HomeMy WebLinkAboutContracts & Agreements_188-2010_CCv0001.pdf REPORT/RECOIVIMENDATION TO THE BOARD OF SUPERVISORS
SITTING AS THE GOVERNING BOARD OF THE FOLLOWING:
SAN BERNARDINO COUNTY AND
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
AND RECORD OF ACTION
June 282011
FROM: GRANVILLE M. BOWMAN, Director
Department of Public Works —Transportation
And Flood Control Engineer—San Bernardino County Flood Control District
SUBJECT: NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATER PERMIT IMPLEMENTATION AGREEMENT, SANTA ANA
REGION
REC MMEN ATION(S)
1. Acting as the governing board of the San Bernardino County Flood Control District:
a. Approve the National Pollutant Discharge Elimination System (NPDES) Stormwater
Permit Implementation Agreement No.11-545 with the County of San Bernardino, and the
cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland,
Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino,
Upland, and Yucaipa (Co-Permittees).
b. Designate the Flood Control Engineer (or the Flood Control Engineer's designee) as the
authorized representative of the San Bernardino County Flood Control District to
participate on the Implementation Agreement's Management Committee and represent
the San Bernardino County Flood Control District and vote on Stormwater Management
Program budgets and all other program elements required to implement the areawide
Municipal Stormwater Management Plan for the duration of the Implementation
Agreement.
2. Acting as the Board of Supervisors of San Bernardino County.
a. Approve the NPDES StormwaterPermit Implementation Agreement with the San
Bernardino County Flood Control District and the Co-Permittees.
b. Designate the Director of Public Works (or the Director's designee) as the authorized
representative of San Bernardino County to participate on the Implementation
Agreement's Management Committee and represent and vote on Stormwater
Management Program budgets and all other program elements required to implement the
areawide Municipal Stormwater Management Plan for the duration of the Implementation
Agreement.
(Affected Districts: All.)
(Presenter: Annesley Ignatius, Deputy Director, 387-7906)
Page 1 of 4
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NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
STORMWATER PERMIT IMPLEMENTATION AGREEMENT, SANTA ANA
REGION
JUNE 28, 2011
PAGE 3 OF 4
R8-2010-0036, NPDES No. CAS 618036. Under the requirements of the Permit, the Co
Permittees and the Principal Permittee are required to enter into an implementation agreement.
There is an existing implementation agreement, which was approved by the Board of Supervisors
on May 4, 1992 (Item No. 44), after receipt of the initial NPDES Permit (Order No. 90-136). It
was modified on December 12, 1995 (Item No. 43) during the first term of that initial Permit,
Since approval of the existing agreement there have been a number of regulatory and
programmatic changes, including the issuance of three additional NPDES Permits (Orders 96-32,
R8-2002-0012, and the new Permit, R8-2010-0036).
The San Bernardino County Stormwater Program Management Committee (Management
Committee), comprised of designated representatives from each Permittee agency, has
developed this revised Implementation Agreement to reflect the current regulatory and
programmatic structure, The final draft of the revised Implementation Agreement was endorsed
by the Stormwater Program Management Committee on July 13, 2010, after extensive input from
the Permittees' respective legal counsels. All Permittee agencies have executed the
Implementation Agreement in advance of the County and the District,
The Implementation Agreement specifies the District's role in coordinating and implementing
areawide program activities. As the Principal Permittee, the District serves as the lead
administrator of the area-wide program activities on behalf of the Co-Permittees. The County and
the sixteen incorporated cities within the Santa Ana watershed are designated as Co-Permittees
within the Agreement. As a Co-Permittee, the County is expected to submit necessary
compliance deliverables to the District in a complete and timely manner and participate in area-
wide program activities.
Approval of this item will approve, on behalf of the District and the County, respectively, the
NPDES Stormwater Permit Implementation Agreement. The term of the Implementation
Agreement coincides with the term of the current NPDES Permit (Order No. R8-2010-0036) and
shall terminate six months after the Santa Ana Regional Water Quality Control Board approval of
the NPDES Permit that follows Order No. R8-2010-0036. The current NPDES Permit (Order No.
R8-2010-0036) expires on January 29, 2015.
Approval of this item will also designate the authorized representative of the District and the
County to participate on the Implementation Agreement's Management Committee and represent
and vote on Stormwater Management Program budgets and all other program elements required
to implement the areawide Municipal Stormwater Management Plan for the duration of the
Implementation Agreement.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Scott M. Runyan, Deputy County Counsel, 387-
9022) on May 25, 2011, County Counsel (Charles S. Scolastico, Principal Assistant County
Counsel, 387-5281) on May 25, 2011 and the County Administrative Office (Beatriz Valdez,
Principal Administrative Analyst, 387-1852) on June 8, 2011.
06/28/11 #94
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Contract Representative Telephone Total Contract Amount
SAN BERNARDINO COUNTY
TY Gia Kim, Chief, Land DevefopmentlEMf (909)387-8145 $
Contract Type
FLOOD CONTROL DISTRICT Revenue L Encumbered Ell Unencumbered � Other
if not encumbered or revenue contract type,provide reason:
and Commodity Code Contract Start Date Contract End Date Original Amount Amendment Amount
COUNTY $
Appr. GltrilRevSource CRC1PROJIJOB No Amount
OF Fund Dept. Organization
SAN BEt NARf INt RLF 099 099 8842 30F01343
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Fund Dept. Organization Appr, Obi/Rev Source GRC/F'ROJ/JOB No. Amount
F A S RLF 099 099 9970 30F01343
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Fund Dept. organization Appr. ObjlRev Source GRC/Pf OJ/JOB No. Amount
CONTRACT TRANSMITTAL RLF 099 09999975 30F01343
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Project Name Estimated Payment Total by Fiscal Year
NPDES Storrnwater Permit FY Amount t/D FY Amount l/D
implementation Agreement, $ $ _
Santa Ana Region I s
Order No. R8-2010-0036 s . s
CONTRACTOR Co-Permittees, Cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma
Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa
Federal ID No, or Social Security No.
Contractor's Representative
AddressPhone ( )
Nature of Contract: (Briefly describe the general terms of the contract)
As a requirement of the area-wide National Pollutant Discharge Elimination System (NPDES) Permit, Order No.
R8-2010-0036, NPDES No. CAS 618036, dated January 29, 2010 and issued by the California Regional Water
Quality Control Board, Santa Ana Region, an Implementation Agreement has to be signed between all the Co
Permittees listed in the Permit as well as the Implementation Agreement. This Agreement outlines the
responsibilities of each Co-Permittee and funding for the area-wide programs. Funding by each Co-Permittee
each fiscal year will vary based on the projected costs for the fiscal year. The Implementation Agreement is made
a part of this contract.
(Attach this transmittal to all contracts not prepared on the "Standard Contract"for-
Approved as to Legal Form(sign in blue ink) Reviewed as Contract CorQpliance Pres,nt-. to Board for f; lure
9 pag4K1es. E"
See attached signature a es.
Counsel
DateDate= t �1 Date ' L'ff' nt
AtrditoriCantroller-Recorder Use Only
a Contract Database 0 FAS
input Date Keyed By
Revised 1/13/09
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORM WATER PERMIT IMPLEMENTATION AGREEMENT
SANTA ANA REGION
4
5
6 This AGREEMENT entered into as of this 28th day of June, 2011, by the County of San
7 Bernardino, (herein called the COUNTY), the San Bernardino County Flood Control District
8 (herein called the DISTRICT), and the Cities of Big Bear Lake, Chino, Chino Hills, Colton,
9 Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga,
10 Redlands, Rialto, San Bernardino, Upland, and Yucaipa (herein called the CITIES) establishes
1 I the responsibilities of each party with respect to compliance with National Pollutant Discharge
12 Elimination System (NPDES) Stormwater regulations administered by the California Regional
13 Water Quality Control Board, Santa Ana Region (SARIATQCB) by the authority granted by the
14 federal Clean Water Act(CWA) and its 1987 amendments and the Water Quality Act (WQA).
15
16 RECITALS
17
18 Whereas
19 Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 U.S.C,A. 1342
20 (p)) to require the federal Environmental Protection Agency (EPA) to promulgate regulations
21 for applications for permits for stormwater discharges;and
22
23 Whereas
24 These permit regulations require the control of pollutants from stormwater discharges
25 by requiring a National Pollutant Discharge Elimination System (NPDES) Permit for the
26 discharge of stormwaters into waters of the United States;and
27
28 Whereas
29 These EPA regulations require NPDES permits for discharges from municipal separate
30 storm sewer systems (MS4 Permit) on a system-wide or jurisdiction-wide basis;and
31
32 Whereas
33 The State Legislature, in enacting the San Bernardino County Flood Control Act, created
34 the San Bernardino County Flood Control District to provide for the control of flood and storm
35 waters; and
36
37 Whereas
38 The Powers granted to the DISTRICT by the San Bernardino County Flood Control Act
39 include carrying on technical and other investigations, examinations, or tests of all kinds,
40 making measurements, collecting data, and making analyses, studies, and inspections
41 pertaining to NA'ater supply, control of floods, use of water, water quality, nuisance, pollution,
42 Waste, and contamination of water both within and without the DISTRICT;and
43
44 Whereas
45 The CITIES, the COUNTY and the DISTRICT desire to develop and implement an
46 integrated stormwater discharge management program with the objective of improving water
47 quality in the Santa Ana Watershed portion of San Bernardino County;and
AOR 20'0 MS4 feflAtmeniation-Fro(2}doe
48
49 Whereas
50 The California State Water Resources Control Board (SWRCB) as designee of the EPA
51 has delegated authority to the Regional Water Quality Control Board - Santa Ana Region
52 (SARWQCB) for administration of the MS4 Permit program and issuance of MS4 Permits within
53 the boundaries of their Region; and
54
55 Whereas
56 The DISTRICT, COUNTY, and CITIES have been designated as joint permittees
57 (Permittees) by the SARWQCB for the MS4 Permit issued to the County of San Bernardino;and
58
59 Whereas
60 The DISTRICT has been designated as the Principal Permitee in the MS4 Permit;and
61
62 Whereas
63 The COUNTY and the CITIES have been designated as the Co-permittees in the MS4
64 Permit; and
65
66 Whereas
67 Cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file an
68 application for the MS4 Permit is in the best interest of the CITIES, the COUNTY, and the
69 DISTRICT;and
70
71 Whereas
72 The Permittees shall establish and maintain a Management Committee to coordinate
73 compliance with MS4 Permit requirements and implement a Stormwater Management Program
74 across all jurisdictions covered by this MS4 Permit;and
75
76 NOW THEREFORE, the parties hereto do mutually agree as follows:
77
78 L Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file the application for
79 an area-wide storm water permit. The COUNTY, the DISTRICT, and each individual
80 CITY will be a Permittee.
81
82
83 IL Management Committee. The DISTRICT, as Principal Permittee, and COUNTY and
84 CITIES, as Co-permittees, shall support and facilitate compliance with area-wide MS4
85 Permit requirements and implementation of the Stormwater Management Program
86 through the workings of the Management Committee. The responsibilities and structure
87 of this committee shall include:
88
89
90
91 A. The purpose of the Management Committee shall be to develop policies,
92 (including goals, needs, and priorities) budgets, and implementation
93 strategies and plans for the area-wide Stormwater Management Program
94 to ensure compliance with the MS4 Permit. The Management Committee
2010 MS4 PnplementivorF r 2
95 shall evaluate implementation options and strategies and recommend
96 implementation actions to the DISTRICT.
97
98 B. Each Permittee shall designate in writing at least one authorized
99 representative and one alternate to participate on the Management
100 Committee. Management Committee designees and alternates shall be
101 authorized by their respective city council or governing board to cast
102 Votes on behalf of their jurisdiction to determine Stormwater
103 Management Program budgets and all other program elements required
104 to implement the areawide Municipal Stormwater Management Plan
105 (MSWMP).
106
107 C. The Principal Permittee shall serve as the chairperson for the
108 Management Committee.
109
110 D. The Management Committee shall meet at least once each month, except
111 during the month of December.
112
113 E. Ten (10) authorized representatives present in person at a scheduled
114 meeting constitute a quorum for the transaction of business of the
115 Management Committee. If a quorum is not present at a scheduled
116 Management Committee meeting, less than a quorum may adjourn the
117 meeting. For all Management Committee actions other than approval of
118 the budget as set forth in Section VII.C.1. of this AGREEMENT, a
119 majority vote of the quorum shall decide any question brought before the
120 Management Committee for decision.
121
122 F. The Management Committee shall support Stormwater Management
123 Program implementation by providing guidance to the Principal Permittee
124 with respect to stomiwater program administration and approving
125 elements of the area-wide MSWMP.
126
127 G. The Management Committee may establish subcommittees to support
128 the work of the Management Committee, Subcommittees shall include
129 interested members of the Management Committee, and/or other
130 Permittee staff with necessary expertise, Subcommittees may develop
131 recommendations for Management Committee consideration. Such
132 recommendations require majority approval by members of the
133 subcommittee on a one vote per Permittee basis.
134
135 IL Approval of Management Committee decisions i11 require a majority
136 vote of the authorized representatives or alternates in attendance. on a one
137 vote per Permittee basis. In the event that the Management Committee
138 does not approve a subcommittee recommendation. the item will be
119 directed back to the subcommittee for reconsideration.
201C MS4 Irsvefreriavon FriM 3
140 I. All parties to this AGREEMENT achieve cost savings by working
141 collectively to implement the areawide stonnwater program. To
142 maximize these cost savings, the Permittees agree that:
143
144 1. Each authorized representative shall actively participate in at least
145 9 of 11 monthly Management Committee meetings;
146
147 2. Each Permittee shall actively participate in at least one
148 subcommittee, either through the authorized representative or
149 other authorized designee. Participation will be defined as
150 attendance at fifty percent (50%) or more of subcommittee
151 meetings held in a given fiscal year.
152
153
154 III. Principal Permittee Responsibilities.
155
156 The DISTRICT, acting through its Board of Directors, is the Stormwater Program Administrator
157 for purposes of this AGREEMENT. The District shall have administrative responsibilities and
158 shall be reimbursed for its time expended on behalf of the Stormwater Program. These rates
159 include actual hourly rate plus overhead. Materials are to be reimbursed at direct cost.
160
161 The DISTRICT,while acting as administrator,will strive to implement the policies,budget, and
162 required program elements according to the recommendations of the Management Committee.
163 In turn, the Management Committee will work in good faith with the DISTRICT to make
164 reasonable policy, budget and required program element recommendations to the
165 DISTRICT. The Parties recognize and acknowledge,however, that the DISTRICT, as governed
166 h the San Bernardino County Board of Directors, retains final authority regarding the nature
167 and manner in which the recommendations of the Management Committee shall be executed.
168
169 In the event that the DISTRICT proposes to implement an approach different than the one
170 recommended by the Management Committee, the DISTRICT's proposed alternative action
171 shall be communicated to the Management Committee at the next available meeting of the
172 Management Committee. If the Management Committee approves the alternative action, then
173 the cost sharing provisions of this AGREEMENT shall govern the allocation of any costs
I 74 associated with that alternative action. If, in good faith, the Management Committee does not
175 approve the alternative action,the DISTRICT may implement the alternative action,but the
I 76 DISTRICT shall be solely responsible for paying the increased costs,if any,resulting from the
177 alternative action, This increased cost shall be measured by the difference between the cost of
178 the alternative action and the estimated cost of the action as reasonably recommended by the
179 Management Committee,
180
181 If the DISTRICT'S proposed alternative implementation action involves an increase in program
182 costs, that alternative implementation action shall not be adopted until such time as each
183 authorized representative of the Management Committee has had 45 days to relay that
184 alternative implementation action to its various governing bodies for approval. CITIES and
185 COUNTY shall have no responsibility for the incremental increase in cost associated with an
2Mte MSPS imrSemcsmtmi 1m4‘ 4
I 86 alternative action that is not approved by the Management Committee after 45 days has passed
187 with the governing bodies failing to approve the alternative implementation action.
188
189
190
191 The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater
192 Management Program contracts and agreements with all consultants, contractors, vendors or
193 other entities as recommended by the Management ComnUttee.
194
195 The DISTRICT, if recommended by the Management Committee, may act on behalf of the Co-
196 permittees as applicant in preparing and submitting grant proposals, and may act as
197 administrator for any awarded grant funds.
198
199 The DISTRICT, if recommended by the Management Committee, will act on behalf of the
200 Stormwater Program as the contracting party and signatory in joint agreements with other
201 municipal stormwater programs and stakeholders for regional benefits and cooperation.
202
203 As the Principal Permittee under the MS4 Permit, the DISTRICT shall coordinate all area-wide
204 MS4 Permit activities and manage the Stormwater Management Program by:
205
206 A. Conducting chemical, biological and bacteriological water quality
207 monitoring on behalf of the areawide program as required by the MS4
208 Permit,
209
210 B. Implementing management programs, monitoring programs, and related
211 plans as required by the MS4 Permit.
212
213 C. Preparing and submitting to the Executive Officer (SARIATQCB) unified
214 reports, plans, and programs necessary to comply with the MS4 Permit.
215
216 D, Coordinating and conducting Management Committee meetings as
217 specified in the MSWMP.
218
219 E. Taking the lead role in initiating and developing area-wide programs and
220 activities necessary to comply with the MS4 Permit.
121
/12 F. Participating, as needed, in any subcommittees formed to facilitate MS4
/23 Permit requirements.
224
225 G. Providing technical and administrative support and inform the Co-
226 permittees of the progress of other pertinent municipal programs, pilot
227 projects, research studies, and other information to facilitate
228 implementation of Co-permittees' stormwater program.
219
2C I 0 MS4 Imp€unentat on-P wot 5
230 H. Coordinating the implementation of area-wide Stornavater Management
231 Program activities such as a monitoring program, public education, and
232 pollution prevention.
233
234 I. Gathering and disseminating information on the progress of statewide
235 municipal stormwater programs and evaluate the information for
236 potential use in the execution of the MS4 Permit.
237
238 1. Monitoring the implementation of the plans and programs required by
239 the MS4 Permit and determine their effectiveness in attaining water
240 quality standards.
241
241 K. Coordinating with SARIATQC13 activities pertaining to implementation of
243 the MS1 Permit,including the submittal of all required reports, plans,and
244 programs.
245
246 L. Soliciting and coordinating public input for any major proposed
247 stormwater management programs and implementation plans.
248
249 M. Developing and implementing mechanisms, performance standards, etc.,
250 to promote consistent implementation of Best Management Practices
251 among the Permittees.
252
253 N Cooperating in watershed management programs and regional and/or
254 statewide monitoring programs.
255
256 IV. Co-permittee Responsibilities. The Co-permittees shall support the Principal Permittee
257 by:
258
259 A. Preparing and submitting to the Principal Permittee in a timely manner
260 all required information necessary to comply with permit reporting
261 requirements, Timely completion of Permittee annual report
262 information is considered meeting the deadline if received on or before
263 September 15th of each reporting year.
264 B. Notifying the Principal Permittee immediately,in writing, of any
265 changes to the designated representative to the Management
266 Committee.
267 C, Reviewing and commenting on all plans, strategies,management
268 programs, and monitoring programs,as developed by the Principal
269 Permittee or a subcommittee of the Management Committee.
270 D. Conducting and/or coordinating with the Principal Permittee on any
271 surveys or characterizations needed to identify pollutant sources from
272 specific drainage areas.
273
2 ms4 ffloemente,don r,rM
274 V. Compliance Responsibilihes, The DISTRICT, COUNTY and CITIES are individually
275 responsible for implementing all MS4 Permit requirements within their respective
276 jurisdictions. The Management Committee does not assume any responsibility for
277 implementing the Stormwater Management Programs for the Principal Permittee or any
278 other Permittee or for ensuring that the Principal Permittee or the Co-permittees
279 implement programs consistent with the recommendations of the Management
280 Committee,
281
282 VI, Indemnification and Insurance. Each party shall indemnify, defend, and hold harmless
283 the other parties to this AGREEMENT from and against any and all liability and expense
284 arising from any act or omission of the indemnifying party, its authorized officers,
285 employees, agents, and volunteers in connection with the performance of this
286 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal
287 fees, claims, actions, damages, liability, and causes of action for damages of any nature
288 whatsoever; provided, however, that no party shall indemnify another party for that
289 party's own negligence or willful misconduct.
290 In the event a party, or parties,to this AGREEMENT is/are found to be comparatively at
291 fault for any claim, action, loss or damage which results from their respective obligations
292 under this AGREEMENT, the party, or parties shall indemnify the other party/parties to
293 the extent of its/their comparative fault. Furthermore, if a party attempts to seek
294 recovery from the other for Workers' Compensation benefits paid to an employee, the
295 parties agree that any alleged negligence of the employee shall not be construed against
296 the employer of that employee.
297 The parties to this AGREEMENT are authorized self-insured public entities for purposes
298 of Professional Liability, Automobile Liability, General Liability, and Workers'
299 Compensation and warrant that through their programs of self-insurance, they have
300 adequate coverage or resources to protect against liabilities arising out of their
301 performance under this Agreement.
302
303
304
305
306 VII, Program Costs. The responsibilities for payment of all shared costs of equipment,
307 services, contracted analytical services, and the cost of implementing the MS4 Permit,
308 shall be distributed among the DISTRICT,COUNTY, and CITIES as follows:
309
310 A. The DISTRICT shall contribute 5% of the annual Program Costs; the other
311 Permittees shall be responsible for the remaining 95% of the Program
312 Costs.
313
314 B. The annual budget shall separate program costs into four Program Areas:
315
316 1. Monitoring, which shall include any water quality and
317 hydrographic monitoring and laboratory analyses.
318
319
Pubtic Education,which shall include all public outreach programs,
320
20,0u64rnplemc nta4on-Fg)a 7
321 3. Program Management & Regulatory Activities, which includes
322
administrative, reporting and regulatory activities.
323
324 4. Training, which addresses any training conducted to implement
325 the stormwater management program.
126
327 C. The Principal Permittee shall prepare and implement an annual operating
328 budget with the participation of the Permittees. The budget year shall
329 coincide with the fiscal year of the DISTRICT.July 1 -June 30.
330
331 1. The Principal Permittee will forward the annual operating budget
332 for the forthcoming year to the Co-permittees for review and
333 approval. The review period shall be from the first business day of
334 November to the first business day of December of each year.
335 During the review period, the Co-perrnittees may provide written
336 comments on the budget to the Principal Permittee, The Fiscal
337 Subcommittee will review the comments on the budget and
338 endorse a draft budget for Management Committee approval, The
339 Management Committee will consider the draft budget for
340 approval at the January meeting. An affirmative response from a
341 majority of the total number of authorized representatives or
342 authorized alternates is required for approval.
343
344 D. For Fiscal Year 2010/11,the Permittees cost share shall be as follows:
PERMITTEE PERCENTAGE SHARE
Big Bear Lake L98
Chino 4.59
Chino Hills 5.08
Colton 3.48
Fontana 7.45
Grand Terrace 0.80
Highland 2,21
Loma Linda L36
Montclair 2.19
Ontario 11.99
Rancho Cucamonga 9,81
Redlands 4.84
Rialto 5.58
San Bernardino 12.13
Upland 5.05
201C MS4 rl,p v cr 8
PERMITTEE PERCENTAGE SHARE
Yucaipa 3.42
County 13.04
District 5M0
TOTAL 100
345
346 E. For Fiscal Year 2011/12, and all subsequent fiscal years the Permittees
347 cost share shall be determined annually according to the methodology
348 provided in Appendix A.
349 F. For Fiscal Year 2011/12, and all subsequent fiscal years, the Permittees
350 annual cost share shall be calculated by November 1 of each year and
351 shall be included in the annual budget proposal.
352 G. The DISTRICT shall invoice each CITY and the COUNTY for its annual
353 deposit after July 1, the start of the fiscal year. Each CITY and the
354 COUNTY shall pay the deposit within 30 days of the date of the invoice.
355 Each CITY's and the COUNTY's deposit shall be based on their prorated
356 share of the approved annual budget, reduced for any surplus identified
357 in the prior fiscal year-end accounting.
358 H. The DISTRICT shall make reasonable efforts to inform the Management
359 Committee during the fiscal year of potential exceedances of the approved
360 budget that may require the Parties to increase the deposits. If at any time
361 during a fiscal year the program costs exceed the sum of the deposits, the
362 DISTRICT shall submit invoices to the CITIES and the COUNTY to
363 recover the deficit. The share for each CITY and the COUNTY shall be
364 prorated according to the formula above (see Paragraphs D and E of this
365 Section). Each CITY and COUNTY shall pay the invoice within 30 days of
366 the billing date.
367
368 L The DISTRICT shall prepare a fiscal year end accounting at the end of
369 each fiscal year and distribute copies to the Permittees for their review by
370 October 31 of that year. Permittees shall have 30 calendar days from the
371 date of their receipt of the fiscal year end accounting to dispute in writing
372 or concur with the findings. If the fiscal year end accounting results in
373 costs exceeding the sum of the deposits (including interest earnings), the
374 DISTRICT shall invoice each CITY and the COUNTY for its prorated
375 share of the excess cost.Each CITY and the COUNTY shall pay the billing
376 within 30 days of the date of the invoice, If the fiscal year end accounting
377 results in the sum of the deposits (including interest earnings) exceeding
20IC,MS4 implemeltator r.snN 9
378 costs, the excess deposits will carry forward to reduce the billings for the
379 following year.
380
381 J. Upon termination of the program, a final accounting shall be performed
382 by the DISTRICT. If costs exceed the sum of the deposits (including
383 interest earnings), the DISTRICT shall invoice each CITY and the
384 COUNTY for its prorated share of the excess. Each CITY and the
385 COUNTY shall pay the invoice within 30 days of the date of the invoice.
386 If the sum of the deposits (including interest earnings) exceeds the costs,
387 the DISTRICT shall reimburse to each CITY and the COUNTY its
388 prorated share of the excess (including any interest earnings remaining),
389 vvithin:30 days of the final accounting,
390
391 K. Each CITY and the COUNTY shall bear the financial responsibility for
392 implementing the program within its jurisdictional boundaries, including
393 any applicable MS4 permit fees, as outlined in Section V
394
395 L. The annual administrative costs (includes actual hourly rate plus
396 overhead) incurred by the DISTRICT shall be included in the budget for
397 the Areawide Program Costs and paid according to this Section, Section
398 III and Appendix A.
399
400 M. The financial responsibility for this AGREEMENT will be effective on the
401 date this AGREEMENT takes effect.
402
403 VIII. Term of the AGREEMENT. The term of the AGREEMENT coincides with the term of
404 the current 1\1S4 Permit (Order No. R8-2010-0036). The renewal process of the
405 Implementation Agreement shall begin at the same time as the initiation of the Report of
406 Waste Discharge renewal and shall be completed within 6 months from the SARWQCB
407 approval date of the MS4 Permit that follows Order No, R8-2010-0036. This
408 AGREEMENT shall therefore take effect on the date it is approved by all parties and
409 shall terminate 6 months after SARWQCB approval of the MS4 Permit that follows
410 Order No. R8-20100036.
411 IX. Additional Parties. Any city or other entity which wishes to be a Permittee on the San
412 Bernardino County MS4 Permit that was issued by SARWQCB shall agree to the
413 provisions in this funding agreement and shall sign this AGREEMENT prior to being
414 included in the permit. The date of initiation, for determining participant costs for any
415 new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit
416 issued by SARWQCB. The cost for adding any additional Permittee to the program,
417 including additional permit and processing fees, shall be paid by the added Permittee.
418 Monies, if any, to be reimbursed to the existing Permittees shall be credited to their
419 respective annual program operating fees for the following budget year.
420
421 X. Withdrawal from the AGREEMENT. A Permittee may withdraw from this
422 AGREENIENT at the end of any fiscal year with written notice being received by the
423 DISTRICT 90 days prior to the end of the fiscal year. A withdrawing Permittee will not
424 be allowed refunds for tasks, projects or studies already underway in which funds have
2J "MS4 a cF 10
425 been obligated for the fiscal year. Upon completion of tasks, projects or studies
426 undertaken or on-going, if any funds are not expended, a refund of the share of the
427 balance shall be paid within sixty (60) days thereafter to the withdrawing Permittee.
428
429 The withdrawing Permittee shall be responsible for all assessed penalties as a
430 consequence of withdrawal. The cost allocations to the remaining members will be
43 I calculated in the following budget year.
432
433 Xl. Breach. Failure to comply with the terms of this AGREEMENT is a breach of the
434 agreement. If a breach is not cured within ninety (90) days after receiving a notice to
435 cure the breach by a permittee, permittee in breach may be terminated from this
436 AGREEMENT by a majority vote of the Management Committee,
437
438 XII. Non-compliance with MS4 Permit Requirements. Any Permittee found in non-
439 compliance with the conditions of the MS4 Permit within their jurisdictional
440 responsibilities shall be solely liable for any assessed penalties, pursuant to Section
441 13385 of the Water Code. Penalties that apply to all the Permittees shall be assessed
442 according to the formula in Appendix A.
443
444 XIII. Legal Action/Costs/Attorney Fees. Where any legal action is necessary to declare any
445 party's rights hereunder or enforce any provision hereof for any damages by reason of
446 an alleged breach of any provisions of this AGREEMENT, each party shall bear its own
447 attorney's fees and costs incurred in conjunction with such legal action regardless of
448 who is found to be the prevailing party. This section shall not apply to those costs and
449 attorney's fees arising from any third party legal action against a party hereto and
450 payable under Section VI, Indemnification and Insurance.
451
452 XIV. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent to
453 a two-thirds majority of the Permittees (rounded to the nearest whole number).
454 Amendments to this AGREEMENT may be adopted and executed concurrently, and
455 shall become effective upon its execution by a majority of the Permittees as defined
456 above.
457
458 XV. Authorized Signatories: Each Permittee will determine by either resolution or ordinance
459 who will be the authorized signatory. This person shall be authorized to execute the
460 application(s) for M54 Permit(s) and take all other procedural steps necessary to file the
461 application(s) for MS4 Permits.
462
463 XVI. Notices. All notices shall be deemed duly given if delivered by hand; or five (5)working
464 days after deposit in the U.S. Mail,certified mail, return receipt requested.
465
466 XVII. Governing Law. This AGREEMENT will be governed and construed M accordance with
467 laws of the State of California. If any provision or proviSiOnS of this AGREEMENT shall
468 be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of
469 the remaining provisions shall not in any way be affected or impaired hereby, Any legal
470 action which arises out of or is in any way related to this AGREEMENT shall be brought
471 in the Superior Court of the County of San Bernardino.
20'G MS4 fmrderner tpt,on 11
472
473 XVIII. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived
474 and no breach excused, unless such waiver or consent shall be in writing and signed by
475 any Permittee to have waived or consented. Any consent by any Permittee to, or waiver
476 of, a breach by the other whether expressed or implied, shall not constitute a consent to,
477 waiver of, or excuse for any other different or subsequent breach.
478
479 XIX, American Recovery and Reinvestment Act of 2009 ("ARRA"). DISTRICT, while acting
480 as the Stonnwater Program Administrator, shall include in any contract funded in
481 whole, or in part,by ARRA provisions that substantially conform to the following:
482
483 A. Use of ARRA Funds and Requirements. This Contract may be funded in
484 whole or in part with funds provided by the American Recovery and
485 Reinvestment Act of 2009 ("ARRA"), signed into law on February 17,
486 2009. Section 1605 of ARRA prohibits the use of recovery funds for a
487 project for the construction, alteration, maintenance or repair of a public
488 building or public work (both as defined in 2 CFR 176.140) unless all of
489 the iron, steel and manufactured goods (as defined in 2 CFR 176.140)
490 used in the project are produced in the United States. A waiver is
491 available under three limited circumstances: (i) Iron, steel or relevant
492 manufactured goods are not produced in the United States in sufficient
493 and reasonable quantities and of a satisfactory quality; (ii) Inclusion of
494 iron, steel or manufactured goods produced in the United States will
495 increase the cost of the overall project by more than 25 percent; or (iii)
496 Applying the domestic preference would be inconsistent with the public
497 interest. This is referred to as the "Buy American" requirement. Request
498 for a waiver must be made to the DISTRICT for an appropriate
499 determination.
500 Section 1606 of ARRA requires that laborers and mechanics employed by
501 contractors and subcontractors on projects funded directly by or assisted
502 in whole or in part by and through the Federal Government pursuant to
503 ARRA shall be paid wages at rates not less than those prevailing on
504 projects of a character similar in the locality as determined by the
505 Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. 31).
506 This is referred to as the "wage rate" requirement.
507
508 The above described provisions constitute notice under ARRA of the Buy
509 American and wage rate requirements. Contractor must contact the
510 DISTRICT contact if it has any questions regarding the applicability or
511 implementation of the ARRA Buy American and wage rate requirements.
512 Contractor will also be required to provide detailed information
513 regarding compliance with the Buy American requirements, expenditure
514 of funds and wages paid to employees so that the DISTRICT may fulfill
515 any reporting requirements it has under ARRA. The information may he
516 required as frequently as monthly or quarterly. Contractor agrees to fully
517 cooperate in providing information or documents as requested by the
518 DIS1RICF pursuant to this provision. Failure to do so will be deemed a
2c.).0 M54 implemenzavon-F r 12
519 default and may result in the withholding of payments and termination
520 of this Contract.
521 Contractor may also be required to register in the Central Contractor
522 Registration (CCR) database at httpl/www.ccr.gov and may be required
523 to have its subcontractors also register in the same database. Contractor
524 must contact the DISTRICT with any questions regarding registration
525 requirements.
526
527 B. Schedule of Expenditure of Federal Awards. In addition to the
528 requirements described in "Use of ARRA Funds and Requirements,"
529 proper accounting and reporting of ARRA expenditures in single audits
530 is required. Contractor agrees to separately identify the expenditures for
531 each grant award funded under ARRA on the Schedule of Expenditures
532 of Federal Awards (SEFA) and the Data Collection Form (SF-SAC)
533 required by the Office of Management and Budget Circular A-133,
534 "Audits of States, Local Governments, and Nonprofit Organizations."
535 This identification on the SEFA and SF-SAC shall include the Federal
536 award number, the Catalog of Federal Domestic Assistance (CFDA)
537 number, and amount such that separate accountability and disclosure is
538 provided for ARRA funds by Federal award number consistent with the
539 recipient reports required by ARRA Section 1512 (c).
540 In addition,Contractor agrees to separately identify to each subcontractor
541 and document at the time of sub-contract and at the time of disbursement
542 of funds, the Federal award number, any special CFDA number assigned
543 for ARRA purposes,and amount of ARRA funds,
544 Contractor may be required to provide detailed information regarding
545 expenditures so that the DISTRICT may fulfill any reporting
546 requirements under ARRA described in this section. The information
547 may be required as frequently as monthly or quarterly. Contractor agrees
548 to fully cooperate in providing information or documents as requested by
549 the DISTRICT pursuant to this provision. Failure to do so will be deemed
550 a default and may result in the withholding of payments and termination
551 of this Contract.
552
553
554 XX. Applicability of Prior Agreements. This document constitutes the entire AGREEMENT
555 between the Permittees with respect to the subject matter; ail prior agreements,
556 representation, statements,negotiations,and undertakings are superseded hereby.
557
558 XXI. Execution of the AGREEMENT. This AGREEMENT may be executed in counterpart
559 and the signed counterparts shall constitute a single instrument.
560
561 XXII. No Separate Entity. This AGREEMENT established a framework for PERMITLEE
562 cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to
563 create an entity separate from the local agencies that join in this cooperative effort.
564
2oIc MS 4 Imp,eltertW Df -FT.Z.d 13
565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first
566 above written.
567
568 EACH PERMITfEE'S SIGNATURE PAGE IS ATTACHED HERETO.
569
2010 M54 Implementatior-Final 14
NPDES Stormuvater Impiementataon Agreement—Santa Ana Region
IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year
first above written.
SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT
dilEti rift iialogoll'411•FA Ili, rfro.i 0,,,A
Josie,.. •'e. • .S :.. do .111 ,1'olf ' JO1J
Dated: I 2 8 2011
SIGNED AND CERTIFIED THAT A COP
THIS DOCUMENT HAS BEEN DE RED TO
THE CHAIRMAN OF THE Bs
L.;. H. Welch, Secretary
By
Deputy
SIGNED AN[ • COPY OF
•
THIS ROCU ` n: EKED
TO THE C' : n f
LAURA
Clerk tato _, f
rhe
' S 1 , 1(le
APPROVED AS TO LEGAL FORM
JEAN RENE BASLE
County Counsel
By: t
CHARLES'S. SCOLISTICO
/ Principal Assistant County Counsel
Date: C> (rl
NPDES Stormwater implementation Agreement--Santa Ana Region
IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year
first above written,
COUNTY OF . ,1 k,.:ERNARDINC
Josie Gonzales, C . . ..;--ii..,;, 4' 0 ' uper .x-e
Dated;JUN 2 8 2011
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN CF„ i.
r l 1
o # P,. 2. . of Supervisors
#4,-of + » •4, Bernardino
V )
"I t ,°'
APPROVED AS TO LEGAL FORM
JEAN RETE BASLE
County Counsel
SCOTT M, RUNYAN
Deputy County Counsel
Date ,
IN WITNESS WHEREOF,the undersigned have executed this AGREEMENT
#
JP
. 0-0
BY:
Liz 's, Mayor
ATTEST: 14
City e
Ci+V• BeA.t Lac
APPROVED AS TO FORM:
Best, Best&Krieger
City Attorneys
. .
IN WITNESS WHEREOF, the City of Chino has executed this agreement in Chino, California,
onbe v.- 7 , 2010.
CITY OF CHINO:
,
p r
A p oved as to Content-
,/
BY: 4..gliiilt4k. -."-' - - By: ./.,,,,-.7,/,,-,,,,,,,,,„,
f ity Manager Dir;eCtor-of-Rublic Works
,..,,
Date: LZ-no,‘,6 % cc" Date: 1-.Z...,,, --'2'
Attest: Approved as to Form:
By 1.4ki,....11, ' d A i.,,..4 Li r
ta ..
By: 417
Clty Cler 4 tftpd%City A ttorney
Date: t),--t L. ,t b Date: 14102-110
San Bernardino County Stormwater Program _
National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement,
Santa Ana Region NPDES No. CAS618036, Order No. R8-2010-0036
IN WITNESS WHEREOF, the Agreement has been executed this 14th day of
December, 2010.
CITY OF CHINO HILLS:
By: e--'"--6
ED GRAHAM, MAYOR
Al I EST:
71 4
/
/117 ,Ae-2
..., . A., ...„..hr. -
MARY .., . i PUFFEE, CITY Cl_ 7/
( x
APPI4OVED2AS TO FORM: L,-/
MARK . HENSLEY, CITY Ai i ORNEY
072297
572 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first
573 above written.
574
575 OF C LT
576
577 If 578
1
579 ROb OST R
580 City Manager
581
582
583 ATTEST
584
585 0." 41
586 EILEEN C GOMEZ
587 City Clerk
588
589
565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first
566 above written.
567
CITY OF FONTANA. a California municipal
corporation
.....:001111M1111:0~
By:
enneth R. Hunt, City Manager
Dated:
ATTEST:
By:
Tonia Lewis, City Clerk
ATTEST AS TO LEGAL FORM:
BEST BEST& KRIEGER LLP
By:
City Attorney
568
569
poFc0,..1,343 Agreement-Impimentawly naL(2)ciac 14
IN WITNESS WHEREOF, the undersigned have executed this AGREEMENT as of the dates set
out.
Executed this 9th Day of November, 2010.
BY: .
Maryetta Ferre
Mayor
City of Grand Terrace
Attest:
Brenda Mesa
City Clerk
565 IN N. WHEREOF, the AGREEMENT has been executed as of the day and year first
566 above written.
567
568
569 Executed this,idt day of February,2011.
5'70
571
572 cCallon
573 ayo'
574
575 ATTEST:
576
577
578
580Eliza h Hughes,CM
581 City " erk
582 1-45klettNA.
June 8 2010 MS4 lmpenerliation On&Firm--clean 14
565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first
566 above written.
567
568 PLEASE INSERT YOUR AGENCY'S STANDARD SIGNATURE PAGE
569
Approved the 12th day of April 2011.
CITY OF LOMA LINDA
6 —
Rhodes Rigsby, Mayor
ATTEST:
e;)
Pamela Byrnes/O'Camb
City Clerk
Ire 8 2010 MS4 implmentadon Draft Finai--clearync 14
59 XX. Applicability of Prior Agreements. This document constitutes the entire AGREE-
60 MENT between the Permittees with respect to the subject matter; all prior agreements,
61 representation,statements,negotiations, and undertakings are superseded hereby.
62 XXI. Execution of the AGREEMENT. This AGREEMENT may be executed in counterpart
63 and the signed counterparts shall constitute a single instrument.
64 XXII. No Se 0 arate Enti . This AGREEMENT established a framework for PERMITTEE
65 cooperation on storniwater issues. Nothing in this AGREEMENT shall be construed
66 to create an entity separate from the local agencies that join in this cooperative effort.
67 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first
68 above written.
69 DISTRICT CITY
70 SAN BERNAREJINO COUNTY CITY OF MONTCLAIR,
71 FLOOD CONTROL DISTRICT
,agiiiiisp 4000010 . "
.„.....410•1111111.1111P. ''',,siam--.6,._ ,400iliiarl, \ 1111 )77
72
By 41111111Miei (01.4114 Illaiik'lliiiir -411iilito \ i
73 41111111110P-111111111LNIIIIMIF Paul M Eaton, Mayor
74 Date JUN 2 a 2011 Date '5i-
75 RECOMMENDED FOR APPROVAL: ATTE T:
i 0
76 i %\„„ Air /
, v
77 pi .ctiof Redevelopment/ Donna M. Eacksoi , Cit Clerk
78 Public Works
79 Date g--11-1/) APPROVED AS TO Perlis/4,
80 i
81 Diane E. Robbins,City Attorney
82 Date
13
In Witness Whereof, the Agreement has been executed as of the day and year first above written.
Executed this 21St day of December 2010.
CITY OF ONTARIO
By:
's Hu!, es
City Manager
Attest:
By:
AL64 -City Clerk
Approved as to Form:
By: John E. Brown
Best Best&Krieger LLP
City Attorney
IN WITNESS WHEREOF, the undersigned have executed this National Pollutant
Discharge Elimination System Stormwater Permit Implementation Agreement, Santa Ana
Region, as of the dates set out.
Executed this 15th day of December, 2010.
CITY"
THE CITY OF RANCHO CUCAriiIONGA,
a municipal corporation
By:
L. Dennis tVlichae Mayor 74/24/76
Attest:
)
/ nice C. Reynoidg, City Clerk
APPROVED AS TO FORM:
Richards, Watson & Gershon
By: ,
JOes Markman, City Attorney
565 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first
566 above written.
567
568
569 CITY OF REDLANDS
570
571
572 YL
-%&`-
573 Pete AgUilar,Mayor
574
575
576
577
578 Attest:
579
580
581
L.— — -
582 Sarn Irwin, Ci leark
RA54 Impimentalkin Oren F&*—damn 14
565 IN WITNESS WF1EREOF, the AGREEMENT has been executed as of the day and year first
566 above written.
567
568
CITY OF RI)TO
By:
Grace T argas 's —
Mayor
Attest:
By: '._.„'„ • jee.. / •' i, i
Barbara McGee
City Clerk
Approved as t Form:
By:
...i . .
Jmrp '.;00, .0 erri z
tto ey
-,„
Reeot ,-f. ded.
"1 / ,..','Il ,,,, • "". //' ,,,,,'
By:
Alum-a. ' .: An4.ri, R ii; - - ------
Public Works Director/City Engineer
MS 4 lenplmentaton.A7eemeni 2 14
2011-36
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
STORIVIWATER PERMIT IMPLEMENTATION AGREEMENT
SANTA ANA REGION.
IN WITNESS WHEREOF, the Agreement has been executed as of the day and year first
above written.
ATTEST: CITY OF SAN BERNARDINO, a
Municipal Corporation
_
Rachel Clark, City Clerk harles E. McNeely, ity Manager
Approved as to form:
James F. Penman
City Attorney
By: 111,
563 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first
564 above written.
565
566 CITY OF UPLAND
567
568
569
570 StepheA Dunn, Acting City Manager
571
572
573
574 Attest:
575
576
577
578 Stephanie Mendenhall, City Clerk
579
580
581
582 Approved As to Form:
583
585
586
587 William P. Curley III, City Attorney LI
June E 20'0 MS4 Xi O_MS4_Implementat Dip) 14
City of Yucai s a
SIGNATURE PAGE
IN WITNESS WHEIZEOF, the City and the County of San Bernardino have executed this
Agreement the day and year first above written.
City of Yucaipa County of San Bernardino
By its Authorized Representatives:
410111P 4411.11° JUN 2 8 2011
411-ti *by
Dick Riddell, Mayor Date * -
ATTEST:
n,„/
Jennifer S ;GI/ d, Date Bill Hetrisley, Date
General S es/City Clerk Director of Public Works/City
City of Yucaipa Engineer
APPROVED AS TO FORM:
City Attorney
City of Yucaipa
APPROVED AS TO
CONTENT:
Greg , anklin
Dire tor of Administrative
Services
City of Yucaipa
570 APPENDIX A
571
572 A. The DISTRICT shall pay five percent(5%) of the total annual cost,and the COUNTY and
573 the remaining Co-permittees,collectively, shall pay the remaining ninety-live percent
574 (95%) of the total annual cost pursuant to the formula set forth in Paragraph C,below.
575
576 B. The Permittees total annual cost share is the sum of the individual cost-shares calculated
577 for each Program Cost Area.
578
579 C. The Permittees annual cost share for each Program Cost Area (PCA,) shall be calculated
580 using three cost factors:
581
582 1, Base,which represents the percentage of the program costs equally applied to all
583 Permittees. The base (B) fraction is calculated as follows:
584
585 B 1/N,where N =number of Permittees
586
587 2. Relative Population,which represents the percentage of the program costs based
588 on the relative population of each Permittee. Relative population (RP) of each
589 Permittee shall he calculated annually from annual population estimates issued
590 by the California Department of Finance (E-1 Table).
591
592 RP, = (P,/Pt0iu), where
593
594 RP, = relative population of Permittee (i)
595 P, = population of Permittee (i)
596 Ptotal total population for area covered by the area-wide permit
597
598 3. Relative Land Area, which represents the percentage of the program costs based
599 on the relative land area of each Permittee. Relative Land Area (RI-A)shall be
600 calculated as follows:
601
602 a. The calculation of relative land area within each Permittee's jurisdiction
603 shall exclude land under tribal,state or federal jurisdiction,or any land
604 excluded by the State Water Resources Control Board. Any Permittee
605 seeking to exclude lands under this Section shall specifically request that
606 exclusion from the Principal Permittee by providing the request in
607 writing along with necessary documentation no later than October 1 to be
608 considered for inclusion in the next year's annual budget. The requesting
609 Permittee has the burden of proving entitlement to any exemption so
610 requested.
611
612 b, The method for calculating relative land area shall be determined from
613 the Assessor's Parcel data provided by the COUNTY Information
614 Services Department.
615
616 RLA, = (L/Low),where
2010 MS4 hrp'ementat vow 15
617
618 REA, =relative land area of Co-permittee (i)
619 L = land area of Co-permittee (i), less excluded lands
620 Ltotid = total land area under permit jurisdiction
621
6/2 D. The Permittee's cost share for each individual Program Cost Area is based on the
623 relative importance of the cost factors to the Program Cost Area as identified in budget
624 year-specific Tables 1, 2 and 3. The cost share calculation for each Program Cost Area,
625 which will be phased in over a three year period as shown in Tables 1,2 and 3, is as
626 follows:
627
628 PCA,, [(B*X,* AB,) + (RP,*Y,*AB) + (RLA *Z,*
629
630 Where,
631
632 PCA,= Permittee's cost share for PCA,
633 AB = Annual budget for PCA,
634
635 B = Base fraction for each Permittee
636 X74 Percentage apportioned to the base for PCA,
637
638 RP, = Relative population of PerimItee(,)
639 Y, Percentage apportioned to relative population for PCA,
640
641 RLA, = Relative land area of the Permittee()
642 Z = Percentage apportioned to relative land are for PCA,
643
644 E. The Permittee's total annual cost share shall be calculated by summing the cost shares
645 calculated for each individual Program Cost Area:
646
647 Permittees annual cost share = PCA, + PCA2+ PCA;+ PCA4
648
Table L Budget Year IDATET
Percent of the Program Cast Area
Apportioned to each Cost Factor
Program Cost Areas(PCA)
BRelative Relative
ase
Population Land Area
(X,)
010 (Z)
Monitoring(PCA1) 10% 30% 60%
Public Education (PCA2) 10% 80% 10%
Program Management &
30% 50% 20%
Regulatory Activities (PCA3)
Training(PCA4) 30% [ 60 10%
2o,o m54 hir emertm Emal 1 6
649
2010 MS4 Implementation-Final 17