HomeMy WebLinkAboutAgreement A-18-518 with McMullin Area Groundwater Sustainability Agency.pdfAgreement No . 18-518
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AGREEMENT FOR THE COLLECTION OF FEES/CHARGES
This agreement, dated September 11 , 2018 ("Agreement"), is between the McMullin
3 Area Groundwater Sustainability Agency ("Agency") and the County of Fresno, a political subdivision
4 of the State of California (''County").
5 Recitals
6 The Agency has levied or expects to levy fees on properties within Fresno County. In this
7 Agreement, the word "fee" has the meaning given in Article XIII D, Section 6, of the California
8 Constitution, and California Water Code section 10730.
9 The County desires to recover from the Agency the County's costs for collecting those fees by
10 incorporating them into the collection of the general taxes of the County on property. For fees collected
11 by the County for any special district, excluding school districts, Government Code section 29142
12 authorizes the Board of Supervisors to establish a collection fee to cover those costs. For fees collected
13 by the County for a city, Government Code section 51800 authorizes an Agreement to cover those costs.
14 The parties therefore agree as follows:
15 Section 1. Employment of County
16 The Agency engages the County to collect fees as provided in this Agreement, which includes
17 performing professional, technical , and staff services and providing assistance as described in this
18 Agreement.
19 Section 2. Scope of Services
20 Upon the request of the Agency as provided in Exhibit l to this Agreement, the County shall
21 perform the services described in that Exhibit 1.
22 Section 3. County's Personnel and Working Relationship with the Agency
A. Except as provided in Exhibit I, 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.
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B. Except as provided in Exhibit I, none of the work or services covered by this Agreement :
shall be subcontracted by the County unless approved in writing in advance by the Agency . I
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1 Section 4. Compensation
2 The Agency shall pay, and the County shall receive, payment as provided in Exhibit 1, including
3 allowable costs of the County, as provided in Exhibit 3 , for the services rendered under this Agreement,
4 except that in any case the total amount paid by the Agency for the collection of any fee shall not exceed
5 one-fourth of one percent (0.25%) of all money collected .
6 If the Agency is a special district, the compensation under this section is a collection fee under
7 Government Code section 29142.
8 Section 5. Method of Payment
9 Beginning fiscal year 2018-2019, the Agency will reimburse the County for all costs incurred in
10 performing the services described in Exhibit 1. The County 's Auditor-Controller/Treasurer-Tax
11 Collector is authorized to deduct those costs from apportionments to the Agency and retain them a s
12 compensation for services rendered under this Agreement. The County will itemize all costs incurred ,
13 deducted, and retained and will provide that itemization to the Agency with the remittance advice for the
14 apportionment.
15 Section 6. Records
16 The County shall maintain complete and accurate records with respect to costs incurred under
17 this Agreement. All such records shall be maintained on a generally-accepted accounting basis and shall
18 be clearly identified and readily accessible . The County shall provide to the authorized representatives of
19 the Agency free access to such books and records at all proper times , and the right to audit the same, and
20 to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents ,
21 proceedings , and activities related to the performance of this Agreement for a period of three (3) years
22 from the date of final payment for work performed under this Agreement. 1n addition to the above
23 accounting records , the County shall maintain records to show actual time and allowable costs submitted
2:4 for reimbursement with respect to the scope of services set forth herein .
25 Section 7. Changes to the Agreement
26 This Agreement may not be modified except in writing signed by both parties .
27 Section 8. Term
28 This Agreement is effective on the date first written above through June 30, 2019 , and renews
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1 automatically for each fiscal year (July 1 through June 30) after, unless either party provides written
2 notice of nonrenewal no later than June 1.
3 Section 9. Termination
4 Either party may terminate this Agreement without cause at any time by giving written notice of
5 such termination to the other party and specifying an effective date of termination that is not less than 30
6 days after the notice is given . If the Agreement is terminated as provided in this Section 9 , the County
7 shall be reimbursed its allowable costs in accordance with Section 4 of this Agreement through the date
8 of termination .
9 Section 10. Representations and Warranties
10 The Agency represents and warrants that it has the authority to levy the taxes, fees , or
11 assessments that it levies , and that the County collects under this Agreement, and the Agency's levy of
12 those taxes , fees , or assessments complies with all requirements of state law , including but not limited to
13 Articles XlII C and XIII D of the California Constitution (Proposition 218) and Division 6, Part 2 .74 , of
14 the Water Code (Sustainable Groundwater Management Act). The Agency also agrees to reaffirm in
15 writing the -validity of the taxes , fee s, or assessments each time it requests s ervices under Section 2 of
16 this Agreement.
17 Section 11. Release
18 The Agency hereby releases and forever discharges the County and its officers, agents, and
19 employees from any and all claims, demands, liabilities, costs and expenses , damages, causes of action ,
20 and judgments, in any manner arising from the Agency 's responsibility under this Agreement, or other
21 action taken by the Agency in establishing any fee , and implementing the collection of such fees a s
22 contemplated in this Agreement.
23 Section 12. Hold Harmless
24 The Agency shall defend the County and hold the County harmless from all liability, claims , or
25 damages incurred as a result of an y action taken by the Agency in establishing any tax, fee , or
26 assessment, and implementing the collection of such taxes , fees , or assessments as contemplated in this
27 Agreement.
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1 Section 13. Construction
2 The final form of this Agreement is the result of the parties ' combined efforts. If anything in this
3 Agreement is found by a court of competent jurisdiction to be ambiguous , that ambiguity is to be
4 resolved by construing the terms of this Agreement according to their generally accepted meaning, and
5 not by construing the terms of this Agreement for or against either party .
6 Section 14. Headings
7 The headings and section titles in this Agreement are for convenience only and are not part of
8 this Agreement.
9 Section 15. Severability
10 If anything in this Agreement is found by a court of competent jurisdiction to be unlawful or
11 otherwise unenforceable, the balance of this Agreement remains in effect.
12 Section 16. No Waiver
13 Payment, change, waiver, or discharge of any liability or obligation of the Contractor under this
14 Agreement on any one or more occasions is not a waiver of performance of any continuing or other
15 ob ligation and does not prohibit enforcement by the SNIA of any .obligation on any other occasion.
16 Section 17. Entire Agreement
17 This Agreement is the entire Agreement between the Contractor and the SNIA with respect to
18 the subject matter of this Agreement, and it supersedes all previous negotiations, proposals,
19 commitments , writings , advertisements, publications, and understandings of any nature unless those
20 things are expressly included in this Agreement.
21 Section 18. Counterparts
22 This Agreement may be signed in counterparts , each of which is an original, and all of which
23 together constitute this Agreement.
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26 [SIGNATURE PAGE FOLLOWS]
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1 IN WITNESS WHEREOF , the parties hereto have executed this Agreement as of the day and
2 year first hereinabove written.
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Print Name & Title
286 W . Cromwell Avenue
Fresno, CA 93711
Mailing Address
FOR ACCOUNTING USE ONLY :
ORGNo .:
Account No .:
Requisition No.:
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By:
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COUNTY OF FRESNO
Attest:
irperson of the Board of
-~~~ County of Fresno
Bernice E . Seidel
Clerk of the Board of Supervisors
County of Fresno , State of California
-·· Deputy
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Exhibit 1
General Scope of Services
The Auditor-Controller/Treasurer-Tax Collector's duties include fiscal functions , which services
include, but are not limited to :
1. Enrolling the fee by parcel on the property tax bills , billing the taxpayers , the collection
process, roll changes as needed by parcel , apportionment of the collected fee to the Agency and
reporting and maintaining records of all financial transactions for the fee process by parcel.
2. Separately accounting for the Agency funds and maintaining records of expenditures,
revenues and investments in accordance with administrative code requirements and state and federal
regulations.
The Agency shall reimburse the Auditor-Controller/Treasurer-Tax Collector for costs incurred
for services provided including but not limited to the following:
• Fee enrollment to Property Tax System: $0 .17 per parcel
14 • Roll Changes as needed and approved by the Agency: $18.60 per parcel
15 • · Accounting/ Apportionment/ Administration: Actual Staff hourly rates on MSF (as that term is
16 defined below), and as provided in Exhibit 3
17 Accounting, Legal and Administration costs are based on the current Master Schedule of Fees ,
18 Charges, and Recovered Costs ("MSF ") approved by County of Fresno Board of Supervisors. Relevant
19 portions of the MSF as of the date this Agreement is signed are shown on Exhibit 2 for the Auditor-
20 Controller/ Treasurer-Tax-Collector and County Counsel. The MSF is revised annually and the revised
21 rates apply to this Agreement. Billing for Accounting/Apportionment/Administration items would only
22 be applicable for additional work that is requested by the Agency in addition to the normal fee
23 enrollment, collection fee and roll change duties.
24 Duties of Agency
25 The Agency by August I 0th or other agreed upon date each year shall provide:
26 • The statutory and any other legal authority for the fee ; and
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• A resolution passed by the Agency 's governing board specifying parcels and rate(s) or
amount to be charged and a list of authorized personnel that may make
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changes/corrections to fees during or after fisca l year of enro ll ment. The Agency needs
to record the resolutio n in the Fresno Co unty Recorder's office before submitting it to
the Co unty Auditor.
The Agency sha ll comply wi th a ll other administrative instruct ions prov ided by the County
Au d itor each year.
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Exhibit 2
liliUTBI ICHEDllLE OF FEU, E l , AND RECOVERED COi I
FEE CE'&CUTION
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SECTION 600 -COUNTY COUNSEL
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FEE DESCRIPT ION FEE FEE SETTING YEAR EFFECTIVE %OF REFERENCE I
AMOUNT AUTHORITY ADOPTED DATE COST
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001 .LEGAL SERVICES $122/hour Board of 2015-16 7/6/15 100% Ord . #!s-011 I
I
Supervisors I
Charged to other publ ic agencies and County departments w ith third party payer funds .
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A.
1.
Direct Costs
Personnel
Exhibit 3
Allowable Costs for the County
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 .B . of this Agreement, "Indirect Costs (Overhead)." Out-of-
area transportation costs shall. Hot exceed the cost of travel by the mo st 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
20 Other direct costs include the costs of other material and services as may be required under this
21 Agreement, but which are not normally provided as part of the overhead of County at cost. Such other
22 materials and services may include, but are not limited to , the following: report reproduction , purchase
23 of maps and charts, telephone expense, and specialized educational needs.
24 B. Indirect Costs (Overhead)
25 Indirect costs are calculated under Federal OMB Circular A-87.
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