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HomeMy WebLinkAboutAgreement A-18-519 with Waterworks District No. 18.pdfAgreement No . 18-519 1 AGREEMENT FOR THE COLLECTION OF SPECIAL ASSESSMENTS 2 This agreement, dated September 11 , 2018, is between Fresno County 3 Waterworks District No. 18 ("Agency") and the County of Fresno, a political subdivision of the 4 State 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 1 0 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. For 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 8. Except as provided in Exhibit 1, none of the work or services covered by this 1 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 sect ion 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 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 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 ma intain 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 prov ide 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 maintain records to show actual time and allowable costs submitted for reimbursement 28 with respect to the scope of services set forth herein . 2 1 Section 7. Changes to the Agreement 2 This agreement may not be modified except in writing signed by both part ies . 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 e ither party 6 gives written notice of nonrenewal no later than June 1. 7 Section 9. Termination 8 Either party may term inate 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 1 O is not less than 30 days after the notice is given . If the agreement is terminated as provided in 11 th is 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 Articles XIII C and XIII D of the Californ ia Constitut ion (Propos ition 18 218 ). The Agency also agrees t o reaffirm in w ri ting the validity of the taxes , fees , o r 19 assessments each time it requests services under Section 2 of this agreement. 20 Section 11. Re lease 21 The Agency hereby releases and forever discharges the County and its officers, agents , 22 and employees from any and all claims , demands , liabilities, costs and expenses , damages , 23 causes of act ion , and judgments, in any manner arising from the Agency's responsibility under 24 this agreement, or other action taken by the Agency in establish i ng any assessment, and 25 implementing the collection of such assessments as contemplated in this agreement. 26 Section 11.5. Insurance 27 Without l im iting the COUNTY's right to obtain indemnification from the Agency or any 28 third parties , the Agency , at its sole expense , shall maintain in full force and effect , the 3 1 following insurance policies or a program of self-insurance , including but not limited to, an 2 insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the 3 agreement: 4 A. Commercial General Liability 5 Commercial General Liability Insurance with limits of not less than One Million Dollars 6 ($1,000,000) per occurrence and an annual aggregate of Two Million Dollars ($2 ,000,000). 7 This policy shall be issued on a per occurrence basis . COUNTY may require specific 8 coverages including completed operations , products liability , contractual liability , Explosion- 9 Collapse-Underground , fire legal liability or any other liability insurance deemed necessary 10 because of the nature of this contract. 11 B. Automobile Liability 12 Comprehensive Automobile Liability Insurance with limits for bodily injury of not less 13 than Two Hundred Fifty Thousand Dollars ($250 ,000 .00) per person , Five Hundred Thousand 14 Dollars ($500 ,000 .00) per accident and for property damages of not less than Fifty Thousand 15 Dollars ($50 ,000 .00), or such coverage with a combined single limit of Five Hundred Thousand 16 Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in 17 connection with this agreement. 18 C . Professional Liability 19 If the Agency employs licensed professional staff, (e .g., Ph.D ., RN ., L.C.S .W ., 20 M.F.C .C .) in providing services , Professional Liability Insurance with limits of not less than One 21 Million Dollars ($1,000,000.00) per occurrence , Three Million Dollars ($3,000 ,000 .00) annual 22 aggregate . 23 D. Worker's Compensation 24 A policy of Worker's Compensation insurance as may be required by the California 25 Labor Code . 26 The Agency shall obtain endorsements to the Commercial General Liability insurance 27 naming the County of Fresno , its officers, agents, and employees , individually and collectively , 28 as additional insured, but only insofar as the operations under this agreement are concerned . 4 1 Such coverage for additional insured shall apply as primary insurance and any other insurance , 2 or self insurance , maintained by COUNTY, its officers, agents and employees shall be excess 3 only and not contributing with insurance provided under the Agency 's policies herein . This 4 insurance shall not be cancelled or changed without a minimum of thirty (30) days advance 5 written notice given to COUNTY . 6 Within Thirty (30) days from the date the Agency signs and executes this agreement , 7 the Agency shall provide certificates of insurance and endorsement as stated above for all of 8 the foregoing policies, as required herein , to the County of Fresno , Auditor- 9 Controller!Treasurer-Tax Collector, P.O . Box 1247 Fresno, CA 93715, stating that such 10 insurance coverage have been obtained and are in full force; that the County of Fresno, its 11 officers, agents and employees will not be responsible for any premiums on the policies; that 12 such Commercial General Liability insurance names the County of Fresno, its officers, agents 13 and employees , individually and collectively , as additional insured , but only insofar as the 14 operations under this Agreement are concerned ; that such coverage for additional insured shall 15 apply as primary insurance and any other insurance , or self-insurance, maintained by 16 COUNTY, its officers, agents and employees , shall be excess only and not contributing with 17 insurance provided under the Agency's policies herein ; and that this insurance shall not be 18 cancelled or changed without a minimum of thirty (30) days advance , written notice given to 19 COUNTY . 20 In the event the Agency fails to keep in effect at all times insurance coverage as herein 21 provided , the COUNTY may , in addition to other remedies it may have, suspend or terminate 22 this Agreement upon the occurrence of such event. All policies shall be issued by admitted 23 insurers licensed to do business in the State of California , and such insurance shall be 24 purchased from companies possessing a current A.M . Best, Inc. rating of A FSC VII or better. 25 Section 12. Hold Harmless 26 The Agency shall defend the County and hold the County harmless from all liability , 27 claims , or damages incurred as a result of any action taken by the Agency in establishing any 28 tax, fee, or assessment, and implementing the collection of such taxes, fees , or assessments 5 1 as contemplated in this agreement. 2 Section 13. Construction 3 The final form of this agreement is the result of the parties' combined efforts . If anything 4 in this agreement is found by a court of competent jurisdiction to be ambiguous , that ambiguity 5 is to be resolved by construing the terms of this agreement according to their generally 6 accepted meaning , and not by construing the terms of this agreement for or against either party . 7 Section 14. Headings 8 The headings and section titles in this agreement are for convenience only and are not 9 part of this agreement. 10 Section 15. Severability 11 If anything in this agreement is found by a court of competent jurisdiction to be unlawful 12 or otherwise unenforceable , the balance of this agreement remains in effect. 13 Section 16. No Waiver 14 Payment , change, waiver, or discharge of any liability or obligation of the Agency under 15 this agreement on any one or more occasions is not a waiver of performance of any continuing 16 or other obligation and does not prohibit enforcement by the County of any obligation on any 17 other occasion . 18 Section 17. Entire Agreement 19 This agreement is the entire agreement between the Agency and the County with 20 respect to the subject matter of this agreement , and it supersedes all previous negotiations , 21 proposals, commitments , writ ings , advertisements, publications , and understandings of any 22 nature unless those things are expressly included in this agreement. 23 Section 18. Counterparts 24 This agreement may be signed in counterparts, each of which is an original , and all of 25 which together constitute this agreement. 26 [SIGNATURE PAGE FOLLOWS] 27 28 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the 6 1 day and year first hereinabove written . 4 5 l't="-----'----'==..;..--=~........:.....___,.........:... _ ___,_ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOR ACCOUNTING USE ONLY: ORG No .: Account No .: Requisition No .: By : 7 Attest: hairperson of the Board rw.u:,=-, of the County of Fresno Bernice E . Seidel Clerk of the Board of Supervisors County of Fresno , State of California 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 taxpayers , 6 the collection process, roll changes as needed by parcel , apportionment of the collected 7 assessment to the Agency and reporting and maintaining records of all financial transactions 8 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 regulations. 12 The Agency shall reimburse 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 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 shall provide : 28 • The statutory and any other legal authority for the assessment ; and 8 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 resolution in the Fresno County 5 Recorder's office before submitting it to the County Auditor. 6 The Agency shall comply with all other administrative instructions provided by the 7 County Auditor each year. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Exhibit 2 WASTER ICHEDUlE Of FEU. a<AAOEI ... ND RECOVER£0 coan UCTIO N a.: -.. UDITCR..OONT ROWERITREJ.8URER F'EE O E~CRl!'T10N ACVJUNT C e"~ I .~U NT O.LE~ll .. ~NT CLE-'<1<111 A-c,;ouNT ... "1 I A-O.:.OONT". II ACOOUt.lTI NO ~~O FltV.\t:.~~ OMS.t'h CHIC:=- V J"'AUNTINO AND F1 V..~w~ M~ ... :.c::;: El<r~JTIVE EE~• •n¥ · c;zy,r : Ccu.EC Of\ FiE= I COLLE..CTICill ~ II CClL.=:-C C" FiE= Ill COt.LE-CTl"' F\E.= S...t.=ER '-1~0R TAX CO-..E CTI~ ~ E.1.'=Si:VlSOR. OE?U'T"" .~ -OR CGN~~R. OE.=t.IT" TRE.lo,S.~ f AX COt.t.:CT'""R I 'Fo:i::.'...'ATlCf\ :er_ "a'LliJ.. 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Personnel 5 Direct costs for personnel are based on actual salary and benefits paid to personnel , or 6 based on the hourly charge shown in the County's Master Schedule of Fees , Charges and 7 Costs Recovered , if applicable , for actual time spent on the work necessary to fulfill the terms 8 of this agreement. Time shall be recorded on the time sheets regularly used by the County in 9 carrying out its ordinary work apart from this agreement. No additional or special forms for 10 recording hours spent on the tasks specified in this agreement are required . 11 2. Travel Expenses and Subsistence 12 Where travel expenses and subsistence are directly related to the performance of this 13 agreement , they are included in direct costs . Mileage for trips within the Fresno-Clovis 14 Metropolitan area may be reimbursed , but are covered under Section 4 .B. of this agreement , 15 "Indirect Costs (Overhead)." Out-of-area transportation costs shall not exceed the cost of travel 16 by the most direct and economical mode . Reimbursement for transportation by private 17 automobile shall be at the rate ordinarily charged by the County in lieu of actual costs . 18 Reimbursement for lodging and meals shall be based on the actual cost incurred by the 19 County 's personnel , to not exceed the limitations applied by the County. 20 3. Other Direct Costs 21 Other d irect costs include the costs of other material and services as may be required 22 under this agreement , but wh ich are not normally provided as part of the overhead of County at 23 cost. Such other materials and services may include, but are not limited to, the following: report 24 reproduction , purchase of maps and charts , telephone expense , and specialized educational 25 needs . 26 B. Indirect Costs (Overhead) 27 Indirect costs are calculated under Federal OMB Circular A-87. 28 12