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Agreement No . 18-517
AGREEMENT FOR THE COLLECTION OF SPECIAL ASSESSMENTS
This agreement, dated -~S~e~pt~e_m~b-'-er_1_1 __ , 2018, is between the Big Creek
Community Service District ("Agency") and the County of Fresno , a political subdivision of the
State of California ("County").
Recitals
The Agency has levied or expects to levy assessments on properties within Fresno
County. In this agreement, the word "assessment" has the meaning given in Article XIII D ,
Section 4 , of the California Constitution .
The County desires to recover from the Agency the County's costs for collecting those
assessments by incorporating them into the collection of the general taxes of the County on
property . For assessments collected by the County for any special district, exclud ing school
districts, Government Code section 29142 authorizes the Board of Supervisors to establish a
collection fee to cover those costs . For assessments collected by the County for a city,
Government Code section 51800 authorizes an agreement to cover those costs.
The parties therefore agree as follows:
Section 1. Employment of County
The Agency engages County to collect assessments as provided in this agreement ,
which includes performing professional, technical, and staff services and providing assistance
as described in this agreement.
Section 2. Scope of Services
Upon the request of the Agency 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 the Agency
A Except as 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
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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 inc lud ing allowable costs of the County , as provided in Exhib it 3 , for the services rendered
6 under this ag reement , excep t that in any case the total amount pa id by the Agency for the
7 col lect ion of any assessment shall not exceed one-fourth of one percent (0 .25 %) of all money
8 collected .
9 If the Agency is a spec ial district , the compensation under this section is a collection fee
10 under Government Code section 29142 .
11 Section 5. Method of Payment
12 Beginn ing fiscal year 2018-2019 , the Agency will reimburse the County for all costs
13 incurred in performing the serv ices 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 compensat ion for services rendered under this agreement. The
16 County will item ize all costs incurred , deducted , and retained and will provide that itemization to
17 the Agency w ith the remittance advice for the apport ionment.
18 Section 6. Records
19 The County shall ma intain complete and accurate records with respect to costs incurred
20 under th is agreement. All such records shall be maintained on a generally-accepted accounting
2 1 bas is and sha l l be clearly ident ified and readily accessible . The County shall provide to the
22 autho r ized representatives of the Agency free access to such books and records at all proper
23 times , and t he right to audit the same , and to make transcripts therefrom as necessary, and to
24 a ll ow inspect ion of all work , data , documents , proceedings , and activities related to the
25 performance of th is 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 sha ll ma inta i n records to show actual time and allowable costs subm itted for re i mbursement
28 w ith respect to t he scope of se rv ices set fo rt h here in .
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1 Section 7. Changes to the Agreement
2 This agreement may not be modified except in writing signed by both parties .
3 Section 8. Term
4 This agreement is effect ive 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 either party
6 g ives w r itten 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 g iv i ng written
9 notice of such termination to the other party and specifying an effect ive date of termination that
10 is not less t han 30 days afte r the notice is given . If the agreement is terminated as provided in
11 this Secti on 9 , the County shall be reimbursed its a ll owable 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 th is 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 Articles XIII C and XIII D of the California Const itut ion (Propos it ion
18 218 ) and under the Benefit Assessment Act of 1982 (Government Code 54703 et seq .). The
19 Agency also agrees to reaffirm in writing the validity of the taxes , fees , or assessments each
20 time it requests services under Section 2 of this agreement.
21 Section 11. Release
22 The Agency hereby re leases and fo rev er discharges the County and it s officers , agents ,
23 and employees from any and a ll 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 implement ing the collection of such assessments as contemplated in this agreement.
27 Section 11.5. Insurance
28 Witho ut limiti ng the COUNTY's right to obtain indemn ification from the Agency or any
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third part ies , the Agency , at its sole expense , shall maintain in full force and effect, the
2 fol lowing insurance po licies or a program of self-insurance , includ ing but not lim ited to , an
3 insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the
4 agreement:
5 A. Commercial General Liability
6 Commercial General Liability Insu rance with limits of not less than One Million Dollars
7 ($1 ,000 ,000) per occurrence and an annual aggregate of Two Million Dollars ($2 ,000 ,000 ).
8 This policy shall be issued on a per occurrence basis . COUNTY may require specifi c
9 coverages including completed operations , products liability , contractual liability , Exp los ion-
10 Co ll apse-Underground , fire legal liability or any other liability insurance deemed necessary
11 because of the nature of this contract.
12 B. Automobile Liability
13 Comp rehen sive Automobile Liab ility Insurance with li mits for bodily injury of not less
14 than Two Hundred Fifty Thousand Dollars ($250 ,000 .00) per person, Five Hundred Thousand
15 Dollars ($500 ,000 .00) per accident and for property damages of not les s than Fifty Thousand
16 Dollars ($50 ,000 .00), or such coverage w ith a combined single limit of Five Hundred Thousand
17 Do ll ars ($500 ,000.00). Cove rage should include owned and non-owned veh icles used in
18 connection w ith this agreement.
19 C . Professional Liability
20 If the Agency employs lice nsed professional staff, (e .g ., Ph .D ., R.N ., L.C .S.W.,
21 M .F .C .C .) in prov iding serv ices , Profess ional Liability Insurance with limits of not le ss than One
22 Million Dollars ($1 ,000 ,000 .00) per occurrence , Three Million Dollars ($3,000 ,000 .00) annual
23 aggregate .
24 D . Worker's Compensation
25 A policy of Worker's Compensation insurance as may be require d by the California
26 Labor Code .
27 The Agency shall obtain endorsements to the Commercial Genera l Liability in surance
28 naming the County of Fresno , its officers , agents , and employees , individually and collectively ,
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as addit ional insured , but on ly insofar as the operations under this agreement are concerned.
2 Such coverage fo r additional insured shall apply as primary insurance and any other insurance ,
3 or self insurance , maintained by COUNTY , its officers , agents and emp loyees shall be excess
4 only and not cont ri buting with in surance provided under the Agency 's policies herein. This
5 insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
6 written notice given to COUNTY.
7 W ithin Thirty (30) days from the date the Agency signs and executes this agreement ,
8 the Agency shall provide certificates of insurance and endorsement as stated above for all of
9 the foregoing policies , as required herein , to the County of Fresno , Auditor-
1 O Control ler/Treasurer-Tax Co ll ector , P.O . Bo x 1247 Fresno , CA 93715 , stating that such
11 insurance coverage have been obtained and are in full force ; that the County of Fresno, its
12 officers , agents and employees will not be responsible for any prem ium s on the policies; that
13 such Commerc ial General Liability insurance names the County of Fresno , its officers , agents
14 and employees , individually and collectively , as additional insured , but only insofar as the
15 operations under this Agreement are concerned ; that such coverage for addit ional insured shall
16 apply as primary insurance and any other insurance , or self-insurance , maintained by
17 COUNTY , its officers , agents and employees , shall be excess only and not contributing with
18 insurance provided under the Agency 's po licie s herein ; and that this insurance shall not be
19 cancel le d or changed w ithout a min imum of thirty (30) days advance , written notice given to
20 COUNTY.
21 In the event the Agency fails to keep in effect at all times insurance coverage as herein
22 provided , the COUNTY may , i n addition to other remed ies it may have , suspend or terminate
23 this Agreement upon the occurrence of such event. All policies sha ll be issued by admitted
24 insurers licensed to do bus iness in the State of California , and such insurance shall be
25 purchased from companies possessing a current A.M . Best , Inc . rating of A FSC VII or better.
26 Section 12. Hold Harmless
27 The Agency shall defend the County and hold the County harmless from all liability ,
28 cla im s , or damages incurred as a result of any action taken by the Agency in establishing any
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1 tax , fee, or assessment, and imple menting the collection of such taxe s , fees , or assessments
2 as contemplated in thi s agreement .
3 Section 13. Construction
4 The final form of this agreement is the result of the parties ' combined efforts . If anything
5 i n this agreement is found by a court of competent juri sd iction to be ambiguous , that ambigu ity
6 is to be resolved by construing the terms of this agreement according to the ir generally
7 accepted meaning , and not by construing the terms of this agreement for or against either party .
8 Section 14. Headings
9 The headings and sect ion titles in this agreement are for convenience only and are not
10 part of this agreement.
11 Section 15. Severability
12 If anything in this agreement is found by a court of competent jurisdiction to be un la wful
13 or otherwise unenforceable , the balance of this agreement rema in s in effect.
14 Section 16. No Waiver
15 Payment , change , waiver, or discharge of any liability or obl igation of the Agency under
16 this agreement on any one or more occasions is not a waiver of performance of any continuing
17 or other obl igat ion and does not prohibit enforcement by the County of any ob li gation on any
18 other occas ion .
19 Section 17. Entire Agreement
20 This agreement is the entire agreement between the Agency and the County with
21 respect to the subject matter of this agreement , and it supersedes all previous negotiations ,
22 proposals , commitments , writ ings , advertisements , publications , and understand ings of any
23 nature unless those things are expressly included in this agreement.
24 Section 18. Counterparts
25 This agreement may be signed in counterparts , each of wh ich is an original , and all of
26 which together constitute th is agreement.
27 [SIGNATURE PAGE FOLLOWS]
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1 IN WITNESS WHEREOF , the parties hereto have executed this agreement as of the
2 day and year first hereinabove written .
3 AGENCY
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7 Print Name & Title
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FOR ACCOUNTING USE ONLY :
ORG No .:
Account No .:
Requ isi t ion No .:
By :
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COUNTY OF FRESNO
Attest:
Bernice E . Seidel
erson of the Board
County of Fresno
Clerk of the Board of Supervisors
County of Fresno , State of California
Exhibit 1
2 General Scope of Services
3 The Auditor-Controller/Treasurer-Tax Collector's duties include fiscal functions , which
4 serv ices include , but are not lim ited to :
5 1. Enrolling the assessment by parcel on the property tax bills , billing the taxpayers ,
6 the co ll ect ion process , roll changes as needed by parcel , apport ionment of the collected
7 assessment to the Agency and report ing and maintaining records of all financ ial transactions
8 for the assessment process by parcel.
9 2 . Separately accounting for the Agency funds and maintaining records of
1 O expend itures , revenues and investments in accordance with administrative code requirements
11 and state and federal regu lat ions .
12 The Agency shall reimburse the Auditor-Controller/Treasurer-Tax Collector for costs
13 . incurred for serv ices prov ided 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 • Accou ntin g/Apportionment/Admin istrat ion : Actual Staff hourly rates on MSF (as that
17 term is defined below), and as prov ided in Exhibit 3
18 Account in g , Legal and Administrat ion 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 port ions of the MSF as of the date this agreement is s igned are shown
21 on Exhibit 2 for the Auditor-Controller/ Treasurer-Tax-Collector and County Counsel. The MSF
22 is rev ised ann ua lly and the revised rates apply to this agreement. Billi ng for
23 Accounting/Apportionment/Administration items would only be applicable for additional 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 sha ll provide:
28 • The statutory and any other legal authority for the assessment; and
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1 • A reso lution passed by the Agency 's governing board specifying parcels and
2 rate(s) or amount to be cha rge d and a list of authoriz ed personne l that may
3 make changes/corrections to assessments during or after fisca l year of
4 enrollment. The Agency needs to record the resolut ion in the Fresno County
5 Recorder's office before subm itting it to the County Auditor.
6 The Agency shall comply with all other adm inistrative instructions prov ided by the
7 County Aud itor each year.
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Exhibit 2
MA.!TER ICHrotn..E Of FEE-!., CRAROEl,.AND RECOVERED COITI
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SE CTION 600 -CO U NTY COU NSEL
! I
IFEE DE SCRIPTIO N F EE FEE SETIIN G YEAR EF FE CT IVE %OF REFERENCE !
A MOUNT AUTH O R ITY ADOPTED DAT E COST
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1 01.LEGA L SE RV ICES $122/hou r Board of 2015-16 7/6/15 100% Ord. #1 s-0 11 j
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Sup e rv isors
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Ch arged to othe r pub lic agencies and County departments w it h th ird party payer funds .
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3 A. Direct Costs
Exhibit 3
Allowable Costs for the County
4 1. Personnel
5 Direct costs for personnel are based on actual salary and benefits paid t o personnel , o r
6 based on the hourly charge s hown in th e County's Master Sched u le of Fees , Charges and
7 Cos ts Recovered , if applicable , for actua l time spent on the wo rk necess ary to fulfill the terms
8 of this ag ree ment . Time sha ll be recorded on th e time sheets regularly used by the County in
9 carrying out its ordinary wo rk apart from this agreement. No add iti onal or special forms for
10 recording hours spent on the tasks spec ified in this agreement a re required .
11 2. Travel Expenses and Subsistence
12 Where travel expenses and subs iste nce are d ir ectly related to the perfo rm ance of this
13 agreement , they are in clud ed in direct costs . Mileage for tr ips within the Fresno -Clovis
14 Metropol ita n area may be reimbursed , but a re covered under Sect ion 4 . B . of this agreement,
15 "Indirect Cos ts (Ove r head )." O ut-of-area transp ortat ion costs sha ll not exceed the cost of travel
16 by the most direct and econo mica l mode . Reimbursement for transportation by private
17 automobile shal l be at the rate ordinarily charg ed by the County in lieu of act u a l costs .
18 Re imbursement for lodging and me a ls shall be based on the ac tual cost incu rred by the
19 Co unty 's personnel , to not excee d the lim itatio ns applied by the County .
20 3. Other Direct Costs
21 Other direct costs include the costs of other material and services as may be required
22 under this agreement , but which are not normally provided as part of the overhead of County at
23 cost. S uch other m ate rials and services may in clude , but are not limi ted to , the following : rep ort
24 reproduction , purchase of maps and cha rt s , tel ephone expense , and specia lized educational
25 needs .
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B. Indirect Costs (Overhead)
Indirect costs are ca lculate d unde r Fede ral OMB Circu lar A-87 .
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