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Home My WebLink AboutMINUTES - 04062004 - C16 ._.._. _............. ............ ._....... .............. ._......................... . ......... ......._. ......1.._. ........ ......... TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND 'NATER aCONSERVATION DISTRICT FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: April 6, 2004 SUBJECT: Approve and Execute the Stormwater Utility Area Agreement SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute the Stormwater Utility Area (SUA)Agreement between the Contra Costa County Flood Control and Water Conservation District and the following jurisdictions: Antioch Hercules Orinda San Ramon Clayton Lafayette Pinole Walnut Creek ConcordMartinez Pittsburg Unincorporated County Danville '' Moraga Pleasant Hill El Cerrito Oakley San Pablo Continued on Attachment: x SIGNATURE: _ RECOMMENDATION OF BOARD COMMITTEE PROVE HER r SIGNATURES ACTION OF BO N 04/06/04 APPROVED AS RECOMMENDED XX-OTHER v' I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE ATTESTED: APRIL 06, 2004 AYES: NOES: JOHN SWEETEN,Clerk of the Board of Supervisors and ABSENT: ABSTAIN: County Administrator By lf� ,Deputy LM:cw G:\GrpData\FldCtl\Administr tion\Board Orders 12004 BO\04-06-04\FCD SUA Agmt3.doc Orig.Div:Public Works Flood Control Contact: Linda Martinez(925)313-2279 c: CAO SUBJECT: APPROVE AND EXECUTE THE STORMWATER UTILITY AREA AGREEMENT AMENDMENT PAGE: 2 DATE: April 6, 2004 II. Fiscal Impact: There will be no impact to General Fund. The Stormwater Utility Area(SUA)Agreement and the first amendment to the SUA Agreement pertain to the expenditure and administration of the Stormwater Utility Assessment. III. Reasons for Recommendations and Background: The first amendment to the SUA agreement adds language regarding the entirety of the SUA agreement, termination of the previous SUA agreement, and the effective date of the current SUA agreement, for the above referenced municipalities. Additionally, a paragraph is added to Section 7 of the SUA agreement to provide for a contracted inspection program.by Central Contra Costa Sanitary District, Delta Diablo Sanitation District and East Bay Municipal Utility District on behalf of fifteen municipalities,Antioch,Clayton,Concord,Danville,El Cerrito,Lafayette,Martinez,Moraga,Oakley, Orinda,Pinole, Pittsburg,Pleasant Hill, San Ramon and Walnut Creek . The Flood Control District administers the Stormwater Utility Assessment,the funding source for the Contra Costa Clean Water Program(also known as NPDES stormwater control activities),for the cities and unincorporated County area.The Stormwater Utility Area Agreement sets forth responsibilities of the cities,County and Flood Control District regarding the collection,administration,distribution,and expenditure of Stormwater Utility Assessment revenue. The San Francisco Bay and Central Valley Regional Water Quality Control Boards require municipalities in the Contra Costa Clean Water Program to conduct industrial and commercial business inspections and illicit discharge control inspections (Inspection Program). These inspections are mandated by the Joint Municipal National Pollutant Discharge Elimination System (NPDES) Stormwater Permit issued to the municipalities. The inspections are intended to radically reduce or eliminate polluted urban runoff. The Flood Control District,on behalf of the municipalities of Antioch,Clayton,Concord,Danville,El Cerrito,Lafayette,Martinez,Moraga,Oakley,Orinda,Pinole,Pittsburg,Pleasant Hill,San Ramon and Walnut Creek, entered into an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District and the East Bay Municipal Utility District to perform these inspection services.The inspection program will be funded from stormwater utility assessment revenues collected by the Flood Control District on behalf of the fifteen participating municipalities. IV. Consequences of NeLative Action: The San Francisco Bay and/or Central Valley Regional Water Quality Control Boards may fine the Contra Costa Clean Water Program for not conducting inspections as required in its Joint Municipal NPDES Permit.The Regional Board has the authority to fine municipalities in the Contra Costa Clean Water Program up to $10,000 per day and $10 per gallon of discharge for non-compliance with the permit. RESOLUTION 2003/84 A RESOLUTION APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL_ AND WATER CONSERVATION DISTRICT (DISTRICT) ANI:~!THE CITY OF ANTIOCH WHEREAS, the City of Antioch, in conjunction with the Contra Costa County Florid Control and Water Conservation District and other governmental entities, has been requiredby the Federal Government and the San Francisca Bay and Central Valley 'Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisca Bay Regional Water Quality Control Board issued -a second .faint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, On June 16, 2000, the Central Valley Regional Water Quality Control Board issued a'second Joint Municipal'NPDES permit for public agencies>under its jurisdiction; WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Centra Costa County Fled Control & Water Conservation District and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments, and, WHEREAS, a separate agreement delineating only, activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the word "monthly" from the second paragraph in Section 5 of the agreement regarding the calculation and charging of costs as part of the disbursement process; and, WHEREAS, the first two of the three annual disbursement dates have been changed to January 31 and May 31, respectively; and, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Antioch as follows, 1. Authorize the City Manager to execute the Stormwater Utility Area Agreement subject to City of Antioch Attorney's approval. RESOLUTION NO. 2003/84 July 8, 2043 Page 2 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3)certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded ,to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. I HEREBY CERTIFY that the foregoing resolution was adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 8th day of July, 2003 by the following vote; AYES: Council Members Kalinowski, Davis, Conley and Simonsen NOES: None ABSENT: None ABSTAIN: Mayor Freitas r l L 01 E MARTIN, City Clerk ................................................................................................ ........... ............................................................................. .......... STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND, WATER CONSERVATION DISTRICT AND THE CITY OF ANTIOCH This AGREEMENT, entered into on the day of y,,/ , 20�is between the City of - _ 1 Antioch, a municipal corporation of the State of Califon a,—hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a po%vtical subdivision of the State of California, hereinafter"DISTRICT." This agreement amends and supercedes the Stormwater Utility Area Agreement between the Contra Costa County Flood Control and Water Conservation District and.the "CITY" that the parties previously entered into on December 7, 1999. The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in thedevelopment and implementation of a Joint Municipal National Pollutant Discharge.Elimination System (NPDES) permit for stormwater discharges hereinafter referred, to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area.The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection,administration,distribution,and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. - Page 1 - .....................................................................................11...... .................................................................... "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assi gned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection o.f existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Pro&m Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned toa single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT,to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. Page 2 - 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shallbe subtracted from the fund's. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fond for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area,including maintenance of the assessment data base, preparation' of reports and documents,adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's S'UA Fund for CITY's' share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWNICOUNTY: Annually, but not later than January 31, May, 31, and September 10, DISTRICT shall instruct County Auditor Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000,or two percent(2%) of the estimated total assessment, whichever is greater. 7. CITY1TOWNICOUNTY USE OF REVENUE: CITY agrees to expend the revenue' received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System' Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance, activities that also meet the System Conveyance Improvement definition,CITY will review> the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the issue will be referred' to the COMMITTEE for final determination. 8. COST ACCOUNTINGIANNUAL REPORT: CITY shall maintain accounting records for all'> expenditures for a period of five years. Annually, on January 15 CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. - Page 3 - I'll.,...I.............................................................................. ............................................................. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits,costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willfulmisconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligati6n set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected With the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body,officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard,of care different from that imposed by law. The provisions of this section .9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITYITOWN/CPUNTY DISTRICT Ctiy of Antioch County Flood Control District PO Box 5007 255 Glacier Drive Antioch, CA 94531 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue fbrthe current fiscal year to the CITY subject to CITY*s compliance with Sections 7 and 8. Page 4 - 11. AGREEMENT MODIFICATION': This AGREEMENT shall be subject to modification only by the wr4ten agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however,unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 5 - CONTRA COVA COUNTY FLOOD CITY OF ANTIOCH CONTROL AND WATER CO TION DISTRICT Chair, and of S pervisors City Manager� . ATTEST: ATTEST: John Sweeten, Clerk of the Beard of Jolene L. Martin Supervisors and County Administrator City Clerk 1A At T47-deputy Recommended for Approval: Recommended for Approval: Maurice Shiu Chief Err `neer rf Joe Brandt w✓ - City Engineer Byw By: •-. Form Approved: Silvano B arc I Form Approved: County ns( William Galstan y: City Attorney -Page 6- RESOLUTION NO.41-2003 A RESOLUTION APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON THE CITY COUNCIL City of Clayton, California WHEREAS, the City of Clayton, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of la Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS, on June 16, 2000, the Central Valley Regional Water Quality Control Board issued a second Joint Municipal; NPDES permit for public agencies under its jurisdiction; and WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control & Water Conservation District and each participating municipality delineating activities to be taken jointly and the implementation of stormwater utility assessments; and WHEREAS, on December 7, 1999 the City of Clayton and the Contra Costa County Flood Control and Water Conservation District entered into a Stormwater Utility Area agreement-, and WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" for 2003- 2010,has been approved collectively by all participating municipalities; and WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the work "monthly" from the second paragraph in Section 5 of the agreement reizarding the calculation and charging of costs as part of the disbursement process.; and WHEREAS, the first two of the three annual disbursement dates have been changed to January 31 and May 31, respectively; and WHEREAS, the City of Clayton and the Contra Costa County Flood Control and Water Conservation District wish to update the Stormwater Utility Area agreement that they previously entered into on December 7, 1999 with a new Agreement to include the above modifications, which is attached as Exhibit A. Resolution No. 41-2003 1 July 15, 2003 NOW,THEREFORE, BE IT RESOLVED, the City Council of the City of Clayton, California does hereby: 1. Authorize the City Manager to execute the Storwater Utility Area Agreement subject to City Attorney's approval which supersedes the December 7, 1999 Stormwater Utility Area Agreement. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. Adopted by the City Council of the City of Clayton at a regular meeting of said Council held on July 15, 2003 by the following vote: AYES: Councilmembers Manning, Shuey, Walcutt, Vice Mayor Pierce and Mayor Laurence. NOES: None. ABSENT: None. APPROVED: Peter A. Laurence,Mayor ATTEST: Rhonda K. Basore, City Clerk I hereby certify that Resolution No. was duly and regularly passed by the City Council of the City Of Clayton at a regular meeting held on.r.5 To! ,a�. asore, 'kty�erk Resolution No. 41-2003 2 July 15, 2003 STO'RMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF CLAYTON a This AGREEMENT, entered into on the �� day of // ,hereinafter "CITY" and the Contra200t is between the City of ' Clayton, a municipal corporation of the State of Califor a . Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." This agreement amends and supercedes the Stormwater Utility Area Agreement between the Contra Costa County Flood Control and Water Conservation District and the "CITY" that the parties previously entered into on December 7, 1599. The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System' (NPDES) permit for stormwater discharges hereinafter referred i to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area.The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund' NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection,administration,distribution,and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU)' assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. - Page 1 - "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: Inspection of existing drainage facilities • Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants' from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent Stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary' reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service' shall be subtracted from the fund's. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. - Page 2 - DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's' share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWN/COUNTY: Annually, but not later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor- Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent(2%) of the estimated total assessment, whichever is greater. 7. CITYITOWNICOUNTY USE OF REVENUE: CITY agrees to expend the revenue receivedfrom the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition,CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the issue will be referred' to the COMMITTEE for final determination. 8. COST ACCOUNTIN'GIANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide' DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful' misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. S. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims,. demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT,;and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body,officers - Page 3 - and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Clayton County Flood Control District 6000 Heritage Trail 255 Glacier Drive Clayton, CA 94517 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however,unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. 13. ENTIRE AGREEMENT: This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. 14. EFFECTIVE DATE: The effective date of this AGREEMENT shall be July 1, 2003. - Page 4 - f r CONTRA COSTA COUNTY FLOOD CITY OF CLAYTON CONTROL AND WATER CO SERVATION DlS Rl Bv: By: Chair, oard of-Supervisors Gary Mapper, ditf M ger ATTEST: ATTEST: Jahn Sweeten, Clerk of the Burd of City Clark Supervisors and County Administrator Deptity Rhonda Basore Recommended for Approval: Recommended for Approval: Maurice Shiu Laura HofFmeister Chief Engineer Asst. to the City Manager Form Approved: Form Approved: Silvano B arc # County n ity Attorney By: ' LauraJsw tpNN are®agnq'Raaf 20D3 Page 5 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA 2 3 A Resolution Approving'a Stormwater Utility Area Agreement Between the Contra Costa County Flood 4 Control +& Water Conservation District and the City of Concord and Authorizing the City Manager to 5 Execute the Agreement Resolution No.03-43 6 7 WHEREAS,the City of Concord, in conjunction with the Contra Costa County Flood Control 8 and Water Conservation District(DISTRICT) and other governmental entities,'has been required by 9 the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality 10 Control Boards to participate in the development and implementation of a Joint Municipal National 11 Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges; and 12 WHEREAS,on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board 13 issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; 14 and 15 WHEREAS, on June 16, 2000, the Central Valley Regional Water Quality Control Board 16 issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and 17 WHEREAS, a separate agreement entitled"Contra Costa Clean Water,Program Agreement" 18 delineating stormwater pollution prevention programs to be implemented by participating 19 municipalities has been approved collectively by all participating municipalities; and 20 WHEREAS,the City of Concord previously approved a Stormwater Utility Area Agreement 21 with the Contra Costa County Flood Control&Water Conservation District implementing an annual 22 stormwater utility assessment to fund City of Concord stormwater pollution prevention programs, and 23 this agreement needs to be revised. 24 NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF CONCORD DOES 25 RESOLVE AS FOLLOWS: 26 Section 1. The City Council approves the "Stormwater Utility Area Agreement between 27 Contra Costa County Flood Control and Water Conservation District and The City Of Concord." 28 Section 2. Authorizes the City Manager, on behalf of the City of Concord, to execute the Res.No.03-43 r STORMWATER UTILITY AREA AGREEMENT BETWEEN.THE CONTRA COSTA COUNTY FLOOD CONTROL AND, WATER CONSERVATION DISTRICT AND CITY OF CONCORD This AGREEMENT, entered into on the 2211 day of July, 2003, is between the City of Concord, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORI{: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards; identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy Stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater' utility assessments levied in CITY's/TOWN's/COUNTY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated' or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area:. The amount of assessment shall be the product of the number of Equivalent 'Runoff Units (ERU)', assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit.' "Equivalent Runoff Unit" shall refer to the service charge rating assignedto each parcel' within the Stormwater Utility Area based on its land use. Page 1 - 1 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA 2 3 A Resolution Approving a Stormwater Utility Area Agreement Between the Contra Costa County Flood 4 Control & Water Conservation District and the City of Concord and Authorizing the City Manager to 5 Execute the Agreement Resolution No.03-43 1 6 7 'WHEREAS,the City of Concord, in conjunction with the Contra Costa County Flood Control 8 and Water Conservation District(DISTRICT)and other governmental entities,has been required by 9 the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality 10 Control Boards to participate in the development and implementation of a Joint Municipal rational I 1 Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges;and 12 WHEREAS,on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board' 13 issued a second five-year Joint Municipal NPDES permit for public agencies under its jurisdiction; 14 and 15 WHEREAS, on June 16,2000, the Central Valley Regional Water(duality Control Board 16 issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and 17 WHEREAS,a separate agreement entitled"Contra Costa Clean Water Program Agreement" 18 delineating stormwater pollution prevention programs to be implemented by participating 19 municipalities has been approved collectively by all participating municipalities; and 20 WHEREAS,the City of Concord previously approved a Stormwater Utility Area Agreement 21 with the Contra Costa County Flood Control &Water Conservation District implementing an annual 22 stormwater utility assessment to fund City of Concord stormwater pollution prevention programs, and 23 this agreement needs to be revised. 24 NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF CONCORD DUES 25 RESOLVE AS FOLLOWS: 26 Section 1. The City Council approves the"Stormwater Utility Area Agreement between 27 Contra Costa County Flood Control and Water Conservation District and The City Of Concord." 28 Section 2. Authorizes the City Manager, on behalf of the City of Concord, to execute the Res.No.03-43 � STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF CONCORD This AGREEMENT, entered into on the 22" day of July, 2003, is between the City of Concord, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: I. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge 'Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater' utility assessments levied in CITY's/TOWN's/COUNTY'S SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU)' assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. - Page 1 - "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants' from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3, ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's/TOWN's/COUNTY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cast to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. 'DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. . FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund, DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs, DISTRICT shall calculate the - Paget - proration of Program Activity costs. DISTRICT shall debit CITY's/TOWN'S/COUNTY's SUA Fund for CITY's/TOWN'S/COUNTY'S share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY: Annually, but not later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15 CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The finalformat of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. - Page 3 - ...............................................1.11,11,111,111, ................................................. . .. ................... C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Concord County Flood Control District 1950 Parkside Drive 255 Glacier Drive Concord, CA 94519 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be> responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's/TOWN's/COUNTY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above, this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 4 - CONTRA COSTA COUNTY FLOOD CITY OF CONCORD CONTROL AND WATER CONSERV SPW gy; By: Chaff , Boar of Supervis s CITY Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of City/Town Clerk Supervisors and County Administrator By: By: --I,- bepufj Pamela McCurdy—Deputy City Clerk Recommended for Approval: Recommended for Approval: Maurice Shiu '' Mike Vogan, Director Chief Engineer ,/ Public Works - Maintenance Services Form Approved: Form Approved: Siivano B. Marchesi City/Town Attorney County Counsel Deputy - Page 5 - RESOLUTION NO. 81-2003 APPROVING TIME STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL ANIS WATER CONSERVATION DISTRICT AND THE TOWN OF DANVILLE WHEREAS, the Town of Danville, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation ipfaa Joint Muni 'pal,`+T .tional Pollutant Discharge Eliminations System Q fl if rto ht� and WHEREAS,on July 21,2999,the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and WHEREAS,nineteen(19)municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control & Water Conservation>District and each participating municipality 'delineating activities to be taken jointly; and, the implementation of stormwater utility assessments;and WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled"Contra Costa Clean Water Program Agreement"has been approved collectively by all participating municipalities; and, WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the word "monthly" from the second paragraph in Section 5 of the agreement regarding the calculation and charging of costs as part of the disbursement process; and WHEREAS,the first two of three annual disbursement dates have been changed to January 31St and May 31St, respectively;now therefore be it RESOLVED by the Danville Town Council as follows; 2. Authorize the Town Manager to execute the Stormwater UtilityArea Agreement subject to the Town of Danville Attorney's approval. 2. Three (3)certified copies of this resolution and three(3)signed originals of the Agreement shall be immediately forwarded to the Assistant'Chief Engineer, Contra Costa County Flood Control and Water Conservation District. This resolution shall became effective immediately upon its passage and adoption. APPROVED,by the Danville Town Council at a regular meeting on july 15,2003, by the following vote. AYES: Shimansky, Arnerich, Doyle, Stepper NOES: None ABSTAINED: None ABSENT: None ` MOR APPROVED AS TO FORM: ATTEST: .f 4.✓ A`j R +�✓W✓`"`f 'Via" CITY ATTORNEYS CLERK PAGE 2 OF RESOLUTION NO.81-2003 ......_. ..._..._. ......... ......... ......... ......... ......... ......... __-............... .. .... .... ......._. ........_.. ........ ......... ......................._. ......_... ........... ......... .......... STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND TOWN OF DANVILLE This AGREEMENT, entered into on the-1% day o& 003, is between the Town of Danville, a municipal corporation of the State of ereinafter '"Town" and p pCalifornia,, the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California,hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: TOWN OF DANVILLE,in conjunction with DISTRICT and:other local government entities,desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee,hereinafter referred to as COMMITTEE,has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and,State of California water duality requirements. Upon issuance of the PERMIT, the TOWN OF DANVILLE must implement the Performance Standards identified for their Town of Danville area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along the TOWN OF DANVILLE boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of the TOWN OF DANVILLE.At the request of the TOWN OF DAN`TILLE,DISTRICT has completed the process for formation of a SUA for the TOWN OF DANVILLE territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth TOWN OF DANVILLE and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in The Town of Danville's SUA. 2. DEFINITIONS: As used in this AGREEMENT,the following terms shall have the meanings set forth below. "Stormwater Utility- Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of the TOWN OF DANVILLE,respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system,including but not limited to the following types of activities: • Inspection of existing drainage facilities. • Cleaning of existing drainage facilities through the removal of vegetation and debris. • Repair of channel erosion and washouts. • Replacement of deteriorated pipes with new pipes of corresponding size. "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering;'stormwaters or removing pollutants from stormwaters. "NPDES Activities"shall refer to all necessary action taken to reduce,eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually,by March 15,',DISTRICT shall estimate for the TOWN OF DANVILLE (a) the number of ERUs in the TOWN OF DANVILLE SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, TOWN OF DANVILLE shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports,resolutions,ordinances,and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents,adjusting assessment and reviewing data on disbursements to the TOWN OF DANVILLE and expenditure by the TOWN OF DANVILLE, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge the TOWN OF DANVILLE for Program Activity Costs. DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit the TOWN OF DANVILLE's SUA Fund for TOWN OF DANVVILLE's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to the TOWN OF DANVILLE upon request. 6. DISBURSEMENT OF FUNDS TO THE TOWN OF DANVILLE: Annually, but not later than January 3181, May 31st, and September 10th, DISTRICT shall instruct County Auditor-Controller to disburse to the TOWN OF DANVILLE revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent(2%)of the estimated total assessment, whichever is greater. 7. TOWN OF DANVILLE USE OF REVENUE: The TOWN OF DANVILLE agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System. Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, the TOWN OF DANVILLE will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If the TOWN OF DANVILLE and DISTRICT do not agree,the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTINgJANNUAL REPORT: The TOWN OF DANVILLE shall maintain accounting records for all expenditures for a period of five years. Annually,on January 15th,the TOWN OF DANVILLE shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The find format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend,indemnify,save,and hold harmless the ether party, its governing body, officers and employees from and against any and all claims,demands,suits,costs,expenses and liability for any damages,injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants,agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to the TOWN OF DANVILLE, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, the TOWN OF DANVILLE acknowledges that the obligation set forth in Subsection A-above shall not apply to third party claims,demands, suits,costs,expenses and liability arising from or connected with the use by TOWN OF DANVILLE of the data furnished under this AGREEMENT,and TOWN OF DANVILLE agrees to defend,indemnify,save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law.The provisions of this Section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: The TOWN OF DANVILLE's execution of this agreement does not bind the TOWN OF DANVILLE in any way to continue participation in the joint Municipal NPDES PERMIT. The TOWN OF DANVILLE and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: ...............I....................................... TOWN OF DANVILLE DISTRICT Town of Danville County Flood Control District Attn: Joe Calabrigo 255 Glacier Drive Town Manager Martinez,CA 94553 510 La Gonda Way Danville,CA 94526 If either party terminates this AGREEMENT, the TOWN OF DANVILLE shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. The TOWN OF DANVILLE shall receive from DISTRICT all data or other information prepared by DISTRICT for the TOWN OF DANVILLE at TOWN OF DANVILLE's expense.DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the TOWN OF DANVILLE subject to TOWN OF DANVILLE 's compliance with Sections 7 and S. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified,revised,or amended from time to time to respond to changed conditions, however,unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. ►COUNTY FLOOD TOWN OF DANVILLE' CONTROL AND WATER COH!7�7( N DIST Y� B /Ch , air,board of Sup ervisors € wn Manager t ATTEST: A T: John Sweeten, Clerk of the Board of To Jerk Supervisors and County Administrator By: By: Depu Recommended for Approval: mmended for Approval: Maurice Shiu TName Chief Engineer r tee— Title _ By: Form Approved: Form Approved: Silvana B. Marchesi County Counsel City Attorney By: 17 By Deputy City Attorney RESOLUTION 2003-73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY'FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) AND THE CITY OF EL CERRITO WHEREAS, the City of EI Cerrito,.in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Say and Central Valley Regional Water Quality Control Boards to participate in the developent and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on Juty 21, 19W, the San Francisco Bay Regional Water Quality Control Beard issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, on June 16, 2000, the Central Valley Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control & Water Conservation District and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Wafer Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the word "monthly" from the second paragraph in Section 5 of the agreement regarding the calculation and charging of casts as part of the disbursement process; and, WHEREAS, the first two of the three annual disbursement dates have been changed:to January 31 and May 31, respectively; and, NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of EI Cerrito does resolve as follows. I. Authorize the City Manager to execute the Stormwater Utility Area Agreement subject to City Attorney's approval. 2. Three(3)certified copies of this resolution and three(3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costar County Flood Control and Water Conservation District. BE IT FURTHER RESOLVED, this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on July 21, 2003 the City Council of the City of EI Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: Abelson, Brusatori, Moore, 'Potter,' Friedman NOES: COUNCILEMBERS: None ABSENT: COUNCILMEMSERS Mone IN WITNESS OF THIS ACTION, { sign-this document and affix the corporate seal of the City of EI Cerrito on July 21, 2003. . � da M.;Giddings, . ' Clerk APPROVED: h ' € TIRED A TRUE COP ZMark�Fr�iedma�nMa�yor r of the City of cf Cerrito, CA STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND; WATER CONSERVATION DISTRICT AND 7h P v This AGREEMENT, entered into on the G day o*aLrZmia, 204 is between the "CITY" of EL CERRITO, a municipal corporation of the State hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District,a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards' identified for their CITY area. The DISTRICT has Legal authority to form Stormwater Utility' Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47, This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection,administration,distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. - Page 1 - "Drainage System Maintenance" shall refer to all work relatedto maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities • Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erasion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to 'prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall'prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION' OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the - Page 2 - proration of Program Activity costs. DISTRICT shall debit CITY"s SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY: Annually, but not later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shallbe the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System' Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition,CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the Issue will be referred to the COMMITTEE for final determination. 8. COST ACCOU'NTIN'G/ANNUAL REPORT: CITY shall maintain accounting records for all', expenditures for a period of five years. Annually, on January 15,> CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful' misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify,save and hold harmless DISTRICT, its governing body,officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. - Page 3 - C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care' different from that imposed.by law. The provisions of this section'9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPD'ES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of EI Cerrito County Flood Control District 10890 San Pablo Avenue 255 Glacier Drive El Cerrito, CA 94530 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 4 - CONTRA COSTA COUNTY FLOOD CITY OF EL CERRITO CONTROL AND WATER CONSERVATION DISTRICT t . By: By, Chair Board of Supervisors City Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of City Clerk Supervisors and County Administrator By: BY eputy Recommended for Approval: Reco dedjor Approval: Maurice Shia Name Chief Engineer r # ,ter`: l Title By. Y:_/,In 4_ Form Approved: Form Approved: Silvano B. Marchesi City Attorney County Counsel By: Al By. Deputy LM G:\GrpDatalFldCtl\SWUF\BOC Agreements\FY 03 04\SW Utility Area Agmt Final.doc - Page 5 - STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND This AGREEMENT, entered into on the t Com) day of ,c - 2003, is between the "CITY"/"TOWN"/'COUNTY" of , a municipal corp ration of the State of California, hereinafter"CITY"P'TOWN"!"COUNTY"and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows:' 1. PURPOSE AND SCOPE OF WORK: CITY/TOWN/COUNTY,'; in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National >Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY/TOWN/COUNTY must implement the Performance Standards identified for their CITY/TOWN/COUNTY area. The DISTRICT has legal authority to form stormwater Utility Areas(SUA)along CITY/TOWN/COUNTY boundaries and levy stormwater utility assessments to fund NPDES Program;activities for and on behalf of CITY/TOWN/COUNTY.At the request of CITY/TOWN/COUNTY, DISTRICT has completed the process for formation of a SUA for CITY/TOWN/COUNTY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY/TOWN/COUNTY and DISTRICT responsibilities' regarding the collection, administration, distribution, and expenditure of monies derived' from stormwater utility assessments levied in CITY's/TOWN's/COUNTY'S SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated' or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. „Equivalent Runoff Unit"shall refer to the service charge rating assigned to each parcel - Page 1 - within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types' of activities: Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters ofthe U.S. as required underthe current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY/TOWN/COUNTY (a) the number of ERUs in the CITY'sffOWN's/COUNTY'S SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1 CITY/TOWN/COUNTY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY/TOWN/COUNTY and expenditure by CITY/TOWN/COUNTY,shall be borne bythe fund. - Page 2 - DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY/TOWN/COUNTY for Program Activity Costs. DISTRICT' shall calculate the proration of Program Activity costs. DISTRICT shall debit' CITY's/TOWN`s/COUNTY's SUA Fund for CITY's/TOWN's/COUNTY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY/TOWN/COUNTY upon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWN/COUNTY: Annually, but not later than January 31, May 31, and September 10 DISTRICT shall instruct County Auditor Controller to disburse to CITY/TOWN/COUNTY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY/TOWN/COUNTY USE OF REVENUE: CITY/TOWN/COUNTY agrees to expend' the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY/TOWN/COUNTY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY/TOWN/COUNTY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY/TOWN/COUNTY shall maintain accounting records for all expenditures for a period of five years.Annually,on January 15 CITY/TOWN/COUNTY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and againstany and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY/TOWN/COUNTY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, - Page 3 - CITY/TOWN/COUNTY acknowledges that the obligation set forth in subsection A above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY/TOWN/COUNTY of the data furnished under this AGREEMENT, and CITY/TOWN/COUNTY agrees to defend, indemnify, save and hold harmless DISTRICT,its governing body,officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's/TOWN's/COUNTY's execution of this agreement does not bind the CITY/TOWN/COUNTY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY/TOWN/COUNTY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at 'which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY/TOWN/COUNTY DISTRICT City of Hercules County Flood Control District 1't 1 Civic Drive 255 Glacier Drive Hercules, CA 94547 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY/TOWN/COUNTY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY/TOWN/COUNTY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITYITOWN/COUNTY at CITY's/TOWN's/COUNTY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY/TOWN/COUNTY subject to CITY's/TOWN's/COUNTY's compliance with Sections 7 and 5. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however,unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 4 - 9 CONTRA COSTA COUNTY FLOOD CITYCOUNTY OF CONTROL AND WATER ,�OWN/ CONSNATION DIST T -------- By: Chai , 'Board of Supervisors Ci /Town/County Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of City/Town Clerk Supervisors and County Administrator r-, By: eepu Y Recommended for Approval: Recommendedfor Approval Maurice Shiu —04-14E-A-07- /**--/. Name Chief Engineer „� Title Form Approved: Form Approved: Silvano B. Marchesi City/Townorne County Counsel Deputy Deputy LM G:\Grp©ata\FldCti\SWUF\BO\Agreements\FY 03 04\SW Utility Area Agmt Final.doc - Page 5 - 4 RESOLUTION NO. 03-092 AUTHORIZING THE CITY MANAGER TO EXECUTE THE STORKWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION.DISTRICT (DISTRICT) AND THE CITY OF HERCULES WHEREAS, the City of Hercules, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water'Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) Permit for stormwater discharges; and WHEREAS, in July 1999, the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES Permit for public agencies under its jurisdiction; and WHEREAS, on June 16, 2000, the Central Valley Regional Water Quality Control Board issued a second Joint Municipal NPDES Permit for public agencies under its jurisdiction; and f ' WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control & Water Conservation District and each participating municipality delineating activities to be taken jointly and the implementation of stormwater utility assessments;and WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water ProgramAgreement: has been approved collectively by all participating municipalities; and WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the word "monthly" from the second paragraph in Section 5 of the agreement regarding the calculation and charging of costs as part of the disbursement process;and WHEREAS, the first two of the three annual disbursement dates have been changed to January 31 and May 31,respectively. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules that the City Council hereby authorizes the City Manager to execute the Stormwater Utility Area Agreement Between Contra Costa County Flood Control And Water Conservation District(District)And The City Of Hercules. i The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 9h day of September 2003 by the following vote of the Council: AYES: Batara,Evans-Young,Valstad, Ward,Balico NOES: None ABSENT: None �. d Balico,M or 1 *Dieiee .Mathews,City:CWrk i'; FOR EG,VH'G IS A ..R F' pG 7 y 0's"-+T✓�"F�.0'OBJ:,I .,?% . r.+'�.z;..��#, �'...'3".:li T•S-t:�'i�f 2 4ri.1..74:�s"} M:In-R•., LES,COMM COSTA G£As€3 i Y,STATE OF CALsa ORS!#A DOREEN S.MA`HEWS,CITY CLERK oAsE i BEFORE THE CITY COUNCIL OF THE CITY OF LAFAYETTE IN THE MATTER OF: Approving the Stormwater Utility Area Agreement } RESOLUTION NO. 2093-036 Between Contra Costa County Flood Control And Water Conservation District and ) The City of Lafayette ) WHEREAS, the City of Lafayette, in conjunction with the Contra Costa County Fled Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisca Bay and Central Valley Regional Water Quality Control Beards to participate in the development and implementation of aj Joint Municipal National Pollutant Discharge Elimination System ((:NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, On June 16, 2000, the Central Valley Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control & Water Conservation District and each participating municipality delineating activities to be taken ,jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the word "monthly„ from the second paragraph in Section 5 of the agreement regarding the calculation and charging of costs as part of the disbursement process; and, WHEREAS, the first two of the three annual disbursement dates have been changed to January 31 and May 31,respectively; and, NOW, THEREFORE BE IT RESOL'V'ED, THE CITY OF LAFAYETTE DOES RESOLVE AS FOLLOWS: 1. Authorize the City Manager to execute the Stormwater Utility Area Agreement subject to City Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED by the City Council and the City of Lafayette on July '14, 2003, by the following vote: AYES: Federighi, Horn and Tatzin NOES: None ABSTAIN: None ABSENT: Anduri and Samson APPROVED: Mayor, Carol Federighi ATTEST: panne Robbins, City Clerk f STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF LAFAYETTE This AGREEMENT, entered into on the 14th day of July 2003, is between the City of Lafayette,a municipal corporation of the State of California, hereinafter"CITY"and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OFWORK: CITY of Lafayette, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge;Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration,distribution,and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. - Page 1 - "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the fallowing types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removalof, vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall' prepare necessary reports, resolutions, ordinances, and public notices to complete' the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the - Page 2 - proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITYITOWNICOUNTY: Annually, but not�later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor- Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent(2%) of the estimated total assessment, whichever is greater. 7. CITY/TOWN/COUNTY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition,CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against'any and all claims, demands, suits, costs,expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body,officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. - Page 3 - C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Lafayette County Flood Control District 3675 Mt. Diablo Boulevard, Suite 210 255 Glacier Drive Lafayette, CA 94549 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata sham;of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 4 - CONTRA COSTA COUNTY FLOOD CITY OF L.AFAYETTE CONTROL_ AND WATER CONSERVATION DISTRIC c By 6 By: ✓� Chair, curd o Supervisors City Manag r, Ste en Falk ATTEST: ATTEST: Jahn Sweeten, Clerk of the Board of City Clerk, Joanne Robbins Supervisors and County Administrator By: By: De ty Recommended for Approval: Recommended for Approval: Maurice Shlu Ron Lefler Chief Engineer , Public Services n ger By: CA LA" `j . �, By: Form Approved: Form Approved: Silvano B. Marchesi City Attorney- County Counsel By: _ t f By:_ Deputy Deputy LM G:lGrpDatalFidCU\SWUFiBO\Agreements\FY03 041SW Utility Area Agmt Finai.doc - Page 5 - RESOLUTION NO. 106-03 APPROVING THE' STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) AND THE CITY OF MARTINEZ WHEREAS.- the City of Martinez in conjunction with the Contra Costa County Flood Control and Water Conservation District ,and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional. Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, On June 16, 2000, the Central valley Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control & Water Conservation District and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by a33 part cxpa:t ng municipalities; and, WHEREAS, the'! 'ter Utility Area agreement fund administration has been modifig- ;by striking the word "monthly" from the second paragraphti : .�n Seoon 5 of the agreement regarding the calculation and charging df costs as part of the disbursement process; and, WHEREAS, the first two of the three annual disbursement dates have been changed to January 31 and May 31, respectively; and, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The City Manager is hereby authorized and directed to execute on behalf of the City of Martinez that certain Stormwater Utility Area Agreement with the Contra Costa County Flood Control and Water Conservation District. 2. The city Manager is hereby authorized to do all things necessary and proper to implement the Agreement. ............... ........ ........ ......-............- 3 . The City Clerk is herby directed to send three certified copies of this resolution and three signed copies of the Agreement to the Program Manager, Contra Costa Clean Water Program. I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution duly adopted by the City Council of the City of Martinez at a Regular Meeting of said Council held on the 16th day of July, 2003, by the following vote: AYES: Councilmembers DeLaney, Kennedy, Wainwright, Vice Mayor Ross, and Mayor Schroder NOES: None ABSENT: None RICHARD G. HERNANDEZ, CITY LERK CITY OF MARTINEZ I HEREBY CERTIFY'that d1b instrument is a Um and correct copy of the adghW on file in this offift. RICHARD G.HERNANT3E4 r,.CLE - Alsft-111 OF MAP." STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL ANIS WATER CONSERVATION DISTRICT AND THE CITY OF MARTINEZ This AGREEMENT, entered into on the 16th day of July 2003, is between the "CITY OE MARTINEZ", a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District,a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY in conjunction with DISTRICT and other local' government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant DischargeElimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE,;has been formed to develop and implement PERMIT activities. The PERMIT requires the collection,,, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality' requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area.The DISTRICT has legal authority to form Stormwater Utility' Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection,administration,distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA, 2. DEFINITION'S: As used in this AGREEMENT, the following terms shall have the meanings set fdrth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. - Page 1 - "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: • Inspection of existing drainage facilities • Cleaning of existing drainage facilities through the removal of vegetation and debris • Repair of channel erosion and washouts • Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Wafter Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS. Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adapt Stormwater' Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents,adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be bome by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures.' DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the - Page 2 - proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWNICOiUNTY: Annually, but not later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent(2%) of the estimated total assessment, whichever is greater. 7. CITY/TOWN/COUNTY DISE OF REVENUE: CITY agrees to expend the revenue' received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and 'Drainage System' Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition,CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the issue will be referred' to the COMMITTEE for final determination. CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal Utility District(collectively hereinafter"AGENCIES"),to implement an industrial' and commercialinspection a ctivities a nd i llicit d ischarge c ontrol i nspection a ctivities' program (hereinafter"INSPECTION PROGRAM"). Implementation of the INSPECTION' PROGRAM will be pursuant to"AGREEMENT AMONG THE CONTRA COSTA COUNTY' FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT,THE DELTA DIABLO SANITATION DISTRICT,AND THE EAST' BAY MUNICIPAL'UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM", shown as Exhibit "A", as it may be amended from time to time. CITY's estimated 'share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit"B" attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. 8. COST ACCOUNTING/ANNUAL.REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15,; CITY shall provide' DISTRICT with a summary report specifying the activities performed and the dollar' amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. - Page 3 - 9. HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits,costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willfulmisconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT.Therefore, CITY acknowledges that the obligation set forth in subsection A above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT,;and CITY agrees to defend, indemnify, save and held harmless DISTRICT,its governing body,officers' and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall' be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section '9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY`s execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT at any time for any reason with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY OF MARTINEZ DISTRICT City Engineer City of Martinez County Flood Control District 525 Henrietta Street 255 Glacier Drive Martinez, CA 94553 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY`s expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY`s compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification - Page 4 - only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, it shall remain in full force and effect unless earlier terminated under Section 10. 13. ENTIRE. AGREEMENT: This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. CONTRA COSTA COUNTY FLOOD CITY OF MARTINEZ CONTROL AND WATER CENSE VATION DISTRI T June,-data no Chair,Board of Supervisors �tyy anager ATTEST: A TEST: John Sweeten, Clerk of the Board of Mercy Cabral Supervisors and County Administrator fz € By. By Depu y Deputy City G9 rk Recommended for Approval: Approval as to form: Maurice Shiu Chief Engineer By: Ci k By Assis nt City Attorney Approval as to form: n By. A�,L 1A h Deputy County-Counsel - Page 5 - ........................... ...... BEFORE THE TOWN COUNCIL OF THE TOWN OF MORAGA In the Matter of: Approving a Stormwater Utility Area Agreement Resolution 27 - 2003 between the Town of Moraga and the Contra Costa County Flood Control and Water Conservation District for the continued Implementation of the Clean Water Program WHEREAS, the Town of Moraga, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other Cities and Towns within Contra Costa County, has been required by the Federal Government. and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, On June 16, 2000, the Central Valley Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control & Water Conservation District and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the word "monthly" from the second paragraph in Section 5 of the agreement regarding the calculation and charging of costs as part of the disbursement process; and, WHEREAS, the first two of the three annual disbursement dates have been changed to January 31 and May 31, respectively. NOW, THEREFORE BE IT RESOLVED, THE Town Council of the Town of Moraga does resolve as follows: 1. Authorize the Town Manager to execute the Stormwater Utility Area Agreement subject to Town Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. Passed and adopted this 6th day of August, 2003, by the following vote: AYES: Mayor Lori Landis, Vice Mayor Dennis Cunnane, Councilmember Dale Walwark, Councilmember Jerry Karney and Councilmember Mike Majchrzak NOES: None ABSTAIN: None ABSENT: None L�rm6ndis, Mayor Attest: Carol J. Lau, Town Clerk STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE TOWN OF MORACA This AGREEMENT, entered into on the Chdayof ,200 , is between theTown of Moraga, a municipal corporation of the State of California nsfter "TOWN" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF W4RIC: TOWN, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, TOWN must implement the Performance Standards identified for their TOWN area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA)along TOWN boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of TOWN. At the request of TOWN, DISTRICT has completed the process for formation of a SUA for TOWN territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth TOWN and DISTRICT responsibilities regarding the collection,administration,distribution,and expenditure of monies derived from stormwater utility assessments levied in TOWN"s SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of TOWN and, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel - Page 1 - within the Stormwater Utility Area based on its land use. „Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to;the following types of activities: • Inspection of existing drainage facilities • Cleaning of existing drainage facilities through the removal of vegetation and debris • Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities"shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S.as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 151, DISTRICT shall estimate for the TOWN (a)the number of ERUs in the TOWN's SUA (b)the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, TOWN shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to TOWN and expenditure by TOWN, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. - Page 2 - DISTRICT shall debit TOWN`s SUA Fund for TOWN`s share of said casts incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to TOWN upon request. & DISBURSEMENT OF FUNDS TO TOWN: Annually, but not later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to TOWN revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,0001 or two percent(2%)of the estimated total assessment, whichever is greater. 7. TOWN USE OF REVENUE: TOWN agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, TOWN will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If TOWN and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL.REPORT: TOWN shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15,TOWN shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages,injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to TOWN, DISTRICT cannot guarantee the accuracy or completeness of the data furnished underthis AGREEMENT.Therefore,TOWNacknowledges that the obligation set forth in subsection A above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by TOWN of the data furnished under this AGREEMENT, and TOWN agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C, Nothing in this AGREEMENT is intended to or shall be construed to affect the - Page 3 - legal liability of :either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: TOWN's execution of this agreement does not bind the TOWN in any way to continue participation in the .saint Municipal NPDES PERMIT. TOWN and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: TOWN DISTRICT Town Manager County Flood Control District P.U. Box 188 255 Glacier Drive Moraga, CA 94556 Martinez, CA 94553 If either party terminates this AGREEMENT, TOWN shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. TOWN shall receive from DISTRICT all data or other information prepared by DISTRICT for TOWN at TOWN's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the TOWN subject to TOWN's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 4 - CONTRA COSTA COUNTY FLOOD TOWN OF M'ORAGA CONTROL AND WATER C S VATION DIST CT Bye By: t .� - Chai , Board f Supervisors Town anager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Town Clerk Supervisors and County Administrator Recommended for Approval: Maurice Shiu -- Chief Engineer i Form Approved: Form Approved: Siivano B. Marchesi Michelle Kenyon County Counsel Town Attorney e 1 r <. LM C:1MY DocumentswORAGA FILE&WDES PRCGRAMAGREEMENTS1SUA AgreementtCost Pmt(SUA)Agmt Finai.doc - Page 5 - RESOLUTION NO. 38-03 A RESOLUTION APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) AND THE CITY OF OAKLEY WHEREAS, the City of Oakley, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco; Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for Stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, On June 16, 2000, the Central Valley Regional Water. Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control & Water Conservation District and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean ', Water Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the word "monthly" from the second paragraph in Section 5 of the agreement regarding the calculation and charging of costs as part of the disbursement process; and, WHEREAS, the first two of the three annual disbursement dates have been changed to January 31 and May 31, respectively; and, NOW, THEREFORE BE 1T RESOLVED, THE CITY OF OAKLEY DOES RESOLVE AS FOLLOWS: 1. Authorize the City Manager to execute the Stormwater Utility Area Agreement subject to City Attorney's approval. Council Resolution No. 38-03 1 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED this 14th day of July, 20103 by the following vote: AYES: Anderson, Nix, Rios, Huffaker NOES: None ABSTENTIONS: None ABSENT: Vanek APPROVED: A T: ? CITY LER' Council Resolution No. 38-03 2 ............... CERTIFICATION STATE OF CALIFORNIA COUNTY OF CONTRA COSTA CITY OF OAKLEY 1,Nancy Ortenblaj City Clerk of the City of Oakley does hereby certify that attached hereto is a true and correct copy of Resolution No. 38-03, adopted by the City Council on July 14, 2003, which Resolution had not been amended, rescinded, repealed or modified, and which Resolution is in fall force and effect as of the date hereof Date: August 28, 2003 Ciry Clerk oft ity of Oakley ......... ......... ...... _ ...... _.......... .............._..._.__..... ._...._.. ......... ......... ....._... _.._.... . _.._..... ......... ......... STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF OAKLEY This AGREEMENT, entered into on the 14th day of July, 2003, is between the "CITY" of Oakley, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows. 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified far their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration,distribution,and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shallbe the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit.' "Equivalent Runoff Unit"shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. - Page 1 - "Drainage System Maintenance" shall refer to all work relatedto maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated''in the Contra Costa Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March ',15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY`s SUA, (b) the number of parcels to be assessed, and the estimated' remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents,adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures'. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the - Page 2 - proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's' share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWN/COUNTY: Annually, but not later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor- Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000`ortwo percent(2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition,CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the issue will be referred' to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15 CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury,sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT; and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body,officers and employees against the same, except for those acts of the'DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the - Page 3 - legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10.AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Oakley County Flood Control District P.O. Box 6 255 Glacier Drive Oakley, CA 94561 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 4 - CONTRA COSTA COUNTY FLOOD CITY OF OAKLEY CONTROL.AND WATER CONSERYATION''DIST By: By: Chair Board of Supervisors Mike Oliver City Manager ATTEST: John Sweeten, Clerk of the Board of ATTEST: Supervisors and County Administrator City Clerk By: Deputy By: Recommended for Approval: Recommended for Approval: Maurice Shiu Chief Engineer Jason Vogan rt 4 a City Engineer Form Approved: Form Approved: Silvano B. Marchesi City Attorney County Counsel y. 1A By u. -- Deputy - Page 5 - BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA In the Matter of`. Approving the Stormwater Utility } Area Agreement Between Contra } Costa County Floud Control and ) Resolution No. 45-03 Water Conservation District and the } City of Orinda ) WHEREAS, the City of Orinda, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, On June 16, 2000, the Central Valley Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; WHEREAS, nineteen (19)municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control & Water Conservation District and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating,municipalities entitled "Contra Costa Clean Water Program'Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the word "monthly" from the second paragraph', in Section 5 of the agreement regarding the calculation and charging of costs as part of the ;disbursement process; and, WHEREAS, the first two of the three annual disbursement dates have been changed to January 31 and May 31,respectively; and, Resolution No. 45-03 Page 1 of 2 NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Orinda does hereby resolve as follows: 1. Authorize the City Manager to execute the Stormwater Utility Area Agreement subject to City Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. Adopted by the City Council of the City of Orinda at a regular meeting on July 15, 2003 by the following vote: AYES: COUNCILMEMBERS: Hawkins,Judge,Worth, Abrams NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Wheatland(Excused) IL ( . Laura Abrams,Mayor ATTEST: P �_ CERTIFIE 2TRLfE COPY 6,lith A. Hansen, City Clerk J ITH A. HANS; N City Clerk City of Orinda, CA Resolution No. 45-03 Page 2 of 2 _. ....._... ......... ......... ...._.... ....... __ _ ... .......................... .........._. ._............ .......... ......... ......... ................ _._ __. . . _... ......... ......... STORMWATER UTILITY AREA AGREEMENT BETWEENTHE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF ORINDA This AGREEMENT, entered into on the 41 day o , 209r, s between the CITY of Orinda, a municipal corporation of the State of California, hereinafter CITY, and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 'I. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY.At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection,administration,distribution,and expenditure of monies derived from stormwater utility assessments levied in CITY'S SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit'. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. - Page 1 - "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited,to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removalof vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S.as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement,Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ES'TABLISHM'ENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY'S SUA, (b) the number of parcels to be assessed', and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adapt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County `fax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the - Page 2 - proration of Program Activity costs. DISTRICT shall debit CITY'S SUA Fund for CITY'S share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNIS TO CITY: Annually,but not later than January 31,May 31, and September 14, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shell be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for N'PDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition,CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTINGIANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the ether party, its governing body, officers and employees from and against any and all claims, demands,suits, costs, expenses and liability for any damages, injury,sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or wilful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees.' B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT.Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, casts, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify,save and hold harmless DISTRICT,its governing body,officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. - Page 3 - C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY'S execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPOES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Orinda County Flood Control District P.O. Box 2000— 14 Altarinda Rd. 255 Glacier Drive Orinda, CA 94563 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY'S expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY'S compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both patties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated underSection 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 4 - CONTRA COSTA COUNTY FLOOD CITY OF Orinda CONTROL AND WATER COHSE VATION DIST By: (JAL'-By: Chair oard of Supervisors CITY Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of CITY Clerk Supervisors and County Administrator By: By: x /bepufy Recommended for Approval Recommended for Approval: Maurice Shiu Mark Lowery Chief En ineer Public Works Director By: By: Form Approved: Form Approved: Silvan B. Marchesi CITY Attorney County Counsel Deputy Deputy LM G:\GrpDatalFEdCtIXSWUF\BO)Agreements\FY 03 04\SW Utility Area Agmt Final.dac Page 5 - BEFORE THE COITY COUNCIL OF THE CITY OF P NOLE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA A RESOLUTION APPROVING } THE STtMWATER UTILITY ) AREA AGREEMENT } BETWEEN CONTRA COSTA COUNTY) RESOLUTION NO. 137-2003 FLOOD CONTROL AND WATER } CONSERVATION DISTRICT AND ) THE CITY OF PINOLE } WHEREAS, the City of Pinole, in conjunction with the 'Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Centrai Halley Regional Water Quality Control Beards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges.; and, WHEREAS, on July 21, 4999, the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, On June 16, 2000, the Central Valley Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Floud Control & Water Conservation district and each participating municipality delineating activities to be taken jointly; and, the implementation of storrnwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the Stormwater Utility Area agreement fund administration has been modified' by striking the word "monthly" from the second paragraph in Section 5 of the agreement regarding the calculation and charging of casts as part of the disbursement process; and, ........................................................................... ......................................................... WHEREAS, the first two of the three annual disbursement dates have been changed to January 31 and May 31, respectively; and, NOW, THEREFORE BE IT RESOLVED, THE CITY OF PINOLE DOES RESOLVE AS FOLLOWS: I Authorize the City Manager to execute the Stormwater Utility Area Agreement subject to City of Pinole Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3. Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. PASSED AND ADOPTED this I 6th day of July, 2003 by the following vote: AYES: COUNCIL MEMBERS: Boyle,Cole,Horton,Murray, Alegria NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None Dawn G. Abr amfogn. CMC Deputy City Clerk RMerk1resolutionskeounclIMMSUA Agreement Resolution 2003.doe I hereby certify thortthe-fcogping Is a Prue and correct copy of the original document on file in the City Clerk's Office, City of Pinola, Contra Costs County,State of California. DawnO.Abrahamson,1)&pu1yiSVk of the City of�Plflole STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PINOLE b This AGREEMENT, entered into on the day of)&/J, 20 , is between the "CITY" of PIN municipal corporation of the State of Califo�ereinafter"CITY" and the Contra al.E, a mu _ _pa rp , Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area.The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration,distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. - Page 9 - __ I __ "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: = Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITYs SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance ofthe assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the - Paget - proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 8. DISBURSEMENT OF FUNIS TO CITY/TOWN/COUNTY: Annually, but not later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor- Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent(2%) of the estimated total assessment, whichever is greater. 7. CITY/TOWN/COUNTY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definit#on,CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTINGIANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body,officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. - Page 3 - C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care' different from that imposed by law. The provisions of this section 9 shall survive' any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice. CITY DISTRICT City of Pinole County Flood Control District PUBLIC WORKS DEPARTMENT 255 Glacier Drive 2131 Pear St Martinez, CA 94553 Pinole, CA 94564 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 4 - tt CONTRA COSTA COUNTY FLOOD CITY OF PINOLE CONTROL AND WATER CONSERVATION DISTRICT f By: By: Chair Board of Supervisors City Manager or his designee ATTEST: ATTEST: John Sweeten, Clerk of the Board of City Clerk Supervisors and County Administrator By: z47� — By: .ZL�A'e'-' — 'beputy J Recommended for Approval: Recommended for Approval: Maurice Shiu Brent Salmi Chief E inset Development Services Director/City Engineer By: Form Approved: Form Approved: Silvano B. Marchesi County Counsel City Attorney By:-- By: Deputy Day X:\HPDES\Contracts\SW Utility Area Agmt rinal.doc - Page 5 - RESOLUTION NO. 59-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING A STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (DISTRICT) AND THE CITY OF PLEASANT HILL WHEREAS,the City of Pleasant Hill, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, have been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to implement a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, Stormwater Pollution Management Utility was formed to collect revenue to pay for costs of implementing the Joint NPDES Permit; and, WHEREAS, a Stormwater Utility Area Agreement between Contra Costa County Flood Control & Water Conservation District and the City of Pleasant Hill was created to delineate responsibilities with regard to the imposition and use of stormwater utility assessments. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Pleasant Hill that it: 1) Approves the Stormwater Utility Area Agreement. 2) Authorizes the City Manager to execute the attached Stormwater Utility Area Agreement. 3) Directs staff to immediately forward three (3) certified copies of this resolution and three(3) signed originals of the Agreement to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 21"day of July, 2003, by the following vote: AYES: Durant, Escover, Harris, Williamson, Angeli NOES: None ABSENT: None G I, yor ATTEST: DORIS P.NILSEN, City Clerk APPROVED AS TO FORM: ATRUE COPY .DEBRA S. MARGOLIS, y Attorney V8vMaNctfAK WY OF PLEA&INTI-!'�;" Y:\TODD\NPDES\Cycle 3 Admin\Resolution STORMWATER UTILITY AREA AGREEMENT.doc City Council Resolution EXHIBIT "A" Stormwater Utility Area Agreement ............................................I..... ............................................................ ......................................... .............................. ...................... STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PLEASANT HILL 74- ,V) /,2( This AGREEMENT, entered into on the day of -V 20 is between the CITY of Pleasant Hill, a municipal corporation of the State o��alifor�ia, �e�reinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." This agreement amends and supersedes the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE "CITY" that the parties previously entered into on December 7 , 1999. The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection,administration,distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) - Page 1 - .................. ............ assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormweter Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or;removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Glean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to - Paget - CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWN/COUNTY: Annually, but not later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor- Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction. $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition,CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 0. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits,costs,expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to Page 3 - defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grosslynegligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal fiability_:of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Pleasant Hill County Flood Control District 100 Gregory Lane 255 Glacier Drive Pleasant Hill, CA 94523-3323 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 4 - CONTRA COSTA COUNTY FLOOD CITY OF PLEASANT HILL CONTROL AND WATER CON VATIO S By: By: Chair, oard of Supervisors Mike Ranisey City Manager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Doris Nilsen City Clerk Supervisors and County Administrator Deputy Recommended for Approval: Recommended for Approval; Maurice Shiu Leary B. Chief Engineer y ' Director f P 1 W s B i/4 u ' ` `v t' v B Y� Y: Form Approved: Form Approved: Silvano B ar esi Debra Margolis County C City Attorney t B By: Deputy tt- LM Y:4TODDINPDES\Cycle 3 Admin\SW Utility Area Agreement fnl2.doe - Page 5 - BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: RESOLUTION NO. 03_9855 Resolution of the City Council of the City ) of Pittsburg Approving the Stormwater ) Utility Area Agreement 2003 } The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, in 1972, the Federal Water Pollution Act (also referred to as the Clean Water Act[CWA]) was amended to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with a NPDES permit; and WHEREAS, the Contra Costa Clean Water Program (Program) is the centerpiece of Contra Costa County's Joint NPDES permit; and WHEREAS, the Program is composed of the District, and Contra Costa County and all nineteen (19) of its incorporated cities; and WHEREAS, the City of Pittsburg is one of the municipalities currently entered into a "Stormwater Utility Area Agreement"with the District; and WHEREAS, the Stormwater Utility Area Agreement allows the District to collect fees associated with stormwater assessments and Program activities; and WHEREAS, the District keeps separate funds for each co-permittee, and disperses them accordingly; and WHEREAS, the fees are determined by an Equivalent Runoff Unit (ERU), which is the service charge rating assigned by the City Council each year to each parcel within the Stormwater Utility Area (SUA) based on its land use; and WHEREAS, there are a few minor changes to the 2003 Stormwater Utility Area Agreement from the 1999 agreement. They are as follows: • Language in Section 5 has been changed to reflect the Districts actual practice as said in Section 6 of disbursing funds three times per year, rather than monthly. The District will continue to maintain accounting record's for all Program Activity expenditures monthly and will provide copies of these records to the City upon request. • The dates found in Section 6 for Disbursement of Funds to City have changed from January 1 to January 31, and May 1 to May 31. The September 10 disbursement date will remain the same. Page 1 of 2 WHEREAS, the City must return three (3) certified copies of the attached resolution and three (3) signed originals of the Agreement to the Assistant Chief Engineer of the District by July 31, 2003. WHEREAS, failure to ignore this deadline may result in no Agreement. NOW, THEREFORE the City Council finds and determines as follows: Section 1. A. This City Council of the City of Pittsburg shall enter into the Stormwater Utility Area Agreement 2003, which sets forth responsibilities regarding the collection, administration, distribution, and expenditures of monies derived from stormwater utility assessments levied in the City's Stormwater Utility Area under the National Pollutant Discharge Elimination System (NPDES) Permit. B. The City Manager is hereby authorized to execute the amended Contra Costa Clean Water Program Agreement (200312010), as described in Attachment"A". C. The City Clerk shall provide three signed, certifiedcopies of this resolution and three signed copies of the Agreement to the Assistant Chief Engineer of the District by July 31, 2003. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of July 2003, by the following vote: AYES: Council Member Rios, Parent, Kee, Glynn & Mayor Beals NOES: None ABSTAINED: None ABSENT: None vonne als, Mayor TEST: Lillian J. Pride, City Clerk Page 2 of 2 July 15, 2003 State of California County of Contra Costa City of Pittsburg 1,Alice E. Evenson,Deputy City Clerk in and for said City Council, City of Pittsburg, County of Contra Costa, State of California, do hereby certify that the hereto attached and foregoing document is a full,true and correct copy of Resolution No. 03-9855, on file in this office of said City, adopted at a regular meeting of the City Council of the City of Pittsburg on July 7, 2003. WITNESS, my hand, and Official Sea[ this 15th day of July, 2003. Alice E. Evenson Deputy City Clerk ..._....... ......... ......_. ... ........ . .... ...................__...... ......... ._......... ........................_.. ... .......... ......... ......... ......... ......... STORMWATE'R UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND This AGREEMENT, entered into on the 7th day of July, 2003, is between the CITY of Pittsburg, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referredto as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE,',has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT' has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration,distribution,and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU)' assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. „Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. Page 1 of 5 Drainage System Maintenance shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size „System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or construct a new facility where one did not exist before. "System Pollution Control improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants' from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa' Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to'a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the Page 2 of 5 proration of Program Activity costs. DISTRICT shall debit CITY's S'UA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY: Annually, but not later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor Controllerto disburseto CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance' less the following deduction: $3,000 or two percent (2%) of the estimated total' assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System' Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance' activities that also meet the System Conveyance Improvement definition,CITY will review the project with 'DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree, the issue will be referred' to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a periodof five years. Annually, on January 15 CITY shall provide. DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against'any and all claims,' demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful' misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished' under this AGREEMENT, and CITY agrees to defend, indemnify,save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. Page 3 of 5 C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care' different from that imposed by law. The provisions of this section'9 shall survive' any termination or expiration of this AGREEMENT. 10, AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written' notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of Pittsburg County Flood Control District 65 Civic Avenue 255 Glacier Drive Pittsburg, CA 94565 Martinez, CA 94553 If either party terminates this AGREEMENT, CITY shall be responsible for its prorate share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. Page 4 of 5 CONTRA COSTA COUNTY FLOOD CITY OF PITTSBURG CONTROL. AND WATER CONSERVATION DISTRICT ByBy: Chaff , Board of Supervisors Willis A. Casey, City K4afiager ATTEST: ATTEST: John Sweeten, Clerk of the Board of Lillian J. Pride, City Clerk Supervisors and County Administrator (1- a By: A)epifty Recommended for Approval: Recommended for Approval: Maurice Shiu Randy Jerome Chief Engineer Director of Planning and Building By: By: Form Approved: Form Approved: Silvano B. Marchesi Linda Daube County Counsel City Attorne By: ? � � — B Deputy Deputy Page 5 of 5 11 .... ..__. ......... ......... ......... ......... ......... ......... .. ........ ............ ......................._..............._... ......... ......... ......... .................... _ RESOLUTION 2003-078 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN PABLO WHEREAS, the City of San Pablo, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and (Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES)permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay RegionalWater Quality Control Board issued a second Joint Municipal NPDES permit for public'agencies under its jurisdiction; and, WHEREAS, On June 16, 2000, the Central Valley Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public',agencies under its jurisdiction; WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control & Water Conservation District and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement"has been approved collectively by all participating municipalities; and, WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the word "monthly" from the second paragraph in section S of the agreement regarding the calculation and charging of costs as part of the disbursement process; and, WHEREAS, the first two of the three annual disbursement dates have been changed to January 31 and May 31, respectively; and, NOW, THEREFORE BE IT RESOLVED that the foregoing recitations are true and correct, and are included herein by reference as findings. BE IT FURTHER RESOLVED that the City of San Pablo does resolve as follows: 1. Authorize the City Manager to execute the Stormwater Utility Area Agreement, as described in Attachment "B", subject to City Attorney's approval. 2. This resolution shall become effective immediately upon its passage and adoption. 3, Three (3) certified copies of this resolution and three (3) signed originals of the Agreement shall be immediately forwarded to the Assistant Chief Engineer, Contra Costa County Flood Control and hater Conservation District. 4. The Public Works Division Manager and his /her designee are hereby designated as the City of San Pablo's representatives for Stormwater Utility Area Agreement activities. Adopted this 21"day of July 2003,by the following vote to wit: AYES: COUNCILMEMBERS: Gomes, Morris, Calloway, Vigil and Brown NOES: COUNTCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ATTEST: APPROVED: /s/Ted J. Denney /s/ Sharon J. Brown Ted J. Denney, City Clerk Sharon J. Brown, Mayor I hereby certify thatthe f going is a full, UW and correct copy of iAM-y M.C4in,De}wiy City Clerk lb=utive Secretuy STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN PABL.O This AGREEMENT, entered into on the 21 st day of July, 2003, is between the City of San Pablo, a municipal corporation of the State of California, hereinafter "CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge' Elimination System (NPDES) permit for stormwater discharges hereinafter referred' to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area.The DISTRICT has legal authority to form Stormwater Utility Areas {SUA} along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request'of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in CITY`s SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated limits of CITY. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area, The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. - Page 1 - "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the - Paget - proration of Program Activity costs. DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISBURSEMENT OF FUNDS TO CITY: Annually, but not later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15,', CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willfulmisconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy',or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. - Page 3 - C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of San Pablo, County Flood Control District Public Works Division 255 Glacier Drive One Alvarado Square, Bldg. 3 Martinez, CA 94553 San Pablo, CA 94805 If either party terminates this AGREEMENT, CITY shall be responsible for its prorate share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11, AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENTmay need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. - Page 4 - CONTRA COSTA COUNTY FLOOD CITY OF SAN PABLO CONTROL AND WATER CONSERVATION DIS C By: '� By: Chair,/Board of Supervisors Ci anager ATTEST: ATTEST: John Sweeten, Clerk of the Board of City Clerk Supervisors and County Administrator r K By: By: e eputy Recommended for Approval: Recommended for Approval: Maurice Shiu ,, _kx r`` Name Chief Engineer '�f Ns 51 F� �' �- Title By: kL 6a�� Form Approved: Form Approved: Silvano B. Marchesi City Attorney County Counsel By: 3 ' By: Deputy Deputy AE 0AClean Water Program\Agreements12k3to2klO\Council Docs\SUArea Agmt Final.doc - Page 5 - RESOLUTION NO.2003-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAMON AUTHORIZING THE CITY MANAGER TO EXECUTE A STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA.COUNTY FLOOD CONTROL&WATER CONSERVATION DISTRICT AND THE CITY OF SAN RAMON WHEREAS, the City of San Ramon in conjunction with the Contra Costa County Flood Control & Water Conservation District (District) and other governmental entities, has been requiredby the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National'Pollutant Discharge Elimination System. (NPDES)permit for stormwater discharges;and WHEREAS,on July 21, 1999,the San Francisco Bay Regional Water Quality Control Board issued a second five-year Joint Municipal NPDES permit(1998-2003)for public agencies under its jurisdiction;and WHEREAS, the "Stormwater Utility Area Agreement" between the District and each participating municipality delineating the implementation of stormwater utility assessments was entered into on December 7, 1999;and WHEREAS,the District wishes to void the"Stormwater Utility Area Agreement'°of December 7, 1999, and replace it with a new "Stormwater Utility Area Agreement" to reflect the District's current staff and accounting practices; and WHEREAS, it is in the best interest of the City of San Ramon to continue' to participate in this agreement. NOW,THEREFORE BE IT RESOLVED,that the City of San Ramon does hereby resolve as follows: 1. The City Manager shall be authorized to execute the Stormwater Utility Area Agreement. 2. Three(3)certified copies of this resolution shall be immediately forwarded to the District. 3. This resolution shall become effective immediately upon its passage and adoption. PASSED,APPROVED,AND ADOPTED on this 22w day of July,2003 by the following votes: AYES-. Councilrtmembers C'ambra, Dickey, Hudson, Tatarka and Mayor Wilson NOES- ABSENT: ABSTAIN: H.Abram Wilson,Mayor ATTEST: �4 n 1.Ir by certio that this is a ( t 1' .f#14 tate and accurate copy of Judy 11 acfarla ,City 61e a �'ot,adopted ty, the city ✓✓ a City of San Ranwo cter* STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF SAN RAMON This AGREEMENT, entered into on the q day of , 204 is between the "CITY"of San Ramon, a municipal corporation of the State of Cat a hereinafter "CITY" and the Contra a , pa c P , Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter "DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows:' 1. PURPOSE AND SCOPE OF WORK: CITY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of a Joint Municipal National Pollutant Discharge>Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area.. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT'' has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection,administration,distribution,and expenditure of monies derived from stormwater utility assessments levied in CITY'S SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit. Page 1 - "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related; to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities • Cleaning of existing drainage facilities through the removal of 'vegetation and debris ■ Repair of channel erosion and washouts ■ Replacement of deteriorated pipes with new pipes of corresponding size „System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. ",System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants' from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa'' Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY'S SUA, (b) the number of parcels to be assessed, and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adapt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTIQ14 OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. - Page 2 - DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the proration of Program Activity costs. DISTRICT shall debit CITY'S SUA Fund for CITY'S' share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 6. DISSURSEMENT OF FUNDS TO CITY: Annually,but not later than January 31,May 31,' and September 10, DISTRICT shall instruct County Auditor-Controller to disburse to CITY' revenue from the fund. The amount to be disbursed each time shall:be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total) assessment, whichever is greater. 7. CITY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA` solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance' activities that also meet the System Conveyance Improvement definition,CITY will review' the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the Issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15„CITY shall provide ', DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed' or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A-above shall not apply to third party claims, demands, suits, casts, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to - Page 3 - --l-..,................................................................................................ ..................... .........................................1111111111.111 defend, indemnify, save and hold harmless DISTRICT,its governing body,officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES, PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY DISTRICT City of San Ramon County Flood Control District 2222 Camino Ramon 255 Glacier Drive P.O. Box 5148 Martinez, CA 94553 San Ramon, CA 94583 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY'S expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY'S compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, unless earlier terminated under Section 10 above,this AGREEMENT shall continue in full force and effect, in perpetuity. SIGNATURES ON NEXT PAGE Page 4 - .................... CONTRA COSTA COUNTY FLOO©► CITY OF SAN RAMON CONTROL AND WATER CO VATIO IS T By: By: � C ' Chair Board of Supervisors Gai E. Waiters, City Manager s i r ATTEST: ATTEST: John Sweeten, Clerk of the Board of Judy Macfarlane, City Clerk Supervisors and County Administrator By: A6-4By: eputy r Recommended for Approval: Recommended for Approval: Maurice Shiu Joye Fukuda, Public Works Director Chief Engineer t BY: �' Form Approved: Form Approved: Silvano B. Marchesi Tom Curry, City Attorney County Counsel 110 A/ By: puty - Page 5 - RESOLUTION INTO, 03-39 A RESOLUTION APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK WHEREAS, the City of Walnut Creek, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, On June 16, 2000, the Central Valley Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control &Water Conservation District and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS,''a separate agreement delineating only activities to be implemented by all participating municipalities entitled `.`Contra Costa Clean'Water Program Agreement" has been approved collectively by all participating municipalities;and, WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the word "monthly" from the second paragraph in Section 5 of the agreement regarding the calculation and charging of costs as part of the disbursement process; and, WHEREAS, the first two of the three annual disbursement dates have been changed to January 3 1 and May 31,respectively; NOW, THEREFORE THE WALNUT CREEK CITY COUNCIL RESOLVES AS FOLLOWS: 1. The City Manager is hereby authorized and directed to execute on behalf of the City of Walnut Creek that certain Storrnwater Utility Area Agreement with the Contra Costa County Flood Control and Water Conservation District. 2. The City Manager is hereby authorized to do all things necessary and proper to implement the Agreement. STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK This AGREEMENT,entered into on the 1 st day of July 2003,is between the"CITY OF WALNUT CREEK", a municipal corporation of the Stateof California, hereinafter"CITY" and the Centra Costa County Flood Control and Water Conservation District,a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY in conjunction with DISTRICT and other Focal government entities, desires to continue' participating in the development and implementation of a'Joint'Municipal National Pollutant Discharge`Elimination System (NPDES) permit for stormwater discharges hereinafter referred' to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal' NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified'for their CITY area.The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities' regarding the collection,administration,distribution,and expenditure of monies derived from stormwater utility assessments levied in CITY`s SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated' or unincorporated limits of CITY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having'impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount fora single Equivalent Runoff Unit. "Equivalent Runoff Unit" shall refer to the service charge rating assigned to each parcel' within the Stormwater Utility Area based on its land use. - Page 1 - ....................................................... "Drainage System Maintenance" shall refer to >all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: • Inspection of existing drainage facilities • Cleaning of existing drainage facilities through the removal of vegetation and debris • Repair of channel erosion and washouts a Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all, necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S.as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed,and the estimated remaining revenue for the current fiscal year. Annually, by May 1,CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION'OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area,including maintenance of the assessment data base,preparation of reports and documents,adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the Page 2 - ----------------------------------- proration of Program Activity costs.DISTRICT shall debit CITY's SUA Fund for CITY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITY upon request. 8. DISBURSEMENT OF FUNDS TO CITYIT47WNICOUNTY: Annually, but not later than January 31, May 31, and September 10, DISTRICT shall instruct County Auditor- Controller to disburse to CITY revenue from the fund. The amount to be disbursed each time shaft be the fund balance less the following deduction: $3,000 or two percent(2%) of the estimated total assessment, whichever is greater. 7. CITYffOWNICOUNTY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement'definition,CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding, If CITY and DISTRICT do not agree,the issue will be referred to the COMMITTEE for final determination. CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation District, and the East Bay Municipal'Utility District(collectively hereinafter"AGENC'IES"),to implement an industrial and commercial inspection activities and illicit discharge control' inspection activities program (hereinafter"INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to"AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL CONTRA COSTA SANITARY DISTRICT,THE DELTA DIABLO SANITATION DISTRICT,AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM", shown as Exhibit "A", as it may be amended from time to time. CITY's estimated share of the cost for the Inspection Program shall be based on the projected number of inspections shown in Exhibit"B" attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further amendment of the AGREEMENT. 8. COST ACCOUNTING/ANNUAL REPORT CITY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. - Page 3 9. HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages,injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers,contractors, consultants, agents or,employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITYacknowledges that the obligation set forth in subsection A above shall not apply to third party claims, demands, suits, costs;expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify,save and hold harmless DISTRICT,its governing body,officers and employees against the same, except for those acts of the DISTRICT which are grossly negligent or arise out of willful misconduct: C. Nothing,in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT; 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT at anytime for any reason with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY OF WALNUT CREEK DISTRICT NPDES Coordinator Public Services Dept.-- Engineering County Flood Control District 1666 North Main Street 255 Glacier Drive P.O. Box 8039 Martinez, CA 94553 Walnut Creek, CA 94596 If either party terminates this AGREEMENT, >CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense. DISTRICT shall be responsible for disbursing the collected SUA revenue for the current fiscal year to the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification ti 1' - Page 4 - only by the written agreement of both parties. Neither party shell unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, it shell remain in full force and effect unless earlier terminated under Section 10. 13. ENTIRE AGREEMENT: This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. CONTRA COSTA COUNTY FLOOD CITY OF WALNUTZMEK CONTROL AND WATER Mike Parness CO VATION C T B `. 'f y: BY: Chair curd of Supervisors CityVariaer ATTEST: ATTEST: Jahn Sweeten, Clerk of the Board of Barbara Rivara Supervisors and County Administrator By: ABY, Pep* City leek Recommended icor Approval: Recommended for Approval: Daniel Richardson Maurice Shiu Chief Engineer ' � A Rublic Services 13irector Form Approved: Reviewed by: Silvano B. Marchesi Thomas Haas County Counsel By: s r { By: eputy City Attorney Page 5- ........... ...... ........ RESOLUTION NO.03-39 A RESOLUTION APPROVING THE STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK WHEREAS, the City of Walnut Creek, in conjunction with the Contra Costa County Flood Control and Water Conservation District and other governmental entities, has been required by the Federal Government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of a Joint Municipal National Pollutant Discharge Elimination System (NPDES) permit for stormwater discharges; and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, On June 16, 2000, the Central Valley Regional Water Quality Control Board issued a second Joint Municipal NPDES permit for public agencies under its Jurisdiction; WHEREAS, nineteen (19) municipalities approved a Stormwater Utility Area Agreement between Contra Costa County Flood Control&Water Conservation District and each participating municipality delineating activities to be taken jointly; and, the implementation of stormwater utility assessments; and, WHEREAS, a separate agreement delineating only activities to be implemented by all participating municipalities entitled "Contra Costa Clean Water Program Agreement" has been approved collectively by all participating municipalities; and, WHEREAS, the Stormwater Utility Area agreement fund administration has been modified by striking the word "monthly" from the second paragraph in Section 5 of the agreement regarding the calculation and charging of costs as part of the disbursement process; and, WHEREAS, the first two of the three annual disbursement dates have been changed to January 31 and May 31,respectively; NOW, THEREFORE THE WALNUT CREEK CITY COUNCIL RESOLVES AS FOLLOWS: 1. The City Manager is hereby authorized and directed to execute on behalf of the City of Walnut Creek that certain Stormwater Utility Area Agreement with the Contra Costa County Flood Control and Water Conservation District. 2. The City Manager is hereby authorized to do all things necessary and proper to implement the Agreement. 3. The City Clerk is herby directed to send three certified copies of this resolution and three signed copies of the Agreement to the Program Manager, Contra Costa Clean Water Program. PASSER AND ADOPTED by the City Council of the City of Walnut Creek at a regular meeting thereof held on the 15th day of July 2003, by the following called vote: AYES: Councilmembers: Skrel, Hicks, Mayor Regalia NOES: Councilmembers: None ABSENT: Councilmembers: Rainey,Abrams /s/Gwen Regalia Mayor of the City of Walnut Creek Attest: /s/Barbara M. Rivara, CMC City Clerk of the City of Walnut Creek I HEREBY CERTIFY that the foregoing resolution was duly and regularly passed and adopted by the City Council of the City of Walnut Creek,County of Contra Costa, State of California,at a regular meeting of said Council held on the 15th day of July 2003. Ci y Clerk of the City of Walnut Creek .......................................................................................................................................................................................................................................................................................................................... ST ORMWATER UTILITY AREA AGREEMENT BETWEEN TIME CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF WALNUT CREEK This AGREEMENT, entered into on the 1 st day of July 2003,is between the"CITY OF WALNUT CREEK", a municipal corporation of the State of California, hereinafter"CITY" and the Contra Costa County Flood Control and Water Conservation District, a political subdivision of the State of California, hereinafter"DISTRICT." The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: CITY in conjunction with DISTRICT and other local government entities, desires to continueparticipating in the development and implementation of a Joint Municipal National Pollutant''Discharge Elimination System (NPDES) permit for stormwater discharges hereinafter referred to as PERMIT. A Management Committee, hereinafter referred to as COMMITTEE, has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data; the preparation of reports documenting activities to meet the federal NPDES requirements; and, State of California water quality requirements. Upon issuance of the PERMIT, CITY must implement the Performance Standards identified for their CITY area.The DISTRICT has legal authorityto form Stormwater Utility Areas (SUA) along CITY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of CITY. At the request of CITY, DISTRICT has completed the process for formation of a SUA for CITY territory including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth CITY and DISTRICT responsibilities regarding the collection,administration,distribution,and expenditure of monies derived from stormwater utility assessments levied in CITY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: "Stormwater Utility Area"shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units (ERU) assigned to the parcel times the adopted fee amount for a single Equivalent Runoff Unit'. "Equivalent Runoff Unit"shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. - Page 1 ......... .................................. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: ■ Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall refer to the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current Joint Municipal NPDES stormwater permit. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A,funded by all co-permittee jurisdictions and governed by the Management Committee. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for the CITY (a) the number of ERUs in the CITY's SUA, (b) the number of parcels to be assessed,and the estimated remaining revenue for the current fiscal year. Annually, by May 1, CITY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request the DISTRICT to adopt Stormwater Utility Assessment levies based on said amount. DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The stormwater utility assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each stormwater utility area. All administrative costs incurred by DISTRICT in operating the stormwater utility area, including maintenance of the assessment data base, preparation of reports and documents,adjusting assessment and reviewing data on disbursements to CITY and expenditure by CITY, shall be borne by the fund. DISTRICT shall maintain accounting records for all Program Activity expenditures. DISTRICT shall charge CITY for Program Activity Costs. DISTRICT shall calculate the - Page 2 - ......... _.... ____ ........................................................................................................................................................................................................................................................................................................................... proration of Program Activity costs. DISTRICT shall debit CITY"s SUA Fund for CITY"s share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to CITYupon request. 6. DISBURSEMENT OF FUNDS TO CITY/TOWN/COUNTY: Annually, but not later than January 31, May 31, and September 14, DISTRICT shall instruct County Auditor- Controller to disburse to CITY revenue'from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent(2%) of the estimated total assessment, whichever is greater: 7. CITY/TOWN/COUNTY USE OF REVENUE: CITY agrees to expend the revenue received from the SUA solely for NPDES program activities including, but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement'definition,CITY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If CITY and DISTRICT do not agree,the issue will be referred to the COMMITTEE for final determination. CITY authorizes DISTRICT, on its behalf, to execute an agreement with the Central Contra Costa Sanitary District, the Delta Diablo Sanitation district, and the East Bay Municipal Utility District(collectively hereinafter"AGENCIES"),to implement an industrial and commercial inspection activities and illicit discharge control inspection activities program (hereinafter`INSPECTION PROGRAM"). Implementation of the INSPECTION PROGRAM will be pursuant to"AGREEMENT AMONG THE CONTRA COSTA COUNTY FLOOD'CONTROL'AND WATER CONSERVATION DISTRICT (ON BEHALF OF THE CONTRA COSTA CLEAN WATER PROGRAM), THE CENTRAL' CONTRA COSTA SANITARY DISTRICT,THE DELTA DIABLO SANITATION DISTRICT,AND THE EAST BAY MUNICIPAL UTILITY DISTRICT REGARDING THE CONTRA COSTA CLEAN WATER PROGRAM", shown as Exhibit "A", as it may be amended from time to time. CITY`s estimated share of the cost for the Inspection' Program shall be based on the projected number of inspections shown in Exhibit"B"attached hereto. Annually by May 1, CITY and DISTRICT will revise Exhibit "B" by agreeing to the Inspection Program activities and budget for the subsequent year without further' amendment of the AGREEMENT. 8. COST ACCOUNTING/ANNUAL REPORT: CITY shall maintain accounting records for all expenditures for a period' of five years. Annually, on January 15, CITY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts'expended on each activity for the previous fiscal year. The final format of said report shall be approved by COMMITTEE and DISTRICT. - Page 3 - 9. HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this agreement and due to or claimed or alleged to be die to the negligence or willfulmisconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use, its best efforts to ensure that accurate data is furnished to CITY, DISTRICT cannot guarantee the accuracy or completeness of the data furnished under this AGREEMENT. Therefore, CITY acknowledges that the obligation set forth in subsection A above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by CITY of the data furnished under this AGREEMENT, and CITY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body,officers and employees against the same, except for those acts of the DISTRICT which are grossly`negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: CITY's execution of this agreement does not bind the CITY in any way to continue participation in the Joint Municipal NPDES PERMIT. CITY and DISTRICT each reserve the right to terminate this AGREEMENT at any time for any reason with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: CITY OF WALNUT CREEK DISTRICT NPDES Coordinator Public Services Dept. — Engineering County Flood Control District 1666 North Main Street 255 Glacier Drive P.O. Box 8039 Martinez, CA 94553 Walnut Creek, CA 94596 If either party terminates this AGREEMENT, CITY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. CITY shall receive from DISTRICT all data or other information prepared by DISTRICT for CITY at CITY's expense, DISTRICT shall be responsible for disbursing the collected SUA revenue forthe current fiscal yearto the CITY subject to CITY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification - Page 4 - i ...... ................................................................................................................................................................................................................................................................................................................. only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions, however, it shall remain in full force and effect unless earlier terrnineted under Section 10. 13. ENTIRE AGREEMENT: This AGREEMENT is the entire agreement between the parties on the subject matter of this AGREEMENT and can be amended only as provided herein. CONTRA COSTA COUNTY FLOOD CITY OF WALNU E CONTROL AND WATER Mike barn s CON,6JEWATION DIS l By: By: Chair, i6oard of Supervisors city a ATTEST: ATTEST: John Sweeten, Clerk of the Board of Barbara Rivara Supervisors and County Administrator By. By: @'k' D u City Clerk .p ty Recommended for Approval: Recommended for Approval: Daniel Richardson Maurice Shiu Chief En ineer } By. B ublic Services Dire for Form Approved: Reviewed by: Silvano B. Marchesi Thomas Haas County Counsel By By: Deputy City Attorney - Page 5 - .......................................................................................................................................................................................... . . ...... ..................................................................... ..... ......... STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE COUNTY OF CONTRA COSTA (UNINCORPORATED AREA) This AGREEMENT, entered into on the 7th day of October, 2003, is between the County of Contra Costa, a political subdivision of the State of California, hereinafter"COUNTY," and the Contra Costa County Flood Control and Water Conservation District, a special district organized under California law, hereinafter"DISTRICT." This AGREEMENT replaces the STORMWATER UTILITY AREA AGREEMENT BETWEEN THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE COUNTY OF CONTRA COSTA that the parties previously entered into on November 16, 1999. The parties to this AGREEMENT mutually agree and promise as follows: 1. PURPOSE AND SCOPE OF WORK: COUNTY, in conjunction with DISTRICT and other local government entities, desires to continue participating in the development and implementation of the Joint Municipal National Pollutant Discharge Elimination System (NPDES) Permits for stormwater discharges issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards.(hereinafter referred to collectively as "PERMIT"). A Management Committee, hereinafter referred to as "COMMITTEE," has been formed to develop and implement PERMIT activities. The PERMIT requires the collection, evaluation, and mapping of data;the preparation of reports documenting activities to meet the federal NPDES requirements and State of California water quality requirements. Upon issuance of the PERMIT, COUNTY must implement the Performance Standards identified for the unincorporated area under the COUNTY's jurisdiction. The DISTRICT has legal authority to form Stormwater Utility Areas (SUA) along COUNTY boundaries and levy stormwater utility assessments to fund NPDES Program activities for and on behalf of COUNTY. At the request of COUNTY, DISTRICT has completed the process for formation of a SUA for COUNTY territory, including the adoption of Stormwater Utility Assessment Drainage Ordinance No. 93-47. This AGREEMENT is to set forth COUNTY and DISTRICT responsibilities regarding the collection, administration, distribution, and expenditure of monies derived from stormwater utility assessments levied in COUNTY's SUA. 2. DEFINITIONS: As used in this AGREEMENT, the following terms shall have the meanings set forth below: Page 1 - "Stormwater Utility Area" or "SUA" shall refer to the geographic area contained in the incorporated or unincorporated limits of CITY/TOWN and COUNTY, respectively. "Stormwater Utility Assessment" shall refer to the calculated assessment for each property having impervious surface within the Stormwater Utility Area. The amount of assessment shall be the product of the number of Equivalent Runoff Units(ERU) assigned to the parcel times the adopted fee amount for a single',Equivalent Runoff Unit. "Equivalent Runoff Unit"or"ERU"shall refer to the service charge rating assigned to each parcel within the Stormwater Utility Area based on its land use. "Drainage System Maintenance" shall refer to all work related to maintaining and operating the existing storm drain system, including but not limited to the following types of activities: • Inspection of existing drainage facilities ■ Cleaning of existing drainage facilities through the removal of vegetation and debris ■ Repair of channel erosion and washouts N Replacement of deteriorated pipes with new pipes of corresponding size "System Conveyance Improvements" shall referto the work performed in upgrading an existing system's conveyance capacity by constructing a larger facility or to construct a new facility where one did not exist before. "System Pollution Control Improvements" shall refer to work performed in constructing improvements to prevent pollutants from entering stormwaters or removing pollutants from stormwaters. "NPDES Activities" shall refer to all necessary actions taken to reduce, eliminate and prevent stormwater contamination from entering waters of the U.S. as required under the current PERMIT. "Program Activities" shall refer to all NPDES activities delineated in the Contra Costa Clean Water Program Agreement, Section A, funded by all co-permittee jurisdictions and governed by the COMMITTEE. 3. ESTABLISHMENT OF ASSESSMENTS: Annually, by March 15, DISTRICT shall estimate for COUNTY(a)the number of ERUs in COUNTY's SUA, (b)the number of parcels to be assessed, and (c)the estimated remaining revenue for the current fiscal year.Annually, by May 1, COUNTY shall determine the cost to be assigned to a single ERU for the forthcoming fiscal year and shall by resolution request DISTRICT to adopt Stormwater Utility Assessment levies based',on said amount. Page 2 - .......................................................................................................11.11,111,111,111, ................................................................................................................................................... .................................... DISTRICT shall prepare necessary reports, resolutions, ordinances, and public notices to complete the public hearing process, for adoption of the proposed assessments for the next fiscal year. 4. COLLECTION OF ASSESSMENTS: The Stormwater Utility Assessments shall be collected by the County Tax Collector with the property tax. The charge for this service shall be subtracted from the funds. 5. FUND ADMINISTRATION: DISTRICT shall maintain a separate fund for each Stormwater Utility Area. All administrative costs incurred by DISTRICT in operating the Stormwater Utility Area, including maintenance of the assessment data base, preparation of reports and documents, adjusting assessments, and reviewing data on disbursements to COUNTY and expenditures by COUNTY, shall be borne by the fund. DISTRICT shall maintain accounting records for all expenditures for Program Activities. DISTRICT shall charge COUNTY for costs of Program Activities. DISTRICT shall calculate the proration of costs for Program Activities. DISTRICT shall debit COUNTY's SUA fund for COUNTY's share of said costs incurred. DISTRICT shall maintain accounting records for all debits and credits to the fund and shall provide copies of said records to COUNTY upon request. 6. DISBURSEMENT OF FUNDS TO COUNTY: Annually, but not later than January , May 31, and September 10, DISTRICT shall instruct the County Auditor- Controller to disburse to COUNTY revenue from the fund. The amount to be disbursed each time shall be the fund balance less the following deduction: $3,000 or two percent (2%) of the estimated total assessment, whichever is greater. 7. COUNTY USE OF REVENUE: COUNTY agrees to expend the revenue received from the SUA solely for NPDES Program Activities, including but not limited to construction of System Pollution Control Improvements and Drainage System Maintenance. Prior to funding System Pollution Control Improvements or Drainage System Maintenance activities that also meet the System Conveyance Improvement definition, COUNTY will review the project with DISTRICT for agreement on the percentage of work eligible for Stormwater Utility funding. If COUNTY and DISTRICT do not agree, the issue will be referred to the COMMITTEE for final determination. 8. COST ACCOUNTING/ANNUAL REPORT: COUNTY shall maintain accounting records for all expenditures for a period of five years. Annually, on January 15, COUNTY shall provide DISTRICT with a summary report specifying the activities performed and the dollar amounts expended on each activity for the previous fiscal Page 3 - ................ ................... .................... year. The final format of said report shall be approved by COMMITTEE and DISTRICT. 9. INSURANCE AND HOLD HARMLESS: A. Each party shall defend, indemnify, save and hold harmless the other party, its governing body, officers and employees from and against any and all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or death arising from or related to the performance of this AGREEMENT and due to or claimed or alleged to be due to the negligence or willful misconduct of the indemnifying party, its officers, contractors, consultants, agents or employees. B. Although DISTRICT will use its best efforts to ensure that accurate data is furnished to COUNTY, DISTRICT cannot guaranteethe accuracy or completeness of the data furnished under this AGREEMENT. Therefore, COUNTY acknowledges that the obligation set forth in Subsection A-above shall not apply to third party claims, demands, suits, costs, expenses and liability arising from or connected with the use by COUNTY of the data furnished under this AGREEMENT, and COUNTY agrees to defend, indemnify, save and hold harmless DISTRICT, its governing body, officers and employees against the same, except for those acts of DISTRICT that are grossly negligent or arise out of willful misconduct. C. Nothing in this AGREEMENT is intended to or shall be construed to affect the legal liability of either party to third parties by imposing any standard of care different from that imposed by law. The provisions of this Section 9 shall survive any termination or expiration of this AGREEMENT. 10. AGREEMENT TERMINATION: COUNTY`s execution of this agreement does not bind COUNTY in any way to continue participation in the PERMIT. COUNTY and DISTRICT each reserve the right to terminate this AGREEMENT with 90 days written notice, at which time a final accounting will occur. Written notification to the following addresses by certified mail, return receipt requested, constitutes adequate notice: COUNTY DISTRICT Contra Costa County Contra Costa County Flood Control & c/o Public Works Department Water Conservation District 255 Glacier Drive c/o Public Works Department Martinez, CA 94553 255 Glacier Drive Martinez, CA 94553 - Page 4 - If either party terminates this AGREEMENT, COUNTY shall be responsible for its prorata share of all expenses incurred up to the effective date of such termination. COUNTY shall receive from DISTRICT all data dr other information prepared by DISTRICT for COUNTY at COUNTY's expense. DISTRICT shallbe responsible for disbursing the collected SUA revenue for the current fiscal year to the COUNTY subject to COUNTY's compliance with Sections 7 and 8. 11. AGREEMENT MODIFICATION: This AGREEMENT shall be subject to modification only by the written agreement of both parties. Neither party shall unreasonably withhold its consent to the implementation and accomplishment of the overall purpose for which this AGREEMENT is drawn. 12. AGREEMENT EXPIRATION: It is anticipated this AGREEMENT may need to be modified, revised or amended from time to time to respond to changed conditions. However, unless earlier terminated under Section 14 above, this AGREEMENT shall continue in full force and effect, in perpetuity. Page 5 - CONTRA COSTA COUNTY FLOOD COUNTY OF CONTRA COSTA CONTROL. AND WATER CONSERVATION DISTRICT By:�A ~'' By: Chair pard of Supervisors` Chair, Board of Supervise ATTEST: ATTEST: John Sweeten, Clerk of the Board of John Sweeten, Clerkof the Board of Supervisors and County Administrator Supervisors and County Administrator ZBy. ` By: '0 Deputy Deputy Recommended for Approval: Recommended for Approval: Maurice Shiu Maurice Shiu Chief Engineer Public Works Director By: By Form Approved: Form Approved: Silvano B. Marchesi Silvano B. Marchesi County Counsel County Counsel BY:, �rA 4ZAU�G°t Y B Deputy Deputy LM G:\GrpOata\FldCtikSWUF\BO\Agreements\FY 03 04\COUNTY SUA Agmt 9.23-03.doc - Page 6 - THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 7, 2003, by the following vote: AYES: SRUMSORS csorA, to IMIA, aWWC, GLMM AM raeSMXN NOES: NW ABSENT: i ABSTAIN: NW RESOLUTION NO. 2003f'578 SUBJECT: APPROVE AMENDED CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT (2003-2010), EFFECTIVE JULY 1, 2003, BETWEEN THE COUNTY OF CONTRA COSTA,ALL NINETEEN OF ITS INCORPORATED CITIES, AND THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT. WHEREAS, under the Federal Water Pollution Control Act, as amended- 1987, mended i1987, stormwater discharges from municipal separate storm sewer systems are covered under the National Pollutant Discharge Elimination System (NPDES)permit requirements; and, WHEREAS, in California, the NPDES permits are issued through the California State Mater Resources Control Board and its nine Regional Water Quality Control Boards; and, WHEREAS, the San Francisco Bay and Central Valley Regional Water Quality Control Boards required that Contra Costa County, all nineteen of its incorporated cities, and the Centra Costa County Flood Control & Water Conservation District (Flood Control District) apply for and obtain joint municipal NPDES permits; and, WHEREAS, these jurisdictions participated in permit application activities and received original joint municipal NPDES permits from the San Francisco Bay and Central Valley Regional Water Quality Control Boards; and, €hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED:JOHN SWEETF'€V, Clerk of the Board of Supervisors and County Administrator tCI'o , 2003 �} Y , Deputy Resolution No. 20031 578 PW SUBJECT: APPROVE AMENDED CONTRA COSTA CLEAN WATER PROGRAM AGREEMENT(2003- 2010, EFFECTIVE JULY 1, 2003, BETWEEN THE COUNTY OF CONTRA COSTA,ALL NINETEEN OF ITS INCORPORATED CITIES, AND THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT. DATE: OCTOBER 7, 2003 PAGE: 2 WHEREAS, the San Francisco Bay Regional Water Quality Control Board approved a reissued second joint municipal NPDES permit (Permit #CAS0029912) on July 21, 1999; and WHEREAS, the Central Valley Regional Water Quality Control Board approved a reissued second joint municipal NPDES permit(Permit#CAA0083313)on June 16, 2000; and WHEREAS, cooperative efforts between the Cities, County, and Flood Control District under the joint municipal NPDES permits have minimized the costs of the Program to all parties; and, WHEREAS, on April 1, 1998, Contra Costa County, all nineteen of its incorporated cities, and the Flood Control District entered into a Program Agreement delineating Program activities, structure, membership, costs, and participation; and, WHEREAS, the County, Cities, and Flood Control District now desire to amend the Program Agreement to extend the term to coincide with the term of the reissued second Joint Municipal NPDES permits. NOW, THEREFORE, THE BOARD RESOLVES THAT: The County will continue to participate in the implementation of the reissued joint municipal NPDES permits and agrees to share in Program costs, provide appropriate staff support, and provide detailed information necessary to implement the reissued permits. On behalf of the County,the Board approves and authorizes the Board chair to execute the amended Contra Costa Clean Water Program Agreement (200312010), substantially in the form shown in Attachment "A", which is effective July 1, 2003 and replaces the existing Contra Costa Clean Water Program Agreement dated April 1, 1998. The Clerk of the Board of Supervisors shall provide three signed, certified copies of this resolution to the Contra Costa Clean Water Program Manager. G.tGrp0a#aT1dCMNPDES\80\ 0 Approve NPDES 10-7-03.doc Resolution No. 2003/ 578 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 7, 2003, by the following vote: AYES: anmmscRs GI07A, unam, QuEsm, MOM, � DesAiJlURM NOES: MW, ABSENT: ABSTAIN:Nm RESOLUTION NO. 20031579 SUBJECT; APPROVE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROLAND WATER CONSERVATION DISTRICT AND THE COUNTY OF CONTRA COSTA (UNINCORPORATED AREA) WHEREAS, the County of Contra Costa, in conjunction with the Contra Costa County Flood Control and Water Conservation District ("Flood Control District") and all nineteen cities in Contra Costa County, has been required by the federal government and the San Francisco Bay and Central Valley Regional Water Quality Control Boards to participate in the development and implementation of joint municipal National Pollutant Discharge Elimination System (NPDES) permits for stormwater discharges;.and, WHEREAS, on July 21, 1999, the San Francisco Bay Regional Water Quality Control Board issued a second joint municipal NPDES permit for public agencies under its jurisdiction; and, WHEREAS, On June 16, 2000,the Central Valley Regional Water Quality Control Board issued a second joint municipal NPDES permit for public agencies under its jurisdiction; and, I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors . on the date shown. ATTESTED:JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator DATE: { 7, 2003 Deputy Resolution No. 2003/579 PW r SUBJECT; APPROVE STORMWATER UTILITY AREA AGREEMENT BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE COUNTY OF CONTRA COSTA (UNINCORPORATED AREA) DATE: October 7, 2003 PACE: Two WHEREAS, the County, Flood Control District, and all nineteen cities in Contra Costa County have entered into an agreement entitled "Contra Costa Clem Water Program Agreement" delineating the joint program activities to be funded and performed by the parties to that agreement; and, WHEREAS, the cities have entered into a Stormwater Utility Area Agreement between the Flood Control. District and each participating city delineating the individual program activities to be funded and performed for each city's Stormwater Utility Area;and, WHEREAS, on November 16, 1899, the Flood Control District and the County of Contra Costa entered into a Stormwater Utility Area Agreement delineating the individual activities to. be funded and performed for the County's Stormwater Utility Area (the unincorporated area of Contra Costa County)} and, WHEREAS, the County and the Flood Control District desire to update and make minor changes to the Stormwater Utility Agreement that they previously entered into on November 16, 1999. NOW,THEREFORE, THE BOARD RESOLVES THAT: On behalf of the County, the Board approves the Stormwater Utility Area Agreement,which replaces the agreement previously entered into on November 16, 1999, and authorizes the Board Chair to execute the amended agreement. This resolution shall become effective immediately upon its adaption. The Clerk of the Board shall provide three signed, certified copies of this resolution and three signed originals of the amended agreement to the Assistant Chief Engineer, Contra Costa County Flood Control and Water Conservation District. GAGrp0ata\F1dCt1WPDESW\Res SUA Agmt County 10-7-038.doc Resolution No. 2003/579