HomeMy WebLinkAboutSan Bernardino County Flood Control-2010-29 Exhibit B
1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
o STORMWATER PERMIT IMPLEMENTATION AGREEMENT
3 SANTA ANA REGION
4
5
6 This AGREEMENT entered into as of this [DATE] by the County of San Bernardino, (herein
7 called the COUNTY), the San Bernardino County Flood Control District (herein called the
8 DISTRICT), and the Cities of Big Bear Lake,Chino,Chino Hills,Colton, Fontana, Grand Terrace,
9 Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San
10 Bernardino, Upland, and Yucaipa (herein called the CITIES) establishes the responsibilities of
11 each party with respect to compliance with National Pollutant Discharge Elimination System
12 (NPDES) Stormwater regulations administered by the California Regional Water Quality
13 Control Board, Santa Ana Region (SARWQCB) by the authority granted by the federal Clean
14 Water Act (CWA) and its 1987 amendments and the Water Quality Act(WQA).
18
16 RECITALS
17
18 Whereas
19 Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342
20 (p)) to require the federal Environmental Protection Agency (EPA) to promulgate regulations
21 for applications for permits for stormwater discharges;and
23 Whereas
24 These permit regulations require the control of pollutants from stormwater discharges
25 by requiring a National Pollutant Discharge Elimination System (NPDES) Permit for the
26 discharge of stormwaters into waters of the United States;and
17
28 Whereas
29 These EPA regulations require NPDES permits for discharges from municipal separate
30 storm sewer systems (MS4 Permit) on a system-wide or jurisdiction-wide basis;and
31
32 Whereas
33 The State Legislature, in enacting the San Bernardino County Flood Control Act, created
34 the San Bernardino County Flood Control District to provide for the control of flood and storm
35 waters;and
36
37 Whereas
38 The Powers granted to the DISTRICT by the San Bernardino County Flood Control Act
39 include carrying on technical and other investigations, examinations, or tests of all kinds,
40 making measurements, collecting data, and making analyses, studies, and inspections
41 pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution,
42 waste,and contamination of water both within and without the DISTRICT; and
43
44 Whereas
45 The CITIES, the COUNT\ and the DISTRICT desire to develop and implement an
16 integrated stormwater discharge management program with the objective if irnprov ing eater
47 quality in the Santa Ana Watershed portion of San Bernardino County; and
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48
49 Whereas
;p The California State Water Resources Control Board (SWRCB) as designee of the EPA
51 has delegated authority to the Regional Water Quality Control Board - Santa Ana Region
52 (SARWQCB) for administration of the MS4 Permit program and issuance of MS4 Permits within
53 the boundaries of their Region; and
54
55 Whereas
56 The DISTRICT, COUNTY, and CITIES have been designated as joint permittees
(Permittees)by the SARWQCB for the MS4 Permit issued to the County of San Bernardino; and
58
59 Whereas
60 The DISTRICT has been designated as the Principal Permitee in the MS4 Permit; and
61
62 Whereas
63 The COUNTY and the CITIES have been designated as the Co-permittees in the MS4
64 Permit;and
65
66 Whereas
67 Cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file an
68 application for the MS4 Permit is in the best interest of the CITIES, the COUNTY, and the
69 DISTRICT;and
70
^t Whereas
2 The Permittees shall establish and maintain a Management Committee to coordinate
73 compliance with M54 Permit requirements and implement a Stormwater Management Program
74 across all jurisdictions covered by this MS4 Permit;and
75
76 NOW THEREFORE, the parties hereto do mutually agree as follows:
77
78 I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file the application for
79 an area-wide storm water permit. The COUNTY, the DISTRICT, and each individual
80 CITY will he a Permittee.
81
82
83 (I. Management Committee. The DISTRICT, as Principal Permittee, and COUNTY and
84 CITIES, as Co-permittees, shall support and facilitate compliance with area-wide MS4
35 Permit requirements and implementation of the Stormwater Management Program
86 through the workings of the Management Committee. The responsibilities and structure
87 of this committee shall include:
88
89
90
91 A. The purpose of the Management Committee shall be to develop policies,
42 (including goals, needs, and priorities) budgets, and implementation
y3 strategies and plans for the area-wide Stormwater Management Program
q4 to ensure compliance with the 1154 Permit. The Management Committee
•
95 shall evaluate implementation options and strategies and recommend
96 implementation actions to the DISTRICT.
97
98 B. Each Permittee shall designate in writing at least one authorized
99 representative and one alternate to participate on the Management
100 Committee. Management Committee designees and alternates shall be
101 authorized by their respective city council or governing board to cast
102 votes on behalf of their jurisdiction to determine Stormwater
103 Management Program budgets and all other program elements required
104 to implement the areawide Municipal Stormwater Management Plan
105 (MSWMP).
106
107 C. The Principal Permittee shall serve as the chairperson for the
108 Management Committee.
109
110 D. The Management Committee shall meet at least once each month, except
1 11 during the month of December.
112
113 E. Ten (10) authorized representatives present in person at a scheduled
114 meeting constitute a quorum for the transaction of business of the
115 Management Committee. If a quorum is not present at a scheduled
116 Management Committee meeting, less than a quorum may adjourn the
117 meeting. For all Management Committee actions other than approval of
118 the budget as set forth in Section VII.C.I. of this AGREEMENT, a
119 majority vote of the quorum shall decide any question brought before the
120 Management Committee for decision.
121
122 F. The Management Committee shall support Stormwater Management
123 Program implementation by providing guidance to the Principal Permittee
124 with respect to stormwater program administration and approving
125 elements of the area-wide MSWMP.
126
127 G. The Management Committee may establish subcommittees to support
128 the work of the Management Committee. Subcommittees shall include
129 interested members of the Management Committee, and/or other
130 Permittee staff with necessary expertise. Subcommittees may develop
131 recommendations for Management Committee consideration. Such
132 recommendations require majority approval by members of the
133 subcommittee on a one vote per Permittee basis.
134
135 H. Approval of Management Committee decisions will require a majority
116 vote of the authorized representatives or alternates In attendance. on a one
137 vote per Permittee basis. In the event that the Management Committee
138 does not approve a subcommittee recommendation, the item will be
139 directed back to the subcommittee for reconsideration.
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140 1. All parties to this AGREEMENT achieve cost savings by working
141 collectively to implement the areawide stormwater program. To
142 maximize these cost savings, the Permittees agree that:
143
144 1. Each authorized representative shall actively participate in at least
145 9 of 11 monthly Management Committee meetings;
146
147 2. Each Permittee shall actively participate in at least one
148 subcommittee, either through the authorized representative or
other authorized designee. Participation will be defined as
150 attendance at fifty percent (50%) or more of subcommittee
151 meetings held in a given fiscal year.
152
153
154 III. Principal Permittee Responsibilities.
155
156 The DISTRICT,acting through its Board of Directors, is the Stormwater Program Administrator
157 for purposes of this AGREEMENT. The District shall have administrative responsibilities and
158 shall be reimbursed for its time expended on behalf of the Stormwater Program. These rates
159 include actual hourly rate plus overhead. Materials are to be reimbursed at direct cost.
160
161 The DISTRICT, while acting as administrator, will strive to implement the policies,budget,and
162 required program elements according to the recommendations of the Management Committee.
• 1 In turn, the Management Committee will work in good faith with the DISTRICT to make
I o4 reasonable policy,budget and required program element recommendations to the
165 DISTRICT. The Parties recognize and acknowledge,however, that the DISTRICT, as governed
166 by the San Bernardino County Board of Directors,retains final authority regarding the nature
167 and manner in which the recommendations of the Management Committee shall be executed.
168
169 In the event that the DISTRICT proposes to implement an approach different than the one
170 recommended by the Management Committee,the DISTRICTs proposed alternative action
171 shall be communicated to the Management Committee at the next available meeting of the
172 Management Committee. If the Management Committee approves the alternative action, then
173 the cost sharing provisions of this AGREEMENT shall govern the allocation of any costs
174 associated with that alternative action. If,in good faith, the Management Committee does not
175 approve the alternative action, the DISTRICT may implement the alternative action, but the
176 DISTRICT shall be solely responsible for paying the increased costs, if any, resulting from the
177 alternative action. This increased cost shall be measured by the difference between the cost of
178 the alternative action and the estimated cost of the action as reasonably recommended by the
179 Management Committee.
180
181 If the DISTRICTS proposed alternative implementation action involves an increase in program
182 costs, that alternative implementation action shall not he adopted until such time as each
I S3 authorized representative of the Management Committee has had 45 days to relay that
i 84 .,I terna rive implementation action to its various governing bodies for approval, CITIES and
185 COLN FY shall have no responsibility for the incremental increase in cost associated with an
4
186 alternative action that is not approved by the Management Committee after 45 days has passed
187 with the governing bodies failing to approve the alternative implementation action.
188
189
190
191 The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater
192 Management Program contracts and agreements with all consultants, contractors, vendors or
193 other entities as recommended by the Management Committee.
194
195 The DISTRICT, if recommended by the Management Committee, may act on behalf of the Co-
196 permittees as applicant in preparing and submitting grant proposals, and may act as
197 administrator for any awarded grant funds.
198
I99 The DISTRICT, if recommended by the Management Committee, will act on behalf of the
200 Stormwater Program as the contracting party and signatory in joint agreements with other
201 municipal stormwater programs and stakeholders for regional benefits and cooperation.
202
203 As the Principal Permittee under the MS4 Permit, the DISTRICT shall coordinate all area-wide
204 MS4 Permit activities and manage the Stormwater Management Program by:
205
206 A. Conducting chemical, biological and bacteriological water quality
207 monitoring on behalf of the areawide program as required by the MS4
208 Permit.
209
210 B. Implementing management programs, monitoring programs, and related
211 plans as required by the iv1S4 Permit.
212
213 C. Preparing and submitting to the Executive Officer (SARWQCB) unified
214 reports,plans, and programs necessary to comply with the MS4 Permit.
215
216 D. Coordinating and conducting Management Committee meetings as
217 specified in the MSWMP.
218
219 E. Taking the lead role in initiating and developing area-wide programs and
220 activities necessary to comply with the MS4 Permit.
611
222 F. Participating, as needed, in any subcommittees formed to facilitate MS4
223 Permit requirements.
224
225 G. Providing technical and administrative support and inform the Co-
226 permittees of the progress of other pertinent municipal programs, pilot
227 projects, research studies, and other information to facilitate
228 implementation of Co-permittees' stormwater program.
229
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230 H. Coordinating the implementation of area-wide Stormwater Management
231 Program activities such as a monitoring program, public education, and
232 pollution prevention.
233
234 1. Gathering and disseminating information on the progress of statewide
235 municipal stormwater programs and evaluate the information for
236 potential use in the execution of the MS4 Permit.
237
2z8 J. Monitoring the implementation of the plans and programs required by
the MS4 Permit and determine their effectiveness in attaining water
240 quality standards.
241
242 K. Coordinating with SARWQCB activities pertaining to implementation of
243 the MS4 Permit,including the submittal of all required reports, plans,and
244 programs.
245
246 L. Soliciting and coordinating public input for any major proposed
247 stormwater management programs and implementation plans.
248
249 M. Developing and implementing mechanisms, performance standards, etc.,
250 to promote consistent implementation of Best Management Practices
251 among the Permittees.
252
N. Cooperating in watershed management programs and regional and/or
754 statewide monitoring programs.
255
256 IV. Co-permittee Responsibilities. The Co-permittees shall support the Principal Permittee
257 by:
258
259 A. Preparing and submitting to the Principal Permittee in a timely manner
260 all required information necessary to comply with permit reporting
261 requirements. Timely completion of Permittee annual report
262 information is considered meeting the deadline if received on or before
263 September 15th of each reporting year.
264 B. Notifying the Principal Permittee immediately,in writing, of any
265 changes to the designated representative to the Management
266 Committee.
267 C. Reviewing and commenting on all plans, strategies, management
268 programs, and monitoring programs, as developed by the Principal
269 Permittee or a subcommittee of the Management Committee.
770 D. Conducting and/or coordinating with the Principal Permittee on any
'71 surveys or characterizations needed to identity pollutant sources from
`77 .pecific drainage areas.
,7i
6
274 V. Compliance Responsibilities. The DISTRICT, COUNTY and CITIES are individually
275 responsible for implementing all MS4 Permit requirements within their respective
276 jurisdictions. The Management Committee does not assume any responsibility for
277 implementing the Stormwater Management Programs for the Principal Permittee or any
278 other Permittee or for ensuring that the Principal Permittee or the Co-permittees
279 implement programs consistent with the recommendations of the Management
280 Committee.
281
282 VI. Indemnification and Insurance. Each party shall indemnify, defend, and hold harmless
283 the other parties to this AGREEMENT from and against any and all liability and expense
284 arising from any act or omission of the indemnifying party, its authorized officers,
285 employees, agents, and volunteers in connection with the performance of this
286 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal
287 fees, claims, actions, damages, liability, and causes of action for damages of any nature
288 whatsoever; provided, however, that no party shall indemnify another party for that
289 party's own negligence or willful misconduct.
290 In the event a party, or parties, to this AGREEMENT is/are found to be comparatively at
291 fault for any claim,action, loss or damage which results from their respective obligations
292 under this AGREEMENT, the party,or parties shall indemnify the other party/parties to
293 the extent of its/their comparative fault. Furthermore, if a party attempts to seek
294 recovery from the other for Workers' Compensation benefits paid to an employee, the
295 parties agree that any alleged negligence of the employee shall not be construed against
296 the employer of that employee.
297 The parties to this AGREEMENT are authorized self-insured public entities for purposes
298 of Professional Liability, Automobile Liability, General Liability, and Workers'
299 Compensation and warrant that through their programs of self-insurance, they have
300 adequate coverage or resources to protect against liabilities arising out of their
301 performance under this Agreement.
302
303
304
305
306 VII. Program Costs. The responsibilities for payment of all shared costs of equipment,
307 services, contracted analytical services, and the cost of implementing the MI54 Permit,
308 shall he distributed among the DISTRICT,COUNTY, and CITIES as follows:
309
310 A. The DISTRICT shall contribute 5% of the annual Program Costs; the other
311 Permittees shall be responsible for the remaining 95% of the Program
312 Costs.
313
314 B. The annual budget shall separate program costs into four Program Areas:
315
316 1. Monitoring, which shall include any water quality and
317 hvdrographic monitoring and laboratory analyses.
318
t 1 q _. Public aluoawn, which shall include all public outreach programs.
320
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321 3. Program Management & Regulntonj Activities, which includes
322 administrative, reporting and regulatory activities.
323
324 4. Training, which addresses any training conducted to implement
325 the stormwater management program.
326
327 C. The Principal Permittee shall prepare and implement an annual operating
328 budget with the participation of the Permittees. The budget year shall
129 coincide with the fiscal year of the DISTRICT,July 1 -June 30.
3
331 1. The Principal Permittee will forward the annual operating budget
332 for the forthcoming year to the Co-permittees for review and
333 approval. The review period shall be from the first business day of
334 November to the first business day of December of each year.
335 During the review period, the Co-permittees may provide written
336 comments on the budget to the Principal Permittee. The Fiscal
337 Subcommittee will review the comments on the budget and
338 endorse a draft budget for Management Committee approval. The
339 Management Committee will consider the draft budget for
340 approval at the January meeting. An affirmative response from a
341 majority of the total number of authorized representatives or
342 authorized alternates is required for approval.
343
D. For Fiscal Year 2010/11, the Permittees cost share shall be as follows:
PERMITTEE PERCENTAGE SHARE
Big Bear Lake 1.98
Chino 4.59
Chino Hills 5.08
Colton 3.48
Fontana 7.45
Grand Terrace 0.80
Highland 2.21
Loma Linda 1.36
Montclair 2.19
Ontario 1 1.99
Rancho Cucamonga 9.81
Redlands 4.84
Rialto 5.58
San Bernardino 12.13
Upland 5 05
i_ry s4 rt'mt,liticn a S
PERMITTEE PERC ENTAGE SHARE
Yucaipa 3.42
County 13.04
District 5.00
TOTAL 100
345
346 E. For Fiscal Year 2011/12, and all subsequent fiscal years the Permittees
347 cost share shall be determined annually according to the methodology
348 provided in Appendix A.
349 F. For Fiscal Year 2011/12, and all subsequent fiscal years, the Permittees
350 annual cost share shall be calculated by November 1 of each year and
351 shall be included in the annual budget proposal.
352 G. The DISTRICT shall invoice each CITY and the COUNTY for its annual
353 deposit after July 1, the start of the fiscal year. Each CITY and the
354 COUNTY shall pay the deposit within 30 days of the date of the invoice.
355 Each CITY's and the COUNTY's deposit shall be based on their prorated
356 share of the approved annual budget, reduced for any surplus identified
357 in the prior fiscal year-end accounting.
358 H. The DISTRICT shall make reasonable efforts to inform the Management
359 Committee during the fiscal year of potential exceedances of the approved
360 budget that may require the Parties to increase the deposits. If at any time
361 during a fiscal year the program costs exceed the sum of the deposits, the
362 DISTRICT shall submit invoices to the CITIES and the COUNTY to
363 recover the deficit. The share for each CITY and the COUNTY shall be
364 prorated according to the formula above (see Paragraphs D and E of this
365 Section). Each CITY and COUNTY shall pay the invoice within 30 days of
366 the billing date.
367
368 I. The DISTRICT shall prepare a fiscal year end accounting at the end of
369 each fiscal year and distribute copies to the Permittees for their review by
370 October 31 of that year. Permittees shall have 30 calendar days from the
371 date of their receipt of the fiscal year end accounting to dispute in writing
373 or concur with the findings. If the fiscal year end accounting results in
373 costs exceeding the sum of the deposits (including interest earnings), the
374 DISTRICT shall invoice each CITY and the COUNTY for its prorated
375 share of the excess cost. Each CITY and the COUNTY shall pay the pilling
376 within 30 days of the date of the invoice. If the fiscal year end accounting
377 results in the sum of the deposits (including interest earnings) exceeding
9
378 costs, the excess deposits will carry forward to reduce the billings for the
379 following year.
380
381 J. Upon termination of the program, a final accounting shall be performed
382 by the DISTRICT. If costs exceed the sum of the deposits (including
383 interest earnings), the DISTRICT shall invoice each CITY and the
384 COUNTY for its prorated share of the excess. Each CITY and the
385 COUNTY shall pay the invoice within 30 days of the date of the invoice.
386 If the sum of the deposits (including interest earnings) exceeds the costs,
3 the DISTRICT shall reimburse to each CITY and the COUNTY its
388 prorated share of the excess (including any interest earnings remaining),
389 within 30 days of the final accounting.
390
391 IC Each CITY and the COUNTY shall bear the financial responsibility for
392 implementing the program within its jurisdictional boundaries, including
393 any applicable MS4 permit fees,as outlined in Section V .
394
395 L. The annual administrative costs (includes actual hourly rate plus
396 overhead) incurred by the DISTRICT shall be included in the budget for
397 the Areawide Program Costs and paid according to this Section, Section
398 III and Appendix A.
399
400 M. The financial responsibility for this AGREEMENT will be effective on the
401 date this AGREEMENT takes effect.
4..
403 VIII. Term of the AGREEMENT. The term of the AGREEMENT coincides with the term of
404 the current MS4 Permit (Order No. R8-2010-0036). The renewal process of the
405 Implementation Agreement shall begin at the same time as the initiation of the Report of
406 Waste Discharge renewal and shall be completed within 6 months from the SARWQCB
407 approval date of the MS4 Permit that follows Order No. R8-2010-0036. This
408 AGREEMENT shall therefore take effect on the date it is approved by all parties and
409 shall terminate 6 months after SARWQCB approval of the M54 Permit that follows
410 Order No. R8-2010-0036.
411 IX. Additional Parties. Any city or other entity which wishes to be a Permittee on the San
412 Bernardino County MS4 Permit that was issued by SARWQCB shall agree to the
413 provisions in this funding agreement and shall sign this AGREEMENT prior to being
414 included in the permit. The date of initiation, for determining participant costs for any
415 new Permittee shall he the date of inclusion in the San Bernardino County MS4 Permit
416 issued by SARWQCB. The cost for adding any additional Permittee to the program,
417 including additional permit and processing fees, shall be paid by the added Permittee.
418 Nlonies, if any, to be reimbursed to the existing Permittees shall he credited to their
419 respective annual program operating fees for the following budget year.
420
421 X. Withdrawal from the AGREEMENT. A Permittee may withdraw from this
422 AGREEMENT at the end of any fiscal year with written notice being received by the
423 DISTRICT ul) days prior to the end of the fiscal year. A withdrawing Permittee will not
424 be allowed retunds tor tasks, projects or studies already underway in which funds have
In
425 been obligated for the fiscal year. Upon completion of tasks, projects or studies
426 undertaken or on-going, if any funds are not expended, a refund of the share of the
427 balance shall be paid within sixty (60) days thereafter to the withdrawing Permittee.
428
429 The withdrawing Permittee shall be responsible for all assessed penalties as a
430 consequence of withdrawal. The cost allocations to the remaining members will be
431 calculated in the following budget year.
432
433 XI. Breach. Failure to comply with the terms of this AGREEMENT is a breach of the
434 agreement. If a breach is not cured within ninety (90) days after receiving a notice to
435 cure the breach by a permittee, permittee in breach may be terminated from this
436 AGREEMENT by a majority vote of the Management Committee.
437
438 XII. Non-compliance with MS4 Permit Requirements. Any Permittee found in non-
439 compliance with the conditions of the MS4 Permit within their jurisdictional
440 responsibilities shall be solely liable for any assessed penalties, pursuant to Section
441 13385 of the Water Code. Penalties that apply to all the Permittees shall be assessed
442 according to the formula in Appendix A.
443
444 XIII. Legal Action/Costs/Attorney Fees. Where any legal action is necessary to declare any
445 party's rights hereunder or enforce any provision hereof for any damages by reason of
446 an alleged breach of any provisions of this AGREEMENT, each party shall bear its own
447 attorney's fees and costs incurred in conjunction with such legal action regardless of
448 who is found to be the prevailing party. This section shall not apply to those costs and
449 attorney's fees arising from any third party legal action against a party hereto and
450 payable under Section VI, Indemnification and Insurance.
451
452 XIV. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent to
453 a two-thirds majority of the Permittees (rounded to the nearest whole number).
454 Amendments to this AGREEMENT may be adopted and executed concurrently, and
455 shall become effective upon its execution by a majority of the Permittees as defined
456 above.
457
458 XV. Authorized Signatories: Each Permittee will determine by either resolution or ordinance
459 who will be the authorized signatory. This person shall be authorized to execute the
460 application(s) for MS4 Permit(s) and take all other procedural steps necessary to file the
461 application(s) for MS4 Permits.
462
463 XVI. Notices. All notices shall be deemed duly given if delivered by hand;or five (5) working
464 days after deposit in the U.S. Mail, certified mail,return receipt requested.
465
466 XVII. Governing Law, This AGREEMENT will be governed and construed in accordance with
467 laws of the State of California. If any provision or provisions of this AGREEMENT shall
468 he held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of
469 the remaining provisions shall not in any way he affected or impaired hereby. Any legal
470 action which arises out of or is in any way related to this AGREEMENT shall he brought
.471 in the Superior Court of the County of San Bernardino.
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472
473 XVIII. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived
474 and no breach excused, unless such waiver or consent shall he in writing and signed by
475 any Permittee to have waived or consented. Any consent by any Permittee to, or waiver
476 of, a breach by the other whether expressed or implied, shall not constitute a consent to,
477 waiver of,or excuse for any other different or subsequent breach.
478
479 XIX. American Recovery and Reinvestment Act of 2009 ("ARRA•').. DISTRICT, while acting
480 as the Stormwater Program Administrator, shall include in any contract funded in
whole,or in part, by ARRA provisions that substantially conform to the following:
482
483 A. Use of ARRA Funds and Requirements. This Contract may he funded in
484 whole or in part with funds provided by the American Recovery and
485 Reinvestment Act of 2009 (''ARRA"), signed into law on February 17,
486 2009. Section 1605 of ARRA prohibits the use of recovery funds for a
487 project for the construction, alteration, maintenance or repair of a public
488 building or public work (both as defined in 2 CFR 176.140) unless all of
489 the iron, steel and manufactured goods (as defined in 2 CFR 176.140)
490 used in the project are produced in the United States. A waiver is
491 available under three limited circumstances: (i) Iron, steel or relevant
492 manufactured goods are not produced in the United States in sufficient
493 and reasonable quantities and of a satisfactory quality; (ii) Inclusion of
494 iron, steel or manufactured goods produced in the United States will
.• 'c increase the cost of the overall project by more than 25 percent; or (iii)
„u Applying the domestic preference would be inconsistent with the public
497 interest. This is referred to as the "Buy American" requirement. Request
498 for a waiver must be made to the DISTRICT for an appropriate
499 determination.
500 Section 1606 of ARRA requires that laborers and mechanics employed by
501 contractors and subcontractors on projects funded directly by or assisted
502 in whole or in part by and through the Federal Government pursuant to
503 ARRA shall be paid wages at rates not less than those prevailing on
504 projects of a character similar in the locality as determined by the
505 Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31).
506 This is referred to as the "wage rate" requirement.
507
508 The above described provisions constitute notice under ARRA of the Buy
509 American and wage rate requirements. Contractor must contact the
510 DISTRICT contact if it has any questions regarding the applicability or
511 implementation of the ARRA Buy American and wage rate requirements.
511 Contractor will also he required to provide detailed information
513 regarding compliance with the Buy American requirements, expenditure
514 of funds and wages paid to employees so that the DISTRICT may fulfill
5 1 5 any reporting requirements it has under ARRA. The information may he
516 required as frequently as monthly or quarterly. Contractor agrees to tully
517 cooperate in providing information or documents as requested by the
518 DISTRICT pursuant to this provision. Failure to do so will he deemed a
r
519 default and may result in the withholding of payments and termination
520 of this Contract.
571 Contractor may also be required to register in the Central Contractor
522 Registration (CCR) database at httD://www.ccr.gov and may be required
523 to have its subcontractors also register in the same database. Contractor
524 must contact the DISTRICT with any questions regarding registration
525 requirements.
526
527 B. Schedule of Expenditure of Federal Awards. In addition to the
528 requirements described in "Use of ARRA Funds and Requirements,"
529 proper accounting and reporting of ARRA expenditures in single audits
530 is required. Contractor agrees to separately identify the expenditures for
531 each grant award funded under ARRA on the Schedule of Expenditures
532 of Federal Awards (SEFA) and the Data Collection Form (SF-SAC)
533 required by the Office of Management and Budget Circular A-133,
534 "Audits of States, Local Governments, and Nonprofit Organizations."
535 This identification on the SEFA and SF-SAC shall include the Federal
536 award number, the Catalog of Federal Domestic Assistance (CFDA)
537 number, and amount such that separate accountability and disclosure is
538 provided for ARRA funds by Federal award number consistent with the
539 recipient reports required by ARRA Section 1512(c).
540 In addition,Contractor agrees to separately identify to each subcontractor
54 I and document at the time of sub-contract and at the time of disbursement
542 of funds, the Federal award number, any special CFDA number assigned
543 for ARRA purposes,and amount of ARRA funds.
544 Contractor may be required to provide detailed information regarding
545 expenditures so that the DISTRICT may fulfill any reporting
;46 requirements under ARRA described in this section. The information
;47 may be required as frequently as monthly or quarterly. Contractor agrees
;48 to fully cooperate in providing information or documents as requested by
;49 the DISTRICT pursuant to this provision. Failure to do so will be deemed
;50 a default and may result in the withholding of payments and termination
;51 of this Contract.
;52
:53
;54 XX. Applicability of Prior Agreements. This document constitutes the entire AGREEMENT
.55 between the Permittees with respect to the subject matter; all prior agreements,
56 representation, statements,negotiations,and undertakings are superseded hereby.
57
58 XXI. Execution of the AGREEMENT. This AGREEMENT may be executed in counterpart
59 and the signed counterparts shall constitute a single instrument.
60
fit XXII. No Separate Entity. This AGREEMENT established a framework for PER3IITTEE
61 cooperation on storm water issues. Nothing in this AGREEMENT shall he construed to
63 create an entity separate from the local agencies that join in this cooperative effort.
64
13
565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first
566 above written.
567
568 PLEASE INSERT YOUR AGENCY'S STANDARD SIGNATURE PAGE.
569
14
570 APPENDIX A
571
572 A. The DISTRICT shall pay five percent(5%) of the total annual cost,and the COUNTY and
573 the remaining Co-permittees,collectively,shall pay the remaining ninety-five percent
574 (95%) of the total annual cost pursuant to the formula set forth in Paragraph C,below.
575
576 B. The Permittees total annual cost share is the sum of the individual cost-shares calculated
577 for each Program Cost Area.
578
579 C. The Permittees annual cost share for each Program Cost Area(PCA;)shall be calculated
580 using three cost factors:
581
582 1. Base, which represents the percentage of the program costs equally applied to all
583 Permittees.The base (B) fraction is calculated as follows:
584
585 B = 1/N,where N=number of Permittees
586
587 2. Relative Population, which represents the percentage of the program costs based
588 on the relative population of each Permittee. Relative population (RP) of each
589 Permittee shall be calculated annually from annual population estimates issued
590 by the California Department of Finance (E-1 Table).
591
592 RP,= (P;/P,,,,,),where
593
594 RP = relative population of Permittee (i)
595 P,= population of Permittee (i)
596 P,„ i = total population for area covered by the area-wide permit
597
598 3. Relative Land Area, which represents the percentage of the program costs based
599 on the relative land area of each Permittee. Relative Land Area (RLA)shall be
600 calculated as follows:
601
602 a. The calculation of relative land area within each Permittee's jurisdiction
603 shall exclude land under tribal, state or federal jurisdiction, or any land
604 excluded by the State Water Resources Control Board. Any Permittee
605 seeking to exclude lands under this Se lion shall specifically request that
606 exclusion from the Principal Permittee by providing the request in
607 writing along with necessary documentation no later than October 1 to he
608 considered for inclusion in the next Year's annual budget. The requesting
609 Permittee has the burden of proving entitlement to any exemption so
610 requested.
611
612 h. The method for calculating relative land area shall be determined from
6 I 3 the Assessor's Parcel data provided by the COUNTY Information
614 5ervices Department.
615
616 RLA; = (L,/L,,,,,i), where
_.E.....My ImaimerIaIicn am F.raF_Eanao, I5
617
618 RLA, =relative land area of Co-permittee (i)
619 L; = land area of Co-permittee (i), less excluded lands
620 Liao] = total land area under permit jurisdiction
621
622 D. The Permittee's cost share for each individual Program Cost Area is based on the
623 relative importance of the cost factors to the Program Cost Area as identified in budget
624 year-specific Tables 1, 2 and 3. The cost share calculation for each Program Cost Area,
625 which will be phased in over a three year period as shown in Tables 1, 2 and 3,is as
6: follows:
627
628 PCA,= ((B*X; * AB,) + (RP,*Y,*AB,) + (RLA;*Z,* AB;)J
629
630 Where,
631
632 PCA,= Permittee's cost share for PCA,
633 AB, = Annual budget for PCA;
634
635 B= Base fraction for each Permittee
636 X, = Percentage apportioned to the base for PCA,
637
638 RP, = Relative population of Permittee(,)
639 Y,= Percentage apportioned to relative population for PCA,
6a"
61/2_ RLA, = Relative land area of the Permittee(;)
642 Z; = Percentage apportioned to relative land are for PCA,
643
644 E. The Permittee's total annual cost share shall be calculated by summing the cost shares
645 calculated for each individual Program Cost Area:
646
647 Permittee's annual cost share=PCA1 + PCA2 + PCA. + PC.44
648
Table 1. Budget Year(DATE)
Percent of the Program Cost Area
Apportioned to each Cost Factor
Program Cost Areas (PCA;) Relative I Relative
Base Population Land Area
(XL
(Yd (Z,)
Monitoring(PC.AI) 10% i, 30% 60%
Public Education (PCA2) 10% 80% 10%
Program Management& 30% 505; 705
Regulatory Activities (PCA1)
Training(PC_A4) 10% n0°° 10'),
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649
•
17
IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT as of the dates set
out.
Executed this 9th Day of November, 2010.
By:
Maryetta Ferre
Mayor
City of Grand Terrace
Attest: A �R
Brenda Mesa
City Clerk