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West Valley Clean Water Program Budget and Program Services Agreement�oWN 0, MEETING DATE: 05/07/12 ITEM NO: 10 COUNCIL AGENDA REPORT Qs GASH DATE: APRIL 27, 2012 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER TITLE WEST VALLEY CLEAN WATER PROGRAM BUDGET AND PROGRAM SERVICES AGREEMENT A. APPROVE THE FY 2012/13 WEST VALLEY CLEAN WATER PROGRAM BUDGET. B. AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND THE WEST VALLEY SANITATION DISTRICT TO COLLECT PROGRAM RELATED FEES ON BEHALF OF THE TOWN. C. AUTHORIZE THE TOWN MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING TO ALLOW THE WEST VALLEY CLEAN WATER PROGRAM TO PROVIDE PROGRAM SERVICES FOR THE TOWN. RECOMMENDATION 1. Approve the FY 2012/13 West Valley Clean Water Program Budget. 2. Authorize the Town Manager to execute an agreement between the Town of Los Gatos and the West Valley Sanitation District to collect program related fees on behalf of the Town. 3. Authorize the Town Manager to enter into a Memorandum of Understanding to allow the West Valley Clean Water Program to provide program services for the Town. BACKGROUND Locally, there are four programs that manage the prevention of urban runoff pollution from entering the creeks that lead to the San Francisco Bay: the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP), the West Valley Sanitation District (WVSD), the West Valley Clean Water Program (WVCWP), and the Town- managed Non -Point Source Discharge Elimination Program ( NPDES). These programs perform various functions required under the Clean Water Act, Environmental Protection Agency regulations and respective NPDES permits. PREPARED BY : TODD CAPURSO Director of Parks and Public Works Reviewed by: _Assistant Town Manager Town Attorney .,.,,:., -..11,, -,��l- ..,.--,.„ l.— I'. - .r- ",- ----r- .u,---- "„ ..- .-- .--H, ' -,,,- .- ,--� - 1- 1..l- ......w -. .. w.,, -,,.,--MY, .-.—,--- ,- -.�,-a — N:\PPW\ MANAGEMENT \COUNCIL \COUNCIL REPORTS\2012 Repoits\May 7 \WVCWP \WVCWP FY 12 -13 Budget and Program Services.doex PAGE 2 APRIL 27, 2012 MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND PROGRAM SERVICES AGREEMENT BACKGROUND (cont'd): WVCWP is a consolidated local program currently managed by WVSD for the Town and the cities of Campbell, Monte Sereno and Saratoga. These four municipalities entered into an agreement with WVSD in September 1994 to provide consolidated program services. This agreement has been in place since that time and will terminate on June 30, 2012. WVCWP's purpose includes coordinating efforts of other agencies (County Fire District and County Environmental Health Department) that perform NPDES inspection activities for the Town, conducting public education activities and streamlining implementation of the current NPDES permit, and writing and submitting the Annual Report and Work Plan for the four municipalities to the State Regional Water Quality Control Board. Town staff gathers data and provides NDPES related activities to WVCWP for the Annual Report. WVCWP offers a unified, stronger voice to represent the interests of West Valley cities at the countywide program level and with regional bodies. Additionally, it has proven to be more cost - effective and time- efficient for the West Valley cities to manage this program and address NPDES issues through a single point of contact. In October 2009, the Regional Water Quality Control Board issued a permit called the Municipal Regional Stormwater Permit, which is in effect for a period of five years. Over the last several years, Town staff (Parks and Public Works and Community Development) has taken on increasingly larger administrative responsibilities for monitoring the regulatory components of this permit. Costs for permit implementation continue to impact Town resources, as evident by new regulations, such as the development of a trash capture device plan and the creation of a short -term trash reduction plan. These are two examples of new regulations included in the current permit that have created additional burdens on the Town that have resulted in requiring additional staff oversight and have increased program administration costs. These initiatives will also create longer -term maintenance and operations obligations for the Town. These obligations have yet to be fully defined in terms of their scope or financial requirements. The original agreement between the four West Valley municipalities and the WVSD addresses both the collection of storm water fees through the property tax rolls and the operations of the program. As such, WVSD is currently responsible for the management of the program. With the expiration of the current agreement approaching, all agencies involved have agreed to re -visit the management of the program and have had discussions over the past year regarding potential changes to the management of the program as well as how the agreed upon changes could be implemented as part of a new contractual relationship. PAGE 3 APRIL 27, 2012 MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND PROGRAM SERVICES AGREEMENT DISCUSSION: After several discussions involving staff from all agencies, it was determined that the recommended course of action would be to move forward with two separate agreements. The first of these agreements would retain WVSD as the fiscal agent for the program and allow them to continue to collect revenue on behalf of the Town through property tax rolls. The second agreement, a Memorandum of Understanding (MOU), would allow the four West Valley cities to take a more active role in the management of the WVCWP but would still allow for a consolidated approach. Before describing each of the newly proposed agreements in greater detail, the WVCWD FY 2012/13 Operating Budget should also be considered. As with previous agreements, WVCWP would continue to prepare and propose operating budgets similar to how it has in the past. The proposed operating budget for FY 2012/13 and both of the proposed agreements are described in more detail below. Proposed FY 12/13 WVCWP Budget Each year, the four municipalities participating in the WVCWP and the West Valley Sanitation District cooperatively prepare an outline of the Annual Work Plan for WVCWP and the associated operating budget for approval prior to the establishment of the annual user fees, and prior to the District transmitting those fees to the County for collection from property tax rolls. The proposed budget is then presented to the four municipalities individually for approval. The proposed budget is ultimately approved and adopted by the WVSD Board of Directors. The proposed FY 2012/13 WVCWP budget shows increases in the areas of administration and permit compliance management. The administrative increases are a result of changes in personnel costs and expenses associated with an anticipated office relocation. The additional permit compliance issues require services of a consultant, primarily for the development of a long -term trash reduction plan. This comprehensive plan requires specific expertise and knowledge, which the WVCWP or municipal staffs cannot provide. Additionally, permit fees — attributed to both SCVURPPP and the State — have risen by more than 20% over the last four years and now stand at $263,000 annually for the program. The WVCWP is also planning to relocate its offices. The program has been housed by the City of Monte Sereno for several years at a nominal rate. The increase in this budget line item accounts for increased fees in rental office space. In order to keep costs minimal, the program would prefer to relocate to a shared office space within one of the municipalities' buildings. Although a new office location has not yet been determined, an office relocation is anticipated to take place sometime during the 2012/13 fiscal year. PAGE 4 APRIL 27, 2012 MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND PROGRAM SERVICES AGREEMENT DISCUSSION (cont'd): Agreement with WVSD to Collect Fees on BehalLof the Town The WVSD already collects storm sewer revenue on behalf of Campbell, Los Gatos, and Monte Sereno — all under separate agreements. These agreements are all expiring on June 30, 2012. The property tax revenue collected from properties located in Los Gatos is approximately $332,000 annually. Any proposed increase in this fee could trigger requirements of Proposition 218 and would be subject to a vote or protest proceeding. The proposed new agreement between the Town and WVSD will allow the District to continue to collect storm water program revenue on behalf of the Town. Under this proposed new agreement, WVSD will turn over the property assessment fees collected to the Town, and will no longer retain these revenues in a fund balance account as it has done under the existing agreement. WVSD will then invoice the Town twice a fiscal year for program services; in July, and then in January of the following year (through the proposed MOU). This agreement is being proposed as a twenty -year agreement and would remain in effect through June 30, 2032, unless terminated earlier under the provisions of the agreement. Additionally, the Town will receive a one -time fund balance transfer of $170,000 revenue from WVSD. These funds have been collected through the tax rolls by WVSD and represent approximately one round of semi- annual tax revenues. The fund balance typically remains at approximately this level throughout the year, but can fluctuate due to the timing of expenses and the semi- annual tax collection periods. This money must be used towards the Town - managed Non -Point Source NPDES program which not only will fund the Town's portion of the WVCWP, but also funds street sweeping services throughout the Town. West Valley Clean Water Program - MOU The second agreement being proposed is a Memorandum of Understanding (MOU) that would be entered into jointly by the Town, the cities of Campbell, Monte Sereno, and Saratoga, and the WVSD. This MOU would then allow the four West Valley cities to assume a more active role in the management of the program, while the WVSD moves into a fiscal agent role, as defined by the financial agreement above. It is anticipated that under this new MOU, the West Valley communities will be better positioned to address permitting requirements as they occur and take a greater management role in the preparation of the annual report and setting priorities for the program. The proposed MOU is also proposed as a twenty -year agreement, terminating on June 30, 2032, unless terminated earlier under the provisions of the agreement. PAGE 5 APRIL 27, 2012 MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND PROGRAM SERVICES AGREEMENT DISCUSSION (cont'ah Storm Sewer Cleaning Modi cations Storm sewer cleaning maintenance and operations were previously addressed as part of the WVCWD agreement between WVSD and the four cities. Under the proposed MOU, storm sewer maintenance is not specifically addressed. Should the Town wish to continue using the services of the WVSD, a separate agreement between the Town and WVSD would be required. The costs associated with this activity have historically been included as part of the WVCWP program budget. It is anticipated that the cost and scope of work for this service will remain relatively constant and are estimated to be $26,000 annually. However, the Town is not obligated to have WVSD perform these services and may elect to perform all or a portion of these services using either in -house or contractual services. Future Anticipated Changes At this time, it is unknown what regulations and requirements will be added during the next permit cycle because the Regional Water Quality Control Board establishes these regulations. The current permit cycle will end on November 30, 2014. During the current permit cycle, it has been demonstrated that the amount of compliance issues are trending upwards, which means additional administrative costs and personnel time will be needed in order to manage the stormwater compliance issues. This creates uncertainty in the long term because while the revenues received through the collection of resident parcel tax fees remains constant, administrative costs and permitting fees continue to increase at a relatively high rate. It is also difficult to forecast the specific financial impacts associated with future permit revisions because some permit regulations are closely associated with the number of private development projects. Additionally, the new permit regulations are generally adopted without implementation costs associated with them, therefore municipalities are unaware of the large -scale financial impacts during the permit review process. CONCLUSION Staff recommends that the Town Council approve the FY 2012/13 West Valley Clean Water Program Budget. It is also recommended that the Town Council authorize the Town Manager to enter into an agreement with the West Valley Sanitation District to collect program related fees on behalf of the Town. Staff further recommends that the Town Council authorize the Town Manager to enter into a Memorandum of Understanding to allow the West Valley Clean Water Program to provide program services for the Town. PAGE 6 APRIL 27, 2012 MAYOR AND TOWN COUNCIL SUBJECT: WEST VALLEY CLEAN WATER PROGRAM BUDGET AND PROGRAM SERVICES AGREEMENT ENVIRONMENTAL ASSESSMENT No environmental assessment needed. Neither the work plan nor the fees are considered a project under CEQA. FISCAL IMPACT The approval of the WVCWP operating budget and the MOU will allow the program to continue to operate through fiscal year 2012/13 and beyond. Approval of the agreement with the West Valley Sanitation District will allow the District to continue to collect revenue on behalf of the Town in the amount of approximately $332,000 to fund the Town's portion of the WVCWP operating budget and other associated NDPES related functions. If approved by Council, additional details regarding the Town's Non -Point Source Program fund will be presented to Council as part of the Town's Proposed FY 2012/13 Operating Budget. Attachments: 1. Proposed West Valley Clean Water Program Budget for FY 2012/13 2, Proposed Storm Fee Agreement between the Town of Los Gatos and West Valley Sanitation District 3. Proposed Memorandum of Understanding for the West Valley Clean Water Program Distribution: Bob Reid, Manager, West Valley Sanitation District, 100 East Sunnyoaks Avenue, Campbell, CA 95008 Kelly Carroll, Program Manager, West Valley Clean Water Program, 18041 Saratoga -Los Gatos Road, Monte Sereno, CA 95030 -4299 Attachment 1 West Valley Clean Water Program Campbell - Los Gatos - Monte Sereno - Saratoga West Va I I ey Clean Mater Program Budget Fiscal Year 2012 -2013 WV Committee Approved: _3/20.12 18041 Saratoga Los Gatos Road, Monte Sereno, CA 95030 final: March 20, 2012 rev draft: Feb 8, 2012 1 st draft: Jan 17, 2012 West Valley Clean Water Program Budget Contents I. Budget Line Index II. Budget: WVCWP Year over Year Comparision over 5yr NPDES Comparison MRP Term Line Item Descriptions III. Municipal Detail: WVCWP Stormwater Cost Allocations Current Year Cost Allocation by Individual WV Agency 4 5 IV. Municipal Detail: WVCWP Use of Funds Summary 6 Stormwater Use of Funds final: March 20, 2012 rev draft: Feb 8, 2012 1st draft: Jan 17, 2012 West Valley Clean Water Program Budget Budget Line Index Budget Line Description 1. NPDES Permit Compliance: Labor — Payroll & Overhead A. Labor, Payroll Staff on Payroll: FT and PT B. Labor, Payroll Expenses ER portion of Taxes, SDI, PERS, Worker's Comp 2. NPDES Permit Compliance: Labor- Non - payroll; Special Project/ Tasks A. Labor, Temp /Services Non- payroll, part- time, and temp staffing B. Labor, Technical Assistance Contract Staff for technical, professional assistance 3. NPDES Permit Compliance: - Database Management Program /Software Mgmt Programs - Document Management/ Storage A. Office Supplies • Forms and Template Management - Project Management A, Events/ Projects /Brochures & Promotional - Cleanup/ Hot Spots materials and supplies Items • Community Events, "Creek Keepers" Program - Equipment Replacement (grabbers, pumps, mats) C. Capital &Computer Costs - Logo -wear - Material Distribution D. Fiscal Agent & Overhead Contract /Fee* • Outreach &.Partnerships (Green Gardener, POND, local school, (Formerly Direct Cost Line 6D for tax roll fees and contracts retailers) - Promo Items - Reprints, brochures -& -self- print B. Staff Training - Fees - Guest speakers - Sponsor /HostWkshps - .Sponsorships (WMI, Creek Coalition, Green Gardener, etc); C. Outreach Distribution • Domain name, hosting fee, email service - Medla /Website Maint /Support Newspaper & Publication Advertising 4. Administration: Occupancy/ Facility Expenses A. Office Rent Rental/ Lease of office space B. Building Maintenance /Repair Alteration and /or Maint for office space C. Utilities Elec, Gas, Tel, Fax, Internet S. Administration: Operations A. Office Supplies Office Supplies, cleaning supplies, paper goods; Ink/Toner Cartridges; Report production, binders, cds B. Operating Expenses Meeting Expenses, Manuals, Subscriptions, Auto Maint, Hiring Ads; Staff Transition /Development; Software, Computer Support/Equip Maint/Repair C. Capital &Computer Costs Purchase of office furniture, equipment (Computer, Printer, Scanner, phones) D. Fiscal Agent & Overhead Contract /Fee* Fee for service of processing expenses and holding employee (Formerly Direct Cost Line 6D for tax roll fees and contracts overhead charges); 6. NPDES Permit Compliance: Contract Services, Permits, Fees [individual assesments] A. Industrial /Commercial Inspection Program 1. SCCFD Inspection @ Comm /Ind Facilities (Campbell, Los Gatos & Saratoga only) 2. DEH Restaurant Inspections - contract. management & coordinated efforts (no fees at this time) B. Sta7n Drain Cleaning & 5)stem Management* FY12 -13: This item Is moved to Individual Agency Budget (Use this Line thru FYII -12) C. Permit Fees & SCV Program Management 1. SCVURPPP Assessment 2. State WDA -NPDES Permit Fee D. WVSD Overhead & Pass Thru Fees* Tax roll fees and overhead charge (Use this Line thru FYI1 -12; see 50) 7. Municipal Expenditures Budget Tracking by request only: Related Municipal Expenditures on stormwater related tasks, Including but not limited to: • external contracts (le Administrative Consultants) - street sweeping - storm /Flooding response - storm drain malnt - struct bmp O&M Inspections Page 3 final: March 20, 2012 rev draft: Feb 8, 2012 1st draft; Jan 17, 2012 eLLA C1 'G p OL1 f0 p L p a � a � o U = L U O f a a N N N O O O N N N l • i J eeso e e® a � e® e_ V e e® M � M 1 O 00 1� N � � L N C 2 LL co f6 � N M, N M CL N N N O O O N N N 2 - C � LL l0 N � � N � C > m E m L cn O L L m m V — � Yl tl/ I m E E 7"I 1 N r a N M ti } N lL. C C C N m ru L v a t V f0 U1 U C i0 ED O N N Y rn CL Attachment 2 AMENDED AGREEMENT BETWEEEN THE TOWN OF LOS GATOS AND WEST VALLEY SANITATION DISTRICT REGARDING CONTINUATION OF A STORM WATER MANAGEMENT PROGRAM This Amended Agreement, made and entered into this _day of _, 2012, by and between the Town of Los Gatos, a municipal corporation of the State of California, hereinafter referred to as "Town ", and West Valley Sanitation District of Santa Clara County, a county sanitation district organized and existing pursuant to the Health and Safety Code of the State of California hereinafter referred to as "District," RECITALS WHEREAS, on July 1, 1992 Town entered into an agreement with District entitled "Agreement Between the Town of Los Gatos and West Valley Sanitation District Regarding Implementation of a Storm Water Management Program "; and WHEREAS, said Agreement will terminate on June 30, 2012; and WHEREAS, Town, along with twelve other cities, the County of Santa Clara, and the Santa Clara Valley Water District, and all other cities and counties in the region, are subject to continuing regulations under a series of permits issued by the San Francisco Bay Regional Water Quality Control Board; and WHEREAS, District's boundaries encompass the entire Town and therefore Town's storm drainage system is entirely within District's boundaries; and WHEREAS, Town wishes to designate District as its agent to help enable Town in the performance of various functions required to be performed by Town under the terms of the Clean Water Act, EPA regulations, and the terms and conditions of its NPDES permit; and WHEREAS, the parties wish to clarify their respective rights and responsibilities under the above- described relationship through this amended agreement, NOW, THEREFORE, for and in consideration of their mutual covenants, promises, and obligations, Town and District do hereby agree as follows: 1 Part I — DEFINITIONS Except where the context otherwise requires, the following definitions of this Section shall govern the construction of this agreement: A. Storm Drainage System shall mean any pipe, conduit, gutter, ditch, swale or outfall of the Town designed or used for the disposal of storm and surface waters and drainage including unpolluted cooling water and unpolluted industrial process water, but excluding any pipes connected to the sanitary sewer system. B. NPDES Permit shall mean the National Pollutant Discharge Elimination System permit (sometimes referred to as an "MS -4 Permit ") issued by the San Francisco Bay Regional Water Quality Control Board, as authorized by the U.S. Environmental Protection Agency and the State Water Resources Control Board, in order to promulgate certain laws and regulations for controlling urban runoff. C. Urban Runoff shall mean all waters within the territory of the Town resulting from precipitation, irrigation, or any other sources whether intended or not, that flows over both natural and manmade surfaces and reaches the storm drainage system. D. Town Manager shall mean the Town Manager, or designee, of the Town of Los Gatos. E. Manager/Engineer shall mean the Manager /Engineer of West Valley Sanitation District of Santa Clara County. F. Cost shall mean the amount reasonably expended in performing a particular act or operation when categories of cost are mentioned, reference to generally accepted accounting methods uniformly applied by the party claiming the cost is intended. J. Fiscal Year shall mean the period beginning July 1 of any given year and extending through June 30 of the following year. K. Storm Water Management Plan shall mean a schedule of tasks and activities required by the NPDES Permit including specific goals, objectives and milestone dates. 2 PART II — AGENCY RELATIONSHIP CONTINUED A. Appointment of District as Town Agent: The District is hereby appointed as Town's agent for purposes of performing certain duties as described hereinafter which duties are those for which Town is obligated to perform under the terms of the current NPDES permit issued to Town and as may hereafter be amended. B. Duties of the District The duties of the District shall be the following: 1) Upon execution of this amended agreement, the District shall take such actions as is necessary, and is authorized by law, to maintain the existing storm drainage service charge as part of the District's schedule of fees and charges. 2) The District shall be responsible for the assessment and collection of storm drainage service charges from all properties situated within Town as such charges are determined necessary by Town and District as described in Part IV of this agreement. C. Duties Retained by the Town The following duties are retained by the Town: 1) Participate in regional and sub regional groups, such as the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) and the West Valley Clean Water Program (WVCWP) organized and authorized to develop, implement and interpret certain requirements of the regional NPDES Permit 2) Develop and implement a storm water management plan, including all Town functions required by the NPDES Permit, and report annually to the Regional Board. 4) Develop an annual budget each fiscal year to cover Town's estimated costs of staying in compliance with the NPDES Permit. 3 5) Determination of all funding sources and revenues necessary to meet Town's obligations under the provisions of the NPDES Permit including, but not limited to, storm drainage service charges collected by District within the territory of Town. D. Indemni 1) Each party agrees to indemnify, defend, and hold harmless the other party (its officers, agents, and employees) from any claim or demand by reason of any injury to or death of any person or damage to any property which may be made against that party (its officers, against, and employees) caused by, or alleged to have been caused by, any act or omissions, negligent or otherwise, of the other under this agreement, except for District's breach of its duties under this Agreement. 2) Notwithstanding the indemnity described in subparagraph 1) above, Town agrees to indemnify defend, and hold District (its officers, agents, and employees) harmless from any action brought by any party having standing which contests the validity or legality of this agreement, or that of any ordinance, resolution, minute order, regulation, or administrative ruling made by either the Town or the District which is adopted by that agency to carry out the purposes of this agreement. This indemnity by the Town includes any action brought contesting the validity of any fee or charge imposed by the District to finance the program described in this agreement or its method of collection. This indemnity shall not include any action arising out of the District's breach of its duties under this Agreement. 3) Notwithstanding the indemnity described in subparagraph 1) above, Town agrees to indemnify, defend and hold District harmless from any fines, civil penalties, or other costs imposed by any governmental agency having jurisdiction, resulting from either parties' operation or maintenance of the Town's storm sewer system; provided, however, Town shall not indemnify District against any fines, civil penalties or other costs, which are determined to be due solely to the District's negligence or willful misconduct. 4) Each party will, at its sole cost and expense, obtain and maintain in full force and effect throughout the entire term of this agreement adequate insurance to cover each party's responsibilities under this agreement. Part III — ADDITIONAL DUTIES OF THE TOWN A. Additional Duties of the Town 1) The Town shall have the sole responsibility of enforcing all laws, ordinances, and regulations regarding urban runoff within the Town, including the control of improper discharges into the storm drainage system. 2) The Town, as a discharger, shall have the sole responsibility regarding all dealings with the Santa Clara Valley Urban Runoff Pollution Prevention Program, the California Regional and State Water Quality Control Boards, the U.S. Environmental Protection Agency, and all other agencies and authorities having jurisdiction with respect to urban runoff and protection of the Town's storm drainage system under its NPDES permit. Part IV — FINANCIAL PROVISIONS A. Annual Submission of Town's Estimate No later than April 1 of each calendar year, Town shall submit, in writing, to the District its estimate of its maintenance and operation and general administrative costs for the upcoming fiscal year that the Town will incur as a result of the performance of its duties under this agreement. The Town shall be responsible for maintaining sufficient data to justify its costs described herein. The Town shall also be responsible for verifying the number, size and land use of all the parcels within its jurisdiction for the purposes of assigning the correct stormwater runoff coefficient and corresponding storm drainage service benefit to each parcel. B. District's Estimate No later than January 1 St of each year, District shall estimate its own operation and general administrative costs for the new fiscal year that it will incur as a result of the performance of its duties under this agreement. These costs shall include updating all parcel databases with the most current information available from the Office of the County Tax Assessor and assigning the correct storm drainage service charge to each parcel within the Town based on the Town's verification of size and land use. 67 C. Establishment of Storm Drainaiz Service Charge Utilizing the two estimates described above the District Board of Directors shall, after public hearing, establish a storm drainage service charge by resolution. Said resolution shall set forth the specific amount of the fee, describe the services to be performed, describe the estimated cost of the services to be performed, describe the reasonable relationship between the fee and the service to be performed, and set forth the time of payment and manner of collection. District shall be responsible for timely placement of duly established storm drainage service charges on its schedule of fees forwarded to the County of Santa Clara for collection in conjunction with the County's normal property tax collection procedures and schedule. D. Annual Review of the Storm Drainage Service Charge On an annual basis the District Board of Directors shall review the charges to determine whether the amount is reasonably related to the service being provided. However, any determination and actions necessary to increase the storm drainage service charge, including but not limited to, public notification, voting requirements, and other legal considerations, shall be the sole responsibility of the Town. E. Limited Use of Funds The revenues raised by the payment of the storm drainage service charge shall not be co- mingled with other District funds but shall be duly remitted to the Town as provided for in Paragraph F. Payment to District and Town. Town shall use all revenues for the perfonnance of its duties required by the NPDES Permit and the Town's storm water management plan. F. Payment to District and Town Within 30 days of receipt of the revenue derived from the imposition of said charge, the District shall remit to the Town the full amount of the revenues received less an administrative service charge of no greater than 1.0 percent of the total amount of storm drainage service charges assessed. M G. Remittance of Fund Balances Within 60 days of execution of this agreement by both parties, the District shall remit to the Town any and all Storm Drain Service Charge Fund Balances held by the District on behalf of the Town minus any charges and expenses incurred by the District for stormwater program services provided on the Town's behalf through June 30, 2012. The District shall provide appropriate documentation to the Town to support the Fund Balance remittance. Fund Balance revenues received by the Town shall be used solely for performance of its duties required by the NPDES Permit and the Town's storm water management plan. Part V — TERM OF AGREEMENT, AND OBLIGATIONS UPON TERMINATION A. Term of the Agreement This agreement shall be in full force and effect for a period of time beginning on July 1, 2012, and extending to and including the 30 day of June, 2015, and is automatically renewed for additional one (1) year periods unless either party, at least one year before termination, gives written notice to the other that it does not wish to renew this agreement not later than January 3l This agreement can also be terminated at any time by written agreement of the parties or by operation of law. If not otherwise terminated, this agreement shall terminate on June 30, 2032. B. Rights Upon Termination Upon termination, the balance remaining in storm sewer system account shall be distributed to the parties to the extent that each has incurred actual costs with respect to the operation and maintenance of the Town's storm sewer service. All remaining sums shall be refunded to the property owners from which the funds were collected on a pro -rata basis. C. Survival of Indemnities All indemnity provisions contained in this agreement survive its termination. Part VI — MISCELLANEOUS PROVISIONS A. Amendments 7 This agreement is amendable only by means of written instrument executed with express authorization by the Town Council and the District Board of Directors. B. Disputes If either party contends that the other has breached or is breaching this agreement or that this agreement is inequitable, its governing body shall so notify the governing body of the other party and both governing bodies (subject to all laws concerning the meetings of public agencies) shall meet jointly to resolve their differences. No action or suit concerning the terms or performance of this agreement shall be commenced, nor there be any act of rescission or notice of termination of this agreement until the joint meeting has been held. C. Successors and Assigns The agreements, covenants, conditions, limitations, restrictions and undertakings contained in this agreement apply to and bind the successors and assigns of the parties. The rights and obligations of this agreement may not be assigned by any party without the written consent of the other. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date set forth beside their signatures, to become effective on July 1, 2012. Dated: ATTEST: Town Clerk Dated: TOWN OF LOS GATOS APPROVED AS TO FORM: Town Attorney WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY ATTEST: Secretary APPROVED AS TO FORM: District Counsel THIS PAGE INTENTIONALLY LEFT BLANK Attachment 3 MEMORANDUM OF UNDERSTANDING FOR THE WEST VALLEY CLEAN WATER PROGRAM This MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this _day of _, 2012, by and between the cities of Campbell, Saratoga, Monte Sereno, and the Town of Los Gatos, municipal corporations of the State of California, hereinafter collectively referred to as "The West Valley Cities ", and the West Valley Sanitation District of Santa Clara County, a county sanitation district organized and existing pursuant to the Health and Safety Code of the State of California hereinafter referred to as "District ". WHEREAS, in September, 1994, the West Valley Cities and the District entered into a Memorandum of Understanding for Storm Water Pollution Control Coordination (the "1994 MOU "); and WHEREAS, the coordinated storm water pollution control and management effort of the West Valley Cities and the District is now commonly known as the West Valley Clean Water Program (WVCWP); and WHEREAS, the West Valley Clean Water Program has been a successful and cost- effective means of cooperatively addressing storm water pollution control requirements and regulations within the West Valley Cities; and WHEREAS, the 1994 MOU, which established the basis for this multi - agency coordination through the WVCWP, will terminate on June 30, 2012; and WHEREAS, the West Valley Cities along with the County of Santa Clara, the Santa Clara Valley Water District, and other cities and counties in the region, are subject to continuing regulations for the control and management of stormwater pollution under a series of NPDES permits issued by the San Francisco Bay Regional Water Quality Control Board (RWQCB), most recently as set forth in a Bay Area -wide Municipal Regional Permit (MRP); and WHEREAS, the West Valley Cities and the District wish to continue cooperating and coordinating municipal permit compliance and storm water pollution control efforts through the West Valley Clean Water Program. 1 NOW, THEREFORE, the parties to this MOU do agree to the following: 1. Management Committee The West Valley Cities shall establish a Management Committee comprised of a senior level staff member from each city for purposes of overall management and coordination of the WVCWP. Unless otherwise designated by the respective City /Town Manager, said Management Committee representative shall be the Agency's officially designated and duly authorized Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) Management Committee Representative. The Management Committee shall be responsible for general oversight of the WVCWP and shall meet quarterly to review and monitor WVCWP performance, including budgetary compliance, and progress against annual program objectives. The Management Committee shall also be responsible for Program Administration and Personnel oversight as more fully described in Section 4 below. Meetings shall be held quarterly, generally in December, March, June and September, or at such other times as mutually agreed upon by the Management Committee. All decisions of the Management Committee, including rescheduling or cancelling of meetings, shall be by consensus or majority vote, if consensus is unable to be reached. 2. Technical Advisory Committee and Ad -Hoc Technical Committees The Management Committee may establish a Technical Advisory Committee and /or Ad- Hoc Technical Committees comprised of Agency staff representatives to meet on an as- needed basis to review program activities and assist with specific program implementation components. 3. Fiscal and Administrative Agent The West Valley Sanitation District will serve as the fiscal and administrative agent for the WVCWP on behalf of the participating cities. This responsibility includes processing all payments for expenditures on behalf of the program as authorized in the annual WVCWP budget, as more fully discussed in Section 5, Budget Development. The District shall invoice the cities for their proportional share of program costs as set forth in Section 8, WVCWP Costs, pursuant to the Cost Share Schedule as shown in Attachment A. The District shall also provide 7 any WVCWP contract employees with salaries and benefits as recommended and approved by the Management Committee. 4. WVCWP Program Administration and Personnel The Management Committee may recommend contracting a WVCWP Program Manager and any other such staff as deemed appropriate and necessary for management of the WVCWP, The recommendations shall be made to the District which would contract with any staff as provided for in Section 3 above. All recommendations regarding program management and personnel shall be included as part of the annual program budget. The Management Committee shall make recommendations to District regarding the hiring of a WVCWP Program Manager, including compensation and benefits, and any interview process that may be required, as well as conducting an annual performance review of the WVCWP Manager in January of each year, or such other date as agreed upon by the members of the Management Committee. All recommendations regarding Program Manager compensation and /or contract provisions shall be included with the annual WVCWP budget approved by the Management Committee. The WVCWP Program Manager shall be responsible for all other WVCWP personnel decisions as authorized in the approved WVCWP annual program budget, subject to review by the WVCWP. The WVCWP Program Manager is authorized to enter into agreements consistent with the approved program budget and as approved by the Management Committee. The WVCWP Program Manager is also authorized to approve payment of invoices on behalf the WVCWP consistent with the approved program budget and to exercise any such other duties as may be required to manage the WVCWP as guided by the Management Committee. 5. Budget Development The Management Committee shall be charged with approving an annual WVCWP budget. No later than January lst of each year, or such other date as agreed upon by the Management Committee, the Management Committee shall provide general budget direction to the WVCWP Program Manager for development of the upcoming Fiscal Year budget. The WVCWP Manager will submit a proposed budget to the Management Committee prior to the March Management Committee quarterly meeting, or at such other date as agreed upon by the Management Committee. The Management Committee shall review the proposed budget and 3 recommend a final budget for approval by each of the WVCWP member agency's legislative body. Each party to this MOU will be responsible for the timely coordination of any independent agency actions related to the WVCWP budget, including but not limited to the incorporation of WVCWP costs and revenues within the agency's own annual budget. 6. Shared Program Responsibilities The cities acknowledge that compliance with the current Municipal Regional Permit requires shared responsibilities on the part of the WVCWP cities and the WVCWP. The Management Committee shall be charged with annually reviewing the allocation of these responsibilities amongst the West Valley Cities and the District. Current WVCWP program responsibilities are shown in Attachment B, which may be revised and amended from time to time by the Management Committee to reflect any changes in responsibilities, including new or revised permit compliance requirements. 7. WVCWP Offices The WVCWP Program Manager shall be responsible for securing office space and for ensuring payment of any reasonably necessary occupancy costs, which shall be included as part of the annual program budget approved by the Management Committee. As necessary, the Management Committee will work cooperatively with District and WVCWP staff to identify and secure office space for the program. 8. WVCWP Costs The District will invoice all WVCWP cities on a semi - annual basis for WVCWP costs, in July and January of each Fiscal Year, consistent with the annual budget approved by the WVCWP Management Committee, and consistent with the Cost Sharing Schedule as set forth in Attachment A. The July 2012 invoice, and each subsequent July invoice, shall be for 50% of the program costs as approved in the annual budget. The January 2013 invoice shall be for the remaining 50% of the first year's approved budgeted costs. Beginning with the January 2014 invoice and for each subsequent January invoice, the District shall provide the agencies with a reconciliation of actual program costs for the prior fiscal year and shall invoice the agencies an adjusted amount that takes into account the actual costs and payments for the prior Fiscal Year E made by the District on behalf of the WVCWP as well as the actual payments made by the cities to the District. The District shall provide such detail as requested by the cities in its calculation of the January reconciliation invoice. The cities will also reimburse the District for its overhead and administrative costs as approved by the cities and incorporated in the annual WVCWP Budget. On or before August 1, 2012, the District shall provide an accounting to the parties of all funds being held by the District on behalf of the WVCWP and any outstanding charges and expenses incurred by the District on behalf of the WVCWP through June 30, 2012. The District shall provide appropriate documentation to the parties to support its accounting. Any remaining net fund balance shall be credited against the parties' obligations to the District. 9. Storm Drain Cleaning and Other Direct District Costs The West Valley Cities may request, and the District may provide, other services such as storm drain cleaning, inspection and emergency response services. The District will separately bill each city for the direct cost of any additional services that are not specifically part of the WVCWP. 10. Term This Memorandum of Understanding shall commence on July 1, 2012, or such other date as indicated by the latest date of approval by any of the parties to the MOU, whichever is later. The MOU shall terminate on June 30, 2032, unless terminated earlier under the provisions of Section 12, Termination of Participation and Withdrawal from MOU. 11. Amendments Any amendments or modifications to the MOU shall be in writing and approved by the signatories to the MOU except as provided for in Section 12, Termination of Participation and Withdrawal from MOU. 12. Termination of Participation and Withdrawal from MOU Any party to this MOU may terminate its participation in the MOU and withdraw from future participation upon written notification to the other parties to the MOU no later than January 31" of each calendar year. Termination of participation would be effective on the 1st 5 day of July of the year of delivery of the written notice. Said notification date has been set so that the remaining parties to the MOU can address budgetary and management implications of the WVCWP in a timely manner, as well as determine any needed revisions to the proportional cost sharing allocations. Withdrawal of a party from the MOU shall constitute an amendment to the MOU but shall not necessarily require any subsequent legislation action on the part of the remaining parties to the MOU. 13, Existing Agreements Campbell, Los Gatos and Monte Sereno are anticipated to execute separate agreements with the District for Storm Water Management Services, which shall provide for the continued levy of a Storm Drainage Service Charge by the District on an annual basis upon adoption of a Resolution by the District Board of Directors. In the event of any conflict between this MOU and the separate agreements between the District and the cities of Campbell, Los Gatos and Monte Sereno, the terms of the separate agreements shall prevail. IN WITNESS WHEREOF, the parties hereto have executed this MOU on the date set forth beside their signatures, to become effective on July 1, 2012. Date: Date: Date: Date: CITY OF CAMPBELL CITY OF MONTE SERENO CITY OF SARATOGA 3 TOWN OF LOS GATOS Date: WEST VALLEY SANITATION DISTRICT 91 Attachment A Cost Share Schedule Costs of the WVCWP shall be allocated on the following basis: Campbell 35.1% Los Gatos 32.5% Monte Sereno 2.7% Saratoga 29.7% TOTAL 100.0% VA Attachment B West Valley Clean Water Program Responsibilities