditor by August 10ttior
ther agreed upon date each year:
24
25
26
27
28
1. The statutory authority for the assessment; and
A resolution passed by the CEDA Board specifying parcels and rate(s) or amount to be
charged and a list of authorized personnel that may make changes/corrections to
assessments during or after fiscal year of enrollment. CEDA needs to record the
resolution in the Fresno County Recorder's office before submitting it to the County
Auditor.
9
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
EDA shall comply with all other administrative instructions provided by the County Auditor each
ear.
10
1 EXhlbtt 2 -------.... ~-.....-..-2 ~-.... Iii ----3 ·-----_,, --_..._, -----_,, --__,.._. ·----_,, -4 ............. ---·-_,, --AaXUff~•-«-., ..... -·-_,, --........... , .,_ ---_,, -............ ,.-. ---_,, --~..,,.......___.~ ---·-_,, -5 ~..,~ ...... .,_ ---_,, -""""""IICM1MY-to# -----_,, -----· ---·-_,, ----· .. _ ---_,, ----· ----_,, ----------_,, -6 'I-~~ ,._ ---_,, -----..,_ ---_,, --i:aun" ,........tAllcauictOI ··----_,, -~,.,_.._m, .,_ ---_,, -........ "°"' ..... ,.." -----_,, -7 -------_,, -N'9a.L f11Dt1 .orM# .,,_ ---_,, -~NDt•.QCNf '"'----_,, ---------_,, -..._~ca..-.. ----_,, ----------_,, --8 .,.,_.~ ..... --·----_,, --...,_.~ ...... ------·· ---· ---·--· -------·-_,, --_......__,_ 11'4 ..... ----·· --9 ---111•---·-...... -s11a ... -------10 ---, ... _ ----·· -..... ..__o...,_~ •11----_,, --.............. ..__ .... ............. ~ .. ~ ··-11 ._......_ ........... k ---..., -
____ ......__c..--,_~ ~-~----·-----... , -12 .... _ -ea.•----.... _ -·-_,, --a • ..,,,., ---_,, --13 ....................... ___ -·----.......... ---_,, --·----·-_,, -14 ----·-_,, ---·---·-... , --15 --··----_,, -..... -·--· -16 -----·-_,, ·---__ ...,&N----.. ,. ..
I#--·--· ---17 ,1 ... ----.. ...... ,.. ............. ,_ --·-_,, --,, .........
.Gal ................ --·--· ---18 ,1 .... --... __ ,_ --·--·· --.....
19 ,.,
20
21
22
23
24
25
26
27
28
11