HomeMy WebLinkAbout32969Agreement No. 18-520
1 AGREEMENT FOR THE COLLECTION OF SPECIAL ASSESSMENTS
2 This agreement, dated June 27, 2018, is between the North Fork Kings Groundwater
3 Sustainability Agency ("Agency") and the County of Fresno, a political subdivision of the State
4 of California ("County").
5 Recitals
6 The Agency has levied or expects to levy assessments on properties within Fresno
7 County. In this agreement, the word "assessment" has the meaning given in Article XIII D,
8 Section 2, of the California Constitution .
9 The County desires to recover from the Agency the County's costs for collecting those
10 assessments by incorporating them into the collection of the general taxes of the County on
11 property. For assessments collected by the County for any special district, excluding school
12 districts, Government Code section 29142 authorizes the Board of Supervisors to establish a
13 collection fee to cover those costs. Fa~ assessments collected by the County for a city,
14 Government Code section 51800 authorizes an agreement to cover those costs .
15 The parties therefore agree as follows:
16 Section 1. Employment of County
17 The Agency engages County to collect assessments as provided in this agreement,
18 which includes performing professional, technical, and staff services and providing assistance
19 as described in this agreement.
20 Section 2. Scope of Services
21 Upon the request of the Agency as provided in Exhibit 1 to this agreement, the County
22 shall perform the services described in that Exhibit 1.
23 Section 3. County's Personnel and Working Relationship with the Agency
24 A. Except as provided in Exhibit 1, all of the services to be performed by the
25 County under this agreement shall be performed by County personnel, and all personnel
26 engaged in the work shall be fully qualified and shall be authorized or permitted under state
27 and local law to perform his or her part of those services.
28 B. Except as provided in Exhibit 1, none of the work or services covered by this
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1 agreement shall be subcontracted by the County unless approved in writing in advance by the
2 Agency .
3 Section 4. Compensation
4 The Agency shall pay , and the County shall receive , payment as provided in Exhibit 1,
5 including allowable costs of the County , as provided in Exhibit 3 , for the services rendered
6 under this agreement, except that in any case the total amount paid by the Agency for the
7 collection of any assessment shall not exceed one-fourth of one percent (0 .25%) of all money
8 collected .
9 If the Agency is a special district, the compensation under this section is a collection fee
10 under Government Code section 29142.
11 Section 5. Method of Payment
12 Beginning fiscal year 2018-2019 , the Agency will reimburse the County for all costs
13 incurred in performing the services described in Exhibit 1. The County's Auditor-
14 Controller/Treasurer-Tax Collector is authorized to deduct those costs from apportionments to
15 the Agency and retain them as compensation for services rendered under this agreement. The
16 County will itemize all costs incurred, deducted , and retained and will provide that itemization to
17 the Agency with the remittance advice for the apportionment.
18 Section 6. Records
19 The County shall maintain complete and accurate records with respect to costs incurred
20 under this agreement. All such records shall be maintained on a generally-accepted accounting
21 basis and shall be clearly identified and readily accessible. The County shall provide to the
22 authorized representatives of the Agency free access to such books and records at all proper
23 times , and the right to audit the same , and to make transcripts therefrom as necessary, and to
24 allow inspection of all work , data , documents , proceedings, and activities related to the
25 performance of this agreement for a period of three (3) years from the date of final payment for
26 work performed under this agreement. In addition to the above accounting records, the County
27 shall mainta in records to show actual time and allowable costs submitted for reimbursement
28 with respect to the scope of services set forth herein.
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1 Section 7. Changes to the Agreement
2 This agreement may not be modified except in writing s igned by both parties.
3 Section 8. Term
4 This agreement is effective on the date first written above through June 30 , 2019 , and
5 renews automatically for each fiscal year (July 1 through June 30 ) after unless e ither party
6 gives written notice of nonrenewal no later than June 1.
7 Section 9 . Termination
8 Either party may terminate this agreement without cause at any time by giving written
9 notice of such termination to the other party and specifying an effective date of termination that
10 is not less than 30 days after the notice is given. If the agreement is terminated as provided in
11 this Section 9, the County shall be reimbursed its allowable costs in accordance with Section 4
12 of this agreement through the date of termination .
13 Section 10. Representations and Warranties
14 The Agency represents and warrants that it has the authority to levy the taxes , fees , or
15 assessments that it levies , and that the County collects under this agreement , and the
16 Agency 's levy of those taxes , fees , or assessments complies with all requirements of state law ,
17 including but not limited to Art icles XIII C and XIII D of the California Constitution (Proposition
18 218) and Division 6, Part 2 .74 , of the Water Code (Sustainable Groundwater Management
19 Act). The Agency also agrees to reaffirm in writing the validity of the taxes , fees , or
20 assessments each time it requests services under Section 2 of this agreement.
21 Section 11. Release
22 The Agency hereby releases and forever discharges the County and its officers, agents ,
23 and employees from any and all claims , demands , liabilities , costs and expenses , damages ,
24 causes of act ion , and judgments , in any manner arising from the Agency's responsibility under
25 this agreement , or other action taken by the Agency in establishing any assessment , and
26 implementing the collection of such assessments as contemplated in this agreement.
27 Section 12. Hold Harmless
28 The Agency shall defend the County and hold the County harmless from all liability ,
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1 claims , or damages incurred as a result of any action taken by the Agency in establishing any
2 tax , fee , or assessment , and implementing the collection of such taxes , fees , or assessments
3 as contemplated in this agreement.
4 Section 13. Construction
5 The final form of this ag reement is the result of the parties ' combined efforts. If anything
6 in this agreement is found by a court of competent jurisdiction to be ambiguous , that ambiguity
7 is to be resolved by construing the terms of this agreement according to their generally
8 accepted mean ing , and not by construing the terms of this agreement for or aga inst either
9 party .
10 Section 14. Headings
11 The headings and sect ion titles in this agreement are for convenience only and are not
12 part of this agreement.
13 Section 15. Severability
14 If anyth ing in this ag reement is found by a court of competent jurisdiction to be unlawful
15 or otherwise unenforceable , the balance of th is agreement remains in effect.
16 Section 16. No Waiver
17 Payment , change , wa iver, or discharge of any liability or obligation of the Contractor
18 under this ag reement on any one or more occasions is not a waiver of performance of any
19 continuing or othe r obligation and does not prohibit enforcement by the SJVIA of any obl igation
20 on any other occasion .
21 Section 17. Entire Agreement
22 Th is agreement is the entire agreement between the Contractor and the SJVIA w ith
23 respect to the subject matter of this agreement , and it supersedes all previous negotiations ,
24 proposals , commitments , writings , advertisements , publications , and understandings of any
25 nature unless those things are expressly included in this agreement.
26 Section 18. Counterparts
27 This agreement may be signed in counterparts , each of which is an original , and all of
28 which together constitute this agreement.
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[SIGNATURE PAGE FOLLOWS]
3 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the
4 day and year first hereinabove written .
5 AGENCY
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Mw~ Wlt~¼() Ch Olsr
Print Name & Title '
4886 E. Jensen Ave
Fresno , CA 93725
Mai ling Address
FOR ACCOUNTING USE ONLY:
ORG No .:
Account No .:
Requisit ion No .:
By :
5
COUNTY OF FRESNO
Attest:
hairperson of the Board
n~~ of the County of Fresno
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno, State of California
Su~ ~sb
Deputy Of)
1 Exhibit 1
2 General Scope of Services
3 The Auditor-Controllerrrreasurer-Tax Collector's duties include fiscal functions , which
4 services include , but are not limited to :
5 1. Enrolling the assessment by parcel on the property tax bills , billing the
6 taxpayers , the collection process , roll changes as needed by parcel , apportionment of the
7 collected. assessment to the Agency and reporting and maintaining records of all financial
8 transactions for the assessment process by parcel.
9 2 . Separately accounting for the Agency funds and maintaining records of
10 expenditures , revenues and investments in accordance with administrative code requirements
11 and state and federal regulat ions .
12 The Agency shall re imburse the Auditor-Controllerrrreasurer-Tax Collector for costs
13 incurred for services provided including but not limited to the following :
14 • Assessment enrollment to Property Tax System: $0 .17 per parcel
15 • Roll Changes as needed and approved by the Agency: $18 .60 per parcel
16 • Accounting/Apportionment/Administration : Actual Staff hourly rates on MSF (as that
17 term is defined below), and as provided in Exhibit 3
18 Accounting , Legal and Administration costs are based on the current Master Schedule
19 of Fees, Charges , and Recovered Costs ("MSF ") approved by County of Fresno Board of
20 Supervisors . Relevant portions of the MSF as of the date this agreement is signed are shown
21 on Exhibit 2 for the Auditor-Controller/ Treasurer-Tax-Collector and County Counsel. The MSF
22 is revised annually and the revised rates apply to this agreement. Billing for
23 Accounting/Apportionment/Administration items would only be applicable for add itional work
24 that is requested by the Agency in addition to the normal assessment enrollment , collection fee
25 and roll change duties .
26 Duties of Agency
27 The Agency by August 10th or other agreed upon date each year shall provide:
28 • The statutory and any other legal authority for the assessment; and
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1 • A resolution passed by the Agency 's governing board specifying parcels and
2 rate(s) or amount to be charged and a list of authorized personnel that may
3 make changes/corrections to assessments during or after fiscal year of
4 enrollment. The Agency needs to record the resolut ion in the Fresno County
5 Recorder's office before subm itt ing it to the County Auditor.
6 The Agency shall co m ply with all other adm in istrative inst r uct ions prov ided by the
7 County Aud itor each year.
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SECTION 600 -COUNlY COUNSEL
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!FEE DESCR IPTION FEE FEE SETTING YEAR EFFECTIVE %OF
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AMOUNT AUTHORIT Y ADOPTED DATE COST
' !
601 .LEGAL SERVICES $122/hour Board of 2015-16 7/6/1 5 100%
Supervisors
Charged to other publ ic agencies and County departments with third party payer funds.
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I
REFERENCE !
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Ord . #J.S -011
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Exhibit 3
Allowable Costs for the County
A. Direct Costs
1. Personnel
Direct costs for personnel are based on actual salary and benefits paid to 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 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
Where travel expenses and subsistence are directly related to the performance of this
agreement , they are included in direct costs . Mileage for trips within the Fresno-Clovis
Metropolitan area may be reimbursed , but are covered under Section 4.8. of this agreement,
"Indirect Costs (Overhead)." Out-of-area transportation costs shall not exceed the cost of travel
by the most direct and economical mode . Reimbursement for transportation by private
automobile shall be 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
Other direct costs include the costs of other material and services as may be required
under this agreement , but which are not normally provided as part of the overhead of County at
cost. Such other materials and services may include , but are not limited to , the following : report
reproduction , purchase of maps and charts , telephone expense , and specialized educational
needs .
B. Indirect Costs (Overhead)
Indirect costs are calculated under Federal OMS Circular A-87 .
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